Autonomous Vehicle Testing Pilot Program.

In 2017 the Governor issued Executive Order 17-02, which authorized pilot programs for the testing of autonomous vehicles.  The Executive Order authorized the testing of autonomous vehicles both with and without a human operator present as part of the pilot program.  Under Executive Order 17-02, pilot programs conducting testing with human operators present in vehicles are required to comply with the following requirements:

• Vehicles must be operated or monitored only by a trained employee, contractor, or other person authorized by the entity developing autonomous technology.
• Vehicles must be monitored, and an operator must have the ability to direct the vehicle's movement if assistance is required.
• Individuals able to exercise operational control of an autonomous vehicle during operation must possess a valid United States driver's license.

Also under the Executive Order, pilot programs conducting testing without human operators present in vehicles are required to comply with the following requirements:

• Vehicles must be equipped with an automated driving system that performs all aspects of the driving task on a part- or full-time basis within the vehicle's operational design limits.
• Vehicles must be capable of bringing the vehicle to a safe condition in the event of a system failure.
• Vehicles must be capable of being operated in compliance with state motor vehicle laws relevant to the vehicle's operational design limits.

Autonomous Vehicle Testing Pilot Program.

"Autonomous" is defined to mean a Level 4 or Level 5 driving automation system according to the Society of Automotive Engineering (SAE) International's standard.  These levels of automation are levels that do not require the driver to take over driving from the vehicle while it is operating in an autonomous mode with its automated driving features activated.
 
In order to test an autonomous vehicle on public roadways under the Department of Licensing's (DOL's) autonomous vehicle self-certification testing pilot program, the following information must be provided by the self-certifying entity testing the vehicle:

1. contact information specified by the DOL;
2. local jurisdictions where testing is planned;
3. the vehicle identification numbers (VINs) of the vehicles being tested, provided that the vehicles are mandated to have VINs by state or federal law; and
4. proof of an insurance policy that meets the requirements for vehicles participating in the pilot program.

 
By February 1 of each year, self-certifying entities testing autonomous vehicles must submit a report to the DOL that includes the following information from the prior calendar year:

• vehicle collisions that involve an autonomous vehicle during testing on a public roadway and that are required by law to be reported to law enforcement; and
• moving violations for which a traffic citation or infraction was issued that involve an autonomous vehicle during testing on a public roadway.

The information on collisions and moving violations provided by the self-certifying entity to the DOL must include whether the autonomous driving system was operating the vehicle at the time of, or immediately prior to, the collision or moving violations.  In the case of collisions, the information provided must also include details regarding the collision, including any loss of life, injury, or property damage that resulted from the collision.

The DOL must provide public access to the information reported by self-certifying entities, and must provide an annual report to the House of Representatives and Senate transportation committees summarizing the information reported by self-certifying entities.  The self-certifying entity testing the autonomous vehicle on public roadways must provide written notice in advance of testing to every local and state law enforcement agency with jurisdiction over any of the public roadways on which testing will occur in the applicable jurisdictions.  For testing primarily on limited access highways during which the autonomous vehicle will travel through multiple local jurisdictions, which may include the limited incidental use of other roadways, the self-certifying entity is only required to provide written notice to the Washington State Patrol.  

To test an autonomous vehicle under the DOL's autonomous vehicle self-certification testing pilot program, the testing entity must:

• hold an umbrella liability insurance policy that covers the entity in an amount of not less than $5 million per occurrence for damages by reason of bodily injury, death, or property damage caused by the operation of an autonomous vehicle included in the self-certification testing pilot program; and
• maintain proof of this policy with the DOL in a form and manner specified by the DOL.

An autonomous vehicle registered in the state is required to meet federal standards and regulations for a motor vehicle.  An autonomous vehicle may not be operated on a highway to transport passengers or goods unless a human safety operator is physically present in the vehicle to monitor its performance and intervene if necessary, including by operating, stopping, or shutting off the vehicle.  A human safety operator must meet all state and federal requirements to operate a motor vehicle and an autonomous vehicle.

"Autonomous vehicle" means a motor vehicle equipped with an automated driving feature that:

• operates at Level 3, 4, or 5 of driving automation under SAE International standard J3016; or
• is capable of both controlling steering on a sustained basis and purposefully departing from the current lane of travel.

This definition of "autonomous vehicle" also applies to use of the term under the DOL's autonomous vehicle self-certification testing pilot program, expanding that program to apply to autonomous vehicles with a Level 3 designation and to autonomous vehicles capable of controlling steering and departing from the lane of travel.  

(A driver of a vehicle with a driving automation level of 3, 4, or 5 is not engaged in the operation of the vehicle.  The driver of a vehicle with a driving automation level of 3, however, must be prepared to resume operation of the vehicle when the vehicle requests the driver do so.) 

"Human safety operator" means a person who supervises the operation of an autonomous vehicle and intervenes as necessary to ensure the safe operation of the vehicle.