Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1141Introduced by Assembly Member BermanFebruary 17, 2017 An act to add Section 38760 to the Vehicle Code, relating to autonomous vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 1141, as amended, Berman. Autonomous vehicles: freight vehicles.Existing law authorizes the operation of an autonomous vehicle, as defined, 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, as defined, 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, a violation of the Vehicle Code is an infraction, unless otherwise specified.This bill would, notwithstanding the above provisions, authorize the Department of the California Highway Patrol, or a manufacturer approved by the department, to conduct testing of autonomous technology using freight vehicles on a highway. The bill would require a manufacturer to submit an application to the department and that application to be approved for purposes of testing on a highway and would require an approved manufacturer to comply with requirements that the department deems appropriate. The bill would require testing to be conducted on a route not less than 50 miles in distance and only on highways that have been designated by the department, which may identify highways appropriate for testing in consultation with the Department of Transportation. The bill would require an operator to be present in the vehicle during testing and for that operator to hold a valid commercial license of the class appropriate to operate the autonomous vehicle being tested. The bill would also specify that any hours spent as an operator of an autonomous freight vehicle are counted towards the maximum driving hours permitted in a work period. The bill would require, prior to the start of the testing of autonomous freight vehicles, the department or the manufacturer, or both, to certify that an autonomous freight vehicle used complies with all applicable Federal Motor Vehicle Safety Standards and that the testing of an autonomous freight vehicle complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, as specified. By establishing provisions of law, the violation of which would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would state the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 38760 is added to the Vehicle Code, to read:38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.(2) An approved manufacturer shall comply with requirements that the department deems appropriate.(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.
Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1141Introduced by Assembly Member BermanFebruary 17, 2017 An act to add Section 38760 to the Vehicle Code, relating to autonomous vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 1141, as amended, Berman. Autonomous vehicles: freight vehicles.Existing law authorizes the operation of an autonomous vehicle, as defined, 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, as defined, 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, a violation of the Vehicle Code is an infraction, unless otherwise specified.This bill would, notwithstanding the above provisions, authorize the Department of the California Highway Patrol, or a manufacturer approved by the department, to conduct testing of autonomous technology using freight vehicles on a highway. The bill would require a manufacturer to submit an application to the department and that application to be approved for purposes of testing on a highway and would require an approved manufacturer to comply with requirements that the department deems appropriate. The bill would require testing to be conducted on a route not less than 50 miles in distance and only on highways that have been designated by the department, which may identify highways appropriate for testing in consultation with the Department of Transportation. The bill would require an operator to be present in the vehicle during testing and for that operator to hold a valid commercial license of the class appropriate to operate the autonomous vehicle being tested. The bill would also specify that any hours spent as an operator of an autonomous freight vehicle are counted towards the maximum driving hours permitted in a work period. The bill would require, prior to the start of the testing of autonomous freight vehicles, the department or the manufacturer, or both, to certify that an autonomous freight vehicle used complies with all applicable Federal Motor Vehicle Safety Standards and that the testing of an autonomous freight vehicle complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, as specified. By establishing provisions of law, the violation of which would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would state the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 28, 2017
Amended IN Assembly March 28, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1141
Introduced by Assembly Member BermanFebruary 17, 2017
Introduced by Assembly Member Berman
February 17, 2017
An act to add Section 38760 to the Vehicle Code, relating to autonomous vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1141, as amended, Berman. Autonomous vehicles: freight vehicles.
Existing law authorizes the operation of an autonomous vehicle, as defined, 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, as defined, 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, a violation of the Vehicle Code is an infraction, unless otherwise specified.This bill would, notwithstanding the above provisions, authorize the Department of the California Highway Patrol, or a manufacturer approved by the department, to conduct testing of autonomous technology using freight vehicles on a highway. The bill would require a manufacturer to submit an application to the department and that application to be approved for purposes of testing on a highway and would require an approved manufacturer to comply with requirements that the department deems appropriate. The bill would require testing to be conducted on a route not less than 50 miles in distance and only on highways that have been designated by the department, which may identify highways appropriate for testing in consultation with the Department of Transportation. The bill would require an operator to be present in the vehicle during testing and for that operator to hold a valid commercial license of the class appropriate to operate the autonomous vehicle being tested. The bill would also specify that any hours spent as an operator of an autonomous freight vehicle are counted towards the maximum driving hours permitted in a work period. The bill would require, prior to the start of the testing of autonomous freight vehicles, the department or the manufacturer, or both, to certify that an autonomous freight vehicle used complies with all applicable Federal Motor Vehicle Safety Standards and that the testing of an autonomous freight vehicle complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, as specified. By establishing provisions of law, the violation of which would be a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.This bill would state the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.
Existing law authorizes the operation of an autonomous vehicle, as defined, 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, as defined, 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, a violation of the Vehicle Code is an infraction, unless otherwise specified.
This bill would, notwithstanding the above provisions, authorize the Department of the California Highway Patrol, or a manufacturer approved by the department, to conduct testing of autonomous technology using freight vehicles on a highway. The bill would require a manufacturer to submit an application to the department and that application to be approved for purposes of testing on a highway and would require an approved manufacturer to comply with requirements that the department deems appropriate. The bill would require testing to be conducted on a route not less than 50 miles in distance and only on highways that have been designated by the department, which may identify highways appropriate for testing in consultation with the Department of Transportation. The bill would require an operator to be present in the vehicle during testing and for that operator to hold a valid commercial license of the class appropriate to operate the autonomous vehicle being tested. The bill would also specify that any hours spent as an operator of an autonomous freight vehicle are counted towards the maximum driving hours permitted in a work period. The bill would require, prior to the start of the testing of autonomous freight vehicles, the department or the manufacturer, or both, to certify that an autonomous freight vehicle used complies with all applicable Federal Motor Vehicle Safety Standards and that the testing of an autonomous freight vehicle complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, as specified. By establishing provisions of law, the violation of which would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would state the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 38760 is added to the Vehicle Code, to read:38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.(2) An approved manufacturer shall comply with requirements that the department deems appropriate.(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 38760 is added to the Vehicle Code, to read:38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.(2) An approved manufacturer shall comply with requirements that the department deems appropriate.(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.
SECTION 1. Section 38760 is added to the Vehicle Code, to read:
### SECTION 1.
38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.(2) An approved manufacturer shall comply with requirements that the department deems appropriate.(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.
38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.(2) An approved manufacturer shall comply with requirements that the department deems appropriate.(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.
38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.(2) An approved manufacturer shall comply with requirements that the department deems appropriate.(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.
38760. (a) Notwithstanding Section 38750, the Department of the California Highway Patrol, or a manufacturer approved by the department, may conduct testing of autonomous technology using freight vehicles upon a highway.
(1) A manufacturer shall not conduct testing of autonomous freight vehicles upon a highway until the manufacturer submits an application to the department and that application is approved by the department.
(2) An approved manufacturer shall comply with requirements that the department deems appropriate.
(3) The department may coordinate with the Department of Transportation to identify highways appropriate for use in testing autonomous freight vehicles. A route designated for the testing of autonomous freight vehicles by the Department of the California Highway Patrol shall be no less than 50 miles in distance.
(4) An operator shall be present in the autonomous freight vehicle at all times during testing. The operator shall hold a valid California commercial drivers license of the appropriate class for the vehicle being tested. The time spent using autonomous technology while operating or testing an autonomous freight vehicle shall be counted towards the maximum hours a driver is permitted to drive in a work period, as specified in Section 34501.2.
(5) Before any testing of an autonomous freight vehicle, the department or the manufacturer, or a combination of the two, shall certify both of the following:
(A) An autonomous freight vehicle used pursuant to this section complies with all applicable Federal Motor Vehicle Safety Standards.
(B) The testing of an autonomous freight vehicle conducted pursuant to this section complies, or will comply, with National Highway Traffic Safety Administration guidance, if any, on the safe testing, deployment, and operation of autonomous vehicles.
(b) For purposes of this section, the terms manufacturer, autonomous vehicle, and autonomous technology shall have the same meanings as provided in Section 38750.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
It is the intent of the Legislature to enact legislation relating to autonomous vehicles and freight vehicle safety.