China has dedicated a chapter to autonomous vehicles in a draft revision to the Road Traffic Safety Law, seeking to strengthen the legal framework for the rapidly developing sector. The draft was submitted to the Standing Committee of the National People’s Congress (NPC) for its first reading. It 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 socio-economic 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.
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. 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. 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, the China Daily reports.
