Tesla’saggressive marketing of its Full Self-Driving (FSD) software has drawn the attention ofthe National Highway Traffic Safety Administration (NHTSA), which is concerned that the company’s social media posts are misleading the public into believing FSD is a fullyautonomous system capable of operating as a robotaxi.
The NHTSA’s concerns stem from a series of social media posts highlighting FSD’s capabilities, includinginstances where users relied on the system for long-distance trips and even during medical emergencies. One post, for example, described a user who used FSD to drive 13 miles to a hospital during a heart attack. Another showcased a 50-minute journey home from a sporting event using FSD.
We believe that these social media posts are inconsistent with Tesla’s consistent claim that drivers must remain in control of the vehicle at all times, the NHTSA statedin a letter to Tesla. The agency specifically pointed to posts on X (formerly Twitter) that suggested FSD was a fully automated system, rather than a partially automated system that requires drivers to remain vigilant and intervene when necessary.
The NHTSA’s concerns are not unfounded. In October, the agency launched an investigation into2.4 million Tesla vehicles equipped with FSD software following four accidents, including a fatal crash in 2023 that occurred under challenging conditions of glare, fog, and dust.
Tesla has defended its marketing, arguing that its owner’s manuals and other materials clearly state that FSD is not a fullyautonomous system and that drivers must remain alert. However, the NHTSA’s investigation suggests that Tesla’s messaging may not be sufficiently clear to the public.
The NHTSA has requested Tesla to respond to a series of questions by December 18th, focusing on the effectiveness of FSD in low-visibility conditions and whether the system provides adequate feedback to drivers to ensure they can intervene when FSD is unable to handle a situation.
This latest development underscores the ongoing debate surrounding the safety and reliability of advanced driver-assistance systems (ADAS) like FSD. While Tesla and other companies tout the potential of these systems to improve safetyand convenience, regulators are increasingly concerned about the potential for misuse and the need for clear and accurate communication about their limitations.
This case highlights the importance of responsible marketing and clear communication when it comes to emerging technologies, particularly those with the potential to impact public safety. As ADAS systems continue to evolve, it is crucialfor both manufacturers and regulators to work together to ensure that consumers have a clear understanding of their capabilities and limitations.
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