Cal. Code Regs. tit. 13, § 228.08
Application for a Permit for Post-Testing Deployment of Autonomous Vehicles on Public Roads.
Effective Apr 28, 2026Register 2026, No. 18Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Sections 322, 385, 11701, 16025, 2410, 21367, 21461, 35400, 35401, 35401.5, 35559, 35650, 35655, 38750, 35753 and 38750, Vehicle Code; and Title 49 Code of Federal Regulations, Part 571.State of California
(a) Except for testing as provided in Sections 227.28 and 227.42 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 a Deployment Permit Application, form OL 321 (Rev. 2/2025), which is hereby incorporated by reference. A manufacturer submitting an Original Deployment Permit Application, form OL 321 (Rev. 2/2025), or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025), which is hereby incorporated by reference, may also choose to submit the form via the department's web page or portal.
(1) In order to submit an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall provide the department with:
(A) Certification that the manufacturer, except a manufacturer of autonomous heavy-duty commercial motor vehicles, as described in (B), has tested a minimum of 50,000 autonomous miles on public roads throughout the intended operational design domain with a valid Drivered Testing Permit, form OL 315 (Rev. 9/2024), which is hereby incorporated by reference, for vehicles that require a driver physically located in the driver's seat of the vehicle or with a valid Driverless Testing Permit, form OL 315A (Rev. 10/2023), which is hereby incorporated by reference, for vehicles that are capable of operating without the presence of a driver physically located in the driver's seat of the vehicle. A manufacturer operating a low-speed autonomous vehicle shall test a minimum of 10,000 autonomous miles on public roads throughout the intended operational design domain with a valid Drivered Testing Permit, form OL 315 (Rev. 9/2024), which is hereby incorporated by reference, for vehicles that require a driver physically located in the driver's seat of the vehicle or with a valid Driverless Testing Permit, form OL 315A (Rev. 10/2023), which is hereby incorporated by reference, for vehicles that are capable of operating without the presence of a driver physically located in the driver's seat of the vehicle.
(i) The results of an assessment, of operational data from testing with a valid Testing Permit, form OL 315 (Rev. 9/2024), which is hereby incorporated by reference, and/or form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, described in subsection (D).
- (aa) The department may request additional information from the manufacturer that it deems necessary to assess the safety of operating an autonomous vehicle on public roads.
(B) A manufacturer of autonomous heavy-duty commercial motor vehicles must have tested a minimum of 500,000 autonomous miles on public roads throughout the intended operational design domain and in all conditions under which the subject automated driving system is intended to operate with a valid Drivered Testing Permit, form OL 315 (Rev. 9/2024), which is hereby incorporated by reference, and a minimum of 500,000 autonomous miles with a valid Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference,. Up to 400,000 of these miles on either the Drivered Testing Permit, form OL 315 (Rev. 9/2024) which is hereby incorporated by reference, or Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, may occur in other jurisdictions contingent upon the manufacturer providing all the reports that California requires to cover that out-of-state testing as described in subsection (E). 100,000 miles must occur within the intended operational design domain in California. 100,000 miles on the Driverless Testing Permit, form OL 315A (Rev. 10/2023), which is hereby incorporated by reference, must occur within the intended operational design domain in California.
- (i) The results of an assessment, of operational data from testing with a valid Testing Permit, form OL 315 (Rev. 9/2024) and/or form OL 315A (Rev. 10/2023), which is hereby incorporated by reference, described in subsection (D).
- (ii) The department may request additional information from the manufacturer that it deems necessary to assess the safety of operating an autonomous heavy-duty commercial motor vehicle on public roads.
- (C) A comprehensive description of a safety case, supported by a description of the evidence demonstrating: functional safety, safety of the intended function, artificial intelligence safety, cybersecurity, and operational safety. Each of these areas must be addressed in accordance with relevant standards and best practices. The comprehensive description of a safety case must also include core safety information elements documentation, as outlined in section 227.02(xx) of Article 3.7. If any element of the core safety information is not applicable, the manufacturer shall provide a justification explaining its exclusion. The department's review of the safety case may involve consultation with third-party experts.
(D) An assessment of operational data pursuant to Subsection (A)(i) and (B)(i) shall include:
(i) For Automated Driving System features that meet the definition of an SAE International's J3016 Level 3:
- (aa) The total number of vehicle test miles driven on public roads in autonomous mode in the operational design domain described in the Original Deployment Permit Application, form OL 321 (Rev. 2/2025), which is hereby incorporated by reference. The report shall be submitted using the electronic Vehicle Miles Traveled Template (Rev. 12/2025), provided by the department, which is hereby incorporated by reference. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (bb) Copies of collision reports submitted to the National Highway Traffic Safety Administration in the year prior to the date of application. The report shall be submitted using the electronic Collision Reporting Template (Rev. 12/2025) provided by the department, which is hereby incorporated by reference. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (cc) Any braking event, as defined in section 227.66 of Article 3.7, subsection (a), occurring during the operation of an autonomous vehicle in autonomous mode on public roads within the 12 months preceding to the Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference. The report shall be submitted using the electronic Braking Event Reporting Template (Rev. 12/2025), provided by the department, which is hereby incorporated by reference. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (dd) A report of any dynamic driving task performance relevant system failure as defined in section 227.56 of Article 3.7 within the 12 months preceding the Deployment Permit Application, form OL 321 (Rev. 2/2025), which is hereby incorporated by reference. The report shall include all the reporting elements identified in section 227.56(c) of Article 3.7. The report shall be submitted using the electronic Dynamic Driving Task Performance Relevant System Failure Reporting Template (Rev. 12/2025) provided by the department, which is hereby incorporated by reference. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
(ii) For Automated Driving System features that meet the definition of an SAE J3106 Level 4 or 5:
- (aa) The total number of vehicle test miles driven on public roads in autonomous mode in the operational design domain described in the Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference. The report shall be submitted using the electronic Vehicle Miles Traveled Template (Rev. 2/2025), provided by the department, which is hereby incorporated by reference. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (bb) Copies of collision reports submitted to the National Highway Traffic Safety Administration in the year prior to the date of application. The report shall be submitted using the electronic Collision Reporting Template (Rev. 2/2025), which is hereby incorporated by reference, provided by the department. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (cc) Any braking event, as defined in section 227.66 of Article 3.7, subsection (a), occurring during the operation of an autonomous vehicle in autonomous mode on public roads within the 12 months preceding the Original Deployment Permit Application, form OL 321 (Rev. 2/2025), which is hereby incorporated by reference. The report shall be submitted using the electronic Braking Event Reporting Template provided by the department. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (dd) A summary report of any vehicle immobilization occurring within the 12 months preceding the Original Deployment Permit Application, form OL 321 (Rev. 2/2025), which is hereby incorporated by reference. The report shall include all the reporting elements identified in section 227.58(b) of Article 3.7. The report shall be submitted using the electronic Vehicle Immobilization Reporting Template (Rev. 12/2025) provided by the department, which is hereby incorporated by reference. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
(E) A manufacturer of autonomous heavy-duty commercial motor vehicles may provide a summary of out-of-state testing conducted over the year prior to application in autonomous mode on public roads in an operational design domain that is the same or comparable to that which is intended for operation with a Deployment Permit, form OL 321A (Rev. 12/2024), which is hereby incorporated by reference. This shall include:
- (i) The total number of miles each autonomous vehicle operated in autonomous mode on public roads prior to the date of application. The total number of dynamic driving task performance relevant system failures that occurred in autonomous mode in the year prior to the date of application, if any, and a full description of all contributing factors that led to or caused each dynamic driving task performance relevant system failure. The reports shall be submitted using the electronic Vehicle Miles Traveled Template (Rev. 2/2025), which is hereby incorporated by reference, and Dynamic Driving Task Performance Relevant System Failure Reporting Templates (Rev. 2/2025), which is hereby incorporated by reference, provided by the department. The manufacturer shall submit the reports electronically in .csv format via the department's web page or portal.
- (ii) Copies of collision reports submitted to the National Highway Traffic Safety Administration in the year prior to the date of application. The report shall be submitted using the electronic Collision Reporting Template (Rev. 2/2025) which is hereby incorporated by reference, provided by the department. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
- (iii) Any braking event, as defined in section 227.66, subsection (a), occurring during the operation of an autonomous vehicle in autonomous mode on public roads over the year prior to application in the operational design domain that is the same or comparable to that which is intended for operation with a Deployment Permit, form OL 321A (Rev. 12/2024) which is hereby incorporated by reference. The report shall be submitted using the electronic Braking Event Reporting Template (Rev. 2/2025) which is hereby incorporated by reference, provided by the department. The manufacturer shall submit the report electronically in .csv format via the department's web page or portal.
(2) In order to submit a Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, as described in section 228.12(b), the manufacturer shall provide:
- (A) A comprehensive description of an updated safety case, supported by data collected by on-road testing or virtual simulation under a Drivered Testing Permit, form OL 315 (Rev. 9/2024) which is hereby incorporated by reference, and/or Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, that demonstrates: functional safety, safety of the intended function, artificial intelligence safety, cybersecurity, and operational safety. Each of these areas must be addressed in accordance with relevant standards and best practices. The comprehensive description of a safety case must also include core safety information elements documentation, as outlined in section 227.02(xx) of Article 3.7. If any element of the core safety information is not applicable, the manufacturer shall provide a justification explaining its exclusion. The department's review of the safety case may involve consultation with third-party experts.
- (B) The department may request additional information from the manufacturer that it deems necessary to assess the safety of operating an autonomous vehicle on public roads.
- (C) A manufacturer, except a manufacturer of autonomous heavy-duty commercial motor vehicles as described in subsection (a)(1)(B), must test a minimum of 25,000 autonomous miles with either a valid Drivered Testing Permit, form OL 315 (Rev. 9/2024) which is hereby incorporated by reference, or Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, on public roads throughout the intended operational design domain. A manufacturer operating a low-speed autonomous vehicle shall test a minimum of 10,000 autonomous miles with either a valid Drivered Testing Permit, form OL 315 (Rev. 9/2024) which is hereby incorporated by reference, or Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, on public roads throughout the intended operational design domain.
- (D) A manufacturer of an autonomous heavy-duty commercial motor vehicle must test a minimum of 250,000 autonomous miles either under an existing valid Drivered Testing Permit, form OL 315 (Rev. 9/2024) which is hereby incorporated by reference, or Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, on public roads throughout the intended operational design domain. Up to 200,000 of these miles on either the Drivered Testing Permit, form OL 315 (Rev. 9/2024) which is hereby incorporated by reference, or Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, may occur in other jurisdictions contingent upon the manufacturer providing all the reports that California requires to cover that out-of-state testing as described in subsection (a)(1)(E) 50,000 miles on the Driverless Testing Permit, form OL 315A (Rev. 10/2023) which is hereby incorporated by reference, must occur within the intended operational design domain in California.
(3) In order to submit an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall identify 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 outside of the identified operational design domain.
(A) Manufacturers of autonomous heavy-duty commercial motor vehicles are limited to conducting deployment within an operational design domain that allows operation only on specified routes legal for the size, weight and loading of the vehicle or vehicle combination. Operation on local roads with a posted speed limit of 25 miles per hour or less is prohibited unless those roads fall within a direct route between hubs, motor carrier and shipper facilities, distribution centers, fueling and charging stations, maintenance facilities or terminals as defined in California Vehicle Code 34515, or other non-residential facilities, and the roads utilized permit travel by that vehicle weight class. This regulation shall not apply to autonomous heavy-duty commercial motor vehicles used to transport passengers as described in 227.26(a)(6)(B).
- (i) When a driver is not present with the vehicle, a remote assistant or remote driver shall follow direction given by first responders, traffic control personnel and/or devices when conditions on the predesignated-specified routes require a detour or alternate route for commercial motor vehicles.
- (ii) When a designated detour or alternate route conflicts with the Vehicle Code or a local ordinance for compliance with maximum height, maximum length, or maximum weight limits, as recognized or limited by the operational design domain, the manufacturer shall ensure the vehicle can be legally parked and an assessment made confirming the legality and physical capability of the commercial motor vehicle to safely travel on the detour or alternate route.
- (iii) Alternate routing decisions made by a driver, remote assistant, or remote driver shall not be made using only commercially available mapping programs which do not reflect legal access for the type or configuration of commercial motor vehicle being operated.
- (iv) An alternate route may be utilized only when there is a necessity to continue the movement of an autonomous heavy-duty commercial motor vehicle for the purpose of safety and not for the purpose of continuing the movement for a commercial reason.
Should circumstances arise which conflict with those limitations, the following provisions shall apply:
- (4) In an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall identify any commonly-occurring or restricted conditions, including but not limited to: inclement weather conditions, a description of how inclement weather affecting performance in a manner that requires achieving a minimal risk condition is identified, traffic, roadway characteristics, and other known domain constraints, 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.
(5) In an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall certify that the local authorities, as defined in Vehicle Code section 385, within the jurisdiction where the subject autonomous vehicles will be deployed have been provided a written notification, a copy of which must be submitted to the department, that contains all of the following:
- (A) The operational design domain of the autonomous vehicles.
- (B) A list of all public roads in the jurisdiction where the vehicles will operate.
- (C) The date deployment will begin.
- (D) The days and times of operation on public roads.
- (E) Contact information, including name, telephone number, address, and email for the authorized representative for the manufacturer conducting deployment.
- (6) In an Original Deployment Permit Application or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall describe how the automated driving system is designed to react when the vehicle is outside of its operational design domain or encounters the commonly-occurring or restricted conditions disclosed on the Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference. Such reactions can include, but are not limited to, measures such as the driver, or remote driver, performing the dynamic driving task fallback, with or without the automated driving system issuing a request to intervene, the remote driver and/or remote assistant requests that the automated driving system achieves a minimal risk condition, the automated driving system automatically performs a dynamic driving task fallback maneuver to achieve a minimal risk condition, the vehicle moves a safe distance from the active travel lanes, or activating systems that will allow the vehicle to continue operation until it has reached a safe location where it can come to a controlled stop.
- (7) The manufacturer shall submit the fee of three thousand two hundred and seventy-five dollars ($3,275) for the processing of the Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference.
- (8) The manufacturer must provide on the Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the number of the Manufacturer's License issued by the department pursuant to Vehicle Code section 11701.
- (9) In an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall certify that the autonomous vehicles are equipped with an autonomous technology data recorder to capture and store autonomous technology sensor data for all vehicle functions that are controlled by the automated driving system at least 30 seconds before a collision with another vehicle, person, or object while the vehicle is operating in autonomous mode. The autonomous technology sensor data shall be captured and stored in a read only format by the mechanism so that the data is retained until extracted from the mechanism by an external device capable of downloading and storing the data. The data shall be preserved for three years after the date of the collision.
- (10) In an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall certify that the subject autonomous vehicles comply with all applicable Federal Motor Vehicle Safety Standards, 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. The manufacturer shall provide to the department evidence of any Federal Motor Carrier Safety Administration exemption and to law enforcement upon request.
- (11) In an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall certify that the automated driving system 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).
(12) In an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall certify that the automated driving system is designed to detect and respond to roadway situations in compliance with all provisions of the California Vehicle Code and local ordinances 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 certify that it will make updates to the automated driving system as necessary to improve safety, and by the effective date of any changes in the California Vehicle Code and local ordinance 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 operational design domain.
- (B) The manufacturer shall also certify that it has established processes for making updates to location and mapping information utilized or referenced by the automated driving system for the safe operation of the vehicle in the operational design domain on a continual basis consistent with changes to the physical environment and physical infrastructure captured by the maps and vehicle's sensors. Such processes and procedures shall include consideration of reliable public information, when appropriate.
- (C) The manufacturer shall notify the end user 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.
- (D) The manufacturer shall not allow the automated driving system of an autonomous vehicle owned or leased by a person other than the manufacturer to operate on public roads until available updates pursuant to (A) and (B) above, that have been fully validated and released by the manufacturer, are implemented for such vehicle.
- (13) The manufacturer shall certify 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.
- (14) In a Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, a manufacturer shall submit a comprehensive description of the safety case, supported by a description of the evidence demonstrating: functional safety, safety of the intended function, artificial intelligence safety, cybersecurity, and operational safety. Each of these areas must be addressed in accordance with relevant standards and best practices. The comprehensive description of a safety case must also include core safety information elements documentation, as outlined in section 227.02(xx). If any element of the core safety information is not applicable, the manufacturer shall provide a justification explaining its exclusion. The department's review of the safety case may involve consultation with third-party experts.
- (15) 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 subsection (a), for vehicles that do not require a driver, in an Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, the manufacturer shall also certify that the vehicle complies with all of the following:
(1) There is a communication link that enables the autonomous vehicle to seek and receive remote operations support, as applicable, and includes communication of information on the vehicle's location and status. For autonomous vehicles designed for passenger service, there is a method to enable two-way communication for purposes of providing remote operations support to any passengers if the vehicle experiences any failures or other conditions that would endanger the safety of the vehicle's passengers or other road users, or otherwise prevent the vehicle from functioning as intended without a driver physically located in the driver's seat of the vehicle. The certification shall include:
- (A) That the manufacturer has a system and process, which includes use of a redundant communications network, to continuously monitor the status and functionality of the vehicle and the two-way communication link while the autonomous vehicle is being operated without a driver physically located in the driver's seat of the vehicle.
- (B) A description of how the manufacturer will continuously monitor the status of the vehicle and communication link, and what type of data will be monitored.
- (C) A description of what redundancies and automated driving system capabilities are in place if there is a loss or degradation of the communication link.
- (D) A description of how the manufacturer will address situations where the autonomous vehicle achieves a minimal risk condition including, but not limited to, when the automated driving system executes an automated fallback to a minimal risk condition, a minimal risk condition is triggered by a remote driver or remote assistant, the communication network fails or is degraded, and vehicle hardware or software failures. The description should include, but not be limited to, roles and responsibilities of personnel.
- (E) A description and photographic evidence of the type of control output (e.g., screens, speakers, haptic feedback, etc.) and input devices (e.g., steering wheels, joysticks, keyboards, microphones, etc.) utilized to provide remote operations support, as applicable.
- (F) The autonomous vehicle has a visual indicator inside the cabin to indicate when the autonomous technology is engaged.
- (2) The ability to display or transfer vehicle owner or operator information as specified in Vehicle Code section 16025 in the event that the vehicle is involved in a crash, 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 driving 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 or the Federal Motor Carrier Safety Administration for an autonomous heavy-duty commercial motor vehicle. The manufacturer shall provide evidence of an exemption that was approved by the National Highway Traffic Safety Administration or the Federal Motor Carrier Safety Administration to law enforcement upon request.
(c) The manufacturer shall submit with the Original Deployment Permit Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, or Deployment Permit Operational Parameters Amendment Application, form OL 321 (Rev. 2/2025) which is hereby incorporated by reference, all of the following:
(1) For autonomous vehicles to be sold or leased to end users, an end user education plan, which covers the operational design domain of the automated driving system and also includes the following:
- (A) Certification that the manufacturer shall provide the end user with an agreement which the end user must accept prior to initial operation of the automated driving system feature(s). This agreement shall certify that the end user is fully aware of and understands any and all capabilities and restrictions of the automated driving system feature(s) and shall explain the educational materials that will be provided to end users of the autonomous vehicles produced by the manufacturer.
- (B) Notification to the end user on how to access updates to the automated driving system and a description of the process by which updates will occur (e.g., over-the-air communication, manual process requiring an end-user to physically bring the vehicle to a service center for updates, etc.).
(C) 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 automated driving system feature(s) showing that the mechanism is easily accessible to the vehicle operator.
- (ii) The visual indicator inside the vehicle's cabin to indicate when the automated driving system feature(s) is engaged.
- (iii) Describe to the end user how the automated driving system will function if there is damage to any of the sensors which may degrade the automated driving system performance, and indicate to the end user how to remediate.
- (iv) The end user and manufacturer's responsibilities with respect to the operation of the autonomous vehicles.
- (D) An explanation how end users will receive education after purchasing a previously-owned vehicle.
- (E) An explanation that the use of autonomous vehicles, is subject to the manufacturer of the automated driving system possessing and maintaining a valid and applicable Deployment Permit, form OL 321A (Rev. 12/2024) which is hereby incorporated by reference.
- (F) An explanation of the first responder interaction plan described in Article 3.7, section 227.42(i).
- (2) For autonomous vehicles to be sold or leased to end users, certification that the manufacturer shall provide an internet web site address where copies of the end user education plan may be accessed shall be provided at no cost to first responder agencies located within of the operational design domain of the vehicles, and the manufacturer shall provide the internet website to the California Highway Patrol at the E-mail address provided in section 227.42(i)(4) of Article 3.7.
(3) A description of how a vehicle equipped with an automated driving system that meets the definition of an autonomous vehicle is able to safely come to a controlled stop when there is an automated driving system failure that would endanger the safety of the vehicle's occupants or other road users, including but not limited to, all of the following:
- (A) To the extent practicable, moving the vehicle a safe distance from the active travel lanes.
- (B) Activation of systems that allow the vehicle to continue operation until the vehicle has reached a location where it can come to a controlled stop.
- (4) A copy of a First Responder interaction plan that meets all of the requirements of Section 227.42(i) of Article 3.7.
(5) Certification that for a SAE International's J3016 level 3 automated driving system that requires the presence of a fallback-ready user in the driver's seat, the following information shall be made available via a publicly accessible website and provided to first responders located within the intended operational design domain where deployment is being conducted.
- (A) A description of the display(s) or indicator(s) that indicates when the vehicle is operating in autonomous mode.
- (B) A description of the operational design domain of the vehicle.
- (C) Any additional information the manufacturer deems necessary regarding hazardous conditions or public safety risks associated with the operation of the autonomous vehicle.
- (6) A copy of the written disclosure required by Section 228.24.
- (7) A certification that the subject autonomous vehicle satisfies each requirement of Vehicle Code section 38750, subsection (c)(1).
- (8) 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 its responsibilities to comply with federal motor vehicle safety requirements.
- (9) Certification that the manufacturer operating an autonomous heavy-duty commercial motor vehicle shall comply with applicable hours-of-service regulations set forth in Title 49, Code of Federal Regulations, Part 395 for the type of vehicle being driven or operated.
(10) Commencing July 1, 2026, for autonomous vehicles capable of operating at SAE International's J3016 Level 4 or 5 with a gross vehicle weight rating less than 10,001 pounds, the manufacturer shall certify:
- (A) That there is a dedicated emergency response telephone line available for emergency response officials during all hours when the autonomous vehicle is on a public road and is staffed to ensure calls are picked up within 30 seconds by remote operations support personnel who have situational awareness of the autonomous vehicle.
- (B) That there is a two-way voice communication device that enables emergency response officials that are near the vehicle to communicate effectively with remote operations support personnel that have situational awareness.
- (C) That an emergency response official is able to reach remote operations support personnel within 30 seconds after making a request through the two-way voice communication device.
- (D) That there are remote operations support personnel with ability to immobilize the autonomous vehicle, allow an emergency response official to move the vehicle, or cause the autonomous vehicle to move as directed by an emergency response official.
- (E) A manufacturer whose autonomous vehicle operating under a Deployment Permit, form OL 321A (Rev. 12/2024) which is hereby incorporated by reference, must issue direction to its fleet to leave or avoid an identified area within two minutes of receiving an emergency geofencing message from an emergency response official. The avoidance area shall remain in place for the initial duration provided by the emergency response official or for an extended duration, when specified by the emergency response official.
- (F) Within 30 business days of receiving a notice that an emergency response official wishes to begin issuing emergency geofencing messages, a manufacturer shall provide the emergency response official with all information necessary for the emergency response official to begin issuing and for the manufacturer to receive and respond to emergency geofencing messages.
- (G) If the autonomous vehicle is equipped with an override system, it shall allow law enforcement and firefighters to immobilize or cause the vehicle to move as necessary to respond to an emergency.
- (H) The manufacturer shall provide training to law enforcement and firefighters on the use of the override system. The training shall be reviewed on a regular basis and updated by the manufacturer as changes are needed.
(d) The requirements identified in subsections (a), (b), and (c), 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, graphs 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 vehicles covered by the technology in the plan or report.
- (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 and 38750, Vehicle Code. Reference: Sections 322, 385, 11701, 16025, 2410, 21367, 21461, 35400, 35401, 35401.5, 35559, 35650, 35655, 38750, 35753 and 38750, Vehicle Code; and Title 49 Code of Federal Regulations, Part 571.
History
1. New section filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9).
2. Renumbering of former section 228.08 to section 228.10 and renumbering of former section 228.06 to section 228.08, including amendment of section and Note, filed 4-28-2026; operative 4-28-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).