Bill
SB 1246
SB 1246 tightens CA oversight of commercial autonomous vehicles with mandatory remote staffing, on-scene responders, real-time data reporting, and penalties for violations.
SB 1246 (Cortese) Autonomous vehicles
Session: 2025-2026, California
Overview
SB 1246 proposes to add a new framework (Division 16.6, Chapters 1 and 2) governing the operation of autonomous vehicles (AVs) on public roads in California, with a focus on commercial AVs that operate without a human driver. The bill emphasizes public safety, accountability, first responder coordination, and defined roles for remote operators and on-site technicians. It also tightens data reporting, requires staffing and response times, and establishes oversight and enforcement mechanisms, including civil penalties.
Purpose and Intent
- Enhance public safety as AV deployment expands, ensuring real-time human oversight and rapid response in emergencies.
- Place California-specific regulatory and operational controls on AVs, including remote supervision, staffing ratios, training, and incident response.
- Increase transparency from AV operators through data reporting and public posting of statistics.
- Create a formal process for on-scene coordination among first responders, remote personnel, and local incident technicians.
Key Provisions and Changes
1) New regulatory chapters (Division 16.6, Chapters 1 and 2)
- Chapter 1: General provisions and definitions related to autonomous technology and operation.
- Chapter 2: Operation of Autonomous Vehicles (OAV)
2) Definitions (38800 series)
- Autonomous passenger service vehicle: AVs operating without a on-board human driver for compensation.
- Autonomous vehicle operator: any company operating AVs without a human driver for compensation.
- Commercial autonomous vehicle: AVs operated for compensation (passenger transport or goods/freight).
- First responders, local incident technicians, remote assistants, and remote drivers defined.
3) Staffing and presence requirements
- Remote assistants and remote drivers must be located in the United States and hold California driver’s licenses of appropriate classes.
- For autonomous passenger service vehicles, a staffing ratio of at least 1 remote assistant/driver for every 3 autonomous passenger service vehicles (1:3 or higher) at all times.
- Operators must ensure immediate response capability for remote staff and 10-minute on-scene presence for local incident technicians after a crash or first responder request.
- Local incident technicians are on-site responders for incidents and have authority to relocate or move the vehicle.
4) Operational procedures and emergency response
- Operators must adopt written emergency response and immobilization procedures, including real-time incident notification, escalation to remote staff, and coordination with first responders.
- Vehicles obstructing travel lanes or critical spaces must be relocated promptly (driveable: within 5 minutes; with field personnel/towing: within 30 minutes, subject to departmental rules).
5) Manual override and training
- Any AV operated without a human driver must have a manual override system accessible to trained personnel, allowing on-scene steering, braking, and relocation.
- Operators must train local incident responders, first responders, and towing providers on the override system, with periodic updates and CHP approval.
6) CHP and Fire Marshal oversight
- CHP would establish a registration process for entities contracting AV local incident technicians; register only contractors with 50+ technicians.
- CHP and the Office of the State Fire Marshal to develop uniform training and guidance for responders.
- CHP to review and approve manual override systems and training; may levy fees to cover administration.
7) Data collection and reporting
- Operators must maintain records on staffing, assignments, incidents, response times, immobilizations, obstructions, and first responder requests.
- Data must be available to DMV and the Public Utilities Commission upon request.
- Monthly aggregated summary statistics on incidents involving manual control or remote intervention must be posted on DMV and PUC websites (anonymized).
8) Penalties and enforcement
- Civil penalties: up to $5,000 per violation for general provisions; $1,000–$10,000 per incident for obstructive or critical obstructions, with higher penalties for interfering with emergencies or law enforcement.
- Repeated violations (three or more) can trigger suspension, revocation, or modification of deployment permits.
9) Vehicle and testing standards
- The bill modifies existing AV testing provisions, including extending the required sensor data capture window from 30 to 45 seconds before and after a collision (when feasible).
- Department may require additional testing standards; public hearings (online or in person) allowed for regulation adoption.
10) Deployment and future rulemaking
- Commencement of certain regulatory requirements is staged: some provisions take effect with regulations to be adopted in the future; federal regulations still preempt state law where applicable.
- Starting 2026 onwards, ADS marker lamps and related lighting standards may be adopted; by 2030, deployment permits may be tied to zero-emission vehicle requirements for certain AVs (subject to future regulations).
Who is Affected
- Autonomous vehicle operators (AV companies) with AVs operating without human drivers for compensation.
- Remote assistants and remote drivers (staff working for AV operators).
- Local incident technicians (on-site responders contracted with AV operators).
- First responders, towing providers, and law enforcement on incidents involving AVs.
- California Department of Motor Vehicles (DMV), California Highway Patrol (CHP), and Public Utilities Commission (PUC) with new data and regulatory responsibilities.
- Vehicle manufacturers supplying autonomous technology and AVs (as affected by testing and approval requirements).
Timeline and Process
- The bill amends ongoing AV regulatory structure; certain provisions reference regulatory development by the DMV and CHP.
- Public hearings on regulations for autonomous vehicle operations (with or without a driver) may be held online or in person.
- Data reporting and transparency requirements begin upon deployment and ongoing; summary statistics posted monthly.
- Vehicle data retention requires 3-year preservation for collision sensor data.
Notes
- SB 1246 emphasizes that violations are civil penalties, not crimes.
- The bill escalates California’s regulatory oversight of commercial AV operations, stressing domestic deployment supervision, responder coordination, and data-driven accountability.
Compiled from official sources — confirm details with the bill’s official record.
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