Elon Musk calls on NHTSA to update terminology following 1M unit Tesla ‘recall’

Credit: TED

Elon Musk called the NHTSA’s terminology of over-the-air software updates being used as recalls “outdated and inaccurate,” after the agency issued a recall on over one million Tesla EVs due to a window system malfunction.

This morning, the NHTSA issued a Safety Recall Report for 1,096,762 Tesla vehicles, including the 2021-2022 Tesla Model S, 2021-2022 Tesla Model X, 2017-2022 Tesla Model 3, and 2020-2021 Tesla Model Y vehicles. The issue has to do with Tesla’s window automatic reversal system. The NHTSA said, “Affected vehicles may not meet certain automatic window reversal system requirements in FMVSS 118, Section 5 (automatic reversal systems). When closing in circumstances subject to FMVSS 118, Section 5, the window may exert more force than Section 5 permits before retracting. The window may also retract less than the distance required under Section 5.”

Additionally, the agency described the risk, stating, “If a window is closing and detects an obstruction, the condition may increase the risk of a pinching injury to the occupant.”

However, Tesla is not going to need to bring the over one million vehicles into Service Centers to remedy the issue. It can be fixed with a Software Update, which will be sent out by Tesla and downloaded to each affected vehicle over the internet.

Musk believes the terminology of “recall” needs to be updated as vehicles with malfunctions like the window automatic reversal system can be remedied with downloadable fixes:

The terminology leads to a confusing description of the problem, as most people resonate the word “recall,” with an issue that needs to be fixed with a hardware replacement. However, the NHTSA has continued to utilize “recall” to describe these types of issues.

However, the NHTSA told Teslarati in February that manufacturers are required to initiate recalls for any repair, including software updates. According to the agency’s description, a software update still falls under the definition of a “recall.”

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Tesla is not the only company that has been embattled with the confusion that is recalls and over-the-air software updates. Ford was able to remedy nearly 49,000 Mustang Mach-E units in June due to a high-voltage main battery contactor malfunction through software updates.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

Joey Klender: Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his time at TESLARATI, Joey has broken several big stories, including the first images of the Tesla Model S Plaid, the imminent release of the 4680 Model Y through EPA certification, and several expansions to the Lucid AMP-1 factory in Arizona, to name a few. His stories have been featured in several publications, including Yahoo! Finance, Fox News, CNET, and Seeking Alpha. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on Twitter @KlenderJoey.
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