China Autonomous Driving Regulations Expand Automaker Responsibilities

China Proposes New Rules for Autonomous Vehicle Violations

China Autonomous Driving Regulations are moving toward clearer legal responsibilities as the country considers requiring automakers or importers to handle traffic violations committed while fully autonomous driving functions are activated. The draft revision to the Road Traffic Safety Law was submitted Tuesday for an initial review by the Standing Committee of the National People's Congress, according to China Central Television (CCTV). The proposed revision contains nine chapters and 170 articles, including a dedicated chapter titled “Special Provisions for Autonomous Vehicles.” The chapter addresses autonomous vehicle operation on public roads, traffic violation handling and insurance arrangements as China continues defining the legal framework for commercialization of higher-level autonomous driving technology.

Automakers Would Handle Violations During Full Autonomy

Under the draft, manufacturers or importers would handle road traffic safety violations committed while fully autonomous driving functions are activated. The provision concerns the entity responsible for handling traffic violations and does not mean liability for compensation in every traffic accident would automatically shift to automakers. This distinction is important because traffic violation responsibility and civil liability for accident compensation are separate issues. The proposed framework therefore establishes a specific obligation for companies when qualifying autonomous driving functions are operating, while leaving broader questions of accident compensation subject to the applicable legal and insurance arrangements.

Assisted Driving Systems Remain Outside the Provision

Vehicles whose autonomous driving functions are not activated, along with vehicles equipped only with assisted-driving features, would continue to be regulated as non-autonomous vehicles. The distinction excludes widely used assisted-driving systems from the provision requiring companies to handle traffic violations. Drivers using these features would therefore remain subject to the rules governing conventional vehicles. This separation could become particularly important during enforcement because many vehicles currently marketed with intelligent-driving capabilities do not operate as fully autonomous vehicles. The proposed requirement is instead focused on situations in which a qualifying autonomous driving function is actually activated during vehicle operation.

Activation Status Could Become Critical to Enforcement

Determining whether an autonomous driving function was activated will be critical to enforcement under the proposed framework. The publicly available summary does not explain how vehicle operating data would be accessed or what evidentiary rules would apply when disputes arise. That leaves important practical questions about how authorities, manufacturers, insurers and vehicle users would establish the vehicle’s operating status at the time of an alleged violation. The issue could become increasingly significant as higher-level autonomous vehicles move into broader public-road use. Clear procedures for identifying system activation and evaluating operating data may therefore be necessary for consistent enforcement.

New Law Aligns With China’s Autonomous Driving Standards

The proposed revision complements China’s recently introduced mandatory technical standard for L3 and L4 autonomous driving. The Ministry of Industry and Information Technology announced on August 4 that the “Safety Requirements for Autonomous Driving Systems of Intelligent Connected Vehicles” will take effect on July 1, 2027. The standard requires autonomous driving systems to achieve a level of safety at least equivalent to that of a qualified and attentive driver. L3 systems must also be capable of monitoring whether the driver is able to take control. Together, the proposed legal framework and technical standard indicate a broader effort to establish defined operating, safety and responsibility requirements for higher-level autonomous vehicles.

L3 Market Access Has Already Begun

China granted its first L3 market-access approvals for conventional passenger vehicles in December 2025. The approved models came from Deepal, a brand of Changan Automobile, and Arcfox, a brand of BAIC Group. These approvals provide an early indication of the types of higher-level autonomous vehicles that could eventually be affected by the proposed traffic violation provision. The development also shows why the legal distinction between assisted driving and autonomous driving is becoming increasingly important. As approved L3 systems enter public-road operation, regulators must establish clearer rules for determining when responsibility rests with the driver and when the manufacturer or importer becomes responsible for handling violations.

Most Existing Intelligent-Driving Vehicles Remain Outside the Scope

The scale of existing assisted-driving adoption also helps define the near-term impact of the proposal. MIIT said last month that the penetration rate of L2 combined driver-assistance features in passenger vehicles had reached 70.5% this year, while navigation on autopilot, or NOA, had reached 34.2%. Because these systems remain within the assisted-driving category when autonomous driving functions are not activated, the proposed company responsibility for traffic violations will primarily affect higher-level autonomous vehicles approved for public roads. Most existing vehicles using intelligent-driving features would therefore continue operating under rules that place responsibility on the driver.

Additional Restrictions Target Distracted and Unauthorized Road Use

Beyond autonomous driving, the draft revision would strengthen restrictions on using handheld phones and watching videos while driving. It would also limit unauthorized non-traffic activities that occupy public roads. These provisions broaden the proposed revision beyond autonomous vehicle regulation and address conventional road safety concerns involving driver distraction and inappropriate use of public road space. The measures indicate that the revision is intended to update multiple aspects of road traffic safety rather than establish rules solely for autonomous vehicles. The combination of conventional road safety restrictions and new autonomous driving provisions reflects the changing requirements created by increasingly advanced vehicle technologies.

Draft Remains Under Legislative Review

The proposed revision is still undergoing its initial review, meaning its provisions may be amended during subsequent deliberations and have not yet taken effect. The draft therefore represents a proposed legal framework rather than an enforceable requirement at this stage. For automakers, importers, drivers and technology developers, the eventual wording will be important because it could determine how traffic violations are handled when fully autonomous functions are active. Further legislative review is also likely to clarify how autonomous vehicle operation, traffic violations, insurance arrangements and responsibility will interact as China continues developing rules for higher-level autonomous driving on public roads.

Frequently Asked Questions

What would China’s proposed autonomous driving law require from automakers?
The proposed revision would require manufacturers or importers to handle road traffic safety violations committed while fully autonomous driving functions are activated. The provision does not automatically transfer liability for compensation in every traffic accident to automakers. Vehicles operating without activated autonomous driving functions, as well as vehicles using only assisted-driving systems, would continue to be regulated as non-autonomous vehicles. The draft remains under initial legislative review, so its provisions may still be amended before any requirements take effect.