Elon Musk announced Thursday that Tesla’s all-new fully autonomous driving software allows drivers to use their phones while operating a vehicle, a practice banned in almost every U.S. state.
Key points to remember:
Tesla’s updated FSD software no longer alerts drivers using phones while the system is operating, with Musk citing “surrounding traffic context” as a determining factor. Texting while driving remains illegal in almost all 50 states, about half of which ban all cell phone use altogether. Federal investigators are already looking into more than 50 incidents involving FSD running red lights or swerving into the wrong lane.
Tesla CEO’s statement on X raises immediate questions about liability and regulatory compliance.
Musk responded to a user who noticed that the latest FSD update removed warnings for using the phone while operating. The CEO provided little explanation, emphasizing that the system adjusts based on traffic conditions. Tesla’s lack of a PR department means no further clarification is available. Musk did not respond to requests for comment.
The announcement creates a direct conflict with current traffic laws. Data from the U.S. Bureau of Transportation Statistics shows that texting while driving is banned in almost all states, while about 25 states have banned cell phone use altogether.
FSD remains a driver assistance system and not autonomous technology. Tesla initially required drivers to keep their hands on the steering wheel while FSD was operating. This restriction was later dropped, replaced by in-cab camera monitoring to verify that drivers are watching the road.
The system combines cabin cameras with steering wheel sensors to track the driver’s attention. Because FSD functions as an assist rather than a stand-alone, drivers must be prepared to take back manual control when the software encounters scenarios it cannot handle. These transfer moments frequently contribute to accidents involving driver assistance technologies.
Musk previously acknowledged that Autopilot, Tesla’s standard driver assistance feature, sometimes created overconfidence among drivers. Federal regulators have documented more than a dozen fatal crashes with Autopilot engaged.
The National Highway Traffic Safety Administration is currently investigating FSD following reports of red light violations and improper lane use in more than 50 cases. Another investigation examines FSD-related accidents occurring in poor visibility. The NHTSA has not yet commented on Musk’s latest announcement.
Tesla faces ongoing lawsuits from the California Department of Motor Vehicles regarding FSD and Autopilot marketing practices. During the July hearings, the DMV accused Tesla of deceiving its customers for years by suggesting their vehicles could operate independently. The agency has asked a judge to suspend Tesla’s manufacturing and sales operations in California for at least 30 days. A decision is expected before the end of the year.
Written by Alius Noreïka
Originally published in The European Times.
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