- Tesla's Full Self-Driving driver-assistance system requires users to pay full attention to the road.
- Elon Musk says the latest FSD software will be lenient on that requirement in certain contexts.
- Police agencies told Business Insider that texting and driving is against the law.
Elon Musk says Tesla's Full Self-Driving software will enable users to glance at their phones in certain driving scenarios.
On Thursday, Musk said drivers can use their phones while driving with FSD activated "depending on context of surrounding traffic" after an X user asked if they're able to "text and drive on FSD v14.2."
The only issue: It's still pretty illegal to text and drive.
There are no state jurisdictions that have exceptions for cellphone use if an advanced driver-assistance system is activated. And many state laws are still playing catch-up to address the rise of autonomous cars.
FSD is also not considered a fully autonomous system, according to standards set forth by the Society of Automotive Engineers. Tesla attaches "Supervised" to the FSD name to emphasize that the technology requires the driver's full attention.
State law enforcement representatives from Arizona, New York, and Illinois confirmed to Business Insider that there are no exceptions for advanced driver-assistance systems (ADAS) and that texting and driving remain illegal. Arizona, New York, and Illinois are among the top 10 states with the highest number of EV registrations, according to data from the Department of Energy.
The only carve-out for cellphone use could be in cases of emergencies, or when a driver needs to dial 911, spokespeople for Illinois State Police and the Arizona Department of Public Safety said.
"In all other cases, texting and driving/talking (while holding a phone) is still illegal, along with using any other portable wireless communication device while driving," a spokesperson for the Arizona Department of Public Safety wrote.
A spokesperson for Tesla did not respond to a request for comment.
Tesla owners don't want to supervise FSD Supervised
Tesla, in recent weeks, released an update to its FSD Supervised software, which Musk previously said in July would see a "step change improvement" as the company integrates some of the "upgrades" seen in the Tesla Robotaxi fleet in Austin. The EV company is currently operating a pilot robotaxi service in the Texas capital with a safety monitor in the front passenger seat.
Tesla has an attention-monitoring system that alerts the driver to keep their eyes on the road whenever it detects they're not paying attention. The vehicle features a safety system that temporarily suspends FSD access if the driver consistently diverts their attention away from the road.
Some users have reported online their frustrations with the monitoring system.
In August, Musk said that FSD version 14 will "nag" the driver "much less" once the system's safety is confirmed.
Tesla also has faced legal challenges around its Autopilot and FSD systems.
In October, the National Highway Traffic Safety Administration opened a probe into 2.9 million Tesla vehicles equipped with FSD due to reports of the system violating traffic rules, including "proceeding through red traffic signals and driving against the proper direction of travel on public roadways."
That hasn't stopped some users from putting their full trust in FSD and brushing off basic traffic rules.
Ring CEO Jamie Siminoff told Business Insider last month that he does emails while commuting to work in his Tesla Model Y and that he'd figured out exactly where to position his phone so he could use it without the car pinging him.
"The problem with that is you have to keep it pretty high on the wheel," he said. "So I would say about every other month or two, I get a ticket for being on the phone in the car."
Siminoff said he's talked his way out of some tickets, but that police officers can be skeptical when he says he's not the one driving. "You get a dirty look," he said.
Business Insider's Alistair Barr tested on Thursday whether the latest FSD software on his Tesla would allow him to use his phone while driving.
The vehicle sent two alerts, but the Tesla kept driving, Barr reported.
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