Updated autonomous vehicle rules mooted

China has dedicated a chapter to autonomous vehicles in a draft revision to its Road Traffic Safety Law, seeking to strengthen the legal framework for the rapidly developing sector.

The draft, which was submitted to the ongoing session of the Standing Committee of the National People's Congress, China's top legislature, on Tuesday for its first reading, defines autonomous vehicles and driver-assistance functions, clarifies the conditions for autonomous vehicles to operate on public roads, sets principles for handling traffic violations and outlines insurance arrangements for such vehicles.

It also specifies the responsibility of automakers and importers in handling road safety violations that might occur when the vehicle's self-driving function is activated.

It contains 170 articles in nine chapters and introduces a dedicated chapter on autonomous vehicles, while also addressing distracted driving, electric bicycles, road-occupying activities and traffic risks involving delivery platforms.

The existing Road Traffic Safety Law took effect in 2004, with individual provisions amended in 2007,2011 and 2021.

While introducing the draft revision to lawmakers, Minister of Justice He Rong said that with socioeconomic development and rapid changes in transport technologies, existing provisions can no longer fully meet practical needs in areas including traffic safety responsibilities, management measures, law enforcement and legal liability.

According to the draft, China supports the safe, orderly and regulated testing, demonstration and operation of autonomous vehicles on public roads.

It defines an autonomous vehicle as one capable of continuously performing all dynamic driving tasks under specified operating conditions, whereas driver-assistance functions only help drivers perform some of these tasks. Vehicles operating without autonomous driving functions activated, as well as those equipped only with driver-assistance functions, would be managed under rules applying to conventional vehicles.

Before applying for production approval or import permission, automakers and importers would have to ensure that autonomous vehicles pass tests confirming their compliance with road traffic rules. Once registered, autonomous driving functions could only be activated under designated operating conditions.

Manufacturers and importers would be required to prevent such functions from being activated outside of the specified conditions. Unauthorized modification would also be prohibited.

The draft also clarifies liability. If a traffic violation occurs while autonomous driving is activated, the manufacturer or importer would handle the violation. If they argue that the violation was unrelated to the autonomous driving system, they would have to prove it.

Autonomous vehicles would be covered by compulsory motor vehicle traffic accident liability insurance, and commercial insurance would be encouraged. Manufacturers and importers would be required to ensure road safety, cybersecurity and data security, and would be prohibited from making false or exaggerated claims about autonomous driving functions.

Cui Dongshu, secretary-general of the China Automobile Dealers Association's passenger car market information council, said that the revision marks a shift from piecemeal amendments toward a more systematic legal framework for autonomous driving.

Its key significance, he said, lies in clarifying responsibility. While driver-assistance systems remain based on human driving, manufacturers would assume responsibility for violations when autonomous driving functions are activated.

Cui said the distinction is also important for consumers, as terms such as "intelligent driving" and "automatic parking" have been widely used in vehicle marketing, sometimes blurring the actual capabilities of different systems.

Clearer legal rules, together with mandatory national safety standards, will make it harder for automakers to exaggerate the autonomous-driving capabilities and avoid responsibility, he said.

"Mandatory standards are not meant to restrict innovation, but to set a safe track for the autonomous driving industry," Cui said.

The draft also addresses other prominent road safety concerns.

Drivers who use handheld phones, watch videos or engage in other distracting activities that cause traffic accidents or other serious consequences could face fines ranging from 200 yuan to 500 yuan ($29.76 to $74.40), and possible suspension of their driver's licenses for three months.

It would also prohibit organizations and individuals from occupying roads for non-traffic activities without authorization. Authorities would be required to stop or deal with recreational, fitness and other activities that obstruct traffic.

yangzekun@chinadaily.com.cn