The department is authorized to administer an autonomous motor vehicle self-certification testing pilot programand may adopt rules as necessary to implement this chapter. An autonomous vehicle testing entity conducting testing of an autonomous vehicle on public roadways in Washington state must meet the requirements of this section.
The following information must be provided to the department by the autonomous vehicle testing entity testing an autonomous motor vehicle:
Contact information specified by the department;
Local jurisdictions where testing is planned;
The vehicle identification numbers of the autonomous vehicles being tested, provided that one is required by state or federal law;
Proof of an insurance policy that meets the requirements of RCW 46.30.050**;**
The registered agent of the autonomous vehicle testing entity, including the registered agent's name, address, and driver's license number, and any other information the department may require for the enforcement authorized under section 4 of this act; and
If the testing entity has submitted a safety self-assessment to the national highway traffic safety administration, the most recent voluntary safety self-assessment transmitted to the national highway traffic safety administration.
Any autonomous motor vehicle to which subsection (2) of this section is applicable and that does not have a vehicle identification number and is not otherwise required under state or federal law to have a vehicle identification number assigned to it must be assigned a unique identification number that is provided to the department and that is displayed in the vehicle in a manner similar to the display of vehicle identification numbers in motor vehicles.
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To test an autonomous vehicle with a human operator present in the vehicle on a public roadway, the autonomous vehicle testing entity must certify that:
Only a trained employee, contractor, or other person authorized by the developer of the automated driving system will operate or monitor the vehicle being tested;
The human operator of the autonomous vehicle being tested must possess a valid United States driver's license;
Vehicles will, at all times, be monitored by the human operator present in the vehicle;
The human operator present in the vehicle will, at all times, have the ability to direct the vehicle's movements if human operator assistance is required; and
Vehicle operation will comply with Washington state motor vehicle laws at all times, including during autonomous operation of the vehicle.
To test an autonomous motor vehicle without a human operator present in the vehicle on any public roadway, the autonomous vehicle testing entity must certify that:
Vehicles being tested will be equipped with an automated driving system that performs all aspects of the dynamic driving task within the vehicle's operational design domain;
Vehicles being tested will be capable of achieving a minimal risk condition without human intervention when necessary to maintain safe operations;
Vehicle operation will comply with Washington state motor vehicle laws, including during autonomous operation of the vehicle; and
In developing the automated driving system and preparing the autonomous vehicle for testing on public roadways, the autonomous vehicle testing entity has:
(A) Put in place a comprehensive safety case framework with identifiable safety-related goals and mandatory feedback mechanisms;
(B) Conducted driving simulations and closed-course testing in preparation for testing on public roadways;
(C) Evaluated the safety record of the autonomous vehicle being tested to determine its readiness for testing on public roadways;
(D) Put in place any additional safety measures appropriate to the less predictable driving environment of testing on public roadways based on the evidence collected under (b)(iv)(A) through (C) of this subsection; and
(E) Verified that the vehicle meets appropriate and applicable industry standards to help defend against, detect, and respond to cyberattacks, unauthorized intrusions, and false vehicle control commands.
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(A) Any collisions that are required to be reported to law enforcement under (b) of this subsection, involving an autonomous motor vehicle during testing on any public roadway; and
(B) Any moving violations, as defined in administrative rule as authorized under RCW 46.20.2891, for which a citation or infraction was issued, involving an autonomous motor vehicle during testing on any public roadway.
ii. By February 1st of each year, the self-certifying entity must submit a report to the department covering reportable events from the prior calendar year.
iii. The **autonomous vehicle testing** entity shall provide the information required by the department under (a)(i) of this subsection. The information provided must include whether the **automated** driving system was operating the vehicle at the time of or immediately prior to the collision or moving violation.
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i. **The autonomous vehicle testing entity shall also provide the department with the information transmitted to the national highway traffic safety administration under the national highway traffic safety administration's autonomous vehicle incident reporting requirements, or those adopted by the department by rule, as referenced in (b)(ii) of this subsection. The information required under this subsection must be submitted by the same deadlines for information submission set by the national highway traffic safety administration in its reporting requirements referenced in (b)(ii)(A) of this subsection, or those adopted by the department by rule under (b)(ii)(B) of this subsection.**
ii.(A) **The reporting requirements applicable to (b)(i) of this subsection are those set by the national highway traffic safety administration in first amended standing general order 2021-01 as it existed on the effective date of this section, or under subsequent reporting requirements of the national highway traffic safety administration as may be provided by the department by rule, consistent with the purposes of this chapter.**
(B) If the national highway traffic safety administration's reporting requirements in first amended standing general order 2021-01 as it existed on the effective date of this section are eliminated or reduced, the reporting requirements applicable to (b)(i) and (ii)(A) of this subsection may be supplemented or replaced by rules of the department to ensure reporting of collisions continues to include information on the vehicles involved in a collision, the scene of the collision, crash description, and relevant precrash and postcrash information, including whether the automated driving system was operating the vehicle at the time of or immediately prior to the collision or moving violation, and information on any loss of life, injury, or property damage that resulted from the collision.
c. The provisions of this section are supplemental to all other rights and duties under law applicable in the event of a motor vehicle collision.
The autonomous vehicle testing entity shall promptly notify the department of any changes in the information required to be provided under this section.
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The autonomous vehicle testing entity testing the autonomous motor vehicle on public roadways must provide written notice in advance of testing to local and state law enforcement agencies and local fire service providers with jurisdiction over any of the public roadways on which testing will occur that includes the expected period of time during which testing will occur in the applicable jurisdictions, including city police departments within city limits where testing will occur, county sheriff departments outside of city limits in counties where testing will occur, and the Washington state patrol when testing will occur on limited access highways, as defined in RCW 47.52.010.
However, for testing primarily on limited access highways that travels through multiple local jurisdictions, which may include the limited incidental use of other roadways, the autonomous vehicle testing entity must only provide written notice as specified in this subsection to the Washington state patrol and local fire service providers.
Written notice provided under this subsection must:
Be provided not less than fourteen and not more than sixty days in advance of testing;
Include contact information where the law enforcement agency and fire service provider can communicate with the autonomous vehicle testing entity testing the autonomous vehicle regarding the testing planned in that jurisdiction; and
Provide the physical description of the motor vehicle or vehicles being tested, including make, model, color, and license plate number.
An autonomous vehicle interaction guide for law enforcement and fire service providers must be provided at the time written notice is provided, which must include instructions for interaction with autonomous vehicles without human operators when these vehicles will be tested.
The department may adopt a fee to be charged by the department for self-certification in an amount sufficient to offset administration by the department of the self-certification testing pilot program.
The department shall provide public access to the information autonomous vehicle testing entities provide to it, subject to the limitations in RCW 42.56.270, and shall provide an annual report to the house and senate transportation committees of the legislature**, as well as to the autonomous vehicle work group established under RCW 47.01.510 while that section remains in effect,** summarizing the information reported by autonomous vehicle testing entities under this section.
An autonomous motor vehicle may not be operated on any public roadway for the purposes of testing in Washington state until the department is provided with the information required under subsections (1) and (3) of this section.
** The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Automated driving system" includes hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain and regardless of the presence of a safety operator.
"Autonomous operation" means the performance of the entire dynamic driving task by an autonomous driving system, beginning upon performance of the entire dynamic driving task by an autonomous driving system and continuing until the autonomous driving system is disengaged.
"Autonomous vehicle" means a vehicle with a level 4 or level 5 automated driving system as provided in the society of automotive engineering international's standard J3016, as it existed on October 1, 2022, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this chapter.
"Autonomous vehicle testing entity" means a person conducting autonomous vehicle testing in the state.
"Dynamic driving task" means all of the real-time operational and tactical functions collectively required to operate a vehicle in on-road traffic, including controlling lateral and longitudinal vehicle motion, monitoring the driving environment, executing responses to objects and events, planning vehicle maneuvers, and enhancing vehicle conspicuity. "Dynamic driving task" does not include the strategic functions of driving, such as scheduling trips, selecting destinations, and specifying routes.
"Minimal risk condition" means a condition to which a test operator or autonomous driving system brings a vehicle to reduce the risk of a collision when a trip cannot or should not be completed, such as bringing the vehicle to a complete stop.
"Operate" means the activities performed by a human operator or an autonomous driving system to perform the entire dynamic driving task for an autonomous vehicle.
"Operational design domain" means the environmental, geographic, time-of-day, traffic, infrastructure, and other conditions under which an autonomous driving system is specifically designed to function.
"Operator" means the autonomous driving system or natural person operating a motor vehicle equipped with an automated driving system.
"Testing" means the operation of an autonomous vehicle on public roadways to assess or demonstrate the autonomous vehicle's capabilities.
[ 2021 c XXX § 1; ]**
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A violation of chapter 46.61 RCW by the operator of an autonomous motor vehicle driven without a human operator present in the vehicle, as authorized under RCW 46.92.010(4)(b), is a traffic infraction. A notice of infraction must be mailed to the registered agent of the autonomous vehicle testing entity conducting testing within 14 days of the violation.
The registered agent of the autonomous vehicle testing entity conducting testing is responsible for an infraction under RCW 46.63.030(1) when subsection (1) of this section applies.
Infractions committed under subsection (1) of this section are not part of the registered agent's driving record under RCW 46.52.101 and 46.52.120.
[ 2021 c XXX § 4; ]**