Tesla’s Full-Self Driving Software Is A Mess. Should It Be Legal?

Key Concepts

• Full Self-Driving (FSD): Tesla's advanced driver-assistance system.
• Level 2 Automation: A category of driver-assistance technology requiring driver supervision.
• NHTSA (National Highway Traffic Safety Administration): The US agency responsible for vehicle safety regulations.
• Autopilot: Tesla's more limited driver-assistance system compared to FSD.
• Driver Monitoring: Systems designed to ensure the driver is paying attention while using driver-assistance features.

Assessment of Tesla's Full Self-Driving (FSD)

• Error-Prone Performance: A Forbes assessment of FSD version 13.2.9 (with Hardware 4 on a 2024 Model Y) revealed several errors during a 90-minute test drive in Los Angeles.
  • Ignored standard traffic signs and posted speed limits.
  • Failed to slow down at a pedestrian crossing with a flashing sign and people present.
  • Made pointless lane changes.
  • Accelerated at odd times, such as while exiting a crowded freeway with a red light at the end of the ramp.
  • The issue of stopping for a flashing school bus sign, identified two years prior, remains unresolved.
• Legality Question: The article questions the legality of FSD in its current state, given the numerous and easily discoverable problems. The feature costs $8,000 upfront plus a $99 monthly subscription.

Regulatory Oversight and Loopholes

• Lack of Regulation: Driving assist systems are largely unregulated, meaning there are no specific legal concerns about FSD's operation.
  • Missy Cummings (George Mason University professor and AI expert): "Driving assist systems are unregulated, so there are no concerns about legality. NHTSA has the authority to step in, but up to now, they've only stepped in for poor driver monitoring."
• NHTSA's Role: NHTSA has the authority to regulate these systems but has primarily focused on driver monitoring to ensure attentiveness.
• Self-Certification: Car manufacturers are responsible for certifying that their vehicles and technologies meet federal safety standards. NHTSA does not pre-approve new technologies.
  • NHTSA Spokesperson: "NHTSA will take any necessary actions to protect road safety" if an investigation finds a system to be unsafe.
• Tesla's Description to NHTSA: Tesla describes FSD as Level 2 partial automation requiring a fully attentive driver engaged in the driving task at all times.

Elon Musk's Promotion and Financial Incentives

• Aggressive Promotion: Elon Musk promotes Tesla as a major player in autonomous driving, both for robo taxis and personally owned vehicles.
• Financial Stake: Musk's compensation package includes milestones tied to the deployment of 1 million Tesla robo taxis and 10 million active FSD users.
• Exaggerated Claims: Musk has made statements suggesting FSD significantly improves quality of life and safety.
  • Elon Musk: "Tesla's self-driving massively improves your quality of life and safety for the thousands of life hours you're in a car."
• Misleading Marketing: Tesla promotes FSD with videos showing seemingly flawless performance.

Legal and Reputational Challenges

• Class Action Lawsuit: Tesla owners have filed a federal class action lawsuit over Musk's exaggerated claims about FSD and Autopilot.
• DMV Scrutiny: California's DMV is attempting to bar Tesla from using the terms "FSD" and "Autopilot" for its features in the state.
• Legal Setbacks:
  • A Florida jury found Tesla partially responsible for a fatal 2019 crash involving Autopilot, ordering the company to pay $243 million in damages (Tesla is appealing).
  • Tesla settled two other lawsuits related to crashes in California linked to Autopilot.
• NHTSA Investigation: NHTSA opened an investigation into Tesla's failure to report FSD and Autopilot accidents in a timely manner.

Synthesis/Conclusion

The Forbes report highlights the discrepancy between Tesla's marketing of FSD as a near-autonomous system and its actual performance, which remains error-prone. The lack of specific regulations for Level 2 driver-assistance systems allows Tesla to promote FSD aggressively, despite safety concerns and legal challenges. While NHTSA has the authority to intervene, its focus has primarily been on driver monitoring, creating a loophole that Tesla exploits. The increasing scrutiny from regulators, legal setbacks, and class-action lawsuits suggest a growing awareness of the risks associated with FSD and the potential for misleading marketing practices.