📋 Tender Overview
The decision of the Dutch approval authority RDW which concerns the FSD Supervised system for Tesla vehicles has caused increased interest especially among their owners who have already purchased this function and expect it to be made available in the Czech Republic as well.
The Ministry of Transport considers it important to openly explain what process follows this decision what scope the member states have for proceeding and why it is neither an automatic takeover nor an unnecessary delay.
Its not about autonomous driving - but thats not the main question
It is generally known that the FSD Supervised system:
not autonomous driving
is legally considered an advanced assistance system (SAE level 2)
and the driver remains fully responsible for driving the vehicle.
That in itself is not a matter of dispute or doubt. The main question is what is the correct state procedure after another EU member state grants a so-called provisional type approval.
What provisional approval means under EU law
RDW proceeded within the framework of Regulation (EU) 2018/858 on vehicle type approval which allows:
grant provisional approval of a new or extended technical function
if there is not yet a fully harmonized technical regulation for it
and simultaneously notify the European Commission and other member states.
This procedure is intended precisely for rapidly developing technologies especially in the field of software.
Importantly this is a national provisional approval with effects limited to a given member state but which is expressly provided for by EU law and subject to European notification and allows other member states to subsequently join this approval.
What happens after notification to other states
After notification of provisional approval:
the other member states have the opportunity to familiarize themselves with the decision
they can request technical documentation
and assess whether:
is the function transferable to their legal and operational environment
does not contain specifics related to local infrastructure or rules
and whether it has an impact on road safety.
This procedure is not an expression of lack of confidence but of standard responsible administration which has a duty to act with due care.
Does this mean that the Czech Republic should automatically take over the decision of the RDW?
The EU legal framework does not impose an obligation of automatic takeover without further assessment.
At the same time however it is true that:
RDW is among the most respected approval authorities in the EU
its procedures are transparent and technically detailed
and it is not a technology that would:
changed the drivers responsibility
or fundamentally interfered with road traffic rules.
Why the state still cannot proceed completely without more
At the same time the Ministry of Transport must verify in particular that:
approved feature:
does not contain operating conditions specific only to the Netherlands
is in accordance with Czech road traffic rules
and that its use:
cannot lead to a misunderstanding of the drivers role
or to weaken legal certainty when dealing with traffic accidents.
It is therefore not about questioning the technology but about protecting the legal framework in which drivers and public authorities operate.
What does this mean for vehicle owners in the Czech Republic?
The decision of the RDW is not a ban or an obstacle at the same time it does not create an automatic right to immediately make the function available in the Czech Republic.
It is an ongoing European process that aims to:
enable technological progress
and at the same time maintain safety and legal certainty.
The Ministry of Transport monitors this development in close connection with European partners and approaches it matter-of-factly not restrictively.
In conclusion
Advanced assistance systems are an important part of the future of transport.
However their introduction must take place in accordance with European law without unnecessary administrative barriers but also without resigning to the responsible state administration. The goal of the Ministry of Transport is not to hinder technology but to ensure that their use is safe understandable and legally unambiguous for all road users.
