Elon Musk Says Tesla FSD Allows Texting While Driving Despite 49-State Ban

Elon Musk confirmed Tesla’s Full Self-Driving software v14.2.1 allows drivers to text while behind the wheel under certain conditions.

Why it matters: Texting while driving remains illegal in 49 U.S. states, Washington D.C., and all U.S. territories, and the driver, not Tesla, bears full legal liability.

The Details

• A Tesla owner asked on X whether FSD v14.2.1 permits extended phone use while driving.
• Musk replied December 4, 2025: “Depending on context of surrounding traffic, yes.”
• Montana is the only U.S. state without a texting-while-driving ban.
• Tesla’s FSD remains a Level 2 supervised system requiring constant driver attention.
• Five driver attention violations can result in FSD suspension via Tesla’s in-cabin camera monitoring.

By The Numbers

• FSD Version: v14.2.1
• States Where Texting Is Illegal: 49 plus D.C. and U.S. territories
• NHTSA FSD Investigation: 2.88 million Tesla vehicles
• Reported Traffic Violations: 58 incidents, 14 crashes, 23 injuries
• Attention Strikes Before Suspension: 5

EVXL’s Take

Musk’s confirmation exposes a fundamental disconnect in Tesla’s messaging. At Tesla’s annual shareholder meeting, Musk called texting while driving “kind of the killer app” for FSD.

Yet Tesla’s own documentation states FSD does not make vehicles autonomous and requires active driver supervision. If a police officer pulls you over or you crash while texting, Tesla will not accept responsibility.

This statement arrives while NHTSA investigates 2.88 million Tesla vehicles for FSD-related traffic violations, including red-light running and crashes.

We covered how Tesla released its aggressive “Mad Max” mode just one week after that investigation opened. Now Musk is publicly endorsing illegal behavior that the driver alone will face consequences for.

Unlike Waymo, which accepts liability for its autonomous fleet, Tesla’s terms place all responsibility on the human behind the wheel.

Frequently Asked Questions

• Is texting while driving legal with Tesla FSD? No. Regardless of FSD status, texting remains illegal in 49 states, D.C., and U.S. territories. Only Montana has no ban.
• Who is liable if I crash while texting in a Tesla? The driver bears full liability. Tesla does not accept responsibility for incidents involving its Level 2 FSD system.
• Will Tesla disable FSD if I text? Tesla’s in-cabin cameras monitor driver attention. Repeated attention violations can result in FSD suspension after five strikes.