Amended IN Assembly June 13, 2022 Amended IN Senate May 02, 2022 Amended IN Senate March 14, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1398Introduced by Senator GonzalezFebruary 18, 2022An 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 require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a partial driving automation feature, as defined, or that provides any software update or vehicle upgrade that adds a partial driving automation feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.Any violation of these requirements would be punishable as an infraction.The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, describing in writing, or marketing these features, as specified.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: YES Local Program: YES 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 partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.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.
Amended IN Assembly June 13, 2022 Amended IN Senate May 02, 2022 Amended IN Senate March 14, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1398Introduced by Senator GonzalezFebruary 18, 2022An 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 require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a partial driving automation feature, as defined, or that provides any software update or vehicle upgrade that adds a partial driving automation feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.Any violation of these requirements would be punishable as an infraction.The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, describing in writing, or marketing these features, as specified.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: YES Local Program: YES
Amended IN Assembly June 13, 2022 Amended IN Senate May 02, 2022 Amended IN Senate March 14, 2022
Amended IN Assembly June 13, 2022
Amended IN Senate May 02, 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 require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a partial driving automation feature, as defined, or that provides any software update or vehicle upgrade that adds a partial driving automation feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.Any violation of these requirements would be punishable as an infraction.The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, describing in writing, or marketing these features, as specified.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 require a dealer or manufacturer that sells any new passenger vehicle that is equipped with a partial driving automation feature, as defined, or that provides any software update or vehicle upgrade that adds a partial driving automation feature, to provide the buyer or owner with a consumer notice that describes the functions and limitations of those features.
Any violation of these requirements would be punishable as an infraction.
The bill would additionally prohibit a manufacturer or dealer from deceptively naming, referring to, describing in writing, or marketing these features, as specified.
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 partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.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.
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 partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.
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 partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.
24011.5. (a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of each the feature and clearly describes the functions and limitations of any such feature with which the vehicle is equipped. This notice shall contain only the information described in this section and shall not be combined with any other notification or information. the feature.
(b) A manufacturer or dealer shall not name, refer to, or market name any partial driving automation feature feature, or describe any partial driving automation feature in written marketing materials, 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. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.
(c) As used in this section, partial driving automation feature means a vehicle system or feature that enhances safety or provides driver assistance, including through the sustained control of both the lateral and longitudinal motion of the vehicle, but which requires the driver to monitor the driving environment by detecting, recognizing, and classifying objects and events, being prepared to respond as needed, and executing an appropriate response to such objects and events. has the same meaning as Level 2 partial driving automation in the Society of Automotive Engineers (SAE) Standard J3016 (April 2021).
(d) Nothing in this section shall be construed to alter any existing duty of care or limit the civil liability of a manufacturer or dealer. Compliance with this section shall not be construed as a defense in any claim of negligence or product defect arising from the use of a partial driving automation feature.
(e) Before delivering a passenger vehicle equipped with a partial driving automation feature to a dealer, a manufacturer shall provide information to enable the dealer to comply with subdivision (a). This information shall include specific language recommended for the notice required in that subdivision. A dealer may reasonably rely on the information provided by the manufacturer and a dealer shall not be held in violation of subdivision (a) if the manufacturer fails to provide this information or if the information provided is deemed to be not in compliance with this section.
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.