Bill Text: CA AB3061 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: autonomous vehicle incident reporting.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-09-06 - Enrolled and presented to the Governor at 4 p.m. [AB3061 Detail]
Download: California-2023-AB3061-Amended.html
Bill Title: Vehicles: autonomous vehicle incident reporting.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-09-06 - Enrolled and presented to the Governor at 4 p.m. [AB3061 Detail]
Download: California-2023-AB3061-Amended.html
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Amended
IN
Senate
August 15, 2024 |
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Amended
IN
Senate
June 12, 2024 |
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Amended
IN
Assembly
April 16, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3061
| Introduced by Assembly Member Haney (Coauthor: Assembly Member Aguiar-Curry) |
February 16, 2024 |
An act to add Section 38760 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 3061, as amended, Haney.
Vehicles: autonomous vehicle incident reporting.
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, as defined, submits an application to the Department of Motor Vehicles (DMV), as specified, and that application is approved. Existing law requires the department to adopt various specified regulations relating to autonomous vehicles, including, among others, testing, equipment, and performance standards that the department concludes are necessary to ensure the safe operation of autonomous vehicle on public roads.
Commencing July 31, 2025, this bill would require a manufacturer of autonomous vehicles to report to the DMV a
vehicle collision, traffic citation, collision or disengagement, as defined, that occurs when a manufacturer’s vehicle is operating in autonomous mode in California on California public roads regardless of whether the vehicle is in the testing or deployment phase. The bill would require these reports to contain specified information and to be submitted at the time the incident is identified by the manufacturer. on an annual basis, as specified.
The bill would require these reports to be submitted on timelines adopted by the DMV that do not exceed reporting deadlines required by the federal National Highway Traffic Safety Administration. The bill would additionally additionally, commencing July 31, 2025, require a manufacturer that is testing or deploying autonomous vehicles, as specified, to submit quarterly reports to the department that summarize the above-mentioned reports, vehicle miles traveled, unplanned stops,
vehicle immobilizations, and certain traffic violations, and wheelchair-accessible services, violations, as specified. The bill would would, commencing July 1, 2025, require the DMV to publish maintain all reports submitted pursuant to these the
above-described provisions in an electronic, open, and machine-readable format
electronic format and make the reports available to local and state transportation authorities upon request. The bill would, commencing January 1, 2028, require the department to publish reports in an electronic, open, and machine-readable format on the department’s internet website within 30 90 days of receipt, as specified. The bill would authorize the DMV to suspend or revoke the testing and deployment permit of any manufacturer while an investigation of any violations is pending. but would require the department to redact the personal information of any passengers, drivers, or other road users, and any information that
divulges trade secrets identified by the autonomous vehicle manufacturer prior to releasing these reports.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Since 2013, the Department of Motor Vehicles (DMV) has been considering the implications of testing and deploying autonomous vehicles on California roads.
(b) The DMV convened workshops, public hearings, and ultimately adopted regulations in 2018.
(c) These regulations served as a starting point for data collection during the testing of autonomous vehicles. However, updates to the law are necessary to ensure that critical data is collected by the state for all of the following reasons:
(1) During the workshops, public hearings, and regulation drafting process, the DMV primarily considered autonomous vehicle deployment for personal vehicle use. In more recent years, the autonomous vehicle industry has pivoted rapidly toward the ride hailing industry and other autonomous vehicle services.
(2)The data collected by the DMV is inconsistent with the data provided to the federal National Highway Traffic Safety Administration by autonomous vehicle companies operating in California.
(3)
(2) Currently, the DMV neither collects
nor reports data once an autonomous vehicle permit holder shifts from testing to a full deployment permit.
(4)
(3) In recent months, driverless vehicles have shut down and blocked intersections or have caused gridlock and obstructed emergency vehicles.
(5)
(4) There is a public interest in the highest level of transparency as the state
determines the level and extent of the deployment of autonomous vehicles.
(d) Thus, a statutory minimum is essential to ensure that the need for innovation is met with public transparency and safety.
SEC. 2.
Section 38760 is added to the Vehicle Code, immediately following Section 38755, to read:38760.
(a) For purposes of this section, the following definitions apply:(1) “Disengagement” means the deactivation of a vehicle’s autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle requires a test driver or remote operator to disengage the autonomous mode and take immediate manual control of the vehicle, or in the case of driverless vehicles, when the safety of the vehicle, the occupants of the vehicle, or the public requires that the autonomous technology be deactivated.
(2) “Traffic citation” includes, but is not limited to,
means a cited violation of this code and a violation of a local ordinance adopted pursuant to this code. Parking tickets shall not be included as a traffic citation pursuant to this section. section, except for tickets issued for double parking that obstructs public transportation.
(3) “Unplanned stop” “Vehicle immobilization” means a stop in a roadway for a minimum of 90 seconds when the conditions on the road require traffic flow.
an active traffic lane when the autonomous vehicle is not able to continue the dynamic driving task for a significant amount of time. It does not include a stop intended to pick up or drop off a passenger. passenger or goods. The department shall have the discretion to define what qualifies as a significant amount of time up to a maximum of 180 seconds.
(4) “Vulnerable road user” includes any person who is not an occupant of a motor vehicle with more than three wheels. This definition includes, but is not limited to, pedestrians, people traveling in wheelchairs, bicyclists, motorcyclists, and riders or occupants of other transport vehicles that are not motor vehicles, including all-terrain vehicles and tractors.
(b) Commencing July 31, 2025, a manufacturer of autonomous vehicles shall report to the Department of Motor Vehicles a vehicle collision, traffic citation, or disengagement, collision or disengagement that occurs when a manufacturer’s vehicle is operating in autonomous mode in California. on California public roads. These reports shall apply to all autonomous vehicles permitted by the department, regardless of whether the vehicle is in the testing or deployment phase.
operating under a testing or deployment permit.
(c) An incident report related to a vehicle collisions
collision submitted pursuant to subdivision (b) shall include, but is not limited to, all of the following information:
(1) A detailed narrative of the collision, including any relevant precollision and postcollision information. Relevant precollision and postcollision information includes activity from 90 30 seconds before a collision to when the involved vehicles leave the scene or first responders arrive on scene.
through the conclusion of the collision.
(2) The total number of passengers and any passenger interactions. interactions, if known by the manufacturer.
(3) The road and traffic conditions at the time of the collision.
(4) Any interactions with road users or obstacles on the road.
(5)Information related to the performance of the autonomous vehicle system, including whether the autonomous technology was engaged within 30 seconds of the collision, precollision movement and speed, and narrative description.
(6)Injury and property damage details.
(7)
(5) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(8)
(6) The vehicle identification number, or other identifying information if the vehicle identification number is not available, number
of the autonomous vehicle.
(9)The license plate number of the autonomous vehicle.
(10)
(7) Whether a test safety driver was present.
(11)
(8) The latitude and longitude coordinates of the collision with five decimal precision.
(12)
(9) The date and time of the collision in coordinated universal time format.
(13)
(10) Any additional information reported to
the federal National Highway Traffic Safety Administration (NHTSA) that does not contain personally identifiable personal information.
(d)An incident report related to a traffic citation submitted pursuant to subdivision (b) shall contain, but is not limited to, all of the following information:
(1)The specific state or local traffic law or regulation that was violated.
(2)The circumstances that led to the violation.
(3)Any actions taken by the autonomous vehicle or other involved parties to contest or accept the violation.
(4)Any justification offered for the violation.
(5)The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(6)The vehicle identification number of the autonomous vehicle.
(7)The license plate number of the autonomous vehicle.
(8)Whether a safety driver was present.
(9)Whether a safety driver, remote operator, or the automated technology was in control of the vehicle at the time of the violation.
(e)
(d) An incident report related to autonomous vehicle disengagements submitted pursuant to subdivision (b) shall be submitted on an annual basis and shall occur the period of December 1 of the current year to November 30, inclusive, of the following year and contain, but is not limited to, at minimum,
all of the following information:
(1) The location at which the disengagement occurred, including whether the location was an interstate, freeway, highway, rural road, or street. latitude and longitude coordinates of the disengagement with five decimal precision.
(2) Whether the vehicle was operating with or without a test driver at the time of the disengagement.
(3) A description of the facts and circumstances of the disengagement, including weather conditions, road surface conditions, traffic conditions,
construction, emergencies, or collisions. The description shall be written in plain language with enough detail that a nontechnical person can understand the circumstances triggering the disengagement. The report shall identify the party that initiated the vehicle’s disengagement, including the vehicle’s autonomous technology, the autonomous vehicle test driver, the remote operator, or a passenger.
(f)(1)
(e) All collision
reports submitted pursuant to subdivision (b) shall be submitted on the timelines adopted by the department that shall not exceed the reporting deadlines required by the federal NHTSA.
(2)If an incident related to a vehicle collision results in a fatality or any individual being transported to a hospital from the scene for medical treatment, or involves a vulnerable road user, the report shall be submitted within one calendar day.
(3)If an incident related to a vehicle collision results in a vehicle being towed or air bag deployment, the report shall be submitted within five calendar days.
(4)If the autonomous technology was engaged 30 seconds before a collision, the report shall be submitted within 45 calendar days.
(g)
(f) Commencing July 31, 2025, a manufacturer of autonomous vehicles that is testing autonomous vehicles pursuant to Article 3.7, or deploying autonomous vehicles pursuant to Article 3.8, of Chapter 1 of Division 1 of Title 13 of the California Code of Regulations,
shall submit to the department quarterly reports summarizing in tabular format all reports that were submitted pursuant to subdivision (b) in the previous three months. The quarterly reports shall include a summary of vehicle miles traveled, unplanned stops, wheelchair-accessible services, and traffic violations that resulted in a traffic citation and vehicle immobilizations, and any traffic citations that have not been dismissed at the time of submission of the report.
(h)
(g) A summary report of vehicle miles traveled submitted pursuant to subdivision (g) (f) shall include, but is not limited to, all of the following information:
(1) The manufacturer.
(2) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(3) The vehicle identification number, or other identifying information if the vehicle identification number is not available, of the autonomous vehicle.
number of the autonomous vehicle operating on California public roads during the reporting period.
(4)The license plate number of the autonomous vehicle.
(5)
(4) The county.
(6)
(5) The municipality.
(7)
(6) The month and year.
(8)
(7) The total vehicle miles traveled on public roads.
roads, broken down by county.
(9)
(8) The vehicle miles traveled when the vehicle was controlled by a safety driver or remote operator.
(10)
(9) The vehicle miles traveled on public roads when the vehicle was controlled by the autonomous technology and a safety
operated in autonomous mode and a test driver was present.
(11)
(10) The vehicle miles traveled when the vehicle was controlled by the autonomous technology and a safety driver was not present.
(i)
(h) A summary report of unplanned stops
vehicle immobilizations
submitted pursuant to subdivision (g) (f) shall include, but is not limited to, all of the following information:
(1) The manufacturer.
(2) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(3) The vehicle identification number, or other identifying information if the vehicle identification number is not available, of the autonomous vehicle.
number of the autonomous vehicle operating on California public roads during the reporting period.
(4)The license plate number of the autonomous vehicle.
(5)Whether the automated technology was engaged 30 seconds before the unplanned stop.
(6)
(4) The number of passengers.
(7)Whether a test driver was present at the time of the unplanned stop.
(8)
(5) Road and weather conditions at the time of the unplanned stop. vehicle immobilization.
(9)The type of location where the unplanned stop occurred, including, but not limited to, an interstate, freeway, highway, rural road, or street.
(6) The latitude and longitude coordinates of the vehicle immobilization with five decimal precision.
(10)
(7) The date and time of the unplanned stop vehicle immobilization in coordinated universal time format.
(11)
(8) The total duration of the unplanned stop vehicle immobilization measured in seconds from the beginning of the stop vehicle immobilization to when the stop is resolved and the autonomous vehicle is no longer blocking the public right-of-way. active travel lane.
(12)
(9) Whether the unplanned stop
vehicle immobilization obstructed a general-purpose lane, transit-only lane, bike lane, intersection, rail track, an emergency response vehicle, or an emergency response scene.
(13)A description of the cause of the unplanned stop.
(14)A description of how the unplanned stop was resolved, including whether the vehicle drove away or was removed by the autonomous technology, a remote operator, or a tow truck.
(15)The unplanned stop identification number.
(16)
(10) A narrative description of the unplanned stop, vehicle immobilization, including how the unplanned stop was resolved.
(j)
(i) A summary report of traffic violations that resulted in a citation and have not been dismissed, submitted pursuant to subdivision (g), (f), shall contain, but is not limited to, all of the following information:
(1) The specific state or local traffic law or regulation that was violated. the basis of the citation.
(2) The
circumstances that led to the violation. issuance of the citation.
(3) Any actions taken by the autonomous vehicle or other involved parties manufacturer to contest or accept the violation. citation.
(4) Any justification offered for the violation.
citation.
(5) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(6) The vehicle identification number, or other identifying information if the vehicle identification number is not available, number of the autonomous vehicle.
(7)The license plate number of the autonomous vehicle.
(8)
(7) Whether a test safety driver was present.
(9)Whether a test driver, remote operator, or the automated driving system was in control of the vehicle at the time of the violation.
(k)The
(j) (1) Commencing July 1, 2025, the department shall maintain all reports submitted pursuant to this section in an electronic format as received by the manufacturer and make the reports available upon request by local and state transportation authorities.
(2) Commencing January 1, 2028, the department shall publish all reports submitted pursuant to this section in an electronic, open, and machine-readable format on the department’s internet website within 30
90 days of receipt. The reports published pursuant to this subdivision shall not be redacted in any capacity except to remove identifiable personal information of any passengers or drivers.
(l)The department may suspend or revoke
the manufacturer’s testing and deployment permit of any manufacturer while an investigation is pending for a violation of this section.
(k) (1) Commencing January 1, 2028, the department shall redact the personal information of any passengers, drivers, or other road users, and any information that divulges trade secrets identified by the autonomous vehicle manufacturer prior to releasing any report.
(2) The department may redact information on vehicles not owned or operated by a manufacturer.
(3) The department shall provide the relevant autonomous vehicle manufacturer an opportunity to identify any information that divulges trade secrets that should potentially be redacted pursuant to
paragraph (1). A manufacturer bears the burden of proving the reasons why the department shall withhold any information, or any portion thereof, from the public. To request confidential treatment of information submitted to the department, a manufacturer must designate each page, section, or field, or any portion thereof, as confidential. If only a certain portion of information is claimed to be confidential, then only that portion rather than the entire submission should be designated as confidential.
