Update, August 19, 2026: Musk’s Dec. 4 reply was about driver-monitoring leniency on FSD (Supervised) v14.2.1 in some traffic, not a legal carve-out. BBC later asked whether texting in a Tesla was “crazy.” U.S. states still ban handheld texting. Tesla did not publish a Level 3 type-approval. Tesery’s same-day sibling is the first-person “We Tested” piece — a different handle, not merged.
On December 4, 2025 someone asked Elon Musk on X whether they could text and drive on the latest FSD. He replied: “Depending on context of surrounding traffic, yes.” Coverage (including Not a Tesla App) tied that to FSD (Supervised) v14.2.1 sometimes not nagging a brief phone glance. That is a cabin-camera policy comment. It is not “Tesla legalized texting,” not unsupervised Robotaxi, and not a police-proof shield.
Depending on context of surrounding traffic, yes
— Elon Musk (@elonmusk) December 4, 2025
Key facts
- What Musk said: Yes, depending on surrounding traffic — six words, no owner’s-manual rewrite.
- What the software still is: Full Self-Driving (Supervised). You remain the driver of record.
- What the law still is: Handheld texting is illegal in U.S. states. A cop does not have to know you are on FSD.
- What this is not: SAE Level 3 “eyes off” certification, or an NHTSA exemption.
Nag vs statute
Tesla’s cabin camera can warn you for looking away. If v14.2.1 sometimes lets a glance slide in light traffic, that is Tesla’s nag curve, not a DMV memo. Holiday-week firmware around then is Tesery’s 2025.44.25.5 / v14.2.1.25 note. Later v14.2.2 is a different build.
FAQ
Can I legally text on FSD in California?
California still bans handheld devices for the person in the driver’s seat. Musk’s X reply does not repeal that.
If the car crashes while I text, whose crash is it?
You are still the Supervised driver unless a later law says otherwise. Do not treat a tweet as insurance advice.
Is this Robotaxi?
No. Robotaxi is a different product and permit stack.
For owners: if you want to stay un-ticketed and un-sued, keep your eyes on the road. The nag relaxing is not a hall pass.
Featured photo: Tesla Model 3 (file photo of a Supervised FSD car, not a cabin-camera still). Image via Wikimedia Commons.
Related: Same-day “We Tested” sibling · Holiday firmware with v14.2.1.25 · v14.2.2 still Supervised
