AB 1141: Autonomous vehicles: freight vehicles.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-04-17
Existing law authorizes the operation of an autonomous vehicle, as defined, on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if specified requirements are satisfied. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer, as defined, submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires the Department of Motor Vehicles to adopt regulations no later than January 1, 2015, setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance, and for the submission and approval of an application to operate an autonomous vehicle. Under existing law, a violation of the Vehicle Code is an infraction, unless otherwise specified.
This bill would, notwithstanding the above provisions, authorize the Department of the California Highway Patrol, or a manufacturer approved by the department, to conduct testing of autonomous technology using freight vehicles on a highway. The bill would require a manufacturer to submit an application to the department and that application to be approved for purposes of testing on a highway and would require an approved manufacturer to comply with requirements that the department deems appropriate. The bill would require testing to be conducted on a route not less than 50 miles in distance and only on highways that have been designated by the department, which may identify highways appropriate for testing in consultation with the Department of Transportation. The bill would require an operator to be present in the vehicle during testing and for that operator to hold a valid commercial license of the class appropriate to operate the autonomous vehicle being tested. The bill would also specify that any hours spent as an operator of an autonomous freight vehicle are counted towards the maximum driving hours permitted in a work period. The bill would require, prior to the start of the testing of autonomous freight vehicles, the department or the manufacturer, or both, to certify that an autonomous freight vehicle used complies with all applicable Federal Motor Vehicle Safety Standards and that the testing of an autonomous freight vehicle complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, as specified. would require the department, on or before September 30, 2018, to adopt regulations setting forth standards for the testing of autonomous vehicles used to transport freight and, in the development of those regulations, to consult with the Department of Transportation and the Department of the California Highway Patrol on related topics, including appropriate routes for autonomous vehicles used to transport freight and compliance with state and federal requirements for commercial drivers. The bill would require an autonomous vehicle used to transport freight to have an operator in the drivers seat at all times while being operated and would subject the operator to specified requirements relating to the maximum hours a driver is permitted to drive in a work period. By establishing provisions of law, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law authorizes the operation of an autonomous vehicle, as defined, on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if specified requirements are satisfied. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer, as defined, submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires the Department of Motor Vehicles to adopt regulations no later than January 1, 2015, setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance, and for the submission and approval of an application to operate an autonomous vehicle. Under existing law, a violation of the Vehicle Code is an infraction, unless otherwise specified.
This bill would, notwithstanding the above provisions, authorize the Department of the California Highway Patrol, or a manufacturer approved by the department, to conduct testing of autonomous technology using freight vehicles on a highway. The bill would require a manufacturer to submit an application to the department and that application to be approved for purposes of testing on a highway and would require an approved manufacturer to comply with requirements that the department deems appropriate. The bill would require testing to be conducted on a route not less than 50 miles in distance and only on highways that have been designated by the department, which may identify highways appropriate for testing in consultation with the Department of Transportation. The bill would require an operator to be present in the vehicle during testing and for that operator to hold a valid commercial license of the class appropriate to operate the autonomous vehicle being tested. The bill would also specify that any hours spent as an operator of an autonomous freight vehicle are counted towards the maximum driving hours permitted in a work period. The bill would require, prior to the start of the testing of autonomous freight vehicles, the department or the manufacturer, or both, to certify that an autonomous freight vehicle used complies with all applicable Federal Motor Vehicle Safety Standards and that the testing of an autonomous freight vehicle complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, as specified. By establishing provisions of law, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would state the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.Existing law authorizes the operation of an autonomous vehicle, as defined, on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if specified requirements are satisfied. Existing law prohibits an autonomous vehicle from being operated on public roads until the manufacturer, as defined, submits an application to the Department of Motor Vehicles, as specified, and that application is approved. Existing law requires the Department of Motor Vehicles to adopt regulations no later than January 1, 2015, setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance, and for the submission and approval of an application to operate an autonomous vehicle.
This bill would state the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.
(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.
(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 drivers seat, or, if there is no person in the drivers 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 drivers 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 vehicles autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicles 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 vehicles 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.
(5)On or before September 30, 2018, the department shall adopt regulations setting forth standards for the testing of autonomous vehicles used to transport freight. In developing regulations pursuant to this paragraph, the department shall consult with the Department of Transportation and the Department of the California Highway Patrol on related topics, including, but not limited to, appropriate routes for autonomous vehicles used to transport freight and compliance with state and federal requirements for commercial drivers. An autonomous vehicle used to transport freight shall have an operator in the drivers seat at all times while being operated. The operator shall be subject to the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.
(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 drivers 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. The department shall notify the Legislature of the receipt of an application from a manufacturer seeking approval to operate an autonomous vehicle capable of operating without the presence of a driver inside the vehicle and approval of the application. Approval of the application shall be effective no sooner than 180 days after the date the application is submitted.
(f)Nothing in this division shall limit or expand the existing authority to operate autonomous vehicles on public roads, until 120 days after the department adopts the regulations required by paragraph (1) of subdivision (d).
(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.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.
(1)A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.
(2)An approved manufacturer shall comply with requirements that the department deems appropriate.
(3)The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.
(4)An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.
(5)Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:
(A)An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.
(B)The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.
(b)For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.It is the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.It is the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr 18, 2017 | From committee: Do pass and re-refer to Com. on C. & C. (Ayes 8. Noes 1.) (April 17). Re-referred to Com. on C. & C. |
| Apr 26, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 18, 2017 | Re-referred to Com. on TRANS. |
| Apr 17, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 29, 2017 | Re-referred to Com. on TRANS. |
| Mar 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 27, 2017 | Referred to Coms. on TRANS. and C. & C. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 17, 2017 | Do pass and be re-referred to the Committee on [Communications and Conveyance] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| CA Teamsters Public Affairs Council | * Against | Apr 17, 2017 |
| California Labor Federation, Afl-Cio | * Against Unless Amend | Apr 17, 2017 |
| California Trucking Association | * Against Unless Amend | Apr 17, 2017 |
| Technet-Technology Network | * Indeterminate | Apr 17, 2017 |
Date of Hearing: April 17, 2017
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1141 (
Author:Berman) – As Amended Ver:April 17, 2017
SUBJECT: Autonomous vehicles: freight vehicles
SUMMARY: Requires the Department of Motor Vehicles (DMV) to adopt regulations for the testing of autonomous vehicles used to transport freight. Specifically, this bill:
- Requires DMV, on or before September 30, 2018, to adopt regulations setting forth standards for the testing of autonomous vehicles used to transport freight.
- Requires DMV to consult with the California Department of Transportation and the California Highway Patrol on topics including, but not limited to, appropriate routes for testing and compliance with state and federal requirements for commercial drivers.
- Requires an autonomous vehicle used to transport freight to have an operator in the driver’s seat at all times while being operated, and provides that the operator is subject to the maximum hours a driver is permitted to drive in a work period, as specified.
EXISTING LAW:
- Authorizes the operation of autonomous vehicles on public roads for testing purposes under certain circumstances specified in regulations adopted by the DMV.
- Requires an autonomous vehicle being operated for testing purposes be operated by a driver who possesses the proper class of license for the type of vehicle being operated and meet the following requirements:
- The operator is an employee of, contractor of, or otherwise designated by the manufacturer of the autonomous technology;
- The driver is 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; and,
- The manufacturer performing the testing obtains insurance in the amount of $5 million, as specified.
- Prohibits the operation of autonomous vehicles on public roads for non-testing purposes unless the manufacturer of the vehicles submits an application to DMV that is approved pursuant to DMV regulations.
- Requires DMV, by January 1, 2015, to adopt regulations setting forth requirements for the application to operate autonomous vehicles on public roads for non-testing purposes.
FISCAL EFFECT: Unknown
COMMENTS: In response to arguments for the traffic safety benefits of increasingly automated vehicle technology, the Legislature passed and Governor Brown signed legislation requiring DMV to adopt regulations for the operation of autonomous vehicles on California’s public roads in 2012 [SB 1298 (Padilla), Chapter 570, Statutes of 2012]. The rollout of DMV’s regulations was separated into two stages: regulations for insurance requirements for the purposes of testing autonomous vehicles and regulations for the full deployment of autonomous vehicles on California roads for non-testing purposes. Both sets of regulations were required to be adopted by January 1, 2015. DMV adopted testing regulations on May 19, 2014, and submitted proposed regulations for non-testing purposes for public comment on March 10, 2017. The public comment period will end on April 24, 2017, and DMV anticipates adopting finalized regulations before the end of 2017.
DMV’s proposed regulations currently exclude vehicles with a gross vehicle weight rating over 10,000 pounds from being authorized for testing or deployment by manufacturers. This includes most vehicles that would be used to transport freight, such as truck tractors trailers, and other commercial vehicles. The decision to exclude those vehicles from the initial regulatory framework for autonomous vehicles was based on safety concerns relating to larger vehicles being operated on roadways autonomously, with potentially greater safety hazards to motorists and pedestrians if an accident were to occur, and on a desire on the part of DMV to establish baseline regulations for “regular” autonomous vehicles first.
This bill would set a deadline in statute for DMV to adopt regulations relating to autonomous vehicles used to transport freight. It would address the safety concerns relating to larger autonomous vehicles by specifically requiring an operator to be seated in a vehicle’s driver’s seat, and by subjecting that operator to hours-of-service requirements that are imposed on conventional commercial drivers.
The author argues that this bill will help ensure that autonomous technology makes available the potential safety benefits it could provide. According to the author, this bill “puts California in a position to lead with the next generation of [autonomous vehicle] technology.”
While other states have a variety of rules for the testing of autonomous vehicles, ranging from no restrictions on testing at all to partial prohibitions on testing of some vehicles, testing of the type of vehicles contemplated under this bill has taken place with significant media attention elsewhere, such as an autonomous beer truck delivery in Colorado in October 2016.
Committee concerns: This bill may not be necessary. While DMV has chosen to exclude commercial vehicles from its current regulatory package, the department is not statutorily required to do so, nor does existing law explicitly prohibit DMV from authorizing the testing and deployment of those vehicles. In a Senate Insurance Committee informational hearing on
March 8, 2017, DMV indicated that after the current proposed deployment regulations are finalized, commercial autonomous vehicle regulations would be part of the next phase of DMV rulemaking.
Double referral: This bill will be referred to the Assembly Communications and Conveyance Committee should it pass out of this committee.
Previous legislation: SB 1298 (Padilla), Chapter 570, Statutes of 2012, established conditions for the operation of autonomous vehicles upon public roadways.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Justin Behrens / TRANS. /
Discussed in Hearing
21MIN
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):