Krishnamoorthi Demands NHTSA Action After Tesla Drivers Caught Sleeping Behind the Wheel With Driver-Assistance System Engaged System Engaged

September 10, 2026 Press Release WASHINGTON — On Wednesday, Congressman Raja Krishnamoorthi (D-IL) demanded that the Department of Transportation and National Highway Traffic Safety Administration take immediate action to address the misuse of Tesla’s Autopilot and Full Self-Driving systems after an NBC News investigation identified dozens of videos appearing to show Tesla driver asleep or otherwise disengaged behind the wheel while their vehicles were moving. In a letter to Transportation Secretary Sean Duffy, Krishnamoorthi cited an NBC News investigation that identified 43 videos appearing to show individuals asleep in the driver’s seat of moving Teslas, including 17 posted this year alone. Tesla’s own documentation states that Autopilot and Full Self-Driving require active driver supervision and are not autonomous driving systems. In the letter, Krishnamoorthi writes: “A recent NBC News investigation identified 43 videos that appear to show individuals asleep in the driver’s seat of moving Teslas, including 17 posted this year alone. These incidents are particularly alarming because Autopilot and FSD require active driver supervision and are not autonomous driving systems. As these technologies become increasingly prevalent on American roads, DOT and NHTSA must ensure that manufacturers have adequate safeguards to prevent foreseeable misuse and that drivers are not encouraged to place dangerous levels of reliance on systems that still require their full attention.” Krishnamoorthi noted that NHTSA has previously identified shortcomings in Tesla’s driver-engagement safeguards. In an earlier engineering analysis of Autopilot, the agency concluded that Tesla’s system did not sufficiently ensure that drivers remained attentive and used the technology appropriately, identifying a mismatch between Autopilot’s substantial control over the vehicle and its safeguards for keeping drivers engaged. NBC News also reported on videos appearing to show Tesla drivers sleeping at highway speeds, using laptops, watching videos, and otherwise disengaging while FSD was operating. NBC News also reported that some drivers said they had been able to evade the cabin-camera monitoring system, including by wearing sunglasses or obstructing the camera. Krishnamoorthi also raised concerns about messages Tesla reportedly began displaying to drivers with software update 2025.32.3. WIRED reported that those messages included “Drowsiness detected. Stay focused with FSD” and “Lane drift detected. Let FSD assist so you can stay focused.” Because FSD requires continuous human supervision, Krishnamoorthi questioned whether encouraging a driver whom the vehicle has already detected as drowsy to use the system creates an additional safety risk. In the letter, Krishnamoorthi writes: “Advising an alert driver who experiences a momentary lane drift to use a driver-assistance feature is one thing. Encouraging a driver whom the vehicle has detected as drowsy to ‘stay focused with FSD’ presents a fundamentally different safety question. FSD requires continuous human supervision, yet the message appears to encourage use of the system precisely when the vehicle has detected that the driver may be less capable of providing that supervision.” The concerns come as NHTSA conducts an ongoing engineering analysis involving approximately 3.2 million Tesla vehicles equipped with FSD. The agency is examining whether FSD’s degradation-detection system can identify reduced roadway visibility and provide drivers with an adequate warning and sufficient time to respond. The investigation identifies nine incidents, including one fatality and one injury. Krishnamoorthi is demanding answers to the following questions: Is NHTSA aware of the growing body of publicly available videos showing Tesla drivers apparently asleep or otherwise disengaged from the driving task while Autopilot or FSD is operating? Has the agency assessed whether these incidents indicate a systemic problem with Tesla’s driver-monitoring or driver-engagement systems? Has NHTSA communicated with Tesla regarding videos depicting drivers sleeping, using laptops, watching video, gaming, or otherwise disengaging from the driving task while FSD is operating? If so, what information has Tesla provided regarding the frequency of such behavior and the effectiveness of its safeguards? What data has NHTSA collected or requested from Tesla—through the Standing General Order or other authorities—concerning driver inattention, drowsiness, or apparent driver disengagement in crashes involving Autopilot or FSD? How many such incidents has the agency identified since January 1, 2024? What is NHTSA’s current assessment of the effectiveness of Tesla’s cabin-camera-based driver-monitoring system? Specifically, has the agency evaluated its performance when the cabin camera is obstructed, visibility is impaired, or drivers use sunglasses, hats, or other means that may interfere with detection? What findings would lead NHTSA to conclude that Tesla’s driver-monitoring or driver-engagement systems constitute a safety defect requiring corrective action, including a safety recall? Krishnamoorthi requested a written response by September 30, 2026. Congressman Krishnamoorthi’s letter is available here .