Overview: On August 30, 2024, the California Department of Motor Vehicles (DMV) released draft regulatory language for the operation of autonomous vehicles (AVs) and is seeking informal feedback from stakeholders by October 14, 2024. This is a significant development, particularly for companies involved with autonomous heavy-duty vehicles, which have not been allowed to operate or seek a permit in California since the initial AV regulations were issued in 2018. In contrast, autonomous heavy-duty vehicles have been allowed in other states that permit AVs to operate on public roads. Key highlights of the draft regulations are below.

Regulation of Heavy-Duty vs. Light-Duty AVs

• Heavy-Duty Vehicles: The draft regulations propose lifting the current prohibition on autonomous vehicles with a gross vehicle weight rating of 10,001 pounds or greater, allowing them to be tested and deployed on specific public roads. Operation of these vehicles will be restricted to roads with a speed limit of 50 mph or greater and frontage access roads, focusing on long-haul deliveries along hub-to-hub routes.
• Light-Duty Vehicles: In contrast, light-duty vehicles have had a pathway for testing and deployment in California since the DMV's earlier regulations. The draft rules continue to regulate these vehicles while imposing new obligations.
• Shared Regulations: Both light-duty and heavy-duty vehicles will be subject to new obligations such as expanded data reporting requirements, including crash, disengagement, and "braking event" reports, indicating a broader regulatory approach affecting all AVs.

Phased Permit Process

• Shared Regulations: Manufacturers of both light-duty and heavy-duty vehicles will need to follow phased permitting processes, beginning with a Drivered Testing Permit before moving on to Driverless Testing and Deployment Permits. However, the DMV's proposals suggest more stringent requirements for heavy-duty vehicles, reflecting a cautious approach to integrating these types of vehicles on public roads.
• Heavy-Duty Vehicles: The process for heavy-duty vehicles includes rigorous requirements for testing miles and time periods before advancing to the next phase.
• Light-Duty Vehicles: The permit process for light-duty vehicles requires initial drivered testing for a certain number of days followed by driverless testing and deployment.

Data Reporting and Safety Requirements

• Heavy-Duty and Light-Duty Vehicles: The draft regulations introduce new incident reporting requirements, including by providing information in response to a Preliminary Information Notice within 24-72 hours upon the DMV's request. This is part of a broader set of safety and operational conditions that AV manufacturers must meet. In addition, the draft regulations propose requiring submission of full collision reports that are sent to the National Highway Traffic Safety Administration (NHTSA) under its Standing General Order 2021-01, as well as monthly reporting of disengagements and braking events.

First Responder Interactions

• Heavy-Duty and Light-Duty Vehicles: The draft regulations include specific provisions to ensure that heavy-duty and light-duty AVs can interact effectively with first responders, requiring advanced communication systems and frequent updates to law enforcement interaction plans. For example, the draft regulations would require enabling two-way communications between AVs and first responders, displaying an external indicator visible to first responders, and recognizing and responding to "avoidance zones" communicated by public safety agencies.
• Heavy-Duty Vehicles: The draft regulations establish additional requirements regarding law enforcement interaction plans for heavy-duty AVs, which would need to include information related to interactions with law enforcement during a vehicle inspection.

Remote Driver and Assistant Regulations

• Heavy-Duty Vehicles: The regulations set forth detailed requirements for both remote drivers and remote assistants, emphasizing the need for proper training, licensing, and the ability to monitor and control heavy-duty AVs in various scenarios based on the relevant vehicle class.
• Light-Duty Vehicles: Light-duty vehicles are similarly regulated in this regard, though the training and operational conditions for heavy-duty vehicles are likely to be more rigorous because of unique requirements applicable to operators of commercial motor vehicles.

DMV Authority

• Heavy-Duty and Light-Duty Vehicles: The regulations would provide the DMV with additional authority to "restrict" testing and deployment permits if manufacturers fail to meet specified requirements, including by the reduction of AV fleets, operational design domains, or hours of operation, and/or requiring a human driver to be present in the AV under certain conditions.

Action Steps: Stakeholders are encouraged to review the draft regulations carefully and submit feedback to the DMV by the October 14, 2024 deadline. It is essential to scrutinize the DMV's proposals, particularly the different treatment of heavy-duty versus light-duty vehicles and the potential implications for a company's operations. Given the historical delays in California's approach to heavy-duty autonomous vehicles, it is crucial to take this opportunity to address any concerns or inconsistencies that may affect your business.