O. Reg. 517/18: PILOT PROJECT - AUTOMATED VEHICLES

 

ontario regulation 517/18

made under the

Highway Traffic Act

Made: December 5, 2018
Filed: December 20, 2018
Published on e-Laws: December 20, 2018
Printed in The Ontario Gazette: January 5, 2019

Amending O. Reg. 306/15

(PILOT PROJECT - AUTOMATED VEHICLES)

1. (1) The definitions of “automated vehicle”, “owner” and “SAE Standard J3016” in subsection 1 (1) of Ontario Regulation 306/15 are revoked and the following substituted:

“automated vehicle” means a motor vehicle or a street car, excluding a motorcycle or motor-assisted bicycle, with an automated driving system that,

(a) operates at driving automation Level 3, 4 or 5, or

(b) is equipped with an advanced driver assistance system and vehicle-to-vehicle communication system that enable co-operative truck platooning;

. . . . .

“owner” includes the operator within the meaning of subsection 16 (1) of the Act;

. . . . .

“SAE Standard J3016” means SAE International Standard J3016: Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, dated June 2018 and available on SAE International’s website.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“advanced driver assistance system” means an automated driving system that can control some or all aspects of the dynamic driving task;

“co-operative truck platoon” means two or more commercial motor vehicles, as defined in subsection 12.1 (1), that use an advanced driver assistance system and vehicle-to-vehicle communication system to travel in a convoy where the vehicles steer, accelerate and brake co-operatively and synchronously;

“co-operative truck platooning” means participating in a co-operative truck platoon;

“vehicle-to-vehicle communication system” means communication technology that enables vehicles within close proximity to wirelessly exchange information about their speed, location, and heading.

2. Subsection 2 (2) of the Regulation is revoked and the following substituted:

(2) This Regulation does not apply to a motor vehicle with an automated driving system that operates at driving automation Level 0, 1 or 2, other than a commercial motor vehicle as defined in subsection 12.1 (4) that is equipped with an advanced driver assistance system and vehicle-to-vehicle communication system that enable co-operative truck platooning.

(3) This Regulation does not apply to an automated vehicle that operates at driving automation Level 3 if,

(a) the automated vehicle,

(i) was originally manufactured as an automated vehicle that operates at driving automation Level 3, or

(ii) was originally manufactured as a motor vehicle with an automated driving system that operates at driving automation Level 2 and the automated driving system has been modified by the original equipment manufacturer to operate at driving automation Level 3; and

(b) the automated driving system is in good working order and has been properly maintained.

3. The Regulation is amended by adding the following sections before the heading “Pilot Project”:

Application of Act

2.1 (1) The Act applies, with necessary modifications, to the operation of an automated vehicle, to a person who drives an automated vehicle and to the owner of an automated vehicle.

(2) With respect to the application of Part XI of the Act, subsection (1) of this section shall be construed so as to allow, from an owner or lessee of an automated vehicle, the recovery of loss or damage sustained by any person by reason of the use or operation of an automated vehicle that is operating without a driver, but only to an extent that is not inconsistent with the degree of fault or liability, if any, of the person who sustained the loss or damage.

Insurance

Insurance for automated vehicle

2.2 The owner of an automated vehicle shall ensure it is insured under a contract of automobile insurance, as defined under the Compulsory Automobile Insurance Act, that provides coverage for,

(a) liability resulting from bodily injury to or death of one or more persons and loss of or damage to property in the minimum amount of $5,000,000; or

(b) for a vehicle with a seating capacity of eight or more passengers, liability resulting from bodily injury to or death of one or more persons and loss of or damage to property in the minimum amount of $8,000,000.

4. Subsections 3 (2) and 3 (3) of the Regulation are revoked and the following substituted:

(2) The Minister shall conduct and complete an evaluation of the use of automated vehicles on highways under the pilot project before January 1, 2026, and may from time to time during the course of the pilot project conduct interim evaluations.

5. Section 5 of the Regulation is revoked and the following substituted:

Permitted use of automated vehicles

5. A person may drive or permit the operation of an automated vehicle on a highway if the owner of the vehicle has been approved under section 9 to test automated vehicles, and the vehicle is being driven only for testing purposes under the pilot project established by this Regulation.

6. Section 6 of the Regulation is revoked.

7. Section 8 of the Regulation is revoked and the following substituted:

Required information and documents

8. (1) An application for approval must include any information or documents relevant to the applicant, the vehicles, the testing or the drivers that the Registrar may request.

(2) If requested to do so by the Registrar, an applicant shall demonstrate that an automated vehicle meets the statutory and regulatory requirements applicable to motor vehicles or street cars, as the case may be, and is capable of being driven safely in Ontario.

8. Section 9 of the Regulation is revoked and the following substituted:

Approval of application

9. (1) The Registrar may approve the application of an owner to test automated vehicles subject to any conditions that the Registrar may impose, including any condition that the Registrar considers necessary to ensure that the testing will be conducted safely and in accordance with the law.

(2) If the Registrar imposes conditions in an approval, the owner shall comply with the conditions and shall ensure that the testing is conducted in compliance with the conditions.

(3) The Registrar may refuse to approve an application if he or she is not satisfied that the testing will be conducted safely or in accordance with the law.

9. Subsections 10 (2), (3) and (4) of the Regulation are revoked and the following substituted:

(2) Notice of the revocation of an approval is sufficiently given if it is personally delivered or sent to the address, fax number or e-mail address of the owner provided in the owner’s application.

(3) Notice given by regular mail is deemed to have been received on the fifth day after it was mailed and notice given by fax or by e-mail is deemed to have been received on the first business day after it was sent.

(4) The approval is revoked on the day the notice of the revocation is personally delivered or deemed to have been received.

10. (1) Subsection 11 (1) of the Regulation is amended by adding “and” at the end of clause (a), striking out “and” at the end of clause (b) and revoking clause (c).

(2) Subsection 11 (2) of the Regulation is amended by adding “and” at the end of clause (a), striking out “and” at the end of clause (b) and revoking clause (c).

11. Section 12 of the Regulation is amended by striking out “For every automated vehicle” at the beginning of the portion before paragraph 1 and substituting “For every automated vehicle that will be operated with a driver”.

12. The Regulation is amended by adding the following section before the heading “Driver’s Duties”:

Co-operative truck platooning

12.1 (1) Where the Registrar has approved an application under section 9 regarding a commercial motor vehicle that is equipped with an advanced driver assistance system and vehicle-to-vehicle communication system that enable co-operative truck platooning, the owner and driver of that commercial motor vehicle may engage in co-operative truck platooning.

(2) The owner and driver of a commercial motor vehicle engaged in co-operative truck platooning are exempt from the following provisions of the Act while an advanced driver assistance system and vehicle-to-vehicle communication system that enable co-operative truck platooning are in operation:

1. Section 78 (display screens), in respect of any monitor required by the advanced driver assistance system or vehicle-to-vehicle communication system while displaying information required for co-operative truck platooning.

2. Section 78.1 (handheld wireless communication device), in respect of any handheld wireless communication device required by the advanced driver assistance system or vehicle-to-vehicle communication system while displaying information required for co-operative truck platooning.

3. Section 130 (careless driving), but the exemption only applies to facilitate the close proximity of the vehicles.

4. Section 158 (following too closely), but the exemption only applies to facilitate the close proximity of the vehicles.

(3) The purpose of the exemptions set out in subsection (2) are to allow the owner and driver to use advanced driver assistance systems and vehicle-to-vehicle communication systems to participate in this pilot project but they are not intended to exempt the owner or driver from liability for damages.

(4) In this section,

“commercial motor vehicle” means a commercial motor vehicle configuration described in Schedules 1 and 19 to 25 to Ontario Regulation 413/05 (Vehicle Weights and Dimensions — for Safe, Productive and Infrastructure-Friendly Vehicles).

13. The Regulation is amended by adding the following section before the heading “Reports and Records”:

Automated vehicle without driver

13.1 (1) Section 13 does not apply to an automated vehicle that operates at driving automation Level 4 or 5 when it is being operated without a driver.

(2) Paragraph 6 of section 3 of Ontario Regulation 455/07 (Races, Contests and Stunts), made under the Act, does not apply to an automated vehicle that operates at driving automation Level 4 or 5 when it is being operated without a driver.

Commencement

14. This Regulation comes into force on the later of January 1, 2019 and the day it is filed.