Abstract For high-level automated vehicles, the human being acts as the passenger instead of the driver and does not need to operate vehicles, it makes the brain–computer interface system of high-level automated vehicles depend on the brain state of passengers rather than that of drivers. Particularly when confronting challenging driving situations, how to implement the mental states of passengers into safe driving is a vital choice in the future. Quantifying the cognition of the driving risk of the passenger is a basic step in achieving this goal. In this paper, the passengers’ mental activities in low-risk episode and high-risk episode were compared, the influences on passengers’ mental activities caused by driving scenario risk was first explored via fNIRS. The results showed that the mental activities of passengers caused by driving scenario risk in the Brodmann area 10 are very active, which was verified by examining the real-driving data collected in corresponding challenging experiments, and there is a positive correlation between the cerebral oxygen and the driving risk field. This initial finding provides a possible solution to design a human-centred intelligent system to promise safe driving for high-level automated vehicles using passengers’ driving risk cognition.