1. (a) The manufacturer has identified each autonomous vehicle test driver to the department, providing the driver's true full name and the driver's license number and jurisdiction of issuance of the license, and the autonomous vehicle test driver has been issued an Autonomous Vehicle Testing (AVT) Program Test Vehicle Operator Permit, form OL 314 (Rev. 10/2023), which is hereby incorporated by reference.

   1. (1) For each autonomous vehicle test driver, the manufacturer shall maintain a physical copy of the Autonomous Vehicle Testing (AVT) Program Test Vehicle Operator Permit, form OL 314 (Rev. 10/2023), which is hereby incorporated by reference, in the vehicle the autonomous vehicle test driver is operating at all times while the vehicle is operating on public roads.

2. (b) The manufacturer has certified to the department, for each autonomous vehicle test driver permitted by the manufacturer, that the natural person meets all of the following requirements:

   1. (1) Each autonomous vehicle test driver has maintained a valid license for the three years immediately preceding application to the department; and, at that time the natural person:

      1. (A) Did not have more than one violation point count determined as provided in subdivisions (a), (b), (c), (d), (e), (g), or (h) of Vehicle Code section 12810.
      2. (B) Was not the at-fault driver of a motor vehicle involved in an accident that resulted in injury or death of any person.
      3. (C) For the ten years immediately preceding application to the department was 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. (2) The autonomous vehicle test driver has completed the manufacturer's autonomous vehicle test driver training program and the date the driver completed the program.
   3. (3) Each autonomous vehicle test driver is enrolled in the manufacturer's Employer Pull Notice Program and must meet all eligibility requirements described in this article on a continuous basis while holding an active permit issued by the department.
   4. (4) The manufacturer shall immediately remove any autonomous vehicle test driver, who no longer meets the eligibility requirements in this article. The person may not be reinstated to the Autonomous Vehicle Tester (AVT) Program until the manufacturer has verified the person now meets the eligibility requirements in this article.

   5. (5) Absent any contrary requirements imposed by the Federal Motor Carrier Safety Administration:

      1. (A) Each autonomous vehicle test driver that drives an autonomous heavy-duty commercial motor vehicle shall comply with the hours-of-service regulations, for the type of vehicle being driven or operated, set forth in Title 49 Code of Federal Regulations, Part 395, for vehicles engaged in interstate commerce, or Title 13 California Code of Regulations, Division 2, Chapter 6.5, for vehicles engaged in intrastate commerce, as those terms are defined in Title 13 California Code of Regulations, Section 1201.
      2. (B) Each autonomous vehicle test driver that drives an autonomous heavy-duty commercial motor vehicle, for a type of commercial motor vehicle defined in Title 49 Code of Federal Regulations, section 382.107, shall be enrolled in a Controlled Substance and Alcohol Testing Program meeting the requirements of Title 49 Code of Federal Regulations, Part 382, and shall comply with Vehicle Code section 34520.
      3. (C) Each autonomous vehicle test driver that drives an autonomous heavy-duty commercial motor vehicle, for a type of commercial motor vehicle that is not defined in Title 49 Code of Federal Regulations, section 382.107, shall be enrolled in a Controlled Substance and Alcohol Testing Program which is substantially similar to federal drug testing regulations contained in Title 49 Code of Federal Regulations, Part 382.
      4. (D) The manufacturer of an autonomous heavy-duty commercial motor vehicle shall immediately remove any autonomous vehicle test driver who engages in conduct prohibited by the Controlled Substance and Alcohol Testing Program, pursuant to Title 49 Code of Federal Regulations, Section 382.501. The person may not be reinstated to the Autonomous Vehicle Tester (AVT) Program by the department until that person has met the return-to-duty requirements contained in Title 49 Code of Federal Regulations, Part 40, Subpart O.

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:

Note: Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Sections 12810 and 38750, Vehicle Code.

History

1. New section filed 5-19-2014; operative 9-16-2014 pursuant to Vehicle Code section 38750(f) (Register 2014, No. 21).

2. Renumbering of former section 227.34 to section 227.26 and renumbering and amendment of former section 227.20 to section 227.34 filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9).

3. Change without regulatory effect amending form OL 314, Autonomous Vehicle Testing (AVT) Program Test Vehicle Operator Permit (incorporated by reference) and amending subsection (a) filed 4-15-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 16).

4. Amendment of section heading and section filed 4-28-2026; operative 4-28-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).