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China

Last verified 2026-09-05 (JA)Authorities MIIT · Public-security and transport authorities · Participating local authorities (pilots)

China already practises second-gate logic: conditional product admission is followed by geographically and functionally bounded road-access pilots rather than unrestricted deployment. The 2026 Road Traffic Safety Law draft would add a manufacturer-centred road-use accountability layer, and is coded only as a prospective regime.

Conditional L3 product admissions of December 2025; GB 44721-2026 adopted, effective 1 July 2027; Road Traffic Safety Law revision in public consultation.

In Module 02 · snapshot 2026-09-07 review snapshot

Post-type-approval deployment models

RegimeDeployment gateRemote human roleDominant deployment modelLegal statusConfidence
Current law · snapshot 2026-09-07
China – current transitional regimeProduct admission is followed by geographically/functionally limited road-access pilot rather than unrestricted deploymentNo mature national standalone technical-supervisor/remote-operator role architecture yetManufacturer/user-entity conditional deployment modelIn force as pilot / conditional admission architectureHigh

China – current transitional regime

Regulatory object
Conditionally admitted L3 vehicle + designated user entity + specified roads/speeds + road-access pilot
Technical approval baseline
Conditional product admission; GB 44721-2026 adopted but effective from 1 July 2027
Additional deployment / road-use gate
Product admission is followed by geographically/functionally limited road-access pilot rather than unrestricted deployment
ODD / operating-area legalisation
Specified road segments, speed limits and operating conditions function as legally bounded ODD/geofence
Competent authority / decision maker
MIIT and participating local authorities under pilot framework
Primary accountable organisational actor
Designated user entity + manufacturer within monitored pilot architecture
Remote human role
No mature national standalone technical-supervisor/remote-operator role architecture yet
DDT / fallback allocation
L3 ADS performs DDT within approved conditions; human fallback remains relevant to L3 design
Traffic-offence allocation
Current pilot arrangements do not yet equal the proposed national manufacturer-centric offence rule
Civil liability / insurance
Existing compulsory insurance/general rules apply; national AV-specific insurance provisions are proposed, not yet enacted
Data / logging
Pilot monitoring and safety evidence required
Post-market / in-use oversight
Government monitoring and conditional product/road-access controls
Material change / software update
Pilot/product approval is version- and condition-sensitive; exact general change-control rule is still evolving
Retesting / revalidation
Road-access pilots and reassessment provide staged evidence before expansion
Commercial service pathway
Limited pilot deployment; not unrestricted nationwide commercial L3 operation
Dominant deployment model
Manufacturer/user-entity conditional deployment model
Legal status
In force as pilot / conditional admission architecture
Primary-source anchor
MIIT conditional L3 approvals of 15 Dec 2025; GB 44721-2026
Primary current-law rationale
China already demonstrates the second-gate logic in practice even before the new national Road Traffic Safety Law is enacted.
Confidence
High
Sensitivity · prospective law (not current-law scores)
China – 2026 Road Traffic Safety Law draftRegistered AV may activate ADS only within design operating conditions; national road-use rules sit above technical conformityRemote human role remains underdeveloped in the draftManufacturer-centred road-use and enforcement modelDraft / public consultationHigh

China – 2026 Road Traffic Safety Law draft prospective

Regulatory object
Autonomous vehicle/ADS + manufacturer/importer + road-use accountability layer
Technical approval baseline
Road-traffic-rule conformity test + technical/product admission; GB 44721-2026 technical pillar
Additional deployment / road-use gate
Registered AV may activate ADS only within design operating conditions; national road-use rules sit above technical conformity
ODD / operating-area legalisation
Manufacturer/importer must ensure ADS cannot activate outside design operating conditions
Competent authority / decision maker
Public-security / product / transport authorities under State Council allocation
Primary accountable organisational actor
Manufacturer/importer becomes direct central accountability actor for ADS-active traffic violations
Remote human role
Remote human role remains underdeveloped in the draft
DDT / fallback allocation
ADS continuously performs full DDT within design operating conditions; L2 assistance is expressly distinguished
Traffic-offence allocation
Manufacturer/importer 'accepts handling' for violation while ADS active and bears burden of proof if claiming it was unrelated to ADS
Civil liability / insurance
Compulsory motor-vehicle liability insurance required; commercial insurance encouraged; detailed regime delegated
Data / logging
Strong accident evidence/data duties and manufacturer data-provision obligations
Post-market / in-use oversight
National road-safety risk assessment can support suspension/prohibition, recall, repair, replacement/refund/compensation measures
Material change / software update
Unauthorised ADS modification prohibited and sanctioned; post-market risk layer is explicit
Retesting / revalidation
Implementing rules still required; change/revalidation mechanics not fully specified
Commercial service pathway
Supports ordinary national road operation once enacted and implementing rules exist
Dominant deployment model
Manufacturer-centred road-use and enforcement model
Legal status
Draft / public consultation
Primary-source anchor
Road Traffic Safety Law revision draft Arts 95–103
Primary current-law rationale
Analytically important but must not be coded as current Chinese law. It adds a national road-use layer to the already emerging technical and pilot layers.
Confidence
High

Sources

Public Library records for China

ROAT-2026-0326
Road Traffic Safety Law of the People's Republic of China – revision draft (中华人民共和国道路交通安全法（修订草案）)
ROAT-2026-0328
MIIT conditional approval of the first two Level 3 automated-driving vehicle models (工业和信息化部许可两款L3级自动驾驶车型产品)
ROAT-2026-0327
GB 44721-2026 – Safety Requirements for Autonomous Driving Systems