The Hook: A Dangerous Promise?
“You can text and drive.”
It’s the phrase every commuter dreams of hearing, and the one every safety regulator dreads. Yet, in a bold statement made today, Elon Musk explicitly told Tesla owners that with the latest Full Self-Driving (FSD) update, they can do exactly that.
Musk’s confidence stems from Tesla’s erratic but advancing push toward “Unsupervised FSD.” But for the average Tesla owner sitting in a Model Y today, following this advice isn’t just risky—it’s likely illegal.
The Tech: What Changed?
The controversy centers on Tesla’s latest software iteration, rolling out to early access users. Musk claims the system’s proficiency has reached a level where driver attention is no longer the primary fail-safe.
According to reports, the new FSD build (v13.x) purportedly removes the “nag” that forces drivers to keep their hands on the wheel or eyes on the road, specifically under certain highway conditions.
“We are confident that we will allow you to text and drive… in the next month or two,” Musk stated, implying that the car’s capability now exceeds human reaction times in most scenarios.
However, there is a massive gap between capability and legality.
The Reality Check: Robotaxi vs. Retailing
Here is where the confusion—and danger—lies.
- Robotaxi Software: Dedicated, purpose-built autonomous vehicles (like the CyberCab) are designed to have no driver checks because there is no driver.
- Consumer FSD: The software in your driveway is still, legally, a Level 2 ADAS (Advanced Driver Assistance System).
Even if the car can drive itself perfectly, you are the captain of the ship in the eyes of the law.
The Legal Wall
In almost every US state, texting while driving is illegal. These laws generally do not have exceptions for “really good driver assistance systems.” Until legislation catches up—something that usually takes years, not months—a police officer seeing you scrolling X (formerly Twitter) behind the wheel of a moving Tesla is well within their rights to pull you over.
Impact: Don’t Be a Beta Tester Statistic
Musk’s comments often blur the line between distinct future milestones and present reality.
- Best Case: You get a ticket.
- Worst Case: The software encounters a “corner case”—tech speak for a weird situation it hasn’t learned yet—and you, with your eyes on your phone, fail to intervene in the split second required to save your life.
Buying Advice
If you have FSD, keep your eyes on the road. Treat the “text and drive” comment as a marketing forecast for a distant future, not an instruction manual for your evening commute.
We all want the autonomous future. But getting there requires surviving the transition.
Bottom Line: The software might be ready (arguably), but the laws and the liability insurance are definitely not. Keep the phone down.
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