The draft sets multiple “safety red lines” for NEVs equipped with driver-assistance functions, covering areas such as DMS and OTA software updates.
On August 13, China’s State Administration for Market Regulation (SAMR), in coordination with the Ministry of Industry and Information Technology (MIIT), released a draft: Notice on Strengthening Recalls, Production Consistency Supervision, and Standardized Promotion of Intelligent Connected New Energy Vehicles (Draft for Comments).
The draft focuses on tightening requirements in four key areas: safety warnings, driver monitoring systems (DMS), over-the-air (OTA) software updates, and marketing practices.
DMS, along with alert and intervention functions, would be mandatory and cannot be disabled by users or system logic. If a driver’s hands leave the wheel or signs of drowsiness are detected, the vehicle must respond with voice alerts, steering wheel vibrations, speed limits, or pull-over actions to ensure driver takeover.
Regarding OTA updates, automakers must strictly follow classification management. Software updates cannot be pushed without prior filing, nor can OTA be used to mask defects. Companies that issue frequent OTA updates will be subject to targeted inspections.
Marketing regulations are also tightened. Automakers are prohibited from exaggerating the capabilities of intelligent driving systems or using misleading names that blur the line between assisted and autonomous driving. Marketing campaigns must not encourage high-speed driving. In cases of suspected false advertising, regulators may conduct technical verification, mandate corrections, or even require recalls.
In addition, any safety incidents occurring while using combined driver-assistance functions must be reported promptly to authorities, with no omissions or concealment.
Industry observers note that the draft maintains the previous definition of “combined driver assistance.”
Basic functions such as adaptive cruise control (ACC) or lane centering control (LCC) are not yet subject to mandatory DMS supervision, while features like automatic lane changes (ALC), lane centering control plus (LCC+), or highway/city navigation assistance will fall under the new rules. Early models without DMS hardware may face functional downgrades or removal.
The draft has sparked discussion among consumers and industry stakeholders. Commentators suggest that while the rules do not hinder the development of intelligent driving, they establish clear “safety red lines,” reinforcing compliance in both technology and marketing, and prioritizing safety over rapid technical iteration.
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