Development of California Regulations
for the Testing and Operation of
Automated Vehicles on Public Roads
Steven E. Shladover, Sc.D.
Christopher Nowakowski
Roberto Horowitz, Ph.D.
Ching-Yao Chan, Ph.D.
Wei-Bin Zhang
Tom West
California PATH Program
Institute of Transportation Studies
University of California, Berkeley
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California Automated Vehicle (AV) Legislation
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Senate Bill 1298
– Approved by the Governor on Sept. 25, 2012
– Adds Division 16.6, Section 38750 to Vehicle Code
– Authorizes the establishment of safety requirements for
testing and operation of automated vehicles by the DMV
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Defines “Autonomous Technology” as having the capability
to drive the vehicle without physical control or monitoring by
human operator
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Defines what is NOT included in “Autonomous Technology”
as: BLIS, Automated Emergency Braking, Park Assist, ACC,
Lane Keeping Assist, LDW, Traffic Jam Assist, or similar
systems individually or in combination
•
Defines manufacturer as either the OEM or the person
modifying the vehicle by retrofitting automation
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SAE Definitions of Levels of Automation
(J3016 Surface Vehicle Information Report)
0. Non-Automated
1. Assisted (Lane Assist or ACC)
2. Partial Automation
– Driver always in-the-loop and responsible for monitoring
– System may require immediate driver take-over
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3. Conditional Automation
– Automation under clearly-delimited conditions
– System may require driver take-over with some lead time
4. High Automation
– System capable of transitioning to minimal risk state if driver
fails to take over
– Driverless operation under limited conditions
5. Full Automation
– System capable of functioning without a driver
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Establishing Automated Vehicle Regulations
•
CA Vehicle Code Section 38750 provides regulation
authority to the California DMV
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DMV must adopt regulations by Jan 1, 2015
1. For testing of automated vehicles by manufacturers
on public roadways (although testing is currently
still allowed until regulations are adopted)
2. For operation of automated vehicles by the public on
public roadways
3. Additional regulations may be imposed for
automated vehicles capable of operating without a
driver in the vehicle
• Vehicle Code Section 38750 states that Federal
regulations shall supersede if a conflict arises
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Mfg’s Testing Requirements in VC 38750
• AV test driver shall possess the proper class of
license for the vehicle being driven
• AV test driver shall be seated in the driver’s seat and
capable of taking over immediate manual control
• Only employees, contractors, or other persons
designated by the manufacturer may operate an AV
on public roads
• Manufacturer shall complete an
application/certification for a testing permit and
provide evidence of insurance, surety bond, or proof
of self-insurance for $5 M
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Automated Vehicle Regulations in VC 38750
A.
B.
C.
D.
E.
F.
G.
Mechanism to engage/disengage easily accessible to
the operator
Visual indication that automation is engaged
Alert the operator of failures while automation is
engaged
– Require the operator to take over
– Or bring the vehicle safely to a stop
Operator shall be able to take control with throttle,
brakes, steering, and/or other means
Meets FMVSS for vehicle’s model year
AV technology does not disable any FMVSS feature
AV includes a data recording system to capture at
least 30 seconds of data before any collision
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Potential Regulation Topics Stated in VC 38750
The regulations shall include, but not be limited to:
•
Any Testing, Equipment, and Performance
Standards necessary to ensure the safe operation of
automated vehicles on public roads
• Aggregate number of AVs deployed
• Application process for AV testing permit
• Special rules for AV registration
• New license requirements for AV operators
• Rules for revocation, suspension, or denial of AV
permits or licenses
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Topics Under Current Research
1. How to assess system safety?
2. Testing and certification requirements for
manufacturer testing on public roads
3. Testing and certification requirements for
sale and operation by general public
4. System-level safety requirements
5. Additional requirements for driverless
operation
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How to assess system safety?
• Certification documentation of design,
development and testing process by
manufacturer
• Third-party safety concept certification
• Testing
– To satisfy standards (that don’t exist yet)?
– Driving competency (like current driver
licensing test)?
– Specific hazard scenarios?
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Manufacturer Testing on Public Roads
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Application for approval (documentation)
– Level of safety to demonstrate before public road tests?
– Contents of documentation when vehicle is modified?
– Level of prior closed-site testing?
– Evidence that safety requirements have been met?
Review and approval criteria?
– Self certification vs. third-party?
Testing, data recording and reporting
– Minimum DVI requirements?
– Test driver training?
– Number of test drivers per vehicle?
– Data recording and archiving?
– External indicators of special vehicle status?
– Restrictions on vehicle class or operations?
– Criteria for discontinuation of testing approval?
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Requirements for use by general public
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Application for general public use/sale
– How much prior on-road testing?
– Other minimum requirements for approval?
– Protection of privacy of vehicle movement data?
Review and approval criteria
– What data should DMV retain about each AV?
Operational requirements
– Minimum performance?
– Minimum DVI to re-engage driver?
– Any external markings?
– Minimum maintenance requirements?
– Licensing of maintenance/repair shops?
– Restrictions on vehicle size or usage?
Minimum driver requirements
– Training, licensing, special knowledge?
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System-level safety requirements
• Minimum reliability requirements?
• Minimum safety level?
• Cyber-security requirements?
• Minimal-risk condition capability as a
minimum requirement?
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Additional Requirements for Driverless Operations
• What minimum level of safety, and how to
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demonstrate it?
What level of closed-track testing before
testing on public roads?
Restrictions on vehicle sizes or uses?
What level of public-road testing before sale
to general public?
Any special hazard conditions to require in
testing?
Any special external markings?
Any restrictions on passenger activities?
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Schedule
•
DMV to release first draft set of regulations
(administrative aspects of on-road testing) for public
review and comment this fall, followed by public
hearings before adoption in early 2014
• PATH to provide recommendations on second set of
regulations (technical issues) by end of this year
• DMV to release second draft set of regulations for public
review in spring 2014, leading to adoption by end of
2014 to meet legislative deadline
• Further DMV updates of regulations likely annually
•
Useful Links:
– http://www.dmv.ca.gov/vr/autonomous/auto.htm
– lregulations@dmv.ca.gov
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