CAT Coalition Policy, Legislative, and Regulatory Working Group Webinar

1. CAT CoalitionPolicy, Legislative, and Regulatory Working GroupWebinar February 1, 2019

2. Welcome and Agenda Review Agenda Items: • Review of Action Items from Previous Webinar • Summary of Truck Platooning Regulation Challenges • Survey Related to Funding, Financing, and Organizational Structure • CAT Policy Framework Clearinghouse – Next Steps • Auto Alliance – Update on AV Activities • AASHTO AV Community of Practice • Member Updates • Next Webinar / Close

3. Agenda Item #1:Review of Action Items from Previous Webinar

4. Action Items from September 2018 Webinar • Action Item: Steve Boyd to draft a one-page summary of the truck platooning regulation challenges for consideration of this working group during the next webinar. (8:10 agenda item) • Action Item: Establish a temporary task force to develop a survey of state and local DOTs to understand how they are • funding and financing CAT related activities (e.g. research funds, grants, operations funds) • organizationally structure their respective CAT programs. • review the COP survey results to help inform the survey development • Members wishing to participate should contact Pat Zelinski by December 15, 2018. • goal is to update members of this working group during the next webinar, February 1, 2019 (8:20 agenda item)

5. Action Items from November 2018 Webinar • Action Item: Staff to coordinate with Barbara Wendling to arrange a presentation on the SAE Project on Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles during a future webinar of this working group.(scheduled for April webinar) • Action Item: Staff to explore a future agenda topic regarding research conducted in Florida related to truck platooning impacts on the infrastructure. (scheduled for April webinar) • New Action Item: Staff to share the results of the AASHTO Community of Practice (COP) for Highway Automation survey with the working group once available (8:20 and 9:00 agenda items) • New Action Item: Staff to put create a brief summary of early work group deliverables and activities. (preliminary summary follows)

6. PLR Working Group: Overall Activity Summary • Working Group initiated March 1, 2018 • Working Group completed a Work Plan for the initial 18 months – approved June 4, 2018 • Based on the work plan, members identified gaps in working group membership and invited additional members to supplement the initial group • Working group members received presentations from other CAT related committees/groups: • AAMVA • APWA AV Technical Committee • ATA Subcommittee on Automation • USDOT National Dialogue on Highway Automation Sessions • Regular bi-monthly webinars have been conducted, including member sharing and interactive dialogue among members

7. PLR Working Group 3 Overall Activities Planned for the initial 12-18 months Activity #1: Create a Clearinghouse of CAT Policy Frameworks with Policy Statements and Potential Actions. Activity #2: Identify Funding Opportunities and Financing Models to Enable Near-term CAT Investments Activity #3: Identify Model Regulations that Enable Near-Term Pilots and Deployments

8. PLR Working Group Deliverables and Progress on Activity #1 • 22 CAT Policy Frameworks Identified • Very brief summaries of each Framework completed • CAT Framework On-line Clearinghouse Created. Clearinghouse includes a table displaying summaries and Frameworks (or links to Frameworks) and is within the CAT Coalition website https://transportationops.org/CATCoalition/clearinghouse-cat-policy-frameworks • Presentation given to the PLR Working Group by Illinois DOT on their CAT Framework • Next steps are to analyzing the policy frameworks for best practices Activity #1: Create a Clearinghouse of CAT Policy Frameworks with Policy Statements and Potential Actions.

9. Deliverables and Progress on Activity #2 • Working group members identified priority CAT areas for initial focus to beTruck Platooning; and On-road AV Testing • PLR working group members received a detailed industry presentation on truck platooning through an industry presentation on the September 28, 2018 webinar. • The outcome of this presentation revealed that the majority of funding for truck platooning research and demonstrations to date has been private. Group agreed not to continue to focus on researching funding for truck platooning • The working group decided to expand the focus of this activity by conducting a survey on funding approaches used by state and local agencies to fund AV related research and testing/deployment (or to learn from existing surveys if possible). • ITS America survey efforts will be a topic of discussion at the Feb WG webinar as will be the AASHTO AV Task Force survey • The Feb WG webinar will also consider what its survey might look like to complement and build on earlier efforts Activity #2: Identify Funding Opportunities and Financing Models to Enable Near-term CAT Investments

10. Progress on Activity #3 • Working group members Examined Truck Platooning through an industry presentation by Peloton • Learned about examples of regulatory challenges that can be barriers to truck platooning: • E.g. 24 states have a defined numeric following distance that prohibits truck platooning • A 1-2 page white paper is in being developed describing the regulation challenges related to truck platooning. Once approved by the working group, this paper will be circulated through the CAT Coalition to reach as many agencies as possible and will be a deliverable to this activity • Next step in Activity #3 is to discuss the next topic area to explore in regard to model regulations (AV testing on public roads was the highest ranking topic in the survey of members) . Activity #3: Identify Model Regulations that Enable Near-Term Pilots and Deployments

11. Agenda Item #2:Summary of Truck Platooning Regulation Challenges (Activity #3) Mike Cammisa & Steve Boyd

12. November Webinar Recommendation • Preparation of a one-page summary describing the challenges related to truck platooning regulations and examples of states that have implemented qualitative regulations • Not a recommendation document, but an informative document to support states with quantitative following distance regulations • This will be the key deliverable of this Activity for Year 1 • Please find the final document on the CAT Coalition webpage: https://transportationops.org/CATCoalition/policy_legislative_regulatory_WG Mike and Steve to share the status of this initiative

13. Agenda Item #3:Survey Related to Funding, Financing, and Organizational Structure (Activity #2)

14. Parallel and/or Related Surveys • We learned about two recently conducted surveys of the CAV/CAT community • To avoid duplication, we invited presentations/updates on the following surveys: • AASHTO Community of Practice AV Task Force Survey— King Gee • ITS America Survey- Ron Thaniel

15. Recent AASHTO AV Community of Practice Survey What is the Name of the Task Force(s), Working Group(s), Etc. Providing Leadership in Your State? Is there a Charter, Charge, Legislation to Guide the Effort? (describe) What Agency, Legislative Group, Governors Subcabinet is providing leadership in your state? (describe) Who is the membership (with their respective organization): What are the products – completed and envisioned (interim and final): Are there / what are the resources on Call – Universities, Non-profits, etc.?.: What is the groups/task force website address?: Provide executive or lead staff member name and Email:

16. Recent ITS America Survey 1. Has your state enacted autonomous vehicle legislation? 2. Has the governor issued an autonomous vehicle executive order? 3. What state agency has the authority to regulate testing and deployment of autonomous vehicles on public roadways? Please place an "X" next to your response. 4. Please explain why the agency has authority to both regulate testing and deployment of autonomous vehicles on public roadways. 5. Does state law or executive order codify the agency’s authority to regulate testing and deployment of autonomous vehicles on public roadways? 6. Does the agency have the authority to issues autonomous vehicle permits? 8. Within the agency, has a dedicated department and budget been established to regulate testing and deployment of autonomous vehicles on public roadways? 9. Please describe how active the governor’s office is with policy development for testing and deployment of autonomous vehicles on public roads and community and intergovernmental outreach. Please place an "X" next to your response. 10. Has the state established a statewide advisory board/council for autonomous vehicles? 11. Please provide contact information so that we may follow up if necessary

17. Survey Topics We Heard from You in November • The outreach that agencies are conducting within their jurisdictions about CAT/CAT; • How state and local agencies are funding CAT/CAV efforts and if they are utilizing public private partnerships to leverage outside resources; • How are CAT/CAV programs structured (e.g. who is the champion? Which office is CAV led from, have new offices been created?); and • Some major cities are very active in this (e.g. New York) and would be good responders for the survey. The suggestion was to consider AMPO and NACTO to help share the survey.

18. If We Conduct our Own Survey… • Does the following approach make sense (see following slides for details)? • Agency Capacity and Organization • Agency Funding and Financing • Agency Deployment and Partnerships

19. Draft Survey Questions… Part 1: Agency Capacity and Organization: • Does your agency have dedicated positions supporting/leading CAT/CAV initiative/programs? • How many FTEs? • What level of position(s)? • What kind of workforce/skill challenges or needs do you have, if any, to support CAT/CAV? • Where is the program located in the organization /reporting structure? • Who leads your CAT/CAV program? • Who is the champion in your agency?

20. Draft Survey Questions… Part 2: Agency Funding and Financing: • If you have a CAT/CAV program, how are you funding the initiatives and program today? • Existing Operating Program(s) • SPR Funds • New appropriation/new money • Relabeled existing program(s) e.g. ITS = CAT/CAV • What are your plans to sustain and/or increase this funding?_____________ • What order of magnitude is your CAT/CAV initiatives/program? • Specific target if known, __________otherwise range: • <$1M Annual • $1M < $5$ Annual • >$5M Annual

21. Draft Survey Questions… Part 2: Agency Funding and Financing (continued): • What “innovative financing” / “P3” opportunities are you using right now or are you planning to use next year? • Describe? • In relation to pursuing Federal Grant Opportunities (OMNIBUS, ATCMTD, FMCSA, etc..) what are your top barriers/issues/challenges toward assembling a competitive proposal? “When a grant opportunity comes across your desk what pieces of the puzzle need to line up for you to consider applying for it?”

22. Draft Survey Questions… Pat 3: Agency Deployment and Partnerships: • What is your top CAT/CAV priority for 2019? • What physical CAT/CAV strategies have you deployed to date or in 2019? i.e. SPaT, AV Shuttle, Telecom Partnership in exchange for CV infrastructure? etc.)

23. Survey Next Steps: Requesting volunteers to discuss the following and finalize the survey. • If we decide to conduct a survey? • Are there other planned surveys we should know about? • Any additional input, or changes to the draft survey questions based on what we have learned from the AASHTO and ITSA survey questions and results? • Who should receive the survey? • How should we deploy the survey and when? • How should we describe the envisioned product, result, format of distribution, benefit to Coalition and respondents etc.?

24. Agenda Item #4:CAT Policy Framework Clearinghouse(Activity #1) Next Steps

25. CAT Policy Framework ClearinghouseThe Big Picture Completed Assemble CAT Frameworks Completed Post CAT Frameworks to the CAT Coalition Website and encourage members to access Next focus Member offer their reactions & Identify ‘best practices’, ‘unique aspects’, and ‘lessons learned’

26. Summary of Policy Frameworks Assembled Agencies/Organizations represented as of November 7th Arizona AAMVA ATA Alliance of Automobile Manufacturers Connecticut Georgia Florida Illinois ITS America Kentucky Louisiana Maryland Minnesota Oregon Pennsylvania Vermont Virginia Washington State Washington D.C. Wisconsin Society of Actuaries Centralina COG

27. Agenda Item #5: Auto Alliance – Update on AV Activities Anne Marie Lewis

28. The Auto Alliance Perspective -ADS-Equipped Vehicles • Friday, February 1 • CAT PLR Meeting • Anne Marie Lewis, Ph.D. • Senior Director of Technology & Innovation Policy • Alliance of Automobile Manufacturers, Inc.

29. Outline • SAE Levels of Automation and ADS-equipped vehicle trends • Status of industry practices on • Cybersecurity • Privacy • What happens in a crash? • Test Driver Training • Infrastructure Considerations • Potential State Barriers • Federal updates

30. What will future ADS-equipped vehicles look like? Smart Vision EQ 2030 Toyota e-Palette Concept Vehicle GM Cruise AV

31. Cybersecurity Addressed by the Auto-ISAC • In 2016, the Alliance and Global Automakers formed the Auto-ISAC to establish a global information sharing community to address vehicle cybersecurity risks • ISAC = Information Sharing and Analysis Center • What is an ISAC? Sector-specific organization to share information about physical and cyber threats, vulnerability, and incidents • Why an ISAC? Enable the automotive industry to pool resources to identify emerging threats and vulnerabilities more quickly and effectively • Who is a member? 15 OEMs and 19 supplier and commercial vehicle members - Membership represents 99% of light duty vehicles in North America

32. Cybersecurity Standard ISO/SAE 21434 • First joint ISO and SAE Standard • The standard will: • Create a common and internationally agreed upon understanding of automotive cybersecurity engineering • Specify minimum requirements on security engineering process and define criteria for assessment • Work began October 2016, expected publication late 2019

33. Security Across the Automtoive Product Life Cycle • Vehicle manufacturers incorporate cybersecurity protections throughout the product life cycle: • Before the vehicle is deployed, security by design plays vital role • After the vehicle is deployed, the Auto-ISAC provides a mechanism for incident response management VehicleDeployment 🚙 Security by Design Incident Response Management (Auto-ISAC)

34. Automotive Consumer Privacy Protection Principles • In 2014, automakers pledged to meet or exceed commitments contained in Automotive Consumer Privacy Protection Principles developed to protect personal information collected through in-car technologies.

35. What happens after a crash? • Depending on the level of automation of the vehicle and if there is a driver present, one of three actions will occur: • The current state statute for crash response/reporting will be followed, or • The vehicle owner, or a person on behalf of the vehicle owner, will promptly contact a law enforcement agency to report the crash, or • The vehicle will alert a law enforcement agency to the crash. • The Alliance and Alliance members are working with law enforcement, including the AAMVA Law Enforcement Working Group • Important to note that… • Vehicles will be designed to comply with state and local traffic laws • Vehicles that are capable of driverless operation will be capable of achieving a Minimal Risk Condition

36. ADS EDR Update – SAE J1698 • In May, 2018 the SAE standard J1698 for EDRs was updated to include ADS data elements. • For example, it accounts for ADS operating modes: • DDT (nominal) • DDT fallback • Request to intervene • Minimal risk maneuver • Not-operating

37. Test Driving Training • SAE J3018, Guidelines for Safe On-Road Testing of SAE Level 3, 4, and 5 Prototype Automated Driving Systems, is currently being updated • Examples of how Alliance members are training their test drivers are included in the GM and Ford Safety Self-Assessment

38. Infrastructure Considerations • Many of the infrastructure needs of AVs would also greatly benefit non-AVs, and are very cost effective considering the large safety benefit. • Overall - Recommend consistency with the latest standards and recommendations from the Manual of Uniform Traffic Control Devices (MUTCD). • Lane markings: This is a top priority. Lane markings should be clear and consistent. New markings should be protected from prior, erroneous markings. • Traffic signals and signs:The most important factor to consider for traffic control devices is consistency (see MUTCD). It is important to have uniformity at local levels, not just state-to-state. • Construction zones:Consistent implementation of the MUTCD is important to the operation of ADS. Real-time notification of infrastructure changes is useful to map-based ADS technologies. • Intersection crosswalks: Decorative crosswalks should be avoided (i.e. unusual colors or shapes). • Speed bumps: Signs or lane markings that precede speed bumps can help ADS systems to respond appropriately. See Alliance comments submitted to FHWA DocketNo. FHWA-2017-0049.

39. Infrastructure Considerations • Digital infrastructure:V2I, V2V and V2X should not be thought of as necessary, or as a replacement for, the base detection and classification technologies upon which ADS performance relies. • However, could provide benefits such as: • Communicate planned construction and temporary or permanent changes to roadways, e.g. intersection geometry, traffic pattern changes (time- dependent right of way) • Share information regarding weather and traffic flow conditions • Provide notifications from police and emergency vehicles to other road users • V2I communication of Signal Phase and Timing (SPAT) - [Note SPAT Challenge, led by the American Association of State Highway Transportation Official ("AASHTO"), Institute of Traffic Engineers ("ITE") and ITS America] • Wireless standards and protocols • e.g. SAE's Communications for Mobility Committee and on the topics of V2X, machine readability, and Road Safety Message See Alliance comments submitted to FHWA DocketNo. FHWA-2017-0049.

40. Examples of common state policy barriers for ADS-equipped vehicles • Pre-approval permitting program for testing • Generally, provisions in state statute that assume that every motor vehicle has a human driver are potentially problematic. • “The driver shall…” • Licensing: no person may operate a motor vehicle unless the person has a valid driver license • Accident scene requirements: vehicle operator or an occupant must quickly notify law enforcement of certain crashes and provide driver’s license information • Seatbelt requirement:no person may operate a vehicle unless “the person” is properly restrained in a safety belt • Unattended vehicle:no person may leave a vehicle unattended such that it appears abandoned

41. To Summarize – Key Issues for States • Licensing • ADS-DVs should not require a license (see AV START) to ensure people with disabilities, including the blind, can operate the vehicle. • Liability and Insurance • Ensure consistency with current state statute. • Traffic Laws and Enforcement • ADS-equipped vehicles will be capable of complying with state and local traffic laws. • Alliance members are committed to working with law enforcement in the areas where testing is occurring. • Registration • Review existing registration process and address any barriers for ADS-equipped vehicles to be registered.

42. Key Issues for the Federal Government • As defined in the Motor Vehicle Safety Act and subsequent NHTSA Enforcement Bulletins, US DOT’s purview is vehicle design, construction and performance. • Thus, US DOT has released AV Guidance documents that outline critical safety areas, and encourage OEMs to publically report on each item. • US DOT is also conducting research to update current FMVSS. Real world data is needed to inform those future safety standards.

43. Background on FMVSS • US DOT framework for certifying vehicle safety includes 73 FMVSS that focus on crash avoidance, crashworthiness, and post-crash survivability. •  Many of these assume or require a human driver and human operated driving controls. • Traditionally, new technologies that cannot meet or be tested to current FMVSS have been enabled via interpretations, Part 555 exemptions and/or FMVSS rulemaking. • Current FMVSS pose barriers for ADS-equipped Vehicles: • Wording/text changes • Warning telltales intended to alert a human driver of a status/malfunction condition • Test procedures • Non-traditional seating configurations • Other FMVSS requirements that serve no safety purpose in this context

44. NHTSA Research – FMVSS Technical Translations • NHTSA has contracted with VTTI to develop recommended changes to FMVSS to accommodate ADS-equipped Vehicles. The Alliance is participating as a stakeholder on this project. • To date the Alliance has reviewed and provided input on 30 FMVSS. • The Alliance is participating along with other stakeholders in the upcoming US DOT Stakeholder Meeting, November 28.

45. Federal Updates • US DOT released AV 3.0 guidance on Oct 5, 2018 • Re-enforced the 12-point safety approach in the 2.0 guidance • Expands on work previously done by NHTSA by outlining similar efforts within other DOT modal agencies • Reiterates support for both DSRC and CV2X • Announces the Agency is seeking comments on potentially creating a new AV testing pilot program (see ANPRM) • NHTSA research project – FMVSS Technical Translations

47. Agenda Item #7: AASHTO State AV Task Force Community of Practice—General Update King Gee

48. February 1, 2019 State Automated Vehicle Task ForcesCommunity of Practice King W. Gee Director, Engineering and Technical Services

49. Fifty-two Living Laboratories DC PR

50. State AV “Task Forces” • Generally formed 2016-2018; except 2012 in California • Response to Rapid Advancement and Publicity of AVs • Purposes Range and Include • Creation of AV Testing Regimes including Required Information/ Reporting [Level 3, Level 4, Autonomous Shuttles, Platooning] • Interagency Collaboration and Cooperation • Forum for Stakeholder Perspectives and Issues Framing • Structure and Status Vary • Agency Task (2) • Formal/Informal Task Force/Work Group (8) • Advisory Council/Committee (4+1) • Nonprofit Corporation (1)