Ontario: a Friendly Place for Self-Driving Car Companies

Ontario is a friendly jurisdiction for self-driving companies looking to test and establish development and training centres in the province. 

Ontario’s rules were changed in January/2019 in order to allow for level 3 vehicles to eventually, when approved, to be used in Ontario (without a human driver).

Ontario universities, such as U of T and also Waterloo, are among those at the forefront of developing this technology.

Ontario Law

Passed on January 1, 2016 is O. Reg. 306/15: PILOT PROJECT - AUTOMATED VEHICLES under Highway Traffic Act, R.S.O. 1990, c. H.8  which sets out a preliminary framework to automated self-driving vehicles.

$5M or $8M Minimum Policy Limits

On the issue of insurance, section 2.2 requires these vehicles to have at least $5M in insurance policy limits.  If a larger vehicle (i.e. a bus) which can carry 8 or more people is being operated, then that vehicle requires a minimum $8M insurance policy.  Goodness, I hope no buses are being tested – smaller, lighter cars that can cause less damage, only, please.

Records Must be Retained

In a prudent move, Ontario is requiring all self-driving companies to maintain their records for at least 3 years after Regulation 306/15 is revoked – section 16.  This Regulation (section 18) will automatically be revoked as of January 1, 2029, so these records should be preserved until January 1, 2032, at the very least.

In addition, self-driving companies will have to file some basic particulars of any accident they are involved in, with the Ontario government – section 15.

Opportunity: If Accident Involves a Self-Driving Car

So if anyone is involved in an accident with a self-driving car in Ontario, then immediately make a request/demand that the self-driving company retain their records about the vehicle involved in your accident, as well as the accident particulars.  Then, in your lawsuit, you should be able to obtain access to this information.

Gregory Chang

Toronto Insurance Lawyer

Lawsuits Arising From Arizona’s Self-Driving Car Fatality

It’s no surprise that there is a civil lawsuit arising from the death of a woman who was killed by a self-driving Uber test car.

According to this NY Times article, a local paper, The Republic, reported that the family came to an immediate settlement with Uber in March 2018.  It had been reported that Uber’s human driver, at the time of this accident, appeared to be inattentive (i.e. watching videos on her phone) while in the driver’s seat.

A few months after this accident, the local police cleared Uber of criminal charges.  NPR confirmed that no charges were laid against Uber because the self-driving car detected the pedestrian crossing in front about 6 seconds before impact.  The Arizona Republic explained that the Uber car did not stop because Uber had disabled its automatic braking system.  Apparently the rationale for disabling this safety feature – automatic braking - was because the automatic braking system activated too often and, therefore, made for a ‘jerky’ ride.  Wow.

The City of Tempe, where the accident occurred, as well as the State of Arizona are being sued for allowing Uber to test their vehicles without adequate oversight.  Also alleged is that the brick pathway set out by the City (removed by the City after this accident) and which was being used by the victim was she was hit and killed, encouraged pedestrians to cross there, without adequate lighting / street lights, etc.

Gregory Chang

Toronto Insurance Lawyer