NHTSA Preliminary Evaluation: Tesla Passenger Play in Tesla Model 3 (PE21-023)
Opened December 21, 2021 · Tesla, Inc.
NHTSA opened a preliminary evaluation (PE21-023) on December 21, 2021 into tesla passenger play in 2021-2022 Tesla Model 3, 2021 Tesla Model S, 2021 Tesla Model X and 1 more. The investigation is closed on May 26, 2023.
PE21-023 at a glance
| NHTSA action number | PE21-023 |
|---|---|
| Type | Preliminary Evaluation |
| Opened | December 21, 2021 |
| Status | Closed May 26, 2023 |
| Vehicles | 2021-2022 Tesla Model 3, 2021 Tesla Model S, 2021 Tesla Model X, 2021-2022 Tesla Model Y |
| Component | Equipment > Recreational Vehicle/Trailer > 120/240 Vac Electrical System > Receptacle |
| Manufacturer | Tesla, Inc. |
| Resulting recall | None listed |
What is NHTSA investigating in the Tesla Model 3?
From NHTSA’s investigation summary:
The Office of Defects Investigation (ODI) opened Preliminary Evaluation (PE21-023) on December 21, 2021, to evaluate the driver distraction potential and use frequency / circumstances of in-vehicle game-play functionality referred to as ?Passenger Play? in certain model year (MY) 2017-2022 Tesla Model 3, S, X, and Y vehicles.
Distracted driving can result in an increased risk of a crash.
PE21-023 was prompted by the receipt of Vehicle Owners Questionnaire (VOQ) 11439598 from the owner of a 2021 Model 3 on November 6, 2021.
ODI sent an Information Request (IR) letter to Tesla on January 20, 2022 and received Tesla?s response on March 4, 2022.On December 24, 2020, Tesla introduced Passenger Play to vehicles equipped with the Intel Atom processor (receiving an aftersale software update) via its 2020 holiday release.
Passenger Play permitted occupants to play specific games selected by Tesla for primarily turn-based play style and limited gameplay motion with the transmission in Drive and the vehicle in motion.
Under these conditions, a notification would display on the screen and the screen area devoted to the game would reduce from 100% to accommodate vehicle controls and driving task data readout.
Specific changes varied among models.
On December 21, 2022, Tesla voluntarily disabled Passenger Play capability with Firmware Release 2021.44.25.1 in response to NHTSA?s request.
Tesla reported a month later that a 97% completion rate was achieved though Tesla?s Over the Air (OTA) update.
ODI opened PE 21-023 to evaluate the driver distraction potential of Tesla Passenger Play while the vehicle is being driven including aspects of the feature, frequency, and use scenarios.Based on the analysis conducted, PE21-023 has been closed.
The closing of this investigation does not constitute a finding by NHTSA that no safety-related defect exists.
Furthermore, it does not foreclose the Agency from taking further action, if warranted, or the potential for a future finding that a safety-related defect exists through additional information the Agency may receive.See attached Closing Report for a detailed summary of the investigation findings.
What is a preliminary evaluation?
Preliminary Evaluation is the first stage of a federal defect investigation. NHTSA reviews complaints, crash reports and manufacturer data to decide whether a safety defect may exist. It can close with no action, be upgraded to an engineering analysis, or end with a recall.
Did this investigation lead to a recall?
NHTSA closed this investigation on May 26, 2023 without listing a recall. That can mean NHTSA did not find a safety defect it could prove, or that the manufacturer addressed the issue another way. A closed investigation does not mean owners have no lemon law claim if the problem keeps happening.
Which vehicles are part of this investigation?
| Model years | Make | Model |
|---|---|---|
| 2021-2022 | Tesla | Model 3 |
| 2021 | Tesla | Model S |
| 2021 | Tesla | Model X |
| 2021-2022 | Tesla | Model Y |
What are Tesla Model 3 owners reporting to NHTSA?
NHTSA’s public database lists 3,593 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.
What should owners do?
- Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
- If you have the problem NHTSA is investigating, take the vehicle to a dealer now and get a repair order, even if the dealer cannot find anything.
- Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
- File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
- If the problem keeps coming back, talk to a lemon law attorney.
Recalls on the same vehicles
- 2026 Tesla Model Y Front Suspension Recall (26V558)
- 2021-2023 Tesla Model 3 Headlight Recall (26V507)
- 2026 Tesla Model Y Knee Bolster Recall (26V445)
- 2025-2026 Tesla Model Y Label Recall (26V315)
- 2021-2023 Tesla Model 3 Backup Camera Software Recall (26V283)
- 2025 Tesla Model 3 Fuses Recall (25V690)
- 2026 Tesla Model Y Wiring Recall (25V658)
- 2026 Tesla Model Y Electrical Horn Recall (25V490)
- 2026 Tesla Model 3 Seat Fastener Recall (25V410)
- 2026 Tesla Model Y Windshield Wiper Recall (25V359)
Can a recall or defect investigation make my car a lemon in California?
Not by itself. What matters is whether a covered defect keeps coming back or keeps your vehicle at the dealer, and a federal investigation or recall is strong evidence that the problem is real.
Under California’s Song-Beverly Consumer Warranty Act, a manufacturer that cannot fix a warranty defect that substantially impairs a vehicle’s use, value or safety within a reasonable number of attempts may have to repurchase or replace it (Civ. Code 1793.2(d)). Within the first 18 months or 18,000 miles, the law presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service (Civ. Code 1793.22(b)).
An owner who prevails can recover reasonable attorney fees and costs from the manufacturer (Civ. Code 1794(d)). You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
In our cases, a recall repair visit counts as a repair attempt, and it's strongest when the owner complained about the problem before the recall came out. A recall shows the defect is real and that enough owners reported it for the manufacturer to issue a fix.
The biggest mistake I see is waiting too long. The mileage offset starts at your first repair visit for the problem, so the sooner you take it in, the better. If the problem comes and goes, take it in when it happens. You can't go back to that date later.
If you get a recall notice, call a lemon law attorney right away. You may have taken the car in for the same problem before and forgotten, or there may be other recalls related to it.
Jacob Shayesteh, Esq. (SBN 362320), Founder and Managing Attorney. Quotes lightly edited for clarity. Prior results do not guarantee a similar outcome.
Frequently asked questions
Does the recall fixing my car mean I have no case?
Not necessarily. Even if the recall repair fixed it, you may still have a case, and a car that's a year or more old can still qualify.
Do used cars qualify for California lemon law?
We take certified pre-owned, demo and dealer vehicles. Since the California Supreme Court's Rodriguez decision in 2024, ordinary used cars generally do not qualify.
How long does a recall lemon law case take?
Recall-related cases typically resolve in one to three months from your first call. Prior results do not guarantee a similar outcome.
What does a lemon law attorney cost?
You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.
Sources
- NHTSA investigation, recall and complaint data, accessed October 7, 2026
- California Civil Code 1793.22
Jacob Shayesteh, Esq., Founder and Managing Attorney of America’s Lemon Lawyer (Wynn Law Group, APC). Licensed by the State Bar of California, No. 362320. His practice focuses on California lemon law under the Song-Beverly Consumer Warranty Act.
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Attorney advertising. America’s Lemon Lawyer is a trade name of Wynn Law Group, APC. Responsible attorney: Jacob Shayesteh, Esq. (SBN 362320). This page reports public NHTSA data and is general information, not legal advice. Not affiliated with NHTSA or any vehicle manufacturer. Prior results do not guarantee a similar outcome.