Tesla’s Full Self-Driving (FSD) software is once again under the microscope as federal regulators ramp up their scrutiny of how the system handles bad weather. The National Highway Traffic Safety Administration (NHTSA) announced this week that it has officially upgraded its probe into Tesla’s FSD (Supervised) to an "engineering analysis," a move that signals a much deeper level of investigation.
The inquiry, cataloged under campaign number EA26002, centers on the performance of the software during reduced visibility conditions like heavy rain, thick fog, and intense sun glare. While a preliminary review has been active since late 2023, this upgrade broadens the scope to approximately 3.2 million Tesla vehicles, covering nearly every Tesla currently on U.S. roads.
From Preliminary Review to Engineering Analysis
An engineering analysis is a significant step in the regulatory process. It is often the final phase required before the agency decides whether to tell a company to issue an over-the-air (OTA) recall. However, it is important to note that this doesn't automatically mean a recall is coming; it just means the NHTSA needs more data to ensure the system is safe.
The investigation specifically looks at incidents where FSD or Autopilot may have struggled in poor visibility without properly prompting drivers to take over. Last May, the NHTSA expanded this probe to include Tesla’s Robotaxi plans, questioning how a vehicle with no one behind the steering wheel (or no steering wheel altogether) would manage if the "vision" system is blinded by weather.
A Long History of Regulatory Friction
This is far from Tesla’s first dance with the NHTSA. The company has a documented history of landing in hot water over its autonomous ambitions. Last fall, regulators took issue with FSD’s "Mad Max" speed profile, which is designed for more aggressive lane changes.
Other past investigations have looked into Actually Smart Summon following low-speed parking lot collisions, as well as concerns over FSD blowing through red lights and stop signs. It isn't just software, either; the agency recently opened an investigation into Tesla's emergency door release and door handle design.
Innovation vs. Regulation
The timing of this upgrade is particularly interesting. Earlier this month, the NHTSA committed to softening regulations for autonomous vehicles to encourage innovation. This suggests a "carrot and stick" approach: the government wants to allow for self-driving progress, but it will continue to penalize any perceived safety gaps in current systems.
Tesla has always maintained that, at least for now, FSD requires a fully attentive driver who is ready to intervene at any moment. However, as the company pushes toward an "unsupervised" future with FSD and the Cybercab, proving that its cameras can "see" through a rainstorm as well as a human can will be the ultimate test.
For now, 3.2 million owners will have to wait and see if this engineering analysis results in another software update to tweak how FSD behaves when the clouds roll in.
