Tesla FSD Investigations Explained: What Drivers Need to Know About Automation Risks and Recalls
NHTSA's latest probe into Tesla FSD raises questions for owners. Learn what to disable, how to document incidents, and next steps.
Why the latest NHTSA probe into Tesla FSD matters to owners — and what to do now
Hook: If you own a Tesla or are considering one, the renewed NHTSA probe into Tesla's Full Self-Driving (FSD) system is not just headlines — it affects safety, software updates, insurance, and the value of your car. Regulators want answers after dozens of complaints that FSD-driven Teslas ignored red lights and crossed into oncoming traffic. This article uses the latest probe as a case study to explain how investigations and recalls work, what triggers them, and the practical steps owners of semi-autonomous cars should take today.
Quick summary — what happened and the immediate risks
Late 2025 the National Highway Traffic Safety Administration (NHTSA) opened a preliminary investigation into Tesla's FSD system following more than 60 complaints alleging the system ran red lights or entered oncoming lanes. The agency requested extensive data — vehicle lists, usage statistics, complaint logs and crash reports — and granted Tesla a short extension to respond. Regulators are increasingly focused on how partially automated systems behave in real-world edge cases.
Takeaway: This probe could lead to formal engineering analysis and, if a safety defect is confirmed, a recall. Owners should act now to reduce risk and preserve evidence should an incident occur.
Understanding the regulatory process: How NHTSA probes can lead to recalls
Regulatory reviews follow steps that are consistent across high-profile investigations into driver assistance systems. Here’s a practical, short breakdown of the typical phases and why each matters to you:
- Preliminary Evaluation (PE): NHTSA opens a probe after complaints or crash reports. The agency requests information from the manufacturer to understand scope and severity. The recent request to Tesla included VIN-level lists, FSD versions, complaint files, and incident descriptions — a common first move.
- Engineering Analysis (EA): If the preliminary data indicates a pattern or safety risk, NHTSA performs engineering analysis and deeper analysis. This may involve driving tests, simulations, and review of event data.
- Further Action / Recall Recommendation: If a defect that poses a safety risk is found, NHTSA and the manufacturer work on a remedy. The manufacturer may voluntarily issue a recall or NHTSA can order one. Remedies range from software updates to hardware changes and sometimes owner reimbursements.
- Remedy Implementation and Oversight: Once a recall is issued, the company must notify owners, provide a remedy at no charge, and report completion rates to NHTSA. Regulators monitor compliance and may require additional steps.
Important: Investigations can be fast or take years depending on complexity — software-driven systems often complicate timelines because fixes can be pushed OTA (over-the-air) but must be validated for safety across millions of edge cases.
What triggers a recall for software-driven features like FSD?
Recalls are triggered not by the presence of advanced tech alone, but by a demonstrated safety defect or unreasonable risk. Common triggers in driver-assist contexts include:
- Patterns of real-world incidents showing violation of traffic laws (e.g., running red lights)
- System behavior that creates an unreasonable crash risk (e.g., steering into oncoming traffic)
- Failure of fail-safe driver monitoring leading to misuse
- Design defects in sensors, software, or integration that cannot be mitigated safely without an update or hardware change
With software systems, designs often can be updated OTA — but regulators focus on whether the update effectively and reliably fixes the defect across all affected vehicles.
The risks of semi-autonomous driving — what the complaints reveal
Complaints driving the current probe highlight core risks of partially automated systems:
- Overreliance and misuse: Drivers treat systems labeled FSD or Autopilot as fully autonomous and fail to supervise.
- Edge-case failures: Rare scenarios, like atypical intersections or unusual signage, can reveal algorithmic blind spots.
- Inadequate driver monitoring: Systems that don’t robustly verify driver attention increase crash risk.
- Perception errors: Cameras, radar, and software can misinterpret or miss signals — for example, failing to register a red light or misclassifying oncoming traffic.
These are not theoretical: recent complaints claim FSD ignored red signals and steered into opposing lanes. That’s why NHTSA requested detailed incident-level data from Tesla.
What owners should do now — an immediate action checklist
If you own a Tesla or another semi-autonomous vehicle, follow this prioritized checklist to reduce risk and protect yourself legally and financially:
- Disable FSD/Autopilot for now if you’re uncomfortable: You can turn off FSD features in the vehicle settings and rely on conventional driving. If you must use driver assist, use the most conservative mode (cruise control or lane-keeping with strict hands-on requirements).
- Enable and enforce driver monitoring: Use seatbelt reminders and any available face/eye-tracking features. Sit in the driver’s seat with hands on wheel and eyes on road even when assistance is active.
- Keep software updated but be cautious: Install safety-critical patches promptly — but review release notes and community feedback before major upgrades if you’re risk-averse.
- Document incidents thoroughly: If you experience a near-miss, odd behavior, or crash, collect time-stamped video (dashcam, Sentry), photos, GPS coordinates, speed readings, traffic light state, and witness contact info.
- Preserve vehicle data: Many systems log events automatically. For Teslas, save dashcam footage, Sentry clips, and request event logs from Tesla support. Note: manufacturers may need owner consent to extract detailed logs.
- File an official complaint with NHTSA: Use NHTSA’s online portal to report defects (nhtsa.gov/recalls or their consumer complaint form). Regulatory agencies use these reports when prioritizing investigations.
- Notify your insurer and document costs: Inform your carrier about any incident and keep repair estimates and medical records; this matters if a defect claim follows.
- Consult legal counsel if injured: If there are injuries or significant damage, speak to a lawyer experienced in vehicle defect cases. Early preservation of evidence improves outcomes.
- Monitor recall and software notices: Register for VIN-based recall alerts and with your manufacturer account to receive timely notifications.
How to document and preserve evidence — step-by-step
Evidence is central to any inquiry or legal claim. Follow these steps immediately after any incident or anomalous behavior:
- Record video from multiple angles if possible: dashcam forward view, cabin-facing if available, and any external footage. Timestamp everything.
- Photograph traffic signals, signage, and road conditions at the scene.
- Save all vehicle-generated files (dashcam, Sentry, event logs). Download clips to a secure drive and note filenames and timestamps.
- Request your vehicle’s event data and software version from the manufacturer in writing (email or portal). Keep copies of all responses.
- File a police report for crashes. Ask the officer to include system status (e.g., whether FSD was engaged) in the report.
- File a complaint with NHTSA and keep the confirmation number — regulators use aggregated complaints to escalate probes.
What to expect if an investigation finds a defect
If NHTSA’s engineering analysis determines FSD or another driver-assist feature creates an unreasonable risk, several outcomes are possible:
- Manufacturer-initiated recall: Tesla may issue a voluntary recall and supply a remedy (software update or hardware change). Owners are notified by mail and the remedy is free.
- Mandatory recall: If the manufacturer resists, NHTSA can order a recall and set timelines and reporting requirements.
- Wider regulatory action: The agency may impose reporting requirements, limit feature availability until fixes are deployed, or force specific driver monitoring changes.
- Civil penalties or litigation: Large-scale problems can trigger fines, class actions, or additional oversight.
For software defects, remedies are commonly OTA updates. But regulators will scrutinize whether updates are adequate and whether the company can reliably verify fix efficacy across all affected vehicles.
Insurance, resale, and financial implications for owners
Investigations and recalls have practical financial effects you should plan for:
- Insurance premiums: Insurers are incorporating ADAS (advanced driver-assistance systems) performance into underwriting. A manufacturer-wide safety problem can affect rates or claims handling.
- Resale value: Publicized safety probes can lower demand for affected models or trim packages, especially if an expensive hardware fix is required.
- Warranty and repair coverage: Recall remedies are free, but incidental costs (towed vehicle, reduced value) may be disputed — retain receipts and document everything.
2026 regulatory trends and what they mean for semi-autonomous owners
Regulatory activity ramped up through late 2025 and continues in 2026. Expect these trends to shape how you use and maintain semi-autonomous vehicles:
- Mandatory driver monitoring rules: Regulators worldwide are moving toward stricter requirements for eye/face tracking or other robust methods to ensure driver engagement.
- Event data recorders (EDR) and transparency: New policies push for richer, accessible logs of system state at the moment of incidents so regulators and owners can verify claims.
- Stricter pre-release testing and certification: Authorities are pressing OEMs for more documented testing in diverse real-world scenarios before enabling broad feature rollouts.
- Software as the new hardware controversy: Expect scrutiny on whether OTA fixes are adequately tested and documented — regulators want evidence that updates don’t introduce new hazards.
- Insurance and liability shifts: As responsibility between driver and automated system is debated, laws and insurance models will evolve — owners should track state-level guidance.
In short: if you drive a vehicle with FSD or similar systems in 2026, you are operating at the intersection of cutting-edge tech and a changing safety and legal landscape.
When to keep FSD on — and when to turn it off
There is no one-size-fits-all rule. Make decisions based on route complexity, traffic conditions, your attention level, and current regulatory news:
- Turn FSD on when: You are on a well-mapped, low-variation highway with clear lane markings, you can remain constantly attentive, and the system is a proven, recently updated version with good community validation.
- Turn FSD off when: You are in complex urban environments, near signalized intersections or construction, or if there are any public reports or recall notices that affect your vehicle’s software version.
Case study takeaway: the current NHTSA probe into Tesla FSD
“NHTSA’s request for comprehensive data — including VIN-level lists, complaint logs and crash reports — shows how regulators now pursue software-driven safety issues.”
This specific probe illustrates several lessons for owners and buyers:
- Regulators are not passive: aggregated consumer complaints can and do trigger broad inquiries.
- Manufacturers must now produce detailed usage and incident datasets, making post-market transparency more likely.
- Owners are best protected by being proactive: disable features if uncertain, document anomalies, and register complaints formally.
Final checklist: What to do this week
- Review your vehicle’s current software version and note whether you have purchased FSD or are using Autopilot features.
- If you prefer caution, disable FSD or set the system to the most conservative assist mode.
- Enable driver monitoring features and configure alerts for hand-on-wheel or eye-tracking requirements.
- Create a simple incident folder (digital) to store dashcam clips, screenshots, police reports, and correspondence with the manufacturer or insurer.
- File a complaint with NHTSA if you’ve experienced or witnessed safety-critical behavior. Keep the confirmation number.
- Sign up for VIN-based recall alerts and follow verified manufacturer channels for official safety notices.
Closing thoughts and next steps
As driver-assist tech matures, so does regulatory oversight. The NHTSA probe into Tesla FSD is a clear signal: agencies want data, they will test edge cases, and owners who take early, practical steps will be safest and best positioned if a recall or legal action follows. Remember: safety is a shared responsibility between the system, the manufacturer, and you — the operator.
Call to action: If you own a Tesla or a vehicle with advanced driver assists, act now: disable risky modes if unsure, gather and preserve evidence of any unusual behavior, and file a NHTSA complaint for each incident. Stay informed by registering your VIN for recall notifications and checking manufacturer release notes before installing major updates. For step-by-step help preserving logs or filing a complaint, visit our in-depth guide and downloadable checklist at carcompare.xyz (Resources & Recalls section).
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