Abstract
On September 25, 2012, California Governor Jerry Brown signed into law California Senate Bill 1298 (Chapter 570; Statutes of 2012) authorizing the California Department of Motor Vehicles (DMV or Department) to develop regulations for the testing and operation of autonomous vehicles on California’s public roadways. This marked the first time that California regulations regarding automotive technologies were developed prior to federal regulations. After meeting with governmental, academic, and industry stakeholders in order to gain insights into the technology, the DMV embarked on the development of two separate regulatory actions. As the technology advances, the DMV will revise the regulations accordingly.
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Notes
- 1.
NHTSA’s preliminary policy statement on automated vehicles defines Level 2 as involving the automation of at least two primary control functions designed to work in unison to relieve the driver of control of those functions. Level 3 enables the driver to cede full control of all safety-critical functions under certain conditions, but the driver is expected to be available for occasional control. Level 4 is designed to perform all safety-critical driving functions and monitor roadway conditions for an entire trip [1].
- 2.
Calif. Gov. Code §§11340 et seq.
- 3.
Calif. Gov. Code §11346.5.
- 4.
Calif. Gov. Code §11346.4.
- 5.
Calif. Gov. Code §11346.2.
- 6.
Calif. Gov. Code §11346.8.
- 7.
Calif. Gov. Code §11347.3.
- 8.
Calif. Gov. Code §11349.1.
- 9.
The standards listed in Calif. Gov. Code §11349.1 are: necessity, authority, clarity, consistency, reference, and nonduplication.
- 10.
Calif. Gov. Code §11349.3.
- 11.
Calif. Gov. Code §11342.2.
- 12.
Calif. Veh. Code §38750 (a)(5) defines the manufacturer of autonomous vehicles as the original vehicle manufacturer that produces a completed vehicle with autonomous technology or a person who converts an originally manufactured vehicle by installing autonomous technology.
- 13.
Calif. Veh. Code §38750 (b).
- 14.
The minimum liability insurance limits specified in §16056 is applicable only to private passenger vehicles.
- 15.
California Insurance Code §1861.025 sets forth the eligibility criteria for the purchase of a good driver discount automobile insurance policy and specifies that a person who in the past 3 years was “principally at fault” in a motor vehicle accident is not eligible for such a policy. Subdivision(b)(3) of that section states, “The commissioner shall adopt regulations setting guidelines to be used by insurers for the determination of fault” for accidents involving damage to property, personal injury or death.
- 16.
The requirement that the vehicle be operated solely by employees or designees of the manufacturer only apply to the testing phase [see §38750 (b)(1)].
- 17.
Calif. Veh. Code §38750 (c).
- 18.
Calif. Veh. Code §38750 (c)(1)(E).
- 19.
NHTSA cautions that states should refrain from establishing safety standards stating that it “does not recommend that states attempt to establish safety standards for self-driving vehicle technologies… in light of the rapid evolution and wide variations in self-driving technologies, we do not believe that detailed regulation of these technologies is feasible at this time at the federal or state level… until NHTSA has developed vehicle safety standards pertinent to self-driving technologies, states may want to ensure that self-driving test vehicles in their state adhere to certain basic principles.” (Id at page 12–13, emphasis added.).
- 20.
Calif. Veh. Code §38759 (c)(1)(E).
References
National Highway Traffic Safety Administration (2013) Preliminary statement of policy concerning automated vehicles, May 2013, p 5
National Highway Traffic Safety Administration (2011) Overview traffic safety fact sheet, Apr 2013
National Highway Traffic Safety Administration (2011) Distracted driving traffic safety fact sheet, Apr 2013
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Soriano, B.C., Dougherty, S.L., Soublet, B.G., Triepke, K.J. (2014). Autonomous Vehicles: A Perspective from the California Department of Motor Vehicles. In: Meyer, G., Beiker, S. (eds) Road Vehicle Automation. Lecture Notes in Mobility. Springer, Cham. https://doi.org/10.1007/978-3-319-05990-7_2
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