Netherlands Self-Driving Car Laws: Tesla FSD and RDW (2026)

The Netherlands has no law that lets a fully self-driving car take to the road on its own. As of September 2026, driverless vehicles may run on Dutch public roads only as permitted experiments, and every car in normal traffic still has a human driver (bestuurder) who is responsible for it. The best-known exception to the "nothing self-driving" picture is not self-driving either: on 10 April 2026 the Netherlands Vehicle Authority (RDW) issued a type approval for Tesla's FSD (Supervised), and RDW says plainly that the driver "remains responsible."

So the practical answer depends on what you mean. Driver-assistance systems like FSD (Supervised) are approved and in use, with the driver fully in charge. Testing of higher automation is allowed under permits, including tests where the driver sits outside the vehicle. A legal framework for genuinely driverless vehicles in everyday traffic is still being written.

Are self-driving cars legal in the Netherlands?

Not as ordinary traffic, as of September 2026. Dutch road traffic law assumes a human driver. In its 15 May 2026 progress letter to parliament, the Ministry of Infrastructure and Water Management (IenW) wrote that "de huidige verkeersregels geschreven [zijn] voor menselijke bestuurders" (the current traffic rules are written for human drivers), so the law "niet meteen een passend kader biedt voor geautomatiseerde voertuigen" (does not immediately offer a suitable framework for automated vehicles).

What the law does allow today falls into three groups:

The government's position is that the "mens blijft dus de bestuurder" (the human therefore remains the driver) whenever a car uses driver-assistance systems. That line, from the same May 2026 letter, is the key to almost every question on this page.

Tesla FSD (Supervised) in the Netherlands

What RDW approved on 10 April 2026

RDW, the Dutch type-approval authority, announced on 10 April 2026 that it had issued a type approval for Tesla's driver assistance system FSD Supervised. Its announcement is titled "Europese typegoedkeuring Tesla met voorlopige geldigheid in Nederland" (European type approval for Tesla with provisional validity in the Netherlands).

RDW's description is careful and worth reading closely. It says "Een voertuig met FSD Supervised is niet zelfrijdend" (a vehicle with FSD Supervised is not self-driving), that it is a "rijhulpsysteem" (driver assistance system), and that "de bestuurder blijft verantwoordelijk en moet altijd controle houden" (the driver remains responsible and must always stay in control).

On hands and attention, RDW's English version says: "Hands therefore do not have to be on the steering wheel, but must be able to take over immediately if necessary." Sensors check that the driver's eyes are on the road. RDW adds that it is "not permitted or possible, for example, to read a newspaper while driving," and that a driver who is consistently inattentive can be locked out of the system temporarily.

RDW did not use the phrase "Level 2" in its announcement. Its vehicle-automation guidance explains that the human driver carries responsibility for all driving tasks at levels 0, 1 and 2, and Estonia's Transport Administration, which later recognised the Dutch approval, describes Tesla FSD as an "SAE teise astme juhiabisüsteem" (SAE Level 2 driver assistance system). For how the levels work, see levels of driving automation.

How RDW says it tested the system

After the Minister of Infrastructure and Water Management explained the approval in the House of Representatives on 16 June 2026, RDW published a follow-up on 17 June 2026. It says RDW tested for more than 3,000 hours on test tracks and public roads, ran more than 1,000 test runs of its own, and used data from 1.8 million kilometres driven in Europe with FSD Supervised.

RDW also says it monitors the system after approval and has "for the time being increased the mandatory reporting frequency from annually to monthly." In its 17 June 2026 statement, RDW said that nearly 40,000 Teslas with FSD Supervised had by then driven about 24 million kilometres in the Netherlands since approval "without any relevant incidents"; the Minister repeated the same figures in the House of Representatives on 9 September 2026. That figure is RDW's own and has not been published as an independent dataset.

RDW also warns that the European version of FSD Supervised "is NOT comparable" to the US version, because European vehicles run different software.

Is the approval valid outside the Netherlands?

RDW's announcement says the approval "is currently valid only in the Netherlands" and that EU-wide use needs three steps: RDW submits the application to the European Commission, all member states vote, and approval "requires a majority of votes within the responsible committee." The announcement links to RDW's explanation of the EU procedure for new technologies that existing rules do not cover, which RDW describes as set out in "artikel 39 van de EU kaderverordening 2018/858" (Article 39 of the EU framework Regulation 2018/858).

Under that procedure, RDW explains, the approving authority "mag ... de typegoedkeuring al afgeven voor het eigen land" (may already issue the type approval for its own country) ahead of the EU vote, and "andere lidstaten mogen deze goedkeuring overnemen of afwachten" (other member states may adopt it or wait for the vote). Several have adopted it. On 21 September 2026, the Czech Ministry of Transport said it had recognised the RDW approval under Article 39 of Regulation 2018/858, joining "Nizozemsku a dalším pěti evropským státům" (the Netherlands and five other European states).

There is no EU-wide approval as of 30 September 2026. Press reports say the EU Technical Committee on Motor Vehicles meeting on 6 October 2026 lists the Dutch request for discussion only, and that a vote is not expected before December 2026. The mechanics, the voting rule and what happens if the EU says no are explained on our EU self-driving car laws page, and the country-by-country status is on where Tesla FSD is legal.

The Dutch government frames the national approval as a first step. Its 15 May 2026 letter says a European procedure is under way through the Netherlands "waarin de ontheffing voor ons land een eerste stap is" (in which the exemption for our country is a first step).

Who is the driver when FSD is switched on?

You are. Nothing in Dutch traffic law transfers the driving task to a Level 2 system, and RDW says the driver remains responsible. That has concrete consequences:

• Phone ban. Article 61a of the Traffic Rules and Signs Regulation 1990 (RVV 1990) says: "Het is degene die een voertuig bestuurt verboden tijdens het rijden een mobiel elektronisch apparaat dat gebruikt kan worden voor communicatie of informatieverwerking vast te houden" (whoever drives a vehicle may not hold a mobile electronic device that can be used for communication or information processing while driving). FSD being on does not change this.
• Dangerous behaviour. Article 5 of the Road Traffic Act bans anyone from behaving in a way that causes or may cause danger on the road or obstructs traffic. It applies to the human driver whatever the car is doing.
• Serious crashes. Article 6 makes it an offence for anyone taking part in traffic to behave so that a crash attributable to their fault ("schuld") kills someone, seriously injures them, or injures them enough to cause temporary illness or inability to carry on normal activities. A driver who stops supervising the system is still the person whose conduct is judged.
• Alcohol and drugs. The drink and drug limits apply in full. See drink-driving in the Netherlands.

For fines and everyday rules, see our guide to driving laws in the Netherlands.

Testing self-driving vehicles: the Experimenteerwet

Tests with a safety driver on board (article 149a)

Since 1 July 2015, RDW has been able to exempt test vehicles from vehicle requirements so manufacturers can try automated functions on public roads. The power rests on article 149a(2) of the Road Traffic Act, which lets only the Dienst Wegverkeer (RDW) grant exemptions in cases designated by decree, and on article 2a of the Besluit ontheffingverlening exceptioneel vervoer. That article allows exemptions "voor zover en voor zolang dat nuttig is voor het testen van verder geautomatiseerde functies in voertuigen" (to the extent and for as long as useful for testing further automated functions in vehicles), and RDW must ask the road authority's consent.

RDW's vehicle-automation guidance says that prototypes admitted for road testing under a temporary national individual approval must meet the applicable safety requirements, may run only under conditions on the test area, the duration of the test and insurance and liability, and is always driven by a safety driver who can intervene directly.

Tests with the driver outside the vehicle (article 149aa)

The Experimenteerwet zelfrijdende auto (Stb. 2018, 347) added article 149aa to the Road Traffic Act. It has applied since 1 July 2019. Its first paragraph, in the version in force since 19 April 2023 (amended by the act of 2 November 2022, Stb. 2023, 66), reads in part:

"Voor het uitvoeren van een experiment op de weg met motorrijtuigen waarvoor een goedkeuring voor nieuwe technologieën of nieuwe concepten, als bedoeld in een EU-kaderverordening ... is vereist en waarvan de bestuurder zich niet in het motorrijtuig bevindt, is een vergunning vereist van Onze Minister" (to carry out an experiment on the road with motor vehicles that need an approval for new technologies or new concepts under an EU framework regulation, and whose driver is not in the vehicle, a permit from the Minister is required). The Minister of Justice and Security must be consulted.

What the permit can and cannot do:

• Exemptions. It may exempt the experiment, so far as necessary, from provisions of the Road Traffic Act "met uitzondering van de artikelen 5 en 6" (except articles 5 and 6), from other laws on tasks of the driver or registered keeper, and from regulations under them.
• Refusal grounds. The Minister may refuse if the experiment does not protect road-safety interests, does not contribute enough to innovation in road safety, sustainability or traffic flow, or if an exemption would be incompatible with the purpose of the rule.
• Who is told. The permit goes to RDW, the enforcement authorities and the road authorities involved. For roads not managed by the national government, the Minister must first obtain the road authority's consent (article 6a of the Besluit ontheffingverlening exceptioneel vervoer).

The application goes to RDW under the Regeling vergunningverlening experimenten zelfrijdende auto, in force since 1 July 2019. It requires, among other things, a plan stating where the driver or drivers will be and how many vehicles each controls, whether passengers will be carried and whether they pay, a risk analysis, "een adequaat verzekeringsbewijs" (adequate proof of insurance), and a data recorder whose data can be shared for criminal proceedings.

Note what article 149aa does not do: it does not remove the driver. The law still speaks of a bestuurder, who is simply not in the car. The government's 15 May 2026 letter describes the current position the same way: automated vehicles can be tested with a safety driver who "kan zich in of buiten het voertuig (op afstand) bevinden" (can be in or outside the vehicle, remotely).

Robotaxis and driverless shuttles: status as of September 2026

The government's letters describe planned pilots, not a commercial driverless service. According to the 15 May 2026 letter:

• The tender for pilots with automated vehicles was published on TenderNed on 18 March 2026, as an innovation partnership, with the award expected in 2026.
• "De pilots worden uitgevoerd binnen de huidige wet- en regelgeving" (the pilots are carried out within current law), using the testing routes described above.
• Earlier, the 4 December 2025 road-safety letter said EUR 35 million was being set aside for the automated-driving programme for 2026 to 2030, of which EUR 12 million is for the pilots.

The letter does not describe any robotaxi or driverless shuttle operating commercially in the Netherlands. Treat any claim that one is "legal" or "licensed" with caution unless it points to an RDW decision or a ministerial permit.

What laws on automated driving are coming?

Two pieces of Dutch legislation are in preparation, neither yet before parliament as a bill as of the government's 15 May 2026 letter:

1. A testing bill (Wetsvoorstel Testen). The 10 December 2024 letter said the Road Traffic Act would be amended so that the on-road testing required for EU type approval of automated driving systems, and testing for other purposes, can take place in the Netherlands, with a target of entry into force in 2027. The 15 May 2026 letter says the work "kost daarom meer tijd dan eerder voorzien" (is taking longer than expected) and that "het streven is dat het wetsvoorstel in 2026 in internetconsultatie gaat" (the aim is for the bill to go to public internet consultation in 2026).
2. Rules for using approved automated vehicles in traffic. The ministry is writing a policy framework (beleidskompas) on how type-approved automated vehicles fit into Dutch traffic, covering issues such as enforcement and information currently built around human drivers. The December 2024 letter said liability and insurability would be part of that work.

Parliament has pushed for speed. On 8 April 2026, MP Goudzwaard proposed a motion asking the government to put forward "zo snel als mogelijk een voorstel voor een wet geautomatiseerd vervoer" (as soon as possible a proposal for an automated transport act) that clearly regulates safety standards, liability and supervision.

Who is liable after a crash involving a self-driving or assisted car?

There is no special liability law for automated vehicles in the Netherlands. The ordinary rules apply, and they already place a lot of the risk on the vehicle's owner and insurer.

Article 185: strict liability toward pedestrians and cyclists

Article 185(1) of the Road Traffic Act makes the owner, or the keeper ("houder") if there is one, of a motor vehicle involved in a road accident liable for damage to "niet door dat motorrijtuig vervoerde, personen of zaken" (people or property not carried by that motor vehicle), "tenzij aannemelijk is dat het ongeval is te wijten aan overmacht" (unless it is plausible that the accident was due to force majeure).

Three points matter for automated driving:

• Article 185 makes the owner or keeper liable, whoever was steering. An owner or keeper who does not drive the vehicle is liable for the conduct of the person they let drive it (article 185(2)). It does not remove the driver's own liability under the ordinary fault rules (article 185(4)).
• It does not apply to damage done to another moving motor vehicle or the people and goods it carries (article 185(3)). Car-to-car claims follow the ordinary fault rules.
• It leaves other statutory liability intact (article 185(4)), so a claim against the manufacturer remains possible.

Compulsory insurance (WAM)

Under article 2 of the Wet aansprakelijkheidsverzekering motorrijtuigen (WAM), the owner and the registered keeper must insure a motor vehicle that is on the road or registered. Article 3 requires the insurance to cover the civil liability "van iedere bezitter, houder en bestuurder" (of every owner, keeper and driver), and article 6 gives an injured person an "eigen recht" (direct right) to claim against that insurer.

Product liability and the software question

If a defect in the car or its system caused the crash, the manufacturer can be liable under articles 6:185 to 6:193 of the Civil Code (Burgerlijk Wetboek). Article 6:185 provides that "de producent is aansprakelijk voor de schade veroorzaakt door een gebrek in zijn produkt" (the producer is liable for damage caused by a defect in its product), subject to listed defences. A product is defective if it does not offer the safety one may expect, taking into account its presentation and reasonably expected use (article 6:186).

The current Dutch text defines a product as a movable thing, plus electricity (article 6:187). The new EU Product Liability Directive 2024/2853 expressly includes software, and must be transposed by 9 December 2026. The Dutch transposition bill (Implementatiewet richtlijn herziening productaansprakelijkheid, bill 36906) was introduced on 2 March 2026 and in September 2026 was registered for a plenary debate in the House of Representatives; it had not been adopted. The EU-level detail is on our EU page.

How fault is shared between a driver who was supposed to supervise FSD and a manufacturer whose system misbehaved has not been settled by any Dutch statute specific to automated driving. It will turn on the facts. For how US courts and lawsuits approach the same question, see who is liable in a self-driving car accident and Tesla Autopilot and FSD lawsuits.

What to do after a crash in the Netherlands

The duties are the same whether or not a driver-assistance system was active.

1. Stop and stay. Article 7 of the Road Traffic Act makes it an offence for anyone involved in an accident to leave the scene if they know or should suspect that someone was killed or injured, that someone else suffered damage, or that an injured person would be left helpless. The duty to stay for death, injury or damage does not apply to a person who has properly enabled their identity, and if they were driving, the vehicle's identity, to be established at the scene.
2. Call emergency services on 112 if anyone is hurt or the road is unsafe.
3. Exchange details with the other parties, including insurance details, so the WAM insurer can be identified.
4. Note whether a system was engaged. Write down whether FSD (Supervised) or another assistance system was on, any warnings shown, and the time. Vehicle data may matter later, and you remain the driver for traffic-law purposes.
5. Think about recordings. Dashcam footage is often useful evidence, but Dutch privacy rules apply to sharing it. See recording laws in the Netherlands and Netherlands data privacy laws.
6. Report to your insurer promptly. A pedestrian or cyclist you hit can claim directly against your insurer.

This page is general information, not legal advice. For a specific crash or claim, speak to a Dutch lawyer (advocaat) or your legal-expenses insurer.

How the Netherlands compares

The Netherlands moved early on testing: the government notes it was the first EU member state with national rules for road experiments with automated vehicles without a human driver on board. It has not yet built the full deployment framework that Germany has for driverless operation in approved areas; see Germany's self-driving car laws and the UK's self-driving car laws for contrasting models, and the world self-driving car laws hub for the global picture.

Frequently Asked Questions

Is Tesla FSD legal in the Netherlands?

Yes, as an approved driver assistance system, as of September 2026. RDW issued a type approval for FSD (Supervised) on 10 April 2026 with provisional validity in the Netherlands. RDW says the car is not self-driving: the driver remains responsible, must always stay in control, and must be able to take over immediately.

Can I take my hands off the wheel with FSD in the Netherlands?

RDW says hands do not have to be on the steering wheel while FSD (Supervised) is active, but must be able to take over immediately if necessary, and the system monitors whether your eyes are on the road. You are still the driver, so every traffic rule applies to you.

Can I use my phone while FSD is driving?

No. Article 61a of the RVV 1990 bans whoever drives a vehicle from holding a mobile electronic device used for communication or information processing while driving. FSD (Supervised) does not make you a passenger, so the ban applies in full.

Is FSD approved in the whole EU because the Netherlands approved it?

No, not as of 30 September 2026. RDW says the approval is currently valid only in the Netherlands and that EU-wide use needs a qualified-majority vote of member states in the responsible committee (TCMV). Some member states, such as Czechia on 21 September 2026, have recognised the Dutch approval for their own territory. Press reports say an EU vote is not expected before December 2026.

Are driverless cars or robotaxis allowed in the Netherlands?

Only as permitted experiments, as of September 2026. Article 149aa of the Road Traffic Act allows a ministerial permit for road experiments where the driver is outside the vehicle, and RDW can exempt test vehicles that have a safety driver on board. The government's 2026 pilots run within this existing law; there is no general legal route for driverless vehicles in everyday traffic yet.

What is the Experimenteerwet zelfrijdende auto?

It is the 2018 law (Stb. 2018, 347) that added article 149aa to the Road Traffic Act 1994, in force since 1 July 2019. It lets the Minister of Infrastructure and Water Management permit on-road experiments with vehicles that need a new-technology approval and whose driver is not in the vehicle, with possible exemptions from most traffic rules but never from articles 5 and 6.

Who pays if a car on FSD hits a cyclist in the Netherlands?

Under article 185 of the Road Traffic Act, the owner or keeper of the car is liable for damage to people and property not carried in it, unless the crash was due to force majeure. The compulsory WAM insurance covers that liability and the cyclist can claim directly from the insurer. A manufacturer may also be liable if a product defect caused the crash.

Is the Netherlands writing a new law for self-driving cars?

Yes, but no bill had been introduced as of the government's 15 May 2026 letter. The ministry is preparing a bill to expand on-road testing and aims to put it to public internet consultation in 2026. It is also preparing a policy framework for how type-approved automated vehicles will be used in Dutch traffic.