General Requirements - Safe Testing of Automated Driving Systems

Part two of Safe Testing of Automated Driving Systems on Public Ways in Massachusetts

Entities Testing ADS-Equipped Vehicles

• An Applicant who desires to test in Massachusetts must review and understand the policy issued September 2017 by the National Highway Traffic Safety Administration (NHTSA) entitled Automated Driving Systems: A Vision for Safety and any relevant policies or publications subsequently published by USDOT or another federal agency or national organization as required by MassDOT, in addition to Massachusetts Executive Order No. 572, the Executive Order on Autonomous Vehicles for the City of Boston, and the Regional MOU between MassDOT and Participants.
• Applicants seeking approval to test must provide a completed Application and Testing Plan, and an Executed Memorandum of Agreement to MassDOT and any participating jurisdictions.
• MassDOT may issue a Letter of Approval (“Approval”) upon the successful completion of the Application process which must be carried in the Test Vehicles at all times. If MassDOT does not approve of the Application, a Letter of Denial shall be issued along with instructions on how the Applicant may revise and resubmit the Application for a subsequent review.
• A Participant may elect to opt-out of approval for any particular Memorandum of Agreement and Testing Plan at any time.
• The Applicant must participate in a regular conference call at most monthly with MassDOT and any interested Participant, as required by MassDOT.
• The Applicant must also submit a Progress Report at least quarterly to MassDOT, which posts the reports online for public consumption. Progress Reports are shared with Participants and discussed during the Monthly Conference Calls, and include:
  • General reporting (testing activities, locations, takeover procedures, and a description of any ADS system failures or citations or violations received during testing)
  • Pilot service tests reporting (number of pilot service trips, passengers per trip, qualitative feedback on operations and experience, and origin/destination information)
• MassDOT or any Participant may revoke the Applicant’s Approval if:
  • The Applicant fails to maintain evidence of the insurance requirements; or
  • The Applicant violates this MOA or approved Testing Plan or Application; or
  • Any act or omission of the Applicant or one of its test drivers, employees, contractors, or designees which MassDOT finds makes the operation of Test Vehicles on public ways by the Applicant an unreasonable risk to the public.
• MassDOT will provide a 15-day written notice to the Applicant before revoking the Applicant’s Approval. However, MassDOT may immediately revoke the Applicant’s Approval if the Applicant is engaging in testing in such a manner that immediate revocation is required for the safety of persons on a public way.
• Upon the revocation of Approval, the Applicant must cease all testing on public ways until MassDOT has verified that the Applicant has taken appropriate action to correct the deficiencies that caused the revocation and MassDOT has lifted the revocation.
• MassDOT and Participants reserve the right to temporarily suspend testing for public safety reasons at any time.

ADS-Equipped Vehicles

• A copy of the vehicle registration for each Test Vehicle must be provided to MassDOT, and any exemptions by USDOT, EPA, or other entity.
• Test vehicles must meet any applicable Federal Motor Vehicle Safety Standards, unless exempted from any such standards under 49 USC § 30112(b)(10).
• Trailers and motorcycles are not permitted for testing.
• Test Vehicles should include signage on the sides and/or rear of the vehicle to indicate it is an “ADS-equipped Test Vehicle”, or similar distinguishing features to enable first responders to identify it as an ADS-equipped vehicle.
• All vehicles must display a current inspection sticker and registration plates.
• Prior to conducting a test or series of tests, each Test Vehicles must undergo a thorough safety check by qualified personnel as designated by the Applicant.
• The Applicant must certify in the application that the Test Vehicle(s) are equipped with an automated driving systems data recorder that captures and stores sensor data for all vehicle functions that are controlled by the ADS for at least five (5) seconds before a crash while testing.
  • In the event of a crash, MassDOT or investigating law enforcement agencies may request that the Applicant provide this data recorder information.
• The Applicant agrees to not offer for sale, sell, transfer ownership, or dispose of a Test Vehicle(s) at any time, including at the conclusion of the testing, except:
  • To another Applicant holding a valid permit for ADS Testing in Massachusetts; or
  • To an educational or research institution or a museum where it would be appropriate for display or study; or
  • If the vehicle has a Salvage Parts Only Title; or
  • To junk or scrap the vehicle per M.G.L. Chapter 90 §20E
• A First Responder Interaction Plan must be included in the Application and made available to the law enforcement agencies and other first responders (including fire departments and emergency medical personnel) which operate in the permitted testing areas in the Testing Locations Menu. The First Responder Interaction Plan must instruct those agencies on how to interact with the vehicle in emergency and traffic enforcement situations, including but not limited to:
  • Applicant's primary emergency contact information (including phone numbers) and secondary contact information if applicable
  • Identifying the vehicle (make, model, color(s) and appearance, identifying decals or indicators)
  • How to:
    • Recognize whether the ADS is engaged, safely disengage the ADS, and detect and ensure that the ADS has actually been deactivated
    • Immobilize or otherwise disable the vehicle to prevent movement or subsequent ignition of the vehicle
    • Safely interact with electric, hybrid, or alternative fuel vehicles, when applicable
    • Safely remove the vehicle from the roadway
  • Any additional information as deemed necessary regarding hazardous conditions or public safety risks associated with the operation of the test vehicle

Safety Drivers

• A copy of each test driver’s license must be submitted to MassDOT for approval. If the Applicant has a test driver who has been licensed in another state within the past year, it must provide a copy of the license and a certified copy of the driving record (no more than 30 days old) of the driver.
• Each test driver and safety associate must be at least 21 years of age, possess a valid driver's license issued by a state or territory of the United States and have a driving record free of any pending cases or convictions for serious motor vehicle violations including but not limited to operation of a motor vehicle while under the influence of alcohol or drugs, which shall include any cases that were disposed of under Chapter 90, Section 24D; operating to endanger the safety of the public; leaving the scene after personal injury or property damage and motor vehicle homicide.
• If the test driver is over the age of 23 their license must be at least 1 year old; if the test driver is under the age of 23 their license must be at least 3 years old.
• MassDOT may deny approval for any test driver at its sole discretion.
• When testing, a test driver who is trained and experienced in the operation and control of the Test Vehicle must be in the driver’s seat or other location in the vehicle from which they can monitor the driving environment and take immediate control of the dynamic driving task if necessary.
• Test drivers must not use a mobile telephone, hands-free mobile telephone or mobile electronic device, or otherwise engage in a distracting activity while testing on any public way.
• A test driver may not conduct Testing activities for more than 8 hours in any consecutive 24-hour period.
• The Applicant must enroll in the Commonwealth’s Driver Verification System to track any changes to the test drivers’ license status.
• The Applicant must detail the training and operations protocol in the Application, including a description of the training and instructions provided, evaluation of the test drivers’ experience and qualifications, and a description of the role and responsibility of the test driver and any safety associate(s) in the vehicle.

Operating Conditions

• When testing, a test driver who is trained and experienced in the operation and control of the Test Vehicle must be in the driver’s seat or other location in the vehicle from which they can monitor the driving environment and take immediate control of the dynamic driving task if necessary.
• Applicants must follow all applicable traffic laws and regulations, whether the ADS is engaged or in conventional mode, except when necessary for the safety of the vehicle’s occupants and/or other road users.
• In public ways testing, the Applicant may not artificially create a desired testing scenario, situation, or interaction with another vehicle or road user, unless the scenario, situation, or interaction does not violate any traffic laws or regulations and does not otherwise endanger public safety, impede traffic flow, or otherwise disrupt the regular usage of the public way.
• The operational design domain (geographical conditions, roadway types, speed ranges, environmental conditions, and other domain constraints) must be defined in the Application and approved by MassDOT. An Applicant may not test in conditions which exceed the permitted operation design domain.
• Road owners within the Commonwealth must agree to permit testing of ADS-equipped vehicles on specific roadways. The Testing Locations Menu in the Testing Plan provides a listing of road owners which have agreed to permit testing, and the roadways where testing may and may not be conducted.
• A Testing Plan must be completed by the Applicant to define the locations for testing, and any pilot service tests which are anticipated to occur within the approval period.

Insurance Requirements

For a full description of the insurance requirements please see the Memorandum of Agreement. The Applicant’s insurance coverage must include:

• $1M per occurrence and $2M annual aggregate coverage for Commercial General Liability for bodily injury and property damage per-location or per-project
• $1M auto liability covering all owned, non-owned, hired, leased, rented and test vehicles
• $500k per accident for employer’s liability and workers compensation insurance providing statutory coverage
• $10M umbrella liability providing excess coverage over the general liability, products liability if not included in the general liability, automobile liability and employer's liability coverages on an occurrence basis and no less broad than the underlying coverages
• The Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Department of Conservation and Recreation, the Commonwealth of Massachusetts including cities, towns and municipalities, the Economic Development and Industrial Corporation of Boston d/b/a Boston Planning & Development Agency, and their Agents, Officers, and employees must be named as Additional Insureds on the commercial general liability, automobile liability and the umbrella liability policies. Endorsements evidencing the same must be attached to the certificate. These same coverages must be primary and non-contributory over any insurance available.