California Department of Motor Vehicles
Autonomous Vehicle Proposed Regulations
Fact Sheet
April 25, 2017
Background
Vehicle Code 38750 required the DMV to develop regulations that allow for the
safe testing and operation of autonomous vehicles in California.
In September 2016, the DMV released revised draft regulations for testing
without a driver and deployment of autonomous vehicles, including vehicles
that do not require a driver.
The department received substantive feedback from manufacturers, consumer
advocates, local government, insurance companies, and other stakeholders.
Following a review of this feedback, the DMV revised the draft regulations and
on March 10, 2017, the California Office of Administrative Law published the
proposed autonomous vehicle regulations, which began the formal rulemaking
process.
The proposed regulations amend the existing testing regulations to allow for
completely driverless testing. In other words, testing autonomous vehicles on
public roadways without the presence of a driver. Such testing will provide realworld validation of autonomous vehicle capabilities and develop public
understanding and acceptance of autonomous technology.
The regulations also provide a clear path for the deployment of autonomous
vehicles, including vehicles that do not require a driver.
PROPOSED REGULATIONS HIGHLIGHTS:
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The proposed regulations recognize the National Highway Traffic Safety
Administration's (NHTSA's) role in establishing and enforcing motor vehicle
safety standards.
For both testing without a driver and deployment, manufacturers will
certify that their vehicles comply with Federal Motor Vehicle Safety
Standards or provide evidence of an exemption from NHTSA.
As further evidence that the manufacturer is collaborating with NHTSA on
vehicle safety, manufacturers will provide a copy of the safety assessment
letter submitted to NHTSA, pursuant to the “Vehicle Performance
Guidance for Automated Vehicles.” There is no longer a requirement that
manufacturers "certify" to compliance with NHTSA's Vehicle Performance
Guidance.

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 California Department of Motor Vehicles
Autonomous Vehicle Proposed Regulations
Fact Sheet
April 25, 2017
Driverless Testing
The driverless testing regulations create a framework for the safe testing of
autonomous vehicles without a driver on public roads.
Prior to testing without a driver, manufacturers will certify that the vehicles have
been tested under controlled conditions that simulate, as closely as possible, the
operational design domain of the vehicle.
Manufacturers will certify that they have notified and coordinated with local
jurisdictions on their plans for driverless testing. This requirement will ensure
communities are aware of a manufacturer’s intention to test driverless vehicles
on their local streets, while providing greater flexibility than the previously
proposed requirement for a local ordinance or resolution.
In order to assist state and local law enforcement and first responders as they
interact with driverless vehicles in the course of enforcing traffic safety laws and
responding to emergency situations, manufacturers will be required to develop
a law enforcement interaction plan.
Members of the public can ride in autonomous test vehicles as passengers, but
they cannot be charged a fee. Manufacturers must also disclose any personal
information that will be collected by driverless test vehicles.
Manufacturers must describe how their driverless test vehicles will be monitored
and provide training to remote operators. A two-way communication link will
enable communication between a remote operator and any passengers in the
vehicles.
Consistent with the current testing regulations, manufacturers will be required to
report any accidents and unplanned disengagements of autonomous control
that occur during testing without a driver.
The testing permit term will be two years.

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 California Department of Motor Vehicles
Autonomous Vehicle Proposed Regulations
Fact Sheet
April 25, 2017
Deployment
As for the deployment of autonomous vehicles, deployment is defined as
operation of autonomous vehicles by members of the public, including the sale
or lease of vehicles, charging a fee for transportation services, or otherwise
making the vehicle available outside of a testing program.
This includes deployment of vehicles capable of operating with or without a
driver inside the vehicle.
Under the deployment regulations, manufacturers have to certify that:
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The autonomous technology is designed to detect and respond to
roadway situations in compliance with California Vehicle Codes.



The manufacturer has conducted sufficient testing to ensure that its
autonomous vehicles are safe to operate on public roads in California.

For vehicles that do not require a driver, the requirement that manufactures test
a driverless vehicle in California for one year before seeking a deployment
permit was removed from the previous draft.
The regulations also address other key topics associated with deployment of
autonomous vehicles, including requirements for an end user education plan,
driver licensing, operator responsibility, and vehicle registration.
The previous requirement for manufacturers to provide sensor data to law
enforcement within 24 hours of a request was removed. Current practice of
obtaining a subpoena or warrant can be used by law enforcement to obtain
information needed to investigate a collision or other incident involving an
autonomous vehicle.
From a public safety perspective, it is critical that the public is given accurate
information regarding a vehicle’s automated capabilities. The language
regarding advertisements of autonomous vehicles has been refined. The
specific terms (e.g. automated, self-driving) that cannot be used to advertise
vehicles that are not autonomous was removed. Instead, the proposed
regulations use more general language that prohibits the use of any terms that
might induce a reasonably prudent person to believe a vehicle is autonomous.
The DMV anticipates the regulations will be effective by the end of the year.
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