1. (a) The manufacturer has identified each remote driver to the department at the time of any original, renewal, or modification application described in Article 3.7, as applicable, providing the driver's true full name, driver's license number, and jurisdiction of issuance of the license, and the remote driver has been issued a Remote Driver Permit, form OL 323 (Rev. 8/2025), which is hereby incorporated by reference.

2. (b) Functional requirements.

   1. (1) A manufacturer utilizing remote driving in its operations on public roads shall provide the department a description of the specific remote driving tasks that may be assigned; the circumstances under which remote driving may occur; and the system and policies for assigning persons to be available for and engage in remote driving.
   2. (2) Remote driving may only be performed by a person who has been trained and certified for the assigned remote driving task.
   3. (3) A manufacturer shall describe the method for updating tooling utilized for remote driving to enable changes and improvements as appropriate.
   4. (4) The manufacturer shall provide a description of fatigue risk assessments and how it will reduce or prevent human fatigue, error, or other adverse effects of fatigue.
   5. (5) The remote driver shall have the ability to immobilize the autonomous vehicle, follow instructions issued by first responders, allow an emergency response official to move the autonomous vehicle if it is equipped with an override system, or cause the autonomous vehicle to move as directed by an emergency response official.
   6. (6) The remote driver shall have the ability to bring the autonomous vehicle to a controlled stop in its current travel path allowing the vehicle to remain stopped and not perform any functions in autonomous mode.
   7. (7) The manufacturer shall immediately remove any remote driver who no longer meets the eligibility requirements in this article. The remote driver may not be reinstated until the manufacturer has verified the person meets the eligibility requirements in this article.
   8. (8) The manufacturer shall immediately remove any remote driver of an autonomous heavy-duty commercial motor vehicle 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.
   9. (9) Each remote driver shall comply with commands from the California Highway Patrol or other law enforcement officer during a vehicle inspection or traffic stop and will not cause the vehicle to move unless directed by a law enforcement officer.

3. (c) Training requirements.

   1. (1) To perform a remote driving task, a person must receive training that includes training and assessment of knowledge about the automated driving system, escalation processes, and tooling utilized to engage in remote driving tasks.
   2. (2) Training and assessments shall be designed to enable sufficient evaluation of a person's readiness to respond to the specific type of tasks assigned.
   3. (3) A person may be certified for assignment of a specific type of remote driving task only after completion of foundational training and assessments and necessary training for that specific type of task.
   4. (4) Records, including the individual's true first name, driver's license number and jurisdiction of issuance, shall be continually maintained showing at any given time a list of remote driving tasks and each person who is trained and certified for each task.
   5. (5) Within 10 business days of the adoption of any material modifications, the manufacturer shall provide the department with the modified version of the course outline and description of the training program.

4. (d) Qualifications.

   1. (1) The remote driver of an autonomous heavy-duty commercial vehicle shall comply with subparts (F), (G), and (H) of part 383 of Title 49 of the Code of Federal Regulations.
   2. (2) The remote driver meets eligibility requirements as described in section 227.38(a).
   3. (3) The person is an employee, contractor, or designee of the manufacturer.
   4. (4) The person has been trained and is certified to respond to each request they are assigned.

   5. (5) The person holds a valid driver's license with endorsements, if applicable for the type of vehicle being operated, and 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.
   6. (6) The person 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.
   7. (7) Each remote driver that operates 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. All logs of hours-of-service records must be available for inspection at the manufacturer's terminal location pursuant to the Basic Inspection of Terminals program requirements contained in Vehicle Code section 34501.12.
   8. (8) Each remote driver that operates 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. All records must be available for inspection at the manufacturer's terminal location pursuant to the Basic Inspection of Terminals program requirements contained in Vehicle Code section 34501.12.

A manufacturer shall not allow any person to act as a remote driver unless all of the following have been met:

Note: Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Section 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 227.38 to section 227.44 and new section 227.38 filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9).

3. Change without regulatory effect amending form OL 318, Autonomous Vehicle Tester (AVT) Program Application for a Manufacturer's Testing Permit -- Driverless Vehicles (incorporated by reference) amending first paragraph filed 4-15-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 16).

4. Change without regulatory effect amending subsection (c) filed 4-5-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 14).

5. Change without regulatory effect amending first paragraph and subsection (l) filed 3-19-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 12).

6. Renumbering of former section 227.38 to section 227.42 and new section filed 4-28-2026; operative 4-28-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).