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Realisticaly, i think FSD has the potential to be level 3 officially and probably some car makers have the tech to do it too BUT in the EU, if the car has a level 3 autonomous driving, the car maker becomes legally responsible of accidents when the driving conditions are met ( most EU states limit it to highways). For the time being,only Mercedes had the courage to try it (probably because they have ample knowledge of driving assistance through their trucking production.)
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Sorry about it, mixed up the two. I’m an empty head.