Assuming Tesla does claim to have resolved the FSD problems NHTSA flagged, Americans may well have to take the company’s word for it. Why is that? Because the U.S. does not require that automated car technology be tested and approved for safety before being offered to the public. That goes for initial systems as well as for over-the-air updates.
Tesla’s big recall should serve as a wake-up call. A recklessly designed “autonomous” system shouldn’t be installed on hundreds of thousands of vehicles before the feds intervene. We can prevent that from happening by requiring that these technologies receive pre-approval before they are sold to the public.
Notably, there is no similar FSD recall in the European Union, because Tesla hasn’t received the green light to offer it there. Until regulators grant that permission, Tesla can’t sell FSD to Europeans. During a speech last year in Berlin, Tesla CEO Elon Musk himself summarized the difference in transatlantic car regulations: “In the U.S. things are legal by default, and in Europe they’re illegal by default.”
In fact, the U.S. does use pre-approval to improve transportation safety—just not for cars. But if a plane manufacturer is designing a new piece of software or hardware, the company must work closely with the Federal Aviation Administration to get the go-ahead prior to deployment. This system, sometimes called type approval or type certification, does not always work perfectly (see the 737 Max), but the impressive safety record of American aviation speaks for itself: The U.S. experiences under 0.1 deaths per billion passenger miles, less than 1/100th the risk of dying in a car crash.
But for autos, the U.S. has basically said to carmakers, “You’re good. We trust you.” Manufacturers place a sticker on each new vehicle stating that it complies with the Federal Motor Vehicle Safety Standards, and they’re all set. Carmakers do generally abide by FMVSS, but—and this is a giant flashing “but”—there is nothing within it pertaining to autonomous driving technology or so-called Advanced Driving Assistance Systems (ADAS) like Tesla Full-Self Driving. As a result, carmakers are free to design and install whatever technology they like, as long as their vehicle conforms with the outdated FMVSS, which was drafted under the assumption that a driver is always handling the car.
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