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China’s Top Court Rules Drivers Are Liable for Cars With Assistance Systems

Published: Feb. 14, 2026  12:30 a.m.  GMT+8
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The AITO M8 extended-range SUV, a mid-to-large new energy model, on display at the 23rd Guangzhou International Auto Show on Nov. 28, 2025. Photo: VCG
The AITO M8 extended-range SUV, a mid-to-large new energy model, on display at the 23rd Guangzhou International Auto Show on Nov. 28, 2025. Photo: VCG

Drivers remain legally liable for their vehicles, even when using advanced assistance systems and vacating the driver’s seat, China’s top court ruled in a guiding case released on Friday.

The Supreme People’s Court issued the case to establish a unified legal standard for courts nationwide. The ruling clarifies that, until full autonomy is achieved, human drivers retain primary responsibility, even when assistance technology is engaged. This decision sets a critical legal precedent as automakers race to deploy increasingly advanced technology, reinforcing that “hands-off” features do not absolve drivers of responsibility amid a growing regulatory crackdown on misuse and misleading marketing.

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  • China’s Supreme Court ruled drivers remain legally liable when using driver-assistance systems, even if not in the driver’s seat, as shown in a 2025 conviction.
  • New regulations restrict misleading marketing and set national standards for Levels 3–4 automation, with standards effective July 1, 2027.
  • Legal and technical revisions, pilot programs, and regulatory actions are ongoing to oversee the adoption of advanced autonomous vehicles.
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What Happened When
August 2024:
Wang Qiang, head of the Ministry of Public Security’s Traffic Management Bureau, revealed that revisions to the Road Traffic Safety Law are in progress, aiming to clarify rules on testing, road access, and liability for autonomous vehicles.
August 2025:
The government prohibited automakers from using ambiguous terms like 'advanced smart driving' or language that implies a system is fully autonomous.
September 2025:
Wang activated his car’s Level 2 driver-assistance system after drinking, bypassed safety protocols, slept in the passenger seat, and the car eventually stopped and blocked a road; no accident occurred.
September 2025:
Wang was convicted of dangerous driving, sentenced to criminal detention, and fined 4,000 yuan ($574).
December 2025:
The MIIT granted permits for two Level 3 autonomous vehicle models to begin trial operations following a multi-agency initiative.
February 12, 2026:
The Ministry of Industry and Information Technology (MIIT) released a draft of mandatory national safety standards for autonomous driving systems, set to be implemented by July 1, 2027.
February 13, 2026:
The Supreme People’s Court released a guiding case clarifying that drivers remain legally liable for their vehicles, even when using advanced assistance systems and vacating the driver’s seat.
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