Tesla calling its cars ‘full self-driving’ may violate new California law

The electric vehicle company’s continued marketing of its fully self-driving option — despite its admission that the technology is not autonomous — disregards a specific aspect of state regulations.

California, the main US market for Tesla’s electric vehicles, enacted a new law as early as 2023 that requires automakers and dealers to avoid “misleading marketing” partially self-driving technology as fully autonomous . So far, though, Tesla is ignoring a key element of that rule change as it continues to promote its so-called full self-driving feature to California customers, even though the company has acknowledged that it will test its cars. Doesn’t make it fully autonomous.

The rule, signed into law by Governor Gavin Newsom last September, states that “a manufacturer or dealer shall not name any partial driving automation feature, or describe any partial driving automation feature in marketing materials that Uses language or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle. A clear description of the capabilities and limitations of partially automated driving features Directs dealers and manufacturers (Tesla has both under California law) to give.

“It’s marketing the feature as full self-driving, I think, which clearly lulls drivers into a false sense of complacency.”

Adam Kovacevich, CEO, Chamber of Progress

As of January 4, however, California-based customers ordering Teslas directly from the company’s website—the only place available for sale—are still asked whether they want to add the $15,000 full self-driving option to the vehicles they are configuring. Huh. While the website notes that “the currently enabled features require active driver supervision and do not make the vehicle autonomous,” continued use of the feature name would appear to directly violate the new law.

“Calling driver assistance software self-driving is fundamentally unsafe. So it’s up to the DMV to really enforce it,” said Adam Kovacevich, CEO of the Chamber of Progress, an interest group on the marketing of self-driving technology. Insisting on strong rules. “Tesla’s software is amazing driver automation software, but it’s not autonomous vehicle software. It’s marketing the feature as full self-driving, I think that clearly lulls drivers into a false sense of complacency.” Is.

Tesla’s description of its full self-driving features notes that it doesn’t actually enable autonomous driving.

Tesla

California Department of Motor Vehicles reported forbes by email that it would “send a notice to industry customers discussing the new law and the potential effects of noncompliance.”

It also said it filed charges in July 2022 against Tesla’s manufacturer and dealer licenses in California for misleading and false advertising regarding the use of the terms “full self-driving” and “autopilot” before the new law went into effect. ‘ Described. The DMV is in the discovery phase of the proceedings and will not comment further on the allegations until the process is complete.

Tesla did not respond to requests for comment.

The California rule, the first of its kind in the US, was created to reduce confusion among drivers who mistakenly think their vehicles can operate autonomously without any hands on the wheel or the need to pay attention. Huh. Currently, the National Highway Traffic Safety Administration is reviewing dozens of accidents involving Tesla’s partially automated driving features, including some fatal ones. While the company informs drivers that they need to be prepared to monitor road conditions and take control of their vehicles, Tesla fans regularly post videos touting the Tesla’s purported self-driving capabilities. Huh.

“This legislation is extremely important to help keep people safe on our roads,” said California Senator Lina Gonzalez, author of the state law. forbes by email. “My office is in communication with the Department of Motor Vehicles … and other state agencies to ensure that drivers are safe and aware of the capabilities of their vehicles.”

According to the Washington-based Chamber of Progress, each violation of the California marketing rule is initially punishable with a fine of up to $250. If Tesla doesn’t change its marketing language and maintain the same amount of sales in California in the first half of the year as it did in the same period in 2022, the company could be on the hook for fines of up to $45 million. Maybe, this is a guess.

The controversy over Tesla’s use of both Autopilot and full self-driving to describe its features goes back years. Despite Musk’s claims, Tesla engineers and lawyers have previously told state and federal regulators that these features are not truly autonomous.

“There’s no doubt why the California Legislature bothered to pass a law: They wanted Tesla to stop calling this full self-driving. There’s no secret here,” Santa Clara University’s High Tech Law Institute K Law Professor and Co-Director Eric Goldman said. “We know that Elon Musk’s companies bear selective allegiance to regulations. Sometimes they comply with them. Sometimes they don’t.

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