Musk claims new Tesla software enables texting while driving, despite being illegal in most states

Elon Musk, CEO of Tesla, revealed on X Thursday that the latest iteration of the companys Full Self-Driving (Supervised) software enables drivers to use their phones while behind the wheel, even though this practice is prohibited in most U.S. states. The announcement came in response to a user who noticed that the recent FSD update did not display a warning when using a phone while driving.

Musk noted that the features functionality depends on the context of surrounding traffic, but he did not provide further clarification. Tesla lacks a dedicated public relations team to address inquiries, and Musk has not replied to email requests for comment.

According to the U.S. Bureau of Transportation Statistics, almost all states ban texting while driving, and approximately half prohibit any handheld phone use on the road. Despite Musks ongoing promotion, FSD remains a driver-assistance tool rather than a fully autonomous system. Tesla advises drivers to keep their hands on the wheel, and they remain responsible for the vehicle.

The software monitors driver attention using in-cabin cameras and steering wheel sensors. Because FSD is not fully autonomous, drivers must be prepared to take control in situations the system cannot manage, and these handovers are often linked to accidents involving driver-assistance technologies.

Musk has previously acknowledged that Autopilot, Teslas standard driver-assistance system, can lead to overconfidence among drivers. Federal regulators have identified multiple fatal crashes involving Autopilot. The National Highway Traffic Safety Administration (NHTSA) is now reviewing FSD following reports of the system running red lights, crossing into incorrect lanes, and incidents in poor visibility. NHTSA has not yet provided comments.

Additionally, Tesla is concluding a lengthy legal dispute with the California Department of Motor Vehicles concerning how the company markets FSD and Autopilot. In hearings held in July, the DMV claimed Tesla misled consumers by implying its vehicles could drive autonomously. The agency has requested a temporary suspension of Teslas vehicle sales and production, with a decision expected by year-end.

Analysis: Tesla's FSD Update Raises Safety and Regulatory Concerns

The recent revelation by Elon Musk that Tesla’s Full Self-Driving (FSD) software allows phone use while driving underscores ongoing safety challenges. Although Musk emphasized that functionality depends on “traffic context,” the lack of explicit safeguards or warnings raises questions about driver responsibility and legal compliance.

Federal data indicate that nearly all U.S. states restrict texting while driving, and about half ban handheld phone use. Tesla’s advisory to keep hands on the wheel contrasts with the system’s capabilities, creating potential for overreliance. Historical incidents with Autopilot have already shown how driver overconfidence can result in fatal accidents.

Regulatory scrutiny is intensifying. NHTSA is reviewing FSD amid reports of red-light violations, lane errors, and poor visibility issues, while the California DMV is evaluating claims of misleading marketing. The outcome of these reviews may impact Tesla’s operational and legal framework in the coming months.

In summary, the FSD update highlights the tension between advancing driver-assistance technology and ensuring safety and regulatory compliance. Users must remain vigilant, and Tesla faces mounting pressure to clarify system limitations and enforce responsible use.

Sources:

• Musk says new Tesla software allows texting and driving, which is illegal in most states