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

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Date Published: 04/16/2024 09:00 PM
AB3061:v98#DOCUMENT

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, as amended, 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 any vehicle collision, traffic violation, or disengagement, as defined, or the assault or harassment of any passenger or safety driver, that involves a manufacturer’s vehicle in California 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 the time the incident is identified by the manufacturer. The bill would require these reports to be submitted on a timeline adopted by the DMV that is required to be equal to or shorter than the reporting deadlines required by the federal National Highway Traffic Safety Administration. The bill would require the DMV, in consultation with the Department of the California Highway Patrol, the Public Utilities Commission, and any other public entity it deems necessary, to create and publish an autonomous vehicle incident form and a form to allow for the aggregate analysis of autonomous vehicle safety by no later than July 1, 2025. The bill would require the DMV to publish all reports submitted pursuant to these provisions in an electronic, open, and machine-readable format on the department’s internet website within 30 days of receipt. The bill would require the DMV to impose specified fines for violations of the reporting provisions and to suspend or revoke the testing and deployment permit of any manufacturer while an investigation of any violations is pending. The bill would also authorize members of the public or public entities with direct evidence of an incident to submit an autonomous vehicle incident report, as specified.

The bill would make related findings and declarations.

Commencing July 31, 2025, this bill would require a manufacturer of autonomous vehicles to report to the DMV a vehicle collision, traffic violation, or disengagement, as defined, or a barrier to access or incident of discrimination for a passenger with a disability, that involves a manufacturer’s vehicle in California 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 the time the incident is identified by the manufacturer. The bill would require these reports to be submitted on a timeline adopted by the DMV that does not exceed reporting deadlines required by the federal National Highway Traffic Safety Administration. The bill would additionally require a manufacturer to submit quarterly reports to the department that summarize the above-mentioned reports, vehicle miles traveled, unplanned stops, and wheelchair-accessible services, as specified. The bill would require the DMV, in consultation with the Department of the California Highway Patrol, the Public Utilities Commission, and any other public entity it deems necessary, to create and publish an autonomous vehicle incident form and a form to report data required by these provisions by no later than July 1, 2025. The bill would require the DMV to publish all reports submitted pursuant to these provisions in an electronic, open, and machine-readable format on the department’s internet website within 30 days of receipt, as specified. The bill would authorize the DMV to impose specified fines for violations of the reporting provisions and to suspend or revoke the testing and deployment permit of any manufacturer while an investigation of any violations is pending. The bill would also authorize members of the public or public entities with direct evidence of an incident to submit an autonomous vehicle incident report, as specified.
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) The data collected by the DMV is inconsistent with the data provided to the federal National Highway Traffic Safety Administration by autonomous vehicle companies operating in California.
(3) Currently, the DMV neither collects nor reports data once an autonomous vehicle permit holder shifts from testing to a full deployment permit.
(4) In recent months, driverless vehicles have shut down and blocked intersections or have caused gridlock and obstructed emergency vehicles.
(5) 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)Commencing July 31, 2025, a manufacturer of autonomous vehicles shall report to the Department of Motor Vehicles (DMV) any vehicle collision, traffic violation, or disengagement, or the assault or harassment of any passenger or safety driver, that involves a manufacturer’s vehicle in California. These reports shall be submitted at the time the incident is identified by the manufacturer using the forms described in subdivision (g) and shall apply to all autonomous vehicles permitted by the department, regardless of whether the vehicle is in the testing or deployment phase.

(b)An incident report related to vehicle collisions submitted pursuant to this section 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.

(2)The cause of the collision.

(3)Any passenger interactions.

(4)The road and traffic conditions at the time of the collision.

(5)Any interactions with road users or obstacles on the road.

(6)Vehicle performance data.

(7)Injury and property damage details.

(8)The status of the autonomous vehicle’s technology at the time of the collision.

(9)Any additional information reported to the federal National Highway Traffic Safety Administration (NHTSA).

(c)An incident report related to a traffic violation submitted pursuant to this section shall contain, but is not limited to, all of the following information:

(1)The specific traffic law or regulation that was violated, including any official record of an issued traffic violation or citation.

(2)The circumstances that led to the violation.

(3)Any actions taken by the autonomous vehicle or other involved parties in response to the violation.

(4)Any justification offered for the violation.

(d)An incident report related to autonomous vehicle disengagements submitted pursuant to this section shall contain, but is not limited to, all of the following information:

(1)The location at which the disengagement occurred, including whether the location was an interstate, freeway, highway, rural road, street, or parking facility.

(2)Whether the vehicle was operating with or without a 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 test driver, the remote operator, or a passenger.

(e)(1)An incident report related to assault and harassment, both sexual and nonsexual, that involved passengers or safety drivers.

(2)Disclosures under this subdivision shall include a detailed description of the incident, including the nature of the assault or harassment, the approximate ages and gender identities of the parties to the incident, how the manufacturer addressed the incident, and any changes to company policies or protocol that will be made in response to the incident.

(3)Disclosures under this subdivision shall be made without compromising the privacy and confidentiality of the individuals involved. All such disclosures shall comply with applicable privacy laws and regulations.

(f)All reports submitted pursuant to this section shall be submitted on a timeline adopted by the department that shall be equal to or shorter than the reporting deadlines required by the federal NHTSA.

(g)The department, in consultation with the Department of the California Highway Patrol, the Public Utilities Commission, and any other public entity it deems necessary, shall create and publish the following forms by no later than July 1, 2025:

(1)An autonomous vehicle incident form for the reporting of autonomous vehicle incidents required by subdivisions (b) to (e), inclusive.

(2)A form to collect data for the aggregate analysis of autonomous vehicle safety.

(h)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 30 days of receipt. The reports published pursuant to this subdivision shall be anonymized to remove identifiable personal information of any passengers or drivers.

(i)(1)The department shall impose a fine of no less than twenty-six thousand three hundred fifteen dollars ($26,315) per day for a violation of this section and shall impose a fine of up to one hundred thirty-one million five hundred sixty-four thousand one hundred eighty-three dollars ($131,564,183) for a related series of violations, consistent with the Second Amended Standing General Order 2021–01 of the federal NHTSA. A false report submitted under this section shall constitute a violation of this section.

(2)The department shall establish a fine structure with a multiplier for subsequent violations.

(3)The department shall suspend or revoke the manufacturer’s testing and deployment permit of any manufacturer while an investigation is pending for a violation of this section.

(j)(1)Members of the public or public entities with direct evidence of an incident may submit a true and accurate autonomous vehicle incident report covering an autonomous vehicle.

(2)The department shall determine if the submission is credible and notify the submitting party of the department’s determination within 30 days of receiving the report.

(3)If the submission is deemed credible, the department shall give the manufacturer of the autonomous vehicle identified in the report 30 days to investigate and respond. The manufacturer shall either inform the department that it disputes the veracity of the report, with evidence to support its determination, or provide the manufacturer’s own incident report.

(4)The department shall notify the submitting party of any response by the manufacturer.

(5)Notwithstanding subdivision (h), a report submitted pursuant to this subdivision shall only be published after the department receives a response by the manufacturer pursuant to paragraph (3). Disputed reports shall be published in a separate manner that clearly notes the dispute.

(6)Reports that are not deemed credible by the department shall not be published.

(k)For the purposes of this section, “disengagement” means the deactivation of a vehicle’s autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle requires a test driver or remote operator to disengage the autonomous mode and take immediate manual control of the vehicle, or in the case of driverless vehicles, when the safety of the vehicle, the occupants of the vehicle, or the public requires that the autonomous technology be deactivated.

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” means the deactivation of a vehicle’s autonomous mode when a failure of the autonomous technology is detected or when the safe operation of the vehicle requires a test driver or remote operator to disengage the autonomous mode and take immediate manual control of the vehicle, or in the case of driverless vehicles, when the safety of the vehicle, the occupants of the vehicle, or the public requires that the autonomous technology be deactivated.
(2) “Traffic violation” includes, but is not limited to, a violation of this code and a violation of a local ordinance adopted pursuant to this code.
(3) “Unplanned stop” means a stop in a roadway for a minimum of 90 seconds when the conditions on the road require traffic flow. It does not include a stop intended to pick up or drop off a passenger.
(b) Commencing July 31, 2025, a manufacturer of autonomous vehicles shall report to the Department of Motor Vehicles a vehicle collision, traffic violation, or disengagement, or a barrier to access or incident of discrimination for a passenger with a disability, that involves a manufacturer’s vehicle in California. These reports shall be submitted by the manufacturer using the forms described in subdivision (l) and shall apply to all autonomous vehicles permitted by the department, regardless of whether the vehicle is in the testing or deployment phase.
(c) An incident report related to vehicle collisions 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 90 seconds before a collision to when the involved vehicles leave the scene or first responders arrive on scene.
(2) The total number of passengers and any passenger interactions.
(3) The road and traffic conditions at the time of the collision.
(4) Any interactions with road users or obstacles on the road.
(5) Information related to the performance of the autonomous vehicle system, including whether the autonomous technology was engaged within 30 seconds of the collision, precollision movement and speed, telematics data, and narrative description.
(6) Injury and property damage details.
(7) The permit number for the testing or deployment permit issued by the department and the Public Utilities Commission for the autonomous vehicle, if applicable.
(8) The vehicle identification number of the autonomous vehicle.
(9) The license plate number of the autonomous vehicle.
(10) Whether a safety driver was present.
(11) The latitude and longitude coordinates of the collision with five decimal precision.
(12) A timestamp of the collision in coordinated universal time format.
(13) Any additional information reported to the federal National Highway Traffic Safety Administration (NHTSA) that does not contain personally identifiable information.
(d) An incident report related to a traffic violation submitted pursuant to subdivision (b) shall contain, but is not limited to, all of the following information:
(1) The specific state or local traffic law or regulation that was violated.
(2) The circumstances that led to the violation.
(3) Any actions taken by the autonomous vehicle or other involved parties to contest or accept the violation.
(4) Any justification offered for the violation.
(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) The license plate number of the autonomous vehicle.
(8) Whether a safety driver was present.
(9) Whether a safety driver, remote operator, or the automated technology was in control of the vehicle at the time of the violation.
(e) An incident report related to autonomous vehicle disengagements submitted pursuant to subdivision (b) shall contain, but is not limited to, all of the following information:
(1) The location at which the disengagement occurred, including whether the location was an interstate, freeway, highway, rural road, street, or parking facility.
(2) Whether the vehicle was operating with or without a 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 test driver, the remote operator, or a passenger.
(f) An incident report related to an incident of discrimination or a barrier to access for a passenger with a disability submitted pursuant to subdivision (b) shall contain, but is not limited to, all of the following information:
(1) The date, time, and location of the incident and the vehicle identification number or license plate of the autonomous vehicle.
(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) Anonymized information about the passenger’s disability and any accommodations requested by the passenger, whether the requested accommodation was provided, and whether the passenger completed the trip requested.
(4) Any complaints or grievances, with the passenger’s name redacted, filed by the passenger about the autonomous vehicle service and the outcome of the complaint or grievance.
(g) (1) All reports submitted pursuant to subdivision (b) shall be submitted on a timeline adopted by the department that shall not exceed the reporting deadlines required by the federal NHTSA.
(2) If an incident results in a fatality or serious injury, or involves a vulnerable road user, the report shall be submitted within one calendar day.
(3) If an incident results in a vehicle being towed or air bag deployment, the report shall be submitted within five calendar days.
(4) If the autonomous technology was engaged 30 seconds before a collision, the report shall be submitted within 30 calendar days.
(h) Commencing July 31, 2025, a manufacturer of autonomous vehicles 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, unplanned stops, and wheelchair-accessible services.
(i) A summary report of vehicle miles traveled submitted pursuant to subdivision (h) 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.
(4) The license plate number of the autonomous vehicle.
(5) The county.
(6) The municipality.
(7) The month and year.
(8) The total vehicle miles traveled.
(9) The vehicle miles traveled when the vehicle was controlled by a safety driver or remote operator.
(10) The vehicle miles traveled when the vehicle was controlled by the autonomous technology and a safety driver was present.
(11) The vehicle miles traveled when the vehicle was controlled by the autonomous technology and a safety driver was not present.
(j) A summary report of unplanned stops submitted pursuant to subdivision (h) 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.
(4) The license plate number of the autonomous vehicle.
(5) Whether the automated technology was engaged 30 seconds before the unplanned stop.
(6) The number of passengers.
(7) Whether a safety driver was present at the time of the unplanned stop.
(8) Road and weather conditions at the time of the unplanned stop.
(9) The type of location where the unplanned stop occurred, including, but not limited to, an interstate, freeway, highway, rural road, or parking facility.
(10) A timestamp of the unplanned stop in coordinated universal time format.
(11) The duration of the unplanned stop measured in seconds from the beginning of the stop to when the stop is resolved and the autonomous vehicle is no longer blocking the public right-of-way.
(12) Whether the unplanned stop obstructed a general-purpose lane, transit-only lane, bike lane, intersection, rail track, an emergency response vehicle, or an emergency response scene.
(13) A description of the cause of the unplanned stop.
(14) A description of how the unplanned stop was resolved, including whether the vehicle drove away or was removed by the autonomous technology, a remote operator, or a tow truck.
(15) The unplanned stop identification number.
(16) A narrative description of the unplanned stop.
(k) A summary report of wheelchair-accessible services submitted pursuant to subdivision (h) shall include, but is not limited to, all of the following information:
(1) The number of wheelchair-accessible autonomous vehicles in operation and the number of nonwheelchair-accessible autonomous vehicles in operation.
(2) The number of wheelchair-accessible autonomous vehicle trips requested by the public and the number of nonwheelchair-accessible autonomous vehicle trips requested by the public.
(3) The number of wheelchair-accessible autonomous vehicle trips accepted, canceled, and completed, and the number of nonwheelchair-accessible autonomous vehicle trips accepted, canceled, and completed.
(4) The average wait time for a wheelchair-accessible autonomous vehicle and the average wait time for a nonwheelchair-accessible autonomous vehicle.
(5) The service area for wheelchair-accessible autonomous vehicles and the service area for nonwheelchair-accessible autonomous vehicles.
(l) The department, in consultation with the Department of the California Highway Patrol, the Public Utilities Commission, and any other public entity it deems necessary, shall create and publish the following forms by no later than July 1, 2025:
(1) An autonomous vehicle incident form for the reporting of autonomous vehicle incidents required by subdivision (b).
(2) A form for the reporting of data required by subdivision (h).
(m) 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 30 days of receipt. The reports published pursuant to this subdivision shall not be redacted in any capacity except to remove identifiable personal information of any passengers or drivers.
(n) The department and the Public Utilities Commission shall post on their respective internet websites all relevant information about autonomous vehicle permit applications and approvals, including, but not limited to, the geographic extent of the operational design domain, the hours of operation, fleet size, permitted weather conditions, facility types, and operating speeds. If a permit is suspended or altered in any way, the department and the Public Utilities Commission shall post the new permit conditions and cause or basis for the change.
(o) (1) The department may impose a fine of up to twenty-six thousand three hundred fifteen dollars ($26,315) per day for a violation of this section and may impose a fine of up to one hundred thirty-one million five hundred sixty-four thousand one hundred eighty-three dollars ($131,564,183) for a related series of violations, consistent with the Second Amended Standing General Order 2021–01 of the federal NHTSA. A false report submitted under this section shall constitute a violation of this section.
(2) The department shall establish a fine structure with a multiplier for subsequent violations.
(3) The department may suspend or revoke the manufacturer’s testing and deployment permit of any manufacturer while an investigation is pending for a violation of this section.
(p) (1) Members of the public or public entities with direct evidence of an incident may submit a true and accurate autonomous vehicle incident report covering an autonomous vehicle.
(2) The department shall determine if the submission is credible and notify the submitting party of the department’s determination within 30 days of receiving the report.
(3) If the submission is deemed credible, the department shall give the manufacturer of the autonomous vehicle identified in the report 30 days to investigate and respond. The manufacturer shall either inform the department that it disputes the veracity of the report, with evidence to support its determination, or provide the manufacturer’s own incident report.
(4) The department shall notify the submitting party of any response by the manufacturer.
(5) Notwithstanding subdivision (m), a report submitted pursuant to this subdivision shall only be published after the department receives a response by the manufacturer pursuant to paragraph (3). Disputed reports shall be published in a separate manner that clearly notes the dispute.
(6) Reports that are not deemed credible by the department shall not be published.