Don't Mistake Assistance for Automation! Two Departments Plan Strict Regulation: OTA Upgrades Must Be Filed

In the latest draft for public consultation, specific and detailed requirements have been proposed for how enterprises can better ensure the safe use of intelligent connected new energy vehicles.

Enterprises are required to clearly display safety warnings and user guidelines for combined driving assistance systems on the vehicle’s application interface, in prominent positions within the in-vehicle information system, and in the user manual. This layout is intended to ensure that consumers can easily read, thoroughly understand, and correctly operate these systems, thereby preventing drivers from mistakenly using combined driving assistance functions as autonomous driving functions and reducing potential safety risks.

In addition, enterprises have the responsibility to develop and implement driver monitoring, warning, and emergency response functions centered on safety. These functions must monitor the driver’s driving status in real time. Once dangerous behaviors such as distraction, hands-off driving, or fatigue driving are detected, the warning mechanism should be immediately activated, including voice alerts, steering wheel vibration warnings, speed limit settings, guiding the vehicle to safely pull over to the roadside, and temporarily disabling the combined driver assistance system. These timely warnings and control measures help the driver quickly regain control of the vehicle and effectively reduce the risk of accidents.

In response to the potential cybersecurity challenges faced by intelligent connected new energy vehicles, enterprises must strengthen their defect information monitoring capabilities and rigorously prevent cyberattacks, cyber threats, and system vulnerabilities to reduce vehicle accidents caused thereby. The State Administration for Market Regulation will conduct in-depth defect investigations on issues such as the absence of safety warnings, incomplete user instructions, and cybersecurity incidents, and if necessary, require enterprises to take recall measures to ensure the continuous improvement of vehicle safety.

Enterprises are strictly prohibited from actively disabling driver monitoring, warning, and emergency response functions through user operations or system logic design. The State Administration for Market Regulation will conduct special investigations into cases where these functions are inadequate and, when necessary, include them within the scope of defect analysis and investigation to ensure the effective safeguarding of driver safety.

Enterprises must fill in complete and accurate information in the motor vehicle certificate system, especially regarding key components such as the combined driving assistance system and energy storage devices. When executing software online upgrades (OTA upgrades), enterprises must strictly follow classification management requirements and are not allowed to conduct upgrade activities without filing. Any software version that has not been fully tested and verified must not be pushed to users, and enterprises must not use OTA upgrades to conceal product defects. Enterprises need to ensure that the intelligent connected new energy vehicles they produce are consistent with the approved products and take primary responsibility for product safety. The Ministry of Industry and Information Technology and the State Administration for Market Regulation will strengthen collaborative management and deal with enterprises that violate regulations in accordance with the law. Enterprises that frequently conduct OTA upgrades will be subject to key inspections and special investigations.

When providing consumers with information about the driving automation level, system capabilities, and system boundaries of intelligent connected new energy vehicles, enterprises must ensure the authenticity and comprehensiveness of the information, avoiding false advertising, exaggeration of system capabilities, or misleading consumers. Enterprises should enable consumers to accurately understand and safely operate intelligent connected new energy vehicles, preventing misunderstandings or misuse caused by inaccurate information.

In the naming and marketing promotion of combined driving assistance systems or functions, companies must strictly adhere to relevant regulations and must not imply that consumers can regard these systems as autonomous driving systems or possess functions they do not actually have. Such regulations are designed to prevent drivers from misusing the combined driving assistance functions and to ensure driving safety.

In addition, companies should avoid exaggerating the driving performance of vehicles to prevent misleading consumers into driving at unreasonably high speeds, thereby increasing the risk of accidents. The State Administration for Market Regulation will intensify the supervision and inspection of corporate advertising activities and commercial promotions, taking strict action against behaviors that exaggerate the capabilities of advanced driver assistance systems, deceive or mislead consumers. Additionally, it will organize recall technical agencies to conduct technical assessments on issues such as excessive promotion, and will work together with the Ministry of Industry and Information Technology to carry out special joint investigations to legally rectify and regulate market order.

Enterprises are also required to promptly report safety incidents and collision accidents occurring during the use of integrated driving assistance systems in accordance with the requirements of the "Notice on Further Strengthening the Access, Recall, and Software Online Upgrade Management of Intelligent Connected Vehicle Products." The State Administration for Market Regulation will strengthen cooperation with the Ministry of Industry and Information Technology and other relevant departments to conduct in-depth investigations and analyses of accidents, as well as supervise and inspect enterprises' accident reporting. If it is found that an enterprise fails to report accident information as required or conceals or omits significant facts, public notification will be made in accordance with laws and regulations, and rectification will be urged to ensure the effective safety use of intelligent connected new energy vehicles.