Where Is Tesla FSD Legal? Country-by-Country Status (2026)

As of 30 September 2026, Tesla's FSD (Supervised) has a regulator decision behind it in eight European countries. The Netherlands granted a provisional type approval, and seven other EU states have recognised it: Lithuania, Estonia, Denmark, Belgium, Slovenia, Czechia and, most recently reported, Croatia. There is no EU-wide approval, and the UK has not approved it. Outside Europe, Tesla says it is available in Canada, Mexico, China, Australia, New Zealand and South Korea, where it runs as a driver-assistance feature under ordinary road rules rather than under a specific approval.

Everywhere it is offered, FSD (Supervised) is a Level 2 driver-assistance system. The car is not self-driving, and the person behind the wheel stays legally responsible for how it is driven.

What FSD (Supervised) is, legally

FSD (Supervised) is Tesla's driver-assistance software. It can steer, accelerate, brake, change lanes and follow a navigation route. Despite the name, no regulator treats it as a self-driving or autonomous system. The Dutch authority that approved it says plainly that "a vehicle with FSD Supervised is not self-driving" and that the driver "remains responsible and must always remain in control."

That places it at SAE Level 2 (partial automation). The Czech Ministry of Transport and the Estonian Transport Administration both describe it as a Level 2 system in their recognition notices. In practice, the meaning is the same in every country covered on this page:

• You are the driver, with all of a driver's legal duties (speed limits, traffic signs, phone rules, drink-driving limits).
• The system can make mistakes, and you must be ready to take over immediately.
• If a crash happens, the starting point is the ordinary rules on driver fault and insurance, not a special self-driving regime.

Whether FSD is "legal" also depends on the system a country uses. In the EU and the UK, a car and its software need type approval before they can be sold and used, so FSD needs a regulator decision. In Australia, Canada and similar markets, a Level 2 feature on an already-approved car generally runs under the ordinary road rules, which regulate the driver rather than approve the software.

Level 3 and Level 4 laws, which let a car drive itself in defined conditions, are a separate track and do not apply to FSD (Supervised). The world self-driving car laws hub covers those.

Tesla FSD status by country (as of 30 September 2026)

The "source type" column shows what each status actually rests on. A regulator decision is the strongest footing. A company statement tells you Tesla offers the feature, not that a government has approved it.

Fan trackers give different counts. Some list only Tesla's announcements, some count the Netherlands and some do not, and several have not caught up with the September recognitions. The eight-country figure above counts the Netherlands plus seven recognising states.

Europe: how the Dutch approval works

One national approval, then country-by-country recognition

On 10 April 2026, the Netherlands Vehicle Authority (RDW) issued a type approval for FSD (Supervised). RDW's own announcement says "the type approval for Tesla's driver assistance system is currently valid only in the Netherlands," and describes the route to wider use: RDW submits the application to the European Commission, all member states vote, and approval needs a majority in the responsible committee.

The legal basis is Article 39 of Regulation (EU) 2018/858, the EU procedure for approving new technologies that do not fit existing technical requirements. RDW's page does not name the article, but the Czech Ministry of Transport does. It says RDW issued the provisional approval under Regulation 2018/858 and that the ministry recognised it "podle článku 39" (under Article 39). Germany's KBA also refers to RDW presenting its Article 39 application to the committee on 5 May 2026.

Until the EU decides, each member state chooses whether to recognise the Dutch approval on its own territory. As Denmark's road authority explains, the system is then permitted only in the countries that actively approve it.

Which countries have recognised it

• Lithuania, Estonia, Denmark and Belgium were the first to follow, according to Slovenia's road safety agency. Estonia's Transpordiamet announced its recognition in May 2026, describing FSD as an SAE Level 2 system. Denmark's Faerdselsstyrelsen announced its recognition on 9 June 2026.
• Slovenia recognised it on 7 September 2026, as the sixth EU member state, according to the Slovenian traffic safety agency AVP.
• Czechia recognised it on 21 September 2026. The ministry said it joined the Netherlands and five other European states, and stressed that responsibility for driving "zůstává plně na řidiči" (stays fully with the driver).
• Croatia: Croatian public broadcaster HRT reported on 29 September 2026 that the State Office for Metrology, Croatia's type-approval body, confirmed recognition of the Dutch approval. Treat this as the newest and least settled entry.

Germany, France, Sweden and the rest

Germany has not recognised the approval. In a reply to a freedom-of-information request dated 8 July 2026, the Federal Motor Transport Authority (KBA) said it was still examining the documents and the national acceptance of the RDW approval, and that it could not give a date for a decision on national recognition. For how Germany regulates Level 3 and Level 4 driving, see Germany's self-driving car laws.

Sweden has not recognised it. In a notice of 11 May 2026, Transportstyrelsen says it has let Tesla run limited tests with trained test drivers on selected routes, but that general activation for consumers "är ännu inte tillåtet" (is not yet allowed). It also warns that features not covered by a vehicle's type approval can affect both the vehicle's status and its insurance cover.

France, Italy, Spain and the remaining member states are not among the states the Czech and Slovenian authorities named as having recognised the approval.

The EU vote: what is pending and what could change

An EU-wide approval would make FSD (Supervised) usable in every member state. Press reports put the threshold at a qualified majority: at least 15 of the 27 member states, representing at least 65% of the EU population.

Reports from late September 2026 say the draft agenda for the 6 October 2026 meeting of the Technical Committee on Motor Vehicles lists only a "continuation of the discussion" on the Dutch request, with no vote. The same reports say the committee does not meet again until December, so the earliest EU-wide decision is December 2026. Some tracker sites still show a 6 October vote; that date is out of date.

Public information on the vote is thin partly because, as Denmark's authority notes, the Commission's handling of the approval is covered by EU confidentiality rules.

The stakes run both ways:

• If the vote passes, the approval becomes an EU type approval valid in all member states. Sweden's regulator says a broader launch could then come at the earliest in spring or summer 2027, and that it is still working out how an approval would apply to cars already on Swedish roads.
• If the Commission rejects it, Denmark's authority says the Dutch provisional approval becomes invalid after six months, Danish recognition lapses with it, and FSD (Supervised) may no longer be marketed or sold in EU countries. Sweden's regulator likewise says national permits would be withdrawn after a no vote.

Note that the six-month period in the Danish notice runs from a rejection, not from the date of the Dutch approval.

What the Dutch regulator says about use in practice

RDW says drivers' hands "do not have to be on the steering wheel, but must be able to take over immediately," and that cabin sensors check the driver's eyes are on the road. It is "not permitted or possible" to read a newspaper while it drives. RDW also says the European software version is not the same as the US version.

After the approval, RDW increased Tesla's reporting on the system's in-use performance from annual to monthly. In June 2026 it stated that nearly 40,000 Teslas with FSD (Supervised) had driven about 24 million kilometres in the Netherlands without relevant incidents. That figure is RDW's, based on its own monitoring.

United Kingdom

The UK left the EU type-approval system, so EU approvals and recognitions do not apply there. No GB approval for FSD (Supervised) has been announced, and the UK does not appear in Tesla's list of markets where it is available.

On 18 August 2026, the Department for Transport published a consultation on updating GB type approval. It proposes requiring compliance with UN Regulation 171, the international rule for driver control assistance systems (DCAS), for all passenger and goods vehicles fitted with DCAS. DfT describes these as systems that "do not completely take over control from the driver."

The consultation closed at 11:59pm on 29 September 2026. It does not mention Tesla, and adopting R171 would not by itself approve any particular product.

The UK's Automated Vehicles Act 2024 deals with genuinely self-driving vehicles, not Level 2 assistance. See UK self-driving car laws for which parts of that Act are in force.

Australia and New Zealand

Tesla launched FSD (Supervised) in Australia and New Zealand in September 2025. Australia has no approval process specific to Level 2 software, so its use rests on the road rules, which make the driver responsible.

Each state and territory adopts the Australian road rules separately. The ACT's version of rule 297 reads: "A driver must not drive a vehicle unless the driver has proper control of the vehicle," with a maximum penalty of 20 penalty units. Other states and territories have their own versions of the rule.

How "proper control" applies to FSD is not settled across the country. ABC News reported in September 2025 that transport departments gave different answers:

• NSW, SA, the ACT and Tasmania said they allowed it with the driver supervising and in control.
• A WA spokesperson said drivers must keep both hands on the wheel, while Queensland required one.
• A Northern Territory spokesperson said proper control means the driver is actively driving the vehicle, not merely supervising a system, and that it is not clear the design of FSD (Supervised) is compatible with a driver fulfilling that obligation.
• Victoria's transport department did not say whether it was legal. ABC noted that Victorian regulations require vehicles with modifications that contribute to steering, braking or accelerating to operate under an Automated Driving System permit issued by VicRoads.

These were spokesperson statements, not rule changes, and they may have moved since.

In New Zealand, Tesla lists FSD (Supervised) as available. It runs under the general road rules, with the driver responsible.

Canada, Mexico and Puerto Rico

Canada. Tesla lists Canada as a market where FSD (Supervised) is available. Transport Canada has not published a decision on it, and Canada's provinces regulate how vehicles are driven. Since 5 April 2024, British Columbia's Motor Vehicle Act has prohibited driving a Level 3, 4 or 5 automated vehicle. The province's guidance describes Levels 1 and 2 as driver-assistance features, which is the level at which FSD (Supervised) is classed. BC has not addressed FSD by name.

Mexico. Tesla lists Mexico as available. No Mexican authority has published a statement on it, so availability rests on Tesla's word and the ordinary traffic rules.

Puerto Rico is a US territory, where US rules apply. For the US position, including lawsuits over Autopilot and FSD, see Tesla Autopilot and FSD lawsuits.

Asia

China. Tesla announced in May 2026 that FSD (Supervised) is available in China. China regulates Level 2 "combined driver assistance" systems through product access and software-update rules. A February 2025 notice from the Ministry of Industry and Information Technology (MIIT) and the State Administration for Market Regulation requires carmakers to file over-the-air updates with both agencies, and says updates involving automated driving functions need the corresponding access permit.

A mandatory national standard for combined driver assistance systems, GB 47955-2026, was issued on 27 June 2026 and is scheduled to take effect on 1 January 2027. MIIT defines these systems as operating on the premise that the driver continuously observes traffic and controls the vehicle. No MIIT decision naming Tesla's system has been published.

South Korea. Tesla lists South Korea as available. According to Korean press reports, the transport ministry's position is that only US-built Teslas may use FSD (Supervised), because they are accepted under the Korea-US free trade agreement's recognition of US safety standards, while other models do not meet Korean standards. The ministry was also reported in April 2026 to have warned that activating FSD by unauthorised means makes a vehicle non-compliant. These positions come from press reports, not a published ministry decision, so check with the ministry or Tesla Korea before relying on them.

Japan. Japan is not in Tesla's list of available markets, and no approval by Japan's transport ministry has been announced as of 30 September 2026.

Who is liable if something goes wrong?

In every country on this page, the driver. Regulators that have approved or recognised FSD (Supervised) say so in their own notices:

• RDW (Netherlands): the driver "is supported and remains responsible."
• Faerdselsstyrelsen (Denmark): the system does not make the car self-driving, and the driver still has full responsibility for the driving.
• Czech Ministry of Transport: responsibility for driving remains fully with the driver.
• Transportstyrelsen (Sweden): the driver bears the legal responsibility, and assistance systems can make mistakes.

So a speeding offence, a red-light violation or a collision while FSD is engaged is treated as the driver's, under that country's usual traffic, criminal and insurance rules. Whether the manufacturer also carries some liability for a defect is a separate question, answered by each country's product liability law and the facts of the case. For how that plays out in the US, see who is liable in a self-driving car accident.

Drivers in Europe face two practical risks:

• Crossing a border. A recognition covers use on that country's territory. Denmark's authority says the system is permitted only in countries that actively approve it. Do not assume it may be used after driving from a recognising country into one that has not recognised it.
• Unofficial activation. Where a regulator has not approved it, using the feature outside an approval can affect the vehicle's legal status and insurance cover, as Sweden's regulator warns.

This page is general legal information, not legal advice. Statuses change quickly, so check the national regulator before relying on any single entry.

Frequently Asked Questions

Is Tesla FSD legal in Europe?

Not EU-wide. As of 30 September 2026, the Netherlands has granted a type approval with provisional validity, and seven other EU states have recognised it: Lithuania, Estonia, Denmark, Belgium, Slovenia, Czechia and Croatia (reported 29 September). Other EU countries, including Germany, France, Sweden, Italy and Spain, have no approval or recognition. An EU-wide vote is not expected before December 2026.

Is Tesla FSD legal in Germany?

Not as of 30 September 2026. Germany has not recognised the Dutch approval. In a July 2026 reply to a freedom-of-information request, the KBA said it was still examining the application and could not give a date for a decision.

Is Tesla FSD available in the UK?

No. The UK uses its own GB type-approval system, and no approval for FSD (Supervised) has been announced. A Department for Transport consultation proposing to adopt UN Regulation 171 for driver control assistance systems closed on 29 September 2026.

Is Tesla FSD legal in Australia?

Tesla has offered FSD (Supervised) in Australia since September 2025. There is no specific approval for Level 2 software; drivers must comply with the road rules, including the rule that a driver must have proper control of the vehicle. State and territory transport departments have given different views on what that requires, so check with your state's road authority.

When will the EU vote on Tesla FSD?

Late-September 2026 reports say the 6 October 2026 meeting of the Technical Committee on Motor Vehicles lists the Dutch request for discussion only, with no vote. The next meeting is in December 2026, the earliest possible date for an EU-wide decision. Approval needs a qualified majority of member states.

What happens if the EU rejects Tesla FSD?

According to Denmark's road authority, the Dutch provisional approval would become invalid six months after a Commission rejection, national recognitions based on it would lapse, and FSD (Supervised) could no longer be marketed or sold in EU countries.

Can I use FSD if I drive from the Netherlands into another country?

A recognition covers use in the country that granted it. Denmark's authority says the system is permitted only in countries that actively approve it. Do not assume you may keep using it after crossing into a country that has not recognised the Dutch approval.

Who is responsible if my Tesla crashes while FSD is on?

The driver. Every regulator that has approved or recognised FSD (Supervised) describes it as Level 2 driver assistance and says the driver remains responsible. Ordinary traffic, insurance and criminal rules apply; any claim against the manufacturer for a defect is a separate question under product liability law.

Is Tesla FSD legal in Canada?

Tesla lists Canada as a market where FSD (Supervised) is available, but no federal regulator has issued a decision on it. Provinces set the driving rules. British Columbia bans driving Level 3 to 5 automated vehicles, and its guidance treats Levels 1 and 2 as driver assistance, the level at which FSD (Supervised) is classed.

Is Tesla FSD available in China and Japan?

Tesla said in May 2026 that FSD (Supervised) is available in China, where Level 2 systems are regulated through MIIT product-access and software-update filing rules; no MIIT decision naming Tesla's system has been published. Japan is not in Tesla's list of available markets, and no Japanese approval has been announced as of 30 September 2026.