NHTSA launches new Tesla ‘Full Self-Driving’ investigation on nearly 2.9 million vehicles

The National Highway Traffic Safety Administration (NHTSA) has launched an investigation of Tesla’s “Full Self-Driving” software in nearly 2.9 million vehicles.

NHTSA’s Office of Defects Investigation (ODI) opened a preliminary evaluation on Oct. 7 “to assess the scope, frequency, and potential safety consequences of FSD executing driving maneuvers that constitute traffic safety violations.”

The investigation involves supervised FSD and FSD Beta operating on the following models:

• • 2023-2026 Cybertruck
  • 2017-2026 Model 3
  • 2016-2025 Model S
  • 2016-2025 Model X
  • 2020-2026 Model Y

Tesla characterizes FSD as an SAE Level 2 partial automation system that requires a fully attentive driver engaged in driving tasks at all times, according to the investigation report.

ODI says its investigation will focus on whether certain driving inputs, within the control authority of FSD, prevent the driver from supervising the vehicle when they are unexpectedly performed.

“ODI has identified a number of incidents in which the inputs to the dynamic driving task commanded by FSD induced vehicle behavior that violated traffic safety laws,” the report states. “Although reports of this nature span a variety of behaviors, the reports appear to most commonly involve two types of scenarios.

“The first type of scenario involves a vehicle operating with FSD proceeding into an intersection in violation of a red traffic signal. The second type of scenario involves FSD commanding a lane change into an opposing lane of traffic.”

ODI says there have been 18 complaints and one media report that allege a Tesla vehicle, operating at an intersection with FSD engaged, failed to remain stopped for the duration of a red traffic signal, to stop fully, or to accurately detect and display the correct traffic signal.

Some complainants also allege that FSD didn’t provide warnings of the system’s intended behavior as the vehicle was nearing a red traffic signal.

ODI has identified six Standing General Order (SGO) reports in which a Tesla vehicle, operating with FSD engaged, approached an intersection with a red traffic signal, continued to travel into the intersection against the red light, and was subsequently involved in a crash with other motor vehicles in the intersection.

The SGO requires manufacturers, developers, and operators to report a crash to NHTSA within five days if automated driving systems (ADS), which include SAE Levels 3 through 5, were in use at any time within 30 seconds of the crash resulting in certain property damage or injury.

The same reporting requirement applies to Level 2 ADAS if the crash involved a vulnerable road user being struck or resulted in a fatality, an air bag deployment, or any individual being transported to a hospital for medical treatment.

Of the six reported FSD incidents, four crashes resulted in one or more reported injuries. At least some of the incidents appeared to involve FSD proceeding into the intersection after coming to a complete stop, ODI said.

“ODI’s pre-investigative work, including coordination with the Maryland Transportation Authority and State Police, indicated that the problem may be repeatable, given that multiple subject incidents occurred at the same intersection in Joppa, Maryland,” the report states. “NHTSA understands that Tesla has since taken action to address the issue at this intersection.”

As for incidents occurring under the second type of scenario, ODI has identified two SGO reports, 18 complaints, and two media reports alleging that a Tesla vehicle, operating with FSD engaged, entered opposing lanes of travel during or following a turn, crossed double-yellow lane markings while proceeding straight, or attempted to turn onto a road in the wrong direction despite the presence of wrong-way road signs.

ODI has also identified four SGO reports, six complaints, and one media report alleging that a Tesla vehicle, operating with FSD engaged, proceeded straight through an intersection in a turn-only lane or executed a turn at an intersection in a through lane despite the presence of lane markings or signals.

Complaints also allege that FSD didn’t provide warnings of the system’s intended behavior. ODI notes that some complaints allege that more than one of the failures occurred, and, as such, the numbers are not cumulative.

Some of the reported incidents appeared to involve FSD executing a lane change into an opposing lane of travel with little notice to the driver or opportunity to intervene.

“ODI’s review will assess whether there was prior warning or adequate time for the driver to respond to the unexpected behavior or to safely supervise the automated driving task,” the report says.

ODI says its review will assess:

• • “Any warnings to the driver about the system’s impending behavior;
  • “The time given to drivers to respond;
  • “The capability of FSD to detect, display to the driver, and respond appropriately to traffic signals; and
  • “The capability of FSD to detect and respond to lane markings and wrong-way signage.”

NHTSA’s review will consider any updates or modifications to the system(s) that may affect FSD performance in obeying traffic safety laws and signals.

“While the behaviors under investigation appear to occur most frequently at intersections, NHTSA’s investigation will encompass any other types of situations in which this behavior may arise, such as when traveling adjacent to a lane of opposing traffic or when approaching railroad crossings,” the report says. “If other evidence received during this investigation involves other types of traffic safety violations, those may be considered as part of this assessment as well.”

An October 2024 NHTSA investigation into Tesla FSD’s alleged involvement in a fatality remains open. An NHTSA investigation launched in August of this year remains open as well. It involves determining why Tesla violated the crash report SGO by submitting reports months late.

Also in August, a Florida jury awarded the estate of a woman killed in a Tesla Autopilot-involved crash nearly $243 million, having found Tesla 33% responsible.

Tesla was sued by the family of Naibel Benavides Leon, 22, who was killed in April 2019 after being struck by a 2019 Model S driven by George McGee. A similar suit filed by her boyfriend, Dillon Angulo, for the injuries he sustained in the crash was later consolidated with the Leon case.

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