California autonomous vehicle lawWe update it whenever the law moves.

This page is for anyone hurt in a crash involving a self-driving car or robotaxi in California: a rider, a person walking or on a bike or motorcycle, the driver of another car, or a family after a death. It covers the state rules that govern the company behind the car. It does not decide fault in a particular crash, which is on our page about who is liable when a self-driving car crashes. Every topic in this series is collected on our California self-driving car accident lawyer page.

Timeline of California law

The three DMV permits

The Department of Motor Vehicles decides whether a vehicle may drive itself on a public road. Its program page lists "three permit categories: testing with a safety driver, driverless testing, and deployment." A safety-driver permit covers "any public road within the State of California." Driverless testing and deployment are limited to approved locations, hours, weather and speeds.

A DMV permit alone does not allow paid rides: the public may ride in a test vehicle only "if there are no fees charged to the passenger or compensation received by the manufacturer." Under the April 2026 rules, manufacturers "begin with testing using a safety driver and progress to driverless testing before applying for commercial deployment," with 50,000 miles (light-duty) or 500,000 miles (heavy-duty) at each phase.

The four CPUC categories

The California Public Utilities Commission regulates the ride, not the vehicle. Its program page describes "Drivered and Driverless Pilot and Deployment AV passenger service programs." Pilot rides must be free; deployment allows fares. The CPUC has called the DMV deployment permit "a prerequisite for AV deployment" (August 10, 2023).

As of October 5, 2026, the CPUC lists Waymo LLC in all four categories, Zoox, Inc. and WeRide Corp. in both pilots, and Nuro, Inc. and Tensor Auto Inc. in the Drivered Pilot. The service is licensed as charter-party carriage, and CPUC staff wrote on August 14, 2026 that "AV passenger service is not classified as a TNC." Our rideshare passenger page covers TNC rides; our robotaxi passenger injuries page covers driverless ones.

Autonomous vehicle definition

Vehicle Code section 38750 defines "autonomous technology" as "technology that has the capability to drive a vehicle without the active physical control or monitoring by a human operator." An autonomous vehicle's technology "meets the definition of Level 3, Level 4, or Level 5" of SAE International's J3016 (APR2021) standard. Systems such as adaptive cruise control and lane keep assist are excluded when they "are not capable, collectively or singularly, of driving the vehicle without the active control or monitoring of a human operator."

With no one in the driver's seat, the "operator" is the person who "causes the autonomous technology to engage," and the DMV's rules say a passenger "does not engage the technology." Our page on who is liable explains what that means after a crash.

Operational design domain

Every driverless permit is tied to an operational design domain, or ODD, which the DMV's regulations define as "the operating conditions under which a given automated driving system or feature thereof is specifically designed to function." The DMV posts each holder's approved places, hours, weather and speed. Zoox, for example, may test without a driver in Foster City and San Francisco at all hours up to 45 mph; Mercedes-Benz's deployment is limited to listed freeways, in daytime, at 40 mph. The DMV's crash report template asks whether the car was "Within ODD?" when it crashed.

Financial responsibility rule

Before testing, a manufacturer must "obtain an instrument of insurance, surety bond, or proof of self-insurance in the amount of five million dollars ($5,000,000)" (section 38750(b)(3)). A deployment application must certify that the manufacturer "will maintain" the same amount (section 38750(c)(3)). The DMV's rules call it evidence of the "ability to respond to a judgment or judgments for damages for personal injury, death, or property damage," and say it "does not absolve any vehicle owner" of ordinary insurance duties. The CPUC's guidance says its AV participants "must hold a $5 million insurance policy."

The 30-second sensor data rule

A deployment application must certify a "separate mechanism, in addition to, and separate from, any other mechanism required by law, to capture and store the autonomous technology sensor data for at least 30 seconds before a collision occurs between the autonomous vehicle and another vehicle, object, or natural person while the vehicle is operating in autonomous mode." The data is kept "in a read-only format" and "shall be preserved for three years after the date of the collision." The 2026 DMV rules repeat that wording.

• Time covered. "At least 30 seconds before a collision," not the whole trip or the minutes after impact.
• Mode. Only "while the vehicle is operating in autonomous mode."
• Who keeps it. The preservation sentence is passive and does not name who holds the data.
• Access. The statute gives no right of access to an injured person. The data is usually sought by a preservation request and, in a lawsuit, discovery.

The DMV may itself demand "camera footage with target tracking representations" and the "acceleration, braking and steering commands" after a collision. That power belongs to the DMV, not the injured person. Our page on evidence after a self-driving car crash covers each record.

Crash reporting since April 2026

Since April 28, 2026, a permit holder "shall provide to the department the full National Highway Traffic Safety Administration Standing General Order 2021-01 (June 2025) crash report for crashes occurring within the State of California." Per the DMV's reporting memo, each collision is reported "as a 5-day, update, and monthly report."

Older public records ended. Manufacturers once filed DMV form OL 316, and the DMV's old collision report page now returns an error. Its "View Collision Reports" link goes to UC Berkeley's TIMS dashboard, which sources newer crashes from "NHTSA SGO manufacturer reports submitted directly to the California DMV." Disengagement reports ended too. Monthly reports on system failures, immobilizations, braking events and miles began August 26, 2026. Our self-driving car crash lookup searches the federal reports.

Police notices of noncompliance

Since July 1, 2026, an officer who sees an autonomous vehicle commit an alleged traffic violation may issue a Notice of Autonomous Vehicle Noncompliance, form OL 325, to the manufacturer. The company must send it to the DMV within 72 hours, or 24 hours if the officer marks priority review because the driving "presented a clear or potential danger or risk of injury to others."

It is not a ticket. Section 38752(d) says a notice "shall not create a presumption that the autonomous vehicle is unsafe and shall not limit the manufacturer's ability to contest" it. AB 2193, which would have sent citations for Level 4 and 5 vehicles to the manufacturer, was held in committee on May 14, 2026. For a claim, an OL 325 is a record worth requesting, not proof of fault.

First responder duties

Vehicle Code section 38751, in effect since July 1, 2026, covers autonomous vehicles "that operate without a human operator physically present in the vehicle." The manufacturer must staff an emergency line so calls are "picked up within 30 seconds by a remote human operator," and each car needs a two-way voice device that reaches that operator within 30 seconds. The operator must be able to immobilize the car or move it as officials direct. After an "emergency geofencing message," the fleet must be directed out of the area "within two minutes." Each company must also publish a First Responder Interaction Plan and review it "at least annually."

Remote assistants and remote drivers

A remote assistant gives a car "information or advice" to continue a trip but does not drive it. A remote driver performs "part or all of the dynamic driving task" in real time. Remote drivers need a DMV Remote Driver Permit, form OL 323; remote assistants must hold "a valid driver's license." Both must be able to bring the car "to a controlled stop in its current travel path."

The DMV wrote that it "does not require remote operations personnel to be physically located in California." Waymo told Senator Markey on February 17, 2026 that its agents "do not directly control, steer, or drive the vehicle," and that about half work in the United States and half in the Philippines. From July 1, 2028, SB 1246 requires remote drivers to be "located within the United States."

Level 3 and Mercedes DRIVE PILOT

A Level 3 car is an autonomous vehicle, but a person must stay ready to drive: the DMV's "fallback-ready user," who is "receptive to a request to intervene." On June 8, 2023, the DMV issued a deployment permit to Mercedes-Benz USA, LLC for DRIVE PILOT, which "can only operate on highways during daylight at speeds not exceeding 40 miles per hour," and "the driver must remain behind the wheel to take over when prompted." The current list names Mercedes-Benz Research & Development North America.

Driver assistance is not autonomy

A system that needs "the active control or monitoring of a human operator" is not an autonomous vehicle. Vehicle Code section 24011.5 defines a "partial driving automation feature" by reference to SAE Level 2 and bars marketing that would lead "a reasonable person to believe" the car is autonomous. Subdivision (d) says compliance does not "limit the civil liability of a manufacturer or dealer."

On December 16, 2025, the DMV adopted a decision that Tesla's "autopilot" and "Full Self-Driving Capability" marketing was misleading, stating the cars "could not at the time of those advertisements, and cannot now, operate as autonomous vehicles." It stayed the manufacturer license suspension, and on February 17, 2026 announced that Tesla had stopped using "Autopilot" in California marketing. Tesla Robotaxi LLC holds a DMV permit for testing with a driver only. See our Tesla Autopilot and FSD crashes page.

Autonomous heavy trucks

The April 2026 rules lifted California's bar on autonomous vehicles of 10,001 pounds or more, opening testing for an "autonomous heavy-duty commercial motor vehicle" that is "primarily used or maintained to transport property." The DMV says they "must still stop at CHP weigh stations," and household moving and oversize loads stay excluded. A heavy-duty maker must log 500,000 autonomous miles with a safety-driver permit before applying for driverless testing.

Kodiak says its August 13, 2026 permit "allows Kodiak to operate in California with a safety driver behind the wheel." The DMV's driverless testing list was last updated April 3, 2026, before heavy-duty permits existed. On August 5, 2026, Teamsters California sued in Alameda Superior Court, arguing the regulations "must be repealed." See our commercial vehicle accident page.

Cruise history

Cruise LLC holds no California permit today. On October 24, 2023, the DMV suspended its deployment and driverless testing permits "effective immediately," leaving its safety-driver testing permit in place. In Decision 24-07-004 (July 25, 2024), the CPUC ordered Cruise to pay $112,500, the maximum at $7,500 a day for 15 days. On December 10, 2024, General Motors said it "will no longer fund Cruise's robotaxi development work."

Pending rules and future dates

The CPUC's autonomous passenger rulemaking, R.25-08-013, opened August 28, 2025 and is active. A proposed Track 1A decision mailed September 4, 2026 says that until the Commission votes to approve it, "the proposed decision has no legal effect." The earliest vote is October 8, 2026.

SB 1246 (Cortese) became Chapter 1021 of the Statutes of 2026 on September 30, 2026. From July 1, 2028, a manufacturer must ensure "local incident technicians are immediately dispatched" after a crash that leaves a car immobilized or blocking traffic, and when an emergency official asks. The DMV must publish quarterly "summary statistics, broken down by manufacturer." A violation "is not a crime," but a city attorney or county counsel may seek civil penalties of up to $5,000 per dispatch violation, or $10,000 per commercial vehicle that obstructs an emergency for more than 30 minutes.

Glossary of key terms

Open legal questions

• Carrier duty. Civil Code section 2100 requires "the utmost care and diligence" from a carrier of persons for reward. No California court has decided whether a robotaxi company is one.
• The AI defense. Civil Code section 1714.46 bars arguing "that the artificial intelligence autonomously caused the harm." We have not found a decision applying it to a car.
• Traffic law and software. How the negligence presumption for a broken statute applies to a software decision is untested; see our liability page.

Limits of this page

This page covers California state rules. It does not cover federal vehicle standards or NHTSA investigations in depth, local curb rules, or crashes outside California. The date of a crash decides which rules apply, so a crash before April 28, 2026 may involve the older DMV reporting rules. It is general information, not legal advice.

Law and your claim

These statutes and permits do not decide who pays for an injury. They identify the company behind the car, the insurance or bond behind it, and the records that should exist, and those facts shape a claim from the first week. We identify the permit holder, request the records each rule creates and track the deadlines on our who is liable page. At the scene, use our self-driving car crash checklist. Local steps are on our Los Angeles, San Francisco Bay Area and San Diego pages.

Josh Kohanim, Esq. is the firm's founder and trial attorney. Call (424) 235-7879, where Spanish-speaking staff answer the phone, or use the form. No fee unless we recover.