Order to Adopt  
Title 13, Division 1, Chapter 1  
Article 3.7 – Testing of  Autonomous Vehicles  
 
 
§ 227.02 . Definitions . 
As used in this article , the following definitions apply:  
 
(a) “Autonomous mode ” is the status of vehicle operation where technology that is a 
combination of hardware and software, remote and /or on-board, performs the dynamic driving 
task, with or without a natural person actively  supervising  the autonomous technology’s 
performance of the dynamic driving task .  An autonomous vehicle is operating or driving in 
autonomous mode when it is operated  or driven with the autonomous technology engaged.  
  
(b) “Autonomous  test vehicle” is a vehicle that has been equipped with technology that is a 
combination of both hardware and software that , when engaged,  performs the dynamic driving 
task, but requires a human test driver  or a remote operator  to continuously supervise the vehicle’s 
performance of the dynamic driving task . 
 
(1) An autonomous test vehicle does not include vehicles equipped with one or more sy stem s 
that provide  driver assistance and/or enhance safety benefits but are not capable of, 
singularly or in combination, performing the dynamic driving task on a sustained basis 
without the constant control or active monitoring of a natural person . 
 
(2) For the purposes of this article , an “autonomous test vehicle ” is equipped with technology 
that makes it capable of operation that meets the definition of Levels 3 , 4, or 5 of the S AE 
International ’s Taxonomy and Definitions for Terms Related to  Driving  Automation  
Systems  for On -Road Motor Vehicles , standard J3016  (SEP2016 ), which is her eby 
incorporated by reference . 
 
(3) The presence of a natural person who is an employee, contractor, or  designee of the 
manufacturer in the vehicle to monitor a vehicle’s autonomous performance shall not 
affect whether a vehicle meets the definition of autonomous test vehicle.  
 
(c) “Autonomous v ehicle  test driver” means a natural  person seated in the driver’s seat of an 
autonomous  test vehicle , whether the vehicle is in autono mous mode or conventional mode,  who 
possess es the proper class of license for  the type of vehi cle being driven or operated , and is 
capable of taking over active physical  control  of the vehicle at any time.  
 
(d) “Conventional mode” means the status of the vehicle  when it  is under the active  physical 
control of a natural perso n sitting in the driver’s seat operating or driving the vehicle with the 
autonomous technology disengaged.  
 
(e) “Designee” means the natural person identified by the manufacturer to the department as a n 
autonomous vehicle test driver  authorized by the manufacturer to drive or operate the 
manufacturer’s  autonomous test vehicles on public r oads.  
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(f) “Driver” means the natural person who is operating  an autonomous vehicle when it is not 
operating in the autonomous mode.  
 
(g) “Dynamic driving task” means all of the real -time functions re quired to operate a vehicle in 
on-road traffic, excluding selection of final and intermediate destinations, and including without 
limitation: object and event detection, recognition, and classification; object and event response; 
maneuver planning; steering, turning, lane keeping, and la ne changing, including providing the 
appropriate signal for the lane change or turn maneuver; and acceleration and deceleration.  
 
(h) “Manufacturer”  means a manufacturer of autonomous technology as defined in Vehicle Code 
section 38750  (a)(5) and includes a vehicle manufacturer as defined in Vehicle Code section 672 
that produces an autonomous vehicle from raw materials or new basic components ; and, a person  
as defined in Vehicle Code section 470  who modifies any vehicle by installing au tonomous 
technology . 
 
(i) “Minimal risk condition” is a low -risk operating condition that an autonomous vehicle 
automatically resorts to when either the automated driving systems fails or when the human 
driver fails to respond appropriately to a request to  take over the dynamic driving task.  
 
(j) “Operational Design Domain” is the specific operating domain(s) in which an automated 
function or system is designed to properly operate, including but not limited to  geographic area,  
roadway type, speed range, environmental conditions (weather, daytime/nighttime, etc.), and 
other domain constraints.  
 
(k) “Passenger” means an occupant of a vehicle who has no role in the operation of that vehicle  
when the autonomous technology is engaged .  A passenger may summon a vehicle or input a 
destination, but does not engage the technology, monitor the vehicle, or drive or operate the 
vehicle.  A member of the public may ride as a passenger in an autonomous  test vehicle if there 
are no fees charged to the passenger  or compensation received by the manufacturer .  
 
(l)  “Personal information ” means information tha t the autonomous vehicle collects, generates, 
records, or stores in an electronic form that is retrieved from the vehicles, that is not necessary 
for the safe operation of th e vehicle, and that is linked or  reasonably capable of being linked  to 
the vehicle’ s registered owner or lessee or passengers using the vehicle for transportation 
services.  
 
(m) “Public road” means “highway” as defined in Vehicle Code section 360, “offstreet  public  
parking facility ” as defined in Vehicle Code section 4000,  and “street” as defined in Vehicle 
Code section 590. 
 
(n) “Remote operator” is a natural person who: possesses the proper class of license for the type 
of test vehicle being operated; is not  seated in the driver’s seat of the vehicle; engages and 
monitors the autonomous vehicle ; is able to communicate with occupants in the vehicle through 
a communication link.  A remote operator may also have the ability  to perform the dynamic 
driving task for the vehicle or cause the vehic le to achieve a minimal risk condition . 
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(o) “Testing”  means the operation of an autonomous vehicle on public roads by employees, 
contractors, or designees of a manufacturer for the purpose of assessing, demonstrating, and 
validating the autonomous technology’s capabilities.    
 
NOTE: Authority cited: Sections  1651 and 38750 , Vehicle Code.  Reference: Section s 360, 470, 590, 672,  4000, and 
38750 , Vehicle Code . 
 
 
§ 227.04 . Requirements for a Manufacturer’s  Testing Permit . 
A manufacturer may conduct testing of autonomous  vehicles on public roads in California if  all 
of the following requirements are met:  
 
(a) The manufacturer is conducting the testing.  
 
(b) Except as provided in Section 227. 38, when t he vehicle is operated by an autonomous vehicle 
test driver who is an employee, contractor, or designee of the manufacturer, who ha s been 
certified by the manufacturer to the department as competent to operate the vehicle and ha s been 
authorized by the manufacturer to operate the vehicle.  
 
(c) The manufacturer has in place and has provided the department with evid ence of the 
manufacturer’s ability to respond to a judgment or judgments for damages for personal injury, 
death, or property damage arising from the operation of autonomous vehicles on public roads in 
the amount of five million dollars ( $5,000,000 ), in the  form of: an instrument of insurance issue d 
by an insurer admitted to issue insurance in California; a surety bond issued by an admitted 
surety insurer  or an eligible surplus lines insurer , and not a deposit in lieu of bond; or a 
certificate of self -insura nce. 
 
(d) The manufacturer has applied for and the dep artment has issued  to the manufacturer a 
Manufacturer’s Testing P ermit or a Manufacturer’s Testing Permit  – Driverless Vehicles  to 
conduct autonomous vehicle testing on public roads in California.  
 
NOTE: Authority cited: Sections 1651  and 38750 , Vehicle Code.  Reference: Section 38750 , Vehicle Code . 
 
 
§ 227.12. Certificate of Self -Insurance . 
 
(a) A manufacturer  may satisfy the requirement of Vehicle Code section 38750(b)(3) to provide 
evidence of financial responsibility as a precondition of conducting testing of autonomous 
vehicles on public roads by applying to the department for and being issued a certificate of self -
insurance .  The ap plication shall be submitted on the Autonomous Vehicle Tester  Program 
Application for Certificate of Self -Insurance , form OL 319 (REV 2/2017 ), which is hereby 
incorporated by reference.   
 
(b) The manufacturer shall also submit with the application  audited financial statements 
reflecting a net worth of not less than five million dollars ($5,000,000) for the three -year period 
immediately preceding the date of the application including , but not limited to , documents Autonomous Vehicles  
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commonly known as balance sheets, profit and loss statements, exp lanatory notes , or other 
documents which allow the department to determine the manufacturer’s net worth.   
 
(1) When an applicant has not been in existence for three years prior to the date of the 
application, the department may accept a financial statemen t covering the period the 
applicant has been in existence.  
 
(2) T he manufacturer shall submit an opinion of the financial condition of the 
manufactu rer rendered by an independent certified public accountant, and not an 
employee or a person with a financial  interest in the manufacturer, licensed to audit 
financial statements and render an opinion as to the subject’s financial condition.  
 
(c) The department shall not permit a manufacturer to operate under a certificate of self-
insurance if its net worth is l ess than five million dollars  ($5,000,000) , or, if there are any 
outstanding unsatisfied  final judgments against the manufacturer arising out of a motor vehicle  
collision . 
 
(d) The department shall review the application.  If the application is incomplete  or insufficient , 
the department shall notify the manufacturer of the incompleteness or insufficiency and provide 
the manufacture r with a reasonable opportunity to cure the def iciencie s.  If the application is 
complete and the manufacturer meets all requir ements for issuance, the department shall issue 
the manufacturer a certificate reciting that the manufacturer has permission from the department 
to satisfy the requirements of Vehicle Code section 38750(b)(3) by self -insurance.  
 
(e) In the event the depart ment receives information suggesting that the manufacturer no longer 
meets the requirements for permission to satisfy the requirements of Vehicle Code section 
38750(b)(3) by self -insurance, the department may require additional evidence of the 
manufacturer ’s ability to respond to damage, and the manufacturer shall be required to provide 
additional evidence.    
 
(f) The department may cancel a certificate of self -insurance for any of the following reasons:  
 
(1) The holder of the certificate has not provided t he additional evidence required by 
subsection  (e). 
 
(2) Inability, refusal , or failure of the holder of the certificate to submit financial 
statements and supporting documentation as required by subsection  (b). 
 
(3) The submission of fraudulent or incomplete documents.  
 
(g) Any suspension, revocation, or other involuntary termination of the permission to satisfy the 
requirements of Vehicle Code section 38750(b)(3) shall be subject to the hearing requirements 
provided in these regulations for the sus pension or revocation of permits or authorizations under 
Vehicle Code section 38750.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section s 16053  and 38750, Vehicle 
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§ 227. 14. Autonomous Test Vehicles Proof of Financial Responsibility.  
 
(a) A manufacturer insured by a policy of insurance shall at all times maintain in its autonomous 
test vehicles a copy of the proof of insurance provided by the insurance company.  
 
(b) A manufacturer shall maintain in its test vehicle s at all times it is operated on public roads a 
copy of the bond, when the manufacturer relies upon a bond to comply with the requirements of 
Vehicle Code section 38750(b)(3).  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§ 227.16 . Identification  of Autonomous  Test Vehicles .  
 
(a) A manufacturer shall not operate an autonomous  test vehicle on public roads unless the 
manufacture r has provided the department , in writing, the identification of the autonomous 
vehicle to be used for testing on public roads.  For each vehicle so identified, the manufacturer 
shall provide to the department  all of the following : 
 
(1) T he make, model, and model year of the vehicle , or other ident ifying information if 
such is not available . 
 
(2) T he ful l vehicle identification number , or other identifying information if such is not 
available . 
 
(3) T he license plate number and state of issuance.  
 
(b) Each document identifying autonomous vehicles for  testing shall be signed by a person 
authorized by the manufacturer to bind the manufacturer, under penalty of perjury under the laws 
of the State of California.  
 
NOTE: Authority cited: Sections 1651  and 38750 , Vehicle Code.  Reference: Section 38750 , Vehi cle Code . 
 
 
§227. 18. Manufacturer’s Testing Permit  and Manufacturer’s Testing Permit – Driverless 
Vehicles . 
 
(a) A manufacturer shall not conduct testing of an autonomous  vehicle on public roads in 
California without having applied to the department for a permit to conduct testing, the 
department having issued a n Autonomous Vehicle Testing (AVT) Manufacturer’s Testing Permit  
or a Manufacturer’s Testing Permit  – Driverless Vehicles to conduct testing, and the permit 
being currently in full force and effect.  
 
(b) A manufacturer shall not test autonomous   vehicles on public roads unless the manufacturer 
has tested the autonomous vehicles under controlled conditions that simulate, as closely as 
practicable, each Operational Design Domai n in which the manufacturer intends the vehicles to Autonomous Vehicles  
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operate  on public roads and the manufacturer has reasonably determined that it is safe to operate 
the vehicles in each  Operational Design Domai n.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle C ode.  Reference: Section 38750, Vehicle Code.  
 
 
§ 227. 20. Review of Application.  
 
(a) The department shall review the Autonomous Vehicle Tester Program (AVT) Application for 
Manufacturer’s Testing Permit  or a Manufacturer’s Testing Permit  – Driverless Vehicles , and 
notify the manufacturer within 10 days of receipt of the application whether it is complete or it is 
determined to be deficient.  The department shall approve an application and issue a 
Manufacturer’s Testing Permit after determin ing that the application is sufficient.  The 
department shall approve an application and issue an Autonomous Vehicle Testing (AVT) 
Program Manufacturer Permit, form OL 315 (NEW 9/2013 ) or an Autonomous Vehicle Testing 
(AVT) Program Manufacturer Permit – Driverless  Vehicles , form OL 315A, (NEW 2/2017) , 
which are hereby incorporated by reference.  
  
(b) The department shall notify the manufacturer of any deficiency and allow the manufacturer a 
reasonable period of time in which to correct the deficiency.   The department will review 
material submitted to correct an application deficiency.  If the department determines that the 
application remains deficient, the department shall notify the manufacturer/applicant of the 
continuing deficiency.  The department shall  deny an application if the manufacturer/applicant 
fails to make the application sufficient after a re asonable opportunity to do so.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§ 227. 22. Term of Permit . 
 
(a) Every Manufacturer’s Testing Permit or Manufacturer’s Testing Permit  – Driverless 
Vehicles , issued under this article shall be valid for a period of two years from midnight of the 
last day of the month of issuance unless sooner revoke d or surrendered.  R enewal of the permit 
for the ensuing two year period may be obtained by the manufacturer to w hom the permit was 
issued upon application to and approval by the department and payment of the fee required by 
subsection (b).  
 
(b) Every application for renewal of a Manufacturer’s Testing Permit  or a Manufacturer’s 
Testing Permit  – Driverless Vehicles,  which expires pursuant to this section shall be made by the 
manufacturer to whom the permit was issued 60 days prior to the expiration date , and shall be 
made by submitting the completed renewal application form to the department and payment of 
the three thousand six hundred dollars  ($ 3,600 ) biennial renewal fee.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Sec tion 38750, Vehicle Code.  
 
 
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§ 227. 24. Enrollment in Employer Pull Notice Program.  
 
(a) Prior to applying for a testing permit , a manufacturer shall enroll in the Employer Pull Notice 
Program pursuant to Vehicle Code section 1808.1.  
 
(b) If the manufacturer fails to enroll in the Employer Pull Notice Program , the application for a 
testing permit shall be denied until the manufacturer provides proof that it has enrolled in the 
Employer Pull Notice Program.  
 
NOTE: Authority cited: Sections 1651 and  38750, Vehicle Code.  Reference: Sections 1808.1 and 38750, Vehicle 
Code.  
 
 
§ 227. 26. Prohibitions on Operation on Public Roads . 
 
A manufacturer shall not permit any of its autonomous test vehicles  to be operated on public 
roads in California:  
 
(a) By a p erson other than one of its employees, contractors , or designees who has been 
identified to the department as authorized by the manufacturer to operate the manufacturer’s 
autonomous vehicle.  
 
(b) By a person who does not meet the requirements of Section 2 27.34 of this Article.  
 
(c) Except as provided in section 227. 38, when an autonomous vehicle test driver  is not seated in 
the vehicle’s driver seat and monitoring its operations and able to take over physical control of 
the vehicle  in the even t of an autonomous technology failure or other emergency . 
 
(d) When the manufacturer does not have in effect evidence or proof of financial responsibility 
as required by Vehicle Code section 38750 and these regulations and as required by any other 
insurance  obligation required by law.  
 
(e) When the Manufacturer’s Testing Permit is revoked, suspended, expired, or otherwise not in 
full force and effect.  
 
(f) When members of the public that are not employees, contractors, or designees are charged a 
fee to ride in the vehicle , or the manufacturer receives compensation for providing a ride to the 
members of the public.   
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Sections 16000 and 38750, Vehicle 
Code.  
 
 
§227. 28. Vehicles E xcluded from Testing and Deployment . 
 
(a) The following vehicles shall not be approved for testing or deployment as autonomous 
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(1) Trailers as defined in Vehicle Code section 242 (camp trailer), section 324 (fifth -
wheel travel trailer), and section 635 (trailer coach).  
 
(2) Motorcycles as defined in Vehicle Code section 400.  
 
(3) Motor vehicles with interstate operating authority pursuant to Vehicle Code sections 
8050 through 8058.  
 
(4) A vehicle with a gross vehicle weight rati ng of 10,001 or more pounds.  
 
(5) Vehicles described in Vehicle Code sections 31309 and 34500.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Sections 242, 260, 324, 400, 635, 
8050 throug h 8058 , and 38750  Vehicle Code.  
 
 
§ 227. 30. Manufacturer’s Testing Permit Application.  
 
(a) A manufacturer desiring to conduct testing of autonomous vehicles on public roads in 
California shall submit an application for a permit to conduct testing to the department on 
Autonomous Vehicle Tester P rogram (AVT) Application for Manufacturer’s Testing Permit, 
form OL 311 (Rev 2/2017) , which is hereby incorporated by reference.   
 
(1) The manufacturer shall submit a fee of three thousand six hundred  dollars  ($ 3,600 ) 
for the processing of the applicatio n, which  will permit the operation of up to 10 
autonomous vehicles and up to 20 autonomous vehicle test drivers.  
 
(2) The manufacturer may supplement the application with additional pages to add more 
than 10 vehicles and more than 20 drivers by submitting the fee of fifty dollars ($50) for 
each additional set of 1 to 10 vehicles and 1 to 20 drivers.  
 
(b)  Within ten (10) days of any change to the contact information or the name of the 
manufacturer provided on the Application for Manufacturer’s Testing Permit, a manufacturer 
shall notify the department in writing on the manufacturer’s letterhead of the change, including 
changes in contact names, telephone numbers or mailing address.  
 
(c) Any changes or modifications to the Manufacturer’s Testing Permit required by the 
manufacturer during the term of the permit shall be accomplished by submitting a revis ed form 
OL 311 and submit the fee of seventy dollars ($70) for the processing of the modification.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
 
 
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§ 227.32. Requirements for Autonomous Vehicle Test Drivers .   
 
A manufacture r shall not conduct testing of an autonomous vehicle on public roads unless  the 
vehicle is operated or driven by an autonomous vehicle  test driver  who meet s each of the 
following requirements:  
 
(a) T he autonomous vehicle test driver is either in immediate physical  control of the vehicle or is 
actively monitoring the vehicle’s operations and capable of taking over immediate physical  
control.  
 
(b) The autonomous vehicle test driver is an employee, contractor or designee of the 
manufacturer.    
 
(c) The autonomous vehicle  test driver shall obey all provisions of the Vehicle Code and local 
regulation applicable to the operation of motor vehicles whether the vehicle is in autonomous 
mode or conventional mode , except when necessary for  the safety of the vehicle’s occupants 
and/or other road users . 
 
(d) The autonomous vehicle  test driver knows the limitations of the vehicle ’s autonomous 
technology and is capable of safely operating the vehicle in all conditions under which the 
vehicle is  tested on public roads.  
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§ 227.34. Autonomous Vehicle  Test Driver Qualifications . 
 
A manufacturer shall not allow any person to act as an autonomous vehicle  test driver  for testing  
autonomous vehicles on public roads unless  all of the following have been met : 
 
(a) T he manufacturer has identified the autonomous vehicle test driver to the department  in 
writing, providing the driver’s true full name and the driver’s license number and jurisdiction of 
issuance  of the license , and the autonomous vehicle driver has been issued an Autonomous 
Vehicle Testing (AVT) Program Test Vehicle Operator Permit, form  OL 314 (NEW 9/2013), 
which is incorporated by reference . 
 
(b) The manufacturer has certified to the department, for each autonomous vehicle  test driver 
permitted by the manufacturer to operate its autonomous vehicles on public roads, that the driver 
meets  all of the  following requirements:  
 
(1) The autonomous vehicle test driver has been licensed to drive a motor vehicle for the 
three years immediately preceding application  to the depart ment; and, at that time the 
driver : 
(A) Did not have more than one violation point count determined as provided in 
subsection s (a), (b), (c), (d), (e), (g), or ( h) of Vehicle Code section  12810.  
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(B) Was not the at -fault driver of a motor vehicle involved in a collision  that 
resulted in injury  or death of any person.  
  
(C) For the ten years immediately preceding application to the department w as not 
convicted for driving or operating a vehicle under the influence of alcohol or any 
drug, and did not suffer any driver’s license suspension or revocation based on 
driving or operating any vehicle under the influence of alcohol or of any drug.  
 
(2) The autonomous vehicle  test driver has completed the manufacturer’s autonomous 
vehicle test driver training program an d the date the driver completed the program.  
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Sections 12810 and 38750, Vehicle 
Code.  
 
 
§ 227.36. Autonomous Vehicle Test Driver Training Program . 
 
A manufacturer conducting testing of autonomous vehicles on public roads  shall maintain a 
training program for its autonomous vehicle  test drivers and shall provide the department  with a 
course outline and description of the autonomous vehicle test driver training program.   The 
autonomous vehicle test driver training program shall include, but not be limited to the 
following:  
 
(a) Instruction on the automated driving system technology to be tested in the manufacturer’s 
vehicles, including behind the wheel i nstruction provided by an experienced driver on the 
capabilities and limitations of the manufacturer’s automated driving systems.  
 
(1) For purposes of this section, an “experienced driver” is one who has met the 
qualifications provided in Section 227. 34, subsections (a) and (b)(1) of this Article and 
through training and experience has developed skill and knowledge in the operation of 
the manufacturer’s autonomous technology.  
 
(b) Defensive driver training, including practical experience in recovering from  hazardous 
driving scenarios.  
 
(c) Instruction that matches the level of the autonomous test vehicle driver’s experience 
operating the specific type of automated driving system technology with the level of techn ical 
maturity of the automated system.  
 
NOTE:  Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§227. 38. Manufacturer’s Permit to Test Autonomous Vehicles that do not Require a 
Driver.  
 A manufacturer desiring to conduct testing of autonomous vehicles capable of operating without 
the presence of a driver inside the vehicle on public roads in California shall submit an Autonomous Vehicles  
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application for a permit to conduct driverless testing to the department on Autonomous Vehicle 
Tester (AVT) Program Application for a Man ufacturer’s Testing Permit  – Driverless Vehicles, 
form OL 318 (New 2/2017 ), which is hereby incorporated by reference.  Notwithstanding the  
requirements of Sections 227.0 4 (b), 227.2 4, 227.2 6 (a) and (b), 227.3 2, 227.3 4, and 227.3 6, a 
manufacturer may cond uct testing of autonomous vehicles capable of operating without the  
presence of a driver inside the vehicle on public roads in California if all of the following 
requirements are met:  
(a) The manufacturer certifies that the local authorities , as defined in Vehicle Code section 385,  
within the jurisdiction where the vehicle will be tested have been  provided a written notification, 
a copy of which must  be submitted to the department , that contains all of the following:  
 
(1) The operational de sign domain of the test vehicles .   
 
(2) A list of  all public roads in the jurisdiction where the vehicles will be tested.  
 
(3) The date that testing will begin.  
  
(4)  The days and t imes that testing will be conducted on public roads.  
 
(5)  The number of vehicles to be tested and the types of vehicles to be tested.  
 
(6)  Contact information , including name , telephone number, addres s, and email for the 
contact person for the manufacturer conducting the testing.  
 
(b) The manufacturer certifies that the autonomous test vehicle complies  with the all of the 
following:  
 
(1) There is a communication link between the vehicle and the remote operator to provide 
information on the vehicle’s location and status and allow two -way communication 
between the remote op erator and any passengers if the vehicle experiences any failures 
that would endanger the safety of the vehicle’s passengers or other road users , or 
otherwise prevent the vehicle from functioning as intended,  while operating without a 
driver.  The certific ation shall include : 
 
(A) That the manufacturer will  continuously  monitor the status of the vehicle and 
the two -way communication link  while the autonomous test vehicle is being 
operated without a driver ; 
 
(B) A description of how the manufacturer will  monit or the communication link; 
and, 
 
(C) An explanation of how all of the vehicles tested by the manufacturer will be 
monitored.  
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(2) There is a process to display or communicate vehicle owner or operator information 
as specified in Vehicle Code section  16025 in the event that the vehicle is involved in a 
collision or if there is a need to provide that information to a law enforcement officer for 
any reason.  
(3) The subject autonomous ve hicles comply with all required Federal Motor Vehicle 
Safety Standa rds, Title 49 Code of Federal Regulations, Part 571  and the California 
Vehicle Code, Division 12 (Equipment of Vehicles) , except for manufacturers exempt 
from such requirements pursuant to 49 U.S.C. § 30112(b)(10) .  Alternatively , the 
manufacturer shall  provide evidence of an exemption that has been approved by the 
National Highway Traffic Safety Administration.  
(c)  The manufacturer certifies that the autonomous vehicles  are capable of operating without the 
presence of a driver inside the vehicle and th at the autonomous technol ogy meets the description 
of a level 4 or l evel 5 automated driving system under SAE International’s Taxonomy and 
Definitions for Terms Related to Driving Automation Systems for On -Road Motor Vehicles, 
standard J3016  (SEP2016) , whi ch is hereby incorporated by reference .     
(d) The manufacturer informs the department of  the intended operational design domains  of the 
autonomous vehicle . 
 
(e) The manufacturer provides a copy of a law enforcement interaction plan, which includes 
information that the manufacturer will make available to the law enforcement agencies and other 
first responders in the vicinity of the operational design domains of t he autonomous vehicles that 
will instruct those agencies on how to interact with the vehicle in emergency and traffic 
enforcement situations.  For the purposes of this section “first responder” means law 
enforcement, fire department, and emergency medical personnel.  
 
(1) The law enforcement interaction plan shall include, but not be limited to the 
following:  
 
(A) How to communicate with  a remote operator of the vehicle  who is available at 
all times that the vehicle is in operation , including providing a contact telephone 
number for the manufacturer;  
 
(B) Where, in the vehicle, to obtain owner information, vehicle registration, and 
proof of insurance in the event of a collision or traffic violation involving the 
vehicle;  
 
(C) How to safely remove the vehicle from the roadway;  
 
(D) How to recognize whether the vehicle is in autonomous mode, and if possible, 
how to safely disengage the autonomous mode;  
 
(E) How to detect and ensure that the autonomous mode has actually been 
deactivated,  
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(F) How to safel y interact with electric and hybrid vehicles , when applicable . 
 
(G) A description of the operational design domain of the vehicle.  
 
(H) Any additional information the manufacturer deems necessary regarding 
hazardous conditions or public safety risks associ ated with the operation of the 
autonomo us vehicle . 
 
(2) The law enforcement interaction plan shall be reviewed on a regular basis by the 
manufacturer an d updated as changes are needed, but no less than an annual basis .  
 
(3) Within 10 days of approval of the testing application, the manufacturer shall submit 
the law enforcement interaction plan to the California Highway Patrol by E-mail to , 
AVUnit@chp.ca.gov .  
 
(4) Manufacturers shall provide other law enforcement agencies and  first responders in 
the vicinity of the operational design domain where testing of driverless autonomous 
vehicles is being conducted and the department with the internet web site address where 
the law enforcement interaction plan may be accessed.   
 
(f) The manufacturer shall maintain a training program for its remote operators and certify that 
each remote operator has completed  training sufficient to enable him or her to safely execute the 
duties of a remote operator  and possesses the proper class of lic ense for the type of test vehicle 
being operated .  The manufacturer shall provide the department with a course outline and 
description of the remote operator training program  and the date that each remote operator 
completed the program.  The remote operato r training program shall include, but not be limited 
to the following:  
 
(1) Instruction on the automated driving system technology being tested, including how 
to respond to emergency situations and hazardous driving scenarios  that could be  
experienced by t he vehicle or the vehicle’s occupants.  
 
(2) The instruction shall match the level and technical maturity of the automated driving 
system.  
 
(g) Manufacturers that have publicly disclosed an assessment demonstrating their approaches to 
achieving safety shall  provide the department with a copy of that assessment.  
 
(h) The manufacturer shall disclose to any passenger in the vehicle that is not an employee, 
contractor, or designee of the manufacturer what personal information, if any, that may be 
collected about the passenger and how it will be  used.  
 
(i) The manufacturer shall submit the fee of three thousand six hundred dollars ($3,600.00)  for 
the processing of the application which will accommodate up to 10 driverless autonomous tes t 
vehicles.   The manufacturer may supplement the application with additional pages to add more Autonomous Vehicles  
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than 10 vehicles by su bmitting the additional fee of fifty dollars ($50) for each set of 1 to 10 
vehicles.  
(j)  Within ten (10) days of any chan ge to the contact  information or  the name of the 
manufacturer provided on the Application for Manufacturer’s Testing Permit – Driverless 
Vehicles, a manufacturer shall notify the department in writing on the manufacturer’s letterhead 
of the change, including changes in con tact names, telephone numbers, or mailing address.  
(k) The manufacturer shall submit a revised form OL 318 as specified in subdivision (m) of this 
section prior to implementing changes to:  
(1) Make the vehicle capable of operation at a SAE International le vel that is different 
than and/or in addition to the level in the approved permit.  
(2) Make the vehicle capable of operation on a roadway type that is different than and/or 
in addition to those in the approved permit.  
(3) Increase the maximum speed of th e vehicle by more than 15 miles per hour.  
(4) Make the vehicle capable of operation in geographic areas different than and/or in 
addition to those in the approved permit.  
(l) Any changes or modifications to the Manufacturer’s Testing Permit – Driverless Vehicles  
required by the manufacturer during the term of the permit shall be accomplished by submitting 
a revised form OL 31 8 and submit the additional fee of seventy dollars ($70) for the processing 
of the modification.  
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Sections  385, 16025 , and 38750, 
Vehicle Code;  Title 49 Code of Federal Regulations, Part 571.  
 
 
§ 227.40. Refusal  of Autonomous Vehicle Testing Permit  or Testing Permit Renewal . 
 
The department may refuse an application for a n original or a renewal of a  Manufacturer’s 
Testing Permit  or a Manufacturer’s Testing Permit  – Driverless Vehicles : 
 
(a) For a violation of  Vehicle Code section 38750 or this Article.  
 
(b) For any act or omission of the manufacturer or  one of its agents, employees,  contractors , or 
designees  which the department finds makes the conduct of autonomous vehicle testing on 
public roads by the manufacturer an unreasonable risk to the public.  
 
(c) The department shall provide a written notice o f a refusal to issue a Manufacturer’s Testing 
Permit, or a Man ufacturer’s Testing Permit – Driverless Vehicles as specified in Government 
Code section 11504.  
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference : Section 11504, Government Code,  
Section 38750, Vehicle Code.  
 
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§ 227.42. Suspension or Revocation of Autonomous Vehicle Testing Permit . 
 
(a)  The department may suspend or revoke the Manufacturer’s Testing Permit of any 
manufacturer for any of the following reasons:  
(1) The manufacturer has failed to maintain financial responsibility in the amount 
requir ed by Vehicle Code section 38750  and Sections 227.06, 227.08, or 227.12 of this 
Article.  
 
(2) The manufacturer has violated Vehicle Code section 38750 or this Article.  
 
(3) Any act or omission of the manufacturer or one of its agents, employees, contractors, 
or designees which the department finds makes the conduct of autonomous vehicle 
testing on public roads by the manufacturer an unreasonable risk to the public.  
 
(b) The department may suspend or revoke the Manufacturer’s Testing Permit – Driverless 
Vehicles  of any manufacturer for any of the following reasons:  
 
(1) The manufacturer has failed to maintain financial responsibility in the amount 
required by Vehicle Code section 38570 and Sections 227.06, 227.08, or 227.12 of this 
Article.  
 
(2) The manufacturer has violated Vehicle Code section 38750 or this Article.  
 
(3) The manufacturer’s driverless autonomous vehicles are operating outside of 
operational design domain s pecified in the application submitted pursuant to Section 
227.38 of this article.  
(4) The manufacturer fails to  make the disclosures required by subdivision (i) of Section 
227.38.  
 
(5) Any act or omission of the manufacturer or one of its agents, employee s, contractors, 
or designees which the department finds makes the conduct of autonomous vehicle 
testing on public roads by the manufacturer an unreasonable risk to the public.  
 
(c) The department will provide a 15-day written notice  and follow the procedures specified in 
Government Code section 11505 ,  to the manufacturer before suspending or revoking the 
Manufacturer’s Testing Permit  or a Manufacturer’s Testing Permit  – Driverless Vehicles .  
However, the department shall immediately suspend  or revoke  the Manufacturer’s Testing 
Permit or a Manufacturer’s Testing Permit  – Driverless Vehicles if a manufacturer is engaging in 
a practice in such a manner that immediate suspension is required for the safety of persons on a 
public road .   
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 11505 , Government Code;  
Section 38750, Vehicle Code.  
 
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§ 227. 44. Demand for Hearing . 
 
(a) Upon a refusal by the department to issue or renew a Manufacturer’s Testing Permit or  a 
Manufacturer’s Testing Permit – Driverless Vehicles, or upon the suspension or revocation of 
either permit by the department, the manufacturer shall be entitled to demand in writing a 
hearing before the director or his or her representative within  60 da ys after the notice of refusal.  
 
(b) The hearing shall be conducted pursuant to the provisions of Chapter 5 (commencing with 
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.  
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section 11500, Government Code; and 
38750, Vehicle Code.  
 
 
§ 227.46. Reinstatement of Testing Permit.  
 
Upon the suspension or revocation of a Manufacturer’s Testing Permit or a Manufacturer’s 
Testing Permit  – Driverless Vehicles by the department, the manufacturer shall cease all testing 
of autonomous vehicles on public roads until the department has verified that the manufacturer 
has taken appropriate action to correct the deficiencies that caused the suspension or revocation 
and the department has lifted the suspension  or revocation .  
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§ 227.48. Reporting Collisions . 
 
A manufacturer whose autonomous vehicle  while operating under a Manufacturer’s Testing 
Permit  or a Manufacturer’s Testing Permit  – Driverless Vehicles is in any manner involved in a 
collision  originating from the operation of the autonomous vehicle on a public road that resulted 
in the damage of property or in bodily injury or death shall report the collision  to the department, 
within 10 days after the collision , on Report of Traffic Collision  Involving an Autonomous 
Vehicle , form OL 316 (REV 2/2017) which is hereby incorporated by reference.  The 
manufacturer shall identify on the form, by name and current address, if available, a ll person s 
involved in the  collision , and a full description of how the collision occurred.   Nothing in this 
section relieves any person from compliance with any other statutory and/or regulatory collision  
reporting requirements.  
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§227. 50. Reporting Disengagement of Autonomous Mode.  
 
(a) Upon receipt of a Manufacturer’s Testing Permit or a Manufacturer’s Testing Permit – 
Driverless Vehicles, a manufacturer shall commence retaining data related to the disengagement 
of the autonomous mode.  For the purposes of this section, “disengagement” mean s a 
deactivation of the autonomous mode when a failure of the autonomous technology is detected or Autonomous Vehicles  
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when the safe operation of the vehicle requires that the autonomous vehicle test driver disengage 
the autonomous mode and take immediate manual control of th e vehicle, or in the case of 
driverless vehicles, when the safety of the vehicle, the occupants of the vehicle, or the public 
requires that the autonomous technology be deactivated.   
 
(b) Every manufacturer authorized under this article to test autonomous  vehicles on public roads 
shall prepare and submit to the department an annual report summarizing the information 
compiled pursuant to subsection (a) by January 1st, of each year.  
 
(1) The first report shall cover the period from the date of issuance of t he Manufacturer’s 
Testing Permit or a Manufacturer’s Testing Permit – Driverless Vehicles to November 
30th of the following year.  A manufacturer that holds both a Manufacturer’s Testing 
Permit and a Manufacturer’s Testing Permit – Driverless Vehicles may submit a single 
report that makes clear which disengagements occurred under each type of testing permit.  
 
(2) After the first report, subsequent annual reports shall cover the period December 1st of 
the current year to November 30th of the following year.  
 
(3) The annual report shall summarize disengagements as follows:  
 
(A) An indication of whether the test vehi cle is capable of operating without a 
driver,  
 
(B) The circumstances or testing conditions at the time of the disengagement s 
including:  
 
(i) The location: interstate, freeway,  highway, rural road, street, or parking 
facility.  
 
(ii) Whether the vehicle was  operating with or without a driver at the time 
of the disengagement.  
 
(iii) A description of the facts causi ng the disengagements, including: 
weather conditions, road surface or traffic conditions, construction, 
emergencies, accidents or collisions.  The description should be written in 
plain language with enough detail that a non -technical person can 
understand the circumstances triggering the disengagement.  
 
(iv) The party that initiated the disengagement (autonomous technology , 
autonomous vehicle test driver, remote operator, or passenger).  
 
(4) The annual report shall include t he total number of miles each autonomous vehicle 
tested in autonomous mode on public roads each month.  
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(c) The annual report shall be submitted to the department on the Annual Report of Autonomous 
Vehicle Disengagements, form OL 311R (NEW 9/2017), which is hereby incorporated by 
reference.  
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
 
§ 227. 52. Test Vehicle Registration  and Certificates of Title .  
 
(a) A person shall not drive, move, or leave standing an autonomous test vehicle upon public 
roads unless the department has been notified of its use pursuant to Section 227.16  of this 
Article.  
 
(b) In addition to the require ments set forth in Vehicle Code section 4150 , an application for 
original registration of an autonomous  test vehicle shall include:  
 
(1) The certificate of ownership or certificate of origination from the vehicle 
manufacturer as defined in Vehicle Code sec tion 672.  
 
(2) A written description of the autonomous technology or features integrated into the 
vehicle  and the functional capabilities made possible by this technology . 
 
(c) In addition to the requirements set forth in Vehicle Code section 5902, an application for 
transfer of ownership of an autonomous  test vehicle shall include  a written description of the 
autonomous technology or features integrated into the vehicle.  
 
(d) An autonomous  test vehicle shall be identified as such on the face of the reg istration card and 
any certificate of ownership  and the Autonomous Vehicle Testing (AVT) Program Test Vehicle 
Permit, form OL  313 (REV 2/2017 ), which is incorporated by reference , issued by the 
department pursuant to this Article.  
 
NOTE: Authority cited: Sections 1651  and 38750, Vehicle Code.  Reference: Section 43014, Health and Safety  
Code ; Sections 672, 4150, 5902, 9255.1 and  38750, Vehicle Code.  
 
§227. 54. Transfers of Interest or Title  for an Autonomous Test Vehicle . 
 
No person shall offer for sale, sell, transfer, or dispose of an autonomous test vehicle, or major 
component parts for such a vehicle that has been used for testing purposes on public roads except 
as follows:  
 
(a) To a manufacturer holding a valid autonomous vehicle Manufacturer’s Testing Permit  or a 
Manufacturer’s Testing Permit  – Driverless Vehicles . 
 
(b) The manufacturer disposing of the vehicle has obtained a Nonrepairable Vehicle Certificate 
ensuring that the vehicle is not retitled or resold, and ownership of the vehicle is transferred to an 
auto dismantler.  
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(c) Transfer of ownership to an educational or research institution or a museum where it would 
be appropriate for display or study.  
 
(d)  The manufacturer disposing of the vehicle has obta ined a Nonrepairable Vehicle  Certificate 
ensuring that the vehicle is not retitled or resold and the manufacturer  has internally dismantled 
or disposed of its own vehicle and its major component parts.  
 
NOTE: Authority cited: Sections 1651  and 38750 ; Vehicle Code.  Reference: Section 38750 ; Vehicle 
Code.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Modified Express Terms  
Title 13, Division 1, Chapter 1  
Article 3.8 – Deployment of Autonomous Vehicles  
 
§228.00. Purpose  
In the National Traffic and Motor Vehicle Safety Act of 1966 (49 U.S.C. section 30101 et seq.; 
“Safety Act”), Congress directed the U.S. Department of Transportation to prescribe motor 
vehicle safety standards.  The National Highway Traffic Safety Administration is vested with the 
authorit y to develop Federal Motor Vehicle Safety Standards (49 C.F.R. Part 501, section 501.3).  
Under the Safety Act, no motor vehicle can be sold for use on public roads in the United States 
unless the vehicle manufacturer certifies that the vehicle meets the p erformance requirements 
specified in the Federal Motor Vehicle Safety Standards adopted by the National Highway 
Traffic Safety Administration , or the manufacturer has received the appropriate exemption from 
the National Highway Safety Administration . 
 
(a) The regulations in this article implement, interpret and make specific Division 16.6 
(commencing with section 38750) of the Vehicle Code, originally added by Statutes of 2012, 
Chapter 570 (SB 1298), providing for the regulation of the deployment of autonomous vehicles 
on public roads in California consistent with the Federal Motor Vehicle Safety Standards.  
 
(b) A n autonomous  vehicle shall not be deployed on public roads in California except as 
permitted under Vehicle Code section 38750 and the regulatio ns in this article.   
 
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.   
 
§228.02. Definitions  
As used in this article the following definitions apply:  
(a) “Autonomous technology data recorder” is a me chanism, in addition to, and separate from, 
any other mechanism required by law, installed in an autonomous vehicle to record technical 
information about the status and operation of the vehicle’s autonomous technology sensors for 
30 seconds prior to a coll ision.  
(b) “Autonomous vehicle” means any vehicle equipped with technology that is a combination of 
both hardware and software that has the capability of performing the dynamic driving task 
without the active physical control or monitoring of a natural pe rson, excluding vehicles 
equipped with one or more systems that enhance safety or provide driver assistance but are not 
capable of driving or operating the vehicle without the active physical control or monitoring of a 
human. For the purposes of this artic le an “autonomous vehicle” meets the definition of levels 3, 
4, or 5 of the SAE International’s Taxonomy and Definitions for Terms Related to  Driving  
Automation  Systems  for On -Road Motor Vehicles , Standard J3016  (SEP2016), which is hereby 
incorporated by reference.  
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(c) “Deployment” means the operation of an autonomous vehicle on public roads by members of 
the public who are not employees, contractors, or designees of a manufa cturer or for purposes  of 
sale, lease, providing transportation services for a fee, or otherwise making commercially 
available outside of a testing program . 
 
(d) The definitions specified in Section 227.02 of Article 3.7 shall also apply to this article.  
NOTE: Authority cited: Sections 1651 and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.   
 
§228.04. Financial Requirements for a Permit to Deploy Autonomous Vehicles on Public 
Roads.  
(a)  A manufacturer of autonomous vehicles, both those tha t require a driver inside the vehicle 
and those that do not require a driver inside the vehicle, may satisfy the requirements of Vehicle 
Code section 38750 (c)(3) by presenting evidence of one of the following : 
(1) The manufacturer has in place and has pro vided the department with evidence of the 
manufacturer’s ability to respond to a judgment or judgments for damages for personal 
injury, death, or property damage arising from collisions or accidents caused by the 
autonomous vehicles produced by the manufac turer in the form of an instrument of 
insurance, a surety bond, or proof of self -insurance.  
(2) A surety bond, that  meet s the requirements of Section 227.10  of Article 3.7 , and is 
conditioned that the surety shall be liable if the manufacturer, as principa l, fails to pay 
any final judgment for damages for personal injury, death or prop erty damage arising 
from a  collision involving an autonomous vehicle deployed  by the manufacturer pursuant 
to Vehicle Code section 38750(c), and shall be submitted to the depa rtment with the 
Autonomous Vehicles Manufacturer Deployment Program Surety Bond, form OL 317A 
(New 6/2014) , which is hereby incorporated by reference . 
(3) An insurance that meets the requirements o f Section 227.08  of Article 3.7 .  
(4) A proof of self -insur ance shall meet the requirements of, and be governed by, Section 
227.12 of Article 3.7  and shall be submitted to the department on an Autonomous 
Vehicle Manufacturer’s Deployment Program Application for Certificate of Sel f-
Insurance, form OL 319A (New 2/2017 ), which is hereby incorporated by reference.  
(b) Any cancellation of the permission to satisfy the requirements of Vehicle Code section 
38750, subsection (c)(3), shall be subject to the hearing requirements provided in these 
regulations for the sus pension or revocation of permits or authorizations.  
(c) The manufacturer’s evidence of financial responsibility as required by Vehicle Code section 
38750, subsection (c)(3), is in addition to that required by Vehicle Code section 38750, 
subsection (b)(3), and does not absolve any vehicle owner of the requirement to be able to show, 
at all times, evidence of financial responsibility in the amounts specified in Vehicle Code section 
16056.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Referen ce: Section 995.010, Code of Civil 
Procedure; Sections 11110 through 11113, Government Code; Section 16056, and Section 38750, Vehicle Code.  Autonomous Vehicles  
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§228.06. Application for a Permit for Post -Testing Deployment of Autonomous Vehicles on 
Public Roads.   
(a) Except for testing as provided in Sections 227.30 and 227. 38 of Article 3.7  an autonomous 
vehicle shall not be deployed on any public road in California until the manufacturer has submitted 
and the department has approved an Application for a Permit to Deploy Aut onomous Vehicles on 
Public Streets, form OL 321 (New 2/2017), which is hereby incorporated by reference.   
(1) The manufacturer shall identify in the application the operational design domain in 
which the subject autonomous vehicles are designed to operate  and certify that the 
vehicles are designed to be incapable of operating in the autonomous mode in areas 
outside of the disclosed operational design domain.  
(2) The manufacturer shall identify any commonly -occurring or restricted conditions, 
including but not limited to: snow, fog, black ice, wet road surfaces, construction zones, 
and geo -fencing by location or road type, under which the vehicles are either designed to 
be incapable of operating or unable to operate reliably in the autonomous mode or state 
the mechanism for safely disengaging out of autonomous mode in the event of 
experiencing conditions outside of its operational design domain.  
(3) The manufacturer shall describe how the vehicle is designed to react when it is 
outside of its operational des ign domain or encounters the commonly -occurring or 
restricted conditions disclosed on the application.  Such reactions can include measures 
such as notifying and transitioning control to the driver, transitioning to a minimal risk 
condition, moving the veh icle a safe distance from the travel lanes, or activating systems 
that will allow the vehicle to continue operation until it has reached a location where it 
can come to a complete stop.  
(4) The manufacturer shall submit the fee of three thousand two hundred and seventy -five 
dollars ($3,275) for the processing of the application.   
(5) The manufacturer must provide on the application the number of the Manufacturer’s 
License issued by the d epartment pursuant to Vehicle Code section 11701.  
(6) The manufacturer shall certify in the application that the autonomous vehicles are 
equipped with an autonomous technology data recorder that captures and stores 
autonomous technology sensor data for all  vehicle functions that are controlled by the 
autonomous technology at least 30 seconds before a collision with another vehicle, person, 
or other object while the vehicle is operating in autonomous mode.  The data captured and 
stored by the autonomous tech nology data recorder, in a read only format, must be capable 
of being accessed and retrieved by a commercially available tool.  
(7) The manufacturer shall certify that the  autonomous vehicles comply with all 
applicable Federal Motor Vehicle Safety Standard s, Title 49 Code of Federal 
Regulations, Part 571, and the California Vehicle Code, Division 12 (Equipment of 
Vehicles), or the manufacturer shall provide evidence of an exemption that has been 
approved by the National Highway Traffic Safety Administration . Autonomous Vehicles  
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(8) The manufacturer shall certify that the autonomous technology meets Federal Motor 
Vehicle Safety Standards, if any, for the vehicles’ model year, and that the autonomous 
technology does not make inoperative any Federal Motor Vehicle Safety Standards,  Title 
49 Code of Federal Regulations, Part 571, and the California Vehicle Code, Division 12 
(Equipment of Vehicles).  
(9) The manufacturer shall certify that the autonomous technology is designed to detect 
and respond to roadway situations in compliance w ith all provisions of the California 
Vehicle Code and local regulation applicable to the performance of the dynamic driving 
task in the vehicle’s operational design domain, except when necessary to enhance the 
safety of the vehicle’s occupants and/or other  road users.  
(A) The manufacturer shall also certify that, when necessary, it will make 
available updates pertaining to the autonomous technology at least annually or by 
the effective date of any changes in the California Vehicle Code and local 
regulation  applicable to the operation of motor vehicles to ensure that the 
autonomous vehicle is in compliance with any changes made to the California 
Vehicle Code and local regulation applicable to the performance of the dynamic 
driving task in the vehicle’s opera tional design domain.  
(B) The manufacturer shall also certify that it will make available updates 
pertaining to location and mapping information utilized or referenced by the 
autonomous technology for the safe operation of the vehicle in the operational 
design domain on a continual basis consistent with changes to the physical 
environment captured by the maps sensors, or other information.  
(C) The  manufacturer shall notify the registered owner of the autonomous vehicle 
of the availability of the updates pursuant to (A) and (B) above and provide 
instructions on how to access the updates .  
(10) A certification that the autonomous vehicles meet appropriate and applicable current 
industry standards to help defend against,  detect , and respond to cyber -attacks,  
unauthorized intrusions, or false vehicle control commands.  
(11) A certification that the manufacturer has conducted test and validation methods and 
is satisfied , based  on the results of the tests  and validations , that the vehicles are safe  for 
deployment on public roads  in California . 
(b) In  addition to the requirements specified in sub section  (a), for vehicles that do not require a 
driver, the manufacturer shall also certify that the vehicle complies with all of the following:  
(1) A commu nication link between the vehicle and the remote operator , if any,  to provide 
information on the vehicle’s location and status and allow two -way communication 
between the remote operator and any passengers , if applicable,  should the vehicle 
experience s any failures that would endanger the safety of the vehicle’s passengers or 
other road users while operating without a driver.  
(2)  The ability to display or transfer vehicle owner or operator information as specified 
in Vehicle Code section 16025 in the e vent that the vehicle is involved in a crash, Autonomous Vehicles  
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collision, or accident or if there is a need to provide that information to a law 
enforcement officer for any reason.  
(3) Any vehicle that is not equipped with manual controls  for completing the dynamic 
drivin g task , such as a steering wheel, brake pedal, and accelerator pedal, complies with 
all applicable Federal Motor Vehicle Safety Standards, or the manufacturer provides 
evidence of an exemption that has been approved by the National Highway Traffic Safety 
Administration.  
(c) The manufacturer shall submit with the application all of the following:  
(1) For vehicles to be sold or leased to persons other than the manufacturer, a  consumer 
or end user education plan, which covers the operational design domain of the vehicle, 
which also includes the following:  
(A) The identification of any and all restrictions of the autonomous technology in 
the autonomous vehicles and an explanation of the educational materials that will 
be provided to end users of the autonomous vehicles produced by the 
manufacturer.  
(B) A copy of the sections of the vehicle owner’s manual, or an equivalent vehicle 
operator instruction guide or pamphlet that provides information on the following:  
(i) The mechanism to engage and disengage the autonomous technology 
showing that the mechanism is easily accessible to the vehicle operator.  
(ii) The visual indicator inside the vehicle’s cabin to indicate when the 
autonomous technology is engaged.  
(iii) The operator and manufacturer’s responsibilitie s with respect to the 
operation of the autonomous vehicles.  
(C) An explanation how end users will receive education after purchasing a 
previously -owned vehicle.  
(D) The internet web site address where copies of the end user education plan 
may be accessed shall be provided at no cost to law enforcement and emergency 
response agencies in the vicinity of the operational design domain of the vehicles 
and shall be provided to the California Highway Patrol at the  E-mail address 
provided in section  227.38  (f)(3) of Article 3.7 . 
(2) A description of how a vehicle that meets the Society of Automotive Engineers’ 
definition of a level 4 or level 5 vehicle, or for vehicles that meet the Society of 
Automotive Engineers’ definition of a level 3 vehicle and the driver do es not or is unable 
to take manual control of the vehicle, will safely come to a complete stop when there is 
an autonomous technology failure that would endanger the safety of the vehicle’s 
occupants or other road users, including but not limited to, all o f the following:  
(A) To the extent practicable, moving the vehicle a safe distance from the travel 
lanes.  Autonomous Vehicles  
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(B) Activation of systems that will allow the vehicle to continue operation until 
the vehicle has reached a location where it can come to a complete stop.  
(3) A copy of a law enforcement interaction plan that meets all of the requirements 
specified in Section 227.38 (f) of Article 3.7 . 
 
(4) A copy of the written disclosure required by Section 228.24.  
 
(5) A certification that the subject autonomous ve hicle satisfies each requirement of 
Vehicle Code section 38750, subsection (c)(1).  
(6) A certification that the manufacturer has complied with its responsibility to register 
with the National Highway Traffic Safety Administration and that it is aware of it s 
responsibilities to comply with federal motor vehicle safety requirements.  
(7)  A summary of the manufacturer’s autonomous technology testing in the operational 
design domain in which the subject autonomous vehicles are designed to operate.   The 
summary shall describe all locations where the vehicle has been tested and shall include:  
(A) The total number of vehicle test miles driven on public roads, on test tracks, 
or other private roads in autonomous mode.  
(B) A description of the testing methods used t o validate the performance of the 
subject autonomous vehicles.    
(C) The number of collisions originating from the operation of the autonomous 
test vehicles in autonomous mode on public roads that resulted in damage of 
property  to any one person in excess of one thousand dollars ($1,000),  or bodily 
injury or death, and a full description of the cause of each collision and measures 
taken to remediate the cause of each collision where applicable.   
(d) Manufacturers that have publicly disclosed an assessment demonstrating their approaches to 
achieving safety shall provide the department with a copy of that assessment.  
 
(e) The requirements identified in subsections (b), (c), and (d) of this section shall be submitted 
as follows : 
(1) Documents shall be submitted on business letterhead and clearly identify the party 
completing the plan or report.  
(2) Each plan or report shall contain at least a two -page summary including the contents 
and conclusion of the plan or report. Charts, g raphs or other visual or audio materials 
may be included as attachments to the summary.  
(3) Each page shall be sequentially numbered, and contain the name of the party 
completing the plan or report, and shall name or identify the subject autonomous vehicle s 
covered by the technology in the plan or report.   Autonomous Vehicles  
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(4) Each plan or report shall be signed and dated under penalty of perjury, by the party 
completing the plan or report, certifying the correctness of its contents.  
NOTE: Authority cited: Sections 1651, a nd 38750, Vehicle Code.  Reference: Sections 322, 11701, and 38750, 
Vehicle Code; Title 49 Code of Federal Regulations, Part 571.  
 
§228.08.  Review of Application.  
(a) The department shall review the applications submitted pursuant to Section 228.06 and no tify 
the manufacturer within thirty ( 30) business days of receipt whether the application is 
determined to be incomplete.  After notification by the department, manufacturers may submit 
materials necessary to complete the application up to one year after t he date of the original 
submission of the application.  
(b) Applications deemed complete will be reviewed for approval,  except as required by the 
timeframes set forth in Vehicle Code section 38750.  
(c) The department shall issue a notice of correction to ma nufacturers whose applications are 
deemed deficient in content details within thirty (30) business days of the application being 
deemed complete.  The manufacturer may resubmit the application with the corrections required 
by the notice of correction withi n one year of the original submission of the application.  
(d) Pending applications that have not been approved by the department after notice of 
incompleteness under subsection (a) or notice of correction under subsection (c) shall expire one 
year from the  original date of submission to the department.  
(e) The department shall approve the application if the manufacturer has:  
(1) Submitted all the information and certifications required by Sections 228.04 and 
228.06; and,  
(2) based on the submitted informati on and certifications, conducted testing necessary to 
satisfy the department that the subject autonomous vehicles are safe to operate on public 
roads.  
(f) An application submitted under section 228.06 (b) will not be approved until 30 days after the 
depart ment has provided the public notice require by Vehicle Code Section 38750 (f).  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
§228.10.  Amendment of Application.  
 
(a) Within ten (10) days of any change to the contact information  or the name of the 
manufacturer  provided on the Application for a Permit to Deploy Autonomous Vehicles on 
Public Streets or Application for a Permit to Deploy Driverless Autonomous Vehicles on Public 
Streets, a manufacture r shall notify the department in writing on the manufacturer’s letterhead of 
the change, including changes in contact names, telephone numbers, or mailing address.  
(b) A manufacturer shall submit an amended application for public deployment prior to 
implem enting  changes that:  Autonomous Vehicles  
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(1)  Make the vehicle capable of operation at a  SAE International level that is different 
than and/or in addition to the level in the approved permit.  
(2)  Make the vehicle capable of operation on a roadway type that is different tha n and/or 
in addition to those in the approved permit.  
(3) Increase the maximum speed of the vehicle by more than 15 miles per hour.  
(4) Make the vehicle capable of operation in geographic areas different than and/or in 
addition to those in the approved p ermit.  
(5) Remove any commonly -occurring or restricted conditions that were identified on the 
approved permit.   
(c) A manufacturer shall not deploy vehicles with the changes specified in this section until the 
amended application has been approved by the  department.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
§228.12.  Reporting Safety Defects.  
 
A manufacturer who identifies a safety -related defect in their autonomous technology that 
creates an u nreasonable risk to safety shall submit to the department a copy of the report 
prepared in compliance with the timeframe and requirements specified in Part 573, Title 49 of 
the Code of Federal Regulations.   
 
NOTE: Authority cited: Sections 1651, and 38750 , Vehicle Code.  Reference: Section 38750, Vehicle Code; Part 
573, Title 49, Code of Federal Regulations.  
 
§228.14.  Conditions Related to the Term of Permit.  
 
Every Permit to Deploy Autonomous Vehicles on Public Streets issued under this article shall be 
valid until such time that it is suspended or revoked by the department pursuant to section 228.22 
or surrendered by the manufacturer.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
§228.16. Refusal of an Application for a Permit to Deploy  
The department may refuse an Application for a Permit to Deploy Autonomous Vehicles on 
Public Streets for any of the following:  
(a) If a manufacturer violates any provision of Vehicle Code section 38750, sub section (c), or 
this Article.  
(b) For any act or omission of the manufacturer or one of its agents, employees, contractors, or 
designees which the department determines creates a safety risk to the public.  
(c) The department shall provide a written notice of a refusal to issue a Permit to Deploy  
Autonomous Vehicles on Public S treets as specified in Government Code section 11504.  Autonomous Vehicles  
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NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 11504, Government Code, 
Section 38750, Vehicle  Code.  
§228.18. Demand for Hearing on Refusal of Permit.  
(a) Upon refusal by the department to issue a Permit to Deploy Autonomous Vehicles on Public 
Streets, a manufacturer shall be entitled to request in writing a hearing before the director or his 
or he r representative.  Such request must be delivered to the department within 60 days after the 
notice of refusal is issued.  
(b) The hearing shall be conducted by the director or by a hearing officer appointed by the 
director from the officers or employees of  the department at a time and place designated by the 
department.  
(c) Upon conclusion of the hearing the  director or  hearing officer shall make findings and render 
a determination on behalf of the department and shall notify the manufacturer within 30 days .  
(d) All matters in a hearing not covered by this section shall be governed, as far as applicable, by 
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the 
Government code.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 11500 et seq., Government 
Code; Section 38750, Vehicle Code.  
 
§228.20.  Suspension or Revocation of Permit.  
(a) The department will provide a 30 -day written notice , under the procedures  specified in 
Government Code section  11505,  to the manufacturer before suspending or revoking the Permit 
to Deploy Autonomous Vehicles on Public Streets.  The department may suspend or revoke a 
Permit to Deploy Autonomous Vehicles on Public Streets for any of the following reasons:  
(1) The m anufacturer has failed to maintain financial responsibility in the amount 
required by Vehicle Code section 38750, subsection (c)(3), and section 228.04  of this 
Article.   
(2) The manufacturer submitted incorrect or misleading information in the Application  
for a Permit to Deploy Autonomous Vehicles on Public Streets.  
(3) The manufacturer fails to report to the department any change to the information or 
certifications required and provided in the application under Section 228.10 within 10 
days of the date o f the change.  
(4) The manufacturer fails to comply with any of the provisions of this article related to 
the deployment of autonomous vehicles.  
(b) The department may immediately suspend the Permit to Deploy Autonomous Vehicles on 
Public Streets for any of the following reasons:  
(1) If a manufacturer’s vehicle manufacturer, distributor, or remanufacturer license has 
been suspended or revoked by the department.  Autonomous Vehicles  
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(2) If the manufacturer deploys any vehicle equipped with autonomous vehicle functions 
that were  not disclosed in the manufacturer’s Application for a Permit to Deploy 
Autonomous Vehicles on Public Streets.  
(3) If the manufacturer has misrepresented any information related to safety of the 
autonomous technology of its vehicles.  
(4) If the National Hi ghway Traffic Safety Administration determines that the 
autonomous technology of the manufacturer’s vehicles makes inoperative any federally 
required motor vehicle safety systems.  
(5) If the manufacturer’s autonomous vehicles are subject to an open Nation al Highway 
Traffic Safety Administration recall related to the vehicle’s  autonomous technology.  
Such immediate suspension shall apply only to those vehicles the National Highway 
Traffic Safety Administration has deemed subject to the open recall.  
(6) Based upon the performance of the vehicles, the department determines the 
manufacturer’s vehicles are not safe for the public’s operation.  
 
(c) Upon suspension or revocation by the department of a Permit to Deploy Autonomous 
Vehicles on Public Streets, a m anufacturer shall cease all further deployments of affected 
autonomous vehicles  with the affected autonomous technology feature enabled  on public streets 
until the department has verified that the manufacturer has taken appropriate action to correct the 
deficiencies or complied with the National Highway Traffic Safety Administration recall that led 
to the suspension or revocation and the suspension has been lifted or the revocation withdrawn 
by the department.  
(d) Upon suspension or revocation by the depar tment of a Permit to Deploy Autonomous 
Vehicles on Public Streets, a manufacturer shall also notify all owners of its autonomous 
vehicles that the manufacturer’s Permit to Deploy has been suspended or revoked by the 
department and the reason for the suspen sion or revocation.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 11505, Government Code, 
Section 38750, Vehicle Code.  
 
§228.22.  Administrative Procedures for a Suspension or Revocation of Permit.  
(a) A manufacturer th at has received an order of suspension or revocation from the department 
may request in writing a hearing on the matter as specified in Section 228 .18.  Any hearing shall 
be conducted by the director or by a hearing officer appointed by the director from the officers or 
employees of the department.  
(1) If a manufacturer wishes to have a hearing before the effective date of the order of 
suspension or revocation, the request for hearing shall be made within ten days of the 
receipt of the order of suspension or revocation.  The hearing shall be held at a time and 
place designated by the department.  
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(2) The department shall hold the hearing before the effective date of the order of 
suspension or revocation if the request for hearing is received by the by the department on 
or before ten days after the manufacturer’s receipt of the order of suspension or revocation.  
 
(3) The only issues at the hearing on an order of suspension of revocation shall be those 
listed in subsection s (a) and (b) of Section 228.20.  
 
(4) Upon conclusion of the hearing the  director or the  hearing officer shall make findings 
and render a determination of behalf of the department and shall notify the manufacturer.  
The decision shall take effect as stated in the order of suspension or rev ocation.  
 
(5)  A request for hearing does not stay the order of suspension or revocation.  If the 
department does not conduct a hearing and make a determination before the effective date 
of the suspension or revocation, the department shall stay the effec tive date of the order 
pending the determination.  
 
(b) If a suspension or revocation is effective immediately as specified in sub section  (b) of 
Section 228.20, the manufacturer may request a hearing within five days of receipt of the order 
of suspension o r revocation.  The department shall provide for a hearing within a reasonable time 
not to exceed 21 days after a written request for hearing is filed with the department.  A request 
for hearing does not stay the effective date of the suspension or revocati on.  
(1) If the order is for a suspension of a permit, at the hearing the manufacturer shall show 
cause why the suspension should not be continued.  Following the hearing the department 
may terminate the suspension or continue the suspension in effect.  
 
(2) If the order is for a revocation of a permit, at the hearing the manufacturer shall show 
cause why the permit should not be revoked.  Following the hearing the department may 
sustain the revocation or determine that the permit should be suspended.  
 
(c) All matters in a hearing not covered by this section shall be governed, as far as applicable, by 
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the 
Government Code.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle C ode.  Reference: Section 38750, Vehicle Code.  
 
§228.24.   Information Privacy.  
(a) The manufacturer shall either:  
(1) Provide a written disclosure to the driver of an autonomous vehicle, and for vehicles 
that do not require a driver, the  passengers of the vehicle, that describes the personal 
information collected by the autonomous technology that is not necessary for the safe 
operation of the vehicle  and how it will be used;  or, Autonomous Vehicles  
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(2) Anonymize the information that is not necessary for the safe operat ion of the vehicle.  
 
(b) With respect to a vehicle the manufacturer sells or leases to a customer, if the information is 
not anonymized, the manufacturer shall obtain the written approval of the  registered owner or 
lessee  of an autonomous vehicle to collec t any personal information by the autonomous 
technology that is not necessary for the safe operation of the vehicle.  
(c)  A manufacturer shall not deny use of an autonomous vehicle to any person on the basis that 
they do not provide the written approval s pecified in sub section  (b) of this section.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 38750, Vehicle Code.  
 
§228.26.  Registration  of Autonomous Vehicles.  
(a) In addition to the requirements set forth in Vehicle Code section 4 453 (a), a registration card 
for an autonomous vehicle shall identify the vehicle as autonomous.  
(b) In addition to the requirements of Vehicle Code section 4451, the certificate of ownership for 
an autonomous vehicle shall identify the vehic le as autonomous.   
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference: Section 43014, Health and Safety 
Code; Section 672, 4150, 5902, and 38750, Vehicle Code.  
 
 
§228. 28. Statements About Autonomous Technology  
(a) No manufacturer or  its agents shall represent in any advertising for the sale or lease of a 
vehicle that a vehicle is autonomous unless it meets all of the following requirements:  
(1) The vehicle meets the definition of an autonomous vehicle specified in Vehicle Code 
sectio n 38750 and section 22 8.02 (b) of Article 3. 8. 
 
(2) The vehicle was manufactured by a manufacturer licensed pursuant to Vehicle Code 
section 11701 also holding a valid autonomous vehicle manufacturer’s permit issued 
pursuant to this Article at the time of the vehicle’s manufacture.  
 
(b) The use of terms to describe the performance of a vehicle that is known, or by the exercise of 
reasonable care should be known, will likely induce a reasonably prudent person to believe a 
vehicle is autonomous, as defined in  Vehicle Code section 38750 and 228.02 (b) of Article 3.8 , 
constitute an advertisement that the vehicle is autonomous for the purposes of this section and 
Vehicle Code section 11713.  
NOTE: Authority cited: Sections 1651, and 38750, Vehicle Code.  Reference : Sections 11701, 11713, and 38750, 
Vehicle Code.