Less than a year after the initial release of draft autonomous vehicle regulations, the California DMV has changed course, issuing revised draft regulations that would not require self-driving cars to have steering wheels or brake pedals to be deployed on public roads in the state. The revision comes on the heels of the National Highway Traffic and Safety Administration’s release of a Federal Automated Vehicles Policy last month which would not require either technology under federal regulations. The new draft regulations will have their first public hearing on October 19 in Sacramento, with a public comment period sure to follow. Interested local governments should begin considering the implications of these regulations to ensure the finalized regulations reflect their interests and preserve local control over areas necessary to the safe mainstreaming of this technology.
In order to test an autonomous vehicle without a driver present inside the vehicle, manufacturers must submit an application indicating they are conducting testing in cooperation with local authorities. That application must reference an ordinance or resolution passed by local authorities that specifies the geographic area within the jurisdiction that the vehicles may be operated. These new regulations guarantee an important role for local governments in the testing and early-stage deployment of autonomous vehicles by requiring manufacturers to work directly with local governments prior to deploying their cars, and to ensure any testing is done within parameters established by local regulators. The DMV indicates the regulations are aimed to ensure communities are aware of and have the opportunity to provide input on the locations and conditions in which driverless vehicles will be tested on their local streets. The regulations also require manufacturers to certify compliance with the California Vehicle Code and any local regulations applicable to the operation of motor vehicles.
In addition, the new regulations require manufacturers to self-certify to meeting NHTSA’s vehicle performance guidelines, provide mechanisms for law enforcement to interact with autonomous vehicles, and address advertising of autonomous vehicle capabilities, limiting the use of terms like “self-driving,” “autonomous” and the like to use only in fully driverless cars.
These new regulations bring California into line with NHTSA’s proposed regulations and pave the way towards a system of robust regulations that aim to foster innovation while including local governments throughout the process. Driverless cars will effect virtually every aspect of our daily lives, and the DMV’s proposed regulations take into account the valuable role local regulators play in keeping roads, and the communities they lead to, safe while opening them up to the possibilities of the future.
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