NHTSA Ends Probe Into Tesla's Video Game Feature

Matt Posky
by Matt Posky

On Tuesday, the National Highway Traffic Safety Administration (NHTSA) announced that it was wrapping up its investigation into Tesla’s "Passenger Play" feature. The service originally offered occupants the ability to play a slew of video games while vehicles were in motion. But this was changed after the automaker felt pressure from federal regulators.


The NHTSA launched its investigation in December of 2021, concerned that the feature may prove distracting. While the agency cited it as a “Preliminary Evaluation,” Tesla was clearly stressed about what that might lead to and modified the gaming service to function only while vehicles were stopped.


According to Reuters, the NHTSA has confirmed that it will not be seeking a recall of the 580,000 automobiles it was investigating. Though it predictably remains worried, after some of the relevant data provided by the manufacturer “produced significant concerns about driver distraction during the time that it was available.”


From Reuters:


NHTSA said in closing the investigation without seeking a recall it was not indicating "a finding by NHTSA that no safety-related defect exists. Furthermore, it does not foreclose the agency from taking further action, if warranted."
Tesla, which did not immediately respond to a request to comment, told NHTSA that no consumer complaints or collisions had been reported concerning the use of Passenger Play in the subject vehicles during a year of use.
NHTSA said that a month after Tesla voluntarily disabled Passenger Play capability with an over-the-air software update it reported a 97 [percent] completion rate. NHTSA's investigation covered Tesla vehicles sold since 2017 that had the feature.
NHTSA said "apparent driver use of Passenger Play while not in Park in approximately a third of the trips in which the feature was in use demonstrates the importance of affirmative technology-based lockouts over administrative controls such as labeling or disclaimer screens."


Despite there not being a lot of firm rules on how infotainment systems are integrated into the driving experience, federal regulators have often attempted to offer guidance without setting anything in stone. The NHTSA proposed automakers ensure infotainment systems and interior layouts “factor safety and driver distraction-prevention into their designs” in 2014. Ideally, the agency said that vehicles should be made so that drivers cannot “perform inherently distracting secondary tasks” whenever they’re supposed to be driving.


But the very existence of modern infotainment screens has proven to be more distracting than what came before. Your author even has suspicions that they may be one of the reasons we’ve seen accident rates spike in recent years. Meanwhile, some advanced safety systems appear to create more opportunities for drivers to take an increasingly passive role behind the wheel with regulators starting to recommend them as standard equipment.


It’s quite the conundrum and something the NHTSA should undoubtedly be aware of, as it has likewise been running an investigation into the efficacy of Tesla’s Autopilot feature for ages. The Department of Transportation (DOT) had initially narrowed its focus on the automaker over the aggressive way Autopilot was marketed. But it eventually began looking at other companies offering similar systems, which is probably what it should have done, to begin with.


Still, the DOT signaling fears that some advanced driving aids aren't all they're cracked up to be rarely translates into direct actions being taken to prohibit or improve them. With few exceptions, automakers can implement things as they please, provided that they don't interfere with preexisting safety regulations. Though exceptions have been made for test vehicles and even pilot programs vying to deliver fully autonomous vehicles.


While it’s difficult to say what the correct approach is, the NHTSA seems to be missing the forest for the trees. Over the last decade, touchscreen-based interfaces have gone from a novelty to ubiquitous and there’s a wealth of data to support assertions that they’re making everyone more distracted. Focusing on whether or not motorists can play video games while flying down the expressway doesn’t address the larger issue.


Every automaker under the sun wants to force their customers into utilizing those screens as often as possible so they can leverage new services and features into something profitable. Data capture is also an issue the industry has pivoted toward of late and, despite connected cars gathering a lot of data for manufacturers just by being on the road, companies would prefer to have consumers interfacing with on-board screens (rather than phones) whenever possible.


Though I suppose it’s good news that Tesla drivers hoping to adjust their air conditioning only need to be preoccupied with a massive central touch screen while hurtling down the road at 70 mph.


[Image: Tesla]

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Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Lou_BC Lou_BC on May 30, 2023

    How about a new game?


    It's called, "DRIVE THE FOOKING CAR YOURSELF".

  • Art Vandelay Art Vandelay on May 31, 2023

    Does it have "Hide the Sausage"? That is the game Tassos and EBFlex will be playing in there

  • ToolGuy First picture: I realize that opinions vary on the height of modern trucks, but that entry door on the building is 80 inches tall and hits just below the headlights. Does anyone really believe this is reasonable?Second picture: I do not believe that is a good parking spot to be able to access the bed storage. More specifically, how do you plan to unload topsoil with the truck parked like that? Maybe you kids are taller than me.
  • ToolGuy The other day I attempted to check the engine oil in one of my old embarrassing vehicles and I guess the red shop towel I used wasn't genuine Snap-on (lots of counterfeits floating around) plus my driveway isn't completely level and long story short, the engine seized 3 minutes later.No more used cars for me, and nothing but dealer service from here on in (the journalists were right).
  • Doughboy Wow, Merc knocks it out of the park with their naming convention… again. /s
  • Doughboy I’ve seen car bras before, but never car beards. ZZ Top would be proud.
  • Bkojote Allright, actual person who knows trucks here, the article gets it a bit wrong.First off, the Maverick is not at all comparable to a Tacoma just because they're both Hybrids. Or lemme be blunt, the butch-est non-hybrid Maverick Tremor is suitable for 2/10 difficulty trails, a Trailhunter is for about 5/10 or maybe 6/10, just about the upper end of any stock vehicle you're buying from the factory. Aside from a Sasquatch Bronco or Rubicon Jeep Wrangler you're looking at something you're towing back if you want more capability (or perhaps something you /wish/ you were towing back.)Now, where the real world difference should play out is on the trail, where a lot of low speed crawling usually saps efficiency, especially when loaded to the gills. Real world MPG from a 4Runner is about 12-13mpg, So if this loaded-with-overlander-catalog Trailhunter is still pulling in the 20's - or even 18-19, that's a massive improvement.
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