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NHTSA investigates 416k Tesla Model 3 and Model Y over phantom braking complaints

Credit: Whole Mars Catalog/YouTube

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The National Highway Traffic Safety Administration (NHTSA) has opened a preliminary investigation on approximately 416,000 Tesla Model 3 and Model Y from the 2021 and 2022 model years over the vehicles’ tendency to unexpectedly apply their brakes while their driver-assist systems are engaged. This issue, dubbed among the EV community as “phantom braking,” could be a safety problem, especially for Teslas on Autopilot or FSD Beta that are traveling on highway speeds. 

Tesla’s vehicles are equipped with a suite of driver-assist features that allow them to make the driving experience easier. Even among cars without the company’s FSD Beta system, Teslas are typically equipped with basic Autopilot, which includes features that allow vehicles to brake, accelerate, and steer automatically within their lanes. FSD Beta, which is only available to owners that qualify for the program through their Safety Scores, allow Teslas to perform automated driving tasks within inner-city streets. 

According to the NHTSA, it has received 354 complaints from Tesla Model 3 and Model Y owners over the past nine months about their vehicles’ phantom braking issues. According to the agency’s ODI Resume, complaints from Tesla owners indicate that phantom braking incidents happen without warning, and seemingly at random times. Fortunately, no crashes or injuries connected to phantom braking incidents have been reported to date. 

The NHTSA’s ODI Resume provided a summary of its preliminary investigation into Tesla’s vehicles in the following section.

“The Office of Defects Investigation (ODI) has received 354 complaints alleging unexpected brake activation in 2021-2022 Tesla Model 3 and Model Y vehicles. Received over the past nine months, the reports have often been characterized as ‘phantom braking’ by consumers. Tesla describes the subject vehicles as equipped with a suite of advanced driver assistance system (ADAS) features referred to as Autopilot which Tesla states will allow the vehicle to brake and steer automatically within its lanes. 

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“The complaints allege that while utilizing the ADAS features including adaptive cruise control, the vehicle unexpectedly applies its brakes while driving at highway speeds. Complainants report that the rapid deceleration can occur without warning, at random, and often repeatedly in a single drive cycle. ODI is opening this Preliminary Evaluation (PE) to determine the scope and severity of the potential problem and to fully assess the potential safety-related issues.” 

Tesla is currently experiencing increased scrutiny from the NHTSA, with the company being hit with investigations and several recalls. Since October alone, Tesla ended up issuing ten recalls for its vehicles, some of which were done under pressure from the NHTSA. A good number of these recalls, such as the disabling of FSD Beta’s rolling stop feature, were addressed through a free over-the-air software update. 

The NHTSA’s ODI Resume about its recent Tesla investigation can be accessed below.  

INOA-PE22002-4385 by Simon Alvarez on Scribd

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Dutch regulator RDW confirms Tesla FSD February 2026 target

The regulator emphasized that safety, not public pressure, will decide whether FSD receives authorization for use in Europe.

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The Dutch vehicle authority RDW responded to Tesla’s recent updates about its efforts to bring Full Self-Driving (Supervised) in Europe, confirming that February 2026 remains the target month for Tesla to demonstrate regulatory compliance. 

While acknowledging the tentative schedule with Tesla, the regulator emphasized that safety, not public pressure, will decide whether FSD receives authorization for use in Europe.

RDW confirms 2026 target, warns Feb 2026 timeline is not guaranteed

In its response, which was posted on its official website, the RDW clarified that it does not disclose details about ongoing manufacturer applications due to competitive sensitivity. However, the agency confirmed that both parties have agreed on a February 2026 window during which Tesla is expected to show that FSD (Supervised) can meet required safety and compliance standards. Whether Tesla can satisfy those conditions within the timeline “remains to be seen,” RDW added.

RDW also directly addressed Tesla’s social media request encouraging drivers to contact the regulator to express support. While thanking those who already reached out, RDW asked the public to stop contacting them, noting these messages burden customer-service resources and have no influence on the approval process. 

“In the message on X, Tesla calls on Tesla drivers to thank the RDW and to express their enthusiasm about this planning to us by contacting us. We thank everyone who has already done so, and would like to ask everyone not to contact us about this. It takes up unnecessary time for our customer service. Moreover, this will have no influence on whether or not the planning is met,” the RDW wrote. 

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The RDW shares insights on EU approval requirements

The RDW further outlined how new technology enters the European market when no existing legislation directly covers it. Under EU Regulation 2018/858, a manufacturer may seek an exemption for unregulated features such as advanced driver assistance systems. The process requires a Member State, in this case the Netherlands, to submit a formal request to the European Commission on the manufacturer’s behalf.

Approval then moves to a committee vote. A majority in favor would grant EU-wide authorization, allowing the technology across all Member States. If the vote fails, the exemption is valid only within the Netherlands, and individual countries must decide whether to accept it independently.

Before any exemption request can be filed, Tesla must complete a comprehensive type-approval process with the RDW, including controlled on-road testing. Provided that FSD Supervised passes these regulatory evaluations, the exemption could be submitted for broader EU consideration.

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Tesla says Europe could finally get FSD in 2026, and Dutch regulator RDW is key

As per Tesla, a Dutch regulatory exemption targeted for February 2026 could very well be the key gateway for a Europe-wide rollout of FSD.

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Credit: Grok Imagine

Tesla has shared its most detailed timeline yet for bringing Full Self-Driving (Supervised) to Europe. The electric vehicle maker posted its update through the official X account of Tesla Europe & Middle East. 

As per Tesla, a Dutch regulatory exemption targeted for February 2026 could very well be the key gateway for a Europe-wide rollout of FSD.

Tesla pushes for EU approval

Tesla stated that it has spent more than 12 months working directly with European authorities and delivering FSD demonstrations to regulators in several EU member state. Tesla highlighted a number of its efforts for FSD’s release in Europe, such as safety documentation for FSD, which is now included in its latest public Safety Report, and over 1 million kilometers of internal testing conducted on EU roads across 17 countries.

To unlock approval, Tesla is relying on the Netherlands’ approval authority RDW. The process requires proving compliance with UN-R-171 for driver-assist systems while also filing Article 39 exemptions for behaviors that remain unregulated in Europe, such as hands-off system-initiated lane changes and Level 2 operation on roads that are not fully covered by current rules. Tesla argued that these functions cannot be retrofitted or adjusted into existing frameworks without compromising safety and performance.

“Some of these regulations are outdated and rules-based, which makes FSD illegal in its current form. Changing FSD to be compliant with these rules would make it unsafe and unusable in many cases. While we have changed FSD to be maximally compliant where it is logical and reasonable, we won’t sacrifice the safety of a proven system or materially deteriorate customer usability,” Tesla wrote in its post. 

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Tesla targets February 2026 approval

According to Tesla, real-world safety data alone has not been considered sufficient by EU regulators, prompting the company to gather evidence to get exemptions on a specific rule-by-rule basis. RDW has reportedly committed to issuing a Netherlands National approval in February 2026, which could pave the way for other EU countries to recognize the exemption and possibly authorize local deployment of FSD. 

“Currently, RDW has committed to granting Netherlands National approval in February 2026. Please contact them via link below to express your excitement & thank them for making this happen as soon as possible. Upon NL National approval, other EU countries can immediately recognize the exemption and also allow rollout within their country. Then we will bring it to a TCMV vote for official EU-wide approval. We’re excited to bring FSD to our owners in Europe soon!” Tesla wrote in its post. 

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Investor's Corner

Tesla stock lands elusive ‘must own’ status from Wall Street firm

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Tesla model y with FSD Unsupervised at Giga Texas
Credit: Tesla AI | X

Tesla stock (NASDAQ: TSLA) has landed an elusive “must own” status from Wall Street firm Melius, according to a new note released early this week.

Analyst Rob Wertheimer said Tesla will lead the charge in world-changing tech, given the company’s focus on self-driving, autonomy, and Robotaxi. In a note to investors, Wertheimer said “the world is about to change, dramatically,” because of the advent of self-driving cars.

He looks at the industry and sees many potential players, but the firm says there will only be one true winner:

“Our point is not that Tesla is at risk, it’s that everybody else is.”

The major argument is that autonomy is nearing a tipping point where years of chipping away at the software and data needed to develop a sound, safe, and effective form of autonomous driving technology turn into an avalanche of progress.

Wertheimer believes autonomy is a $7 trillion sector,” and in the coming years, investors will see “hundreds of billions in value shift to Tesla.”

A lot of the major growth has to do with the all-too-common “butts in seats” strategy, as Wertheimer believes that only a fraction of people in the United States have ridden in a self-driving car. In Tesla’s regard, only “tens of thousands” have tried Tesla’s latest Full Self-Driving (Supervised) version, which is v14.

Tesla Full Self-Driving v14.2 – Full Review, the Good and the Bad

When it reaches a widespread rollout and more people are able to experience Tesla Full Self-Driving v14, he believes “it will shock most people.”

Citing things like Tesla’s massive data pool from its vehicles, as well as its shift to end-to-end neural nets in 2021 and 2022, as well as the upcoming AI5 chip, which will be put into a handful of vehicles next year, but will reach a wider rollout in 2027, Melius believes many investors are not aware of the pace of advancement in self-driving.

Tesla’s lead in its self-driving efforts is expanding, Wertheimer says. The company is making strategic choices on everything from hardware to software, manufacturing, and overall vehicle design. He says Tesla has left legacy automakers struggling to keep pace as they still rely on outdated architectures and fragmented supplier systems.

Tesla shares are up over 6 percent at 10:40 a.m. on the East Coast, trading at around $416.

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