1. (a) The department may assess incremental enforcement measures, including operational restrictions, against a manufacturer where the department determines that the circumstances do not require a full suspension or revocation of a Deployment Permit, form OL 321A (Rev. 12/2024) which is hereby incorporated by reference, to address or mitigate the precipitating issue.

2. (b) Operational restrictions may include, but are not limited to, any or all of the following:

   1. (1) Reduction in daily fleet in an area determined by the department or any portion in the operational design domain as determined by the department.
   2. (2) Reduction in operational design domain (e.g., geographic area of operation, road type, weather, etc.).
   3. (3) Reduction in hours of operation.
   4. (4) Requirement that an autonomous vehicle test driver or support personnel be present in the vehicle.

3. (c) The department may issue a notice of immediate restriction on a Deployment Permit, form OL 321A (Rev. 12/2024) which is hereby incorporated by reference, upon department's determination that the conduct of autonomous vehicle testing on public roads by the manufacturer poses an imminent hazard. Such immediate restrictions may include, but are not limited to, any or all of the following:

   1. (1) Reduction in daily fleet in an area determined by the department or any portion in the operational design domain as determined by the department.
   2. (2) Reduction in operational design domain (e.g., geographic area of operation, road type, weather, etc.).
   3. (3) Reduction in hours of operation.
   4. (4) Requirement that an autonomous vehicle test driver or support personnel be present in the vehicle.
4. (d) The manufacturer may request lifting of the operational restriction by submitting data to the department describing how the deficiencies precipitating the restriction have been addressed. Upon satisfaction that the deficiencies have been addressed, the department shall lift any associated operational restriction.

Note: Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Section 11500 et seq., Government Code; and Section 38750, Vehicle Code.

History

1. New section filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9).

2. Renumbering of former section 228.22 to section 228.26 and new section 228.22 filed 4-28-2026; operative 4-28-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).