Amended IN Senate March 14, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1398Introduced by Senator GonzalezFebruary 18, 2022 An act to add Section 24011.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1398, as amended, Gonzalez. Vehicles: consumer notices.Existing law requires any new motor vehicles sold in the state to have certain notices to the consumer either affixed to the vehicle or provided to the buyer.Existing law regulates autonomous vehicles equipped with technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. Under existing law, this does not include collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.This bill would express the intent of the Legislature to enact legislation requiring consumer notices regarding these semiautonomous driver assistance features. require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a semiautonomous driver assistance feature, as defined, or that provides any software update or vehicle upgrade that adds a semiautonomous driver assistance feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, or marketing these features, as specified.Any violation of these requirements would be punishable as an infraction.By creating a new infraction, 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.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 24011.5 is added to the Vehicle Code, to read:24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.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 requiring new vehicles sold to include consumer notices regarding semiautonomous driver assistance features.
Amended IN Senate March 14, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1398Introduced by Senator GonzalezFebruary 18, 2022 An act to add Section 24011.5 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 1398, as amended, Gonzalez. Vehicles: consumer notices.Existing law requires any new motor vehicles sold in the state to have certain notices to the consumer either affixed to the vehicle or provided to the buyer.Existing law regulates autonomous vehicles equipped with technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. Under existing law, this does not include collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.This bill would express the intent of the Legislature to enact legislation requiring consumer notices regarding these semiautonomous driver assistance features. require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a semiautonomous driver assistance feature, as defined, or that provides any software update or vehicle upgrade that adds a semiautonomous driver assistance feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, or marketing these features, as specified.Any violation of these requirements would be punishable as an infraction.By creating a new infraction, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 14, 2022
Amended IN Senate March 14, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1398
Introduced by Senator GonzalezFebruary 18, 2022
Introduced by Senator Gonzalez
February 18, 2022
An act to add Section 24011.5 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1398, as amended, Gonzalez. Vehicles: consumer notices.
Existing law requires any new motor vehicles sold in the state to have certain notices to the consumer either affixed to the vehicle or provided to the buyer.Existing law regulates autonomous vehicles equipped with technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. Under existing law, this does not include collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.This bill would express the intent of the Legislature to enact legislation requiring consumer notices regarding these semiautonomous driver assistance features. require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a semiautonomous driver assistance feature, as defined, or that provides any software update or vehicle upgrade that adds a semiautonomous driver assistance feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, or marketing these features, as specified.Any violation of these requirements would be punishable as an infraction.By creating a new infraction, 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.
Existing law requires any new motor vehicles sold in the state to have certain notices to the consumer either affixed to the vehicle or provided to the buyer.
Existing law regulates autonomous vehicles equipped with technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. Under existing law, this does not include collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
This bill would express the intent of the Legislature to enact legislation requiring consumer notices regarding these semiautonomous driver assistance features. require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a semiautonomous driver assistance feature, as defined, or that provides any software update or vehicle upgrade that adds a semiautonomous driver assistance feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.
The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, or marketing these features, as specified.
Any violation of these requirements would be punishable as an infraction.
By creating a new infraction, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 24011.5 is added to the Vehicle Code, to read:24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.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 requiring new vehicles sold to include consumer notices regarding semiautonomous driver assistance features.
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 24011.5 is added to the Vehicle Code, to read:24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
SECTION 1. Section 24011.5 is added to the Vehicle Code, to read:
### SECTION 1.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any semiautonomous driver assistance feature, or provide any software update or other vehicle upgrade that adds any semiautonomous driver assistance feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a notice that clearly describes the functions and limitations of any such feature with which the vehicle is equipped.
(b) A manufacturer or dealer shall not name, refer to, or market any semiautonomous driver assistance feature using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature.
(c) As used in this section, a semiautonomous driver assistance feature means a vehicle system or feature, including, but not limited to, monitored autopilot systems, electronic blind spot monitoring, automated emergency braking, parking assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar system, that enhances safety or provides driver assistance, but is not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator.
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 requiring new vehicles sold to include consumer notices regarding semiautonomous driver assistance features.