Tesla’s autonomous driving technology, dubbed Full Self-Driving (FSD), has taken a significant step forward by overcoming the largest legal barrier to entry into the European market. The company has secured a concrete timeline from the Dutch national vehicle authority, the RDW, committing to receiving national approval for FSD in February 2026. This development marks a concrete outcome after years of uncertainty and stringent regulatory scrutiny.
FSD Coming to Europe
While FSD has been rapidly developing in North America, its progress has been slow due to strict regulations in Europe. Tesla initially attempted to simultaneously roll out the system throughout the European Union, but it became clear that existing regulations did not allow for this.
Therefore, the company has shifted its strategy to utilize the exemption mechanism in EU legislation. National approval from the Netherlands will trigger this mechanism, establishing a critical partnership that will automatically grant recognition to other member states.
Tesla has undertaken extensive efforts to bring FSD to Europe. The company has conducted over 1 million kilometers of in-house testing in 17 countries and submitted safety data to regulatory authorities. However, Tesla’s neural network-based driving approach is incompatible with Europe’s rule-based systems.
In particular, the UN R-171 Driver Control Assistance Systems regulation contains provisions that technically prohibit the most capable version of FSD. Tesla argues that some existing regulations are outdated and that bringing FSD fully compliant with them would make the system unsafe.
To overcome this legal impasse, Tesla is applying for an exemption under Article 39 of EU legislation. This article allows for special permissions for behaviors not yet regulated or defined by existing regulations.
The company is specifically requesting this exemption for advanced functions such as off-highway L2 autonomous driving and lane changes initiated by the system even when the driver’s hands are not on the steering wheel.
Thus, Tesla aims to demonstrate that it meets the “intention” of the legislation and overcome the obstacles created by current but outdated regulations. The RDW’s decision on national approval and derogation in February 2026 will be the critical threshold that will pave the way for the spread of FSD across Europe.
