Autonomous heavy-duty motor vehicles — those with a gross weight of 10,001 pounds or greater — to date have been barred from public roadways in California. This will change if newly proposed California DMV regulations take effect.

The proposed regulations include several notable changes and perhaps most notable among them is the opportunity for providers of autonomous heavy-duty vehicles to apply for a permit to operate through testing or deployment.

This move is in line with California’s commitment and history of creating and pushing forward regulatory frameworks for autonomous vehicle technology, “while focusing on issues related to roadway safety, compliance with California laws, driver licensing, and vehicle registration,” according to the DMV’s April 25 notice.

While the updated regulations open the road for heavy-duty vehicles such as transport trucks to operate in the autonomous space, certain commercial operations are still excluded from this updated regulatory framework, such as “household movers, commercial vehicles used to transport passengers, oversize loads, hazardous materials, and bulk liquids requiring a tank endorsement.”

The regulations would also impose a new phased permitting system for both heavy-duty and light-duty autonomous vehicles, requiring a manufacturer to first hold a “Testing Permit” for a minimum number of miles before then applying for a “Deployment Permit.”

For a further understanding of the proposed regulations, please review our recent client alert here, the DMV’s notice here, and the proposed regulations here.

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Photo of Morgan Phoenix Morgan Phoenix

Morgan Phoenix focuses her practice on product liability, mass torts, and consumer litigation, as well as advising a range of clients on maintaining product compliance with various government agencies. Morgan also advises clients working with government agencies to focus on product safety in…

Morgan Phoenix focuses her practice on product liability, mass torts, and consumer litigation, as well as advising a range of clients on maintaining product compliance with various government agencies. Morgan also advises clients working with government agencies to focus on product safety in a complex regulatory schema. She has experience in bankruptcy, unfair practice, and environmental civil litigation, as well as several class actions.

Morgan is committed to volunteer and pro bono work. She engages in advocating for asylum justice and housing tenant rights in Washington, D.C., demonstrating her dedication to social justice and community service. In 2023, Morgan was recognized with high honors on the 2023 Capital Pro Bono Honor Roll by the District of Columbia Court of Appeals and Superior Court of the District of Columbia.

Morgan earned her J.D. from The George Washington University Law School, where she was recognized as a George Washington Scholar and Dean’s Fellow. She was also the recipient of the Class of 1971 Merit Scholarship. In law school, Morgan served as the president of the George Washington Law Mock Trial team and contributed to the International Law in Domestic Courts JournalMorgan completed her undergraduate studies at Denison University, graduating magna cum laude with a Bachelor of Arts. Her academic journey included a semester abroad at Heidelberg University in Germany.

Photo of Scott L. Winkelman Scott L. Winkelman

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s…

Scott L. Winkelman is a partner in the firm’s Litigation Group and co-chair of the firm’s Transportation Practice. Scott co-founded the firm’s Product Risk Management Practice, has served on the firm’s Management Board and Executive Committee, and for a time managed the firm’s New York office and its Regulatory initiative.

Scott represents clients in class actions, force majeure and other contract disputes, multidistrict proceedings, arbitrations, and other complex litigation in products and commercial matters nationwide.

Scott represents clients in agency proceedings before the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), and related product regulatory bodies, including in connection with four of the largest automotive recalls in United States history.

Scott conducts product and business risk assessments; performs crisis management; and counsels on liability prevention, commercial contracting, warranty, and best practices in law functions and legal management.

Scott is a certified “black belt” in Six Sigma methodology and brings project efficiencies to his client engagements.

Scott has been recognized by BTI Consulting Group as a 2020 Client Service All-Star. The honor, bestowed by corporate counsel, recognizes attorneys who “stand above all the others in delivering the absolute best in client service. Amid all the changes and unexpected events, they stand tallest.”

Since 1997, Scott has been selected by his peers for inclusion in The Best Lawyers In America as a “Best Lawyer” in the area of product liability litigation, and has been ranked in Super Lawyers.

Scott served as judicial clerk to the Honorable John Pratt of the U.S. District Court for the District of Columbia.

Scott is married with two children and roots for all Detroit sports teams.