Two NHTSA Investigations, Each Covering 3M+ Vehicles
Tesla faces simultaneous investigations: EA26002 (camera degradation, 9 incidents including 1 fatality, one step from mandatory recall) and PE25012 (red lights and wrong-way driving, 80 incidents, 23 injuries). No comprehensive federal AV law has passed in nine years of attempts.
Will EA26002 result in a mandatory recall, and can Tesla resolve it via OTA software update or is a hardware fix needed?
One Procedural Step From Mandatory Recall
EA26002 investigates failures in FSD's degradation detection system across 3.2 million vehicles. In each of 9 confirmed crashes, FSD lost track of or never detected a lead vehicle due to camera degradation from sun glare, fog, or condensation. One crash was fatal.
Camera-Only Vulnerability Exposed
This investigation highlights a fundamental vulnerability of camera-only systems: cameras can be rendered ineffective by environmental conditions (glare, fog, condensation) that LiDAR systems are less susceptible to. The 9 incidents represent exactly the edge cases that LiDAR advocates cite as the reason multi-sensor fusion is necessary for safety-critical autonomy.
No Federal AV Law in Nearly a Decade of Attempts
The SELF DRIVE Act passed the House unanimously in September 2017 but died when the Senate companion stalled over safety and liability objections. Similar legislation was reintroduced in the 116th and 117th Congresses without reaching a floor vote. The pattern continues.
| SELF DRIVE Act | 115th (2017) | Passed House unanimously, died in Senate | AV START Act stalled on safety/liability |
| Reintroductions | 116th-117th | Never reached floor vote | Same objections persisted |
| 5 AV bills | 119th (2025) | Introduced, in committee | Fragmented approach |
| SELF DRIVE Act 2026 | 119th (2026) | Introduced Feb 5, 2026 | House passage again likely, Senate uncertain |