Five departments, including the State Administration of Market Regulation: Trial implementation of the automotive safety sandbox supervision system

A few days ago, the State Administration of Market Regulation, the Ministry of Industry and Information Technology, the Ministry of Transport, the Ministry of Emergency Response, and the General Administration of Customs jointly issued the Notice on the Trial Implementation of the Auto Safety Sandbox Supervision System to jointly launch the pilot work of automotive safety sandbox supervision.

At present, the mainland new energy automobile industry has entered the fast lane of development, and the integration of electrification, intelligence, networking and sharing has injected new momentum into economic growth while also deriving new security issues such as software security, network security, and industrial supply chain security. New risks and quality uncertainties have created enormous challenges for automotive safety regulation.

Sandbox supervision as a useful supplement to the traditional supervision method, is a flexible regulatory system for technological innovation, in fact, to provide enterprises with a test platform and test cycle, on the basis of not violating the principle of access standards and regulatory bottom line, encourage enterprises to fully grasp the product risks, voluntarily carry out further testing, to maximize the prevention of product application risks. At the same time, it improves the real-time and flexibility of regulatory response to risks, prevents the inhibition of scientific and technological innovation by over-supervision, better balances technological innovation and safety risks, and actively advocates best safety practices, providing new regulatory ideas for promoting the prosperity, health, safe and orderly development of the mainland automobile industry. The system originated in the United Kingdom, and more than 20 countries and regions such as the United States, Germany, and Japan are actively promoting the implementation of finance, automobiles, energy and other fields.

The introduction of sandbox supervision in the field of automotive safety in the mainland encourages enterprises to conduct in-depth safety tests on cutting-edge technologies that have been applied to listed vehicles within a certain time frame, and to a certain extent, to fill the regulatory gap caused by lagging standards, which is conducive to the regulatory authorities to incorporate the quality and safety issues caused by cutting-edge technologies into the scope of supervision earlier and better protect the bottom line of product safety. Enterprises participating in the pilot should take the initiative to fulfill their quality and safety responsibilities and accept the management supervision, tracking and evaluation and quality services of the regulatory authorities. The two sides work together to find product safety issues, improve product design and manufacturing, and reduce product safety risks.

Attached: The full text of the circular on the trial implementation of the automotive safety sandbox supervision system

At present, the electrification, intelligence, networking and sharing of the automobile industry are accelerating the integration and development, and the traditional safety issues are superimposed with new safety issues, and the automobile safety situation is complex and changeable. In order to better protect the personal property of consumers and social public safety, improve the safety supervision methods of new technologies, new formats and new models of automobiles, according to the Regulations on the Administration of Recall of Defective Automobile Products, it is proposed to pilot the sandbox supervision system in the field of automobile safety, and is hereby notified as follows:

First, the purpose of the meaning

Automotive safety sandbox regulation is a mechanism for in-depth safety testing of cutting-edge technologies in vehicle applications in the aftermarket phase, with the main purpose of guiding companies to identify problems, improve designs, and reduce risks. As a useful supplement to the traditional supervision method, the automotive safety sandbox supervision changes from passive supervision to active supervision, which is conducive to including the quality and safety problems caused by cutting-edge technologies into the scope of supervision earlier, improving emergency response capabilities, preventing and resolving major risks, protecting the legitimate rights and interests of consumers, and at the same time helping to encourage technological innovation of enterprises and advocate the best safety design practices.

2. Scope objects

Automotive safety sandbox supervision adheres to the bottom line of product safety, adopts the catalog list system, and carries out trial implementation in some models and some regions to ensure that the system is moderate, safe and controllable. The object of sandbox supervision is the use of cutting-edge technologies such as environmental perception, intelligent decision-making, and collaborative control in vehicles, or the realization of new functions and new models such as autonomous driving at all levels and remote upgrades. The vehicles involved must pass the market access conditions such as the "Announcement of Road Motor Vehicle Manufacturers and Products", obtain a compulsory certification certificate, and the commercial motor vehicles shall comply with the relevant standards for operational safety.

Apply for access to the cutting-edge technology or new features of sandbox regulation, and it is difficult to foresee its potential risks with existing scientific understanding. Enterprises applying for sandbox supervision, including related vehicles, parts, Internet technology, data services, network operations, software and system supply, etc., need to actively perform the main responsibility of quality and safety, and work with the regulatory authorities to study and assess unknown risks, and have the necessary testing and emergency disposal resources.

Third, the work process

Enterprises applying for cutting-edge technologies or new features and new models to enter the sandbox supervision need to go through five stages: application, evaluation, testing, reporting, and withdrawal.

(1) Application: The enterprise voluntarily submits a written application to the State Administration for Market Regulation to enter the sandbox supervision, the content of the application includes the basic overview of the test vehicle, the scope of application, the technical parameters, the innovative description, the self-assessment of quality and safety risks, the explanation of the necessity of entering the sandbox supervision, etc.

(2) Assessment: For enterprise applications, the State Administration for Market Regulation organizes an initial assessment. After the evaluation is passed, for the application of cutting-edge technology or new features and new models, the enterprise needs to formulate an in-depth vehicle test plan within 2 months, including test cycle, test items, key monitoring indicators, consumer safety assurance plan, quality and safety risk prevention and control and emergency disposal measures, test implementation supervision and test exit strategy.

(3) Testing: The enterprise carries out testing in accordance with the vehicle depth test plan, saves the test records, and the test cycle generally does not exceed 24 months. In the case of sufficient reasons, enterprises can apply to modify the test parameters and adjust the test cycle according to the actual test situation. The State Administration of Market Supervision organizes the evaluation of vehicle in-depth test programs, tracks the test situation, puts forward product design and manufacturing improvement suggestions, and timely guides and helps enterprises find quality and safety problems. If the supervision finds that the in-depth test of the vehicle cannot meet the expected requirements, immediately notify the enterprise to terminate the test; increase the quality inspection and law enforcement of the relevant industries that may involve the quality problems of the auto parts industry; for those that may involve product standards, improve the standardized information feedback mechanism, and promote the revision of the standard; for those that may involve common quality and safety issues, strengthen technical research and judgment, and issue quality and safety risk warnings in a timely manner.

(4) Report: In the middle and final stages of the test, the enterprise submits to the State Administration for Market Regulation an assessment report on the effectiveness of vehicle quality and safety risk prevention measures, as well as necessary test records and newly discovered safety risk improvement measures. During the test period, after the enterprise learns of the collision, fire, remote control, assisted driving failure and other accidents in the Chinese market with the same type and batch of vehicles tested, it shall carry out investigation and analysis in accordance with the regulations on the administration of the recall of defective automobile products and other provisions, and report the results of the investigation to the State Administration for Market Supervision within 48 hours.

(5) Exit: The enterprise completes the vehicle depth test, reaches the expected goal, and automatically withdraws from the sandbox supervision. During the sandbox supervision period, if an enterprise submits an application for withdrawal, it is required to submit a statement of the situation.

Fourth, inclusive and prudential supervision

The State Administration for Market Regulation has built a cloud platform for automotive quality and safety supervision services, and adopted diversified management such as enterprise self-discipline, information disclosure, public supervision, administrative guidance, and quality services for cutting-edge technologies or new functions and new models that enter the sandbox supervision, clarifying the main responsibilities of enterprise safety and protecting the legitimate rights and interests of consumers. During the sandbox supervision period, if an enterprise violates the current laws and regulations, it is not exempted from relevant liabilities.

5. Organizational safeguards

The State Administration for Market Regulation, together with the departments of industry and informatization, transportation, emergency response, customs and other departments, strengthens the sharing of information such as vehicle in-depth testing and evaluation, accident and investigation reports; sets up expert committees to formulate sandbox supervision implementation guidelines and supporting measures; organizes a number of technical institutions with capabilities and qualifications that meet the requirements to undertake technical assessment and quality service work related to sandbox supervision to ensure the smooth implementation of the sandbox supervision system.