1. Bernard C. Soriano, Ph.D.
Deputy Director
California Department of Motor Vehicles

2. Where It All Began Senate Bill 1298 (2012 Legislative Session)
California Vehicle Code sec
DMV to develop regulations governing:
Testing of autonomous vehicles on public roads.
Deployment of autonomous vehicles on public roads.
Autonomous vehicles are safe to operate on public roads

3. Testing Regulations
Effective September 2014 – establish a permit process for the testing of vehicles on public streets:
Must be a “manufacturer”
Establish $5 million in financial responsibility
Identify test vehicles and restriction on post-testing transfers of ownership
Must have an employee driver in the driver seat
Driver must be a “good driver” and enrolled in pull notice program
Report accidents and annual report of disengagements
Excluded vehicles – over 10,000 lbs., motorcycles, and trailers

4. Testing Today 30 Companies have testing permits 218 vehicles
>700 drivers with permits to drive test vehicles
Crash reports and Disengagement reports
Waymo (Google):
Most drivers: >251
Most cars: 79
Most miles tested in 2016: 635,868

5. Proposed Regulations
Regulations for driverless testing and public deployment – published on March 10, 2017
45 – day public comment period
Public Hearing in Sacramento on April 25

6. Federal and State Responsibilities
National Traffic and Motor Vehicle Safety Act of 1966 requires US DOT to set motor vehicle safety standards.
NHTSA vested with authority to develop FMVSS
Both federal and California law specify that no vehicle can be sold for use on public roads unless the manufacturer certifies that it meets FMVSS.
Recognition of the federal responsibility for setting vehicle performance and safety standards

7. Testing
Keys the definition of “autonomous vehicle” to SAE levels 3, 4, and 5.
Defines a “passenger” to be someone that has no role in operating the vehicle – and cannot be charged a fee.
Defines a “remote operator” as a licensed person, not in the vehicle, monitoring vehicle operation, and can communicate with people in the vehicle.

8. Driverless Testing
Manufacturer must have a permit and evidence of financial responsibility
Notification and coordination with local authorities
Assume liability for at-fault collisions.
Communication link with remote operator
Process to exchange information in crash or traffic stop
Vehicles either meet FMVSS, have an exemption from NHTSA, or are experimental vehicles under the FAST Act

9. Driverless Testing
Identify the operational design domain and provide updates if there is a change in the ODD.
Law Enforcement Interaction Plan:
- How to communicate with remote operator.
- Where to find owner, registration, and proof of insurance information in vehicle.
- How to turn of autonomous mode.
- How to interact with electric and hybrids.
- Description of the ODD.
- How to verify the training and license of the remote operator.

10. Driverless Testing
Must have a training program for the remote operators
Submit a copy of the Safety Assessment Letter prepared for NHTSA
Disclose to passengers what personal information is being collected
Submit accident and disengagement reports

11. Deployment Operation outside of testing
By people other than employees of the manufacturer
Including the sale or lease of a vehicle
For transportation services a fee can be charged for a ride;
SAE level 3 or above vehicles
Manufacturer must have $5 million of FR

12. Permit Requirements
Identify ODD and certify vehicle incapable of operation outside ODD
Identify commonly occurring restrictions and vehicle incapable of operating under those conditions
Vehicle must have an EDR that records AV sensor data for 30 seconds before and 5 seconds or until car comes to a stop after a crash
Certify:
- Vehicle meets FMVSS
- AV technology does not make inoperative any FMVSS
- AV technology meets FMVSS (if any) for model year of the vehicle

13. Certifications
Vehicle designed to respond to road conditions in compliance with the law
Manufacturer will at least annually make available updates related to changes in the law
Manufacturer will make available updates related to the mapping required for vehicle operation
Registered owner bears responsibility for ensuring that the vehicle is operated using the most recent updates
Self diagnostic capabilities that are industry best practices for cyber attacks
Manufacturer has conducted testing and based on the testing certifies that the vehicles are safe for deployment

14. Driverless Vehicles
Communication link so passengers can communicate with a remote operator
Must be able to provide owner, and insurance information as required by law in the event of a crash or if needed by law enforcement
Vehicles that do not have manual controls – must have an exemption from NHTSA

15. Additional Requirements
Must submit with the application for a permit:
Consumer Education Plan
Law Enforcement Interaction Plan
NHTSA Safety Assessment Letter (copy)
Test Data – related to the ODD

16. General Provisions
Privacy: disclosure of information collected not related to the operation of the vehicle; anonymize data not related to operation
Level 3 vehicles – driver responsible for safe operation when the vehicle cedes control to the driver
In Level 3, 4, or 5 vehicles the manufacturer is responsible for safe operation when the vehicle is in the autonomous mode.

17. Advertising Misstatements
Cannot advertise a vehicle as autonomous unless:
The vehicle actually meets the definition of an autonomous vehicle as provided in the regulations
The vehicle was manufactured by a licensed vehicle manufacturer that has a valid permit issued by the DMV
Use of terms that are known or should be known will lead a reasonable person to believe a vehicle is autonomous when the vehicle does not meet the definition of autonomous constitute an advertisement that can lead to discipline of the manufacturer’s license.

19. Bernard.Soriano@dmv.ca.gov 916.657.7626 @Bernard45
Contact Info