Elon Musk says Tesla drivers can text while driving, but they absolutely should not

I can’t believe I have to say this, but Tesla drivers should not start texting while driving, despite what Elon Musk says. Do not listen to the billionaire CEO of the company that makes your car. He will not be liable if there’s a crash — you will.

Musk took a break from posting racist and xenophobic screeds yesterday to confirm that the latest version of Tesla’s Full Self-Driving software would allow for some instances of texting while driving, despite it being incredibly unsafe and illegal in 49 states, Washington, DC, and the US territories. (Montana, wyd?) “Depending on context of surrounding traffic, yes,” Musk replied to the question of whether FSD v14.2.1 would allow the illegal behavior.

But just to repeat: do not do this. You not only be risking your life, but the lives of everyone around you.

For months now, Musk has been promising an “unsupervised” version of Tesla’s Full Self-Driving software that he claims will enable drivers to, among other things, use their phones while driving. The current version of FSD is a Level 2 “supervised” system, meaning drivers are required to stay focused on the road and be ready to take control of the vehicle when prompted. (In other words, not full self-driving.) For years, Musk has been hyping a moment when Tesla’s vehicles will actually drive themselves — no supervision required.

Last month, at Tesla’s annual shareholder meeting, Musk said that an upcoming FSD update, Version 14, would finally allow for unsupervised driving. “And now with version 14, we’re actually getting to the point where we almost feel comfortable allowing people to text and drive,” Musk said at the event. “Which is kind of the killer app, because that’s really what people want to do.”

Currently, Tesla vehicles have in-cabin cameras that track drivers’ eye movement. If a driver’s attention wanders while using FSD, the cameras will notice and the system will alert them to put their eyes back on the road. If they don’t, the system can disengage. Five strikes can result in a suspension of FSD. Tesla owners have long complained about these “nags” and urged Musk to reduce their frequency.

Musk’s comment yesterday suggests that he’s listening and that Tesla could relax the requirements in certain situations, like stop-and-go traffic. But this doesn’t change the legal reality, in which texting while driving is strictly prohibited.

Imagine a cop pulls you over after catching you texting while driving your Tesla. Do you think “Elon Musk said it was OK” is going to get you off the hook? And God forbid there’s a crash, do you think Tesla will take responsibility?

I get it — FSD can be very capable. Many Tesla fans are amazed at what their car can do, and fully believe Musk when he says that real autonomy is just around the corner. But the fact remains that the driver — and only the driver – is liable for anything that happens while Autopilot and FSD are in operation. Unlike Waymo, Tesla won’t take responsibility for any incidents because it knows its vehicles aren’t fully autonomous. Why would it take responsibility for a Level 2 system? When Tesla owners have tried to force the company to accept liability for certain incidents, it has fought back in court — and often won.

Don’t be stupid. Don’t listen to Elon Musk. Watch the road.