Ministry of Industry and Information Technology and two other departments: Enterprises shall not imply to consumers that assisted driving can be regarded as autonomous driving

IT Home 14 Aug 2025 18:38

On August 13th, the State Administration for Market Regulation, together with the Ministry of Industry and Information Technology, drafted the "Notice on Strengthening the Supervision, Management, and Standardized Promotion of Recall and Production Consistency of Intelligent Connected New Energy Vehicle Products by the State Administration for Market Regulation and the Ministry of Industry and Information Technology (Draft for Comments)" and publicly solicited opinions from the society. The deadline for feedback is September 15, 2025.

The main content of the draft for soliciting opinions is as follows:

Enterprises should display safety tips and usage instructions for combined driving assistance systems in prominent locations on vehicle apps, in vehicle information interaction systems, and user manuals, in order to facilitate consumers' reading, understanding, and operation, and to avoid drivers treating combined driving assistance functions as autonomous driving functions.

Enterprises should develop and use driver monitoring, warning, and disposal functions that prioritize safety, closely monitor the driving status of drivers, and take timely warning or control measures such as voice warnings, steering wheel vibrations, speed limits, edge parking, and disabling of combined driving assistance functions when drivers detach from dynamic driving tasks, such as slipping or falling asleep, so that drivers can take over the vehicle in a timely manner and reduce safety risks.

Enterprises should strengthen the monitoring of defect information in intelligent connected new energy vehicles to reduce the risk of vehicle accidents caused by network attacks, threats, and vulnerabilities. The State Administration for Market Regulation conducts defect investigations into security incidents such as incomplete safety tips and usage instructions, network attacks, network threats, and vulnerabilities, and if necessary, urges enterprises to make improvements through recalls.

Enterprises are not allowed to actively disable driver monitoring, warning, and disposal functions through user operations or system logic. The State Administration for Market Regulation will conduct a special investigation into the insufficient monitoring, warning, and disposal functions of drivers, and if necessary, include it in the defect analysis and investigation work.

In addition, enterprises should complete and accurately fill in key information such as the combination driving assistance system, energy storage device units, and assemblies in the motor vehicle qualification certificate system, and strictly implement the classification management requirements for software online upgrade (hereinafter referred to as OTA upgrade) activities. Without filing, OTA upgrade activities shall not be carried out, software versions that have not been fully tested and verified shall not be pushed to users, and defects shall not be concealed through OTA methods to ensure that the intelligent connected new energy vehicle products equipped with the combination driving assistance system produced are consistent with the approved products, and shall bear product safety responsibilities. The Ministry of Industry and Information Technology and the State Administration for Market Regulation will strengthen coordination and management. If an enterprise fails to supplement and submit relevant technical parameters and verification materials as required, if the vehicle performance is inconsistent with the submitted technical parameters, if OTA upgrade activities are carried out without filing, or if the actual OTA upgrade activities are inconsistent with filing, they will be dealt with in accordance with relevant regulations. For enterprises that frequently carry out OTA upgrade activities, the State Administration for Market Regulation will conduct targeted spot checks and special inspections.

At the same time, when providing consumers with information about the automation level, system capabilities, and system boundaries of intelligent connected new energy vehicles, enterprises should be truthful and comprehensive, and should not make false, exaggerated system capabilities, or misleading propaganda to ensure that consumers correctly understand and drive intelligent connected new energy vehicles.

In the combination of driving assistance systems or function naming and marketing promotion, enterprises shall not imply that consumers can regard them as auto drive system with functions that they do not actually have, so as to prevent drivers from abusing them.

Enterprises should avoid exaggerating the driving performance of vehicles and misleading consumers into driving at unreasonable speeds. The State Administration for Market Regulation will increase its supervision and inspection efforts on the exaggeration of combined driving assistance functions, deception or misleading consumers in enterprise advertising activities and commercial promotional activities. It will organize recall technical institutions to carry out technical identification work on issues such as excessive promotion, and conduct special joint investigations with the Ministry of Industry and Information Technology to carry out rectification and standardization work in accordance with the law.

Enterprises should promptly report safety incidents and collisions that occur during the use of the combined driving assistance system in accordance with the requirements of the "Notice on Further Strengthening the Management of Access, Recall, and Online Software Upgrades of Intelligent Connected Vehicle Products". The State Administration for Market Regulation, in conjunction with relevant departments such as the Ministry of Industry and Information Technology, will strengthen in-depth investigation and analysis of accidents, and supervise and inspect the reporting of accidents by enterprises. Once it is found that enterprises have not reported accident information as required, it will be publicly reported to the society and urged to rectify. For enterprises that conceal or omit significant facts in their accident reports, the State Administration for Market Regulation and the Ministry of Industry and Information Technology will conduct special inspections.

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