Newsom Vetoes Bill That Would Have Required Human Operators in Autonomous Trucks

On September 22, 2023, California Gov. Gavin Newsom vetoed Assembly Bill 316, a Teamsters-backed measure that would have barred heavy-duty autonomous trucks from being tested or operated on public roads in the state without a human operator on board.

The bill

AB 316 applied to autonomous vehicles weighing more than 10,000 pounds. The Assembly approved it 69-4 in May and the Senate 36-2 in September, Transport Topics reported. The bill also would have required the Department of Motor Vehicles to report to the Legislature on autonomous vehicle performance, including effects on public safety and employment.

The veto message

"Assembly Bill 316 is unnecessary for the regulation and oversight of heavy-duty autonomous vehicle technology in California, as existing law provides sufficient authority to create the appropriate regulatory framework," Newsom wrote.

He noted that the Legislature gave the DMV authority in 2012 to regulate testing and deployment of autonomous vehicles, and that the DMV consults with the California Highway Patrol, the National Highway Traffic Safety Administration and others. He said the DMV "continuously monitors the testing and operations of autonomous vehicles on California roads and has the authority to suspend or revoke permits as necessary to protect the public's safety."

Newsom directed the Labor and Workforce Development Agency to lead a stakeholder process the following year to review and develop recommendations to mitigate the potential employment impact of autonomous heavy-duty vehicles. He concluded that "this bill is not needed at this time."

The veto kept the status quo, FreightWaves reported: autonomous trucks of that size still needed human safety drivers under state rules. FreightWaves also noted that the Legislature had not overridden a gubernatorial veto since 1979.

Reaction

Teamsters General President Sean O'Brien said Newsom "doesn't have the guts to face working people. He'd rather give our jobs away in the dead of night," Transport Topics reported.

Assembly Speaker pro Tem Cecilia Aguiar-Curry said she was disappointed but hopeful that the governor's "message of openness to working with our sponsors and other stakeholders will result in meaningful next steps."

Jeff Farrah, executive director of the Autonomous Vehicle Industry Association, said that "California's safety experts can continue to evaluate autonomous vehicle technology and consider appropriate regulatory action." American Trucking Associations President Chris Spear called the veto "an encouraging indication that the governor is actually willing to consider all sides and allow common sense to prevail."

What it means for drivers and fleets

The September 2023 veto did not put driverless trucks on California roads. Heavy-duty autonomous trucks still required safety drivers, and any move toward driverless operation depended on DMV rulemaking. What the veto did was leave that decision with regulators rather than writing a human-operator requirement into state law. For drivers, the labor agency review promised a forum for employment concerns. For fleets and shippers watching autonomous freight, California remained a state where commercial driverless trucking would arrive, if at all, through the DMV process.