# NHTSA's Tesla Autopilot recall: 2,031,220 vehicles fixed over-the-air after regulators found Autosteer's controls insufficient to prevent driver misuse

> On Dec. 12, 2023 Tesla filed NHTSA recall 23V-838 covering 2,031,220 Model S, X, 3 and Y vehicles, stating that 'the prominence and scope' of Autosteer's controls 'may not be sufficient to prevent driver misuse' of the SAE Level 2 driver-assistance feature; the remedy was a free over-the-air software update (version 2023.44.30). The recall resolved a NHTSA investigation opened Aug. 13, 2021 into crashes with stationary first-responder vehicles, and Tesla acted 'while not concurring with the agency's analysis.' Figures are quoted verbatim from Tesla's primary NHTSA Part 573 filing and corroborated by Consumer Reports.

- Verification status: pending
- Case type: deployment
- Provider: Tesla, Inc. (Autopilot / Autosteer SAE Level 2 advanced driver-assistance system); the U.S. National Highway Traffic Safety Administration (NHTSA) was the enforcing regulator
- Client: Tesla, Inc. (subject/manufacturer; NHTSA is the acting regulatory body), automotive (named)
- Sector: automotive / US / ops
- Canonical URL: https://theinternetninja.com/stories/tesla-autopilot-nhtsa-recall-2031220-vehicles-autosteer-controls-misuse-2023/
- Source: The Internet Ninja (theinternetninja.com), independent verified-proof platform

## Outcomes

| Metric | Before | After |
| --- | --- | --- |
| NHTSA recall 23V-838 covered 2,031,220 Tesla vehicles equipped with Autosteer (NHTSA Part 573 Safety Recall Report, primary; Consumer Reports, 2023) |  |  |
| Recall filed because 'the prominence and scope of the feature's controls may not be sufficient to prevent driver misuse' of the SAE Level 2 feature (NHTSA Part 573 report, primary) |  |  |
| Remedy was a free over-the-air software update, version 2023.44.30, escalating to eventual Autosteer suspension for repeatedly inattentive drivers (NHTSA Part 573 report, primary) |  |  |
| Recall resolved NHTSA investigation PE21-020/EA22-002, opened Aug. 13, 2021 into crashes with stationary first-responder vehicles; Tesla acted 'while not concurring with the agency's analysis' (NHTSA Part 573 report and EA22-002 resume, primary) |  |  |
| NHTSA's own EA22-002 closing resume independently confirms the recall's administration and resolution: 'Given Tesla's recall (23V838) ... ODI is closing EA22002' (NHTSA ODI closing resume and RQ24009 opening resume, primary) |  |  |

## Verification method

Every load-bearing figure is quoted verbatim from a source fetched and saved to sources/ this session. The 2,031,220-vehicle count, the affected model years, the defect description ('the prominence and scope of the feature's controls may not be sufficient to prevent driver misuse'), the over-the-air remedy (version 2023.44.30) and the chronology (PE21-020 opened Aug. 13, 2021, upgraded to EA22-002 on June 8, 2022, voluntary recall decided Dec. 5, 2023) are quoted from Tesla's Part 573 Safety Recall Report 23V-838, a mandatory NHTSA regulatory filing dated Dec. 12, 2023 (Tier 1, primary; saved to sources/nhtsa-part573-recall-23V-838.pdf, Wayback 20260901180046). The '830,000'-vehicle population estimate and the first-responder-crash pattern that opened the investigation are quoted from NHTSA's EA22-002 opening resume of June 8, 2022 (Tier 1, primary; saved to sources/nhtsa-ea22002-opening-resume-2022.pdf, Wayback 20260901180052). The 'more than two million' vehicle count, the over-the-air software version, and the independent assessment that the fix is insufficient are quoted from Consumer Reports (Keith Barry, Dec. 13, 2023, Tier 2, independent journalism; saved to sources/consumerreports-tesla-autopilot-recall-2023-12-13.html, Wayback 20260901180108). That Tesla administered recall 23V-838 and that it resolved EA22-002 are independently corroborated by two NHTSA-authored primary records: the EA22-002 closing resume (closed Apr. 25, 2024; Tier 1; saved to sources/nhtsa-ea22002-closing-resume-2024.pdf, Wayback 20260901183048) and the RQ24009 opening resume (Apr. 25, 2024; Tier 1; saved to sources/rq24009-opening.pdf, Wayback 20260901183057). No confirmation was sought from Tesla; only already-public official records and independent press are used.

## FAQ

**How many Tesla vehicles did the 2023 Autopilot recall cover?**

NHTSA recall 23V-838, filed December 12, 2023, listed 2,031,220 potentially involved vehicles: certain 2012-2023 Model S, all 2016-2023 Model X, all 2017-2023 Model 3 and all 2020-2023 Model Y vehicles equipped with Autosteer. Consumer Reports independently described it as 'more than two million affected vehicles.'

**Why did NHTSA recall Tesla Autopilot?**

Tesla's Part 573 report states that 'in certain circumstances when Autosteer is engaged, the prominence and scope of the feature's controls may not be sufficient to prevent driver misuse of the SAE Level 2 advanced driver-assistance feature.' The recall resolved a NHTSA investigation opened August 13, 2021 into crashes in which Tesla vehicles operating with Autopilot struck stationary first-responder vehicles. Tesla filed the recall 'while not concurring with the agency's analysis.'

**How was the recall fixed?**

With a free over-the-air software update, version 2023.44.30, that added controls and alerts to keep drivers attentive, including increasing the prominence of visual alerts, extra checks when engaging Autosteer, and eventual suspension from Autosteer use if a driver repeatedly fails to demonstrate continuous and sustained driving responsibility.

## Full case file

**Verification status: CHECKING — every figure is quoted verbatim from Tesla's own mandatory NHTSA Part 573 recall filing (a primary regulatory record) and corroborated by Consumer Reports. The 2,031,220-vehicle count, the defect language and the over-the-air remedy each rest on the primary filing; the story's one soft element is whether the fix actually worked, which is carried here by an independent expert opinion rather than a regulator finding.**

## The problem
This is a case about an AI-adjacent driver-assistance system that regulators concluded did too little to keep the human in the loop. Tesla's Autopilot is, in Tesla's own words, a package of "SAE Level 2 advanced driver-assistance features, including Autosteer and Traffic-Aware Cruise Control (TACC), that drivers may choose to engage subject to certain defined operating limitations" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). Under that design "the driver is the operator of the vehicle," "responsible for the vehicle's movement with their hands on the steering wheel at all times, remaining attentive to surrounding road conditions, and intervening ... as needed to maintain safe operation" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). The regulatory concern was that the controls policing that responsibility fell short: "in certain circumstances when Autosteer is engaged, the prominence and scope of the feature's controls may not be sufficient to prevent driver misuse of the SAE Level 2 advanced driver-assistance feature" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). The safety risk NHTSA and Tesla described is concrete: if a driver misuses the feature and is "unprepared to intervene," or fails "to recognize when the feature is canceled or not engaged," "there may be an increased risk of a collision" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)).

The investigation behind the recall began with a specific crash pattern. NHTSA opened its inquiry because of "an accumulation of crashes in which Tesla vehicles, operating with Autopilot engaged, struck stationary in-road or roadside first responder vehicles tending to pre-existing collision scenes" ([source](https://static.nhtsa.gov/odi/inv/2022/INOA-EA22002-3184.PDF)). NHTSA's Part 573 report dates the start precisely: "On August 13, 2021, NHTSA opened a Preliminary Evaluation (PE21-020) to investigate eleven incidents involving stationary first-responder vehicles and Tesla vehicles that were operating with Autosteer engaged" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). That preliminary evaluation covered an estimated <span class="kpi">830,000</span> Tesla vehicles when it was upgraded ([source](https://static.nhtsa.gov/odi/inv/2022/INOA-EA22002-3184.PDF)).

## What was built
The recalled component was software, and so was the fix. NHTSA's Part 573 report identifies the recalled component as "Vehicle Software," specifically "all versions of Autosteer leading up to the version(s) that contains the recall remedy" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). The scope was very large: the "Number of potentially involved" vehicles was <span class="kpi">2,031,220</span>, at an "estimated percentage with defect" of <span class="kpi">100%</span> ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). Those vehicles were "certain MY 2012-2023 Model S ... and all MY 2016-2023 Model X vehicles, all MY 2017-2023 Model 3 vehicles and all MY 2020-2023 Model Y vehicles that are equipped with Autosteer and were produced through December 7, 2023" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). Consumer Reports independently described the same event, reporting that "Tesla has issued an over-the-air software update to its Autopilot active driving assistance (ADA) system for more than two million affected vehicles" ([source](https://www.consumerreports.org/cars/car-recalls-defects/tesla-recalls-cars-due-to-autopilot-concerns-a6186663858/)).

The remedy strengthened the driver-monitoring loop rather than changing the vehicle hardware. "At no cost to customers, affected vehicles will receive an over-the-air software remedy, which is expected to begin deploying to certain affected vehicles on or shortly after December 12, 2023, with software version 2023.44.30" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). The added controls, "depending on vehicle hardware," include "increasing the prominence of visual alerts on the user interface, simplifying engagement and disengagement of Autosteer, additional checks upon engaging Autosteer and while using the feature outside controlled access highways and when approaching traffic controls, and eventual suspension from Autosteer use if the driver repeatedly fails to demonstrate continuous and sustained driving responsibility while the feature is engaged" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). Consumer Reports confirmed the mechanism, noting that "Software version 2023.44.30 is already being deployed to affected vehicles as part of a free over-the-air (OTA) update" ([source](https://www.consumerreports.org/cars/car-recalls-defects/tesla-recalls-cars-due-to-autopilot-concerns-a6186663858/)).

## The outcome
The headline outcome is the recall itself: a regulator-driven, fleet-wide software change to an autonomy-adjacent AI feature, filed by Tesla as recall 23V-838 on December 12, 2023 and covering <span class="kpi">2,031,220</span> vehicles ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). The recall was the resolution of a multi-year investigation. Tesla's own chronology records that "on June 8, 2022, NHTSA upgraded PE21-020 to Engineering Analysis ('EA') EA22-002," and that after a series of meetings "from October 16, 2023, through December 4, 2023" to discuss the agency's "tentative conclusions ... regarding the issue of potential driver misuse when Autosteer is engaged," Tesla acted ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). Crucially, Tesla did not concede the defect: "while not concurring with the agency's analysis, in the interest of resolving EA22-002, Tesla determined on December 5, 2023, to voluntarily administer a recall and provide the remedy described below" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). The report also records how few warranty events Tesla itself tied to the condition: "as of December 8, 2023, Tesla has identified 9 warranty claims, received between July 13, 2021, and September 17, 2023, that may be related to the condition described above" ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)).

NHTSA's own records independently corroborate that Tesla administered the recall and that it resolved the investigation, rather than resting only on Tesla's Part 573 filing. In its closing resume for EA22-002, the Office of Defects Investigation states that "On December 12, 2023, Tesla filed a Defect Information Report (DIR) (Recall 23V838) applicable to all Tesla models produced and equipped with any version of its Autopilot system" ([source](https://static.nhtsa.gov/odi/inv/2022/INCLA-EA22002-14498.pdf)), and closed the investigation on that basis: "Given Tesla's recall (23V838) of all vehicles equipped with Autopilot for insufficient controls to prevent misuse, ODI is closing EA22002. Concurrent with that closing, ODI has opened a Recall Query (RQ24009) to assess the effectiveness of the 23V838 remedy" ([source](https://static.nhtsa.gov/odi/inv/2022/INCLA-EA22002-14498.pdf)). The parallel Recall Query opening resume adds, in the regulator's own words, that "Tesla filed Recall 23V838 to address concerns regarding the Autopilot system investigated in EA22002" ([source](https://static.nhtsa.gov/odi/inv/2024/INOA-RQ24009-12046.pdf)). These are NHTSA-authored primary records, independent of Tesla's own filing, that attest to the recall's administration and its resolution of EA22-002; the narrower "December 5, 2023 ... while not concurring" decision language remains stated only in Tesla's Part 573 report.

Whether the software fix actually solved the problem was contested from the start. Consumer Reports reported that "the fix is insufficient, a CR safety expert says, explaining that it's still too easy for drivers to misuse the feature" ([source](https://www.consumerreports.org/cars/car-recalls-defects/tesla-recalls-cars-due-to-autopilot-concerns-a6186663858/)). That assessment is an independent expert opinion published the day after the recall, not a regulator finding; it is the weakest load-bearing source in this file and is flagged as such below.

**Weakest load-bearing source.** Two caveats belong where the reader meets the claims. First, the defect characterization is the regulator's, not an admission: Tesla filed the recall "while not concurring with the agency's analysis," so "the prominence and scope of the feature's controls may not be sufficient to prevent driver misuse" is NHTSA's conclusion accepted for the purpose of resolving the investigation, not a fact Tesla conceded ([source](https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF)). Second, the claim that the fix was inadequate rests on a single independent expert opinion in Consumer Reports rather than a primary regulator document ([source](https://www.consumerreports.org/cars/car-recalls-defects/tesla-recalls-cars-due-to-autopilot-concerns-a6186663858/)); NHTSA opened a separate Recall Query, RQ24009, on April 25, 2024 to assess the remedy's effectiveness, citing "post-remedy crash events and results from preliminary NHTSA tests of remedied vehicles" as its basis ([source](https://static.nhtsa.gov/odi/inv/2024/INOA-RQ24009-12046.pdf)). That query is a regulator record that the remedy's adequacy is genuinely in question, but it is an open investigation, not a finding that the fix failed. The core figures in this file, the 2,031,220-vehicle count, the defect language and the over-the-air remedy, all come directly from the primary Part 573 filing and are independently corroborated by Consumer Reports.

> **How this was verified.** Method: every load-bearing figure is quoted verbatim from a source fetched and saved to sources/ this session. The 2,031,220-vehicle count, the affected model years, the defect description, the over-the-air remedy (version 2023.44.30), the escalation to eventual Autosteer suspension, the 9 warranty claims and the full chronology (PE21-020 opened Aug. 13, 2021; upgraded to EA22-002 on June 8, 2022; voluntary recall decided Dec. 5, 2023) are quoted from Tesla's Part 573 Safety Recall Report 23V-838, a mandatory NHTSA regulatory filing dated Dec. 12, 2023 (Tier 1, primary; saved to sources/nhtsa-part573-recall-23V-838.pdf, Wayback 20260901180046). The ~830,000-vehicle population estimate and the first-responder-crash pattern that opened the investigation are quoted from NHTSA's EA22-002 opening resume of June 8, 2022 (Tier 1, primary; saved to sources/nhtsa-ea22002-opening-resume-2022.pdf, Wayback 20260901180052). The "more than two million" vehicle count, the over-the-air software version and the independent assessment that the fix is insufficient are quoted from Consumer Reports (Keith Barry, Dec. 13, 2023, Tier 2, independent journalism; saved to sources/consumerreports-tesla-autopilot-recall-2023-12-13.html, Wayback 20260901180108). That Tesla administered recall 23V-838 and that it resolved EA22-002 are independently corroborated by two NHTSA-authored primary records: the EA22-002 closing resume (Office of Defects Investigation, closed April 25, 2024; "Given Tesla's recall (23V838) ... ODI is closing EA22002"; Tier 1, saved to sources/nhtsa-ea22002-closing-resume-2024.pdf, Wayback 20260901183048) and the RQ24009 opening resume (April 25, 2024; "Tesla filed Recall 23V838 to address concerns regarding the Autopilot system investigated in EA22002"; Tier 1, saved to sources/rq24009-opening.pdf, Wayback 20260901183057). No confirmation was sought from Tesla. Checked 2026-09-01 (checking round 2).

## Related case files
- [California's DMV suspended Cruise's driverless permits, triggering a nationwide pause](/stories/cruise-robotaxi-california-dmv-permit-suspension-nationwide-driverless-pause-2023/) — the closest analogue: a U.S. regulator forcing a driving-automation company to change what its system does on public roads, in the same 2023 window.
- [Waymo's driverless fleet logged 88% fewer property-damage and 92% fewer injury claims over 25 million miles](/stories/waymo-swiss-re-88pct-fewer-property-92pct-fewer-injury-claims-25m-miles-2024/) — the other side of the autonomy-safety ledger, where an independent reinsurer's data measured the outcome rather than a defect investigation.
- [The FTC banned Rite Aid from facial recognition for five years](/stories/ftc-rite-aid-ai-facial-recognition-five-year-ban-court-ordered-2024/) — another case of a U.S. regulator extracting a behavioral remedy over how a company deployed an AI system, rather than a one-off fine.

## Sources
1. Tesla, Inc. / U.S. National Highway Traffic Safety Administration (NHTSA) · *Part 573 Safety Recall Report 23V-838 (Manufacturer Recall No. SB-23-00-008)* · December 12, 2023 · https://static.nhtsa.gov/odi/rcl/2023/RCLRPT-23V838-8276.PDF — **Tier 1** (primary; mandatory regulatory filing submitted by Tesla under 49 CFR §573 to the enforcing regulator; the direct source of the 2,031,220-vehicle count, the affected model years, the defect description, the safety-risk statement, the over-the-air remedy and version 2023.44.30, the escalation to eventual Autosteer suspension, the 9 warranty claims, and the PE21-020 → EA22-002 chronology; saved to sources/nhtsa-part573-recall-23V-838.pdf, Wayback 20260901180046).
2. U.S. National Highway Traffic Safety Administration, Office of Defects Investigation · *ODI Resume, Investigation EA 22-002 (Autopilot & First Responder Scenes)* · June 8, 2022 · https://static.nhtsa.gov/odi/inv/2022/INOA-EA22002-3184.PDF — **Tier 1** (primary regulator record; the ~830,000-vehicle population estimate and the first-responder-crash pattern ("an accumulation of crashes in which Tesla vehicles, operating with Autopilot engaged, struck stationary in-road or roadside first responder vehicles") that motivated the investigation; saved to sources/nhtsa-ea22002-opening-resume-2022.pdf, Wayback 20260901180052).
3. Consumer Reports (Keith Barry) · *Tesla Recalls Over 2 Million Cars Due to Autopilot Concerns* · December 13, 2023 (updated December 19, 2023) · https://www.consumerreports.org/cars/car-recalls-defects/tesla-recalls-cars-due-to-autopilot-concerns-a6186663858/ — **Tier 2** (independent consumer-safety journalism; corroborates the "more than two million" affected vehicles and the free over-the-air update of software version 2023.44.30, and carries the independent expert assessment that "the fix is insufficient ... it's still too easy for drivers to misuse the feature"; saved to sources/consumerreports-tesla-autopilot-recall-2023-12-13.html, Wayback 20260901180108).
4. U.S. National Highway Traffic Safety Administration, Office of Defects Investigation · *ODI Resume, Investigation EA22-002 — Close Resume* · closed April 25, 2024 · https://static.nhtsa.gov/odi/inv/2022/INCLA-EA22002-14498.pdf — **Tier 1** (primary regulator record, authored by NHTSA independently of Tesla; states that "On December 12, 2023, Tesla filed a Defect Information Report (DIR) (Recall 23V838)" and that "Given Tesla's recall (23V838) of all vehicles equipped with Autopilot for insufficient controls to prevent misuse, ODI is closing EA22002"; independently corroborates the recall's administration and its resolution of EA22-002; saved to sources/nhtsa-ea22002-closing-resume-2024.pdf, Wayback 20260901183048).
5. U.S. National Highway Traffic Safety Administration, Office of Defects Investigation · *ODI Resume, Investigation RQ24009 — Open Resume (Recall 23V838 Remedy Effectiveness)* · opened April 25, 2024 · https://static.nhtsa.gov/odi/inv/2024/INOA-RQ24009-12046.pdf — **Tier 1** (primary regulator record; states "Tesla filed Recall 23V838 to address concerns regarding the Autopilot system investigated in EA22002" and opens a query into the remedy's adequacy citing "post-remedy crash events and results from preliminary NHTSA tests of remedied vehicles"; saved to sources/rq24009-opening.pdf, Wayback 20260901183057).