China's supreme court clarifies liability for assistance systems. Additionally, a new standard for ADAS Levels 3 and 4 establishes new regulations.
Anyone who allows themselves to be distracted in China when the assistance system is switched on is responsible. The "Supreme People's Court" came to this conclusion.
(Image: Togg)
Anyone allowing their car to drive autonomously is liable for accidents. This was recently decided by the "Supreme People's Court" in Beijing. The occasion was the "Wang case" from September 2025. The ruling aims to provide nationwide clarity as more and more cars equipped with various levels of assistance systems (ADAS) are on the road.
Mr. Wang had attached an "Autopilot Buddy" to the steering wheel, which tricked his Level 2 ADAS into thinking that he had at least one hand on the wheel. He then lay down in the passenger seat to sleep off his intoxication while the car was supposed to drive him home.
Steering Wheel Weights Trick the Sensors
Such steering wheel weights that can trick the sensors are available for purchase online in China. For Mr. Wang, this did not end well. He was sentenced to a "short detention." This means that the court or even a police station in China can temporarily put someone in a cell with little bureaucracy. The person's phone is confiscated during this time. Family members often wonder why their relative doesn't come home for one or two weeks. Additionally, Mr. Wang had to pay a fine of 4,000 yuan, which is approximately 490 euros / USD 560.
The punishment was lenient, as not much had happened. While Mr. Wang was peacefully sleeping, his car merely blocked a street. A passerby had called the police, but there were neither damages to vehicles nor injuries. Wang was convicted for endangering other road users. The leading verdict of the supreme Chinese court is one of many examples of stricter regulation of autonomous driving. In this case, the court reaffirmed that responsibility rests entirely with the driver.
Deployment of Highly Automated Vehicles Requires Regulation
However, with levels 3 and 4, which are increasingly seen on China's roads, the legal questions become more complicated. Who is at fault if the driver initially legally turns away from the steering wheel for a short period or longer but then cannot intervene quickly enough when a problem arises?
In December 2025, a "Hello" brand robotaxi in Zhuzhou, Hunan Province, struck a pedestrian and pulled her under the vehicle. "According to industry sources, the roadway was slippery, and the injured person likely fell while riding a bicycle," reported the economic portal Caixin. The robotaxi was unable to recognize her quickly enough. This was just one of many accidents: due to the numerous pilot trials in China, there are already thousands.
At Level 3, "conditionally automated driving," the driver is allowed to take their hands off the steering wheel but must be able to intervene within a few seconds if the system triggers an alarm. In "highly automated driving" (Level 4), no human intervention is required anymore. Here, liability shifts entirely to the manufacturers and operators, but this is still not definitively regulated.
New National Regulations
On February 12, the Chinese Ministry of Industry and Information Technology (MIIT) in Beijing published the first binding safety standards for Levels 3 and 4 and is collecting public comments until April 13. This draft of the national standard "Intelligent Vehicles – Safety Requirements for Automated Driving Systems" stipulates that autonomous driving systems "must achieve at least the safety level of an attentive driver."
Starting from Level 3, the system must be able to switch to a "minimal risk strategy" if the driver does not intervene in time. It must independently bring the vehicle to a stop in a location where it minimizes the risk to occupants and other road users.
Additionally, the installation of a specialized data storage system for automated driving (DSSAD) will be mandatory starting from Level 3. There must be records that can retrospectively provide insights into what happened from the perspective of the accident vehicle.
Consumer Protection and Promotion of New Technology
China's authorities and courts do not view their role in all these actions solely as protectors of road users, but also as important enablers of autonomous driving, whose widespread commercialization is seen as a key growth engine for the Chinese economy and, consequently, as a public good.
"The widespread adoption of autonomous vehicles requires further legal and technical coordination," comments Caixin on the draft of the new safety standard for Levels 3 and 4. This is precisely what is currently happening in China, when one reads the various news in context.
Date: 08.12.2025
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In recent weeks, Chinese governments at various levels have permitted additional pilot trials for robotaxis. In December, two vehicle models were also issued licenses for test operations in public spaces.