California SB 1246

(1) 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 operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles (department) , as specified, and that application is approved. Existing law requires the department to adopt regulations setting forth requirements for the submission and approval of an application, including, among other things, any testing, equipment, and performance standards the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, as specified. Existing law requires manufacturers of autonomous vehicles that operate without a human operator physically present in the vehicle, except as provided, to comply with certain requirements, including, among other things, to maintain a dedicated emergency response telephone line that is available for emergency response officials and to equip each autonomous vehicle with a 2-way voice communication device that enables emergency response officials who are near the vehicle to communicate effectively with a remote human operator, as specified. Under existing law, an "emergency response official" includes, but is not limited to, emergency dispatchers, peace officers, as specified, and first responders. This bill would require manufacturers of autonomous vehicles to maintain communications capacity sufficient to support the maximum number of concurrent remote assistance or teleoperations sessions, as specified. The bill would require remote drivers to be located within the United States and hold a driver's license that is valid for operation in California, is of the appropriate class, and includes any required endorsements. The bill would require an autonomous vehicle manufacturer to ensure, through its staffing and assignments, that local incident technicians are immediately dispatched upon notification, electronically or otherwise, of a crash or other incident or upon receiving a request from an emergency response official or 911 dispatch center. The bill would, in the event of a fleetwide emergency or system failure that may create a traffic hazard or impeded emergency response, require an autonomous vehicle manufacturer to immediately notify affected local jurisdictions, including emergency dispatch, of the location and status of their fleet and deploy local incident technicians, where appropriate, whenever affected vehicles cannot be remotely recovered. The bill would require the department, on or before July 1, 2028, to adopt guidelines establishing reasonable response times for local incident technicians to be present at the scene upon the request of an emergency response official or 911 dispatch center. The bill would expand the definition of "emergency response official" for these purposes to also include traffic control, traffic enforcement, and parking enforcement personnel from a public agency in an applicable jurisdiction. The bill would require autonomous vehicle manufacturers, for an autonomous vehicle that operates as a commercial vehicle and that is not equipped with manual controls for completing the dynamic driving task, to 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 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. The bill would require autonomous vehicle manufacturers to maintain data 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. The bill would require autonomous vehicle manufacturers to provide this data to the department quarterly and would require the department to publish summary statistics on its internet website, as specified. The bill would authorize the department to share records with the Public Utilities Commission to support regulatory oversight of autonomous vehicle passenger service operations. The bill would specify that a violation of the above provisions is not a crime. The bill would authorize a city attorney or county counsel to bring a civil action on behalf of a city, county, or city and county to enforce specified violations of the above provisions. The bill would authorize a court to impose specified civil penalties payable to the jurisdiction bringing the action, as specified. (2) Existing law establishes the Commission on Peace Officer Standards and Training (POST) within the Department of Justice and requires the commission to develop guidelines and implement courses of instruction regarding specified topics, including, among others, racial profiling, handling domestic violence, and human trafficking. This bill would require POST to develop uniform guidelines and requirements for, and to provide approval of, the training and written guidance required to be provided by autonomous vehicle manufacturers. The bill would authorize POST to impose fees sufficient to cover the reasonable regulatory costs associated with administering these provisions. The bill would require POST to implement a course or courses of instruction for voluntary training of law enforcement officers, as defined, on autonomous vehicles that operate as commercial vehicles as it relates to public safety and to develop related uniform minimum guidelines for voluntary use by California law enforcement agencies, as specified. The bill would require the course or courses, learning and performance objectives, training standards, and guidelines to be developed in consultation with appropriate groups and individuals that have an interest and expertise in the field of the operation of autonomous vehicles, as specified. (3) The bill would make its provisions operative July 1, 2028.