Driverless cars can’t get traffic tickets in CA, but new law offers compromise

Autonomous vehicles in California, long immune from receiving traffic tickets, will eventually be subject to a new type of enforcement following new legislation recently signed by Gov. Gavin Newsom.

Assembly Bill 1777 attempts to close a loophole NBC Bay Area exposed last year, which has allowed driverless car companies to steer clear of ever receiving traffic citations. California's transportation laws have long noted "drivers" are subject to citations when violating the rules of the road, so law enforcement has interpreted that to mean self-driving vehicles are not subject to receiving traffic tickets when there are no human drivers in the front seat.

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An NBC Bay Area investigation reveals autonomous vehicles in California cannot be cited for moving traffic violations since transportation laws require tickets to be issued to actual “drivers.” Senior Investigative Reporter Bigad Shaban reports.

As a result of increased testing of autonomous vehicles, Texas and Arizona rewrote their transportation laws years ago to allow driverless car companies to be on the hook for such citations. While California's newly-signed bill originally sought to mirror such laws, the legislation was ultimately watered down during the negotiation process. Instead of allowing law enforcement to issue traffic citations directly to driverless car companies, the bill only allows police to issue a new type of "notice of noncompliance." The legislation's own analysis notes the bill "does not establish what happens to an [autonomous vehicle] manufacturer as a result of the notice being issued." Additionally, "the bill 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."

The San Francisco County Transportation Authority, which supported the bill, noted 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."

In opposition to the bill, however, the Teamsters Union said the legislation takes California "backwards."

"Instead of giving law enforcement officers the ability to fine or ticket [autonomous vehicle] companies for traffic violations, officers may only issue a "notice of noncompliance" for traffic violations committed," the Teamsters noted.

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"This creates unequal enforcement, where a human driver can be cited or even charged for traffic violations, but [autonomous vehicle] companies are only noticed through the DMVs."

The California DMV is now responsible for hammering out much of the details referenced in the bill, including what penalties, if any, the new notices will carry once the law goes into effect on July 1, 2026.