CHAPTER
2. Operation of Autonomous Vehicles
38800.
For purposes of this chapter, the following definitions apply:(a) “Autonomous passenger service vehicle” means an autonomous vehicle operating without a human driver for compensation or as part of a commercial enterprise for purposes of passenger transportation.
(b) “Autonomous vehicle operator” means any company operating an autonomous vehicle without a human driver for compensation or as part of a commercial enterprise, including passenger transportation or the delivery of goods or freight.
(c) “Commercial autonomous vehicle” means an autonomous vehicle
operated without a human driver for compensation or as part of a commercial enterprise, including passenger transportation or the delivery of goods or freight.
(d) “Emergency” has the same meaning as that term is defined in paragraph (3) of subdivision (a) of Section 38751.
(e) “First responders” has the same meaning as that term is defined in Section 8562 of the Government Code except that first responders also include traffic officials from a public agency in an applicable jurisdiction.
(f) “Local incident technician” means a natural person who responds onsite on behalf of an autonomous vehicle operator to incidents involving an autonomous vehicle, including accidents that involve damage to persons or property, and
requests for assistance from first responders. Local incident technicians shall be employees of the autonomous vehicle operator or a contractor registered with the Office of the
California Highway Patrol pursuant to Section 38805. an entity contracted with the autonomous vehicle operator to provide local incident technician services that employs 50 or more local incident technicians.
(g) “Remote assistant” means a natural person who monitors, directs, provides input to, or advises an autonomous vehicle, but is not physically located in the driver’s seat of the vehicle.
(h) “Remote driver” means a natural person who monitors, directs, has the ability to control, regardless of whether such control is exercised, or performs dynamic driving tasks for an autonomous vehicle, but is not physically located in the driver’s seat of the
vehicle.
38801.
(a) A remote assistant, remote driver, or local incident technician who monitors, directs, provides input to, advises, supervises, or controls a commercial autonomous vehicle on a public road in this state, or that provides onsite response to incidents involving commercial autonomous vehicles in this state on behalf of an autonomous vehicle operator, shall be located within the United States and hold a valid California driver’s license of the appropriate class with any endorsements required for a human driver to lawfully operate the same vehicle in this state, including, but not limited to, any of the following:(1) For a passenger vehicle designed to transport not more
than 10 persons, including the driver, a valid class C driver’s license.
(2) For a vehicle designed, used, or maintained for the transportation of more than 10 persons, including the driver, a valid class B or class A driver’s license with a passenger endorsement, as required by this code.
(b) For autonomous passenger service vehicles, the ratio of remote assistants or remote drivers who are actively monitoring or directing operating operation on a public road in this state to autonomous passenger service vehicles shall be one to three
five or higher at all times.
(c) Remote assistants, remote drivers, and local incident technicians shall be registered with the Employer Pull Notice Program administered by the department.
38802.
(a) (1) An autonomous vehicle operator shall ensure, through its staffing and assignments, that remote drivers or remote assistants are able to immediately respond to all calls and incidents.(2) An autonomous vehicle operator shall ensure, through its staffing and assignments, that local incident technicians are able to respond and be present on the scene within 10 minutes of an accident involving damage to persons or property or receiving a request from a first responder.
immediately dispatched in either of the following circumstances:
(A) Upon notification, electronically or otherwise, of an accident involving damage to persons or property.
(B) Upon receiving a request from a first responder or 911 dispatch center.
(3) An autonomous vehicle operator shall ensure, through its staffing and assignments, that local incident technicians are present at the scene of an incident within 20 minutes of receiving a notification or request as described in paragraph (2) no less than 90 percent of the time.
(b) (1) First responders may request that an
autonomous vehicle operator dispatch a local incident technician to a commercial autonomous 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. First responders 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.
(2) The local incident technician shall have the authority to coordinate on behalf of the autonomous vehicle operator with first responders and any parties involved in an accident with a commercial autonomous vehicle at the scene of the incident. The local incident technician shall have the authority and ability to manually relocate the vehicle.
38803.
(a) An autonomous vehicle operator shall adopt and maintain written emergency response and immobilization procedures to ensure prompt responses to emergencies and accidents involving commercial autonomous vehicles and the prompt clearance of any commercial autonomous vehicle that becomes disabled or obstructs traffic or is in a restricted area.(b) Procedures shall provide for all of the following:
(1) Real-time notification of emergency events, including law enforcement activity, traffic enforcement activity, or fire department activity, and emergency medical services activity, immobilizations, or
obstructions.
(2) Immediate escalation to a remote assistant or remote driver with supervision and control over the commercial autonomous vehicle, or immediate dispatch of a local incident technician if there is an accident that involves damage to persons or property or a request for assistance is received from first responders.
(3) Coordination with first responders, including procedures for coordinating with emergency dispatchers and providing a single point of contact with the autonomous passenger service vehicle operator.
(c) Any commercial autonomous vehicle obstructing a travel lane, crosswalk, intersection, transit lane, bicycle lane, freight corridor, emergency access route, space or ramp designated for disabled
persons when not carrying a disabled passenger, or fire hydrant shall be relocated or removed as soon as possible, but in no case later than 5 minutes after the obstruction is detected if the autonomous vehicle is driveable, or no later than 30 minutes after the obstruction is detected if field personnel or towing is required, unless a shorter period is required by the department.
(d) A commercial autonomous vehicle shall not interfere with emergency events, emergency operations, or law enforcement operations.
38804.
(a) Any commercial autonomous vehicle operated without a human driver on a highway in this state shall be equipped with a manual override system in the vehicle that allows local incident technicians, first responders, tow operators, and trained personnel to readily access an emergency steering wheel and manually steer, brake, and relocate the vehicle during an emergency.(b) The manual override system shall comply with all of the following:
(1) Be reviewed and approved by the Office
Department of the California Highway Patrol pursuant to Section 38805.
(2) To the extent possible, comply with standardized protocols for taking manual control over autonomous vehicles.
(3) Be able to be activated by local incident technicians, first responders, tow operators, and other trained personnel.
(4) Permit removal of autonomous vehicles from travel lanes, intersections, or other roadways.
(5) Operate independently of the automated driving system as necessary.
(c) The autonomous vehicle operator shall provide
manual override training and written guidance in compliance with Section 38805 to local incident responders, first responders, and towing providers regarding the manual override system, including safe disabling, relocation, and communication procedures.
(1) The manual override training shall be offered to all first responders with
jurisdiction in areas the autonomous vehicle operates.
(2) The manual override training shall be reviewed on a regular basis by the manufacturer and updated as changes are needed.
(3) The manual override training must shall be reviewed and approved by the Office Department
of the California Highway Patrol pursuant to Section 38805.
(d) Notwithstanding any other law, the department shall not permit the deployment of any autonomous vehicle that does not comply with this section.
38805.(a)The Office of the California Highway Patrol shall establish a registration process for entities that wish to contract with autonomous vehicle operators to provide local incident technician services in compliance with this chapter. The office shall only register entities that employ 50 or more local incident technicians and certify that all employed local incident technicians meet the requirements of this chapter. The office may charge a registration fee sufficient to cover the costs associated with administering
this subdivision. The office shall publish a list of registered contractors on its website.
(b)The office, in conjunction with the Office of the State Fire Marshal,
38805.
(a) The Department of the California Highway Patrol shall develop uniform guidelines and requirements for the manual override training and written guidance required to be provided to local incident responders, first responders, and towing providers by autonomous vehicle operators pursuant to Section 38804.(b) The department shall establish a process to review and approve manual override systems and training systems and manual override training and written guidance for compliance with Section 38804. The office department may charge autonomous vehicle operators a fee sufficient to cover the costs associated with administering this subdivision and subdivision (b).
reasonable regulatory costs associated with administering this section.
38806.
(a) An autonomous vehicle operator shall maintain records on all of the following:(1) Information pertaining to the compliance of remote assistants, remote drivers, and local incident technicians with this chapter, including driver’s license information and driving records.
(2) Assignments and staffing for remote assistants, remote drivers, and local incident technicians, including supervision duration, and incident response and resolution information.
(3) All incidents involving the monitoring or control of commercial autonomous vehicles by remote
assistants, remote drivers, or local incident technicians who are not licensed in this state.
(4) All incidents involving immobilizations, obstructions, emergency events, emergency operations, law enforcement operations, and any first responder, law enforcement, or traffic officer.
(5) All incidents in which a commercial autonomous vehicle is involved in damage to persons or property.
(6) Response times and responses to emergency events, immobilizations, obstructions, accidents involving damage to persons or property, and requests from first responders.
(b) The records shall be provided to the department and Public Utilities Commission upon
request.
(c) Summary statistics showing the number of incidents, including obstruction and immobilization incidents, response times, and incidents in which manual control of commercial autonomous vehicles was necessary or control was exercised by remote assistants, remote drivers, or local incident technicians, shall be provided to the department and commission on a monthly basis and shall be published by the department and commission on their respective internet websites. The information required by this subdivision shall be provided in an aggregated data format that anonymizes all information.
38807.
A violation of this chapter is not a crime and subject to the following civil penalties and administrative actions:(a) A city, county, or city and county may impose a civil penalty of five thousand dollars ($5,000) for each violation of Section 38801, Section 38802, the autonomous vehicle operators’ permit, or any regulation authorizing the autonomous vehicle operators’ operations. Penalties shall be payable to the jurisdiction enforcing the violation.
(b) A city, county, or city and county may impose the following civil penalties for violations of Section 38803.
(1) One thousand dollars ($1,000) per driveable commercial autonomous vehicle for an obstruction lasting more than five minutes.
(2) Five thousand dollars ($5,000) per commercial autonomous vehicle for an obstruction lasting more than 30 minutes.
(3) Ten thousand dollars ($10,000) per commercial autonomous vehicle for an obstruction during, or that otherwise causes interference with, emergency events, emergency operations, or law enforcement operations.
(c) Penalties assessed pursuant to this section shall be payable to the jurisdiction enforcing the violation. For purposes of this section, a city may impose civil penalties for violations within the city limits. A county may impose civil penalties for
violations within the unincorporated areas of the county.
(d) Three or more violations of this chapter shall constitute
grounds for suspension, revocation, or modification of department or Public Utilities Commission deployment permits, including reduction of authorized fleet size, subject to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.