California orders Tesla to stop marketing its electric cars as "self-driving"

28 December 2022

The new regulation that will take effect in 2023 in the state of California prohibits automakers from using certain language to describe the autonomous capabilities of their vehicles. Specifically, the regulation prohibits the use of terms like "totally self-driving" or "fully autonomous" to describe vehicles that are not capable of operating without a human driver.

This means that automakers, including Tesla and other manufacturers, will not be allowed to use these terms to describe their cars in the state of California starting in 2023. The regulation is intended to prevent misunderstandings and ensure that consumers are not misled about the capabilities of autonomous vehicles.

Senator Lena Gonzales, a Democrat, is the main sponsor of Senate Bill 1398, which would prevent Tesla from using the term 'Full Self-Driving' to describe its Advanced Driver Assist System package. This legislation, if passed, would effectively prohibit Tesla from using this designation in the state.

The new law prohibits automakers and dealers from using deceptive language to describe or market a car as "self-driving" if it only has partial automation features that still require human intervention. This includes requiring drivers to pay attention to the road and take control of the vehicle at certain times. The purpose of this prohibition is to ensure that consumers are not misled about the capabilities of the car and understand that it is not fully autonomous.

To avoid confusing the drivers, the new legislation, signed by California Governor Gavin Newsom in September and taking effect on January 1, 2023, applies not only to the sale of cars but also to any future feature updates or vehicle upgrades. This law is intended to reduce misunderstandings about the capabilities of autonomous vehicles and ensure that consumers are aware of the limitations of any partial automation features.

Although the California Department of Motor Vehicles (DMV) already had regulations against falsely advertising self-driving cars, Senator Gonzales and other state legislators felt the need to introduce a bill that would codify these rules into state law because the DMV was not effectively enforcing them. In an interview with the Los Angeles Times in August, Senator Gonzales cited the DMV's lack of enforcement as the reason for proposing this legislation.

Tesla has opposed the new law, claiming that it already makes clear to owners the limitations of its Full Self-Driving software. The electric vehicle manufacturer has also faced legal actions and investigations related to its Advanced Driver Assist System, as well as an inquiry by the US Department of Justice regarding its advertising for Autopilot capabilities.

Tesla actually clarifies on its website that the Full Self-Driving functions require "active driver supervision" and do not make the car fully autonomous on their own."

According to Tesla's official website, full autonomy will require a level of reliability "far in excess of human drivers," as demonstrated through billions of miles of experience, in addition to regulatory approval, which may take longer to obtain in certain jurisdictions.

Via