Highway Traffic Act

ONTARIO REGULATION 161/25

PILOT PROJECT — AUTOMATED COMMERCIAL MOTOR VEHICLES

Consolidation Period:  From August 1, 2025 to the e-Laws currency date.

Note: This Regulation is revoked on August 1, 2035. (See: O. Reg. 161/25, s. 19)

No amendments.

This is the English version of a bilingual regulation.

General

Interpretation

1. (1) In this Regulation,

“approval” means approval issued under section 9 to test automated commercial motor vehicles; (“approbation”)

“automated 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) that meets SAE Standard J3016 with an automated driving system that operates at driving automation Level 3, 4 or 5; (“véhicule utilitaire automatisé”)

“automated driving system” means a system that performs dynamic driving tasks to operate a vehicle with limited or no need for any dynamic driving task to be performed by a human driver; (“système de conduite automatisée”)

“drive”, in relation to an automated commercial motor vehicle, includes driving or causing the operation of the automated commercial motor vehicle, with or without the automated driving system being engaged; (“conduire”)

“dynamic driving task” includes a task required for an operational aspect of driving, such as steering, braking, accelerating and monitoring the vehicle and roadway, and a task required for the tactical aspect of driving, such as responding to events and determining when to change lanes, turn or use signals, but does not include a task required for the strategic aspect of driving, such as determining destinations; (“tâche de conduite dynamique”)

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

“SAE Standard J3016” means SAE International Standard J3016: Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles, available on SAE International’s website, revised April 2021, as amended from time to time.  (“norme SAE J3016”)

(2) A person seated in the driver’s seat of an automated commercial motor vehicle is considered to be driving the automated commercial motor vehicle, and to be the driver of the vehicle, with or without the automated driving system being engaged.

Pilot project established

2. A pilot project to evaluate the use of automated commercial motor vehicles on highways is established.

Application of Regulation

3. This Regulation applies to an automated commercial motor vehicle, whether or not the automated driving system is engaged.

Application of Act

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

(2) With respect to the application of Part XI of the Act, subsection (1) shall be construed so as to allow, from an owner, operator or lessee of an automated commercial motor vehicle, the recovery of loss or damage sustained by any person by reason of the use or operation of an automated commercial motor vehicle that is operating with the automated controls engaged, 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 for automated commercial motor vehicle

5. The owner of an automated commercial motor vehicle shall ensure it is insured under a contract of automobile insurance, as defined under the Compulsory Automobile Insurance Act, that provides coverage for 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 $10,000,000. 

Prohibition and Permitted Use

Prohibition and permitted use

6. (1) No person shall drive or permit the operation of an automated commercial motor vehicle on a highway, except as permitted by this Regulation.

(2) Subsection (1) does not apply to co-operative truck platooning as defined in Ontario Regulation 306/15 (Pilot Project - Automated Vehicles) made under the Act.

Permitted use of automated commercial motor vehicles

7. A person may drive or permit the operation of an automated commercial motor vehicle on a highway if the owner of the vehicle has been approved under section 9 to test automated commercial motor vehicles.

Required information and documents

8. (1) An application for approval to test automated commercial motor vehicles 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 commercial motor vehicle meets the statutory and regulatory requirements applicable to commercial motor vehicles and is capable of being driven safely in Ontario.

Approval of application

9. (1) The Registrar may approve an application to test automated commercial motor 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.

Revocation of approval

10. (1) The Registrar may revoke an approval if, in his or her opinion,

(a) false or inaccurate information, or information that was incomplete in a material respect, was provided in the application;

(b) the testing of the vehicles has not been or will not be conducted safely or in accordance with the law; or

(c) the owner has not complied with a condition imposed by the Registrar under subsection 9 (1).

(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 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.

Automated Driving System Requirements

Mechanisms and systems included in automated driving system

11. The automated driving system in every automated commercial motor vehicle must be equipped with the following mechanisms and system:

1. A mechanism, easily accessible to the driver, that engages and disengages the automated driving system.

2. A system that,

i. safely alerts the driver if a failure of the automated driving system is detected while it is engaged, and

ii. when an alert is given, either,

A. requires the driver to take over all the dynamic driving tasks required to operate the vehicle, or

B. if the driver does not or is unable to take over all the dynamic driving tasks required to operate the vehicle, causes the vehicle to safely move out of traffic and come to a complete stop.

3. A mechanism that allows the driver to take over all the dynamic driving tasks required to operate the vehicle if the automated driving system fails or if the driver disengages the automated driving system.

Duties

Driver’s duties

12. (1) The driver of an automated commercial motor vehicle shall remain at all times in the driver’s seat of the vehicle and shall monitor the vehicle’s operation.

(2) The driver of an automated commercial motor vehicle shall carry a copy of the approval in the vehicle.

(3) The driver of an automated commercial motor vehicle shall present a copy of the approval upon the demand of any police officer or officer appointed for enforcing or carrying out the provisions of the Act.

(4) In the event of a collision or traffic stop, the driver of an automated commercial motor vehicle shall advise the attending police officer or officer appointed for enforcing or carrying out the provisions of the Act that the vehicle is an automated commercial motor vehicle and is being tested under the pilot project established by this Regulation.

Automated commercial motor vehicle without driver

13. (1) Section 12 does not apply to an automated commercial motor vehicle that operates at driving automation Level 4 or 5, as defined in SAE Standard J3016, 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 commercial motor vehicle that operates at driving automation Level 4 or 5, as defined in SAE Standard J3016, when it is being operated without a driver.

(3) A copy of the approval shall be kept in the automated commercial motor vehicle at all times it is being operated without a driver in a location that is accessible to a police officer or officer appointed for enforcing or carrying out the provisions of the Act.

Exemptions

14. An owner or driver who is testing an automated commercial motor vehicle and who is in compliance with this Regulation is exempt from a provision of the Act and its Regulations that is inconsistent with the testing of an automated commercial motor vehicle.

Reports And Records

Changes in information

15. An owner to whom an approval has been issued shall notify the Registrar within 24 hours of any change in the nature of the testing of the automated commercial motor vehicle or in the information provided to the Registrar in the application for approval.  

Collision reports

16. An owner to whom an approval has been issued shall notify the Registrar of any collision involving an automated commercial motor vehicle no later than 24 hours after the day the collision occurs and shall include the following information respecting the particulars of the collision:

1. The vehicles involved, identified by their vehicle identification numbers.

2. The persons involved.

3. The location of the collision.

4. The apparent cause of the collision.

5. The details and extent of any personal injury or damage to property caused by the collision.

6. Any other relevant information, or copy of any document, photograph or electronic record relating to the testing or operation of the automated commercial motor vehicle, that the Registrar may request.

Records retention

17. An owner to whom an approval has been issued shall retain any record that relates to its use of automated commercial motor vehicles, including information requested under section 16, for a period of not less than three years.

Reports to Registrar

18. (1) If requested to do so by the Registrar, an owner to whom an approval has been issued shall report in writing to the Registrar on its use of automated commercial motor vehicles under the pilot project, or on any aspect of that use that may be specified by the Registrar.

(2) If requested to do so by the Registrar, the owner shall give the Registrar any record referred to in section 17 that the Registrar may require to evaluate the pilot project.

Note : Section 19 comes into force on August 1, 2035.

Revocation

19. This Regulation is revoked.

20. Omitted (provides for coming into force of provisions of this Regulation).