NHTSA Directs Tesla to Submit Data on ‘Elon Mode’ in Autopilot

Tesla has received a special order from federal automotive safety regulators that requires the company to provide extensive data about its driver assistance and driver monitoring systems, as well as an undisclosed feature referred to as “Elon mode.” Typically, when a Tesla driver utilizes the company’s driver assistance systems, such as Autopilot or Full Self-Driving (FSD), a symbol is displayed on the car’s touchscreen to prompt the driver to engage the steering wheel. If the driver fails to respond, the system escalates to a beeping noise. If the driver still does not take control, the vehicle can disable the advanced driver assistance features for the remainder of the trip or longer. However, with the “Elon mode” configuration enabled, Tesla allows drivers to utilize Autopilot, FSD, or FSD Beta without these prompts.

The National Highway Traffic Safety Administration (NHTSA) sent a letter and special order to Tesla on July 26, expressing concerns about recent changes in Tesla’s driver monitoring system. The agency seeks details about the use of the “Elon mode” feature, including the number of cars and drivers authorized to utilize it. The NHTSA’s acting chief counsel, John Donaldson, wrote in the letter, “NHTSA is concerned about the safety impacts of recent changes to Tesla’s driver monitoring system.” The agency is worried that Tesla owners can modify the driver monitoring configurations to allow prolonged use of Autopilot without the system prompting the driver to apply torque to the steering wheel. Bloomberg initially reported on the letter and special order, which is now available on the agency’s website.

Tesla was given until August 25 to provide all the requested information to the NHTSA. The company responded on time but requested that its response be treated confidentially. The NHTSA has yet to conclude various investigations into crashes involving Tesla Autopilot systems. These investigations include crashes involving “fatal truck under-run” incidents and collisions with stationary first responder vehicles. The agency’s acting administrator, Ann Carlson, has indicated that a resolution is imminent.

For years, Tesla has informed regulators, including the NHTSA and the California DMV, that its driver assistance systems, including FSD Beta, are only at “level 2” and are not fully autonomous. However, the company markets these systems under brand names that could confuse consumers. Tesla’s CEO, Elon Musk, who also owns the social network X, formerly Twitter, often implies that Tesla vehicles are self-driving.

In a recent livestreamed test drive, Musk showcased a still-in-development version of Tesla’s FSD software. During the demonstration, Musk used his mobile device while driving and conversing with Tesla’s head of Autopilot software engineering, Ashok Elluswamy. The video stream was blurry, making it difficult to determine if Musk had his hands on the steering yoke at all times.

This demonstration likely violates Tesla’s own terms of use for Autopilot, FSD, and FSD Beta. This behavior has been criticized as a blatant disregard for safety and has drawn attention from the NHTSA. Tesla’s website warns drivers to stay alert, keep their hands on the steering wheel, and maintain control of the vehicle when using Autopilot or FSD.

Experts in the autonomous vehicle industry have commented on this demonstration. Bruno Bowden, a machine learning expert and managing partner at Grep VC, stated that Tesla is making some improvements to its technology but still has a long way to go before offering a safe, self-driving system. During the drive, Tesla’s system nearly ran a red light, necessitating Musk’s intervention to apply the brakes on time.

In conclusion, Tesla has been ordered by federal regulators to provide detailed data on its driver assistance and monitoring systems, including the undisclosed “Elon mode” feature. The NHTSA has expressed concerns about recent changes in Tesla’s driver monitoring system, which may allow drivers to operate Autopilot for extended periods without having to engage with the steering wheel. Tesla has responded to the order within the given timeframe and requested confidentiality. The company’s demonstration of its systems in a recent livestream has sparked criticism for potentially violating its own terms of use and for not prioritizing safety. Industry experts believe that Tesla still has a long way to go in terms of developing a safe, self-driving system.

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