Elon Musk said in an X comment on Thursday that Tesla’s latest Full Self-Driving (Supervised) update lets drivers text and use their phones in some traffic situations. But here’s the problem: Texting while driving is illegal in nearly all 50 US states.
Musk replied to a user who noticed the newest FSD build no longer flashed a warning when they used their phone behind the wheel. The CEO explained that the update allows this “depending on the context of surrounding traffic,” meaning Tesla is relaxing driver-monitoring limits in certain conditions, such as slow or stopped traffic.
State police officials say there are no legal carve-outs that allow drivers to use their phones behind the wheel simply because a driver-assistance system is engaged. Around half of the US states ban any handheld phone use while driving, while others specifically prohibit texting. This means drivers can still face citations under existing distracted-driving laws regardless of FSD notifications.
Tesla brands FSD as “Full Self-Driving (Supervised),” but regulators classify it as a Level 2 driver-assistance system requiring constant human supervision. The system uses in-cabin cameras and steering-wheel sensing to monitor driver attention. When FSD cannot handle a situation, the driver must take over.
Tesla is nearing the end of a legal battle with the California Department of Motor Vehicles, which says the company misled consumers by marketing Autopilot and FSD as self-driving systems. The DMV asked a judge to suspend Tesla’s license to sell and manufacture vehicles in California for at least 30 days. A decision is expected by year’s end.