The NHTSA wants more information on Tesla's 'Elon Mode'
MKBHD/Twitter
The National Highway Traffic Safety Administration (NHTSA) is again focusing on Tesla, demanding extensive data on the company's driver assistance and monitoring systems, focusing on a previously undisclosed configuration known as 'Elon Mode.'
What is 'Elon Mode'?
We first told you about Elon Mode after Tesla hacker @greentheonly discovered it and let the world know about it on Twitter - yes, it was still called Twitter back then. This special, hidden configuration in Tesla's software eliminates the alerts or 'nags' prompting drivers to apply torque to the steering wheel.
NHTSA's Concerns
According to Reuters and CNBC, the NHTSA has expressed concerns about the potential safety implications of this configuration and has issued a special order to Tesla, demanding detailed information about this mode and the number of drivers who have access to it. NHTSA fears that the relaxation of controls designed to ensure driver engagement could lead to greater driver inattention and failure to supervise Autopilot properly.
This is not the first time the NHTSA has raised concerns about Tesla's 'nag.' In January, Musk responded to a tweet from @WholeMarsBlog asking users with more than 10,000 FSD miles driven to have the option to disable the “tedious steering wheel nag.” Musk responded, "Agreed, update coming in Jan."
That didn't sit well with the acting head of the NHTSA, Ann Carlson, who told reporters, “A very extensive investigation ongoing... We are in conversations with Tesla about this latest communication."
Earlier this week, Carlson announced that the findings of an intensive two-year probe into Tesla's Autopilot system would be public "relatively soon." The NHTSA's ongoing investigation focuses on more than a dozen crashes involving stationary emergency vehicles. Carlson spoke about driver assistance systems in general, "It's really important that drivers pay attention. It's also really important that driver monitoring systems take into account that humans over-trust technology."
Moving Forward
While Tesla has complied with NHTSA's request for information, the response has been granted confidential treatment and is not publicly available. As the investigation continues, it remains to be seen how Tesla will address these concerns and what actions will be taken to ensure the safety of its driver assistance systems.
Tesla has been in talks with the NHTSA and is hopeful for an agreement that satisfies both parties. Transitioning to better driver monitoring by leveraging their cabin camera and machine learning could be a way forward, reducing the need to 'nag' drivers while improving monitoring.
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Thanks to Tesla Yoda on X, we have found out that Tesla’s Robotaxi fleet is registered on the Texas Department of Transportation’s public-facing Automated Vehicle Deployment website. This makes the fleet’s movements publicly viewable and trackable, and marks a first for Tesla.
This isn’t just any old FSD test - this is the first officially acknowledged, government-tracked, and sanctioned deployment of a Tesla Model Y operating as a ride-share vehicle. But that’s not all - Texas DOT’s tracker notes that the Tesla does not have a safety driver.
View on the Map
Visitors to the Texas DOT website can filter for “Tesla”, and see, currently, a single active vehicle operating in the Austin Metro area. According to the state’s official data, here’s what we know:
Company: Tesla
Description: Ride-share service
Status in Texas: Testing
Safety Driver: No
The final point is definitely the most significant here. While Tesla has been testing FSD with safety drivers for some time in Austin and LA for employee-only testing, this is the first time that a vehicle has been officially registered and deployed on public roads without a human behind the wheel for safety.
The fact that there is no safety driver officially shifts the liability from the occupant of the driver’s seat to Tesla, for the first time in a public setting. That’s already pretty significant - we previously dove into how Tesla plans to insure its own vehicles, and potentially owner vehicles in the Robotaxi fleets.
The status currently lists Tesla as “Testing,” confirming that the service isn’t available to the public, but this is expected to change in the coming weeks.
This testing phase is likely part of a short but crucial period that lets Tesla capture data on the safety levels of its current iteration of Unsupervised FSD without a driver supervising. Tesla already stated that they’d be avoiding difficult areas, so this testing can also expose additional areas Tesla may want to avoid, such as school zones or blind driveways.
Tesla will need to prove, both internally and externally, that FSD Unsupervised has the necessary performance to safely navigate the streets without any incidents.
Regulatory Milestone
For years, the concept of a Tesla Robotaxi has been a future promise. Now, it's a present-day reality, albeit in a testing capacity.
Having an official government body list a Tesla as an active, driverless vehicle shows that they’ve been able to clear regulatory hurdles, which Tesla has often pointed to as the issue. It demonstrates a level of confidence from both Tesla and Texas regulators in the system's capabilities.
While it's just a single vehicle for today, we’ll likely see this list slowly expand over time. Alongside being able to track Robotaxi incidents at the City of Austin’s website, we’ll be able to closely watch Tesla’s progress with its first Robotaxi deployments.
The road to bringing FSD to Europe has been a long and complex one and filled with regulatory and bureaucratic hurdles. Elon Musk, as well as other members of Tesla’s AI team, have previously voiced their grievances with the regulatory approval process on X.
However, it appears that there is finally some progress in getting things moving with recent changes to upcoming autonomy regulations, but the process still seems slow.
Waiting on the Dutch
Elon commented on X recently, stating that Tesla is waiting for approval from Dutch authorities and then the EU to start rolling out FSD in Europe. Tesla is focusing on acquiring approvals from the Dutch transportation authority, which will provide them with the platform they need to gain broader acceptance in Europe. Outside of the Netherlands, Tesla is also conducting testing in Norway, which provides a couple of avenues for them to obtain national-level approval.
The frustration has been ongoing, with multiple committee meetings bringing up autonomy regulation but always pulling back at the last second before approving anything. The last meeting on Regulation 157, which governs Automated Lane Keeping Systems, concluded with authorities from the UK and Spain requesting additional time to analyze the data before reaching a conclusion.
Tesla, as well as Elon, have motioned several times for owners to reach out to their elected representatives to move the process forward, as it seems that Tesla’s own efforts are being stymied.
This can seem odd, especially since Tesla has previously demoed FSD working exceptionally smoothly on European roads - and just did it again in Rome when they shared the video below on X.
— Tesla Europe & Middle East (@teslaeurope) June 12, 2025
DCAS Phase 3
While the approval process has been slow, Kees Roelandschap pointed out that there may be a different regulatory step that could allow FSD to gain a foothold in Europe.
According to Kees, the European Commission is now taking a new approach to approving ADAS systems under the new DCAS Phase 3 regulations. The Commission is now seeking data from systems currently operational in the United States that can perform System-Initiated Maneuvers and don’t require hands-on intervention for every request.
This is key because those are two of the core functionalities that make FSD so usable, and it also means that there may not be a need to wait years for proper regulations to be written from scratch. Now, the Commission will be looking at real-world data based on existing, deployed technology, which could speed up the process immensely.
What This Means
This new, data-driven regulatory approach could be the path for Tesla to reach its previous target of September for European FSD. While the cogs of bureaucracy are ever slow, sometimes all it takes is a little data to have them turn a bit faster in this case.
Alongside specific countries granting approval for limited field testing with employees, there is some light at the end of the tunnel for FSD in Europe, and hopes are that a release will occur by the end of 2025. With Europe now looking to North America for how FSD is performing, Tesla’s Robotaxi results could also play a role.