(Yicai) Aug. 26 -- China is moving to establish a statutory framework for autonomous-driving liability, transferring responsibility for accidents from drivers to automakers when Level-3 or higher self-driving systems are used.

The cabinet yesterday submitted a draft amendment to the Road Traffic Safety Law for review by the Standing Committee of the National People's Congress. It adds a chapter on specific provisions for autonomous vehicles, and clearly distinguishes between “autonomous driving” and “assisted driving.”

Notably, the amendment stipulates that if a traffic accident occurs while a vehicle’s autonomous-driving function is activated, the manufacturer or importer will be held responsible.

“This provides a legal basis for determining traffic accidents and handling consumer disputes,” said Cui Dongshu, secretary-general of the China Passenger Car Association. “It draws a clear line of responsibility.”

The amendment elevates the logic of liability attribution from industry standards to the level of national law, Cui pointed out.

Mandatory national standards issued by the Ministry of Industry and Information Technology already specify that drivers bear full responsibility for accidents that happen in L2 self-driving mode, whereas carmakers bear primary responsibility for system safety when L3 mode is in use.

In the long run, autonomous-driving systems will be more rule-abiding than human drivers, Cui said. As self-driving technology progresses from L2 to L4, the incidence of traffic accidents is expected to fall along with a reduction in traffic congestion.

The amendment will also help the public correctly distinguish between the concepts of “assisted driving” and “autonomous driving,” thereby reducing safety incidents caused by improper use, Cui added.

The changes to the law impose higher requirements on manufacturers, who now need to ensure that their systems can accurately recognize and execute traffic signals, speed limits, lane markings, and other rules when in self-driving mode, according to industry insiders.

The determination of liability for accidents when in autonomous-driving mode will encourage automakers to focus more on improving technology, ensuring the operational stability and redundancy of each technology and function, an expert told Yicai. It will also put an end to the practice where some manufacturers use "smart driving" as a marketing gimmick but evade responsibility when accidents happen, the person said.

The amendment does not, however, resolve every knotty scenario, such as when an autonomous-driving system disengages moments before an accident, leaving the determination of liability in such cases to future regulation and judicial practice, the expert noted.

Clarification of legal liability is a prerequisite for the mass use of L3 and L4 self-driving technology. The technology’s maturation and the clear definition of legal liability for accidents will help transform cars from "driving tools for the few" into "mobility spaces for the many," taking China's vehicle ownership to even higher levels, according to Cui.

Editors: Tang Shihua, Futura Costaglione