Tesla pushes self-driving vehicles on EU roads early 2025

The topic of autonomous driving is at the top of the agenda. While various use cases are currently being tested from a technical perspective, regulations are progressing at national, European and UN levels forming frameworks for the various levels of automation. Germany in particular has made progress in regulating level 3 and level 4 automation in recent years, arguably taking the lead in Europe.

The EU has now largely followed the German regulatory approach. Additionally, in the UK, the Automated Vehicles Act 2024 aims to create a rigorous safety framework, clarify legal liability, and protect consumers when it comes to self-driving technology. It is now a question of technical development and whether the existing regulatory frameworks can be used on a larger scale with market-ready automation technology whilst some regulatory adjustments may still be necessary as part of this journey.

Tesla, Elon Musk’s electric vehicle company, plans to introduce its autonomous driving capabilities across diverse driving environments and regulatory landscapes, which will be a critical test of the technology’s adaptability and reliability. 

Musk’s hopes seem to rest on the UNECE Regulation on Driver Control Assistance Systems (DCAS) (79 pages / 1.3 MB). The regulation first and foremost paves the way for the deployment of advanced driving assistance systems (ADAS), but is certainly a necessary intermediate step to, eventually, fully autonomous vehicles.

The regulation, which came into effect in January, sets out stringent safety and performance requirements for ADAS, ensuring that these systems can operate safely under various conditions.

The regulation defines DCAS as systems which assist the driver in controlling the motion of a vehicle on a sustained basis, as opposed to taking over the entire driving task. Drivers are required to retain responsibility for the control of DCAS, monitoring the surroundings and vehicle performance, interfering if and when required.

Within the EU, Regulation (EU) 2019/2144 is governing the subject. The EU has been proactive in regulating automated vehicles, with level 3 automated vehicles, which require a safety driver, currently permitted on public roads.  However, the EU is working towards enabling level 4 autonomy, which allows for remote control and minimal human intervention, by 2025. This regulatory progression is crucial as it aligns with Tesla’s timeline for introducing its FSD technology.

Regulation (EU) 2022/1426 introduces updated technical requirements for various categories of vehicles (M and N). The regulation aims to facilitate the introduction of new technologies while maintaining high safety and environmental standards.

According to Regulation (EU) 2022/1426, EU type approval is intended exclusively for vehicles that operate within a fixed area or on a fixed route and, depending on the member state of the EU in which the operating area is located, the respective national regulations on the operating area must be observed. The regulation includes provisions for the EU type-approval of fully automated vehicles produced in small series, allowing for a progressive but swift introduction of these technologies.

Tesla said it has applied for permission making use of this regulation, seeking approval for its latest models, which include advanced autonomous driving features and innovative software updates. By aligning with the EU standards, Tesla aims to ensure that its vehicles meet the stringent safety and environmental requirements, highlighting its commitment to expanding its footprint in the European market.

Expansion may initially be limited in terms numbers of vehicles because approval of fully automated vehicles corresponds to an EU type approval for vehicles in small series production according to Article 41 of Regulation (EU) 2018/858. This means that the number of units of a vehicle type registered, made available on the market, or put into service annually in the EU is limited to 1,500 units for fully automated vehicles of categories M and N.

The UK has also made substantial strides in creating conducive environment for autonomous vehicles. The Automated Vehicle (AV) Act (96 pages / 2.8 MB), which became law in May, is a landmark piece of legislation that sets the stage for self-driving cars to be on British roads by 2026.

The Act ensures that self-driving vehicles must meet rigorous safety standards equivalent to those of a careful and competent human driver. It also shifts liability from drivers to manufacturers and software developers when the vehicle is autonomous mode, therefore fostering a safer and more accountable framework.

While the Act has laid out the route towards legislation in the UK, we are not there yet.

Furthermore, the UK government has been supporting trials of self-driving vehicles across the country. Companies like Wayve and Oxa are at the forefront of these trials, testing their technologies in real-world conditions. These trials are crucial for gathering data and insights that will inform the development of secondary legislation and safety standards.

The EU and UK regulatory frameworks are designed to balance innovation with safety, ensuring that autonomous vehicles can be deployed without compromising public safety. As these regulations take effect, they will likely accelerate the adoption of self-driving vehicles, transforming the future of mobility.

While both the EU and the UK are making significant progress in creating the regulatory environment necessary for the safe deployment of self-driving vehicles, ongoing collaboration between regulatory, industry stakeholders, and the public is essential to realise the full benefits of this technology.

Tesla demonstrates a proactive and positive approach, but the early 2025 deadline is likely premature. It will be interesting to see how the carmaker and inventor of the “autopilot” deals with the limits on communication under the UK AV Act going forwards as marketing of automated capabilities does not remain unregulated. Marketing restrictions have been introduced by the Act, making it an offence to use restricted works or communications likely to cause confusion as to legality of automated vehicles on British roads.