Section 229-800-5 - Suspension or Revocation of Authorization to Conduct a Pilot ProjectIn accordance with the Resolve, the Commissioner of Transportation may immediately suspend or revoke a permit previously conferred to a Tester to conduct testing of an ADS if the Commissioner of Transportation, in consultation with the Commissioner of Public Safety and the Secretary of State, determines that testing poses a risk to public safety or that the operator or Tester has failed to comply with the requirements as established by rule adopted pursuant to subsection 2 of the Resolve.
A.Reinstatement of Testing Authorization: Upon the suspension or revocation of a permit, the Tester shall be entitled to request reinstatement. The Tester must establish to the Executive Council's satisfaction that it has taken appropriate action to correct any deficiencies that caused the suspension or revocation or that the Tester can provide evidence that the ADS was not at fault. Upon such evidence, the Executive Council will consider reinstatement of the permit.B.Temporarily Restricting Testing: The Commissioner of Transportation reserves the right to request that Testers temporarily cease or restrict testing on select traffic ways or statewide during certain circumstances. The Commission shall notify Testers, with as much notice as practicable, about how, where, and when testing should cease or be restricted. To the extent practicable, the Commission shall contact all applicable Testers to explain the reasons for the restriction prior to issuance and will consider any specific proposals from Testers to continue safe operations during the restriction period. When ADS testing is no longer prohibited on a trafficway, the Commission shall notify the Testers within one (1) business day by telephone or email.C.Emergencies: Emergencies include, but are not limited, to extreme weather and declared emergencies. During emergencies, ADS testing will be prohibited only if there are active restrictions for other classes of vehicles. D.Special Events: Special events, include, but are not limited to, dignitary visits, major conventions/summits, and superload movements. The Commission will temporarily prohibit or restrict testing only for special events with potential dynamic closures and/or safety/security concerns. The Commission shall provide at least one (1) day's notice to the Tester. To the extent possible, the Commission shall attempt to provide three to five (3 to 5) days' notice. Notice shall be provided by email and telephone.E.Safety Restrictions: Safety restrictions, include, but are not limited, to the following:a. The Tester may not operate in complex and/or irregular work zones.b. The Tester may not operate in a local municipality, city, or operating agency that has requested a temporary prohibition or restriction on the testing of an ADS for emergencies, special events or safety concerns, as defined above by contacting the Commissioner of Transportation or his designee. The Commission shall consider the request, and if the Commission determines that the requested prohibition or restriction is necessary and justified to address a safety concern, the Commission will notify the ADS Tester within the applicable window of time stated in Sections 7(B) -(D).c. The Tester may not allow an ADS-Equipped Vehicle to be driven by an operator who. has been convicted or charged with a violation of one of the offenses listed in 29-A M.R.S. §2551(1) (A). The above restrictions in (a) and (b) do not apply toADS-Equipped Vehicles being manually operated by the safety driver.
17-229 C.M.R. ch. 800, § 5