California DMV Releases Draft Requirements for Public Deployment of Driverless Cars

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The California Department of Motor Vehicles released draft autonomous vehicle deployment regulations for public comments this week, taking early steps toward allowing the public to operate driverless cars in California. The regulations focus on safety of autonomous vehicles and the drivers who will share the road with them. The DMV is seeking public comment before initiating the formal regulatory rulemaking process.

The regulations require manufacturers to certify compliance with specific autonomous vehicle safety and performance requirements, including that the vehicle performs specified behavioral competencies and that the safety plan includes:

  • a process for hazard identification;
  • a process for identified hazard assessments;
  • the development of requirements that reduce and eliminate those hazards;
  • the development of a comprehensive testing program ensuring effective verification and validation of the hazard mitigation measures; and
  • an internal process to continually review and monitor for hazards.

The regulations require that a licensed driver be in the vehicle at all times, and that the driver is capable of taking control in the event of a technology failure or other emergency situation. Each manufacturer will be approved for a three-year deployment permit, which will include requirements to regularly report on the performance, safety and usage of autonomous vehicles. Data collected throughout the permit terms will provide an opportunity to evaluate the safety and real-world performance of autonomous vehicles and inform subsequent regulatory actions by the Department. Manufacturers will also be required to disclose to the operator if information is collected beyond what is required to operate the vehicle. Manufacturers will be required to obtain approval to collect any additional information. All driverless cars will be equipped with self-diagnostic capabilities that detect and respond to cyber-attacks or other unauthorized intrusions, alert the operator, and allow the operator to override and retake control of the vehicle.

Both Google and Lt. Gov. Gavin Newsom expressed displeasure at the regulations, indicating their strictness would slow innovation and risk giving driverless car manufacturers a reason to take their experiments to another state.

Cities should expect to see driverless cars on their roads in the very near future, with deployment available as soon as the regulations are finalized and permits issued. The arrival of the first driverless cars will bring with it added public safety concerns, as autonomous vehicles learn to operate in a mixed driver and driverless environment, and human operators adjust to the driving patterns of autonomous vehicles.

The DMV is holding two workshops to discuss the draft regulations, one in Northern California on Jan. 28, and another in Southern California on Feb. 2. The full text of the regulations is available here. Cities should consider participating to ensure their concerns are heard, and that local governments have an influence on the final regulations.

Everything from transportation planning and infrastructure to land use for parking will be effected by this technology, and the way that localities think about transportation and related resources over the next few years needs to take into account the oncoming future. Driverless cars are in the fast lane, and local governments need to be prepared before they find themselves stuck in the slow lane.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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