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AB-3061 Vehicles: autonomous vehicle incident reporting.(2023-2024)



Current Version: 08/31/24 - Enrolled

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AB3061:v94#DOCUMENT

Enrolled  August 31, 2024
Passed  IN  Senate  August 27, 2024
Passed  IN  Assembly  August 28, 2024
Amended  IN  Senate  August 23, 2024
Amended  IN  Senate  August 15, 2024
Amended  IN  Senate  June 12, 2024
Amended  IN  Assembly  April 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3061

Introduced by Assembly Member Haney
(Coauthor: Assembly Member Aguiar-Curry)

February 16, 2024

An act to add Section 38760 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 3061, Haney. Vehicles: autonomous vehicle incident reporting.
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, as defined, submits an application to the Department of Motor Vehicles (DMV), as specified, and that application is approved. Existing law requires the department to adopt various specified regulations relating to autonomous vehicles, including, among others, testing, equipment, and performance standards that the department concludes are necessary to ensure the safe operation of autonomous vehicle on public roads.
Commencing July 31, 2025, this bill would require a manufacturer of autonomous vehicles to report to the DMV a vehicle collision or disengagement, as defined, that occurs when a manufacturer’s vehicle is operating in autonomous mode on California public roads regardless of whether the vehicle is in the testing or deployment phase. The bill would require these reports to contain specified information and to be submitted, at minimum, on an annual basis, as specified. The bill would require these reports to be submitted on timelines adopted by the DMV that do not exceed reporting deadlines required by the federal National Highway Traffic Safety Administration. The bill would additionally, commencing July 31, 2025, require a manufacturer to submit quarterly reports to the department that summarize the vehicle miles traveled, vehicle immobilizations, and certain traffic violations, as specified. The bill would, commencing July 1, 2025, require the DMV to maintain all reports submitted pursuant to the above-described provisions and make the reports available to local and state transportation authorities upon request. The bill would, commencing January 1, 2028, require the department to publish reports in an electronic, open, and machine-readable format on the department’s internet website within 90 days of receipt, but would require the department to redact the personal information of any passengers, drivers, or other road users, and any information that divulges trade secrets identified by the autonomous vehicle manufacturer prior to releasing these reports. The bill would authorize the department to establish additional reporting requirements for purposes of these provisions by regulation. The bill would also authorize the department to establish and assess fees to recover costs reasonably incurred by the department for implementing these provisions by regulation.
This bill would incorporate additional conforming changes and references to Section 38752 of the Vehicle Code as proposed to be added by AB 1777, to be operative only if this bill and AB 1777 are both enacted.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Since 2013, the Department of Motor Vehicles (DMV) has been considering the implications of testing and deploying autonomous vehicles on California roads.
(b) The DMV convened workshops, public hearings, and ultimately adopted regulations in 2018.
(c) These regulations served as a starting point for data collection during the testing of autonomous vehicles. However, updates to the law are necessary to ensure that critical data is collected by the state for all of the following reasons:
(1) During the workshops, public hearings, and regulation drafting process, the DMV primarily considered autonomous vehicle deployment for personal vehicle use. In more recent years, the autonomous vehicle industry has pivoted rapidly toward the ride hailing industry and other autonomous vehicle services.
(2) Currently, the DMV neither collects nor reports data once an autonomous vehicle permit holder shifts from testing to a full deployment permit.
(3) In recent months, driverless vehicles have shut down and blocked intersections or have caused gridlock and obstructed emergency vehicles.
(4) There is a public interest in the highest level of transparency as the state determines the level and extent of the deployment of autonomous vehicles.
(d) Thus, a statutory minimum is essential to ensure that the need for innovation is met with public transparency and safety.

SEC. 2.

 Section 38760 is added to the Vehicle Code, immediately following Section 38755, to read:

38760.
 (a) For purposes of this section, the following definitions apply:
(1) “Disengagement” occurs when the deactivation of a vehicle’s autonomous mode is needed, a human intervention is needed, or when the autonomous technology is not able to continue performing the dynamic driving task.
(2) “Traffic citation” means a cited violation of this code and a violation of a local ordinance adopted pursuant to this code. Parking tickets shall not be included as a traffic citation pursuant to this section, except for tickets issued for double parking that obstructs public transportation.
(3) “Vehicle immobilization” means a stop on a public road when the autonomous vehicle is not able to continue the dynamic driving task for a significant amount of time. It does not include a stop intended to pick up or drop off a passenger or goods. “A significant amount of time” means at least 180 seconds, unless a shorter period of time is determined to be appropriate by the department.
(4) “Vulnerable road user” includes any person who is not an occupant of a motor vehicle with more than three wheels. This definition includes, but is not limited to, pedestrians, people traveling in wheelchairs, bicyclists, motorcyclists, and riders or occupants of other transport vehicles that are not motor vehicles, including all-terrain vehicles and tractors.
(b) Commencing July 31, 2025, a manufacturer of autonomous vehicles shall report to the Department of Motor Vehicles a vehicle collision or disengagement that occurs when a manufacturer’s vehicle is operating in autonomous mode on California public roads. These reports shall apply to all autonomous vehicles permitted by the department, regardless of whether the vehicle is operating under a testing or deployment permit.
(c) An incident report related to a vehicle collision submitted pursuant to subdivision (b) shall include, but is not limited to, all of the following information:
(1) A detailed narrative of the collision, including any relevant precollision and postcollision information. Relevant precollision and postcollision information includes activity from 30 seconds before a collision through the conclusion of the collision.
(2) The total number of passengers.
(3) The road and traffic conditions at the time of the collision.
(4) Any interactions with road users or obstacles on the road.
(5) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(6) The vehicle identification number of the autonomous vehicle.
(7) Whether a safety driver was present.
(8) The latitude and longitude coordinates of the collision with five decimal precision.
(9) The date and time of the collision in coordinated universal time format.
(10) Any additional information reported to the federal National Highway Traffic Safety Administration (NHTSA) that does not contain personal information.
(d) An incident report related to autonomous vehicle disengagements submitted pursuant to subdivision (b) shall be, at minimum, submitted on an annual basis, unless the department establishes a more frequent timeline, and contain, at minimum, all of the following information:
(1) The latitude and longitude coordinates of the disengagement with five decimal precision.
(2) Whether the vehicle was operating with or without a test driver at the time of the disengagement.
(3) A description of the facts and circumstances of the disengagement, including weather conditions, road surface conditions, traffic conditions, construction, emergencies, or collisions. The description shall be written in plain language with enough detail that a nontechnical person can understand the circumstances triggering the disengagement. The report shall identify the party that initiated the vehicle’s disengagement, including the vehicle’s autonomous technology, the autonomous vehicle safety driver, the remote operator, or a passenger.
(e) All collision reports submitted pursuant to subdivision (b) shall be submitted on the timelines adopted by the department that shall not exceed the reporting deadlines required by the federal NHTSA.
(f) Commencing July 31, 2025, a manufacturer shall submit to the department quarterly reports summarizing in tabular format all reports that were submitted pursuant to subdivision (b) in the previous three months. The quarterly reports shall include a summary of vehicle miles traveled, vehicle immobilizations, and any traffic citations that have not been dismissed at the time of submission of the report.
(g) A summary report of vehicle miles traveled submitted pursuant to subdivision (f) shall include, but is not limited to, all of the following information:
(1) The manufacturer.
(2) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(3) The vehicle identification number of the autonomous vehicle operating on California public roads during the reporting period.
(4) The county.
(5) The municipality.
(6) The month and year.
(7) The total vehicle miles traveled on public roads, broken down by county.
(8) The vehicle miles traveled when the vehicle was controlled by a safety driver or remote operator.
(9) The vehicle miles traveled on public roads when the vehicle was operated in autonomous mode and a test driver was present.
(10) The vehicle miles traveled when the vehicle was controlled by the autonomous technology and a safety driver was not present.
(h) A summary report of vehicle immobilizations submitted pursuant to subdivision (f) shall include, but is not limited to, all of the following information:
(1) The manufacturer.
(2) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(3) The vehicle identification number of the autonomous vehicle operating on California public roads during the reporting period.
(4) The number of passengers.
(5) Road and weather conditions at the time of the vehicle immobilization.
(6) The latitude and longitude coordinates of the vehicle immobilization with five decimal precision.
(7) The date and time of the vehicle immobilization in coordinated universal time format.
(8) The total duration of the vehicle immobilization measured in seconds from the beginning of the vehicle immobilization to when the stop is resolved and the autonomous vehicle is no longer blocking the active travel lane.
(9) Whether the vehicle immobilization obstructed a general-purpose lane, transit-only lane, bike lane, intersection, rail track, an emergency response vehicle, or an emergency response scene.
(10) A narrative description of the vehicle immobilization, including how the stop was resolved.
(i) A summary report of traffic violations that resulted in a citation and have not been dismissed, submitted pursuant to subdivision (f), shall contain, but is not limited to, all of the following information:
(1) The specific state or local traffic law or regulation that was the basis of the citation.
(2) The circumstances that led to the issuance of the citation.
(3) Any actions taken by the autonomous vehicle manufacturer to contest or accept the citation.
(4) Any justification offered for the citation.
(5) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(6) The vehicle identification number of the autonomous vehicle.
(7) Whether a safety driver was present.
(8) Whether a safety driver, remote operator, or the automated technology was in control of the vehicle at the time of the violation.
(j) (1) Commencing July 1, 2025, the department shall maintain all reports submitted pursuant to this section and make the reports available upon request by local and state transportation authorities.
(2) Commencing January 1, 2028, the department shall publish all reports submitted pursuant to this section in an electronic, open, and machine-readable format on the department’s internet website within 90 days of receipt.
(k) (1) Commencing January 1, 2028, the department shall redact the personal information of any passengers, drivers, or other road users, and any information that divulges trade secrets identified by the autonomous vehicle manufacturer prior to releasing any report.
(2) The department may redact information on vehicles not owned or operated by a manufacturer.
(3) The department shall provide the relevant autonomous vehicle manufacturer an opportunity to identify any information that divulges trade secrets that should potentially be redacted pursuant to paragraph (1). A manufacturer bears the burden of proving the reasons why the department shall withhold any information, or any portion thereof, from the public. To request confidential treatment of information submitted to the department, a manufacturer must designate each page, section, or field, or any portion thereof, as confidential. If only a certain portion of information is claimed to be confidential, then only that portion rather than the entire submission should be designated as confidential.
(l) The department may establish additional reporting requirements for manufacturers for purposes of this section by regulation.
(m) The department may establish and assess fees to recover costs reasonably incurred by the department for implementing this section by regulation.

SEC. 2.5.

 Section 38760 is added to the Vehicle Code, immediately following Section 38755, to read:

38760.
 (a) For purposes of this section, the following definitions apply:
(1) “Disengagement” occurs when the deactivation of a vehicle’s autonomous mode is needed, a human intervention is needed, or when the autonomous technology is not able to continue performing the dynamic driving task.
(2) “Vehicle immobilization” means a stop on a public road when the autonomous vehicle is not able to continue the dynamic driving task for a significant amount of time. It does not include a stop intended to pick up or drop off a passenger or goods. “A significant amount of time” means at least 180 seconds, unless a shorter period of time is determined to be appropriate by the department.
(3) “Vulnerable road user” includes any person who is not an occupant of a motor vehicle with more than three wheels. This definition includes, but is not limited to, pedestrians, people traveling in wheelchairs, bicyclists, motorcyclists, and riders or occupants of other transport vehicles that are not motor vehicles, including all-terrain vehicles and tractors.
(b) Commencing July 31, 2025, a manufacturer of autonomous vehicles shall report to the Department of Motor Vehicles a vehicle collision or disengagement that occurs when a manufacturer’s vehicle is operating in autonomous mode on California public roads. These reports shall apply to all autonomous vehicles permitted by the department, regardless of whether the vehicle is operating under a testing or deployment permit.
(c) An incident report related to a vehicle collision submitted pursuant to subdivision (b) shall include, but is not limited to, all of the following information:
(1) A detailed narrative of the collision, including any relevant precollision and postcollision information. Relevant precollision and postcollision information includes activity from 30 seconds before a collision through the conclusion of the collision.
(2) The total number of passengers.
(3) The road and traffic conditions at the time of the collision.
(4) Any interactions with road users or obstacles on the road.
(5) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(6) The vehicle identification number of the autonomous vehicle.
(7) Whether a safety driver was present.
(8) The latitude and longitude coordinates of the collision with five decimal precision.
(9) The date and time of the collision in coordinated universal time format.
(10) Any additional information reported to the federal National Highway Traffic Safety Administration (NHTSA) that does not contain personal information.
(d) An incident report related to autonomous vehicle disengagements submitted pursuant to subdivision (b) shall be, at minimum, submitted on an annual basis, unless the department establishes a more frequent timeline, and contain, at minimum, all of the following information:
(1) The latitude and longitude coordinates of the disengagement with five decimal precision.
(2) Whether the vehicle was operating with or without a test driver at the time of the disengagement.
(3) A description of the facts and circumstances of the disengagement, including weather conditions, road surface conditions, traffic conditions, construction, emergencies, or collisions. The description shall be written in plain language with enough detail that a nontechnical person can understand the circumstances triggering the disengagement. The report shall identify the party that initiated the vehicle’s disengagement, including the vehicle’s autonomous technology, the autonomous vehicle safety driver, the remote operator, or a passenger.
(e) All collision reports submitted pursuant to subdivision (b) shall be submitted on the timelines adopted by the department that shall not exceed the reporting deadlines required by the federal NHTSA.
(f) Commencing July 31, 2025, a manufacturer shall submit to the department quarterly reports summarizing in tabular format all reports that were submitted pursuant to subdivision (b) in the previous three months. The quarterly reports shall include a summary of vehicle miles traveled, vehicle immobilizations, and any notices of autonomous vehicle noncompliance, as defined in Section 38752, issued.
(g) A summary report of vehicle miles traveled submitted pursuant to subdivision (f) shall include, but is not limited to, all of the following information:
(1) The manufacturer.
(2) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(3) The vehicle identification number of the autonomous vehicle operating on California public roads during the reporting period.
(4) The county.
(5) The municipality.
(6) The month and year.
(7) The total vehicle miles traveled on public roads, broken down by county.
(8) The vehicle miles traveled when the vehicle was controlled by a safety driver or remote operator.
(9) The vehicle miles traveled on public roads when the vehicle was operated in autonomous mode and a test driver was present.
(10) The vehicle miles traveled when the vehicle was controlled by the autonomous technology and a safety driver was not present.
(h) A summary report of vehicle immobilizations submitted pursuant to subdivision (f) shall include, but is not limited to, all of the following information:
(1) The manufacturer.
(2) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(3) The vehicle identification number of the autonomous vehicle operating on California public roads during the reporting period.
(4) The number of passengers.
(5) Road and weather conditions at the time of the vehicle immobilization.
(6) The latitude and longitude coordinates of the vehicle immobilization with five decimal precision.
(7) The date and time of the vehicle immobilization in coordinated universal time format.
(8) The total duration of the vehicle immobilization measured in seconds from the beginning of the vehicle immobilization to when the stop is resolved and the autonomous vehicle is no longer blocking the active travel lane.
(9) Whether the vehicle immobilization obstructed a general-purpose lane, transit-only lane, bike lane, intersection, rail track, an emergency response vehicle, or an emergency response scene.
(10) A narrative description of the vehicle immobilization, including how the stop was resolved.
(i) A summary report of notices of autonomous vehicle noncompliance issued, submitted pursuant to subdivision (f), shall contain, but is not limited to, all of the following information:
(1) The specific state or local traffic law or regulation that was the basis for the issuance of the notice.
(2) The circumstances that led to the issuance of the notice.
(3) Any actions taken by the autonomous vehicle manufacturer to contest or accept the notice.
(4) Any justification offered for the actions that resulted in the issuance of the notice.
(5) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(6) The vehicle identification number of the autonomous vehicle.
(7) Whether a safety driver was present.
(8) Whether a safety driver, remote operator, or the automated technology was in control of the vehicle at the time the notice was issued.
(j) (1) Commencing July 1, 2025, the department shall maintain all reports submitted pursuant to this section and make the reports available upon request by local and state transportation authorities.
(2) Commencing January 1, 2028, the department shall publish all reports submitted pursuant to this section in an electronic, open, and machine-readable format on the department’s internet website within 90 days of receipt.
(k) (1) Commencing January 1, 2028, the department shall redact the personal information of any passengers, drivers, or other road users, and any information that divulges trade secrets identified by the autonomous vehicle manufacturer prior to releasing any report.
(2) The department may redact information on vehicles not owned or operated by a manufacturer.
(3) The department shall provide the relevant autonomous vehicle manufacturer an opportunity to identify any information that divulges trade secrets that should potentially be redacted pursuant to paragraph (1). A manufacturer bears the burden of proving the reasons why the department shall withhold any information, or any portion thereof, from the public. To request confidential treatment of information submitted to the department, a manufacturer must designate each page, section, or field, or any portion thereof, as confidential. If only a certain portion of information is claimed to be confidential, then only that portion rather than the entire submission should be designated as confidential.
(l) The department may establish additional reporting requirements for manufacturers for purposes of this section by regulation.
(m) The department may establish and assess fees to recover costs reasonably incurred by the department for implementing this section by regulation.

SEC. 3.

 Section 2.5 of this bill incorporates additional conforming changes and references to Section 38752 of the Vehicle Code as proposed to be added by Assembly Bill 1777. That section of this bill shall only become operative if both bills are enacted and become effective on or before January 1, 2025, in which case Section 2 of this bill shall not become operative.