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This petition urges the NHTSA to stop calling OTA updates ‘recalls’

Credit: Tesla

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One Tesla shareholder has launched a new petition encouraging the National Highway Traffic Safety Administration (NHTSA) to change the language surrounding safety recalls that are fixed with an over-the-air (OTA) software update.

On Tuesday, Sawyer Merritt announced on X that he has launched a petition to urge the NHTSA to stop classifying OTA software updates as recalls and to end the use of paper recall notices—which are often sent months after an issue is fixed with an OTA update.

Merritt says he has discussed the problems with Tesla, adding that the company is also working on the issues.

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

“We urge the National Highway Traffic Safety Administration (NHTSA) to modernize and simplify its vehicle recall practices,” Merritt writes in the petition. “As vehicles continue to get more technologically advanced, these common sense changes will help improve vehicle safety and consumer awareness.”

In the past, many media outlets have reported on the “major safety recalls” affecting Tesla’s vehicles when they were simply fixed with an OTA update, rather than needing to be brought in for repairs. As one recent example, many publications recently blasted Tesla over an NHTSA safety recall affecting 2.2 million vehicles, although it simply required the automaker to make a font size bigger for its brake, park and antilock brake systems.

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Not unlike with a smartphone, these kinds of issues are often fixed overnight in an OTA software update, though NHTSA letters for the widespread font recall weren’t mailed out until about two months later.

In a response to the petition, and to questions about considering a digital alternative in addition to or instead of paper recall letters, an NHTSA spokesperson told us the following:

“Defects that pose an unreasonable risk to safety are serious and should be remedied as soon as possible. Federal law requires manufacturers to issue recalls to remedy safety defects and noncompliances and issue notices to vehicle owners via first class mail.

“On background, a recall notification is an important acknowledgment of a safety defect or noncompliance with a safety regulation, regardless of the manner of the repair. The consumer needs to know of over-the-air remedies in case of an issue downloading the repair or if the safety defect or noncompliance persists due to an inadequate remedy.

“Unlike a software update to a computer or phone, a safety defect in a vehicle can put the lives of vehicle occupants and others on the road at risk.”

At the initial time of writing, Merritt’s petition is up to 1,483 signatures, just over an hour after it was launched. Tesla has not responded to Teslarati’s request for comment on the petition as of publishing.

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“Manufacturers are required to initiate a recall for any repair, including a software update, that remedies an unreasonable risk to safety,” an NHTSA spokesperson told Teslarati in an email in January.

“NHTSA recalls can include any required repair, which includes a software update, to remedy a potential safety risk. Manufacturers are also required to submit any communications to owners, dealers, and others about any software updates that address a defect, whether it is safety related or not.”

Updated 5:20 p.m. MT: Added NHTSA’s emailed response to the petition.

What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send your tips to us at tips@teslarati.com.

Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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Tesla Cybercab gets a for sale date at last

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Credit: Tesla

Tesla Cybercab units finally got a definitive date for when they will be able to be purchased by consumers, ending speculation regarding whether the fully autonomous vehicle would be available in the near term.

During Tesla’s third-quarter 2026 earnings call on October 21, Vice President of Engineering Lars Moravy said the company is aiming to begin delivering its purpose-built Cybercab robotaxi to customers before year-end.

“We’re trying to get Cybercabs to customers by the end of this year, 2026,” Moravy said. He added that production is underway on the line at Gigafactory Texas, but “all of those are currently going to our own internal Robotaxi fleet.”

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Moravy explained that as operations scale, Tesla will “mainly deliver fully designed autonomous vehicles to our customers,” with the Cybercab as the first such vehicle. Initial customer deliveries will start small while the company gains experience with delivery logistics, ownership models, fleet management, and operating autonomous vehicles outside its direct control.

CEO Elon Musk reinforced the limited nature of private sales, describing the Cybercab primarily as a “transport-as-a-service” offering rather than a personal ownership vehicle like the Model 3, Model Y, or upcoming Roadster. “The vast majority of the Cybercab stuff will be Tesla-owned and transport-as-a-service,” Musk said.

The Cybercab is a two-seater vehicle developed by Tesla without a steering wheel or pedals. It relies completely on Tesla’s Full Self-Driving suite and has been in production since February. Early units have been put in Tesla’s Robotaxi service as of early September, when the company launched rides to the public. Tesla previously indicated it would aim to sell Cybercabs for about $30,000.

Unsupervised Full Self-Driving is expected to ship to consumer cars during Q2 2027, Ashok Elluswamy, Tesla’s Head of AI, indicated during the call. Early buyers or fleet operators may receive vehicles whose autonomous operation remains geographically restricted due to lagging regulatory agencies. There are some hurdles that remain ahead of Cybercab deliveries.

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Elon Musk

Tesla Q3 2026 Earnings results: in-line revenues, slight beat on EPS

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Tesla (NASDAQ: TSLA) reported its earnings for the third quarter of 2026, marking a reasonable performance on the various financial metrics. Tesla still plans to hold a call that will field investor questions at 5:30 p.m. ET, 4:30 p.m. CT.

Here’s where Earnings came in:

  • Total Revenues: $28.046 reported vs. $28.34B expected
  • Non-GAAP EPS: $0.48 reported vs. $0.45 expected
  • Operating Margin: 2.6 % reported vs. 2.5% expected
  • Operating Income: $718M reported vs. $721M expected
  • Free Cash Flow: $1.531B reported vs. ~-$4.51B expected

Major Takeaways

Full Self-Driving (Supervised)

“FSD (Supervised)⁴ attach rate continued to grow, reaching over 75% of new vehicle deliveries in North America – our most mature market – a nearly twenty percentage point sequential increase. We believe that FSD is driving demand in markets where it is available, and we continue to work with regulators to get it approved in other markets.”

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Tesla Semi

“We began volume production of Tesla Semi, our Class 8 heavy-duty truck. The top variant can go 500 miles at full 82,000 lbs gross combination weight while achieving an efficiency of 1.7 kWh/mile. That efficiency allows the Tesla Semi to use a third of the energy used by a comparable diesel truck to haul the same payload. In a transportation market where energy is one of the largest components of total cost per mile, this will provide a meaningful advantage to Tesla Semi operators.”

SI Compute

“We plan to reach 400 MW of SI training compute by the end of the year, supporting the development of both vehicle and humanoid robot autonomy software. Additionally, we continued construction for the Austin Fab, where we plan to start commissioning equipment in 2027.”

Robotaxi

“We began deployment of Cybercab into our Robotaxi fleet in Austin. We reached nearly two million cumulative unsupervised miles for our Robotaxi service as of the end of the quarter. Operating hours in Austin are now 6am to midnight, and we expect to reduce wait times via increased fleet supply and improvement of Robotaxi orchestration algorithms. Grok is available in Cybercab with access to Grok Bot and Connectors, which allows users to manage their inbox, calendars, files, chats and tasks – all hands free via voice command – making Cybercab a mode of transport, a productivity space and, with our entertainment options, a second living room.”

Interested in ordering a Tesla? Use my referral code for three free months of Full Self-Driving (Supervised) here.

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Investor's Corner

Tesla reports Q3 Earnings today: here’s what to expect

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Credit: TechOperator | X

Tesla (NASDAQ: TSLA) reports its earnings for Q3 today. Here’s what to expect, as the company will reveal its balance sheet after the market closes on Wednesday.

Tesla already reported deliveries just after Q3 ended, and it demolished Wall Street consensus estimates of roughly 462,000 vehicles. Tesla delivered 486,532 cars in the third quarter, which was a big beat, but was down 2.1 percent from the same quarter last year. Energy storage deployments were 13.7 GWh, up year-over-year.

Tesla showrooms picked clean ahead of Q3 end as demand looks strong

For the quarter, analysts have already compiled their predictions for what Tesla will report this afternoon:

  • Total Revenues: $28.34B
  • Non-GAAP EPS: $0.43
  • Operating Margin: 2.5%
  • Operating Income: $721M
  • Free Cash Flow: ~-$4.51B

Here are a few things we are looking forward to hearing about on the call:

Automotive Gross Margin and Overall Profitability

This was 16.3 percent in Q2, down from 19.2 percent in Q1, and was impacted by warranty charges and some fading regulatory credits. Consensus implies overall gross margin near 18 percent, but a miss here would potentially reinforce concerns about pricing pressure on its vehicles.

Pay attention to energy storage margins as well, especially since Tesla missed GWh expectations, although it was still a strong quarter.

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Robotaxi/Cybercab, Unsupervised FSD, and Optimus Progress

The Say questions from retail investors usually focus on these types of projects, and this quarter is no different. Scaling the Cybercab fleet beyond Austin amid the open NHTSA safety review, timeline for Unsupervised FSD in customer cars, Robotaxi unit economics, and Optimus cost per unit plus when it could start generating revenue, are all things to be looking for.

Any concrete timelines or regulatory path details will likely move the stock more than the near-term numbers. SpaceX merger speculation, which was detailed during SpaceX’s earnings call last night, may also surface, although the key details were shared last night.

Elon Musk just confirmed the Tesla and SpaceX merger step everyone was waiting for

Say Investor Questions

  1. How does the Cybercab fleet scale past Austin, and what’s the regulatory path outside Texas given NHTSA’s open safety review?
  2. When can we anticipate FSD unsupervised in customer cars?
  3. When will the CyberCab be available for customer purchase/ownership?
  4. What’s the unit economics per paid robotaxi mile, and how does it compare to the thirty-cent target?
  5. Tesla has acknowledged that HW3 vehicles cannot support unsupervised FSD. When will owners know whether they can upgrade their hardware for free, and when will Tesla provide a clear plan?

The full Earnings Call will be streamed this evening after market close around 5 p.m. this evening.

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