Teslarati : "California passes law banning Tesla from calling software FSD"

[EVNow]

https://twitter.com/i/web/status/1606422497896804352

California passed a new law banning Tesla from calling its software Full Self-Driving (FSD). Although Tesla has never claimed that FSD was fully autonomous, the electric–maker is developing the technology for fully autonomous vehicles. Until its vehicles are fully autonomous, drivers must be alert and ready to take over at all times when engaging FSD or Autopilot.​

​

California lawmakers, however, disagree with the labels of FSD. Senate Bill 1398 was one of the hundreds that Governor Newsom signed into law. The new law takes effect in 2023 and specifically targets Tesla’s name for its software. The bill was sponsored by Senate Transportation Committee Chair Lena Gonzalez, who claimed that Tesla falsely advertised its tech and that doing so was a safety issue.​

​

The actual language of the law doesn't bar "FSD" ... but courts will likely conclude it does. Tesla will have to rename the feature soon.

Bill Text - SB-1398 Vehicles: consumer notices.

(a) A dealer or manufacturer shall not sell any new passenger vehicle that is equipped with any partial driving automation feature, or provide any software update or other vehicle upgrade that adds any partial driving automation feature, without, at the time of delivering or upgrading the vehicle, providing the buyer or owner with a distinct notice that provides the name of the feature and clearly describes the functions and limitations of the feature.​

(b) A manufacturer or dealer shall not name any partial driving automation feature, or describe any partial driving automation feature in marketing materials, using language that implies or would otherwise lead a reasonable person to believe, that the feature allows the vehicle to function as an autonomous vehicle, as defined in Section 38750, or otherwise has functionality not actually included in the feature. A violation of this subdivision shall be considered a misleading advertisement for the purposes of Section 11713.​

 

[ElectricIAC]

Waste of time even though I partially agree with the sentiment.

 

[EVNow]

Waste of time even though I partially agree with the sentiment.

It is definitely confusing and Tesla, I'm sure, wishes it had not used the name.

Since they already have AutoPilot, Enhanced AutoPilot .... may be they can rename FSD as Extra Enhanced AutoPilot.

But given Elon's penchant for thumbing his nose at the lawmakers, will probably rename it "not FSD".

 

[ElectricIAC]

But given Elon's penchant for thumbing his nose at the lawmakers, will probably rename it "not FSD".

FSDJK

 

[Supcom]

GM will be renaming SuperCruise to SortaCruise. And Ford's BlueCruise will be renamed as required match each car's predominant exterior color.

 

[BitJam]

Since they already have AutoPilot, Enhanced AutoPilot .... may be they can rename FSD as Extra Enhanced AutoPilot.

It's not clear to me how "Autopilot" will be interpreted. "FSD" is clearly over the line but "Autopilot" is in more of a gray area.

GM will be renaming SuperCruise to SortaCruise. And Ford's BlueCruise will be renamed as required match each car's predominant exterior color.

OTOH, I don't think any variation of "Cruise" will have a problem since cruise control is a very well known feature and it does not imply the vehicle is autonomous.

 

[ElectricIAC]

There’s that old wive’s tale of some guy buying an RV with cruise control, going on a trip and setting the cruise to go have a nap. 🥲

 

[Padelford]

I think this is another of many preventable crises that Tesla could have averted with an active PR department. Elon will blame everyone but himself for this. 2023 is going to be a very messy litigious year for Tesla.

 

[dcesq06]

It's not clear to me how "Autopilot" will be interpreted. "FSD" is clearly over the line but "Autopilot" is in more of a gray area.


OTOH, I don't think any variation of "Cruise" will have a problem since cruise control is a very well known feature and it does not imply the vehicle is autonomous.

I don't think autopilot is a gray area. That would be a violation of California's law.

 

[BitJam]

I think this is another of many preventable crises that Tesla could have averted with an active PR department. Elon will blame everyone but himself for this. 2023 is going to be a very messy litigious year for Tesla.

IDK. I think the fundamental problem here was that Elon's prediction of when FSD would be ready was way off. I doubt having a PR department would have helped in this particular case. IMO Elon is currently behaving erratically and irrationally (lack of sleep?) so I have no idea if he will react to this situation as a grownup or a child. IMO they need someone he will listen to to tell him to shut the heck up more than they need a PR department.

I don't think being forced to rename FSD will be a crisis. Having what's written on the tin match the contents will be good for Tesla. It will reduce confusion and complaints. They are facing big challenges but renaming FSD is not one of them (unless they refuse to do so).

I don't think autopilot is a gray area. That would be a violation of California's law.

Fair enough. Some people have compared it to autopilot in airplanes and marine craft that does not replace human operators.

Autopilot - Wikipedia

en.wikipedia.org

An autopilot is a system used to control the path of an aircraft, marine craft or spacecraft without requiring constant manual control by a human operator. Autopilots do not replace human operators. Instead, the autopilot assists the operator's control of the vehicle, allowing the operator to focus on broader aspects of operations (for example, monitoring the trajectory, weather and on-board systems).​

This is why I said it was more of a gray area.

 

[TresLA]

I’m not clear where Tesla would have to change the language they use: FSD Capability package will have to be changed? FSD beta would have to be changed? Otherwise, where else do they even use that language? And they do list exceptions and warnings all over the place. It’ll be interesting to see how the courts decide to interpret and how other car makers will (probably not) have to change their naming (ProPilot? CoPilot?)

 

[ElectricIAC]

IDK. I think the fundamental problem here was that Elon's prediction of when FSD would be ready was way off. I doubt having a PR department would have helped in this particular case. IMO Elon is currently behaving erratically and irrationally (lack of sleep?) so I have no idea if he will react to this situation as a grownup or a child. IMO they need someone he will listen to to tell him to shut the heck up more than they need a PR department.

I don't think being forced to rename FSD will be a crisis. Having what's written on the tin match the contents will be good for Tesla. It will reduce confusion and complaints. They are facing big challenges but renaming FSD is not one of them (unless they refuse to do so).


Fair enough. Some people have compared it to autopilot in airplanes and marine craft that does not replace human operators.

Autopilot - Wikipedia

en.wikipedia.org

An autopilot is a system used to control the path of an aircraft, marine craft or spacecraft without requiring constant manual control by a human operator. Autopilots do not replace human operators. Instead, the autopilot assists the operator's control of the vehicle, allowing the operator to focus on broader aspects of operations (for example, monitoring the trajectory, weather and on-board systems).​

This is why I said it was more of a gray area.

 

[VT_EE]

I'm betting it will be called Not FSD, but only in California.

 

[TresLA]

I'm betting it will be called Not FSD, but only in California.

That’s actually a really good idea, albeit trolling. Sounds likely if they hear/think of it.

 

[JHCCAZ]

Today, there are innumerable acts passed by our national and state legislatures, and ballot initiatives presented for public vote, that bear deceptive, confusing and scontradictory names. On that scale, the aspirational name of Full Self Driving is a minor offender.

I haven't looked it up, but it wouldn't surprise me at all that this legislation is named the Politicians Defend Truth Act.

 

[ATPMSD]

with a distinct notice that provides the name of the feature and clearly describes the functions and limitations of the feature.

IMHO

Tesla already complies with section A, if someone bothers to read the displayed agreement and the display each time autopilot is engaged.

Section B seems to refer to marketing materials, not the car.

And of course the courts will weigh in.

 

[JulienW]

I think this is another of many preventable crises that Tesla could have averted with an active PR department. Elon will blame everyone but himself for this. 2023 is going to be a very messy litigious year for Tesla.

...because it is "the deep state woke radical liberals. Moderate QAnon would have NEVER let this happen". 🤔 🤪 🤣

 

[nvx1977]

"WARNING: This product contains functionality known to the State of California to cause cancer."

 

[JulienW]

"WARNING: This product contains functionality known to the State of California to cause cancer."

....and may contain nuts"

 

[polyphonic54]

Since FSD is so close to being a fully finished product this really shouldn’t make much of a difference. 😄