CHAPTER
3. Operation of Autonomous Vehicles
38800.
For purposes of this chapter, the following definitions apply:(a) “Emergency” has the same meaning as that term is defined in paragraph (3) of subdivision (a) of Section 38751.
(b) (1) “Emergency response official” has the same meaning as that term is defined in paragraph (2) of subdivision (a) of Section 38751.
(2) For purposes of this chapter, “emergency response official” also includes traffic control, traffic enforcement, and parking enforcement personnel from a public agency in an applicable jurisdiction.
(c) “First responder” includes law enforcement, fire department, and emergency medical
personnel.
(d) “Fleetwide emergency system or system failure” means an event or condition arising from shared software, communications, navigation, or a shared operational system that causes, or is likely to cause, a substantial number of a manufacturer’s autonomous vehicles operating within a local jurisdiction to become immobilized or unable to operate safely or perform their intended driving functions.
(e) “Local incident technician” means a natural person who responds onsite on behalf of an autonomous vehicle manufacturer to incidents involving an autonomous vehicle, including incidents that require vehicle retrieval, including, but not limited to, crashes, and requests for assistance from emergency response officials. Local incident technicians shall be employees of the autonomous vehicle manufacturer or an entity contracted with the autonomous vehicle manufacturer to provide local incident technician services that
meets either of the following criteria:
(1) Employs 50 or more local incident technicians.
(2) Contracts with a tow truck operator to perform the local incident technician services if the towing, recovery, or storage provider has also entered into a contract, agreement, rotational tow program, or similar arrangement with the Department of the California Highway Patrol, a local law enforcement agency, the Department of Transportation, or a local transportation department or agency to provide towing or vehicle storage services.
(f) “Remote assistant” means a natural person who meets all of the following conditions:
(1) Is not physically located in the driver’s seat of the vehicle.
(2) Is able to provide information or advice to an autonomous vehicle to facilitate trip continuation when the autonomous vehicle encounters a situation it cannot manage or is able to alert the automated driving system of the need to fall back to a minimal risk condition, but does not include remote driving.
(3) Is able to provide an autonomous vehicle with revised goals or tasks.
(g) “Remote driver” means a natural person who is not physically located in the driver’s seat of the vehicle and performs real-time performance of part or all of the dynamic driving task fallback, including real-time braking, steering, acceleration, and transmission shifting.
38801.
(a) (1) An autonomous vehicle manufacturer shall ensure, through its staffing and assignments, that local incident technicians are immediately dispatched in either of the following circumstances:(A) Upon receiving notice, electronically or otherwise, of a crash or other incident involving an autonomous vehicle that results in the vehicle becoming immobilized, obstructing traffic or emergency access, creating a roadway hazard, or requiring onsite assistance for its safe and timely removal.
(B) Upon receiving a request from an emergency response official or 911 dispatch center.
(2) In the event of a fleetwide emergency or system
failure that may create a traffic hazard or impeded emergency response, an autonomous vehicle manufacturer shall immediately notify affected local jurisdictions, including emergency dispatch, of the location and status of the portion of their impacted fleet and deploy local incident technicians, where appropriate, whenever affected vehicles cannot be remotely recovered.
(3) This paragraph does not relieve an autonomous vehicle manufacturer from its obligations under Section 38751.
(b) (1) If an emergency response official determines that a remote driver or remote assistant is unable to reasonably address a request from an emergency response official, the emergency response official may request that an autonomous vehicle manufacturer dispatch a local incident technician to
an autonomous vehicle that operates as a commercial vehicle when necessary to address collisions, immobilizations, or obstructions, or to address any safety issue that requires the onsite presence of a local incident technician. Emergency response officials may communicate a request for a local incident technician utilizing an emergency response telephone line or two-way voice communication device as described in Section 38751. An autonomous vehicle manufacturer shall immediately dispatch a local incident technician pursuant to that request.
(2) The local incident technician shall have the authority to coordinate on behalf of the autonomous vehicle
manufacturer with emergency response officials. The local incident technician shall have the authority and ability to manually relocate or tow the vehicle.
38802.
(a) On or before July 1, 2028, the department shall adopt guidelines establishing reasonable response time standards for local incident technicians to be present at the scene of an incident after an emergency response official or 911 dispatch center requests a local incident technician pursuant to paragraph
(1) of subdivision (a) of Section 38801.(b) In developing the guidelines, the department shall consider factors, including, but not limited to, all of the following:
(1) The location and geographic area of operation, including whether the vehicle is operating in an urban, suburban, rural, or remote area.
(2) The type and severity of the incident, including whether the incident involves a collision, immobilization, obstruction, emergency response activity, evacuation, or risk to public
safety.
(3) Roadway and traffic conditions, including whether the incident occurs on a freeway, at an intersection, in a high traffic corridor, or along an evacuation route or emergency response route.
(4) The size and concentration of the manufacturer’s autonomous vehicle fleet operating in the area, including that the manufacturer maintains sufficient local incident technician capacity to respond to multiple incidents occurring at the same time.
(5) Any other operational or public safety factors the department determines are necessary to establish reasonable and workable response time standards, including, but not limited to, first responder operational needs.
38803.
(a) A manufacturer of an autonomous vehicle that operates as a commercial vehicle that is not equipped with manual controls for completing the dynamic driving task, such as a steering wheel, brake pedal,
accelerator pedal,
and a manual override system that allows an incident technician, emergency response official, tow operator, or trained personnel to readily disable the vehicle, shall ensure that remote assistants or remote drivers have the ability to place the autonomous vehicle in neutral to allow an emergency response official to move the autonomous vehicle, cause the autonomous vehicle to move as directed by an emergency response official, or turn off the vehicle and have it remain stationary until otherwise directed by an emergency response official.(b) If an autonomous vehicle that operates as a commercial vehicle is unable to be relocated pursuant to subdivision (a), the manufacturer shall immediately dispatch either a local incident technician pursuant to subdivision (b) of Section
38801 or a tow operator as requested by an emergency response official to safely disable, relocate, and turn off the vehicle.
(c) Notwithstanding any other law, the department shall not permit the deployment of any autonomous vehicle that does not comply with this section.
38804.
(a) The Commission on Peace Officer Standards and Training shall develop uniform guidelines and requirements for the manual override training and written guidance required to be provided by autonomous vehicle manufacturers. These guidelines and requirements shall be consistent with the course or courses of instruction and guidelines implemented by the commission for law enforcement officers pursuant to Section
13519.18 of the Penal Code, as applicable.(b) The commission shall establish a process to review and certify any manual override training and written guidance developed by autonomous vehicle manufacturers.
(c) The commission may charge autonomous vehicle manufacturers a fee sufficient to cover the reasonable regulatory costs associated with administering this section.
38805.
(a) An autonomous vehicle manufacturer shall maintain records on response times of local incident technicians and responses to fleetwide emergencies or system failures, emergency events, immobilizations, obstructions,
crashes, and requests from emergency response officials.(b) The records shall be provided to the department quarterly, in a manner acceptable to the department.
(c) The department may share records received pursuant to this section with the Public Utilities Commission, as requested, to support regulatory oversight of autonomous vehicle passenger service operations.
(d) The department shall publish summary statistics, broken down by manufacturer, quarterly on its internet website.
38806.
(a) A violation of this chapter is not a crime.(b) A city attorney or county counsel may bring a civil action in any court of competent jurisdiction for the violations described in paragraphs (1) and (2), inclusive, on behalf of a city, county, or city and county. The court may impose civil penalties payable to the jurisdiction bringing the action as follows:
(1) A civil penalty of up to five thousand dollars ($5,000) for each
violation of
Section 38801.
(2) A civil penalty of up to ten thousand dollars ($10,000) per autonomous vehicle operating as a commercial vehicle that causes an obstruction during, or that otherwise causes interference with, emergency events, emergency operations, or law enforcement operations for a period of more than 30 minutes from the moment an emergency response official requests a local incident technician.
(c) (1) In determining whether to impose a civil penalty pursuant to subdivision
(b) and the amount of the penalty, the court shall consider all of the following:
(A) The nature, severity, duration, and consequences of the violation.
(B) Any interference with emergency response, traffic circulation, or public safety.
(C) Whether the violation was isolated or repeated.
(D) Any other relevant mitigating or aggravating circumstances.
(2) When making the determination described in paragraph (1), the court may consider circumstances beyond the manufacturer’s reasonable control that materially contributed to the violation.
(d) For purposes of this section, a jurisdiction may bring an action for violations that occur within the limits of the city, county, or city and county. A county may bring an action for violations that occur within the unincorporated areas of that county.
(e) This section does not prohibit a local jurisdiction from exercising its other enforcement authorities.
38807.
This chapter shall become operative July 1, 2028.