SB1315 - Advanced driver assistance systems.

Amended IN Assembly June 24, 2026 Amended IN Assembly June 03, 2026 Amended IN Senate April 13, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1315 Introduced by Senator Cabaldon February 20, 2026 An act to amend Sections 38750 and 38753 of, to add Section 12803.1 to, to add the heading of Chapter 1 (commencing with Section 38750) to Division 16.6 of, and to add Chapter 2 (commencing with Section 38756) to Division 16.6 of, the Vehicle Code, relating to autonomous vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1315, as amended, Cabaldon. Advanced autonomous driving driver assistance systems. Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle operated if specified requirements are satisfied. Existing law prohibits the operation of an autonomous vehicle on public roads until the manufacturer submits an application to the Department of Motor Vehicles, as specified, and that application is approved. For these purposes, existing law defines “autonomous vehicle.” This bill would prohibit require the manufacturer of an automobile in this state from requiring or providing a software update that removes, disables, or materially restricts a driver’s ability to manually engage or disengage an advanced autonomous driving system in a vehicle that was available at the time of the vehicle’s original retail sale or requires a driver to engage an advanced autonomous driving system as a condition of operating a vehicle under a condition in which manual operation was previously available. advanced driver assistance system, or an automobile equipped with an advanced driver assistance system, to ensure a driver is able to disable or disengage either an advanced driver assistance system or autonomous technology as a condition of operating the vehicle under a condition in which manual operation was previously available. The bill would define “advanced autonomous driving driver assistance system” for these purposes. The bill would authorize the Attorney General, a district attorney, or a city attorney to bring a civil action to enforce those prohibitions and would authorize a civil penalty not to exceed $25,000 per violation, as specified. The bill would specify that a violation of those prohibitions is not an unlawful business practice. The bill would also make technical and conforming changes. Existing law requires the department, upon application for an original driver’s license, to require an examination of the applicant. Existing law requires the examination to test, among other things, the applicant’s knowledge and understanding of the provisions of the Vehicle Code governing the operation of vehicles upon the highways, an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer, and a test of the applicant’s hearing and eyesight, as specified. This bill would require the department, at the next regularly scheduled revision of the driver’s license examination or demonstration of an applicant’s ability to drive, to consider adding one or more questions that pertain to levels of advanced autonomous driving driver assistance systems. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 12803.1 is added to the Vehicle Code, to read: 12803.1. The Department of Motor Vehicles shall, at the next regularly scheduled revision of the examination that is required by Section 12803 or the demonstration of an applicant’s ability to drive a vehicle that is required by Section 12804.9, consider adding one or more questions addressing all of the following: (a) The distinction between the Society of Automotive Engineers (SAE) International’s Level 2 of driving automation, defined in standard J3016 (APR2021), as may be revised, which requires the driver to remain engaged and responsible for the dynamic driving task at all times, and higher levels of driving automation, which assume primary control of vehicle operation. (b) The legal liability of a driver who operates a vehicle while an advanced autonomous driving driver assistance system is engaged, including their ongoing responsibility to monitor the driving environment and intervene if necessary. (c) The limitations of advanced autonomous driving driver assistance systems, including the conditions under which those systems may disengage or request driver intervention. SEC. 2. The heading of Chapter 1 (commencing with Section 38750) is added to Division 16.6 of the Vehicle Code, to read: CHAPTER 1. Autonomous Vehicles SEC. 3. Section 38750 of the Vehicle Code is amended to read: 38750. (a) For purposes of this chapter, the following definitions apply: (1) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator. (2) (A) “Autonomous vehicle” means any vehicle equipped with autonomous technology that has been integrated into that vehicle that meets the definition of Level 3, Level 4, or Level 5 of SAE International’s “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR2021),” as may be revised. (B) An autonomous vehicle does not include a vehicle that is equipped with one or more collision avoidance systems, including, but not limited to, electronic blind spot assistance, automated emergency braking systems, park assist, adaptive cruise control, lane keep assist, lane departure warning, traffic jam and queuing assist, or other similar systems that enhance safety or provide driver assistance, but are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator. (3) “Department” means the Department of Motor Vehicles. (4) An “operator” of an autonomous vehicle is the person who is seated in the driver’s seat, or, if there is no person in the driver’s seat, causes the autonomous technology to engage. (5) A “manufacturer” of autonomous technology is the person, as defined in Section 470, that originally manufactures a vehicle and equips autonomous technology on the originally completed vehicle or, in the case of a vehicle not originally equipped with autonomous technology by the vehicle manufacturer, the person that modifies the vehicle by installing autonomous technology to convert it to an autonomous vehicle after the vehicle was originally manufactured. (b) An autonomous vehicle may be operated on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if all of the following requirements are met: (1) The autonomous vehicle is being operated on roads in this state solely by employees, contractors, or other persons designated by the manufacturer of the autonomous technology. (2) The driver shall be seated in the driver’s seat, monitoring the safe operation of the autonomous vehicle, and capable of taking over immediate manual control of the autonomous vehicle in the event of an autonomous technology failure or other emergency. (3) Prior to the start of testing in this state, the manufacturer performing the testing shall obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000), and shall provide evidence of the insurance, surety bond, or self-insurance to the department in the form and manner required by the department pursuant to the regulations adopted pursuant to subdivision (d). (c) Except as provided in subdivision (b), an autonomous vehicle shall not be operated on public roads until the manufacturer submits an application to the department, and that application is approved by the department pursuant to the regulations adopted pursuant to subdivision (d). The application shall contain, at a minimum, all of the following certifications: (1) A certification by the manufacturer that the autonomous technology satisfies all of the following requirements: (A) The autonomous vehicle has a mechanism to engage and disengage the autonomous technology that is easily accessible to the operator. (B) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged. (C) The autonomous vehicle has a system to safely alert the operator if an autonomous technology failure is detected while the autonomous technology is engaged, and when an alert is given, the system shall do either of the following: (i) Require the operator to take control of the autonomous vehicle. (ii) If the operator does not or is unable to take control of the autonomous vehicle, the autonomous vehicle shall be capable of coming to a complete stop. (D) The autonomous vehicle shall allow the operator to take control in multiple manners, including, without limitation, through the use of the brake, the accelerator pedal, or the steering wheel, and it shall alert the operator that the autonomous technology has been disengaged. (E) The autonomous vehicle’s autonomous technology meets Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. (F) The autonomous technology does not make inoperative any Federal Motor Vehicle Safety Standards for the vehicle’s model year and all other applicable safety standards and performance requirements set forth in state and federal law and the regulations promulgated pursuant to those laws. (G) The autonomous vehicle has a separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read-only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision. (2) A certification that the manufacturer has tested the autonomous technology on public roads and has complied with the testing standards, if any, established by the department pursuant to subdivision (d). (3) A certification that the manufacturer will maintain, an instrument of insurance, a surety bond, or proof of self-insurance as specified in regulations adopted by the department pursuant to subdivision (d), in an amount of five million dollars ($5,000,000). (d) (1) The department shall adopt regulations setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance required by subdivision (b), the submission and approval of an application to operate an autonomous vehicle pursuant to subdivision (c), and processes related to notices of autonomous vehicle noncompliance pursuant to Section 38752. (2) The regulations shall include any testing, equipment, and performance standards, in addition to those established for purposes of subdivision (b), that the department concludes are necessary to ensure the safe operation of autonomous vehicles on public roads, with or without the presence of a driver inside the vehicle. In developing these regulations, the department may consult with the Department of the California Highway Patrol, the Institute of Transportation Studies at the University of California, or any other entity identified by the department that has expertise in automotive technology, automotive safety, and autonomous system design. (3) The department may establish additional requirements by the adoption of regulations, which it determines, in consultation with the Department of the California Highway Patrol, are necessary to ensure the safe operation of autonomous vehicles on public roads, including, but not limited to, regulations regarding the aggregate number of deployments of autonomous vehicles on public roads, special rules for the registration of autonomous vehicles, new license requirements for operators of autonomous vehicles, regulations for notices of autonomous vehicle noncompliance, and rules for revocation, suspension, or denial of any license or any approval issued pursuant to this chapter. (4) The department shall hold public hearings on the adoption of any regulation applicable to the operation of an autonomous vehicle without the presence of a driver inside the vehicle. (e) (1) The department shall approve an application submitted by a manufacturer pursuant to subdivision (c) if it finds that the applicant has submitted all information and completed testing necessary to satisfy the department that the autonomous vehicles are safe to operate on public roads and the applicant has complied with all requirements specified in the regulations adopted by the department pursuant to subdivision (d). (2) Notwithstanding paragraph (1), if the application seeks approval for autonomous vehicles capable of operating without the presence of a driver inside the vehicle, the department may impose additional requirements it deems necessary to ensure the safe operation of those vehicles, and may require the presence of a driver in the driver’s seat of the vehicle if it determines, based on its review pursuant to paragraph (1), that such a requirement is necessary to ensure the safe operation of those vehicles on public roads. (f) The department shall post a public notice on its internet website when it adopts the regulations required by subdivision (d). The department shall not approve an application submitted pursuant to the regulations until 30 days after the public notice is provided. (g) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede the provisions of this chapter if found to be in conflict with any other state law or regulation. (h) The manufacturer of the autonomous technology installed on a vehicle shall provide a written disclosure to the purchaser of an autonomous vehicle that describes what information is collected by the autonomous technology equipped on the vehicle. The department may promulgate regulations to assess a fee upon a manufacturer that submits an application pursuant to subdivision (c) to operate autonomous vehicles on public roads in an amount necessary to recover all costs reasonably incurred by the department. (i) Commencing January 1, 2026, an autonomous vehicle may be equipped with automated driving system (ADS) marker lamps in accordance with SAE International’s “Reco [Text truncated for display. Full text available on Congress.gov.]