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酒后开启智驾就可以开车吗?最高法明确了
Core Viewpoint - The Supreme People's Court of China has released its first set of guiding cases specifically focused on road traffic safety, highlighting the legal responsibilities of drivers using advanced driver-assistance systems (ADAS) [1][2]. Group 1: Guiding Cases Overview - The 48th batch of guiding cases includes regulations related to driving under the influence while using intelligent driving features [2]. - Case 271, known as the Wang Mouqun dangerous driving case, clarifies that activating an ADAS does not absolve the driver of their responsibility to ensure safe driving [2][5]. Group 2: Case Details - In the Wang Mouqun case, the defendant drove under the influence and activated the vehicle's ADAS while using an illegal device to evade monitoring, resulting in a dangerous situation where he was not actively supervising the vehicle [5][6]. - The court found that the defendant was aware of the risks associated with using the ADAS after consuming alcohol and had previously studied the safety protocols related to the system [6]. Group 3: Legal Implications - The ruling emphasizes that drivers remain the primary operators of their vehicles even when using ADAS, and they must be prepared to take control at any moment [2][6]. - The case serves as a precedent for future legal interpretations regarding the use of ADAS and the responsibilities of drivers in similar situations [2][5].
醉酒后自己睡觉,让辅助驾驶“自动”开车,司机构成危险驾驶罪
财联社· 2026-02-13 03:10
Core Viewpoint - The Supreme People's Court has issued its first set of guiding cases on criminal liability related to road traffic safety, emphasizing that the driver remains responsible for ensuring safety even when using advanced driver-assistance systems [1] Summary by Sections Basic Case Facts - The defendant, Wang Mouqun, drove under the influence of alcohol and activated the car's driver-assistance system while sitting in the passenger seat, leading to his arrest for drunk driving [2][4] Court Ruling - The Hangzhou Linping District People's Court sentenced Wang Mouqun to one month and fifteen days of detention and a fine of 4,000 yuan for dangerous driving [5] Rationale for Judgment - The court determined that Wang Mouqun's actions constituted dangerous driving, as he was still responsible for the vehicle's operation despite using an assistance system [6][8] - The court referenced national standards categorizing driving automation levels, clarifying that level 2 systems require driver supervision and cannot replace the driver [7] - Wang Mouqun's blood alcohol content was measured at 114.5 mg/100 ml, qualifying as drunk driving under Chinese law, and his prior offense influenced the severity of the ruling [9]
两部门征求意见:辅助驾驶不能当自动驾驶
中国基金报· 2025-08-14 01:35
Core Viewpoint - The article discusses the draft notification from the State Administration for Market Regulation and the Ministry of Industry and Information Technology regarding the management and supervision of intelligent connected new energy vehicles, emphasizing safety measures and consumer protection [2]. Group 1: Safety Measures and Consumer Protection - Companies must display safety prompts and usage instructions for combined driving assistance systems prominently in vehicle apps and user manuals to prevent drivers from misinterpreting these features as autonomous driving capabilities [3]. - Companies are required to develop and implement driver monitoring, warning, and intervention functions to ensure driver engagement, including measures like voice alerts and steering wheel vibrations when the driver is distracted or unresponsive [3]. - Companies must enhance defect information monitoring for intelligent connected new energy vehicles to mitigate risks from cyberattacks and vulnerabilities, with the market regulator conducting defect investigations as necessary [3][4]. Group 2: Compliance and Reporting Requirements - Companies must accurately report key information regarding combined driving assistance systems and energy storage devices in the vehicle qualification certificate system and adhere to classified management requirements for over-the-air (OTA) software upgrades [4]. - Companies are prohibited from misleading consumers about the capabilities of their driving assistance systems and must provide truthful and comprehensive information regarding automation levels and system boundaries [5]. - Companies are required to report safety incidents and collisions involving combined driving assistance systems promptly, with regulatory bodies conducting thorough investigations and audits of incident reporting [6].
驾驶辅助不是自动驾驶,两部门为智驾宣传划边界
Bei Jing Shang Bao· 2025-08-13 14:09
Core Viewpoint - The release of the draft notice by the National Market Supervision Administration aims to enhance the regulation of smart connected new energy vehicles, ensuring that consumers correctly understand and operate these vehicles without being misled into thinking that driver assistance systems equate to fully autonomous driving [1][6]. Group 1: Regulatory Requirements - Companies must ensure that consumers can accurately understand and operate smart connected new energy vehicles, avoiding any implication that driver assistance systems are equivalent to autonomous driving systems [1][5]. - The draft notice mandates that companies display safety warnings and usage instructions for driver assistance systems prominently in vehicle apps and user manuals to prevent misunderstandings [3][4]. - Companies are required to develop and implement driver monitoring and warning systems that can take control measures when the driver is not actively engaged, such as issuing voice alerts or disabling assistance features [4][6]. Group 2: Advertising and Marketing Guidelines - The draft notice emphasizes that companies must provide truthful and comprehensive information regarding the automation levels and capabilities of their smart connected new energy vehicles, avoiding any misleading or exaggerated claims [5][6]. - Companies are prohibited from suggesting that their driver assistance systems can perform functions that they do not actually possess, thereby preventing misuse by consumers [5][6]. - The marketing of vehicles must clearly indicate that the current technology primarily supports Level 2 automation, rather than fully autonomous driving capabilities [6][7]. Group 3: Industry Context and Trends - The release of the draft notice comes in response to the rapid increase in new energy vehicle sales, which surpassed 10 million units last year, leading to intensified competition in the smart driving sector [6][7]. - The automotive industry has seen a significant rise in OTA (Over-The-Air) updates, with 463 functions updated in June alone, highlighting the need for stringent management of software updates to ensure safety and compliance [4][6]. - Experts suggest that the industry must adopt a more cautious approach to marketing smart driving technologies, focusing on accurate representations to foster healthy and orderly development [7].