Tesla’s Road to EU Approval for Full Self-Driving: Regulatory Steps Explained
By Toby Sterling and Philip Blenkinsop
Understanding the EU Approval Process for Tesla’s Full Self-Driving Technology
AMSTERDAM/BRUSSELS, May 5 (Reuters) - European vehicle regulators meet in Brussels on Tuesday when the Dutch road authority RDW will make the case for Tesla's supervised Full Self-Driving (FSD) technology being approved across the European Union.
The meeting is an important step for Tesla in its quest to have FSD approved in the EU, but there are no guarantees the company will succeed or, if it does, when. Here are key facts about the process.
What is FSD Supervised?
Tesla's "FSD (Supervised)" software, despite the name, is a driver-assistance system, not for an autonomous or self-driving car. That said, vehicles using the technology can steer, turn and accelerate by themselves - but only under the supervision of a human driver with eyes on the road and hands at the ready.
Tesla’s Strategy for EU Approval
Rather than following the normal path for motor vehicle "type-approval" in Europe, Tesla is seeking an exemption for FSD to be approved as a new technology that existing rules do not properly cover. That is possible under Article 39 of Europe's motor vehicle approval law.
That allows a single nation to issue a provisional approval valid on its own territory, while seeking authorization from the EU Commission and other authorities for broader EU acceptance. Tesla selected the Dutch authority RDW, which has handled Tesla's regular EU vehicle type approvals, to help.
Progress So Far
Provisional Approval and Notification
After 18 months of trials on test tracks and public roads, the RDW issued a provisional approval on April 10, meaning FSD (Supervised) can be used on all Dutch roads. It notified the European Commission of its decision and intention to propose the technology for broader European use.
Confidentiality and Safety Considerations
The RDW does not plan to publish testing details, citing rules that prevent it from publishing commercially sensitive information. Emails between RDW and Tesla, obtained through a public records request, show Tesla has sought to prevent what it called confidential business information from being released.
The RDW says the system, if used correctly, can improve road safety. For now, other EU countries have the option to use the Dutch approval to approve the technology provisionally. Tesla has lobbied several to do so. To date, none have.
Key Brussels Meeting
Technical Committee on Motor Vehicles (TCMV)
On Tuesday, the Technical Committee on Motor Vehicles (TCMV) is scheduled to discuss the Dutch approval and hear a presentation from RDW. No vote is expected. The committee is chaired by the European Commission and attended by representatives of EU member states. Its meetings are not public. Member state representatives can ask questions about the Dutch assessment and the basis for approval.
Next Steps in the Approval Process
Information Sharing and Timeline
Following the meeting, the RDW is expected to share more information about its approval process with fellow agencies around Europe, through a non-public information exchange system. The TCMV meets once every several months, meaning the earliest time for a vote would likely be July, though after the summer may be more realistic, with a provisional meeting set for October. Until the vote is held, countries may begin testing FSD themselves or provisionally approve it on a nation-by-nation basis.
The Vote and Its Implications
Qualified Majority Requirement
When a vote is held, approval of the RDW proposal requires a "qualified majority" of 15 of the EU's 27 member states representing 65% of the bloc's population. If approved, the tech would be usable throughout the EU, though one or more states opposed could still mount a legal challenge.
Potential Outcomes
If the proposal is rejected, FSD could still be used provisionally by individual member states, but this may not happen because of the difficulties of having different rules apply in the EU's single open market.
Following an approval, the European Commission would begin the process of changing motor vehicle law to account for the new technology as part of its usual motor vehicle rules.
Reporting Credits
(Reporting by Toby Sterling in Amsterdam and Philip Blenkinsop in Brussels; Editing by Mike Colias and Matthew Lewis)
