Section 227.02 - DefinitionsAs 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 systems 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 SAE International's Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR2021), as may be revised, which is hereby 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 vehicle test driver" means a natural person seated in the driver's seat of an autonomous test vehicle, whether the vehicle is in autonomous mode or conventional mode, who possesses the proper class of license for the type of vehicle 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 person 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 an autonomous vehicle test driver authorized by the manufacturer to drive or operate the manufacturer's autonomous test vehicles on public roads.(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 required 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 lane 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 autonomous 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 that 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 the 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 vehicle to achieve a minimal risk condition.(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.Cal. Code Regs. Tit. 13, § 227.02
1. New section filed 5-19-2014; operative 9-16-2014 pursuant to Vehicle Code section 38750(f) (Register 2014, No. 21).
2. Amendment filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9).
3. Change without regulatory effect amending subsection (b)(2) filed 4-5-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 14). Note: Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Sections 360, 470, 590, 672, 4000 and 38750, Vehicle Code.
1. New section filed 5-19-2014; operative 9/16/2014 pursuant to Vehicle Code section 38750(f) (Register 2014, No. 21).
2. Amendment filed 2-26-2018; operative 4/1/2018 (Register 2018, No. 9).
3. Change without regulatory effect amending subsection (b)(2) filed 4-5-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 14).