AB 87: Vehicles: removal: autonomous vehicles.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-22
Existing law authorizes a peace officer, or a public employee who is engaged in directing traffic or enforcing parking laws, to remove a vehicle under specified circumstances, including when the vehicle is found or is operating on the highway with a registration expiration date in excess of 6 months before the date it is found or operated on the highway, or displaying a license plate or registration sticker that was not issued for that vehicle.
This bill would additionally authorize a peace officer or specified public employee, as specified, to remove a vehicle that uses autonomous technology without a valid permit that is required to operate the vehicle on public roads. The bill would authorize the release of the vehicle after the registered owner of, or person in control of, the autonomous vehicle furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, and either a valid permit that is required to operate the autonomous vehicle using autonomous technology on public roads or a declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology, as specified. The bill would make additional technical, nonsubstantive changes.
Existing law authorizes a peace officer, or a public employee who is engaged in directing traffic or enforcing parking laws, to remove a vehicle under specified circumstances, including when the vehicle is found or is operating on the highway with a registration expiration date in excess of 6 months before the date it is found or operated on the highway, or displaying a license plate or registration sticker that was not issued for that vehicle.
This bill would additionally authorize a peace officer or specified public employee, as specified, to remove a vehicle that uses autonomous technology without a valid permit that is required to operate the vehicle on public roads. The bill would authorize the release of the vehicle after the registered owner of, or person in control of, the autonomous vehicle furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, and either a valid permit that is required to operate the autonomous vehicle using autonomous technology on public roads or a declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology, as specified. The bill would make additional technical, nonsubstantive changes.
Existing law authorizes a peace officer, or a public employee who is engaged in directing traffic or enforcing parking laws, to remove a vehicle under specified circumstances, including when the vehicle is found or is operating on the highway with a registration expiration date in excess of 6 months before the date it is found or operated on the highway, or displaying a license plate or registration sticker that was not issued for that vehicle.
This bill would additionally authorize a peace officer or specified public employee, as specified, to remove a vehicle that uses autonomous technology and for which there is no approved application or without a valid permit that is required in order to test, deploy, or otherwise operate the autonomous vehicle on public roads. The bill would authorize the release of the vehicle after the registered owner of, or person in control of, the autonomous vehicle furnishes the impounding storing law enforcement agency with proof of an approved application or current registration and a valid drivers license, and either a valid permit that is required to test, deploy, or otherwise operate the autonomous vehicle using autonomous technology on public roads. roads or a declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology, as specified. The bill would make additional technical, nonsubstantive changes.
Existing law authorizes a peace officer, or a public employee who is engaged in directing traffic or enforcing parking laws, to remove a vehicle under specified circumstances, including when the vehicle is found or is operating on the highway with a registration expiration date in excess of 6 months before the date it is found or operated on the highway, or displaying a license plate or registration sticker that was not issued for that vehicle.
This bill would additionally authorize a peace officer or specified public employee, as specified, to remove a vehicle that uses autonomous technology and for which there is no approved application or permit that is required in order to test, deploy, or otherwise operate the autonomous vehicle on public roads. The bill would authorize the release of the vehicle after the registered owner of, or person in control of, the autonomous vehicle furnishes the impounding agency with proof of an approved application or permit that is required to test, deploy, or otherwise operate the autonomous vehicle on public roads. The bill would make additional technical, nonsubstantive changes.
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 being operated, if specified requirements are satisfied. Existing law prohibits an autonomous vehicle from being operated 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 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 for a manufacturer performing testing, and for the submission and approval of an application to operate an autonomous vehicle. Existing law further requires those regulations to include any testing, equipment, and performance standards 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.This bill would require the department to include in regulations it adopts relating to application requirements for the testing of autonomous vehicles on public roads without the presence of a driver inside the vehicle, a requirement that the manufacturer certify that the local authorities within the jurisdiction where the autonomous vehicle will be tested have been provided with a written notification, as specified, and a requirement that the manufacturer provide certain law enforcement agencies with a copy of a law enforcement interaction plan. The bill would require the law enforcement interaction plan, which instructs the law enforcement agencies on how to interact with the autonomous vehicle in emergency and traffic enforcement situations, to include, at a minimum, information on how to communicate with a remote operator of the vehicle, where in the vehicle to obtain owner information, vehicle registration, and proof of insurance, and how to recognize whether the vehicle is operating in autonomous mode.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 being operated, if specified requirements are satisfied. Existing law prohibits an autonomous vehicle from being operated 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 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, self insurance for a manufacturer performing testing, and for the submission and approval of an application to operate an autonomous vehicle. Under existing law, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of the Vehicle Code, unless otherwise specified. Existing law further requires those regulations to include any testing, equipment, and performance standards 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.
This bill would provide that violation of this section is not an infraction and would instead, among other things, require the department to revoke the registration of a vehicle that is being operated in violation of those provisions. The bill would also authorize a peace officer to cause the removal and seizure of a vehicle operating on the public streets with a registration that has been revoked pursuant to these provisions and authorize the department to impose a penalty of up to $25,000 per day for each autonomous vehicle operating in violation of these provisions. require the department to include in regulations it adopts relating to application requirements for the testing of autonomous vehicles on public roads without the presence of a driver inside the vehicle, a requirement that the manufacturer certify that the local authorities within the jurisdiction where the autonomous vehicle will be tested have been provided with a written notification, as specified, and a requirement that the manufacturer provide certain law enforcement agencies with a copy of a law enforcement interaction plan. The bill would require the law enforcement interaction plan, which instructs the law enforcement agencies on how to interact with the autonomous vehicle in emergency and traffic enforcement situations, to include, at a minimum, information on how to communicate with a remote operator of the vehicle, where in the vehicle to obtain owner information, vehicle registration, and proof of insurance, and how to recognize whether the vehicle is operating in autonomous mode.
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 being operated, if specified requirements are satisfied. Existing law prohibits an autonomous vehicle from being operated 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 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, it is unlawful and constitutes an infraction for any person to violate, or fail to comply with any provision of the Vehicle Code, unless otherwise specified.
This bill would provide that violation of this section is not an infraction and would instead, among other things, require the department to revoke the registration of a vehicle that is being operated in violation of those provisions. The bill would also authorize a peace officer to cause the removal and seizure of a vehicle operating on the public streets with a registration that has been revoked pursuant to these provisions and authorize the department to impose a penalty of up to $25,000 per day for each autonomous vehicle operating in violation of these provisions.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of his or her identity.
(B)An address within this state where he or she can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state where he or she can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owners or his or her agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of his or her identity.
(B)An address within this state where he or she can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state where he or she can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to operate the vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iv)This subparagraph does not provide the authority for a peace officer to stop an autonomous vehicle solely for the purpose of determining whether the vehicle is operating using autonomous technology without a valid permit required to operate the autonomous vehicle on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owners or his or her agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of his or her identity.
(B)An address within this state where he or she can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state where he or she can be located.
(k)If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, but without an approved application or without the registered owner or manufacturer of the vehicle having first applied for, and obtained, a valid permit that is required to test, deploy, or otherwise operate the autonomous vehicle on public roads. roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)The vehicle is operating using autonomous technology after the registered owner or person in control of the vehicle received notice that the vehicles permit required for the operation of the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations is suspended, terminated, or revoked.
(ii)(iii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iii)(iv)This subparagraph does not provide the authority for a peace officer to stop a an autonomous vehicle that is operating using autonomous technology solely for the purpose of determining whether the vehicle is operating using autonomous technology without an approved application or a valid permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads. roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(2)If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under any of the following circumstances:
(A)To If the vehicle has been removed pursuant to subparagraph (A), (B), or (C) of paragraph (1), to the registered owner of, or person in control of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a valid drivers license to operate the vehicle.
(B)The If the vehicle has been removed pursuant to subparagraph (D) of paragraph (1), to the registered owner of, or person in control of, the autonomous vehicle, after the registered owner or person furnishes the impounding storing law enforcement agency with proof of an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads. current registration and a valid drivers license, if required to operate the autonomous vehicle, and either of the following:
(i)Proof of a valid permit required to operate the autonomous vehicle using autonomous technology on public roads pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(ii)A declaration or sworn statement to the Department of Motor Vehicles that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit to operate the vehicle pursuant to Section 38750, and Article 3.7 (commencing with Section 227.00) and Article 3.8 (commencing with Section 228.00) of Title 13 of the California Code of Regulations.
(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owners or his or her agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(q)If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(r)If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)If a peace officer issues a notice to appear for a violation of Section 25279.
(u)If a peace officer issues a citation for a violation of Section 11700, and the vehicle is being offered for sale.
(v)(1)If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:
(a)When If a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.
(b)When If a vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway.
(c)When If a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle was embezzled.
(d)When If a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.
(e)When If a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.
(f)When If a vehicle, except highway maintenance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of-way of a freeway that has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power.
(g)When If the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.
(h)(1)When If an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
(2)When If an officer serves a notice of an order of suspension or revocation pursuant to Section 13388 or 13389.
(i)(1)When If a vehicle, other than a rented vehicle, is found upon a highway or public land, or is removed pursuant to this code, and it is known that the vehicle has been issued five or more notices of parking violations to which the owner or person in control of the vehicle has not responded within 21 calendar days of notice of citation issuance or citation issuance or 14 calendar days of the mailing of a notice of delinquent parking violation to the agency responsible for processing notices of parking violations, or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which a certificate has not been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:
(A)Evidence of his or her identity.
(B)An address within this state at which where he or she can be located.
(C)Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.
(2)The requirements in subparagraph (C) of paragraph (1) shall be fully enforced by the impounding law enforcement agency on and after the time that the Department of Motor Vehicles is able to provide access to the necessary records.
(3)A notice of parking violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of furnishing satisfactory evidence that the full amount of parking penalties or bail has been deposited, that person may demand to be taken without unnecessary delay before a magistrate, for traffic offenses, or a hearing examiner, for parking offenses, within the county in which where the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. Evidence of current registration shall be produced after a vehicle has been impounded, or, at the discretion of the impounding law enforcement agency, a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person.
(4)A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following:
(A)Pays the cost of towing and storing the vehicle.
(B)Submits evidence of payment of fees as provided in Section 9561.
(C)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. The legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, on receipt of that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(5)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled pursuant to paragraph (4) has a deficiency claim against the registered owner for the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(j)When If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state at which where he or she can be located.
(k)When If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.
(l)When If a vehicle is illegally parked on a highway in violation of a local ordinance forbidding standing or parking and the use of a highway, or a portion thereof, is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(m)When If the use of the highway, or a portion of the highway, is authorized by a local authority for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement, and signs giving notice that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by a local authority pursuant to the ordinance.
(n)Whenever a vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles. Except as provided in subdivisions (v) and (w), a vehicle shall not be removed unless signs are posted giving notice of the removal.
(o)(1)When If a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under any of the following circumstances:
(A)With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
(B)Displaying in, or upon, the vehicle, a registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit that was not issued for that vehicle, or is not otherwise lawfully used on that vehicle under this code.
(C)Displaying in, or upon, the vehicle, an altered, forged, counterfeit, or falsified registration card, identification card, temporary receipt, license plate, special plate, registration sticker, device issued pursuant to Section 4853, or permit.
(D)(i)The vehicle is operating using autonomous technology, but without an approved application or permit that is required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
(ii)For purposes of this subdivision, the terms autonomous technology and autonomous vehicle have the same meanings as in Section 38750.
(iii)This subparagraph does not provide the authority for a peace officer to stop a vehicle that is operating using autonomous technology solely for the purpose of determining whether the vehicle is operating without an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
(2)When If a vehicle described in paragraph (1) is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
(3)For the purposes of this subdivision, the vehicle shall be released under either any of the following circumstances:
(A)To the registered owner owner of, or person in control of of, the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a currently valid drivers license to operate the vehicle.
(B)The registered owner of, or person in control of, the autonomous vehicle, after the owner or person furnishes the impounding agency with proof of an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
(B)(C)To the legal owner or the legal owners agency, without payment of any fees, fines, or penalties for parking tickets or registration and without proof of current registration, if the vehicle will only be transported pursuant to the exemption specified in Section 4022 and if the legal owner does all of the following:
(i)Pays the cost of towing and storing the vehicle.
(ii)Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of an offense relating to standing or parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency has a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5. Upon receipt of any surplus, the legal owner shall promptly remit to, and deposit with, the agency responsible for processing notices of parking violations from that surplus, the full amount of the parking penalties for all notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5.
(4)The impounding agency that has a lien on the surplus that remains upon the sale of a vehicle to which a registered owner is entitled has a deficiency claim against the registered owner for the full amount of parking penalties for any notices of parking violations issued for the vehicle and for all local administrative charges imposed pursuant to Section 22850.5, less the amount received from the sale of the vehicle.
(5)As used in this subdivision, offstreet parking facility means an offstreet facility held open for use by the public for parking vehicles and includes a publicly owned facility for offstreet parking, and a privately owned facility for offstreet parking if a fee is not charged for the privilege to park and it is held open for the common public use of retail customers.
(p)When If the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604 14604, and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owners or his or her agents currently valid drivers license to operate the vehicle and proof of current vehicle registration, to the impounding law enforcement agency, or upon order of a court.
(q)When If a vehicle is parked for more than 24 hours on a portion of highway that is located within the boundaries of a common interest development, as defined in Section 4100 or 6534 of the Civil Code, and signs, as required by paragraph (1) of subdivision (a) of Section 22658 of this code, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owners expense, pursuant to a resolution or ordinance adopted by the local authority.
(r)When If a vehicle is illegally parked and blocks the movement of a legally parked vehicle.
(s)(1)When If a vehicle, except highway maintenance or construction equipment, an authorized emergency vehicle, or a vehicle that is properly permitted or otherwise authorized by the Department of Transportation, is stopped, parked, or left standing for more than eight hours within a roadside rest area or viewpoint.
(2)Notwithstanding paragraph (1), when if a commercial motor vehicle, as defined in paragraph (1) of subdivision (b) of Section 15210, is stopped, parked, or left standing for more than 10 hours within a roadside rest area or viewpoint.
(3)For purposes of this subdivision, a roadside rest area or viewpoint is a publicly maintained vehicle parking area, adjacent to a highway, utilized for the convenient, safe stopping of a vehicle to enable motorists to rest or to view the scenery. If two or more roadside rest areas are located on opposite sides of the highway, or upon the center divider, within seven miles of each other, then that combination of rest areas is considered to be the same rest area.
(t)When If a peace officer issues a notice to appear for a violation of Section 25279.
(u)When If a peace officer issues a citation for a violation of Section 11700 11700, and the vehicle is being offered for sale.
(v)(1)When If a vehicle is a mobile billboard advertising display, as defined in Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted pursuant to subdivision (m) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile billboard advertising displays adopted pursuant to subdivision (m) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance, that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
(w)(1)When If a vehicle is parked or left standing in violation of a local ordinance or resolution adopted pursuant to subdivision (p) of Section 21100, if the registered owner of the vehicle was previously issued a warning citation for the same offense, pursuant to paragraph (2).
(2)Notwithstanding subdivision (a) of Section 22507, a city or county, in lieu of posting signs noticing a local ordinance regulating advertising signs adopted pursuant to subdivision (p) of Section 21100, may provide notice by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle as provided in paragraph (1). A city or county is not required to provide further notice for a subsequent violation prior to the enforcement of penalties for a violation of the ordinance.
All matter omitted in this version of the bill appears in the bill as amended in the Assembly January 3, 2018. (JR11)(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)The department shall include, at a minimum, both of the following requirements in regulations the department adopts relating to application requirements for the testing of autonomous vehicles on public roads without the presence of a driver inside the vehicle:
(A)The manufacturer shall certify that the local authorities within the jurisdiction where the autonomous vehicle will be tested have been provided with a written notification that includes, at a minimum, all of the following information:
(i)The specific operating domains in which an automated function or system is designed to properly operate, including, but not limited to, geographic area, roadway type, speed range, environmental conditions, such as weather and time of day, and other domain constraints.
(ii)A list of all public roads in the jurisdiction where the vehicles will be tested.
(iii)The days and times that testing will be conducted on public roads.
(iv)The number of vehicles to be tested and the types of vehicles to be tested.
(v)Contact information, including name, telephone number, address, and email, for the contact person for the manufacturer.
(B)The manufacturer shall provide law enforcement agencies in the jurisdiction where the autonomous vehicles will be tested with a copy of a law enforcement interaction plan, which instructs those agencies on how to interact with the autonomous vehicle in emergency and traffic enforcement situations. The law enforcement interaction plan shall include, at a minimum, all of the following information:
(i)How to communicate with a remote operator of the vehicle, who shall be available at all times, that the vehicle is in operation, including providing a contact telephone number for the manufacturer.
(ii)Where in the vehicle to obtain owner information, vehicle registration, and proof of insurance in the event of a collision or traffic violation involving the vehicle.
(iii)How to recognize whether the vehicle is operating in autonomous mode, and if possible, how to safely disengage the autonomous mode and remove the vehicle from the roadway.
(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.
(f)The department shall post a public notice on its Internet Web site 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.
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.(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.(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.(i)(1)If the department determines that an autonomous vehicle is being operated in violation of this division, the department shall revoke the registration for that vehicle.(2)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may cause the removal and seizure of a vehicle found to be operating on public streets with a registration revoked pursuant to this subdivision in accordance with Chapter 10 (commencing with Section 22650) of Division 11.(3)A manufacturer or operator found by the department to be in violation of this division shall not be eligible to apply to the department to operate an autonomous vehicle pursuant to this division for a period of two years from the date of the violation.(4)A violation of this section is not an infraction pursuant to Section 4000.1. The department may impose a penalty of up to twenty-five thousand dollars ($25,000) per day for each autonomous vehicle a manufacturer of an operator operates in violation of this division.(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.
(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.
(i)(1)If the department determines that an autonomous vehicle is being operated in violation of this division, the department shall revoke the registration for that vehicle.
(2)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may cause the removal and seizure of a vehicle found to be operating on public streets with a registration revoked pursuant to this subdivision in accordance with Chapter 10 (commencing with Section 22650) of Division 11.
(3)A manufacturer or operator found by the department to be in violation of this division shall not be eligible to apply to the department to operate an autonomous vehicle pursuant to this division for a period of two years from the date of the violation.
(4)A violation of this section is not an infraction pursuant to Section 4000.1. The department may impose a penalty of up to twenty-five thousand dollars ($25,000) per day for each autonomous vehicle a manufacturer of an operator operates in violation of this division.
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Date
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Status
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| Sep 22, 2018 | Chaptered by Secretary of State - Chapter 667, Statutes of 2018. |
| Sep 22, 2018 | Approved by the Governor. |
| Sep 4, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 27, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2018 | Joint Rule 62(a), file notice suspended. |
| Aug 16, 2018 | Re-referred to Com. on TRANS. pursuant to Assembly Rule 77.2. |
| Aug 14, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77. |
| Aug 13, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Aug 6, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 12, 2018 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 12. Noes 0.) (June 12). Re-referred to Com. on PUB. S. |
| Jun 4, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| Apr 19, 2018 | Referred to Coms. on T. & H. and PUB. S. |
| Jan 29, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| Jan 22, 2018 | Read second time. Ordered to third reading. |
| Jan 18, 2018 | From committee: Do pass. (Ayes 12. Noes 5.) (January 18). |
| Jan 11, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 4.) (January 11). Re-referred to Com. on APPR. |
| Jan 9, 2018 | From committee: Do pass and re-refer to Com. on C. & C. (Ayes 9. Noes 4.) (January 8). Re-referred to Com. on C. & C. |
| Jan 4, 2018 | Re-referred to Com. on TRANS. |
| Jan 3, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 20, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 19, 2017 | Referred to Coms. on TRANS. and C. & C. |
| Jan 6, 2017 | From printer. May be heard in committee February 5. |
| Jan 5, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2018 | AB 87 TING Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2018 | With recommendation: That Senate amendments be concurred in. | Assembly Standing Committee on Transportation |
Passed |
|
| Aug 13, 2018 | Assembly 3rd Reading AB87 Ting et al. By Allen | Senate Floor |
Passed |
|
| Jun 26, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| Jun 12, 2018 | Do pass, but first be re-referred to the Committee on [Public Safety] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| Jan 29, 2018 | AB 87 TING Assembly Third Reading | Assembly Floor |
Passed |
|
| Jan 18, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jan 11, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Communications and Conveyance |
Passed |
|
| Jan 8, 2018 | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of Global Automakers (Aga) | * Against | Jan 11, 2018 |
| Auto Club in Southern California | * Support | Jun 12, 2018 |
| California Police Chiefs Association | * Support | Aug 23, 2018 |
| California Association Of Highway Patrolmen | ** Support | Aug 8, 2018 |
| California Chamber Of Commerce | * Against | Jan 11, 2018 |
| City and County of San Francisco | ** Support | Jan 10, 2018 |
| City Of Los Angeles | * Support | Jun 12, 2018 |
| CompTIA | ** Against | Jan 10, 2018 |
| Computing Technology Industry Association | * Against | Jan 8, 2018 |
| Consumer Attorneys | ** Support | Aug 8, 2018 |
| Consumer Federation Of California | * Support | Jan 11, 2018 |
| Consumer Watchdog | ** Support | Jan 10, 2018 |
| Consumers Auto Reliability and Safety | * Support | Jan 11, 2018 |
| Consumers For Auto Reliability And Safety | ** Support | Aug 8, 2018 |
| CTIA | ** Against | Jan 10, 2018 |
| Global Automakers | * Support | Aug 23, 2018 |
| Internet Association | ** Against | Jan 10, 2018 |
| San Francisco Bicycle Coalition | ** Support | Jan 10, 2018 |
| Technet | * Support | Aug 23, 2018 |
| Walk San Francisco | ** Support | Jan 10, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 87
Author:(Ting and Frazier)
As Amended Ver:August 6, 2018
Majority vote
ASSEMBLY: | 45-27 | (January 29, 2018) | SENATE: | 37-0 | (August 13, 2018) |
(vote not relevant)
COMMITTEE VOTE: | 13-0 | (August 23, 2018) | RECOMMENDATION: | concur |
Transportation
Original Committee Reference: TRANS.
SUMMARY: Allows a peace officer or an employee engaged in enforcing traffic or parking laws to remove a vehicle operating using autonomous technology without an approved application or permit that is required to test, deploy or otherwise operate the autonomous vehicle (AV) on public roads.
The Senate amendments delete the Assembly version of the bill and instead:
- Allow a peace officer or an employee engaged in enforcing traffic or parking laws to remove a vehicle operating using autonomous technology without an approved application or permit that is required to test, deploy or otherwise operate the autonomous vehicle on public roads.
- Prohibit a peace officer from stopping a vehicle for the sole purpose of determining whether the vehicle is operating without an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
- Allow the registered owner of or person in control of the autonomous vehicle, who furnishes the impounding agency with proof of an approved testing or deployment permit, to remove the vehicle from impoundment.
- Define "autonomous technology" to mean technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.
- Define "autonomous vehicle" to mean any vehicle equipped with autonomous technology that has been integrated into that vehicle.
- Allow the registered owner or person in control of the AV to have the vehicle released to them if they either show proof of a permit to operate an AV or sign a sworn statement to DMV that states the AV will not be operated using autonomous technology without first obtaining a valid permit.
AS PASSED BY THE ASSEMBLY, this bill required the Department of Motor Vehicles (DMV) to include specific proposed requirements related to the testing of driverless autonomous vehicles in its adopted autonomous vehicle regulations.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state cost.
COMMENTS: According to the Author, "Autonomous vehicles can create new opportunities for disabled, elderly, and low-income people to be mobile. While this exciting technology has the potential to transform transportation, public safety should be the first priority. For the safe deployment of autonomous vehicles, it is essential that law enforcement has the tools to remove illegally operating autonomous vehicles from public roads. This bill gives law enforcement the authority to impound an autonomous vehicle operating without a valid permit and to hold onto that vehicle until a valid permit or certificate of planned non-operation is furnished."
Background: In December 2016, Uber was found testing unpermitted AVs in the City of San Francisco. Due to the lack of clarity in the law, San Francisco Police Department was unable to impound the vehicles. In response, DMV revoked the vehicle registration of Uber's AVs, though the vehicles themselves had no problems.
In response, Uber released a press statement at the time stating that "we cannot in good conscience sign up for regulation for something we are not doing," and later had a truck pick up its 16 autonomous vehicles from San Francisco and move them to Arizona for testing, citing a friendlier regulatory environment. In March 2017 Uber obtained a permit to test their vehicles in California, and began to legally operate the vehicles in San Francisco.
In March 2018 an Uber vehicle operating in autonomous mode struck and killed a pedestrian in Arizona. After the accident, Uber did not renew its permit to test in California.
What is Required Under a Driverless Testing Permit? DMV regulations authorizing AV manufacturers to test and deploy driverless AVs on public roads took effect on April 2, 2018. In order to incentivize testing of these vehicles, DMV prohibits AV companies from receiving compensation while in the testing phase, while allowing AV companies to receive compensation after they receive a deployment permit.
In order to test a driverless AV, the manufacturer must first have tested the AV under controlled conditions that simulate, as close as practicable, each operational design domain in which the manufacturer intends the vehicle to operate on public roads and the manufacturer has reasonably determined that it is safe to operate the vehicles in each operational design domain. The manufacturer must provide local authorities with a written notification of the operational design domain of the test vehicles, when and where the testing will begin, and contact information.
The manufacturer must develop a law enforcement interaction plan including what information they will make available to first responders. The interaction plan must include: a) how to communicate with a remote operator, b) Where vehicle registration and proof of insurance is located in the vehicle, c) How to safely remove the vehicle from the roadway; and, d) how to recognize is the vehicle is in autonomous mode and how to disengage autonomous mode. The plan must be provided to local officials and DMV.
DMV regulations also require AVs to have a data recorder that can record accidents 30 seconds after an accident occurs. Manufacturers must report AV collisions to DMV within 10 days. In addition, AV manufacturers must provide disengagement reports to DMV yearly. Further, a manufacturer is required to continuously monitor the status of the vehicle with a two-way communication link while the test vehicle is operated without a driver.
Committee Comments: AVs have the potential to be lethal. Without a DMV permit, law enforcement and other first responders would not know where these vehicles are being tested, what they are capable of, and no one would certify whether they have been tested in private settings before being tested on public roads.
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0004795
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 87
Author:(Ting and Frazier)
As Amended Ver:August 6, 2018
Majority vote
ASSEMBLY: | 45-27 | (January 29, 2018) | SENATE: | 37-0 | (August 13, 2018) |
Original Committee Reference: TRANS.
SUMMARY: Allows a peace officer or an employee engaged in enforcing traffic or parking laws to remove a vehicle operating using autonomous technology without an approved application or permit that is required to test, deploy or otherwise operate the autonomous vehicle (AV) on public roads.
The Senate amendments delete the Assembly version of this bill and instead:
- Allow a peace officer or an employee engaged in enforcing traffic or parking laws to remove a vehicle operating using autonomous technology without an approved application or permit that is required to test, deploy or otherwise operate the autonomous vehicle on public roads.
- Prohibit a peace officer from stopping a vehicle for the sole purpose of determining whether the vehicle is operating without an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
- Allow the registered owner of or person in control of the autonomous vehicle, who furnishes the impounding agency with proof of an approved testing or deployment permit, to remove the vehicle from impoundment.
- Define "autonomous technology" to mean technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.
- Define "autonomous vehicle" to mean any vehicle equipped with autonomous technology that has been integrated into that vehicle.
- Allow the registered owner or person in control of the AV to have the vehicle released to them if they either show proof of a permit to operate an AV or sign a sworn statement to DMV that states the AV will not be operated using autonomous technology without first obtaining a valid permit.
AS PASSED BY THE ASSEMBLY, this bill required the Department of Motor Vehicles (DMV) to include specific proposed requirements related to the testing of driverless autonomous vehicles in its adopted autonomous vehicle regulations.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state cost.
COMMENTS: According to the Author, "Autonomous vehicles can create new opportunities for disabled, elderly, and low-income people to be mobile. While this exciting technology has the potential to transform transportation, public safety should be the first priority. For the safe deployment of autonomous vehicles, it is essential that law enforcement has the tools to remove illegally operating autonomous vehicles from public roads. This bill gives law enforcement the authority to impound an autonomous vehicle operating without a valid permit and to hold onto that vehicle until a valid permit or certificate of planned non-operation is furnished."
Background: In December 2016, Uber was found testing unpermitted AVs in the City of San Francisco. Due to the lack of clarity in the law, San Francisco Police Department was unable to impound the vehicles. In response, DMV revoked the vehicle registration of Uber’s AVs, though the vehicles themselves had no problems.
In response, Uber released a press statement at the time stating that "we cannot in good conscience sign up for regulation for something we are not doing," and later had a truck pick up its 16 autonomous vehicles from San Francisco and move them to Arizona for testing, citing a friendlier regulatory environment. In March 2017, Uber obtained a permit to test their vehicles in California, and began to legally operate the vehicles in San Francisco.
In March 2018, an Uber vehicle operating in autonomous mode struck and killed a pedestrian in Arizona. After the accident, Uber did not renew its permit to test in California.
What is Required Under a Driverless Testing Permit? DMV regulations authorizing AV manufacturers to test and deploy driverless AVs on public roads took effect on April 2, 2018. In order to incentivize testing of these vehicles, DMV prohibits AV companies from receiving compensation while in the testing phase, while allowing AV companies to receive compensation after they receive a deployment permit.
In order to test a driverless AV, the manufacturer must first have tested the AV under controlled conditions that simulate, as close as practicable, each operational design domain in which the manufacturer intends the vehicle to operate on public roads and the manufacturer has reasonably determined that it is safe to operate the vehicles in each operational design domain. The manufacturer must provide local authorities with a written notification of the operational design domain of the test vehicles, when and where the testing will begin, and contact information.
The manufacturer must develop a law enforcement interaction plan including what information they will make available to first responders. The interaction plan must include: 1) how to communicate with a remote operator, 2) Where vehicle registration and proof of insurance is located in the vehicle, 3) How to safely remove the vehicle from the roadway; and, 4) how to recognize is the vehicle is in autonomous mode and how to disengage autonomous mode. The plan must be provided to local officials and DMV.
DMV regulations also require AVs to have a data recorder that can record accidents 30 seconds after an accident occurs. Manufacturers must report AV collisions to DMV within 10 days. In addition, AV manufacturers must provide disengagement reports to DMV yearly. Further, a manufacturer is required to continuously monitor the status of the vehicle with a two-way communication link while the test vehicle is operated without a driver.
Committee Comments: AVs have the potential to be lethal. Without a DMV permit, law enforcement and other first responders would not know where these vehicles are being tested, what they are capable of, and no one would certify whether they have been tested in private settings before being tested on public roads.
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093 FN: 0003832
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 87
Amended: 8/6/18 in Senate
SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/12/18
AYES: Beall, Cannella, Allen, Dodd, Gaines, Galgiani, McGuire, Roth, Skinner, Vidak, Wieckowski, Wiener
NO VOTE RECORDED: Morrell
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/26/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 45-27, 1/29/18 - See last page for vote
DIGEST:
This bill authorizes police to impound an autonomous vehicle that is operating without a valid permit, and provides specified options for the vehicles to be released back to their owners.
Existing law:
- Authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found or operated upon a highway, public land, or an off-street parking facility, under specified circumstances.
- Requires the release of these removed vehicles to the owner or person in control of the vehicle only after the owner or person provides the storing law enforcement agency with proof of current registration and a valid driver’s license, with some specified exemptions.
- Authorizes the operation of autonomous vehicles on public roads for testing and non-testing purposes under certain circumstances subject to regulations adopted by the Department of Motor Vehicles (DMV), as specified.
- Defines autonomous technology as technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.
This bill:
- Authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found operating upon a highway, public land, or an offstreet parking facility using autonomous technology without a valid permit that is required to operate the vehicle on public roads.
- Specifies that this does not provide the authority to stop an autonomous vehicle for the sole purpose of determining whether the vehicle is operating using autonomous technology without a valid permit.
- Requires that the vehicle be released to the registered owner or person in control of the autonomous vehicle, only if the owner or person provides proof of current registration and a valid driver’s license, if required to operate the autonomous vehicle, and either of the following:
- Proof of a valid permit required to operate the autonomous vehicle on public roads.
- A declaration or sworn statement to the DMV that states that the autonomous vehicle will not be operated using autonomous technology upon public roads without first obtaining a valid permit.
Comments
- Purpose. According to the author, autonomous vehicles can create new opportunities for disabled, elderly, and low-income people to be mobile. While this exciting technology has the potential to transform transportation, public safety should be the first priority. For the safe deployment of autonomous vehicles, it is essential that law enforcement has the tools to remove illegally operating autonomous vehicles from public roads. This bill gives law enforcement the authority to impound an autonomous vehicle operating without a valid permit and to hold onto that vehicle until a valid permit or certificate of planned non-operation is furnished.
- DMV’s Autonomous Vehicle Permits. All AVs require a permit to operate in the state. In 2012, SB 1298 (Padilla, chapter 570, Statutes of 2012) established conditions for the operation of AVs in California. In 2014, the DMV adopted regulations for the testing of AVs requiring a test driver and established an application and approval process for a testing permit. As of this date, there are 54 manufacturers that have this permit and are able to test on public roads in the state. In early 2018, the DMV adopted regulations for testing AVs without a driver and for deployment (e.g., the sale, lease, or providing rides for a fee) of AVs in the state. DMV began accepting applications for these permits on April 1, 2018. No manufacturers have obtained either of these permits to date.
- Manufacturers Operating Without Permits. In December 2016, Uber was found testing unpermitted AVs in the City of San Francisco.[1] Due to the lack of clarity in the law, San Francisco Police Department was unable to impound the vehicles. In response, the DMV revoked the vehicle registration of Uber’s AVs, though the vehicles themselves had no problems. This bill gives law enforcement the authority to impound AVs that are operating in the state and are found to have no testing or deployment permit.
- Definition of Autonomous. The Society for Automotive Engineers International (SAE) has developed a framework to define increasing levels of driving automation:[2]
- Level 1: Automated system on the vehicle can assist the human driver with one part of driving (e.g., automatic brakes).
- Level 2: Automated system can handle both steering and braking/accelerating in some circumstances (e.g., adaptive cruise control), but the driver must be engaged at all times and do the rest of the driving.
- Level 3: Automated system can do all of the driving, in some circumstances. However, the driver must be able to take control when prompted by the system.
- Level 4: Automated system can do all of the driving, in some circumstances. The driver or passenger does not need to pay attention.
- Level 5: Automated system can do all of the driving under all circumstances.
DMV regulations define a vehicle as autonomous, and thus in need of a permit to operate, if it achieves at least Level 3 automation. This means that vehicles with Level 2 or partial automotive technology, such as any driver-assistance feature, like Tesla Autopilot, do not have to have a permit to operate. The difference between a Level 2 and Level 3 vehicle may become blurred in future years, as more vehicles have the technology to operate in some form of “autonomous mode”. There is a question of how law enforcement will be able to determine if a vehicle has the level of autonomous technology, such that it requires a permit and would be in violation of operating without one.
- Checks and Balances. This bill provides law enforcement with the authority to impound any unpermitted AVs in the state until the manufacturer provides a valid permit from the DMV or a sworn statement to the DMV that they won’t operate the AV until a valid permit is obtained. This will hopefully serve as a deterrent for those who may try to circumvent the DMV’s permitting process and ensure that all AVs operating in the state are permitted. However, the bill also specifies that law enforcement officials cannot pull over AVs just to check if it’s operating using autonomous technology without a permit. Law enforcement officials can check for a valid permit only in the event that they are already interacting with the vehicle (e.g., if it breaks a traffic law).
Related/Prior Legislation
SB 1298 (Padilla, Chapter 570, Statutes of 2012) established conditions for the operation of autonomous vehicles upon public roadways.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Highway Patrolmen
California Police Chiefs Association
Consumer Attorneys
Consumers for Auto Reliability and Safety
None received
ASSEMBLY FLOOR: 45-27, 1/29/18
AYES: Aguiar-Curry, Berman, Bloom, Bonta, Caballero, Calderon, Carrillo, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Grayson, Holden, Jones-Sawyer, Kalra, Levine, Limón, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Arambula, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Salas, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Burke, Gray, Irwin, Muratsuchi, Rubio
8/8/18 10:50:52
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 87 Hearing Date: June 26, 2018
Author: | Ting | ||
Version: | June 4, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Vehicles: Removal: Autonomous Vehicles
HISTORY
Source: Author
Prior Legislation: SB 1298 (Padilla), Ch. 570, Stats. of 2012
Support: Amalgamated Transit Union; Automobile Club of Southern California; California Police Chiefs Association; California Teamsters Public Affairs Council;
Opposition: None known
Assembly Floor Vote: Not relevant
PURPOSE
The purpose of this bill is to allow law enforcement officials to remove and hold a vehicle that is operating in autonomous mode without an approved application or permit that is required to test, deploy, or otherwise operate the autonomous vehicle (AV) on public roads.
Existing law provides the right of the people of the United States to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (U. S. Const. amend. IV)
Existing law authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found or operated upon a highway, public land, or an off-street parking facility, under specified circumstances. (Cal. Veh. Code § 22651)
Existing law requires the release of these removed vehicles to the owner or person in control of the vehicle only after the owner or person provides the storing law enforcement agency with proof of current registration and a valid driver’s license, with some specified exemptions. (Cal. Veh. Code § 22650, et. seq.)
Existing law authorizes the operation of autonomous vehicles on public roads for testing and non-testing purposes under certain circumstances subject to regulations adopted by the Department of Motor Vehicles (DMV), as specified. (Cal. Veh. Code § 38750)
Existing law defines autonomous technology as technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. (Cal. Veh. Code § 38750)
This bill authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is operating upon a highway, public land, or an off-street parking facility that is using autonomous technology without an approved application or permit that is required to test, deploy, or otherwise operate the autonomous vehicle on public roads
This bill specifies that this does not provide the authority to stop an autonomous vehicle for the sole purpose of determining whether the vehicle is operating without a permit.
This bill requires that the vehicle be released to the registered owner or driver only if the owner or driver provides proof of an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
COMMENTS
- Need for This Bill
According to the author:
Autonomous vehicles can create new opportunities for disabled, elderly, and low-income people to be mobile. While this exciting technology has the potential to transform transportation, public safety should be the first priority. For the safe deployment of autonomous vehicles, it is essential that law enforcement has the tools to remove illegally operating autonomous vehicles from public roads. This bill gives law enforcement the authority to impound an autonomous vehicle operating without a valid permit and to hold onto that vehicle until a valid permit or certificate of planned non-operation is furnished.
- This Bill Specifies that a Vehicle May Not Be Stopped For the Purpose of Checking if the AV is Permitted
This bill provides law enforcement with the authority to impound any unpermitted AVs in the state until manufacturer provides a valid permit from the DMV. There is some concern that this bill will make AVs subject to surprise impounding (e.g., impounded if the AV has a recently expired permit) and difficult to get back. However, the bill specifies that law enforcement officials cannot pull over AVs just to check for a permit. Law enforcement officials can check for a permit only in the event that they are already interacting with the vehicle (e.g., if it breaks a traffic law). These provisions comply with Fourth Amendment standards that prohibit unreasonable stops, searches, and seizures. Also, there is the general expectation that manufacturers and owners of AVs should be keeping their operating AVs under permit. This bill will hopefully serve as a deterrent for those who may try to circumvent the DMV’s permitting process and ensure that all AVs operating in the state are permitted.
- DMV Requires Autonomous Vehicle Permits Under Existing Law
All AVs require a permit to operate in the state. In 2012, SB 1298 (Padilla) established conditions for the operation of AVs in California. In 2014, the DMV adopted regulations for the testing of AVs requiring a test driver and established an application and approval process for a testing permit. As of this date, there are 54 manufacturers that have this permit and are able to test on public roads in the state. In early 2018, the DMV adopted regulations for testing AVs without a driver and for deployment (e.g., the sale, lease, or providing rides for a fee) of AVs in the state. DMV began accepting applications for these permits on April 1, 2018. No manufacturers have obtained either permit to date.
- AVs Operating Without Permits Cannot be Impounded
In December 2016, Uber was found testing unpermitted AVs in the City of San Francisco.[1] Due to the lack of clarity in the law, San Francisco Police Department was unable to impound the vehicles. In response, the DMV revoked the vehicle registration of Uber’s AVs, though the vehicles themselves had no problems. This bill would give law enforcement the authority to impound AVs that are operating in the state and are found to have no testing or deployment permit.
- What is an Autonomous Vehicle?
The Society for Automotive Engineers International (SAE) has developed a framework to define increasing levels of driving automation:[2]
- Level 1: Automated system on the vehicle can assist the human driver with one part of driving (e.g., automatic brakes).
- Level 2: Automated system can handle both steering and braking/accelerating in some circumstances (e.g., adaptive cruise control), but the driver must be engaged at all times and do the rest of the driving.
- Level 3: Automated system can do all of the driving, in some circumstances. However, the driver must be able to take control when prompted by the system.
- Level 4: Automated system can do all of the driving, in some circumstances. The driver or passenger does not need to pay attention.
- Level 5: Automated system can do all of the driving under all circumstances.
DMV regulations define a vehicle as autonomous, and thus in need of a permit to operate, if it achieves at least Level 3. This means that vehicles with Level 2 or partial automotive technology, such as any driver-assistance feature, like Tesla Autopilot, do not have to have a permit to operate. The difference between a Level 2 and Level 3 vehicle may become blurred in future years, as more vehicles have the technology to operate in some form of “autonomous mode”. There is a question of how law enforcement will be able to determine if a vehicle has the level of autonomous technology, such that it requires a permit and would be in violation of operating without one.
-- END –
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 6/12/2018
Author: | Ting | ||
Version: | 6/4/2018 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Jeffery Song | ||
SUBJECT:
DIGEST: This bill allows law enforcement officials to remove and hold a vehicle that is operating in autonomous mode without an approved application or permit that is required to test, deploy, or otherwise operate the autonomous vehicle (AV) on public roads.
ANALYSIS:
Existing law:
- Authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is found or operated upon a highway, public land, or an off-street parking facility, under specified circumstances.
- Requires the release of these removed vehicles to the owner or person in control of the vehicle only after the owner or person provides the storing law enforcement agency with proof of current registration and a valid driver’s license, with some specified exemptions.
- Authorizes the operation of autonomous vehicles on public roads for testing and non-testing purposes under certain circumstances subject to regulations adopted by the Department of Motor Vehicles (DMV), as specified.
- Defines autonomous technology as technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator.
This bill:
- Authorizes a peace officer or other specified public employees to remove a vehicle if the vehicle is operating upon a highway, public land, or an offstreet parking facility that is using autonomous technology without an approved application or permit that is required to test, deploy, or otherwise operate the autonomous vehicle on public roads
- Specifies that this does not provide the authority to stop an autonomous vehicle for the sole purpose of determining whether the vehicle is operating without a permit.
- Requires that the vehicle be released to the registered owner or driver only if the owner or driver provides proof of an approved application or permit required to test, deploy, or otherwise operate the autonomous vehicle on public roads.
COMMENTS
- Purpose. According to the author, autonomous vehicles can create new opportunities for disabled, elderly, and low-income people to be mobile. While this exciting technology has the potential to transform transportation, public safety should be the first priority. For the safe deployment of autonomous vehicles, it is essential that law enforcement has the tools to remove illegally operating autonomous vehicles from public roads. This bill gives law enforcement the authority to impound an autonomous vehicle operating without a valid permit and to hold onto that vehicle until a valid permit or certificate of planned non-operation is furnished.
- DMV’s Autonomous Vehicle Permits. All AVs require a permit to operate in the state. In 2012, SB 1298 (Padilla) established conditions for the operation of AVs in California. In 2014, the DMV adopted regulations for the testing of AVs requiring a test driver and established an application and approval process for a testing permit. As of this date, there are 54 manufacturers that have this permit and are able to test on public roads in the state. In early 2018, the DMV adopted regulations for testing AVs without a driver and for deployment (e.g., the sale, lease, or providing rides for a fee) of AVs in the state. DMV began accepting applications for these permits on April 1, 2018. No manufacturers have obtained either permit to date.
- Manufacturers Operating Without Permits. In December 2016, Uber was found testing unpermitted AVs in the City of San Francisco.[1] Due to the lack of clarity in the law, San Francisco Police Department was unable to impound the vehicles. In response, the DMV revoked the vehicle registration of Uber’s AVs, though the vehicles themselves had no problems. This bill would give law enforcement the authority to impound AVs that are operating in the state and are found to have no testing or deployment permit.
- Definition of Autonomous. The Society for Automotive Engineers International (SAE) has developed a framework to define increasing levels of driving automation:[2]
- Level 1: Automated system on the vehicle can assist the human driver with one part of driving (e.g., automatic brakes).
- Level 2: Automated system can handle both steering and braking/accelerating in some circumstances (e.g., adaptive cruise control), but the driver must be engaged at all times and do the rest of the driving.
- Level 3: Automated system can do all of the driving, in some circumstances. However, the driver must be able to take control when prompted by the system.
- Level 4: Automated system can do all of the driving, in some circumstances. The driver or passenger does not need to pay attention.
- Level 5: Automated system can do all of the driving under all circumstances.
DMV regulations define a vehicle as autonomous, and thus in need of a permit to operate, if it achieves at least Level 3. This means that vehicles with Level 2 or partial automotive technology, such as any driver-assistance feature, like Tesla Autopilot, do not have to have a permit to operate. The difference between a Level 2 and Level 3 vehicle may become blurred in future years, as more vehicles have the technology to operate in some form of “autonomous mode”. There is a question of how law enforcement will be able to determine if a vehicle has the level of autonomous technology, such that it requires a permit and would be in violation of operating without one.
- Checks and Balances. This bill provides law enforcement with the authority to impound any unpermitted AVs in the state until manufacturer provides a valid permit from the DMV. There is some concern that this bill will make AVs subject to surprise impounding (e.g., impounded if the AV has a recently expired permit) and difficult to get back. However, the bill specifies that law enforcement officials cannot pull over AVs just to check for a permit. Law enforcement officials can check for a permit only in the event that they are already interacting with the vehicle (e.g., if it breaks a traffic law). Also, there is the general expectation that manufacturers and owners of AVs should be keeping their operating AVs under permit. This bill will hopefully serve as a deterrent for those who may try to circumvent the DMV’s permitting process and ensure that all AVs operating in the state are permitted.
- Double Referral. This bill is also referred to the Senate Public Safety committee.
Related Legislation:
SB 1298 (Padilla, Chapter 570, Statutes of 2012) — established conditions for the operation of autonomous vehicles upon public roadways.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 6, 2018.)
SUPPORT:
California Police Chiefs Association
Consumer Attorneys
OPPOSITION:
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 87
Author:(Ting)
As Amended Ver:January 3, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Transportation | 9-4 | Frazier, Aguiar-Curry, Berman, Chu, Daly, Friedman, Medina, Nazarian, O'Donnell | Fong, Baker, Harper, Mathis |
Communications | 9-4 | Santiago, Bonta, Cervantes, Eduardo Garcia, Holden, Low, O'Donnell, Quirk-Silva, Rodriguez | Lackey, Maienschein, Mathis, Voepel |
Appropriations | 12-5 | Gonzalez Fletcher, Bloom, Bonta, Calderon, Carrillo, Chau, Eggman, Friedman, Eduardo Garcia, Jones-Sawyer, Quirk, Reyes | Bigelow, Brough, Fong, Gallagher, Obernolte |
SUMMARY: Requires the Department of Motor Vehicles (DMV) to include specific proposed requirements related to the testing of driverless autonomous vehicles in its adopted autonomous vehicle regulations. Specifically, relating to application requirements for the testing of autonomous vehicles on public roads without a driver in the vehicle, this bill requires the manufacturer of the vehicle to:
- Certify that it has provided, at a minimum, the following information in writing to the local authorities for the jurisdiction where the testing will take place:
- The specific bounds within which the vehicle is designed to properly operate, such as geographical area, roadway type, speed range, environmental conditions, weather, and time of day.
- A list of all public roads in the jurisdiction upon which the vehicle will be tested.
- The number and types of vehicles to be tested.
- Contact information for the manufacturer's representative.
- Provide law enforcement agencies in the testing jurisdiction a copy of a "law enforcement interaction plan" instructing the agencies on how to interact with the autonomous vehicle in emergency and traffic enforcement situations. The plan must include, at a minimum:
- How to communicate with the remote operator of the vehicle at all times during the vehicle's operation.
- Where in the vehicle to obtain owner information, vehicle registration, and proof of insurance in the event of a collision or traffic violation.
- How to recognize whether the vehicle is operating in autonomous mode.
- How to safely disengage the autonomous mode and remove the vehicle from the roadway if necessary.
EXISTING LAW:
- Authorizes the operation of autonomous vehicles on public roads for testing purposes under certain circumstances specified in regulations adopted by DMV.
- 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.
- Requires DMV to approve an application submitted by a manufacturer for the operation of autonomous vehicles for non-testing purposes if DMV finds that the applicant has submitted all information and completed testing necessary to satisfy DMV that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in DMV regulations.
- Authorizes DMV to impose additional requirements it deems necessary to ensure the safe operation of autonomous vehicles if those vehicles are capable of operating without the presence of a driver inside the vehicle.
FISCAL EFFECT: According to the Assembly Appropriations Committee, negligible fiscal effect because this bill codifies a portion of the currently proposed DMV regulations.
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 initiated the 45-day public comment period for the proposed deployment regulations in March 2017.
Requirements on entities seeking a testing permit under the DMV regulations are minimal. To obtain a permit, an entity must submit an application including the make, model, model year, vehicle identification number, and license plate number and state of issuance of every autonomous vehicle to be operated as well as the name of every employee authorized to act as an operator. An autonomous vehicle's registration with DMV must include a certificate of ownership from the vehicle manufacturer, a written description of the vehicles autonomous features, and a brake and light adjustment certificate and emissions certificate issued by the California Bureau of Automotive Repair. A permit costs $150 and authorizes up to 10 autonomous vehicles and 20 operators. Entities testing autonomous vehicles under the program are required to report any accident resulting in property damage or bodily injury, and must submit an annual report summarizing every instance of the entities' vehicles' autonomous technology disengaging, which includes the total number of miles each vehicles has driven in autonomous mode.
In recent amendments to its regulations, DMV is proposing to change its regulations to explicitly address the requirements necessary for manufacturers to test autonomous vehicles with a driver neither behind the wheel nor present in the vehicle. The proposed amendments to the regulations include requirements similar to those contained in this bill related to notification of local authorities and law enforcement of the testing of driverless autonomous vehicles. This bill requires DMV to retain this aspect of its proposed regulations to ensure that local governments are made aware of what testing is occurring within their jurisdictions.
Committee concerns: It is unclear why this bill is necessary, as DMV is proposing to include in their regulations the requirements in this bill. While the requirements in this bill seem reasonable, there doesn't appear to be any opposition to the proposal in DMV's regulations and therefore placing the requirements in statute is not needed. Codifying existing regulations in statute, however, can reduce the state's ability to be responsive to societal and technological changes, potentially slowing innovation and stifling the state's economy.
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093 FN: 0002542
Date of Hearing: January 18, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 87
Author:(Ting) – As Amended Ver:January 3, 2018
Policy Committee: | Transportation | Vote: | 9 - 4 |
Communications and Conveyance | Vote: | 9 - 4 | |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Motor Vehicles (DMV) to include specific proposed requirements related to the testing of driverless autonomous vehicles (AVs) in its adopted regulations relating to application requirements for the testing of AVs on public roads without a driver in the vehicle. Specifically, this bill requires the manufacturer of the vehicle to:
- Certify it has provided certain information in writing to the local authorities for the jurisdiction where the testing will take place.
- Provide law enforcement agencies in the testing jurisdiction a copy of a “law enforcement interaction plan” instructing the agencies on how to interact with the AV in emergency and traffic enforcement situations. This bill specifies certain features required in the plans.
FISCAL EFFECT:
Negligible fiscal effect because this bill codifies a portion of the currently proposed DMV regulations.
COMMENTS:
- Background. 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 AVs 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 AVs and regulations for the full deployment of AVs 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 initiated the 45-day public comment period for the proposed deployment regulations in March 2017.
- Purpose. According to the author, “The DMV has proposed regulations that will allow driverless AVs, without a back-up human driver, to be tested on our public roadways. As part of these proposed regulations, the testing companies would be required to provide the local government with notice and a plan for local law enforcement to interact with the AVs in cases of emergencies or traffic stops. These public safety provisions are critical to maintain public confidence and encourage these innovations to continue. AB 87 requires basic public safety elements be included in the DMV regulations to allow safe interaction between driverless AVs, human-driven vehicles, pedestrians, and bicyclists.”
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: January 11, 2018
ASSEMBLY COMMITTEE ON COMMUNICATIONS AND CONVEYANCE
Miguel Santiago, Chair
ABPCA Bill Id:AB 87 (
Author:Ting) – As Amended Ver:January 3, 2018
SUBJECT: Autonomous vehicles
SUMMARY: Requires the Department of Motor Vehicles (DMV) to include specified requirements in regulations it adopts for the testing of Autonomous Vehicles (AV) on public roads without the presence of a driver inside the vehicle. Specifically, this bill:
- Requires the DMV to include, at a minimum, both of the following requirements in regulations it adopts relating to application requirements for the testing of AVs on public roads without the presence of a driver inside the vehicle:
- The manufacturer shall certify that the local authorities within the jurisdiction where the AV will be tested have been provided with a written notification that includes, at a minimum, all of the following information:
- The specific operating domains in which an automated function or system is designed to properly operate, including, but not limited to, geographic area, roadway type, speed range, environmental conditions, such as weather and time of day, and other domain constraints;
- A list of all public roads in the jurisdiction where the vehicles will be tested;
- The days and times that testing will be conducted on public roads;
- The number of vehicles to be tested and the types of vehicles to be tested; and,
- Contact information, including name, telephone number, address, and email, for the contact person for the manufacturer.
- The manufacturer shall provide law enforcement agencies in the jurisdiction where the AVs will be tested with a copy of a law enforcement interaction plan, which instructs those agencies on how to interact with the AV in emergency and traffic enforcement situations. The law enforcement interaction plan shall include, at a minimum, all of the following information:
- How to communicate with a remote operator of the vehicle, who shall be available at all times, that the vehicle is in operation, including providing a contact telephone number for the manufacturer;
- Where in the vehicle to obtain owner information, vehicle registration, and proof of insurance in the event of a collision or traffic violation involving the vehicle; and,
- How to recognize whether the vehicle is operating in autonomous mode, and if possible, how to safely disengage the autonomous mode and remove the vehicle from the roadway.
- The manufacturer shall certify that the local authorities within the jurisdiction where the AV will be tested have been provided with a written notification that includes, at a minimum, all of the following information:
EXISTING LAW:
- Authorizes the DMV to suspend, cancel, or revoke the registration of a vehicle or a certificate of ownership, registration card, license plate, or permit under specified circumstances, including when the DMV determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways. (Vehicle Code (VEH) Section 8800)
- Defines “autonomous vehicle” to mean any vehicle equipped with autonomous technology that has been integrated into that vehicle. Specifies that an AV 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. (VEH Section 38750)
- Authorizes an AV to operate 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 met. (VEH Section 38750)
- Prohibits an AV from operating on public roads until the manufacturer submits an application to the DMV, and that application is approved by the DMV pursuant to the specified regulations adopted by the DMV. (VEH Section 38750)
- Requires the DMV, as soon as practicable, but no later than January 1, 2015, to adopt regulations setting forth requirements for the specified submission of evidence of insurance, surety bond, or self-insurance, and the submission and approval of an application to operate a specified AV. (VEH Section 38750)
- Requires the DMV’s AV regulations to include any testing, equipment, and performance standards, in addition to those established, as specified, that the DMV concludes are necessary to ensure the safe operation of AVs on public roads, with or without the presence of a driver inside the vehicle. (VEH Section 38750)
- Requires the application submitted to the DMV for the operation of AVs on public roads for non-testing purposes to include a certification from the manufacturer that the vehicle allows 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. (VEH Section 38750)
- Requires the DMV to approve an application submitted by a specified manufacturer if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the AVs are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the DMV, as specified. (VEH Section 38750)
- Authorizes the DMV to establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol (CHP), are necessary to ensure the safe operation of AVs on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of AVs on public roads, special rules for the registration of AVs, new license requirements for operators of AVs, and rules for revocation, suspension, or denial of any license or any approval issued, as specified. (VEH Section 38750)
FISCAL EFFECT: Unknown. This bill has been keyed fiscal by the Legislative Counsel.
COMMENTS:
- Authors Statement: According to the author, “The [DMV] has proposed regulations that will allow driverless [AVs], without a back-up human driver, to be tested on our public roadways. As part of these proposed regulations, the testing companies would be required to provide the local government with notice and a plan for local law enforcement to interact with the [AVs] in cases of emergencies or traffic stops. These public safety provisions are critical to maintain public confidence and encourage these innovations to continue. AB 87 requires basic public safety elements be included in the DMV regulations to allow safe interaction between driverless [AVs], human-driven vehicles, pedestrians, and bicyclists.”
- Background: California law regulates different modes of passenger transportation for compensation. The California Public Utilities Commission is responsible for the permitting and regulation of passenger carriers, such as shuttles, limousines, and tour buses. The DMV is responsible for the registration of motor vehicles and CHP is responsible for certain vehicle inspections and patrol over California highways.
Over the past few years, California has seen the rapid development of automotive technology. This means that within the next decade, partially and fully automated vehicles are nearing a point in which widespread deployment becomes a reality. Deployment of AVs has the potential to transform personal mobility and safety. Automated driving has the potential to decrease the number of crashes tied to human choices and behavior. In addition, AVs open new doors and opportunities for a new class of people and communities, such as people with disabilities, the elderly, or low-income. AVs have the potential to transform how cities, and the state, think about urban planning and public transit, as well as energy use and pollution.
Although, the rise of new technology is inevitable, in order for the state to keep pace, society must find a balance between the development of emerging technology and the unknown socioeconomic impacts and safety concerns. Essential to safe deployment and reassuring the public about the impact of AVs is rigorous testing conducted in collaboration between the public and private sector to ensure that sufficient data is available to determine safe performance in order for policymakers to make informed decisions over the speed of which AVs are deployed on our public roads.
- DMV Autonomous Vehicle Regulations: In 2012, the Legislature passed SB 1298 (Padilla), Chapter 570, Statutes of 2012, which established conditions for the operation of AVs upon public roadways. SB 1298 required the DMV to adopt regulations for the operation of AVs by January 1, 2015. The DMV rolled out its regulation in two stages. In the first stage, the DMV established regulations for insurance requirements for the purposes of testing AVs, while stage two established regulations for the full deployment of AVs for non-testing purposes. Although, the DMV adopted testing regulations by May 2014, it is still finalizing regulations for the deployment of AVs. In November 2017, the DMV published revised regulations that cover driverless testing and deployment of AVs for a second public comment period which ended on December 15, 2017.
- Driverless AV Requirements: Under the DMV’s current proposed regulations, a manufacturer desiring to conduct testing of driverless AVs on public roads must comply with a number of requirements in order to obtain a permit. These requirements include requiring the manufacturer to certify that local authorities within the jurisdiction where the AV will be tested have been provide written notification containing specified information, and requiring the manufacturer provides a copy of a law enforcement interaction plan, with specified information that the manufacturer will make available to law enforcement agencies and other first responders in the vicinity of the operational design domains of the AVs that will instruct those agencies on how to interact with the AV in emergency and traffic enforcement situations.
This bill requires the DMV to include specified requirements in regulations it adopts for the testing of AVs on public roads without the presence of a driver, including the requirement for manufacturers to certify that specified local authorities have been provided with a written notification, as specified, and manufacturers have provided law enforcement agencies with a copy of a law enforcement interaction plan, as specified. By codifying these requirements into statute, this bill would require the DMV to retain certain aspects of their proposed regulations moving forward. According to the author, the public safety provisions in the bill are critical to maintaining public confidence and encouraging future innovation. While opponents of the bill argue that codifying such regulations might tie the DMV’s hands; further delaying the adoption of its regulations, and preventing them from improving or updating the rules in the future without legislative action.
- Arguments in Support: According to the City and County of San Francisco, “This bill will ensure that [AV] companies are communicating and working with local government when testing driverless vehicles. In addition, the law enforcement interaction plan will instruct agencies on how to interact with driverless [AVs] in emergency and traffic enforcement situations. [AVs] have the potential to decrease the number of crashes tied to human error and behavior. These vehicles will also create new opportunities for disabled, elderly, and low-income people to be mobile. However, it is essential to safe deployment that local government and law enforcement are involved in public safety efforts.”
- Arguments in Opposition: According to TechNet, “TechNet agrees with the author and the DMV that public safety is paramount when considering vehicle regulations, however we do not believe legislation parroting current regulatory language is necessary because the DMV regulations carry the same weight and force of law as statute. Furthermore, with such new regulations in this policy arena we believe it would be counter intuitive to tie the DMV’s hands by codifying language which would essentially prevent them from improving or updating the rules in the future to address local or agency concerns either through the current rulemaking process or after more time and experience with the driverless testing regulations because it would require waiting for the legislature to act.”
- Related Legislation:
AB 623 (Rodriguez) of 2017 requires the operator of an AV to follow existing motor vehicle accident reporting requirements, and requires CHP or any other peace officer to specify an AV was involved in the traffic collision in any manner. Status: Pending in the Senate Committee on Appropriations.
AB 1160 (Bonta) of 2017 defines AV to include a vehicle that is equipped with technology that makes it capable of operations that meets the definitions of Levels 3, 4, or 5 of the Society of Automotive Engineers’ “Taxonomy and Definitions for Terms Related to On-Road Motor Vehicle Automated Driving Systems, Standard J3016.” Status: Pending in the Senate Committee on Transportation and Housing.
- Prior Legislation: AB 1444 (Baker) of 2017 authorizes the Livermore Amador Valley Transit Authority to conduct a demonstration project for the testing of AVs without a driver seated in the driver’s seat under specified conditions. Status: Chaptered by the Secretary of State, Chapter 719, Statutes of 2017.
AB 1592 (Bonilla) of 2016 authorizes the Contra Costa Transportation Authority to conduct a pilot project for the testing of AVs without a driver in the driver’s seat, under specified conditions. Status: Chaptered by the Secretary of State, Chapter 814, Statutes of 2016.
SB 145 (Hill) of 2017 makes various changes regarding the DMV's authority to develop regulations and approve applications for the operation of AVs on the public roadways. Status: Chaptered by the Secretary of State, Chapter 725, Statutes of 2017.
SB 1298 (Padilla) of 2012 establishes conditions for the operation of AVs upon public roadways. Status: Chaptered by the Secretary of State, Chapter 570, Statutes of 2012.
- Double-referral: This bill is double referred, having been previously heard by the Assembly Committee on Transportation on January 8, 2018, and approved on a 9-4 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
City and County of San Francisco
Consumer Attorneys of California
Consumer Watchdog
Consumers for Auto Reliability and Safety
San Francisco Bicycle Coalition
Walk San Francisco
Opposition
California Chamber of Commerce
CompTIA
CTIA
Global Automakers
Internet Association
TechNet
Analysis Prepared by: Edmond Cheung / C. & C. / (916) 319-2637
Date of Hearing: January 8, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 87 (
Author:Ting) – As Amended Ver:January 3, 2018
SUBJECT: Autonomous vehicles
SUMMARY: Requires the Department of Motor Vehicles (DMV) to include specific proposed requirements related to the testing of driverless autonomous vehicles in its adopted autonomous vehicle regulations. Specifically, relating to application requirements for the testing of autonomous vehicles on public roads without a driver in the vehicle, this bill requires the manufacturer of the vehicle to:
- Certify that it has provided, at a minimum, the following information in writing to the local authorities for the jurisdiction where the testing will take place:
- The specific bounds within which the vehicle is designed to properly operate, such as geographical area, roadway type, speed range, environmental conditions, weather, and time of day.
- A list of all public roads in the jurisdiction upon which the vehicle will be tested.
- The number and types of vehicles to be tested.
- Contact information for the manufacturer’s representative.
- Provide law enforcement agencies in the testing jurisdiction a copy of a “law enforcement interaction plan” instructing the agencies on how to interact with the autonomous vehicle in emergency and traffic enforcement situations. The plan must include, at a minimum:
- How to communicate with the remote operator of the vehicle at all times during the vehicle’s operation.
- Where in the vehicle to obtain owner information, vehicle registration, and proof of insurance in the event of a collision or traffic violation.
- How to recognize whether the vehicle is operating in autonomous mode.
- How to safely disengage the autonomous mode and remove the vehicle from the roadway if necessary.
EXISTING LAW:
- Authorizes the operation of autonomous vehicles on public roads for testing purposes under certain circumstances specified in regulations adopted by DMV.
- 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.
- Requires DMV to approve an application submitted by a manufacturer for the operation of autonomous vehicles for non-testing purposes if DMV finds that the applicant has submitted all information and completed testing necessary to satisfy DMV that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in DMV regulations.
- Authorizes DMV to impose additional requirements it deems necessary to ensure the safe operation of autonomous vehicles if those vehicles are capable of operating without the presence of a driver inside the vehicle.
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 initiated the 45-day public comment period for the proposed deployment regulations in March 2017.
Requirements on entities seeking a testing permit under the DMV regulations are minimal. To obtain a permit, an entity must submit an application including the make, model, model year, vehicle identification number, and license plate number and state of issuance of every autonomous vehicle to be operated as well as the name of every employee authorized to act as an operator. An autonomous vehicle’s registration with DMV must include a certificate of ownership from the vehicle manufacturer, a written description of the vehicles autonomous features, and a brake and light adjustment certificate and emissions certificate issued by the California Bureau of Automotive Repair. A permit costs $150 and authorizes up to 10 autonomous vehicles and 20 operators. Entities testing autonomous vehicles under the program are required to report any accident resulting in property damage or bodily injury, and must submit an annual report summarizing every instance of the entities’ vehicles’ autonomous technology disengaging, which includes the total number of miles each vehicles has driven in autonomous mode.
In recent amendments to its regulations, DMV is proposing to change its regulations to explicitly address the requirements necessary for manufacturers to test autonomous vehicles with a driver neither behind the wheel nor present in the vehicle. The proposed amendments to the regulations include requirements similar to those contained in this bill related to notification of local authorities and law enforcement of the testing of driverless autonomous vehicles. This bill requires DMV to retain this aspect of its proposed regulations to ensure that local governments are made aware of what testing is occurring within their jurisdictions.
Committee concerns: It is unclear why this bill is necessary, as DMV is proposing to include in their regulations the requirements in this bill. While the requirements in this bill seem reasonable, there doesn’t appear to be any opposition to the proposal in DMV’s regulations and therefore placing the requirements in statute is not needed. Codifying existing regulations in statute, however, can reduce the state’s ability to be responsive to societal and technological changes, potentially slowing innovation and stifling the state’s economy.
Double referral: This bill will be referred to the Assembly Communications and Conveyance Committee should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION: (Letters submitted for the January 5, 2017 version of the bill)
Support
City and County of San Francisco
Consumers for Auto Reliability and Safety
San Francisco Bicycle Coalition
Walk San Francisco
Opposition
Computing Technology Industry Association
TechNet
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Transportation
Senate Floor
Senate Standing Committee on Transportation and Housing
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Communications and Conveyance
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):