Elon Musk claims new Tesla software permits texting while driving despite bans in US states

Elon Musk has said that Tesla owners can text while driving when using the latest version of the company’s Full Self-Driving (Supervised) software, even though texting behind the wheel is prohibited in nearly every US state.

The Tesla CEO made the remark in a post on X on Thursday, responding to a user who observed that the newest update of FSD no longer displayed a warning when they used their phone on the road. Musk stated that the update permits such behaviour depending on the context of surrounding traffic, but offered no further explanation, and Tesla has no communications team to clarify the claim.

According to the US Bureau of Transportation Statistics, almost all 50 states ban texting while driving and around half prohibit any handheld phone use, underscoring the legal conflict with Musk’s assertion, as per a report by TechCrunch.

Despite Elon Musk’s repeated promotion of FSD, the system remains an advanced driver-assistance technology rather than a fully autonomous capability. Drivers must still be prepared to take control whenever the software is unable to manage a situation. FSD relies on in-cabin cameras and steering wheel sensors to monitor attentiveness, and its effectiveness in handing control back to drivers has been a key factor in several crashes involving driver-assistance systems.

A clarification is important here: Tesla’s standard Autopilot system requires drivers to keep their hands on the wheel at all times. FSD initially had the same requirement before Tesla later removed it, allowing hands-off operation as long as the driver stays alert and is actively monitored by in-cabin cameras.

Musk has previously acknowledged that Autopilot can make drivers overly complacent, and regulators have linked the system to more than a dozen fatal crashes. The National Highway Traffic Safety Administration (NHTSA) is currently investigating FSD after receiving over 50 reports of it running red lights or drifting into incorrect lanes. The regulator is also examining reports of collisions in low-visibility conditions. The NHTSA has not yet commented on the latest claim.

Meanwhile, Tesla is nearing the conclusion of a lengthy legal dispute with the California Department of Motor Vehicles over how the company markets FSD and Autopilot. During hearings in July, the DMV accused Tesla of misleading customers by implying its vehicles could drive themselves, and has urged a judge to suspend the company’s manufacturing and sales for at least 30 days. A ruling is expected before the end of the year.