Tesla, again? Here we go again, because this time it was an administrative judge who has ordered a temporary ban on sales in California, its most important market in the United States. What is happening? Apparently, far from being about technical failures or specific accidents, it is due to how the company names its driver assistance technology. And yes, this judge has backed the request of the California regulator to suspend Tesla’s sales license for 30 days, considering that terms like Autopilot or Full Self Driving can be misleading.
How Autopilot is marketed
Note that no one is saying that Tesla’s systems do not work, at least in this case. The issue is that Autopilot is not automatic, and Full Self Driving is not full self driving. What is being questioned is the language. According to the regulator, these names may make people believe that the systems drive on their own, without the need for supervision. And right now that is neither true nor legal.
Cars may be extremely modern, but the reality is that they are still not ready to replace human drivers, so they are “not autonomous”, literally speaking.
A judge sides with the regulator
After this linguistic debate, the administrative judge has supported the position of the California Department of Motor Vehicles and has considered a 30 day sales suspension justified.
That said, the measure is paused for 90 days so it can be “fixed”, meaning Tesla has to change its advertising if it wants to avoid the ban.
Autopilot is not an automatic pilot
Surprise. Tesla’s current systems can accelerate, brake, steer, change lanes, and even move through cities under certain conditions. Impressive, yes. One hundred percent autonomous, no, because under the law the driver must remain attentive, with hands ready and eyes on the road, just like driving has always been.
That is why, legally, these systems are classified as advanced driver assistance, not true autonomous driving, even if some people do not understand that the name does not mean you can take a nap behind the wheel.
California is not just any state for Tesla
California represents almost a third of Tesla’s sales in the US. It is also the state with the highest number of electric vehicles, and the company manufactures there as well, in Fremont, key models like the Model S, Model X, Model 3, and Model Y. Production would not be affected, but sales would.
“We have never misled anyone”
Tesla maintains that it has always been clear and has never tried to mislead anyone, that it includes warnings on screens and in manuals, meaning the driver knows, or at least should know, that they must maintain supervision of the vehicle at all times.
They have even recently added the word “Supervised” to the name Full Self Driving, but for the regulator, that is not enough.
Beyond Tesla
Although the name in the headlines is Tesla, the message is aimed at the entire industry. “Self driving” is not “self”. And it is no secret that a large part of Tesla’s value rests on the promise of fully autonomous driving and future robotaxis. So any legal blow like this directly challenges the long running “almost there” that Tesla has been carrying for years.
The next 90 days will be key
Tesla has three options: change its marketing, appeal the decision, or do nothing and accept the ban. It will have to convince the regulator, right?