Tesla CEO Elon Musk stated in a social media post on Thursday that owners can text and drive with the latest version of the company’s Full Self-Driving (Supervised) software. This claim comes despite texting while driving being illegal in most states. Musk was replying to a user who noted the new software update did not flash a warning when he used his phone while driving. Musk wrote that the update allows this behavior depending on the context of surrounding traffic, though he provided no further details. Tesla does not have a public relations team to elaborate, and Musk did not respond to a request for comment.
Nearly all fifty states have banned texting while driving, and approximately half have outlawed any handheld phone use behind the wheel according to U.S. Bureau of Transportation Statistics.
Despite ongoing promotion, Full Self-Driving remains a driver-assistance system and does not make Tesla vehicles fully autonomous. Drivers are warned by Tesla to keep their hands on the wheel even when FSD is engaged and remain legally responsible. The system uses a combination of an in-cabin camera and steering wheel sensors to monitor driver attentiveness. Because it is not full autonomy, drivers must be prepared to take control if the system encounters an unmanageable situation. This transfer of control is often a key factor in crashes involving driver assistance systems.
Musk has previously acknowledged that Tesla’s standard Autopilot system sometimes made drivers overly complacent and confident. Regulators have identified more than a dozen fatal crashes where Autopilot was active.
The National Highway Traffic Safety Administration is currently investigating the FSD software after receiving more than fifty reports of it running red lights or crossing into wrong lanes. The agency is also probing reports of crashes in low-visibility conditions. NHTSA did not immediately respond to a request for comment.
Separately, Tesla is nearing the conclusion of a long legal battle with the California Department of Motor Vehicles over how it has marketed FSD and Autopilot. During hearings in July, the DMV accused Tesla of misleading customers for years by suggesting their cars can drive themselves. The state agency has asked a judge to suspend the company’s sale and manufacturing of its cars in California for at least thirty days. A decision in that case is expected by the end of this year.