NHTSA Preliminary Evaluation: Unexpected Brake Activation in Tesla Model 3 (PE22-002)

PE22-002 at a glance

What is NHTSA investigating in the Tesla Model 3?

From NHTSA’s investigation summary:

On February 16, 2022, the Office of Defects Investigation (ODI) opened a Preliminary Evaluation (PE22002) to investigate reports of unexpected deceleration while driving with the adaptive cruise control system engaged in Model Year (MY) 2021 – 2022 Model 3 and Model Y vehicles manufactured by Tesla.

The subject systems include Autopilot (all versions), Full Self-Driving (FSD) and Traffic Aware Cruise Control (TACC).

These complaints have been colloquially referred to as "phantom braking".

ODI opened PE22002 to determine the scope and severity of the potential problem and to assess any resulting safety issues in the subject vehicles.

The alleged defect is an unexpected and unrequested vehicle deceleration triggered by the subject system during subject system engagement.

The alleged defect does not occur when the subject system is not in use and is separate and distinct from Automated Emergency Braking (AEB).

During vehicle operation, AEB is actively monitoring in the subject vehicles regardless of subject system and its intervention is accompanied by audible and visual collision warnings.

A Vehicle Owners Questionnaire (VOQ) trend originating in November 2021 prompted ODI to open PE22002.

VOQ narratives reported unexpected brake activation while using TACC, Autopilot or FSD.

The trend grew from 99 by the end of 2021 to 314 by February 16, 2022, when PE22002 was opened.

ODI sent Information Request (IR) Letters to Tesla on May 4, 2022, and July 11, 2024, to request salient data to quantify vehicle production, field incidents, and the physical parameters of the phantom braking reports.

ODI also requested information pertaining to Tesla's internal assessments, problem resolutions, and their assessment of the alleged defect.

Typically, the complaints to ODI and Tesla allege a 10-20 mph speed reduction at highway speeds over a 1-3 second time period.No collisions were identified.

Drivers reported seeing no vehicles ahead in the travel lane that would have triggered the deceleration.

Many complaints reported the conditions taking place on higher speed roadways in sunny conditions with shadows on the roadway.

Complainants typically applied the accelerator to override the unexpected deceleration, and subject vehicles did not come to a complete stop or steer out of their travel lane.

ODI analyzed data provided by Tesla in addition to consumer complaints submitted to ODI.

Tesla's complaint and field data exhibited some behavior that aligned with the transition from a radar-vision fusion system to vision-only in mid-2021.

VOQ traffic coincided with public events such as Recall 21V846, the opening of PE22002, and several related media publications.

In February and March of 2022, Tesla released firmware updates 2022.4.5.1 and 2022.4.5.17 respectively to target aspects of the subject system programming that affect unexpected deceleration.

Incident traffic has dissipated substantially in the past years, with 45 incidents reported in 2024, 19 in 2025, and 3 since the beginning of 2026.

The conditions reported, while concerning to the drivers, did not alter the vehicle's lateral positioning in their lanes and did not cause significant loss in distance between the subject and following vehicle to lead to a collision.

Complaint traffic to both NHTSA and Tesla reported the same conditions- vehicles traveling with the subject system engaged at higher speeds decelerating suddenly with no commensurate vehicle or obstacle ahead in the same lane.

In view of these points, and a low demonstrated hazard to drivers, this Preliminary Evaluation (PE) is closed.

The closing of this investigation does not constitute a finding by NHTSA that a safety-related defect does not exist.

The Agency reserves the right to take additional action if warranted by future circumstances.

To review the ODI reports cited in the Closing Resume ODI Report Identification Number document, go to NHTSA.gov.

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 June 29, 2026 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?

What are Tesla Model 3 owners reporting to NHTSA?

NHTSA’s public database lists 5,826 owner complaints filed since 2020 for the vehicles in this investigation (all components). Complaints are unverified owner reports.

What should owners do?

1. Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
2. 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.
3. Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
4. File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
5. 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.

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