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

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. 38750 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. Contact Info Bernard.Soriano@dmv.ca.gov 916.657.7626 @Bernard45