Automated driving: Who is responsible?

22/5/2026 |Articles are machine translated

Tesla FSD Supervised in the Czech Republic. | Photo: AutoSAP

Source : Tesla FSD Supervised in the Czech Republic. | Photo: AutoSAP

The Czech Republic has entered a new “transport era” since the beginning of 2026. The amendment to the Road Traffic Act has enabled the operation of vehicles with conditional automated driving, i.e. at the SAE Level 3 level, on Czech roads. However, there are practically no cars on the Czech market that would realistically offer this option. What’s more, data suggests that the trend towards fully autonomous vehicles is generally not straightforward and car manufacturers are in no hurry to introduce vehicles with level 4 driving.

 

Tesla Europe announced in the first quarter of this year on the X platform that the “FSD Supervised” system had been approved in the Netherlands and would soon be introduced in the country. In April, the Dutch Motor Vehicle Authority RDW confirmed the “European type approval with provisional validity in the Netherlands” in its own statement. The Netherlands thus became the first European country where the FSD supervised driving system is permitted.

The confirmation by the RDW was a significant step. Tesla has in the past sometimes made strong marketing statements and communicated advanced automated driving as if autonomous cars were already a common reality.

In fact, Tesla offers systems at the L2 level, where the driver remains fully responsible for the operation at all times and must be ready to intervene at any time. The term L2+ has been used for systems that have only been approved in Europe in the Netherlands so far. This is not an official category, but a designation that they are an implementation of a more advanced L2.

What L2+ can do

The Dutch authority also stressed in its statement that FSD Supervised is a driver assistance system – not an autonomous or self-driving system. The driver remains legally responsible and must be able to immediately take over the steering wheel at any time. However, they do not need to have their hands on the wheel while driving.

Systems referred to as L2+ differ significantly from classic assistance functions. Level L2 (Partial Automation) is the standard that we find in every better-equipped car today (for example, Travel Assist from the VW Group). The car combines adaptive cruise control and lane keeping. The car turns, accelerates and brakes. The driver must constantly monitor the traffic, the responsibility is entirely his. The car ensures that the driver has his hands on the wheel. If he takes them off, the car “protests” after a few seconds.

Level L2+ is not an official SAE level, but a term that the car industry itself introduced for systems that are more capable than the standard L2, but still fall under the driver’s supervision by law. The main difference compared to L2 is that in many L2+ systems the driver can take his hands off the steering wheel, but still has to look at the road (Hands-off, Eyes-on).

What Tesla has started testing/deploying in the Netherlands is a system that can handle traffic signs, complex city intersections and roundabouts. The car monitors not only the situation outside the car, but also the driver’s reactions: advanced monitoring is used using cameras in the interior that track the driver’s direction of view. If the driver looks at their mobile phone, for example, the system warns the driver to turn their attention back to driving. The driver is always responsible for mistakes.

L2+ is not a revolution. The real revolution is represented by L3 systems (Conditional Automation), the deployment of which has already been announced by, for example, Mercedes-Benz (Drive Pilot) or BMW (Personal Pilot). On approved sections of highways (in traffic jams or up to a certain speed, typically 60–95 km/h), the driver can stop monitoring traffic, read emails or watch a movie on the central display (Hands-off, Eyes-off).

 


“The L2+ system is not a revolution, the driver must always have control over the driving.”


 

If an error occurs while the system is active, the car manufacturer, not the driver, assumes legal responsibility for the accident. In L3 automated driving, the car must warn the driver in good time that a section is approaching that it cannot handle and that he needs to take over the steering.

Reactive and predictive

The obligation to hold the steering wheel and watch the traffic vs. holding a book in your hand and reading is related to the events in the car’s systems in terms of data and decision-making. The difference lies primarily in whether the car is capable of only reactive or also predictive behavior. In other words, it is about how the systems “think”.

L2 systems work primarily on the principle of deviation control. They are essentially very fast reactions to what is happening. They monitor the distance from the car in front and the position between the lines. If they notice that the car is too close, they brake. If the car is too far to the left, they turn the steering wheel to the right. The system cannot evaluate the context (for example, that the car in the neighboring lane is flashing its turn signal and is likely to move into the other lane).

L2+ systems try to understand the entire scene. They monitor the entire surroundings and evaluate what objects are involved. Example: If it sees a pedestrian on the sidewalk looking the other way and walking quickly towards the road, it will apply the brakes in an emergency because it assesses that there is an 80% chance that the person will enter the roadway. The system has learned from a million videos of human behavior in similar cases, and this prediction allows it to make extensive use of neural networks. However, in critical situations, the system cannot be relied on 100%.

L3 is a step smarter and safer. Before allowing the driver to take a break from driving, it carefully evaluates whether it has enough data to guarantee safe driving. This includes redundancy: L3 systems have everything duplicated. The combination of LiDAR (precise 3D mapping), radar and cameras ensures that if the camera is blinded by the sun, for example, there is another technology, LiDAR, that can still see. Cars with the L3 system also have two independent circuits for braking and two motors for power steering. A significant difference also lies in the map data. HD maps with centimeter-accurate accuracy ensure that the car knows exactly where it is, even when it can’t see the lines, because it has a map of curbs and signs in its memory.

Tesla in the Netherlands – where next?

The rollout of the L2+ software in Tesla vehicles in the Netherlands began immediately after approval, in April 2026. The exact timetable for all vehicles was not known at the time of writing.

The approval is currently only valid at national level. Other EU member states can adopt it through national recognition. Tesla expects countries such as Germany, France, Belgium and Spain to follow in the summer of 2026, according to the website www.fsdtracker.eu.

According to the same source, the RDW submitted an update of its approval process under Article 39 of the FSD Directive to the EU Technical Committee for Motor Vehicles (TCMV) – the key regulatory body overseeing car type-approval in the EU – in early May. The next TCMV meeting is expected at the end of June, where member states are likely to engage in an exchange of views and deeper discussion. Depending on how this discussion develops, a formal vote could follow as early as October or could be postponed to December, the website says.

If the system is approved, it will be available in all EU member states.

It is worth remembering that Tesla is a very popular car in the Netherlands, and the choice of this country as a “living laboratory” for testing predictive algorithms, including the FSD Supervised system, in real European traffic makes sense. According to April data from the Dutch Vehicle Registry, there are over 52,000 Tesla Model Ys and more than 80,000 Model 3s registered in the country famous for bicycles. These two models meet the FSD conditions and their software can be updated over the internet (OTA).

 


“The Netherlands is something of a ‘living laboratory’ for Tesla.”


 

Tesla cars currently driving in the country are essentially “teaching” the car’s neural network to understand European specifics (roundabouts, cyclists, narrow streets), which are different from their home country, the USA. Another advantage for deploying FSD systems is that the Netherlands has some of the best-marked roads and the most detailed digital map data.

However, it should be added that Tesla is not the only one in Europe with the L2+ system. Ford is perhaps taking an even more aggressive approach. Until recently, BlueCruise was the prerogative of the electric Mustang Mach-E, but it is now expanding the offer to other Kuga, Puma and even Ford Ranger Plug-in Hybrid pickups. Cars with this system are also sold in the Czech Republic. The manufacturer itself determines the sections where the system recognizes that the conditions for enabling the use of BlueCruise in hands-off mode are met, and these are mainly selected sections of highways.

Where did L3 go?

Autonomous vehicles are not coming to the market, let alone the roads, as quickly as many might have imagined years ago. L3 systems have been developed by carmakers for several years, but their real-world deployment is still very limited.

Mercedes was the first European brand to receive L3 certification. Its DRIVE PILOT is in operation in Germany, but also in Nevada and California in the US. In this mode, the driver can let go of the steering wheel and stop watching the road, as responsibility is transferred to the car, but fundamental limitations remain: the system only works on selected sections of highway and typically at low speeds, for example in traffic jams.

“Although some countries, such as the Czech Republic, have already created legal regulations for the use of automated vehicles on public roads, their use in EU countries is limited to specific areas requiring separate approval as a supplement to the pan-European homologation. Mercedes-Benz’s plans for the introduction of the DRIVE PILOT system for other markets, beyond those already mentioned, cannot be commented on at the moment,” specifies Josef Hlávka, Communications Manager for Mercedes-Benz Czech Republic, adding that the automaker has recently suspended the DRIVE PILOT system and is working on improving it. “As soon as the L3 systems achieve higher availability and provide increased value in line with our customers’ expectations, we will make the next generation of functions available. The Level 3 (L3) autonomous driving system will return to the offer. In the next few years, a new, faster and overall improved version can be expected,” promises Josef Hlávka.

The current Mercedes-Benz offer is currently dominated by L2-level systems. The automaker promises a next-generation system, called MB.DRIVE ASSIST PRO (sometimes called “L2++”), that should handle a much wider range of scenarios, including city driving, but the driver still remains responsible. Their launch is currently planned primarily for the US and China.

Safety is a priority

BMW followed Mercedes with its system for the 7 Series, which worked up to 60 km/h and was the first to allow the use of L3 even at night (thanks to advanced infrared sensors). Like Mercedes, BMW is also removing the L3 system from the offer for the fresh 7 Series facelift (LCI) and will not offer it in the Czech Republic, where the L3 level is legally permitted.

“I can confirm the withdrawal of this offer, which will no longer be available in the case of the BMW 7 Series facelift, but it was still available only in selected markets,” said David Haidinger, BMW’s head of communications, explaining that the main reason is low interest from customers and related economic reasons. “BMW has therefore chosen to move to Level 2+, which essentially offers the same thing as Level 3 – the ability to drive without having to hold the steering wheel up to a speed of 130 km/h. The only difference is that the driver must still actively monitor the road and traffic ahead,” added Haidinger.

The widespread implementation of the L2+ system is now a strategic priority for BMW. The system will be introduced gradually to European countries, with the launch in the Czech Republic currently planned for the fourth quarter of 2026.

 


“The priority is safety and low legal risk.”


 

Audi was technologically ready for L3 in 2017, when it introduced the A8 model with the Traffic Jam Pilot system, but it never put it into operation and officially canceled its deployment around 2020 due to regulatory and legal obstacles, as follows from the company’s management statements quoted in the professional media.

A similar fate was met by the Stellantis concern, which developed its own STLA AutoDrive system, but according to information from Reuters in 2025, postponed its deployment due to high costs and low demand.

Even Škoda Auto, which equips cars with advanced assistance systems that significantly contribute to increased driving comfort and safety, is in no hurry with L2+ and higher control systems. “Currently, Škoda cars do not offer a system known as L2+. However, the assistance technologies offered are continuously developed and their functions are gradually expanded through software updates, including with the arrival of new generations of vehicles. Customer safety always remains the highest priority for Škoda Auto,” said Michaela Sklenářová from the press department.

The current situation is therefore such that the technologies exist, but it is still very “difficult terrain” for car manufacturers. In order to guarantee safety, they have to install expensive LiDARs and duplicate all systems, but the result is only occasionally usable for the customer. It is therefore simpler and cheaper to work on advanced L2+ assistance, especially since the demand from users is not significant. People prefer to supervise the more capable L2+ themselves, which can operate in a wider range of environments, including city streets and county roads, rather than being limited by the certified, but very cautious and in some cases unusable L3.

 


“Car companies are not rushing to higher levels of autonomy yet.”


 

In other words: on the one hand, there is L2+ with high added value and low legal risk, on the other hand, L3 requiring high costs and bringing limited use, with legal liability of the manufacturer.

What is the law for us?

By adopting legislation allowing the operation of vehicles at the L3 level, the Czech Republic has joined the ranks of technologically advanced countries and is profiling itself as a country with legislation favorable to modern autonomous mobility technologies, but it has not yet had the opportunity to benefit much from it. The technology and the market are still different.

“The fact that these vehicles are not currently commonly operated in the Czech Republic is not a consequence of the position of the Czech authorities, but results mainly from the decisions of manufacturers, the scope of approved operating conditions and the fact that no request has yet been made for the use of specific national approvals for the territory of the Czech Republic. However, we are registering the interest of manufacturers and other entities in the Czech Republic as a country with legislation favorable to modern autonomous mobility technologies,” said František Jemelka, spokesman for the Ministry of Transport of the Czech Republic (MD).

The topic of L2+ is being paid attention to at the MD and as soon as the RDW provides them with the relevant documentation for approval, they will deal with it. According to Jemelka, this means that no testing will be carried out, but “it must be verified that what the RDW has tested and approved is applicable to our environment – there may be specifics in traffic signs and the like.”

Market: great potential, slow reality

According to a 2023 McKinsey & Company analysis, autonomous driving in the passenger car segment can generate $300-400 billion annually worldwide by 2035. This is an estimate of future annual revenues from software (autonomous functions), hardware (sensors, compute) and digital services.

However, L2 systems, or L2+, will play a more significant role in automated driving for now. More than 50 percent of new cars by 2030 will have L2 systems, McKinsey estimates (2023-2025, global market). L3 and higher will remain a significant minority and will be limited to the premium segment, while L4 will dominate in selected areas, such as robotaxis.

In the European environment, the emergence of higher-level automated systems will be slower than in the US, mainly due to the regulatory environment, which is significantly stricter in Europe.

 


L2 as the new norm

“Autonomous driving is a software product, and car companies are not exactly known for being strong in software development. That is also one of the reasons why they are not dealing with higher-level autonomous driving in any significant way,” says Marek Vanžura, who has long been involved in research into the impact of autonomous vehicles on road safety. He works at autinno, where he is responsible for international business and innovation management. However, he emphasizes that the answers to the questions express his private opinion, not necessarily the position of autinno.

 

Why do you think automakers are not rushing to offer greater automation (L3-4)?

The reasons why automakers have not yet focused more on the development of autonomous driving (L4) are related to the typical way automakers operate. Their goal is to develop a vehicle in a relatively short time that uses currently available and proven technologies that are in line with existing legislation and are not too expensive. They are then able to launch such a vehicle on the market and make a profit from it.

In contrast, the development of an autonomous vehicle lacks more or less all of the characteristics just mentioned. Autonomous driving, or rather an autonomous vehicle, is a product whose development takes a decade or more, investments climb into billions of euros, and what’s more, there is still no universal legislation, so even if you develop an autonomous vehicle, its normal operation is practically impossible anywhere today, it is always some form of specifically permitted operation. In other words, the development of autonomous driving is a huge risk for the company.

Last but not least, it is important to mention that autonomous driving is a software product. And car companies are not exactly known for being strong in software development. That is why we see that the development of autonomous driving is primarily driven by technology companies for whom working on software is their daily bread, and those with really deep pockets, such as Google or Amazon.

Are drivers even interested in autonomous vehicles? Many existing drivers do not fully use even the L2 level systems that are commonly found in vehicles today.

As the deployment of autonomous vehicles in the United States and China has shown so far, this is a product that is quite popular with users. Basically, the old saying goes: “If you build it, they will come.” So any statements that we do not know whether people will be interested in autonomous vehicles (L4) are mainly an alibi.

There is demonstrable interest in so-called robotaxis, which a person calls in a similar way to a classic taxi, but with the difference that a completely empty vehicle arrives to pick them up. The main added value is privacy and a sense of security. However, this is somewhat less clear in shared autonomous vehicles and autonomous public transport, where surveys show that the absence of a human factor in the form of the driver’s authority can have a negative effect and reduce interest in use.

How do you estimate further developments? Will car manufacturers increasingly lean towards L2+ instead of developing vehicles with L4 control?

Yes, car manufacturers will continue to work on the development and integration of advanced driver assistance systems (ADAS), i.e. L2 systems, because this is a technology that has already been mastered and, above all, is completely problem-free from a legislative perspective. Responsibility for the vehicle still lies with the driver. It can be expected that these systems will increasingly feature capabilities that we would attribute to higher levels of automation (L3 and L4), such as the ability to change lanes independently or enable driving without having to keep your hands on the wheel.

As for the introduction of autonomous driving (L4), we are already seeing a trend where car manufacturers are entering into partnerships with technology companies that have autonomous driving in their portfolio and will start integrating this technology into their vehicles when the legislation allows for the large-scale operation of such vehicles.

What has the approval of the legislation on the operation of L3 brought us in the Czech Republic so far?

I currently see the main effect in the field of PR, because the creation of the legislation on the operation of L3 has sent an important message to the outside world that modern technologies are supported in the Czech Republic. However, in the field of technology, we usually move on a much longer time frame than months, which is why I am convinced that we will only see the main benefits of the legislation on L3 in the coming years.

However, it is important not to rest on our laurels, so to speak, and to focus all our efforts on the next logical step, which is the preparation of legislation for the commercial operation of L4, as this is an initiative that autonomous driving developers are calling for globally.


autinno is a spin-off company based at VŠB – Technical University of Ostrava, which commercializes technologies developed within the Mobility Lab VŠB-TUO. These include Drive-by-Wire (DbW) systems and multimodal perception systems using cameras, LiDARs and radars. The company brings futuristic technologies to the automotive industry in the cooperative, connected and automated mobility (CCAM) segment. Last year, it also received the prestigious Self-Driving Industry Award in the UK for its contribution to the CCAM sector.

Contact

Ing. Tomáš Jungwirth
Ing. Tomáš Jungwirth

Communications Manager

jungwirth@autosap.cz
Ing. Libuše Bautzová
Ing. Libuše Bautzová

Editor-in-Chief of the Český autoprůmysl magazine

bautzova@autosap.cz

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