California (2021-2022) SB 1398

Prohibits selling new vehicles with partial automation without providing notice about feature functions and limitations. Forbids misleading names or ads implying full autonomy. Requires manufacturers to supply dealers with compliance information. Retains liability for negligence or product defects.

  • Authority: California
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2022-09-13

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • False or misleading information
  • Overreliance and unsafe use
  • Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of approximately 2-3 subdomains, with focus on misinformation (3.1), overreliance and unsafe use (5.1), and lack of transparency (7.4). Coverage is concentrated in consumer protection and human-computer interaction domains related to partial driving automation features.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Agriculture, Mining, Construction and Manufacturing sector (specifically automotive manufacturing) and the Trade, Transportation and Utilities sector (specifically vehicle dealers and transportation equipment). It regulates the sale, marketing, and disclosure requirements for vehicles with partial driving automation features.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute enacted by the California legislature with mandatory requirements, enforcement mechanisms through existing vehicle code violations, and civil liability provisions.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: California State Legislature
  • Summary: The document is a state bill enacted by 'the people of the State of California' through their legislative process, as indicated by the opening phrase and the bill number SB 1398.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Entities: Vehicle manufacturers; Vehicle dealers
  • Summary: The statute explicitly targets manufacturers and dealers of passenger vehicles equipped with partial driving automation features, regulating their sales, marketing, and disclosure practices.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: California Department of Motor Vehicles; California courts
  • Summary: Enforcement occurs through the existing Vehicle Code Section 11713 for misleading advertisements, which is enforced by the DMV, and through civil liability claims adjudicated by courts.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: While no specific monitoring body is explicitly named, the California Department of Motor Vehicles would have oversight authority as the agency responsible for vehicle code enforcement, and courts would monitor compliance through civil litigation.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Deploy and Operate and Monitor stages of the AI lifecycle, with requirements for disclosure at point of sale and ongoing marketing compliance. It does not address earlier stages like data collection, model building, or validation.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Task-specific AI

Technical Scope Summary

The document specifically addresses AI systems in the form of partial driving automation features (SAE Level 2), distinguishing them from autonomous vehicles. It does not mention AI models, foundation models, generative AI, or compute thresholds.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1398#:~:text=This%20bill%20would%20require%20a,with%20a%20consumer%20notice%20that
https://agora.eto.tech/instrument/1579
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Document data from AGORA, CSET Emerging Technology Observatory.