Autonomous Driving Regulations

Autonomous driving regulations refer to the overarching framework of laws, regulations, standards, and technical specifications governing the research and development, testing, type approval, road access, and accident liability determination for autonomous vehicles. As autonomous driving technology transitions from testing and validation to large-scale commercialisation, China is establishing a multi-tiered regulatory framework anchored by "national baseline legislation, local pilot exploration, and technical standardisation support", with the primary goal of providing legal grounds for road legality and liability attribution for Level 3 (L3) and higher autonomous vehicles.

Regulatory Framework

China's autonomous driving regulatory framework is currently undergoing a pivotal shift from "policy guidance" to "statutory regulation", structured across three core tiers:

National Legislative Level: The "Road Traffic Safety Law of the People's Republic of China" serves as the primary governing legislation. The existing law is framed around the conventional principle of human drivers, lacking definitive clauses regarding right-of-way and liability attribution for Level 3 and above autonomous driving systems. Currently, the Ministry of Public Security is actively expediting amendments to the Road Traffic Safety Law, aiming to introduce comprehensive provisions on road testing, public road access, traffic offences, and legal liability in accident handling for autonomous vehicles. The bill has been formally slated in the 2025 legislative agenda of both the State Council and the National People's Congress Standing Committee.

Mandatory National Standards Level: In June 2026, the Ministry of Industry and Information Technology (MIIT) gazetted a public consultation on the mandatory national standard "Safety Requirements for Autonomous Driving Systems of Intelligent and Connected Vehicles" (Draft for Approval). Intended to supersede previous voluntary guidelines, this standard establishes, for the first time, an enforceable legal threshold for Level 3 and Level 4 autonomous driving—where non-compliance constitutes a statutory breach. The standard mandates that autonomous driving systems must at least match the safety proficiency of a "competent and attentive driver", breaking down this benchmark into measurable technical metrics across seven key aspects: perception, decision-making, vehicle control, human-machine interface (HMI), fail-safe intervention, operational design domain (ODD) compliance, and safety validation.

Local Pioneering Legislation Level: To date, over 70 cities across China have initiated autonomous driving public road trials, with 13 municipalities enacting dedicated promotional ordinances or local bylaws. Notably, Shenzhen pioneered this movement in 2022 by gazetting the "Shenzhen Special Economic Zone Intelligent Connected Vehicle Regulations", setting out clear frameworks for type approval registration, operational management, and accident handling protocols, serving as a national legislative benchmark.

Accident Liability Determination Rules

The determination of accident liability remains the most pivotal and scrutinised subject within the regulatory landscape. At present, different regulatory tiers reflect divergent legal approaches:

Tiered Liability Hierarchy in Local Bylaws. As of April 2025, five local bylaws have instituted a tiered liability hierarchy for damages arising from autonomous vehicle traffic accidents. Under the Shenzhen regulations, for instance, if an accident involves an intelligent connected vehicle with a human driver onboard, liability falls upon the driver; for fully autonomous, driverless operations, financial liability lies with the vehicle owner or fleet custodian; in cases where damages stem from product defects, the owner or custodian may seek indemnity from the manufacturer or retailer after paying compensation. This framework establishes the owner or custodian as the primary liable party, placing manufacturers and dealers as secondary recourse.

Expert and Academic Critiques. Legal scholars have contested this tiered hierarchy. Critics argue that this mechanism blurs the boundary between "human fault" and "product liability" by shifting product defect liabilities—which rightfully belong to manufacturers and sellers—onto end-vehicle owners and custodians, potentially upsetting the balance between promoting technological advancement and safeguarding consumer rights.

Technical Alignment of Mandatory Standards. The national standard draft submitted for approval in June 2026 translates Level 3 and Level 4 safety benchmarks into verifiable engineering parameters, establishing technical evidence for accident causation analysis. Legal and technical experts note that, in terms of legal harmonisation, ADS-equipped vehicles must adhere to existing road traffic laws governing motor vehicles; because Level 3 drivers retain a duty of intervention and bear ultimate driving responsibility, conventional road traffic liability rules remain applicable.

Key Developments in 2026

The year 2026 marks a watershed period in accelerating the maturation of autonomous driving regulatory frameworks:

UN Global Technical Regulation on ADS Formally Ratified. In June 2026, the United Nations Global Technical Regulation on Automated Driving Systems (ADS GTR)—co-led by China, the European Union, the United States, and Japan—was officially adopted and released. It establishes core technical benchmarks for ADS products and constructs a full life-cycle regulatory framework.

Public Consultation on Mandatory National Standards for Autonomous Driving. On 16 June 2026, the MIIT released the draft of "Safety Requirements for Autonomous Driving Systems of Intelligent and Connected Vehicles" for public feedback, elevating earlier voluntary recommendations to legally binding mandatory national standards.

Implementation of First Dedicated Traffic Rules for Intelligent Connected Vehicles. On 1 July 2026, the Ministry of Public Security's industry standard "Safety Traffic Code for Road Testing and Demonstration Applications of Intelligent and Connected Vehicles" (GA/T2388-2026) took effect. This establishes unified national road rules tailored for Level 3 and above autonomous vehicles, mandating signals to be indicated at least three seconds prior to lane changing or overtaking, and strictly prohibiting multi-lane crossings across two or more lanes simultaneously.