China Proposes Law Holding Automakers Liable for Autonomous Driving Violations

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On August 25, it was reported that a draft amendment to the Road Traffic Safety Law has been submitted for its first review at the 24th session of the Standing Committee of the 14th National People’s Congress. The comprehensive draft, consisting of 9 chapters and 170 articles, aims to modernize traffic regulations by addressing critical issues such as autonomous driving, impaired driving, and the management of electric bicycles.

A significant highlight of the draft is the inclusion of a dedicated chapter on “Special Provisions for Autonomous Vehicles.” This section clearly defines the concepts of autonomous driving and driver-assistance systems. Crucially, it establishes that when a vehicle is in an active autonomous driving mode, the manufacturer or importer—rather than the human occupant—will be held liable for any traffic violations. Conversely, vehicles operating without active autonomous features or those equipped only with driver-assistance systems will continue to be governed by existing regulations for conventional vehicles.

The draft also introduces stricter penalties for distracted driving. Motorists caught using handheld phones or watching videos, which subsequently lead to accidents or severe consequences, face fines ranging from 200 to 500 yuan ($28 to $70) and potential suspension of their driver’s license for up to three months.

Furthermore, the proposed legislation addresses the regulation of electric bicycles. The draft suggests increasing the speed limit for e-bikes in non-motorized lanes from 15 km/h to 20 km/h. It also explicitly prohibits dangerous behaviors such as riding against traffic, speeding, ignoring traffic signals, and using mobile devices while riding. Additionally, the draft mandates that both riders and passengers of electric bicycles must wear safety helmets.