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Tesla’s software fixes, the NHTSA’s status quo, and an impending need for updated recall terminologies
It is no secret that Tesla is a popular topic, so much so that the coverage around the company is immense. Couple this with CEO Elon Musk’s rockstar persona and you get a company whose vehicles are looked at under a microscope constantly. It might feel unfair for some, but it’s just the way it is. Tesla — by simply being Tesla — is newsworthy.
Tesla’s newsworthiness is a double-edged sword. A look at the coverage for the company’s vehicle recalls from the NHTSA would prove this point. So notable is Tesla’s news coverage that a mainstream newsreader would likely get the impression that Teslas get recalls frequently. The opposite is true. As evidenced by Reuters in the graphic below, data from January 1, 2020, through February 17, 2022, shows that Tesla actually recalls its vehicles less frequently than some of the market’s leading automakers. Tesla is also the only carmaker performing a large share of its vehicle recalls through over-the-air software updates.
Tesla currently handles the majority of the industry’s remote software recalls, but it would soon not be the only one. New electric vehicle makers have used the idea of software updates as a means to promote their EVs’ capabilities. Rivian has performed OTA updates to its R1 vehicles, and those cars are only starting customer deliveries. Lucid is the same with its Air sedan, with the company rolling out features like Automatic Emergency Braking, Cross-Traffic Protection, Lane Departure Protection, Traffic Drive-Off Alert, and other features earlier this month through a software update. Ford has been rolling out updates called “Power-Ups” to the Mustang Mach-E as well.
Considering that software-based fixes are only bound to get more widespread over the coming years, one must then ask the question: Should software-based over-the-air fixes be dubbed and classified with the same terminologies as physical recalls, which typically involve the replacement of vehicle hardware?
A Vastly Different “Recall” Experience
Any car owner has likely experienced a recall for their vehicle at some point in their driving life. And more likely than not, one’s experience is probably not that pleasant. I certainly count myself among drivers who look at vehicle recalls with trepidation. My current vehicle, a Japanese-made van, was part of a minor fuel pump recall a couple of years ago, and even addressing that took a whole day out of my weekend. The dealer was overwhelmed with the number of cars it was fixing that day, and tempers among owners were flaring by the hour — all for a simple fuel pump replacement. I’ve been told that my experiences with vehicle recalls are not that unique.
In comparison, a software-based fix, such as the disabling of FSD Beta’s “rolling stops” feature, only required affected vehicles to be connected to the internet. There was no dealer visit, no forms to fill out, and no staff to argue with. The car was connected to the internet, a software fix was implemented, and the issue was resolved. One can argue that Tesla’s software fix to disable FSD Beta’s “rolling stops” feature was safety-related, and that’s true. But one could also argue that at least from a driver’s point of view, the experience related to software and hardware-based recalls is vastly different.
The Status Quo
Despite the different experiences involved when software and hardware-based vehicle recalls are addressed, it appears that the National Highway Traffic Safety Administration (NHTSA) will, at least for now, keep the status quo. Teslarati reached out to the NHTSA to inquire if it was considering the adoption of updated terminologies for cars whose fixes are completed through OTA software updates, but the agency suggested that this would likely not be the case, at least for now. According to the NHTSA, vehicle manufacturers must initiate a recall for any repair that remedies a safety risk, regardless of whether the issue is fixed by software update or by hardware replacement.
“The National Highway Traffic Safety Administration is committed to ensuring the highest safety standards on the nation’s roadways. NHTSA is empowered with robust tools and authorities to protect the public, to investigate potential safety issues, and to compel recalls when it finds evidence of noncompliance or an unreasonable risk to safety. Manufacturers are required to initiate a recall for any repair, including a software update, that remedies an unreasonable risk to safety. 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,” the NHTSA stated.
Product recall specialist and associate professor at the Indiana University Kelley School of Business Professor George Ball told Teslarati that while the NHTSA’s use of similar terminologies for software and hardware-based recalls is “definitely an example of regulators and industry moving at a different pace on technology,” the agency’s hesitation in adopting new terminologies for OTA fixes is understandable. Professor Ball further explained that using terms such as “soft recall” to refer to software-based vehicle fixes might imply a reduced level of risk, and this is something that the NHTSA would likely be unwilling to do.
“I believe NHTSA would resist ‘soft recall’ terminology because it implies a reduced level of customer hazard and allows the firm to be under less scrutiny by the press and public for quality corrections. While some updates are minor, some of the Tesla software upgrades are actually quite serious, and if not done, can allow a harmful defect to persist,” the recall specialist said.
But while the NHTSA’s stance on recall terminologies is completely understandable, one cannot deny the fact that the issues covered by vehicle recalls have a very wide range of risks. Take Tesla’s recall for 817,143 vehicles, which was announced earlier this month, for example. The recall was initiated since a software error may prevent a warning chime from activating even if drivers do not have their seat belts on. From a layman’s perspective, this recall seems grave as it affects over 800,000 Teslas on the road today. However, the issue was simply addressed through firmware release 2021.43.101.1 and later, which included a remedy for the seat belt chime error.
Compare this with General Motors’ recall last year of 400,000 pickup trucks in the US. Granted, it only affected about half as many vehicles as Tesla’s seat belt chime recall, but its hardware-based nature suggested that the risk presented by the issue was great. The recall covered certain 2015 and 2016 Chevrolet and GMC Sierra 1500, 2500, and 3500 trucks, and it involved a faulty airbag inflator that may rupture without warning. To fix the issue, owners of the affected trucks were required to head to a dealer so that they could get their airbag modules replaced. Since parts were in short supply last year, however, owners were notified with a letter to inform them when their trucks’ replacement parts were available.
What Can Be Done
While the NHTSA will likely continue to maintain the status quo with its recall terminologies for the foreseeable future, Professor Ball told Teslarati that the agency can actually implement some adjustments now that can make distinguishing safety fixes and issues clearer. This would likely be extremely important in the near future as more connected cars are rolled out and software updates become the norm.
“If I were to provide advice to the NHTSA, I would recommend that they get out ahead of this issue before every car maker starts updating cars like Tesla. One way to do it is to require the automaker to send all auto updates to NHTSA when pushed out, and to classify updates as ‘minor’ or ‘major.’ Any major update that impacts customer safety would be classified as a recall. Automakers won’t like this, but it will help keep the safety fixes transparent for all, especially consumers. By sending all updates to NHSTA, the agency could assign qualified people to audit the classifications assigned by the manufacturer, to ensure they are making good decisions there.
“I think any language that de-emphasizes the importance of a safety recall is not likely to be supported by NHTSA, and it doesn’t likely help customer safety. A clear distinction needs to be made between minor updates and major updates that influence safety. Those major updates should be classified as a recall, and NHTSA needs to get their arms around these updates and keep on top of them soon, or they will fall way behind the industry,” the recall specialist said.
Recalls can affect the perception of a company to the public. Software fixes should be one of the factors that are considered an edge for automakers like Tesla, not the other way around. Gary Black, Managing Partner of The Future Fund LLC, explained this from the point of view of a Tesla investor. “Since every NHTSA recall so far has been quickly solvable via Tesla OTA updates, ‘recalls’ are noise to most investors. Tesla’s huge software edge highlights one of the key advantages of owning Tesla over every other EV manufacturer,” the Wall Street veteran told Teslarati.
OTA updates, including those related to vehicle safety, are coming. With automakers like Ford joining the group of carmakers embracing OTA updates, software-based fixes are inevitable. Ultimately, I am inclined to agree with the recall specialist. By refusing to adapt to the advent of software-based vehicle fixes, the NHTSA may risk being left behind by the automotive industry. And that’s a scenario that I believe no automaker — or government agency for that matter — would prefer.
Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.
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I subscribed to Tesla Full Self-Driving after four free months: here’s why
It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.
I have been lucky enough to experience Tesla Full Self-Driving for the entire duration of my ownership experience for free — for four months, I have not had to pay for what I feel is the best semi-autonomous driving suite on the market.
Today, my free trial finally ran out, and I had two choices: I could go without it for a period until I felt like I absolutely needed it, or I could subscribe to it, pay $99 per month, and continue to experience the future of passenger transportation.
I chose the latter, here’s why.
Tesla Full Self-Driving Takes the Stress Out of Driving
There are a handful of driving situations that I don’t really enjoy, and I think we all have certain situations that we would just rather not encounter. This is not to say that I won’t ever experience them as someone who has driven a car for 15 years (it feels weird saying that).
I don’t love to drive in cities; I really don’t like driving on I-695 on my way to Baltimore, and I truly hate parallel parking. All three things I can do and have done, all three within the past few weeks, too.
It takes all the stress out of city driving pic.twitter.com/q0SPPrH4HU
— TESLARATI (@Teslarati) December 4, 2025
However, if I can avoid them, I will, and Tesla Full Self-Driving does that for me.
Tesla Full Self-Driving Eliminates the Monotony
I drive to my alma mater, Penn State University, frequently in the Winter as I am a season ticket holder to Wrestling and have been for 16 years now.
The drive to State College is over two hours and over 100 miles in total, and the vast majority of it is boring as I travel on Rt 322, which is straight, and there is a lot of nature to look at on the way.
I am willing to let the car drive me on that ride, especially considering it is usually very low traffic, and the vast majority of it is spent on the highway.
The drive, along with several others, is simply a boring ride, where I’d much rather be looking out the windshield and windows at the mountains. I still pay attention, but having the car perform the turns and speed control makes the drive more enjoyable.
Tesla Full Self-Driving Makes Navigating Easier
Other than the local routes that I routinely travel and know like the back of my hand, I’ve really enjoyed Full Self-Driving’s ability to get me to places — specifically new ones — without me having to constantly check back at the Navigation.
Admittedly, I’ve had some qualms with the Nav, especially with some routing and the lack of ability to choose a specific route after starting a drive. For example, it takes a very interesting route to my local Supercharger, one that nobody local to my area would consider.
But there are many times I will go to a new palce and I’m not exactly sure where to go or how to get there. The Navigation, of course, helps with that. However, it is really a luxury to have my car do it for me.
To Conclude
There was no doubt in my mind that when my Full Self-Driving trial was up, I’d be subscribing. It was really a no-brainer. I am more than aware that Full Self-Driving is far from perfect, but it is, without any doubt, the best thing about my Tesla, to me.
It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.
🚨 How I’ve gotten Tesla Full Self-Driving for free…until now
Watch me subscribe to Tesla FSD! https://t.co/bjK7EEOptR pic.twitter.com/cs5CmN5PdJ
— TESLARATI (@Teslarati) January 7, 2026
The Tesla Diner has been subject to many points of criticism since its launch in mid-2025, and skeptics and disbelievers claim the company’s latest novel concept is on its way down, but there’s a lot of evidence to state that is not the case.
The piece cites anecdotal evidence like empty parking lots, more staff than customers during a December visit, removed novelty items, like Optimus robot popcorn service and certain menu items, the departure of celebrity chef Eric Greenspan in November 2025, slow service, high prices, and a shift in recent Google/Yelp reviews toward disappointment.
The piece frames this as part of broader Tesla struggles, including sales figures and Elon Musk’s polarizing image, calling it a failed branding exercise rather than a sustainable restaurant.
This narrative is overstated and sensationalized, and is a good representation of coverage on Tesla by today’s media.
Novelty Fade is Normal, Not Failure
Any hyped launch, especially a unique Tesla-branded destination blending dining, Supercharging, and a drive-in theater, naturally sees initial crowds taper off after the “Instagram effect” wears down.
Tesla makes major change at Supercharger Diner amid epic demand
This is common for experiential spots in Los Angeles, especially pop-up attractions or celebrity-backed venues. The article admits early success with massive lines and social media buzz, but treats the return to normal operations as “dying down.”
In reality, this stabilization is a healthy sign of transitioning from hype-driven traffic to steady patronage.
Actual Performance Metrics Contradict “Ghost Town” Claims
- In Q4 2025, the Diner generated over $1 million in revenue, exceeding the average McDonald’s location
- It sold over 30,000 burgers and 83,000 fries in that quarter alone. These figures indicate a strong ongoing business, especially for a single-location prototype focused on enhancing Supercharger experiences rather than competing as a mass-market chain
It’s not a ghost town lol. The @Tesla Diner still had over 30,000 burger orders and 83,000 fries orders in Q4. The diner generated over $1M in revenue in Q4, a $4M annual run rate, which is more than the average McDonald’s…. pic.twitter.com/XvAGLUqxej
— Sawyer Merritt (@SawyerMerritt) January 4, 2026
Conflicting On-the-Ground Reports
While the article, and other similar pieces, describe a half-full parking lot and sparse customers during specific off-peak visits, other recent accounts push back:
- A January 2026 X post noted 50 of 80 Supercharger stalls were busy at 11 a.m., calling it “the busiest diner in Hollywood by close to an order of magnitude
TESLA DINER 🍔
Frantic!!!
Crazy busy. pic.twitter.com/wMbmr8SFFn
— Rich & Sharon (@HullTeslaModel3) January 4, 2026
- Reddit discussions around the same time describe it as not empty when locals drive by regularly, with some calling the empty narrative “disingenuous anti-Tesla slop.”
When we visited it last week it was packed. We had to wait to enter, get a table and go to the restroom. We were lucky to find a spot to charge.
— Rani G (@ranig) January 4, 2026
Bottom Line
The Tesla Diner, admittedly, is not the nonstop circus it was at launch–that was never sustainable or intended. But, it’s far from “dying” or an “empty pit stop.”
It functions as a successful prototype: boosting Supercharger usage, generating solid revenue, and serving as a branded amenity in the high-traffic EV market of Los Angeles.
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Tesla stands to win big from potential adjustment to autonomous vehicle limitations
Enabling scale, innovation, and profitability in a sector that is growing quickly would benefit Tesla significantly, especially as it has established itself as a leader.
Tesla stands to be a big winner from a potential easing of limitations on autonomous vehicle development, as the United States government could back off from the restrictions placed on companies developing self-driving car programs.
The U.S. House Energy and Commerce subcommittee will hold a hearing later this month that will aim to accelerate the deployment of autonomous vehicles. There are several key proposals that could impact the development of self-driving cars and potentially accelerate the deployment of this technology across the country.
These key proposals include raising the NHTSA’s exemption cap from 2,500 to 90,000 vehicles per year per automaker, preempting state-level regulations on autonomous vehicle systems, and mandating NHTSA guidelines for calibrating advanced driver assistance systems (ADAS).
Congress, to this point, has been divided on AV rules, with past bills like the 2017 House-passed measure stalling in the Senate. Recent pushes come from automakers urging the Trump administration to act faster amid competition from Chinese companies.
Companies like Tesla, who launched a Robotaxi service in Austin and the Bay Area last year, and Alphabet’s Waymo are highlighted as potential beneficiaries from lighter sanctions on AV development.
The NHTSA recently pledged to adopt a quicker exemption review for autonomous vehicle companies, and supporters of self-driving tech argue this will boost U.S. innovation, while critics are concerned about safety and job risks.
How Tesla Could Benefit from the Proposed Legislation
Tesla, under CEO Elon Musk’s leadership, has positioned itself as a pioneer in autonomous driving technology with its Full Self-Driving software and ambitious Robotaxi plans, including the Cybercab, which was unveiled in late 2024.
The draft legislation under consideration by the U.S. House subcommittee could provide Tesla with significant advantages, potentially transforming its operational and financial landscape.
NHTSA Exemption Cap Increase
First, the proposed increase in the NHTSA exemption cap from 2,500 to 90,000 vehicles annually would allow Tesla to scale up development dramatically.
Currently, regulatory hurdles limit how many fully autonomous vehicles can hit the roads without exhaustive approvals. For Tesla, this means accelerating the rollout of its robotaxi fleet, which Musk envisions as a network of millions of vehicles generating recurring revenue through ride-hailing. With Tesla’s vast existing fleet of over 6 million vehicles equipped with FSD hardware, a higher cap could enable rapid conversion and deployment, turning parked cars into profit centers overnight.
Preempting State Regulations
A united Federal framework would be created if it could preempt State regulations, eliminating the patchwork of rules that currently complicate interstate operations. Tesla has faced scrutiny and restrictions in states like California, especially as it has faced harsh criticism through imposed testing limits.
A federal override of State-level rules would reduce legal battles, compliance costs, and delays, allowing Tesla to expand services nationwide more seamlessly.
This is crucial for Tesla’s growth strategy, as it operates in multiple markets and aims for a coast-to-coast Robotaxi network, competing directly with Waymo’s city-specific expansions.
Bringing Safety Standards to the Present Day
Innovation in the passenger transportation sector has continued to outpace both State and Federal-level legislation, which has caused a lag in the development of many things, most notably, self-driving technology.
Updating these outdated safety standards, especially waiving requirements for steering wheels or mirrors, directly benefits Tesla’s innovative designs. Tesla wanted to ship Cybertruck without side mirrors, but Federal regulations required the company to equip the pickup with them.
Cybercab is also planned to be released without a steering wheel or pedals, and is tailored for full autonomy, but current rules would mandate human-ready features.
Streamlined NHTSA reviews would further expedite approvals, addressing Tesla’s complaints about bureaucratic slowdowns. In a letter written in June to the Trump Administration, automakers, including Tesla, urged faster action, and this legislation could deliver it.
In Summary
This legislation represents a potential regulatory tailwind for Tesla, but it still relies on the government to put forth action to make things easier from a regulatory perspective. Enabling scale, innovation, and profitability in a sector that is growing quickly would benefit Tesla significantly, especially as it has established itself as a leader.
I subscribed to Tesla Full Self-Driving after four free months: here’s why
Tesla Diner becomes latest target of gloom and doom narrative
