BEIJING – China’s Supreme People’s Court has issued new guiding cases on criminal liability for road safety violations, clarifying that drivers retain full responsibility for safe driving even after activating assisted driving technologies.
The five guiding cases, published on Friday, aim to resolve disputes in judicial practice and unify the standards for adjudicating similar cases.
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The clarification comes amid the widespread adoption of partial automation features, which has led to some drivers engaging in dangerous behaviors such as playing with their phones or sleeping while the system is engaged.
In more severe instances, drivers have tampered with safety mechanisms to allow for prolonged “hands-off” driving, posing a significant threat to traffic safety, the top court said.
The court detailed a specific case to illustrate the driver liability principle. In this incident, the defendant, Wang, consumed alcohol before activating his vehicle’s assisted driving function. To circumvent the system’s monitoring, he used an illegally installed device that allowed the vehicle to operate without effective human supervision. Wang then moved to the passenger seat and fell asleep.
The vehicle came to a stop near its intended destination, where it blocked the road. Passing members of the public discovered Wang asleep in the vehicle and alerted the police.
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Wang was subsequently convicted of the crime of dangerous driving. He was sentenced to one month and 15 days in criminal detention and fined 4,000 yuan (about $580).
The case establishes a clear precedent: in-vehicle assisted driving systems do not replace the driver as the primary operator, and drivers retain full responsibility for safe driving even after activating such features, the top court said.
A driver who activates assisted driving and uses illegally installed accessories to evade system monitoring bears full legal responsibility, even if they are not physically in the driver’s seat or manually controlling the vehicle, it added.
The judicial clarification arrives as China maintains its position as the world’s largest automobile producer and seller, with both production and sales exceeding 34 million units in 2025. The country is also leading the global new energy vehicle sector, with its tech companies and carmakers investing heavily in autonomous driving technology development.
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As the industry experiences rapid growth, Chinese authorities are strengthening regulatory oversight to enhance safety standards.
Last month, the government released a new mandatory national technical standard concerning vehicle door handle safety. According to this forthcoming regulation, the production of new cars featuring retractable door handles — common in many modern vehicles — will be prohibited starting Jan 1, 2027. The measure is designed to prevent scenarios where doors cannot be opened from the outside following an accident.
