US safety agency pressures Texas-based Tesla over full self-driving claims, crash concerns

The U.S. National Highway Traffic Safety Administration has raised concerns about Tesla's public messaging on its "Full Self-Driving" system. Photo via tesla.com

The U.S. government's highway safety agency says Tesla is telling drivers in public statements that its vehicles can drive themselves, conflicting with owners manuals and briefings with the agency saying the electric vehicles need human supervision.

The National Highway Traffic Safety Administration is asking the company to “revisit its communications” to make sure messages are consistent with user instructions.

The request came in a May email to the company from Gregory Magno, a division chief with the agency's Office of Defects Investigation. It was attached to a letter seeking information on a probe into crashes involving Tesla's “Full Self-Driving” system in low-visibility conditions. The letter was posted Friday on the agency's website.

The agency began the investigation in October after getting reports of four crashes involving “Full Self-Driving" when Teslas encountered sun glare, fog and airborne dust. An Arizona pedestrian was killed in one of the crashes.

Critics, including Transportation Secretary Pete Buttigieg, have long accused Tesla of using deceptive names for its partially automated driving systems, including “Full Self-Driving” and “Autopilot,” both of which have been viewed by owners as fully autonomous.

The letter and email raise further questions about whether Full Self-Driving will be ready for use without human drivers on public roads, as Tesla CEO Elon Musk has predicted. Much of Tesla's stock valuation hinges on the company deploying a fleet of autonomous robotaxis.

Musk, who has promised autonomous vehicles before, said the company plans to have autonomous Models Y and 3 running without human drivers next year. Robotaxis without steering wheels would be available in 2026 starting in California and Texas, he said.

A message was sent Friday seeking comment from Tesla.

In the email, Magno writes that Tesla briefed the agency in April on an offer of a free trial of “Full Self-Driving” and emphasized that the owner's manual, user interface and a YouTube video tell humans that they have to remain vigilant and in full control of their vehicles.

But Magno cited seven posts or reposts by Tesla's account on X, the social media platform owned by Musk, that Magno said indicated that Full Self-Driving is capable of driving itself.

“Tesla's X account has reposted or endorsed postings that exhibit disengaged driver behavior,” Magno wrote. “We believe that Tesla's postings conflict with its stated messaging that the driver is to maintain continued control over the dynamic driving task."

The postings may encourage drivers to see Full Self-Driving, which now has the word “supervised” next to it in Tesla materials, to view the system as a “chauffeur or robotaxi rather than a partial automation/driver assist system that requires persistent attention and intermittent intervention by the driver,” Magno wrote.

On April 11, for instance, Tesla reposted a story about a man who used Full Self-Driving to travel 13 miles (21 kilometers) from his home to an emergency room during a heart attack just after the free trial began on April 1. A version of Full Self-Driving helped the owner "get to the hospital when he needed immediate medical attention,” the post said.

In addition, Tesla says on its website that use of Full Self-Driving and Autopilot without human supervision depends on “achieving reliability" and regulatory approval, Magno wrote. But the statement is accompanied by a video of a man driving on local roads with his hands on his knees, with a statement that, “The person in the driver's seat is only there for legal reasons. He is not doing anything. The car is driving itself,” the email said.

In the letter seeking information on driving in low-visibility conditions, Magno wrote that the investigation will focus on the system's ability to perform in low-visibility conditions caused by “relatively common traffic occurrences.”

Drivers, he wrote, may not be told by the car that they should decide where Full Self-Driving can safely operate or fully understand the capabilities of the system.

“This investigation will consider the adequacy of feedback or information the system provides to drivers to enable them to make a decision in real time when the capability of the system has been exceeded,” Magno wrote.

The letter asks Tesla to describe all visual or audio warnings that drivers get that the system “is unable to detect and respond to any reduced visibility condition.”

The agency gave Tesla until Dec. 18 to respond to the letter, but the company can ask for an extension.

That means the investigation is unlikely to be finished by the time President-elect Donald Trump takes office in January, and Trump has said he would put Musk in charge of a government efficiency commission to audit agencies and eliminate fraud. Musk spent at least $119 million in a campaign to get Trump elected, and Trump has spoken against government regulations.

Auto safety advocates fear that if Musk gains some control over NHTSA, the Full Self-Driving and other investigations into Tesla could be derailed.

Musk even floated the idea of him helping to develop national safety standards for self-driving vehicles.

“Of course the fox wants to build the henhouse,” said Michael Brooks, executive director of the Center for Auto Safety, a nonprofit watchdog group.

He added that he can't think of anyone who would agree that a business mogul should have direct involvement in regulations that affect the mogul’s companies.

“That’s a huge problem for democracy, really,” Brooks said.

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A View From HETI

MP Materials gets a boost from Apple and Defense Department investments. Courtesy photo

MP Materials, which runs the only American rare earths mine, announced a new $500 million agreement with tech giant Apple on Tuesday to produce more of the powerful magnets used in iPhones as well as other high-tech products like electric vehicles.

This news comes on the heels of last week’s announcement that the U.S. Defense Department agreed to invest $400 million in shares of the Las Vegas-based company. That will make the government the largest shareholder in MP Materials and help increase magnet production.

Despite their name, the 17 rare earth elements aren’t actually rare, but it’s hard to find them in a high enough concentration to make a mine worth the investment.

They are important ingredients in everything from smartphones and submarines to EVs and fighter jets, and it's those military applications that have made rare earths a key concern in ongoing U.S. trade talks. That's because China dominates the market and imposed new limits on exports after President Donald Trump announced his widespread tariffs. When shipments dried up, the two sides sat down in London.

The agreement with Apple will allow MP Materials to further expand its new factory in Texas to use recycled materials to produce the magnets that make iPhones vibrate. The company expects to start producing magnets for GM's electric vehicles later this year and this agreement will let it start producing magnets for Apple in 2027.

The Apple agreement represents a sliver of the company's pledge to invest $500 billion domestically during the Trump administration. And although the deal will provide a significant boost for MP Materials, the agreement with the Defense Department may be even more meaningful.

Neha Mukherjee, a rare earths analyst with Benchmark Mineral Intelligence, said in a research note that the Pentagon's 10-year promise to guarantee a minimum price for the key elements of neodymium and praseodymium will guarantee stable revenue for MP Minerals and protect it from potential price cuts by Chinese producers that are subsidized by their government.

“This is the kind of long-term commitment needed to reshape global rare earth supply chains," Mukherjee said.

Trump has made it a priority to try to reduce American reliance on China for rare earths. His administration is both helping MP Materials and trying to encourage the development of new mines that would take years to come to fruition. China has agreed to issue some permits for rare earth exports but not for military uses, and much uncertainty remains about their supply. The fear is that the trade war between the world’s two biggest economies could lead to a critical shortage of rare earth elements that could disrupt production of a variety of products. MP Materials can't satisfy all of the U.S. demand from its Mountain Pass mine in California’s Mojave Desert.

The deals by MP Materials come as Beijing and Washington have agreed to walk back on their non-tariff measures: China is to grant export permits for rare earth magnets to the U.S., and the U.S. is easing export controls on chip design software and jet engines. The truce is intended to ease tensions and prevent any catastrophic fall-off in bilateral relations, but is unlikely to address fundamental differences as both governments take steps to reduce dependency on each other.

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