I. System Control: From "Assisted Operation" to "Dominant Driving"
1. Level 2: The pilot remains the "helmsman".
At Level 2 assisted driving, the driver retains full control, with the system assisting only in specific scenarios. Adaptive Cruise Control (ACC) automatically adjusts the vehicle's speed based on the vehicle in front, enabling automatic following and reducing driver fatigue in the right foot during long drives; Lane Centering Control (LCC) keeps the vehicle steadily centered in the lane, reducing safety hazards caused by lane departure; and Automatic Parking Assist (APA) is a boon for novice drivers, automatically planning parking routes and easily parking the car in a space.
While these features seem powerful, drivers must not be complacent. The system allows drivers to briefly take their hands off the steering wheel, but usually for no more than 15 seconds, and drivers must maintain a high level of awareness of the road conditions at all times. For example, when adaptive cruise control and lane centering are activated at high speeds, the vehicle can automatically maintain the set speed and distance. However, if a sudden obstacle such as a stationary vehicle appears ahead, the system often struggles to react quickly and accurately. In such cases, the driver needs to react swiftly, take emergency control of the vehicle, and take actions such as braking or swerving to avoid a collision. Systems like Tesla Autopilot and XPeng XPILOT are typical Level 2 driver assistance systems, and automakers have repeatedly emphasized that drivers must keep their hands on the wheel and eyes on the road while using them, always prepared to respond to unexpected situations.
2. Level 3: The system becomes a "temporary driver"
At Level 3, the driving scenario undergoes a qualitative change. In specific situations, the system transforms into a "temporary driver," taking full control of dynamic driving tasks such as acceleration, braking, and steering. On highways or closed roads with good road conditions and clear signage, drivers can relax to some extent, without constantly staring at the road ahead, and can even take a moment to check the navigation or reply to a few messages.
However, this doesn't mean the driver can remain completely uninvolved. When the system detects complex situations that are difficult to handle, such as severe weather conditions like heavy rain or snow that severely obstruct visibility, or special scenarios like road construction or traffic control, it will issue a takeover request about 10 seconds in advance. At this time, the driver must respond quickly, regain control of the vehicle, and ensure driving safety. Taking Mercedes-Benz DRIVE PILOT and Huawei ADS 3.0's high-speed NOA (Navigate on Autopilot) function as examples, they can autonomously complete complex operations such as lane changing, overtaking, and entering and exiting ramps without real-time driver intervention, greatly improving driving convenience and comfort. However, the driver remains a crucial line of defense for safe driving and must always be ready to respond.
II. Attribution of Responsibility: A Legal Breakthrough from "Full User Responsibility" to "System Responsibility"
Level 2: The driver bears full responsibility for the accident.
According to the national standard "Classification of Driving Automation for Automobiles," Level 2 driver assistance systems are essentially just tools to help drivers reduce their workload. Regardless of whether the system is activated, the driver remains primarily responsible for ensuring the safe operation of the vehicle and is accountable for all aspects of the vehicle's operation. The NIO ES8 accident in 2021 is a typical example. The driver over-relyed on the Level 2 driver assistance function, failed to pay attention to road conditions, and was unable to take over in time when the vehicle encountered danger, ultimately leading to a serious accident. After investigation, the driver was found fully responsible. This incident serves as a wake-up call for all car owners: Level 2 driver assistance is by no means "autonomous driving," and drivers must not let their guard down and completely entrust their safety to the system.
2. Level 3: Automakers need to share responsibility in specific scenarios.
With the development and application of Level 3 (L3) assisted driving technology, the issue of liability has also undergone new changes. In 2023, Beijing piloted new regulations, explicitly stipulating that if a traffic accident is caused by a system-specific problem such as sensor recognition errors or algorithm defects while the L3 system is activated, the automaker will bear partial liability for compensation. This regulation is significant, marking a crucial step for L3 assisted driving systems from being merely "assistive tools" to becoming "responsible entities," representing a qualitative shift in their legal status. However, this regulation currently only applies to specific scenarios such as closed roads. In practical applications, liability determination still requires a comprehensive assessment of multiple factors, and regulations may differ across regions. Regardless, this breakthrough provides a clearer legal basis for the development and application of autonomous driving technology, and also prompts automakers to pay more attention to technological research and development and system safety, thus protecting consumer rights.
