The National Highway Traffic Safety Administration (NHTSA) has issued a formal warning to Tesla, claiming the company may be misleading consumers about the capabilities of its Full Self-Driving (FSD) system. According to the NHTSA, Tesla’s recent social media activity could be leading drivers to overestimate the system’s abilities, potentially putting lives at risk.
In a letter sent to Tesla in May, Gregory Magno, the head of NHTSA’s Office of Defects Investigation, highlighted Tesla’s use of social media to share posts that show drivers engaging in risky behaviors while using the FSD system. These posts, Magno argued, conflict with Tesla’s own guidelines, which instruct drivers to stay alert and ready to take control of the vehicle at any moment.
Tesla’s Social Media Posts Spark Alarm
The NHTSA’s concerns stem from Tesla’s posts on X (formerly Twitter), which appear to showcase drivers relying heavily on FSD. One post featured a driver reportedly using FSD to get to a hospital during a heart attack, while another showed a driver navigating home after a sporting event. According to Magno, these examples could mislead the public into thinking the FSD system is fully autonomous, akin to a “robotaxi,” even though it still requires human supervision.
The NHTSA’s letter warned that Tesla’s messaging on social media could create confusion, particularly among consumers who are unfamiliar with the technology. While FSD is marketed as a driver-assistance feature, it is still not capable of fully autonomous driving and requires the driver to be ready to intervene.
Tesla has been given until December 18 to respond to NHTSA’s concerns, with the potential for up to $135.8 million in penalties if the company fails to comply. Tesla can request an extension if needed.
Investigation into FSD Safety Risks
The NHTSA’s warning comes amid an ongoing investigation into potential safety defects in Tesla’s FSD system. The probe began after several incidents in which Teslas with FSD engaged were involved in accidents shortly after activation. One of these crashes tragically resulted in the death of a pedestrian in Arizona.
The investigation is focusing on how the FSD system performs in low-visibility conditions, such as sun glare, fog, or airborne dust, which can impair the vehicle’s sensors. The NHTSA is examining whether Tesla’s system provides adequate warnings to drivers in these situations, ensuring that drivers are aware when the system may not function properly and when their intervention is needed.
Marketing Terminology Under Fire
Tesla has long been criticized for its use of terms like “Autopilot” and “Full Self-Driving,” which some argue mislead consumers into thinking the system is fully autonomous. U.S. Transportation Secretary Pete Buttigieg has previously raised concerns that these names could cause drivers to underestimate the need for active supervision.
The latest NHTSA letter adds to these concerns, questioning whether Tesla’s FSD system will ever be ready for truly autonomous use without human oversight. CEO Elon Musk has repeatedly suggested that Tesla will achieve fully autonomous vehicles within the next few years, including plans for a “robotaxi” fleet with no steering wheel by 2026. However, this timeline has been subject to delays, and experts remain skeptical about the system’s readiness.
Tesla’s Response and Future of FSD
Tesla has not yet publicly responded to the NHTSA’s latest inquiry, but the company has previously emphasized the importance of human supervision when using FSD. In April, Tesla began offering a free trial of FSD, but promotional materials still showed drivers using the system in ways that appeared to downplay the need for constant vigilance. Some social media posts, for example, depicted drivers seemingly disengaged from the driving task, suggesting that the system could handle more than it realistically can.
The NHTSA is pushing Tesla to ensure its online messaging accurately reflects the capabilities and limitations of FSD. The agency is particularly interested in how Tesla alerts drivers when the system is unable to safely operate due to environmental factors or system limitations.
Regulatory Concerns and Musk’s Influence
As Tesla navigates these regulatory challenges, questions are also being raised about Musk’s potential influence over future regulations. Musk, a major supporter of President-elect Donald Trump, is reportedly being considered for a position on a government commission aimed at reducing federal spending and regulations, including those related to vehicle safety.
Critics worry that Musk’s involvement in shaping national regulations could undermine the independence of agencies like the NHTSA. Michael Brooks, executive director of the nonprofit Center for Auto Safety, voiced concerns that Musk’s influence might prevent thorough investigations into Tesla’s safety practices.
