Key facts
- US Senators Edward Markey and Richard Blumenthal have requested NHTSA review Tesla's FSD safety data.
- A Reuters report alleges Tesla exaggerated its safety claims by using flawed statistical comparisons.
- The senators cited concerns that Tesla's FSD safety data is weak and misleading.
- They urged NHTSA to enhance reporting requirements for companies developing self-driving technology.
- Tesla has presented its safety data to European regulators in attempts to gain approval for FSD.
Two U.S. senators have called on the National Highway Traffic Safety Administration (NHTSA) to examine Tesla's safety data for its "Full Self-Driving" (FSD) system. The request, made by Democratic Senators Edward Markey of Massachusetts and Richard Blumenthal of Connecticut, follows a Reuters investigation that suggested Tesla has been exaggerating its safety claims.
In a letter sent to NHTSA, the senators stated that the analysis underpinning Tesla's FSD safety statistics is "weak and misleading," posing an "urgent safety problem." They are asking the agency to determine whether it has evaluated Tesla's claims or requested the underlying crash data. The senators also urged NHTSA to strengthen reporting requirements for companies utilizing self-driving or advanced driver-assistance systems to ensure public safety claims are accurate.
The Reuters examination reportedly found that Tesla has inflated its safety figures by comparing crash rates in FSD-piloted vehicles that triggered airbag deployments to a broader U.S. crash rate that includes less severe accidents. The investigation also noted that Tesla's comparisons to the average U.S. vehicle, which is older than the average Tesla, distort the results due to the gradual introduction of new safety features by automakers. Tesla has also reportedly presented this data to European regulators in its bid for FSD approval.
The investigation alleges that Tesla calculated its FSD crash rate using only incidents that triggered airbag deployments or pyrotechnic restraints and compared this data to the U.S. national crash average compiled by federal agencies such as NHTSA, which includes thousands of minor, non-airbag "property-damage-only" fender-benders. Additionally, the report alleges that Tesla compared its safety data to that of older cars, missing modern crash-prevention technologies that are standard on Teslas. The average U.S. vehicle is over a decade old, meaning it lacks modern active and passive safety features such as automatic emergency braking and advanced airbags that reduce crash rates in newer cars. Finally, Tesla’s telematics and safety reports misrepresent Tesla’s Autopilot's and FSD risk profile, according to the investigation. To wit, autopilot is typically deployed on highly controlled highways, meaning the system accumulates disproportionate mileage in lower-risk environments compared to overall human driving.
Tesla is currently navigating the complex European regulatory framework via country-by-country approvals while chasing blanket approval with mixed results. Following more than a year of testing, the Dutch road authority RDW granted type approval for Tesla’s FSD in April 2026. RDW says it relies on its own verified test tracks and data auditing, rather than third-party marketing statistics. The agency is currently lobbying for EU-wide approval on Tesla's behalf. In contrast, the Norwegian Public Roads Administration has warned drivers that Tesla's numbers are "self-produced" and cannot be accurately correlated with official national accident statistics. Reuters’ findings do not appear to threaten Tesla’s Dutch approval, which was granted following independent testing by RDW rather than reliance on Tesla’s published safety statistics. However, the timing is critical, as European regulators are currently considering broader deployment of FSD technology across the continent. Earlier this month, 18 European countries signed a joint declaration to coordinate cross-border testing of autonomous vehicles and accelerate the deployment of self-driving technology across the continent. With regulators working toward a more unified framework for autonomous driving and robotaxi services beginning to emerge in cities including London, Madrid, and Zagreb, scrutiny of the safety claims underpinning advanced driver-assistance systems is likely to intensify.