By placing legal responsibility on the driver, it aims to reduce over-reliance and misuse of ADAS systems.
In a landmark ruling, the Supreme People’s Court of China (SPC) has ruled that the human driver will be responsible for all consequences while driving a vehicle. This decision covers cars that come with L1 or L2 ADAS systems. The court has ruled that the human driver is the primary operator. ADAS systems cannot be considered a replacement under the law. Let’s look at more details on these developments.
Over-reliance on ADAS, use of circumvention devices
The decision by China’s top court comes in response to various cases where users were found to be abusing ADAS systems. In one such sensational case, a drunk driver in Zhejiang province had given complete control to the ADAS system of the car. He used an aftermarket deception device that tricked the ADAS system into believing that the driver’s hands were on the steering wheel. The car eventually stopped in the middle of the road, blocking traffic. The driver was found sleeping on the passenger seat.
According to the court’s decision, the driver was held responsible for this mistake. He was charged with dangerous driving and sentenced to more than a month in custody. The driver was also fined. As part of a broader security action against overdependence and misuse of ADAS systems, this decision applies to all other similar cases.
There have been cases where the human driver was busy with his phone after activating ADAS features. The court’s decision also covers incidents where human drivers may have failed to keep their eyes on the road. The legal ramifications could be even more serious if the driver is found to be using fraudulent devices to circumvent the ADAS system. The decision will also help prevent ADAS systems from being confused with fully autonomous driving systems.
Focus on improving the safety of road users
The decision of China’s top court comes at a time when several other decisions have been taken to improve road safety. For reference, retractable door handles and yoke steering wheels are banned. Similarly, the NCAP protocol is being modified in favor of physical buttons. The court’s decision will also ban questionable marketing strategies where ADAS systems are being positioned as “self-driving.” Such tactics may create misperceptions and lead to over-reliance or misuse of ADAS systems.
With the human driver held liable for legal consequences, a clear safety barrier has been established between L1/L2 ADAS systems and L3/L4/L5 vehicles. In the case of L3 vehicles in China, the driver can legally take his or her eyes off the road under specific circumstances. However, they may still be held liable if they were in charge of the vehicle at the time of the accident. If the system itself fails in some way, the manufacturer will usually bear liability.
The rules are completely different for L4-L5 vehicles, which are virtually driverless. If something bad happens, liability is shared by the fleet operator or manufacturer. The decision by China’s top court appears to be effective in preventing overdependence and misuse of ADAS systems, without affecting the future of fully autonomous technology.
