Musk says Tesla’s new software allows texting and driving, which is illegal in most states

Tesla CEO Elon Musk said in an

Musk responded to another user who noticed that the latest software update, known as FSD, was not issuing a warning while he was using his phone while driving. The update allows this “depending on the context of surrounding traffic,” the Tesla CEO wrote.

Musk did not provide any details, and Tesla does not have a public relations team that can provide more information. Musk did not immediately respond to an email request for comment.

Nearly all 50 states have banned texting while driving, and about half of states have made it illegal to use a cell phone while driving, according to the U.S. Bureau of Transportation Statistics.

Despite Musk’s constant hype, FSD is still a driver-assistance system that doesn’t make Tesla cars fully autonomous. Drivers, who are warned by Tesla to keep their hands on the wheel even when FSD is engaged, bear responsibility.

The FSD uses a combination of an in-cabin camera and steering wheel sensors to monitor driver attention. Because FSD is just driver assistance software, not full autonomy, drivers must be prepared to take control of the car if the system encounters a situation it can’t handle. Handing over control is often a key element in accidents involving the use of driver assistance systems.

Musk himself has said in the past that Autopilot, the driver-assistance system that comes standard on all Tesla vehicles, sometimes makes drivers feel complacent and confident. Regulators have detected more than a dozen fatal crashes in which Autopilot was active.

The National Highway Traffic Safety Administration (NHTSA) is currently investigating the FSD program after it discovered more than 50 reports of running red lights or crossing into the wrong lanes. NHTSA is also investigating FSD for reported crashes in low visibility conditions. NHTSA did not immediately respond to a request for comment.

Tesla is also nearing the end of a long legal battle with the California Department of Motor Vehicles over how the company markets FSD and its less capable predecessor, Autopilot. During a series of hearings in July, the DMV accused Tesla of misleading customers for years about whether they could drive their cars themselves. The government agency asked the judge to suspend the company’s sale and manufacture of its cars for at least 30 days. A decision in this case is expected by the end of this year.