A U.S. congressman is demanding federal regulators investigate Tesla's driver-assistance systems after discovering dozens of videos showing drivers asleep while their cars were in motion. The concern centers on whether Tesla's Autopilot and Full Self-Driving (FSD) features have adequate safeguards to keep drivers engaged, especially given that these systems are explicitly designed to require active human supervision.

What Prompted the Congressional Investigation?

U.S. Rep. Raja Krishnamoorthi of Illinois sent a letter to Transportation Secretary Sean Duffy urging the National Highway Traffic Safety Administration (NHTSA) to investigate Tesla's driver-assistance features. His concern was sparked by a NBC News investigation that identified 43 videos appearing to show individuals asleep in the driver's seat of moving Teslas, with 17 of those videos posted in 2026 alone.

"A recent NBC News investigation identified 43 videos that appear to show individuals asleep in the driver's seat of moving Teslas, including 17 posted this year alone," Krishnamoorthi wrote in his letter to federal officials.

U.S. Rep. Raja Krishnamoorthi

The congressman emphasized a critical distinction in his letter: these systems are not autonomous vehicles. "These incidents are particularly alarming because Autopilot and FSD require active driver supervision and are not autonomous driving systems," he stated. This distinction matters because it highlights a potential gap between how the technology is marketed and how drivers are actually using it.

Why Is This a Safety Problem?

Tesla's Autopilot and Full Self-Driving are classified as Level 2 autonomous systems, meaning the driver must remain attentive and ready to take control at any moment. The California Learning Resource Network noted in February 2025 that despite its name, "Tesla FSD is not a Level 5 autonomous system. Currently, and as of the time of this writing, it is generally considered to be a Level 2 system with advanced capabilities, verging on Level 3, but not fully meeting its requirements".

Tesla itself includes warnings in its Model 3 owner's manual: "You must remain attentive and be ready to take over at all times while Full Self-Driving (Supervised) is engaged. While Full Self-Driving (Supervised) is engaged, the cabin camera monitors driver attentiveness". The fact that Tesla includes a cabin camera to monitor driver attention suggests the company recognizes the risk of driver disengagement, yet videos show this safeguard may not be working as intended.

What Is NHTSA Already Investigating?

This congressional push comes as federal regulators are already scrutinizing Tesla's autonomous driving technology. NHTSA currently has six open probes related to Tesla vehicles, including an engineering analysis of Full Self-Driving that was upgraded in March 2026 after several crashes occurred under reduced-visibility conditions such as sun glare, fog, and airborne dust. One of those crashes resulted in a pedestrian fatality.

Additionally, NHTSA has opened an investigation into Tesla's Cybercab robotaxi operations, the company's two-seat autonomous vehicle with no steering wheel or pedals that Tesla is preparing to deploy as a driverless ride-hailing service.

How Is Tesla's Robotaxi Service Expanding?

While the sleeping driver controversy unfolds, Tesla is simultaneously rolling out its robotaxi service in multiple cities. The company piloted its first driverless taxi service in Austin in June 2025 using a fleet of self-driving Model 3 sedans and Model Y SUVs carrying paying passengers without human drivers. The service is now available in areas of Austin, Dallas, Houston, Miami, Orlando, and Tampa, with a limited taxi service also introduced in San Francisco in July 2025.

Tesla's robotaxis currently rely on a fleet of Tesla-owned vehicles equipped with the company's "unsupervised" Full Self-Driving software, a more advanced iteration of the controversial "supervised" FSD system. CEO Elon Musk has stated that thousands of Teslas are already using unsupervised FSD at the company's Fremont factory, performing "reliably every day, thousands of times a day".

What Are the Key Concerns About Driver Disengagement?

Krishnamoorthi's investigation highlights a fundamental tension in how driver-assistance technology is being used in the real world. The congressman noted that "NHTSA has already identified the dangers that can arise when a highly capable driver-assistance system is paired with inadequate safeguards against driver disengagement," and he called for a "clear determination of whether those lessons have been fully addressed".

• System Classification: Tesla's Autopilot and FSD are Level 2 systems requiring active driver supervision, not fully autonomous vehicles capable of operating without human intervention.
• Documented Incidents: 43 videos show drivers asleep in moving Teslas, with 17 posted in 2026, suggesting the problem may be worsening rather than improving.
• Safety Monitoring: While Tesla includes cabin cameras to monitor driver attentiveness, the videos indicate this safeguard may not be preventing dangerous driver disengagement.
• Regulatory Scrutiny: NHTSA has six open probes into Tesla vehicles, including investigations into FSD crashes that resulted in fatalities and Cybercab operations.

What Steps Should Regulators Take?

Krishnamoorthi is calling on NHTSA to determine whether Tesla has implemented sufficient safeguards to prevent driver disengagement when driving-assistance tools are engaged. This investigation would examine whether the company's current safety measures, including the cabin camera monitoring system, are adequate to prevent the kind of dangerous behavior documented in the videos.

The timing of this congressional pressure is significant. Tesla is simultaneously expanding its robotaxi service while facing increased scrutiny over whether its driver-assistance systems are safe for public use. The company's plans to eventually allow all Tesla owners to rent out their personal vehicles as part of a shared driverless fleet depend on demonstrating that unsupervised FSD can operate safely without human oversight. However, the sleeping driver videos suggest that even with supervision requirements in place, drivers are finding ways to disengage from the road, raising questions about whether a fully autonomous version of the technology can be trusted.

As federal investigations continue and Tesla prepares to expand its robotaxi operations nationwide, the question of how to prevent driver disengagement in Level 2 systems remains unresolved. The congressman's push for a formal NHTSA investigation signals that Congress is taking the issue seriously and expects regulators to ensure that driver-assistance technology does not inadvertently encourage the kind of dangerous behavior captured in these videos.