Are self-driving cars legal in China?

Self-Driving Cars in China: Legal Status and Regulatory Landscape

China’s rapidly expanding autonomous vehicle (AV) industry is now governed by a comprehensive regulatory framework. This landmark legislation, enacted in December 2023, establishes a clear legal framework for the operation of self-driving cars in the country.

Key Provisions of the New Legislation

The legislation classifies AVs into two main types:

• Level 3 and 4 AVs: These vehicles require a human safety operator to be present in the driver’s seat, ready to take control if necessary.
• Level 5 AVs: These vehicles are fully autonomous and do not require a human driver.

Operational Requirements

For Level 3 and 4 AVs, the legislation mandates the presence of a certified safety operator in the driver’s seat. These operators must undergo rigorous training and meet specific qualifications.

In contrast, Level 5 AVs are permitted to operate without a human driver. However, remote operation by a qualified operator is still required. This remote operator must be able to monitor the vehicle’s performance and intervene if necessary.

Safety Measures

The legislation emphasizes safety as a paramount concern. AV manufacturers are required to implement robust safety systems and undergo rigorous testing before their vehicles can be deployed on public roads. These safety systems include:

• Advanced sensors and cameras
• Redundant steering and braking systems
• Fail-safe mechanisms to prevent accidents

Liability

The legislation clarifies liability issues in the event of accidents involving AVs. In cases where the AV is operating autonomously (Level 5), the manufacturer bears the primary liability. However, if a human safety operator is present (Level 3 and 4), they may share liability with the manufacturer.

Impact on the AV Industry

The new regulatory framework provides a clear roadmap for the development and deployment of AVs in China. It has fostered a more stable and predictable environment for investors and manufacturers.

The legislation is expected to accelerate the commercialization of Level 3 and 4 AVs, as manufacturers race to meet the safety requirements. It also sets the stage for the gradual introduction of Level 5 AVs in the future.

Conclusion

China’s new regulatory framework for self-driving cars represents a significant milestone in the country’s AV industry. It provides a comprehensive legal basis for the safe and responsible operation of autonomous vehicles. With its focus on safety, clear operational requirements, and liability clarification, this legislation will help shape the future of mobility in China and beyond.