California bans Tesla, and others, from implying 'Full Self-Driving' capability

UPDATE: January 2023: Tesla updates Full Self-Driving beta ban protocol

Tesla’s latest software update will ban users from accessing Full Self-Driving beta functionality for two weeks following five instances of Autopilot cancellations.

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As Tesla readies its 'Full Self-Driving' system for launch, the state of California has passed a new law that forbids manufacturers from leaving customers with any impression that their vehicle can drive itself without significant driver attention.

Very few brands have even suggested their vehicles are capable of such a feat, with most acknowledging that any level of fully autonomous driving is still years away from market.

Under the new California law, brands are prohibited from "deceptively naming or marketing" these types of technology, which immediately puts Tesla in an awkward position.

Officially, the now Texas-based brand warns customers that its 'Full Self-Driving' requires consistent attention and – despite what the system 'says on the tin' – it must not be considered a fully autonomous driving technology.

Don't expect the Full Self-Driving name to disappear, however. While this law does require Tesla to take extra steps in explaining to drivers that it is not a full self-driving system under any plain-language understanding of the term, it does not require Tesla to stop using the name.

Tesla, for its part, has yet to offer any statement on the new law – although it is also no secret that the company no longer has a Public Relations department.

For California, Senator Lena Gonzalez told the San Francisco Chronicle: “(This bill) increases consumer safety by requiring dealers and manufacturers that sell new passenger vehicles equipped with a semi-autonomous driving assistance feature… to give a clear description of the functions and limitations of those features."

Further details on the new law can be found in our existing story below.

Mike Stevens

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September 2022: Tesla confirms Full Self-Driving for end of 2022, California readying marketing ban

Tesla CEO Elon Musk has claimed that Tesla’s ‘self-driving’ system is a priority, aiming to release a functional system by the end of the year.

Speaking at an energy conference in Norway earlier this week, Musk said his current focus was split between his SpaceX Starship project and ‘self-driving’-capable Tesla cars.

“The two technologies I am focused on, trying to ideally get done before the end of the year, are getting our Starship into orbit… and then having Tesla cars to be able to do self-driving”, the outspoken CEO said.

“Have self-driving in wide release at least in the US, and potentially in Europe, depending on regulatory approval.”

As it happens, regulatory approval may yet prove a problem in Tesla’s native California, as a bill codifying rules surrounding the false advertising of advanced driver-assistance systems, was recently passed into state law.

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The bill was sponsored by Senate Transportation Committee Chair Lena Gonzalez, and was passed on Tuesday, according to the Los Angeles Times. The bill aims to hold the automotive sector to a higher degree of accountability when it comes to the advertising of advanced driver-assistance systems (ADAS).

The move comes after years of concern voiced by various automotive parties regarding the dangerous attitude taken by Tesla in the naming convention of its in-house systems.

The US Department of Motor Vehicles (DMV) opened a review in May 2021, regarding the naming of Tesla’s ‘Autopilot’ and ‘FSD’ (Full Self-Driving) systems, which are technically classed as Level 2 autonomy systems (Level 5 is deemed fully autonomous).

Senator Gonzalez stated: “People in California think Full Self-Driving is fully automated when it’s not”. According to Gonzalez, the bill was met with “heavy lobbying” on behalf of Tesla.

Yet, despite the Californian bill’s passing, international efforts in stemming Tesla’s ADAS advertising have proven difficult to execute.

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Germany’s recent attempt to ban Tesla from marketing ‘Autopilot’ and ‘FSD’ in their domestic market were shot down after an appeal to the High Court from the manufacturer. A lower court successfully banned the use of those system names in marketing material in 2020, but Tesla never adjusted the language on its website, and opened an appeal to the High Court in 2021.

There have been numerous high-profile crashes involving Tesla systems, many centering around the use of its advanced traffic-aware cruise control system. The US National Highway Traffic Safety Administration (NHTSA) reports that Teslas using Autopilot have been involved in 273 crashes in the past 12 months.

More pertinently, they state that Tesla vehicles made up almost 70 per cent of the 392 crashes involving advanced driver-assistance systems reported since July 2021. Tesla also forms the majority of fatalities and serious injuries within those ADAS-related incidents.

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Facing increased scrutiny on various fronts around the globe, it remains to be seen whether the automaker will be forced to adjust the advertising language surrounding its safety systems.