Two Departments: Enterprises Shall Not Imply Consumers Can Treat Driver-Assistance Systems as Autonomous Driving Systems
Opinion Net News: August 13th, the Market Regulation Administration and the Ministry of Industry and Information Technology jointly drafted the Notification on Strengthening the Supervision and Management of Smart Networking New Energy Vehicles' Product Recall, Production Consistency, and Regulatory Promotion(draft for public comment).
According to the draft, enterprises should prominently display safety prompts and usage instructions for combined driving assistance systems in vehicle apps, in-vehicle information interaction systems, and user manuals, enabling consumers to read, understand, and operate them, thereby preventing drivers from mistakenly treating the system as an autonomous driving function.
Enterprises should develop and use priority safety features for driver monitoring, warning, and handling functions, closely monitoring the driver's driving state, and taking timely voice warnings, directional wheel vibration, speed limit, parking on the side of the road, disabling combined driving assistance functions, etc., to enable drivers to take control of the vehicle and reduce safety risks.
Enterprises should strengthen monitoring of smart networking new energy vehicles' defect information, reducing the risk of accidents caused by network attacks, threats, and vulnerabilities. The Market Regulation Administration will conduct investigations into security events such as incomplete or misleading safety prompts and usage instructions, and may require enterprises to rectify the issues through recalls.
Enterprises shall not actively close driver monitoring, warning, and handling functions through user operations or system logic. The Market Regulation Administration will conduct special investigations into cases of insufficient driver monitoring, warning, and handling functions and may include them in defect analysis and investigation work.
Enterprises should report complete and accurate information about combined driving assistance systems, energy storage devices, and other key information in the vehicle qualification certificate system and strictly execute software online upgrade (OTA) activity management requirements. They shall not conduct OTA activities without prior approval or push untested software versions to users. This ensures that the produced smart networking new energy vehicles meet regulatory requirements and assumes product safety responsibility.
The Ministry of Industry and Information Technology, the Market Regulation Administration will strengthen coordination and management, identifying enterprises that fail to report relevant technical parameters and validation materials, vehicle performance does not match reported technical parameters, or conduct OTA activities without prior approval. The administration will handle such cases according to relevant regulations. For frequent OTA activity operators, the administration will perform spot checks and special inspections.
Enterprises should provide consumers with accurate and comprehensive information about smart networking new energy vehicles' autonomous driving levels, system capabilities, and system boundaries when providing information on this topic. They shall not make false or exaggerated claims about system capabilities or mislead consumers to understand the true nature of the technology.
Enterprises should avoid exaggerating vehicle driving performance and misleading consumers by claiming that vehicles can perform certain functions they do not possess. The Market Regulation Administration will increase its supervision over advertising activities and commercial promotional behavior, organizing technical verification work on excessive promotion issues, and conducting special joint investigations with the Ministry of Industry and Information Technology to regulate and correct such cases.
Enterprises should report safety events and accidents that occur during the use of combined driving assistance systems according to the notification requirements. The Market Regulation Administration will strengthen accident investigation and analysis, supervising enterprise reporting situations, and publicly announcing and rectifying any enterprises that fail to report information accurately.
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