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Government clarifies liability, insurance rules for autonomous vehicles
opengovasia.com, 9 Oct '26Headlines 9 Oct 2026
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Hong Kong has outlined its regulatory approach to autonomous vehicles (AVs) and advanced driver assistance systems (ADAS) as it expands pilot schemes and prepares for wider commercial deployment.
In a written reply to the Legislative Council on October 7th, 2026, Secretary for Transport and Logistics Ms Mable Chan detailed the Government's approach to legal liability, insurance, road safety enforcement and public education. The response forms part of Hong Kong's digital transport strategy.
According to the official Legislative Council reply, existing road traffic legislation applies to AVs and their operators, while additional requirements are set out under the Road Traffic (Autonomous Vehicles) Regulation.
Existing road traffic laws apply to autonomous vehicles
The Government stated that AVs are regulated under the Road Traffic Ordinance and its subsidiary legislation in the same way as conventional vehicles. Vehicle registration, licensing obligations and legal liabilities for vehicle owners and operators remain applicable, regardless of the level of automation.
The legal definition of a 'driver' also extends to backup operators overseeing AVs. These individuals may be located inside the vehicle, nearby or in a remote-control facility. They may therefore bear legal responsibility in the event of an accident or traffic offence.
The Transport Department requires operators holding AV pilot licences to ensure that their vehicles remain roadworthy and that their autonomous driving systems function correctly. Operators must also maintain insurance coverage, preserve operational data and report incidents involving trial vehicles.
Liability in accidents involving AVs will depend on the cause of the incident and the available evidence. Depending on the circumstances, responsibility may rest with operators, vehicle owners or suppliers. Journey recorders installed in AVs can provide operational data to support investigations.
Concerns over unapproved driver assistance systems
The Legislative Council question also raised concerns that drivers participating in the Southbound Travel for Guangdong Vehicles scheme might activate unapproved ADAS functions on Hong Kong roads.
The Government stated that all vehicles entering Hong Kong under the scheme must pass inspections at designated mainland vehicle examination centres approved by the Transport Department. Applicants are informed through notices, email reminders and in-person briefings that unapproved ADAS functions must not be used in Hong Kong.
The Hong Kong Police Force monitors traffic safety through patrols, intelligence gathering and the investigation of complaints. Drivers who improperly rely on unapproved driver assistance systems may face charges for offences such as careless or dangerous driving. Penalties may include fines, licence suspension or imprisonment.
The Transport Department added that violations involving vehicles participating in the Southbound Travel scheme may be reported to Guangdong authorities. Such violations could result in the suspension or revocation of eligibility to travel under the scheme.
Insurance arrangements as vehicle automation increases
Hong Kong's regulatory framework requires AVs to maintain third-party risk insurance under the Motor Vehicles Insurance (Third Party Risks) Ordinance. The Government stated that discussions with the insurance sector are continuing as AV technology develops towards higher levels of automation, under which vehicles may operate without onboard backup drivers.
If a vehicle causes an accident while using an unauthorised ADAS function, third-party bodily injury or death would generally remain covered under statutory protections, according to officials. Insurers may subsequently seek to recover costs from the insured party if policy exclusions apply. Claims involving property damage would depend on individual policy conditions and the circumstances of the accident.
Public education and driver training
The Government acknowledged concerns that some drivers may misunderstand the capabilities and limitations of ADAS technologies. Officials emphasised that Level 2 driver assistance systems require drivers to remain attentive and be prepared to take control of the vehicle at all times.
The Transport Department, the Hong Kong Police Force and the Road Safety Council conduct public education campaigns through road safety bulletins, social media and updates to the Road Users' Code. Existing written driving tests include content on the correct use of driver assistance systems.
The Transport Department is also considering incorporating relevant skills into induction and refresher courses for driving instructors. These measures form part of Hong Kong's use of AI-enabled transport systems and digital technologies in licensing and traffic management, including initiatives relating to AI-supported transport services.
