Tesla driving in Switzerland with Swiss flag in the background

Switzerland Draws Clear Line on Tesla FSD Supervised: Level 2 Systems Require Full Driver Attention

The Federal Roads Office (ASTRA) has responded to enquiries about Tesla’s “Full Self-Driving (FSD) Supervised” system, outlining Switzerland’s progressive yet clearly defined approach to automated driving. The response emphasises Switzerland’s long-standing commitment to innovation while maintaining strict legal standards for driver responsibility.

Switzerland’s Approach to Mobility Automation

Switzerland (both politically and socially) and ASTRA want to harness the potentials of automation (road safety, efficiency, availability, and environmental compatibility) as quickly as possible. For over 10 years, they have run numerous innovative pilot applications at SAE Levels 4 and 5 in real-world 1:1 scale testing, while creating a highly modern road traffic law based on the principle of enabling innovation.

Legal Framework: Driver Responsibility at Levels 0-2

According to Article 31 of the Road Traffic Act (SVG), the driver must control their vehicle at all times in such a way that they can fulfil their duties of care and caution. This central fundamental principle is strictly applied:

“This practice means that the driver must always devote their full attention to the road and traffic. Distractions are prohibited as soon as they impair vehicle operation. This fundamental principle applies to vehicles with SAE Levels 0 to 2.”

It is only with legally approved Level 3 that this principle is relaxed. Under certain conditions, the driver is no longer required to maintain constant and complete attention. Responsibility can transfer from the driver or vehicle keeper to the manufacturer.

ASTRA views this as a “fair deal” so customers truly understand which rights and obligations they have depending on the automation systems they use. This is seen as an absolute prerequisite for the medium- and long-term success of mobility automation.

Classification of Tesla FSD Supervised

Tesla’s “Full Self-Driving (FSD) Supervised” is classified by ASTRA as a Level 2+ system. According to the regulations in force in Switzerland:

“The steering wheel may only be released in vehicles equipped with a full automation system. This is not permitted in vehicles with driver assistance systems (i.e., systems at Level 2 or below Level 3).”

The letter stresses that Level 2 systems are installed in many products, available on the market, and in use by the hundreds of thousands. They can provide additional safety, provided drivers are clearly informed that they remain fully responsible at all times and must maintain full and undivided concentration.

Otherwise, drivers may face fines and, in the event of an accident, painful recourse claims from insurance companies. ASTRA believes it is at least unfair towards customers and other road users to suggest that Level 2 systems could be used like Level 3 systems while responsibility implicitly remains solely with the driver.

Current Status of FSD in Switzerland

Based on an ASTRA permit, test drives with the FSD system are currently being conducted in Switzerland on a trial basis.

There is currently no application for general approval of Tesla’s driver assistance system “Full Self-Driving (FSD) Supervised”.

ASTRA is always very open to new technologies. Should Tesla submit an approval application, ASTRA will examine it with great interest in the interest of road safety and under the premise of a transitional technology. Communication with customers will play a key role, as they must be fully aware of their constant and undivided responsibility at all times.

Looking Ahead: Unlocking the Real Potential

ASTRA assumes that in the near future manufacturers will trust their own systems enough to bring them to market as Level 3 vehicles and thereby assume their share of responsibility. Switzerland’s future scenarios are built upon this.

“Only then can the potential of automated driving be realised in practice.”

The full response from the Federal Roads Office is available in the original message (linked below in sources).

FAQ

What is Switzerland’s position on Tesla FSD Supervised?

The Federal Roads Office (ASTRA) classifies “Full Self-Driving (FSD) Supervised” as a Level 2+ driver assistance system. Under current Swiss road traffic law (Article 31 SVG), the driver must control the vehicle at all times and devote full attention to the road and traffic. Releasing the steering wheel is not permitted in Level 2 systems.

Can drivers release the steering wheel with FSD Supervised in Switzerland?

No. According to ASTRA, the steering wheel may only be released in vehicles equipped with a full automation system (legally approved Level 3 or higher). Level 2 systems like FSD Supervised are treated like vehicles of Levels 0 or 1. The driver remains fully responsible at all times.

Are test drives with FSD Supervised allowed in Switzerland?

Yes. Based on an ASTRA permit, test drives with the FSD system are currently being conducted in Switzerland on a trial basis. There is currently no application for general approval of Tesla’s driver assistance system “Full Self-Driving (FSD) Supervised”.

Will Switzerland approve FSD Supervised for general use?

ASTRA is very open to new technologies. Should Tesla submit an approval application, the ASTRA will examine it with great interest in the interest of road safety and under the premise of a transitional technology. Clear communication with customers about their constant responsibility will play a key role.

How does Switzerland distinguish between Level 2 and Level 3 automation?

Level 2 systems still place the driver under the same constant obligation as before. The great potential of automation (predictable responsibility shift to the manufacturer) only unlocks at Level 3. Switzerland has a “fair deal” approach so customers understand their rights and obligations clearly.

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