第一财经

Autonomous driving has been legally recognized for the first time, with car manufacturers bearing responsibility for any violations that occur while the system is activated.

原文:自动驾驶首次被写入法律,车企承担激活状态下违法责任

Summary of Key Points

On August 25th, the revised draft of the "Road Traffic Safety Law" introduced a new chapter specifically addressing "autonomous driving vehicles" for the first time at the national legal level. This chapter clarifies the legal status of autonomous vehicles, the conditions under which they can be on the road, and who bears responsibility for any violations. Specifically, when L3-level or higher autonomous driving functions are activated, the responsibility for any violations falls on the vehicle manufacturers. However, for L2-level assisted driving, the driver remains fully responsible. This marks a significant milestone as China's autonomous driving technology transitions from a policy pilot phase to a legislative era, filling a legal gap and removing a key obstacle to large-scale commercialization. This development will have a profound impact on vehicle manufacturers, users, and society as a whole.

Detailed Explanation

1. Clear delineation of responsibilities:

  • L3 and higher levels of autonomous driving: If the autonomous driving system is activated and the vehicle is in a designated scenario (such as on highways or specific urban roads), the responsibility for any violations (e.g., running red lights or speeding) lies with the vehicle manufacturer or importer. At this stage, the vehicle can operate without human intervention (no need to steer or watch the road), so the responsibility shifts from the driver to the system.
  • L2-level assisted driving: Functions like automatic following and lane maintenance are still considered auxiliary tools. The driver must remain attentive and ready to take control at all times. If a violation occurs, the driver is still responsible.

For example, if you are driving an L3-level vehicle on the highway and the system fails to detect a speed limit sign, the vehicle manufacturer will be fined. However, if you are driving an L2-level vehicle with assisted driving, you will have to pay the fine yourself.

Cui Dongshu emphasizes that this clarifies the lines of responsibility, addressing the issue of unclear liability in previous cases.

2. Vehicle manufacturers must be more transparent and technically competent:

  • No more misleading advertising: Manufacturers can no longer claim that L2-level assisted driving is "full autonomous driving." They must clearly inform consumers about the limitations of the technology (e.g., L3 can only be used on highways, not in complex urban areas).
  • Technological requirements: The system must accurately interpret traffic signals, speed limits, and lane markings, and be able to handle unexpected situations (e.g., promptly alerting the driver if it fails).
  • Full responsibility in case of violations: Manufacturers must take direct responsibility for any violations that occur while the autonomous driving system is active.

In other words, manufacturers must ensure that their technology is reliable; unsafe systems cannot be marketed.

3. Users need to understand the difference between assisted and autonomous driving:

  • Many users mistakenly use assisted driving systems as if they are fully autonomous. For instance, using an L2-level system while looking at a phone or sleeping can lead to accidents. The new legislation requires users to be aware that assisted systems only assist with driving, and the driver must remain alert and ready to take control at all times.
  • The new standards also require manufacturers to clearly inform users about the capabilities of their vehicles, preventing misuse.

4. Legislation fills a legal gap:

  • Previous regulations on autonomous driving were based on policy documents and industry standards, lacking the authority of national laws. This revision provides a legal foundation for autonomous driving, addressing issues such as who has the right to use these vehicles on the road and how violations should be handled.
  • This will encourage more widespread commercialization, as manufacturers will have the confidence to produce and sell L3 and even L4-level autonomous vehicles.

For example, in 2025, the Ministry of Industry and Information Technology approved two L3-level vehicles for pilot programs, but they could not be sold on a large scale due to a lack of legal support. With the new legislation, these vehicles may become more widely available in cities soon.

5. Future benefits for society:

  • The new legislation will have several positive social impacts:
  • Elderly mobility: Autonomous driving can help the elderly, who may not drive or are hesitant to drive, to travel independently, enhancing their independence.
  • Increased car ownership: Autonomous driving could lead to a higher penetration rate of cars, especially among people who currently do not drive, potentially increasing China's car ownership from around 200 per thousand people.
  • Reduced accidents and congestion: Autonomous driving can reduce the occurrence of accidents caused by fatigue, running red lights, and reckless driving, making traffic smoother.

Conclusion

The new chapter on autonomous driving in the revised Road Traffic Safety Law is a milestone in China's development of autonomous technology. It not only clarifies the responsibilities involved but also sets a direction for the future. As technology matures and regulations improve, autonomous driving will become more widespread, transforming our travel and daily lives. However, safety will always be the top priority.

(The entire text is explained in plain language, making it easy for non-financial professionals to understand.)