This newsletter provides an overview of the “2024 Report on the Expansion of Automated Driving” (the “Report”),¹ published by the National Police Agency (the “NPA”) in March 2025.

In recent years, Japan has advanced the legal framework for automated driving, notably with the enforcement of the revised Road Traffic Act (the “RTA”) in April 2023, which enables unmanned automated mobility services (level 4 automated driving systems, or “level 4 ADS”) on public roads. The Report incorporates the findings of the report of the "Sub-working Group on Social Rules for Automated Vehicles in the AI Era" (31 May, 2024),² which emphasized the necessity of clarifying the application and interpretation of the RTA for automated vehicles (the “AVs”), and to examine how AVs can comply with existing traffic rules.

In particular, the Report addresses the practical challenges and solutions for the further deployment of AVs, such as robot taxis in Tokyo, focusing on the identification of potential issues, corresponding countermeasures, and the need for clear operational guidelines or other systems.

By gathering inputs from AV developers and other related parties, the Report aims to clarify the specific traffic scenarios, such as emergency cases, that may present challenges for AV operation, and to outline the necessary measures for ensuring the safe operation and smooth integration of level 4 ADS into urban environments.

The findings serve as a foundation for further discussions on the development of social traffic rules and regulatory standards to support the broader adoption of automated driving in Japan.

1.    Identification of Traffic Scenarios:

The Japan Automobile Manufacturers Association (the “JAMA”) provided examples of traffic scenarios that may pose challenges for AVs, and AV developers were consulted regarding the current capabilities of automated driving technology.

2.    Analysis of Appropriate Driving Methods based on RTA:

The Report analyzes the appropriate driving methods for AVs in the following scenarios, taking into account the behavior of other road users and the requirements of the RTA. 

The results of 1. and 2. above are shown in the table below:
 

(Source) the Report, p.3

3.　Necessary Measures for AVｓ Compliance:

The Report considers measures required for AVs to comply with traffic rules, including:
 

• Clarification of the interpretation and application of traffic rules for AVs’ development
• Improvement of traffic regulations and road infrastructure to facilitate AV operation
• Provision of information from infrastructure to AVs
• Review of traffic rules, where appropriate, to ensure overall road safety and smooth traffic flow

1.　United States (NHTSA):

According to representatives of the National Highway Traffic Safety Administration (the “NHTSA”), the safety standards for AVs are evaluated based on their ability to perform at the level of a "competent and careful human driver" (the “CCD”). Two key points have been emphasized regarding the CCD safety standards:

①　Defensive and conservative in the interpretation of traffic rules
②　Having sufficient capabilities for crash avoidance that could withstand post-incident investigations

2.　Concerns Regarding On-Site Incident Response

Currently, there is no specific obligation to report incidents (such as vehicles becoming stuck on public roads) that do not constitute traffic accidents. However, local police and fire departments have expressed concerns regarding the following incidents: 
 

• Coordination with Remote Operators:
  In certain cases such as vehicle immobilization (being stuck), there have been challenges in establishing effective communication and coordination with remote operators (those responsible for remote monitoring and control of AVs).
• Insufficient Information Disclosure:
  Some operators have been reluctant or slow to provide necessary information to authorities, which action has, at times, hindered the investigative activities of local law enforcement and emergency services.
   

3.　Social Acceptance

Relevant administrative agencies have noted that, while there were significant criticisms against and frequent interferences with AVs at the initial stage of their deployment, such incidents have decreased over time. As the public has become more familiar with AVs, social acceptance has improved and disruptive behaviors have diminished.

4.　Perspective of Automated Driving Developers

Developers of automated driving systems have indicated that they have not requested authorities for changes to existing traffic rules. Instead, their approach has been to program AVs to comply with road traffic laws in the same manner as human drivers. However, developers have acknowledged that there are exceptional situations—such as the need to cross a center line to avoid an accident—where strict adherence to traffic rules may not be possible for safety reasons. In such emergency scenarios, AVs may be programmed to prioritize crash avoidance over strict rule compliance.

1.　Uniform Application of Traffic Rules:

Traffic rules must apply equally to all road users, including AVs. Setting rules that impose additional burdens on existing road users for the sake of AV development is unlikely to gain societal acceptance. No country, including the US, has changed traffic rules specifically for AV deployment.

2.　Safety Standards:

AVs should be developed to meet internationally recognized safety standards, specifically:
 

• Compliance with traffic rules 
• Safety equivalent to or greater than a CCD

Additionally, at the session of the World Forum for Harmonization of Vehicle Regulations of WP.29 (June 2024), a United Nations document concerning safety performance requirements and assessment methods for automated driving systems was adopted. This document stipulates two key safety requirements for specified automated operation devices: (1) compliance with traffic rules, and (2) achievement of a level of safety equivalent to, or higher than, that of a CCD. Based on this document, discussions are currently underway toward the development of legally binding United Nations regulations that would establish enforceable international standards for AVs.

In the United Kingdom, the recently enacted Automated Vehicles Act 2024 similarly requires that the safety standards for the operation of AVs must ensure that “automated vehicles will achieve a level of safety equivalent to, or higher than, that of careful and competent human drivers”.

1.　CCD Safety Standards

To advance the social implementation of AVs, it is necessary to clarify the interpretation and application of traffic rules. The Report recommends establishing a framework for ongoing communication, regarding specific behaviors and CCD safety standards, between public authorities and industry stakeholders.

2.　Information Sharing for Investigations

US experiences highlight the need for AV operators to provide sufficient and necessary information to law enforcement officers in the event of accidents or incidents to investigate the cause and prevent recurrence. Based on those US experiences, the Report stresses the importance of smooth information sharing when AVs exhibit any abnormal driving behavior, particularly for the report on and inspection of the operation for the “Specified Automated Operation Permit System” and for police investigations.

3.　Coordination if a Vehicle Gets Stuck on Public Roads

The Report also notes the importance of discussing standardized guidelines for preparation in advance, and for procedures for cooperation between AV operators and law enforcement, in emergency situations such as when an AV becomes stuck on a public road and must be moved to an appropriate location.

The NPA is expected to continue developing a legal and regulatory framework for level 4 automated driving, taking into account the findings and recommendations of this Report. Mori Hamada will continue to monitor these developments and provide updates and legal analysis.