NHTSA threatened Tesla with big fines after a secret mode was found within its code to override nags meant to ensure that a driver was paying attention
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Federal regulators were alarmed to learn about a secret driving mode hidden deep within the bowels of Tesla’s Autopilot software that could deactivate the checks that ensure a driver is paying attention.
The result of that concern was a Special Order sent by the National Highway Traffic Safety Administration to Tesla on July 26. Signed by John Donaldson, acting chief counsel for the regulator, the letter raises questions about the safety of this feature, dubbed “Elon Mode.”
“NHTSA is concerned that this feature was introduced to consumer vehicles and, now that the existence of this feature is known to the public, more drivers may attempt to activate it,” wrote Donaldson. “The resulting relaxation of controls designed to ensure that the driver remain engaged in the dynamic driving task could lead to greater driver inattention and failure of the driver to properly supervise Autopilot.“
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Read: Tesla Hacker Finds Hidden “Elon Mode” That Turns Off FSD Nags
First discovered by a Tesla software hacker who goes by the handle @greentheonly, they reported that the feature allowed them to go on a 600 mile (966 km) drive without having to once touch the steering wheel to show the system that they were paying attention to the road.
While the nags have been noted as an annoying feature of Tesla’s Level 2 and 2+ driver assistance systems, Autopilot and FSD, they are important checks that ensure that the person behind the wheel is paying attention to the road. That’s necessary because these systems cannot operate safely in all driving scenarios.
NHTSA’s concern about Elon Mode is easy to understand, then, and it gave Tesla just under a month to respond to it. That period ended on August 25, and it confirmed to Bloomberg that the automaker did respond to its request in time.
However, to convey the seriousness of the situation, NHTSA threatened Tesla with fines of up to $26,315 per day that it did not “accurately or completely” respond to the requests in the special order, up to a maximum of $131,564,183.
Unfortunately, it remains unclear how Tesla responded to this special order, and whether it faces any penalties, or must take any actions, following its response to NHTSA.
