Letter Text (PDF)

Washington (September 29, 2025) — Senator Edward J. Markey (D-Mass.) and Senator Richard Blumenthal (D-Conn.) today wrote to Jonathan Morrison, Administrator of the National Highway Traffic Safety Administration (NHTSA), urging the Administration to launch an investigation into the failure of Tesla’s Full Self-Driving (FSD) system to safely detect and respond to railroad crossings. Over the past year, a growing number of Tesla drivers have reported incidents in which vehicles equipped with FSD failed to recognize or properly respond to railroad crossings.

In the letter, the senators write, “The potential consequences of this kind of failure at a railroad crossing cannot be overstated and necessitate urgent action by NHTSA. Although mistakes such as a missed traffic sign or an illegal lane change are dangerous, a miscalculation at a train crossing can lead to catastrophic, multi-fatality collisions involving vehicle occupants, train passengers, and rail workers. Unfortunately, NHTSA’s response to the reports concerning railroad crossings has, so far, been deeply insufficient, with the agency doing nothing more than acknowledging it is aware of the incidents and stating it is in contact with the manufacturer. The seriousness of these incidents warrants an immediate official investigation. The traveling public desperately needs a traffic safety agency aggressively investigating vehicle safety defects, not an agency on autopilot.”

The senators continue, “Moreover, NHTSA’s previous investigations into FSD show that the system’s failures are not isolated. Tesla's system has been shown to misinterpret basic traffic infrastructure, particularly in low visibility or complex roadway conditions. For example, in October 2024, NHTSA opened a separate probe into FSD’s behavior under reduced visibility conditions, including several fatal and near-fatal collisions in which the system failed to detect stationary or slow-moving obstacles. Following the investigation, Tesla changed the name of its FSD system to “Full Self-Driving (Supervised)” and clarified the system is not autonomous in the fine print. While these changes represent a small improvement, recent reports indicate the system is still a clear danger on our roads.”

The senators conclude, “Given Tesla’s tattered safety record, we urge NHTSA to immediately launch a formal investigation into FSD’s operations around rail crossings. As part of this investigation, the agency should consider clear and obvious actions to protect the public, including restricting Tesla’s FSD to the road and weather conditions it was designed to operate in, as we have previously suggested, and requiring Tesla to adopt a name for its automated driving system that does not mislead drivers about its capabilities, as we previously suggested as well.”

In April of 2024, Senators Markey and Blumenthal urged NHTSA to take more aggressive action on autonomous vehicle safety, including by addressing several concerns specific to Tesla. Following the letter, NHTSA opened an investigation into Tesla’s dangerous autopilot system. The Senators issued a statement praising the Administration’s investigation. In August 2021, Senators Markey and Blumenthal sent a letter to the Federal Trade Commission (FTC), calling for it to launch an investigation into Tesla’s advertising of driving automation systems.

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