Amended  IN  Senate  June 12, 2024
Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 16, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1777

Introduced by Assembly Member Ting
(Coauthors: Assembly Members Aguiar-Curry and Davies)

January 03, 2024

An act to amend Section 38750 of, and to add Section 38751 to, the Vehicle Code, relating to autonomous vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1777, as amended, Ting. Autonomous vehicles.
Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires the department to adopt regulations setting forth requirements for the submission and approval of an application, including, among other things, any testing, equipment, and performance standards the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, as specified.
This bill would require, if an autonomous vehicle does not have a person in the driver’s seat and commits a violation of the Vehicle Code, or has a person in the driver’s seat but commits the violation while the autonomous technology is engaged, the manufacturer to be cited for the violation. If an autonomous vehicle has a person in the driver’s seat and commits a violation of the Vehicle Code while the autonomous technology is not engaged, the bill would require the driver to be cited for the violation.
The bill would require manufacturers of fully autonomous vehicles, by July 1, 2026, to comply with certain requirements, including, among other things, to maintain a dedicated emergency response telephone line that is available for emergency response officials, as defined, and to equip each autonomous vehicle with a 2-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with a remote human operator, as specified. The bill would authorize an emergency response official to issue an emergency geofencing message, as defined, to a manufacturer and would require a manufacturer to direct its fleet to leave or avoid the area identified within 2 minutes of receiving an emergency geofencing message, as specified. The bill would require a manufacturer to report a collision involving a fully autonomous vehicle to the department within 5 days of the collision, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 38750 of the Vehicle Code is amended to read:

38750.
 (a) For purposes of this division, the following definitions apply:
(1) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.
(2) (A) “Autonomous vehicle” means any vehicle equipped with autonomous technology that has been integrated into that vehicle that meets the definition of Level 3, Level 4, or Level 5 of SAE International’s “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR2021),” as may be revised.
(B) An autonomous vehicle does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
(3) “Department” means the Department of Motor Vehicles.
(4) An “operator” of an autonomous vehicle is the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage.
(5) A “manufacturer” of autonomous technology is the person, as defined in Section 470, that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured.
(b) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met:
(1) The autonomous vehicle is being operated on roads in this state solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology.
(2) The driver shall be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency.
(3) Prior to the start of testing in this state, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or self-insurance to the department in the form and manner required by the department pursuant to the regulations adopted pursuant to subdivision (d).
(c) Except as provided in subdivision (b), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the department, and that application is approved by the department pursuant to the regulations adopted pursuant to subdivision (d). The application shall contain, at a minimum, all of the following certifications:
(1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements:
(A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator.
(B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged.
(C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall do either of the following:
(i) Require the operator to take control of the autonomous vehicle.
(ii) If the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop.
(D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged.
(E) The autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws.
(F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws.
(G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision.
(2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the department pursuant to subdivision (d).
(3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in regulations adopted by the department pursuant to subdivision (d), in an amount of five million dollars ($5,000,000).
(d) (1) As soon as practicable, but no later than January 1, 2015, the department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), and the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c).
(2) The regulations shall include any testing, equipment, and performance standards, in addition to those established for purposes of subdivision (b), that the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the department may consult with the Department of the California Highway Patrol, the Institute of Transportation Studies at the University of California, or any other entity identified by the department that has expertise in automotive technology, automotive safety, and autonomous system design.
(3) The department may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this division.
(4) The department shall hold public hearings on the adoption of any regulation applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle.
(e) (1) The department shall approve an application submitted by a manufacturer pursuant to subdivision (c) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the department pursuant to subdivision (d).
(2) Notwithstanding paragraph (1), if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the department may impose additional requirements it deems necessary to ensure the safe operation of those vehicles, and may require the presence of a driver in the driver’s seat of the vehicle if it determines, based on its review pursuant to paragraph (1), that such a requirement is necessary to ensure the safe operation of those vehicles on public roads.
(f) The department shall post a public notice on its internet website when it adopts the regulations required by subdivision (d). The department shall not approve an application submitted pursuant to the regulations until 30 days after the public notice is provided.
(g) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this division when found to be in conflict with any other state law or regulation.
(h) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The department may promulgate regulations to assess a fee upon a manufacturer that submits an application pursuant to subdivision (c) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the department.
(i) (1) Commencing January 1, 2030, to the extent authorized by federal law, any autonomous vehicle with a model year of 2031 or later and a gross vehicle weight rating of less than 8,501 pounds shall only be operated pursuant to a deployment permit pursuant to Article 3.8 (commencing with Section 228.00) of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations if the vehicle is a zero-emission vehicle, as defined in Section 44258 of the Health and Safety Code.
(2) The department shall not commence rulemaking for the adoption of regulations implementing this subdivision before January 1, 2027.
(j) (1) If an autonomous vehicle does not have a person in the driver’s seat and commits a traffic violation pursuant to this code, the citation shall be issued to the manufacturer. manufacturer and may be issued by mail.
(2) If an autonomous vehicle has a person in the driver’s seat and commits a traffic violation pursuant to this code while the autonomous technology is engaged, the citation shall be issued to the manufacturer. manufacturer and may be issued by mail.
(3) If an autonomous vehicle has a person in the driver’s seat and commits a traffic violation pursuant to this code while the autonomous technology is not engaged, the citation shall be issued to the driver.
(4) The holder of the testing permit or deployment permit may contest a citation or penalty under the procedures in this code.

SEC. 2.

 Section 38751 is added to the Vehicle Code, to read:

38751.
 (a) For purposes of this section, the following definitions apply:
(1) “Emergency geofencing message” means a message delivered using commonly available communication methods to identify a location using a street address, intersection, coordinates, or any other reasonable and customary way of identifying a location, that directs an autonomous vehicle to leave or avoid an area because of a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
(2) “Emergency response official” includes, but is not limited to, emergency dispatchers, traffic control officers, and first responders.
(b) A manufacturer shall, by July 1, 2026, comply with all of the following requirements:
(1) (A) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall maintain a dedicated emergency response telephone line that is available for emergency response officials during all hours when an autonomous vehicle is on a public road. The telephone line shall be available at no cost to public agencies.
(B) The manufacturer shall continuously monitor the status of each autonomous vehicle on a public road and shall equip and staff the telephone line to ensure that calls are picked up within 30 seconds by a remote human operator who has situational awareness of all autonomous vehicles on public roads.
(C) The remote human operator shall have the ability to disable immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or move cause the autonomous vehicle to move as directed by an emergency response official.
(2) (A) A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall equip each autonomous vehicle with a two-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with a remote human operator who has situational awareness about the autonomous vehicle. The manufacturer shall ensure that an emergency response official is able to reach a remote human operator within 30 seconds after making a request through the device.
(B) The remote human operator shall have the ability to disable immobilize the autonomous vehicle, allow an emergency response official to move the autonomous vehicle, or move cause the autonomous vehicle to move as directed by an emergency response official.
(3) A manufacturer shall certify that a communication device is equipped on each autonomous vehicle A manufacturer operating an autonomous vehicle under a testing permit or deployment permit issued by the department shall equip each autonomous vehicle with a communication device that is capable of communicating, at a distance no less than 100 50 feet in front of or behind the vehicle, and using methods that do not employ hazard warning lights as described in subdivision (e) of Section 25251, that the autonomous technology has been disabled and the vehicle will remain stationary, a remote assistance session has been initiated and a remote human operator is engaged, or the autonomous vehicle or remote human operator has received direction from an emergency response official and is complying with the direction given.
(c) The department shall not renew, reinstate, or expand the service area of a permit unless the manufacturer certifies that it is in full compliance with the requirements under subdivision (b).
(d) (1) An emergency response official may issue an emergency geofencing message to a manufacturer.
(2) Within two minutes of receiving an emergency geofencing message, a manufacturer shall issue direction to its fleet to leave or avoid the area identified.
(3) Within 30 business days of receiving a notice that an emergency response official wishes to begin issuing emergency geofencing messages, a manufacturer shall provide the emergency response official with all information necessary for the emergency response official to begin issuing and for the manufacturer to receive and respond to emergency geofencing messages.
(4) An emergency geofencing message shall include the initial duration for the defined avoidance area based on a reasonable assessment of the emergency. Where necessary, an emergency response official may extend the duration for the avoidance area.

(e)If an autonomous vehicle is found to have committed a traffic violation while operating without a driver or while the autonomous technology is engaged, and the violation is due to a technical or software error, the manufacturer shall remedy the error within 60 days of the conviction or judgment.

(f)A manufacturer of autonomous vehicles that has been granted a testing or deployment permit shall report a collision involving an autonomous vehicle to the department within five days of the collision. The report shall contain all of the following information:

(1)Whether the autonomous technology was engaged within 30 seconds of the collision.

(2)Whether a safety driver was present during the collision.

(3)The latitude and longitude coordinates of the collision with five-decimal precision.

(g)A manufacturer of autonomous vehicles that has been granted a testing or deployment permit shall submit a quarterly report to the department that contains all of the following information:

(1)The number of vehicle miles traveled by all autonomous vehicles.

(2)The number of times an autonomous vehicle automatically stops on a public right-of-way when it detects that its ability to drive autonomously is impaired, or an operator fails to respond appropriately to a request to take over the dynamic driving task.

(3)The vehicle identification numbers of all autonomous vehicles.

(h)

(e) This section only applies to manufacturers of fully autonomous vehicles that are capable of operating without a human driver.