The Article 39 Counter

EU states where FSD (Supervised) is approved but not permitted · live estimate

People killed on the road since the Netherlands granted FSD (Supervised) an EU type approval on 10 April 2026

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0
of them would still be alive if every car had driven at the crash rate Tesla reports for FSD (Supervised) in the EU
0
of them died in crashes the 6 October vote could actually have changed: a Tesla with the hardware, system engaged
Not affiliated with Tesla or the EU · every assumption is on this page

Method

How this is counted

The top number is arithmetic on official statistics. The two numbers beside it apply Tesla's own safety claim to that toll. Each step is listed so you can disagree with it precisely.

On 10 April 2026 the Dutch vehicle authority RDW issued a European type approval for Tesla's FSD (Supervised), valid provisionally in the Netherlands only. Because the system does not fit the current UN rulebook for driver-assistance systems (UN R171), Tesla asked for exemptions under Article 39 of Regulation (EU) 2018/858. Extending the approval to the whole EU needs an implementing act from the Commission, which needs a qualified-majority vote of member states in the Technical Committee on Motor Vehicles (TCMV). Five months later that vote has not been held. Four more states recognised the Dutch approval on their own; twenty-two have not.

The counter takes each of those twenty-two states' 2025 road-death total, spreads it evenly across the year, and adds it up from the start date to now. States drop out of the count on the day they permit the system. Seasonality is ignored, so the figure runs slightly low in summer and slightly high in winter. It is an estimate of a real toll, not a tally of identified crashes.

The two derived figures are where the argument lives. Tesla says FSD (Supervised) is 4.1 times less likely to crash than a manually driven Tesla, measured across 100 million km in the five approving states. The first figure assumes that ratio held for every car and that fewer crashes meant proportionally fewer deaths. The second figure asks a narrower question: of the people who died, how many were in a crash involving a Tesla that could have been running FSD (Supervised) had the vote passed? Take-up is deliberately left out: approval is what drives it, so every capable car is assumed to have the system. You can change every factor in the assumptions panel.

Timeline

Approved in April. Voted on never.

The dated record of how a working type approval became a five-month wait, and counting.

    What Article 39 is

    Regulation (EU) 2018/858 sets the EU's vehicle type-approval rules. Article 39 lets one national authority approve a vehicle that uses a technology the harmonised rules don't yet cover, provisionally on its own territory, and then ask the Commission to make that approval valid EU-wide. The Commission decides by implementing act, which needs the TCMV to back it by qualified majority: at least 15 of 27 states representing at least 65% of the EU population.

    Source: Regulation (EU) 2018/858, Art. 39; Tesla Europe, 1 Sep 2026

    What Tesla asked to be exempted from

    Five points of UN R171: system-initiated manoeuvres without a hands-on request on highways (1) and on other roads (2); no inhibiting those manoeuvres based on detected driver state (3); lateral acceleration above the regulation's limit (4); and letting the system exceed the detected speed limit to match surrounding traffic (5). The fifth is the one Sweden and France have publicly objected to.

    Source: Tesla, Article 39 – FSD (Supervised) Dashboard, "Summary of Requested Exemptions"

    The vote

    Five states in. Sixty-five percent needed.

    A qualified majority in the TCMV is a double threshold: a count of states and a share of population. The approving states clear neither.

    EU population, 1 Jan 2025
    5 / 27
    states where the system is permitted (15 needed)
    8.9%
    of EU population covered (65% needed)
    deaths per day, 2025 average, in the other states

    Germany, France, Italy and Spain alone hold 58% of the EU's population. No qualified majority exists without at least three of them. France said on 22 July it would not adopt the Dutch approval nationally and wants EU-wide sign-off with changes first. Germany's KBA is running its own evaluation. Sweden's transport agency has asked the committee to vote no unless the speed-limit offset is removed.

    The committee meets only every few months. It heard the Dutch presentation on 5 May, discussed the file again on 30 June without voting, and the next slot on which a vote is expected is 6 October 2026. If that passes, the Commission adopts the act and the Dutch approval becomes valid across the Union. If it fails or slips, the next realistic window is December.

    By country

    Where the toll falls

    2025 road deaths from the ETSC PIN panel, the same national series the European Commission uses. Live columns use the start date selected in the header.

    Country Status Deaths 2025 Per day Per day, relative Since start Preventable, every car

    Approved states count until the day they permitted the system, so with the default start date the Netherlands contributes nothing and Belgium contributes 10 April to 10 June. Luxembourg's 2025 figure is an ETSC estimate. "Preventable, every car" applies the current assumption-panel settings for the first scenario.

    Tesla's evidence

    What the dashboard says

    Tesla published its Article 39 evidence dashboard on 1 September 2026, the same file it says it shared with all member states in April. These are the figures the counter leans on.

    4.1×
    fewer crashes on FSD (Supervised) than manual driving
    100 million km, customer fleet, five EU states, April–August 2026. Tesla Europe, 1 Sep 2026.
    70,000+
    customers using it in the five approving states
    Driving over 1 million km per day on the system, about 14 km per customer per day.
    3 vs 142
    collisions, FSD vs manual, in the Netherlands
    23.6 million km on FSD against 311.6 million km manual, 10 April to 5 June 2026: 0.13 vs 0.46 per million km.
    40–69%
    fewer major collisions than Teslas driven manually with active safety on
    North American customer fleet, 2025, by road class (IRR 0.31–0.60). 71–90% fewer than Teslas without active safety.
    993,940
    FSD miles by Tesla's European engineering fleet, zero collisions
    Eight countries; Germany, Spain and the Netherlands lead. Manual comparison fleet: 1.95 million miles, also zero.
    230,000+
    scripted scenario tests in six European cities, 99%+ pass
    Amsterdam, Munich, Barcelona, Rome, Paris, Copenhagen. Weakest categories: stop signs 92.9%, bus-lane avoidance 92.9%, highway exits 94.1%.

    The one number that connects Tesla's evidence to European roads is the 4.1× ratio, and it deserves a careful reading. It compares FSD-engaged kilometres with manually driven kilometres in Teslas, using Tesla's own telemetry, with a collision defined as a speed change of at least 8 km/h or an airbag deployment, and the system counted as engaged if it was active within five seconds of impact. It is a ratio of collisions, not of deaths. Tesla publishes no fatality comparison.

    The dashboard's regional comparison is also worth knowing. European Teslas driven manually already crash far less than North American ones (about 40–45% fewer major collisions per mile, by road class). Against that safer European baseline, North American FSD data shows no measurable advantage on highways and local roads, a 16% advantage on urban collectors, and a 43% advantage on arterials. The 4.1× figure comes from later, EU-only customer data that Tesla has not yet broken down by road class in public.

    "The statistical comparisons presented should be interpreted as observational associations under stratified exposure conditions, not as causal estimates from a randomized experiment." Tesla, Article 39 – FSD (Supervised) Dashboard, Overview, "Methodological Note on Exposure Controls"

    Objections

    Why the vote hasn't happened

    The states and safety bodies holding this up have said what they object to. Their case, in their words, so the counter isn't arguing with a strawman.

    Sweden: the speed offset

    On 18 June the Swedish Transport Agency told the EU to reject the system unless its ability to exceed posted speed limits is removed. Tesla's exemption request 5 asks for exactly that ability; its Study 8 argues the car stays at or below the median speed of surrounding traffic in 98% of 680 sampled cases.

    Electrek, 18 Jun 2026; Tesla dashboard, Study 8

    France: attention in cities

    Transport minister Philippe Tabarot said on 22 July that "the safety trade-offs are not yet sufficient to authorize it as it currently stands", citing speeding and inattention in urban settings and during lane changes, intersections and roundabouts. France wants an EU-wide framework rather than national adoption.

    Electrek, 22 Jul 2026

    ETSC: the process itself

    The European Transport Safety Council called the Article 39 route an opaque procedure that turns one nation's approval into EU policy with no formal voice for road-safety experts, and warned that "the more capable an assisted driving system appears, the worse drivers become at supervising it". It points to two open US NHTSA investigations into FSD.

    ETSC, 30 Apr 2026

    Koopman: the baseline

    Safety researcher Phil Koopman's critique of Tesla's crash-rate reports: new Teslas are compared with old cars; FSD accumulates easier miles and hands back control in hard conditions; crashes are self-reported from telemetry; the five-second attribution window is narrower than NHTSA's thirty. His conclusion is that the reports establish "nothing useful about the practical safety of FSD".

    Phil Koopman, 17 Nov 2025

    Assumptions

    Change the numbers

    Every factor in the two derived figures is a slider. The defaults are the most defensible values found in the sources; the ranges cover the plausible disagreement.

    0
    preventable so far, every car at FSD's crash rate
    0
    preventable so far, Teslas only (what the vote decides)
    0
    per year at that rate, every car
    across the states that currently block it
    0
    per year at that rate, Teslas only
    at today's fleet and hardware mix

    The gap between the two columns is the honest shape of this argument. Tesla's claim, taken at face value, implies a technology that could remove most of Europe's road deaths. The decision on 6 October unlocks that technology for roughly half a percent of the kilometres driven in the blocking states, on the Teslas that have the hardware for it. The first column is about what regulation of this class of system is worth; the second is about what this vote is worth.

    Sources

    Where every number comes from

    1. Tesla Europe, Middle East & Africa on X, "An update on FSD Supervised in Europe", 1 Sep 2026. x.com/teslaeurope/status/2094661569582096779
    2. Tesla, "Article 39 – FSD (Supervised) Dashboard": Overview, Definitions, Study 1 Parts 4–5, Study 5 Parts 1, 7–8, Studies 6–8. tesla.com/fsd-evidence-dashboard
    3. ETSC, 20th Road Safety Performance Index (PIN) Report, June 2026, background tables, Table 1: road deaths by country 2019–2025. etsc.eu · tables (xlsx)
    4. European Commission, "EU road deaths drop by 3% in 2025", 24 Mar 2026: 19,400 provisional deaths, 43 per million, breakdown by road user. transport.ec.europa.eu
    5. European Road Safety Observatory, Annual statistical report on road safety in the EU 2026, Table 15: fatalities by mode and main collision opponent, EU 2024 (basis for the 70% "crash involved a car" factor). PDF
    6. Eurostat, population on 1 January 2025 (demo_gind), retrieved 4 Sep 2026. ec.europa.eu/eurostat
    7. Regulation (EU) 2018/858, Article 39, "EU type-approvals for vehicles, systems, components or separate technical units incorporating new technologies or new concepts". eur-lex.europa.eu
    8. Electrek, "Tesla gets FSD Supervised approved in the Netherlands", 10 Apr 2026. electrek.co
    9. Electrek, "Tesla announces expected FSD approval date in Europe, regulators deny", 24 Nov 2025. electrek.co
    10. Electrek, "Tesla 'FSD' faces EU regulator skepticism over speeding, safety", 5 May 2026. electrek.co
    11. Electrek, "Sweden tells EU to reject Tesla 'FSD' unless speeding is removed", 18 Jun 2026. electrek.co
    12. Electrek, "France won't approve Tesla 'FSD' yet, wants EU-wide sign-off first", 22 Jul 2026. electrek.co
    13. FSD Europe Tracker, per-country status and TCMV dates, retrieved 4 Sep 2026. fsd-eu-tracker.de
    14. ETSC, "Tesla approval pushes Europe towards a road safety cliff edge", 30 Apr 2026. etsc.eu
    15. Phil Koopman, "New Tesla FSD safety data", 17 Nov 2025. philkoopman.substack.com
    16. EVwire, Netherlands FSD (Supervised) safety data, 9 Jun 2026: 3 collisions in 23.6M km vs 142 in 311.6M km. evwire.com
    17. EVXL, "Tesla FSD hits 50 million kilometers in Europe", 14 Jul 2026. evxl.co
    18. ACEA, "Vehicles on European roads", 2026 edition: about 260 million passenger cars in use in the EU. acea.auto
    19. RDW registration data via allecijfers.nl: 118,966 Teslas registered in the Netherlands as of 10 Aug 2026. allecijfers.nl
    20. Tesla fleet share (EU27 about 1.1 million Teslas, about 0.55 million on Hardware 4) is this page's own estimate from annual European registrations 2013–2025 (ACEA, national registries) less the UK, Norway and Switzerland, and the Hardware 4 introduction in mid-2023. Treat it as ±30%.