REGULATORY · COMPETITIVE · CHINA
China court liability standard for assisted-driving vehicles
Change
China’s top court issued a Friday “guiding case” establishing that humans remain responsible for road safety even when assisted-driving functions are activated.
Why it matters
The Supreme People’s Court’s guiding case standardizes how courts attribute responsibility when assisted-driving technology is in use: the human in the vehicle remains accountable for road safety. The court anchored the guidance in a Zhejiang case where a driver was jailed and fined after relying fully on assisted driving while drunk, including using a device to mimic hands on the wheel and moving to the passenger seat. By elevating this as national guidance, the ruling reduces ambiguity for enforcement and litigation involving driver-assistance systems. The change lands as China tightens safety rules following a high-profile crash and as automakers market increasingly capable assisted-driving features.
Implications
- • Drivers face clearer criminal/civil liability even with assisted-driving engaged
- • Automakers’ assisted-driving claims face higher scrutiny against a driver-responsibility rule
- • Enforcement can treat “hands-off” circumvention devices as aggravating conduct
- • Insurance and claims handling may default to driver fault in assisted-driving incidents
Who is affected
- • Drivers using assisted-driving/ADAS features in passenger vehicles
- • Chinese automakers and EV makers selling assisted-driving packages
- • Autonomous-driving/ADAS technology providers and integrators
- • Auto insurers and claims adjusters handling assisted-driving crashes
Source
Topics
World & Politics Policy & Regulation Law & Public Safety Court Rulings Technology & Innovation Gadgets