Photo illustration of Elon Musk looking out the back window of a Tesla car.

Illustration by Fernando Capeto for Forbes; Photos by Mike Coppola/Getty Images; Artur Widak/NurPhoto/Getty Images

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The main U.S. market for electric vehicles, alifornia, enacted a new law at the start of the 21st century that requires manufacturers and dealers to avoid deceptive marketing of partially automated driving technology. Even though the company has admitted that it does not make its cars fully autonomously, it is still promoting its Full Self- Driving feature to California customers.

The rule was signed into law last September and states that a manufacturer or dealer can't use language that implies or would otherwise lead a reasonable person to believe that the feature allows. It requires dealers and manufacturers to give a description of the capabilities and limitations of partially automated driving features.

“It's marketing the feature as Full Self-Driving, I think that pretty clearly lulls drivers into a false sense of complacency.”

Adam Kovacevich, CEO, Chamber of Progress

Customers ordering directly from the company's website are still asked if they would like to add the $15,000 Full Self-Driving option to their vehicles.

It's not safe to call driver assistance software self- driving. The Chamber of Progress, an interest group pushing for stronger rules on the marketing of automated driving tech, says it's up to the Department of Motor Vehicles to enforce it. Tesla's software is amazing, but it's not self driving. It's marketing the feature as Full Self- Driving, I think that lulls drivers into a false sense of security.

Tesla_California_Law_Self_Driving

According to the description of its Full Self-Driving features, it doesn't actually enable self-driving cars.

Tesla

The California Department of Motor Vehicles was unable to comment on the matter. The company didn't reply to questions.

The California rule, the first of its kind in the U.S., was created to reduce confusion among drivers who mistakenly think their vehicles can operate autonomously with no hands on the wheel. The National Highway Traffic Safety Administration is currently looking at dozens of accidents involving partially automated driving features. While the company informs drivers that they are required to monitor road conditions and be ready to take control of their vehicles, fans of the company often post videos about the self-driving capabilities of their cars.

Senator Gonzalez told Forbes that the legislation is important to keeping people safe on the road. The Department of Motor Vehicles is in contact with my office to make sure drivers are protected.

The Chamber of Progress says that each violation of the California marketing rule can be punished with fines of up to $250. The company could be fined up to 45 million dollars if it doesn't alter its marketing language and maintain the same volume of sales in California in the first half of the year.

Controversy over the use of both Autopilot and Full Self-Driving has been going on for a long time. Engineers and lawyers for the company have told regulators that the features aren't really self-sufficient. The Los Angeles Times reported that before the new law took effect, the California Department of Motor Vehicles accusedTesla of false advertising.

The Department of Motor Vehicles said in complaints filed with California's Office of Administrative Hearings that the statements were untrue or misleading.

The company hasn't commented on the matter, and the Department of Motor Vehicles hasn't detailed any punishments it may have taken against them.

There's no doubt that the California Legislature wanted to get rid of the term "full self- driving" from the title of the car. Eric Goldman is a law professor and co-director of Santa Clara University's High Tech Law Institute. We know that Musk's companies do not always follow the rules. Sometimes they do what they're told. They sometimes don't.