(a)A vehicle shall not be equipped with a device that is specifically designed for, marketed for, or being used for, neutralizing, disabling, or otherwise interfering with a driver monitoring system that is engaged when drivers are utilizing advanced driver assistance system features or autonomous technology, as defined in Section 38750.
(b)A person shall not use, buy, possess, manufacture, sell,
advertise for sale, or otherwise distribute a device that is specifically designed for neutralizing, disabling, or otherwise interfering with a driver monitoring system that is engaged when drivers are utilizing advanced driver assistance system features or autonomous technology, as defined in Section 38750.
(c)A violation of subdivision (a) or (b) is an infraction.
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(a)
A vehicle shall not be equipped with a device that is specifically designed for, marketed for, or being used for, neutralizing, disabling, or otherwise interfering with a driver monitoring system that is engaged when drivers are utilizing advanced driver assistance system features or autonomous technology, as defined in Section 38750.
(b)
A person shall not use, buy, possess, manufacture, sell,
advertise for sale, or otherwise distribute a device that is specifically designed for neutralizing, disabling, or otherwise interfering with a driver monitoring system that is engaged when drivers are utilizing advanced driver assistance system features or autonomous technology, as defined in Section 38750.
(c)
A violation of subdivision (a) or (b) is an infraction.
(d)
All of the following are
exempt from subdivision (a) or (b):
(1)
A manufacturer while operating under a testing permit issued pursuant to Section 38750.
(2)
A person or entity conducting motor vehicle diagnostic services, repairs, or enhancements consistent with the original equipment manufacturer’s safety standards, whether physically or remotely.
(3)
In connection with an update or enhancement of the driver monitoring system by the original equipment manufacturer.
(4)
In connection with a repair of a vehicle malfunction corrected by the manufacturer or manufacturer-approved third-party vendor.
(5)
To remedy a defect corrected by the manufacturer or manufacturer-approved third-party vendor.
(6)
For modifications or compliance pursuant to applicable provisions of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(e)
For purposes of this section,
“advanced driver assistance system” means Level 2 of SAE International’s Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR 2021).
(f)
For purposes of this section, a “direct driver monitoring system” includes exterior camera systems, interior camera systems, or other detection devices designed specifically to
monitor the alertness of the driver while advanced driver assistance system technology or autonomous technology that meets the definition of a Level 3, 4 or 5 SAE International’s Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, standard J3016 (APR2021) is engaged, systems that require a driver to maintain their hands on the steering wheel, pressure sensors, safety sensors, distracted driver sensors, systems that help the driver to continue to pay attention to the traffic situation, systems that warn the driver when the driver is distracted, and any other system that has been shown to be effective in monitoring drivers
while they are utilizing advanced driver assistance system or autonomous technology.
(g)
This section shall not be construed to do either of the following:
(1)
Restrict or prohibit access to a motor vehicle’s onboard computer systems to conduct diagnostics, repairs, or enhancements consistent with the original equipment manufacturer’s safety standards, whether physically or remotely.
(2)
Prevent a person from taking immediate steps to protect the life or
physical safety of the driver or other people in the vehicle.