Autonomous Vehicle Testing Pilot Program. In 2017, the Governor issued Executive Order 17-02, which authorized pilot programs for the testing of autonomous vehicles (AVs). The executive order authorized the testing of AVs both with and without a human operator present as part of the pilot program. To participate in the pilot program, all vehicle owners must attest to proof of financial responsibility, and developing entities must self-certify to the Department of Licensing (DOL) that they comply with all applicable requirements before beginning a pilot program.
Autonomous Vehicle Self-Certification Testing Pilot Program. To test an AV on public roadways, the following information must be provided to DOL by the entity testing the AV:
By February 1st of each year, self-certifying entities testing AVs must submit a report to DOL that includes information from the prior calendar year regarding collisions and moving violations that involve an autonomous motor vehicle during testing on a public roadway.
The entity testing the AV on a public roadway 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.
To test an AV under the program, the testing entity must:
Autonomous Vehicle Work Group. The AV Work Group convened by the Washington State Transportation Commission was tasked with developing policy recommendations to address the operation of AVs on public roadways in the state. The AV Work Group was responsible for:
Before it expired, the AV Work Group released a Roadmap to the Future report in December 2023 addressing the following focus areas to accommodate AV operations on state public roadways: agency readiness, public outreach, equity, safety, testing and pilots, and a path to deployment.
Society of Automotive Engineering International Standards. The Society of Automotive Engineering International (SAE) is a global association of more than 128,000 engineers and related technical experts in the aerospace, automotive, and commercial-vehicle industries. SAE has developed international standard J3016 related to automated driving that include levels one to five of driving automation?level zero meaning no automation to level five meaning full vehicle autonomy. SAE standard J3016 was adopted by the U.S. Department of Transportation in 2016 for use in its federal automated vehicles policy.
Every AV registered in the state must meet federal standards and regulations for a motor vehicle.
Human safety operators must be physically present inside an AV when in operation to monitor performance and intervene if necessary, including operating, stopping, or shutting off the AV. The human safety operator must also meet all state and federal requirements to operate motor vehicles and AVs.
The operation of AVs under DOL?s self-certification testing pilot program is subject to the new AV vehicle and operator requirements.
AV is defined as a motor vehicle equipped with a level four or five automated driving system under SAE standard J3016. Human safety operator is defined as a person who controls the entire dynamic driving task for an AV.
PRO: Human safety operators are the safest way to operate AVs. Many AVs have been involved in accidents and fatalities since 2019. AV technology must consistently show performance consistencies equal to other motor vehicle operations. AVs need to be responsibly integrated into other transportation systems. Public polling on AVs reveals concerns. Ten states have proposed regulations requiring human safety operators, which suggests AVs are not ready for full driverless technology. This intermediate step of a human safety operator is important. With current broadband limitations, full AV integration is not possible. AV operations impact career truck drivers. Requiring human safety operators addresses the liability issue for AV moving violations and accidents. AV technology might not detect children or persons of color. Airplanes still have flight operators when the plane is under autopilot control. AV testing contains some bias, especially towards persons with disabilities. There are vehicle miles traveled concerns when AVs are capable of longer travel. The bill is a step in the right direction, ensuring an educated and trained person is behind the wheel. AV technology is still in development so this bill is a backup insurance policy.
CON: The bill, in effect, is a ban on AV technology, and would prevent AV operations at scale in Washington State. No other state has banned driverless AV deployment. AVs would help with current epidemic of deaths in Washington. AVs are much more sustainable to meet climate goals, especially with fuel efficiency. The bill raises costs and ignores other AV testing results. The bill would delay lifesaving AV technology and set the AV industry back, in conflict with gains over the past few years. Better policies should be focused on reducing human driving errors. AVs make supply chains more efficient.
OTHER: It is important to maximize public safety. The bill should apply to level 3 AV vehicles as well. If Washington State wants to improve AV testing, a third party could monitor performance of SAE levels. More detail could be provided in the bill regarding human safety operator training. AV testing should be distributed equitably between all communities. A human safety operator should be mandatory initially but removed once safety audits are complete. AV test vehicles should always have such operators.
PRO: Senator John Lovick, Prime Sponsor; Sybill Hyppolite, Washington State Labor Council, AFL-CIO; Jessie Elliott, Air Line Pilots Association, International (ALPA); Larry Shannon, Washington State Association for Justice; Taylor Gardner, WA Assn of Sheriffs and Police Chiefs; Brenda Wiest, Teamsters 117; AJ Johnson, Washington state council of firefighters; Anna Zivarts.