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Tesla FSD and phone typing: Elon Musk says “YES”, the law says “NO” – Who will ultimately pay the fine?

The autonomy revolution or the most expensive offense in history? Tesla loosens the reins, and Europe trembles.

Tesla FSD
Photo: Tesla

Let's be honest, for a moment, between us. We've all done it. The phone vibrates, the red light seems to last forever, and the hand slides to the "forbidden fruit" in the center console. Until now, this act has been haunted by a bad conscience and, in Tesla's case, that pesky in-cabin camera screaming at us like a hysterical math teacher. But Elon Musk, the man who would probably try to colonize the Sun if he had enough sunscreen, has just changed the rules of the game. Or at least he thinks he has. His latest tweet (sorry, "post on X") claims that you can now officially type in your Tesla. But before you open Tinder in the middle of the highway, read the fine print. Because the devil - and the cop with the ticket - is always in the details. So - Tesla FSD.

Let's start with the facts before we get into philosophy. Elon Musk has confirmed that the latest update Tesla FSD (Full Self-Driving) v14.2.1 loosens up the driver’s control. Previously, a system using a camera in the cabin tracked your eyeball with sniper precision. If you looked at your phone, you got a warning (“naked”). If you did it too much, the car “punished” you by taking away your privileges. Like a naughty child without dessert.

Now? Musk says: “Depending on the context of the surrounding traffic, yes.”

This means that in slow traffic, in those endless queues that are the order of the day in any decent big city, your car will no longer weigh you down if you check your email or like photos of cats on Instagram. It sounds like liberation. It sounds like the future. But the problem is, your car is not a lawgiver.

A car that's smarter than your lawyer

To understand why this is important, we need to look at the machine it's happening in. Take the Tesla Model 3 Highland Long Range, which is probably the most rational yet brutal car on the market right now.

This isn't just an iPad on wheels. This is engineering poetry. We're talking about two electric motors that together produce 366 kW (498 hp) of power. Torque? A whopping 493 Nm (364 lb-ft), available instantly – the moment you think about accelerating. This "people's" car shoots you to 100 km/h (62 mph) in a mere 4.4 seconds. That's faster than most people need to find the message icon on their phone. Top speed is limited to 201 km/h (125 mph), which in most countries is enough to lose your driver's license in three seconds.

Photo: Tesla

The battery, with a capacity of around 79 kWh (usable capacity), gives a range of up to 629 km (390 miles) on the WLTP cycle. And when you stop? It charges at up to 250 kW, meaning you'll barely have time for a coffee and that elusive text message before the battery is full again.

FSD in Europe: The Forbidden Fruit Coming

Here comes the irony. In the US, the FSD system behaves like a teenager whose parents have gone away for the weekend – it does almost anything it wants. In Europe, however, UNECE regulations keep us on a tight leash. Our “autopilot” is neutered. It is not allowed to turn too sharply, it is not allowed to change lanes without confirmation, and God forbid we let go of the steering wheel for more than a few seconds.

But beware! Rumors and legislative proposals suggest that things are about to change in 2025. Europe is preparing the ground for DCAS (Driver Control Assistance Systems) regulations, which will finally allow Tesla to show its true colors on our winding roads. And when that arrives, the issue of “texting and driving” will become crucial here too.

“FSD is no longer just an assistant. It becomes a partner. And like any partner, sometimes it turns a blind eye when you do something stupid.”

Photo: Tesla
Photo: Tesla

But let's not be naive. Musk, by allowing phone use, is not technically turning the car into a Level 3 or Level 4 autonomous vehicle. At those levels, the manufacturer assumes liability for an accident. Tesla is saying, "Look, you can use your phone, but if you crash, it's your own fault." It's like someone giving you a loaded gun, telling you it's safe to play with, but asking you to sign a liability waiver.

Technology that saves lives (or at least nerves)

Despite the cynicism, there is something positive to be acknowledged. Tesla's FSD (Supervised) system, in its latest version v12.x and v13, has shown that it drives more naturally than most drivers I meet on the Ljubljana bypass. It stops gently, anticipates pedestrians and doesn't honk at cyclists for no reason. The fact that they are relaxing control in slow-moving traffic is a logical step. People in traffic are already on their phones anyway. Tesla is simply acknowledging reality and adjusting the system to stop "gravitating" when the risk is minimal.

Is it safe? Probably more so than doing it in a 20-year-old diesel with a manual transmission while eating a sandwich. The Tesla has eight cameras that see 360 degrees around the vehicle, a processor that calculates probabilities faster than NASA, and reflexes that don't depend on caffeine.

Photo: Tesla

Below the line_ autonomous driving is here – Tesla FSD

Where does that leave us? In a gray area where technology is outpacing legislation at the speed of light. Elon Musk offers us freedom, and the police and insurance companies offer us reality. The fact is that until the law says that the car is legally responsible for driving, every time you type on your phone is a lottery with your wallet and your safety.

Yet, as you sit in this technological marvel, in the silence of the electric drive, while the car glides through traffic on its own, you can't shake the feeling that we're living in the future. It may be a little scary, it may be a little legally vague, but it's damn fascinating.

The price for this privilege? The Model 3 Highland “Long Range” will cost you around €50,000, plus additional 7,500 EUR for the FSD package (currently reduced functionality in Europe). Is it worth it? If you're a techno-optimist who believes that one day the car will drive better than you - absolutely. Just please, when a police officer stops you for tweeting about Musk while driving, don't tell him that "Uncle Elon" gave you permission to do so. It won't work.

Rating: 5/5 stars for courage, 2/5 stars for legal certainty. Together? A ride you won't forget.

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