Autonomous Vehicles in California Face New Enforcement Measures

California's transportation laws have long exempted autonomous vehicles from receiving traffic citations, but a new legislation signed by Governor Gavin Newsom aims to change that. The state's previous interpretation of "drivers" being subject to citations has allowed driverless car companies to avoid any penalties for moving violations. However, the newly enacted Assembly Bill 1777 seeks to address this regulatory gap, paving the way for a new type of enforcement against autonomous vehicles.

Closing the Loophole: Autonomous Vehicles No Longer Immune to Traffic Enforcement

Addressing the Regulatory Gaps

The legislation, Assembly Bill 1777, was introduced to address the loophole that NBC Bay Area had exposed last year. The existing transportation laws in California have been interpreted to mean that self-driving vehicles are not subject to traffic citations, as they do not have a human driver in the front seat. This has allowed driverless car companies to operate without the risk of receiving any traffic violations.

Mirroring Other States' Approaches

In contrast, states like Texas and Arizona have already taken steps to rewrite their transportation laws to hold autonomous vehicle companies accountable for any moving violations. California's newly signed bill was initially aimed at mirroring these laws, but the final version was ultimately watered down during the negotiation process.

The Compromise: Notices of Noncompliance

Instead of allowing law enforcement to issue traffic citations directly to driverless car companies, the bill only enables police to issue a new type of "notice of noncompliance." However, the legislation's own analysis notes that the bill "does not establish what happens to an [autonomous vehicle] manufacturer as a result of the notice being issued." Additionally, it "does not provide what happens to an [autonomous vehicle] company when they receive a notice of noncompliance, what happens when an [autonomous vehicle] company fails to report the notice to DMV, and what due process rights an [autonomous vehicle] manufacturer has to contest a notice."

Unequal Enforcement Concerns

The Teamsters Union, which opposed the bill, argued that the legislation takes California "backwards" by not giving law enforcement the ability to fine or ticket autonomous vehicle companies for traffic violations. Instead, the union noted, "officers may only issue a 'notice of noncompliance' for traffic violations committed," creating an "unequal enforcement" where human drivers can be cited or charged, but autonomous vehicle companies are only noticed through the DMV.

The Role of the California DMV

The California DMV is now responsible for determining the details of the new "notices of noncompliance," including any potential penalties that may be imposed once the law goes into effect on July 1, 2026. This leaves many unanswered questions about the actual impact and effectiveness of the new enforcement measures.

Balancing Safety and Innovation

The San Francisco County Transportation Authority, which supported the bill, noted that the legislation will "address regulatory gaps in California's governance" and implement "common-sense measures such as enabling the citation of autonomous vehicles for traffic code violations, ensuring safe Interactions with emergency responders (e.g. police, fire), and providing jurisdictions with the information they need to understand the performance of autonomous vehicles on public roadways."As autonomous vehicle technology continues to evolve, California's lawmakers and regulators must navigate the delicate balance between ensuring public safety and fostering innovation in this rapidly advancing field. The implementation of Assembly Bill 1777 will be closely watched as a test case for how states can effectively hold driverless car companies accountable while still encouraging the development of this transformative technology.