O. Reg. 306/15: PILOT PROJECT - AUTOMATED VEHICLES
filed October 13, 2015 under Highway Traffic Act, R.S.O. 1990, c. H.8Skip to content
ontario regulation 306/15
made under the
Highway Traffic Act
Made: September 16, 2015
Filed: October 13, 2015
Published on e-Laws: October 13, 2015
Printed in The Ontario Gazette: October 31, 2015
Pilot Project — Automated Vehicles
Interpretation and Application
1. (1) In this Regulation,
“approval” means approval to test automated vehicles issued under section 9;
“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;
“automated vehicle” means a motor vehicle or a street car, excluding a motorcycle or motor-assisted bicycle, with an automated driving system that operates at driving automation Level 3, 4 or 5;
“drive”, in relation to an automated vehicle, includes driving or causing the operation of the automated vehicle, with or without the automated driving system being engaged;
“dynamic driving task” includes a task required for the 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;
“Level” means an automated driving system’s level of driving automation for on-road vehicles, as defined in SAE Standard J3016;
“owner”, in the case of a commercial motor vehicle, includes the operator, within the meaning of subsection 16 (1) of the Act;
“Registrar” means the Registrar of Motor Vehicles;
“SAE Standard J3016” means SAE International Standard J3016: Taxonomy and Definitions for Terms Related to On-Road Motor Vehicle Automated Driving Systems, issued on January 16, 2014 and available on SAE International’s website.
(2) The Levels of driving automation are the following:
1. Level 0 – no automation.
2. Level 1 – driver assistance.
3. Level 2 – partial automation.
4. Level 3 – conditional automation.
5. Level 4 – high automation.
6. Level 5 – full automation.
(3) A person seated in the driver’s seat of an automated vehicle is considered to be driving the automated vehicle, and to be the driver of the vehicle, with or without the automated driving system being engaged.
2. (1) This Regulation applies to an automated vehicle, with or without the automated driving system being engaged.
(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.
Pilot project established
3. (1) A pilot project to evaluate the use of automated vehicles on highways is established.
(2) The Minister shall conduct and complete an evaluation of the use of automated vehicles on highways under the pilot project before the tenth anniversary of the day this Regulation comes into force.
(3) The Minister may from time to time during the course of the pilot project conduct interim evaluations of the use of automated vehicles with an automated driving system that operates at driving automation Level 3 or 4 to determine if there is a need to continue to evaluate such vehicles under the pilot project.
Prohibition and Permitted Use
4. No person shall drive or permit the operation of an automated vehicle on a highway, except as permitted by this Regulation.
Permitted use of automated vehicles
5. A person may drive or permit the operation of an automated vehicle on a highway if,
(a) the owner of the vehicle has been approved under section 9 to test automated vehicles;
(b) the vehicle meets the requirements of sections 11 and 12;
(c) the vehicle is in good working order;
(d) the driver holds any of the following that authorizes him or her to drive the vehicle:
(i) A valid Class A, B, C, D, E, F or G driver’s licence.
(ii) A valid driver’s licence issued by another jurisdiction.
(iii) A valid International Driver’s Permit;
(e) the driver complies with section 13; and
(f) the vehicle is being driven only for testing purposes under the pilot project established by this Regulation.
Application of Act
6. The Act applies to the operation of an automated vehicle, to a person who drives an automated vehicle and to the owner of an automated vehicle.
Approval to Test Automated Vehicles
Who may apply for approval
7. (1) The owner of one or more automated vehicles, if the requirements of subsection (2) or (3) are satisfied, may apply to the Registrar for approval to test the vehicles under the pilot project.
(2) For vehicles that were originally manufactured as automated vehicles,
(a) the owner must also be the original manufacturer of the vehicles; and
(b) the owner must be a company, within the meaning of the Motor Vehicle Safety Act (Canada), that,
(i) is authorized under that Act to apply a national safety mark to the vehicles, or
(ii) is a foreign manufacturer registered under that Act.
(3) For vehicles that were not originally manufactured as automated vehicles but were converted into automated vehicles,
(a) the owner must also be the person that converted the vehicles into automated vehicles;
(b) the owner must be an original manufacturer of automated vehicles or a technology company, an academic or research institution or a manufacturer of parts, systems, equipment or components for automated driving systems; and
(c) the Registrar must be satisfied that the owner has the expertise to properly convert vehicles into automated vehicles.
Required information and documents
8. (1) An application for approval must include the following information and documents:
1. The name and business address of the applicant.
2. The name, business address, business telephone number, business fax number and business e-mail address of the applicant’s contact person for the purposes of this Regulation.
3. Proof satisfactory to the Registrar of the applicant’s ownership of the vehicles.
4. The total number of vehicles of any make, model and class to be tested.
5. Declaration by the applicant that the vehicles are covered by automobile insurance, as defined in subsection 1 (1) of the Compulsory Automobile Insurance Act, in respect of any one accident, to the limit of at least $5,000,000, exclusive of interest and costs, against liability resulting from bodily injury to or the death of one or more persons and loss of or damage to property.
6. Declaration by the applicant that the vehicles,
i. comply with the requirements of sections 11 and 12,
ii. are in good working order,
iii. meet the statutory and regulatory requirements applicable to motor vehicles or street cars, as the case may be, and
iv. are capable of being driven safely in Ontario.
7. Declaration that the applicant will conduct the testing of the vehicles safely and in accordance with the law.
8. Any other information 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 complies with subparagraph 6 iii or iv of subsection (1).
Approval of application
9. (1) The Registrar may approve an application that meets the requirements of section 11 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) The Registrar may refuse to approve an application if he or she is not satisfied that the testing will be conducted safely and in accordance with the law.
(3) 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.
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 person to whom the approval was issued,
(i) does not comply with a condition of the approval, or
(ii) ceases to meet the requirements set out in section 7;
(c) the testing of the vehicles has not been conducted,
(i) in compliance with this Regulation, or
(ii) in compliance with any conditions of the approval; or
(d) the testing of the vehicles has not been or will not be conducted safely and in accordance with the law.
(2) Notice of the revocation of an approval is sufficiently given if it is given to the owner’s contact person referred to in paragraph 2 of subsection 8 (1) by any of the following methods:
1. Personal delivery to the contact person at the latest address for that person provided by the owner.
2. Regular mail addressed to the contact person at the latest address for that person provided by the owner.
3. Fax to the contact person at the latest fax number for that person provided by the owner.
4. E-mail to the contact person at the latest e-mail address for that person provided by the owner.
(3) Unless the contact person establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice,
(a) notice given by regular mail is deemed to have been received on the fifth day after it was mailed; and
(b) 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 received or deemed to have been received.
Automated Driving System
Automated driving system requirements
11. (1) For a vehicle that was originally manufactured as an automated vehicle, its automated driving system,
(a) must comply with any applicable requirements of the Act and the regulations;
(b) must comply with any requirements of the Motor Vehicle Safety Act (Canada) that apply to automated driving systems for the vehicle’s year of manufacture; and
(c) must comply with SAE Standard J3016.
(2) For a vehicle that was not originally manufactured as an automated vehicle but was converted into an automated vehicle, its automated driving system,
(a) must comply with any applicable requirements of the Act and the regulations;
(b) must not render the vehicle non-compliant in any respect with the Motor Vehicle Safety Act (Canada) or the Motor Vehicle Safety Regulations made under that Act; and
(c) must comply with SAE Standard J3016.
Mechanisms and systems included in automated driving system
12. For every automated vehicle, its automated driving system 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. does either of the following when an alert is given:
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.
13. (1) The driver of an automated 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 vehicle shall carry a copy of the approval in the vehicle.
(3) The driver of an automated 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 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 vehicle and is being tested under the pilot project established by this Regulation.
Reports And Records
Changes in information
14. (1) An owner to whom an approval has been issued shall notify the Registrar of any change in the information provided to the Registrar in the application for approval no later than 10 days after the day the change occurs.
(2) Without limiting the generality of subsection (1), an owner to whom an approval has been issued shall notify the Registrar,
(a) if a vehicle listed in the original application for approval, identified by its make, model and class, is no longer being tested;
(b) if a vehicle not listed in the original application for approval, identified by its make, model and class, is being tested; and
(c) if a vehicle described in clause (b), identified by its make, model and class, is no longer being tested.
15. An owner to whom an approval has been issued shall notify the Registrar of any collision involving an automated vehicle no later than 10 days 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 that the Registrar may request.
16. (1) An owner to whom an approval has been issued shall retain any record that relates to its use of automated vehicles, including information requested under section 15, until the third anniversary of the day this Regulation is revoked.
(2) The owner shall retain the records at its principal place of business in Ontario, if any, or, if the owner has notified the Registrar that it keeps records at other specified premises in Ontario, at those other premises.
(3) Despite subsection (2), records in electronic form need not be retained at the premises described in that subsection if those records can be retrieved in a usable electronic or paper form promptly upon request.
(4) The owner shall ensure that it maintains the capacity to retrieve its electronic records throughout the retention period described in subsection (1).
Reports to Minister
17. (1) If requested to do so by the Minister, an owner to whom an approval has been issued shall report in writing to the Minister on its use of automated vehicles under the pilot project, or on any aspect of that use that may be specified by the Minister.
(2) If requested to do so by the Minister, the owner shall give the Minister any record referred to in subsection 16 (1) that the Minister may require to evaluate the pilot project.
Revocation and Commencement
18. This Regulation is revoked on the tenth anniversary of the day it comes into force.
19. This Regulation comes into force on the later of January 1, 2016 and the day this Regulation is filed.