California Enacts New Emergency Response Requirements for Autonomous Vehicle Manufacturers

California Gov. Gavin Newsom on September 30, 2026, signed Senate Bill (SB) 1246 into law, establishing a new set of statewide operational, emergency response and transparency requirements for autonomous vehicle (AV) manufacturers – the permit holders that operate AVs on California roads. The legislation creates new standards for remote vehicle operations, requires enhanced coordination with first responders, establishes incident-response obligations for AV manufacturers and expands reporting requirements aimed at improving accountability and public safety. Most of the law's requirements become operative on July 1, 2028.

SB 1246's passage comes amid heightened scrutiny of AV interactions with first responders and emergency operations, and it is one of the first state laws to specifically address concerns about AVs interfering with emergency response. The bill drew support from a broad coalition of labor organizations, first responders, local governments and public safety advocates. Although AV developers did not actively support the legislation, amendments made during the legislative process appear to have addressed at least some industry concerns. As federal regulators and lawmakers turn their attention to the same issues, elements of SB 1246 could shape future federal legislation, rulemaking or industry standards on AV interactions with first responders.

Background: Federal Focus on AVs and Emergency Response

Earlier this year, the National Highway Traffic Safety Administration (NHTSA) sent a letter to driverless automated driving system developers stating that it had identified "a clear pattern of driverless AVs interfering with law enforcement and other first responders." Pointing to AVs driving into active emergency scenes and blocking ambulances and firefighters, the agency characterized the issue as a significant safety concern, calling on developers to prioritize fixing these deficiencies and noting it would continue to exercise its enforcement authority against developers that do not address significant safety concerns.

More recently, on September 3, 2026, the U.S. Department of Transportation (DOT) released "America Leads: DOT's National Strategy for Automated Vehicles, Fiscal Years 2026-2030," commonly referred to as AV 5.0. Though the strategy creates no new binding obligations, it previews a pipeline of rulemakings, exemption decisions and guidance, including modernization of the Federal Motor Vehicle Safety Standards (FMVSS) and a forthcoming advance notice of proposed rulemaking on automated driving system performance standards. (See Holland & Knight's previous alert, "The Road Ahead for Driverless Vehicles: DOT Unveils AV 5.0 National Strategy," September 4, 2026.)

Rep. Kevin Mullin (D-Calif.) introduced the AV Emergency Response Coordination Act (H.R. 10033) on August 3, 2026. The bill would require standardized emergency response guides, a 24/7 emergency hotline and a final NHTSA rule within two years, setting minimum performance standards for how AVs must support responder activities. (See Holland & Knight's previous alert, "Green Lights and Red Flags: Autonomous Vehicles Rule the Roads," July 31, 2026.) The bill is unlikely to see action this Congress; however, it could be considered as part of a future surface transportation reauthorization.

Key Provisions of SB 1246

Emergency Response Communication

Since July 1, 2026, California has required manufacturers of driverless AVs to keep a dedicated emergency-response phone line answered within 30 seconds by a remote human operator and equip each vehicle with a two-way voice device so that emergency officials near the vehicle can talk with a remote human operator. Manufacturers must also direct their fleet to leave or avoid an area within two minutes of receiving an emergency geofencing message. SB 1246 carries these requirements forward and adds an obligation to acknowledge each geofencing message within two minutes and maintain communications capacity sufficient to support the maximum number of concurrent remote assistance or teleoperation sessions.

Remote Operations and Local Incident Technicians

Remote drivers must be located in the U.S. and hold a driver's license valid for operation in California. Manufacturers must dispatch local incident technicians immediately after notice of a crash or incident that immobilizes a vehicle, obstructs traffic or emergency access, creates a roadway hazard, requires onsite assistance, or upon request from an emergency response official or 911 dispatch center. These technicians must be able to coordinate with emergency response officials and manually relocate or tow the vehicle. During a fleetwide emergency or system failure, manufacturers also must immediately notify affected local jurisdictions of where their vehicles are and what condition they're in, as well as deploy local incident technicians where vehicles cannot be remotely recovered.

Penalties and Local Enforcement

The law sets local penalties when an AV blocks first-responder operations during an emergency for more than 30 minutes. City attorneys and county counsel may bring civil actions, with penalties of up to $10,000 per vehicle paid to local jurisdictions.

Reporting and Transparency

Manufacturers must keep records on local incident technician response times and responses to fleetwide emergencies or system failures, emergency events, immobilizations, obstructions, crashes and requests from emergency response officials. They must provide these records to the Department of Motor Vehicles (DMV) quarterly, and DMV must publish quarterly summary statistics by manufacturer.

Law Enforcement Training

The Commission on Peace Officer Standards and Training (POST) must offer voluntary training on commercial AVs and set uniform guidelines for, and review and certify, manufacturers' manual override training and written guidance.

Looking Ahead

SB 1246's requirements do not become operative until July 1, 2028, but AV manufacturers should start assessing compliance now. Key areas include:

• remote driver location and licensing
• override and disablement capabilities
• staffing and dispatch of local incident technicians
• emergency-response line, two-way communication and geofencing response capabilities
• protocols for notice during systemwide failures
• data collection for quarterly DMV reporting

Manufacturers should also plan for city and county enforcement, since local governments will now have a direct role.

The legislation arrives at a time when federal policymakers are increasingly focused on the future of autonomous mobility. As California implements SB 1246 and federal agencies continue developing national AV policies, companies will need to navigate a rapidly evolving regulatory landscape that increasingly emphasizes emergency-response readiness, operational transparency and public safety alongside continued deployment and innovation. Given the growing federal attention to these issues, elements of SB 1246 could ultimately inform future federal legislation, rulemakings or industry standards governing AV interactions with first responders and emergency operations.

Holland & Knight's Autonomous Transportation Team continues to monitor developments in the AV industry. For more information or questions, please contact the authors.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.