New UN Regulation on ADS and its Effects on Japanese Law

The United Nations Economic Commission for Europe ("UNECE"), through the World Forum for Harmonization of Vehicle Regulations ("WP.29") and the Working Party on Automated/Autonomous and Connected Vehicles ("GRVA"), has been discussing international standards for Automated Driving Systems ("ADS") (UNECE WP.29/GRVA, Working Party on Automated/Autonomous and Connected Vehicles (24th session), 19 - 23 January 2026). A draft of new United Nations Regulations, which is a proposal for new United Nations Regulation on uniform provisions concerning the approval of motor vehicles with regard to their Automated Driving Systems (WP.29-198-09) (the "New Regulation"), was submitted to WP.29 for review at its 198th session. The New Regulation is expected to be adopted in June 2026.

The New Regulation establishes uniform provisions and a harmonized methodology for validating ADS safety in order to enable the safe introduction of Automated Driving technology in the market. Through this New Regulation, it requires an ADS to deliver “a level of safety in mixed traffic at least equivalent to that of a competent and careful human driver.”

The New Regulation introduces the concepts of Safety Management Systems (“SMS”) across the lifecycle of ADS, demonstrations of safety through safety case, and in-service monitoring and reporting (“ISMR”). While SMS and safety cases are well established methods in sectors such as the aerospace and nuclear industries, the introduction of these concepts into a vehicle safety regulation is one of the notable features of this New Regulation.

The New Regulation includes requirements for ADS performance of the Dynamic Driving Task ("DDT") and interactions between the ADS and its users such as the provision of information on the operational status of the ADS and the operational design domain (“ODD”). The New Regulation contains provisions relevant to the safety of data storage systems, cybersecurity, and software update management. Furthermore, the New Regulation also sets out requirements concerning SMS and safety cases for an ADS and ISMR, as below.

Safety Management Systems (SMS)
Manufacturers are required to implement and maintain an SMS and retain necessary documents. The SMS includes safety policies, safety guidance and ISO compliance, risk management processes for human and technical risks, and internal and external audits. Accordingly, the approving authority of the government will assess whether the manufacturer has established an SMS that meets those requirements and adequately manages risks related to ADS safety.

Safety case for an ADS
A manufacturer must provide a system description that explains, among other things, the intended use of the ADS, the operational characteristics, and the definition of the ODD. The manufacturer must also present a safety concept that describes how the ADS detects, recognizes and responds to hazards, including measures to address foreseeable user misuse and sudden exits from the ODD. The safety case should contain claims regarding ADS safety, the arguments supporting those claims, and the evidence relied upon. The approving authority will evaluate matters such as the completeness, robustness and logical consistency of the safety case.

In-Service Monitoring and Reporting (ISMR)
Manufacturers must manage safety after the ADS is placed in service through an ISMR and other necessary actions. Through ISMR, manufacturers monitor the ADS operation, confirm consistency with the safety case, identify risks to be addressed within the SMS framework, and report relevant occurrences to the authorities. The relevant approving authority will assess whether the ISMR is being appropriately implemented.

Manufacturers are also required to report on the safety performance of the ADS in service. If a manufacturer becomes aware of a critical occurrence, it must provide an initial notification without unreasonable delay. If the manufacturer becomes aware of significant and critical occurrences, it must provide a short-term report within a specified period. In addition, manufacturers must submit periodic reports at least annually so that the safety performance of the ADS in service can be verified. The approving authority will use the foregoing information to analyze and evaluate the consistency of ADS performance with the SMS and the safety case.

The New Regulation is notable in that it seeks to assure ADS safety not only through individual performance requirements, but also through SMS, a safety case, and an ISMR. Automobile manufacturers will need to incorporate these governance structures and processes into the product development, manufacturing, and post-market operations. In general, automobile safety standards are subject to international harmonization and mutual recognition. If the New Regulation is adopted by WP.29, Japan may consider reflecting it in its domestic laws and regulations, including the Safety Standards for Road Transport Vehicles. Further rulemakings and policy developments within the Japanese government should, therefore, be closely monitored.