In January 2019, the province of Ontario introduced three
changes to the autonomous vehicle ("AV")
pilot program regulation (the "pilot
program") to keep pace with new developments in AV
technology. These changes are: allowing the testing of driverless
AVs and cooperative truck platoons under specific safety
conditions; and exclusion of conditionally automated vehicles
classified under the Society of Automotive Engineers'
("SAE") Level 3 ("SAE Level
3").
In addition to the original conditions and requirements
contained in the pilot program, which were discussed in a previous
issue of our publication, applicants for testing driverless AVs
(i.e. SAE Level 4 and 5 vehicles) are now subject to
additional disclosure/declaration conditions, vehicle technology
and equipment conditions, and notice requirements. Most
interestingly, applicants for testing SAE Level 4 and 5 AVs will
need to provide relevant authorities with "tangible
evidence" of the AV's ability to interact
