NHTSA Recall Query: Recall 23v838 Remedy Effectiveness in Tesla Cybertruck (RQ24-009)

RQ24-009 at a glance

What is NHTSA investigating in the Tesla Cybertruck?

From NHTSA’s investigation summary:

The Office of Defects Investigation (ODI) is opening a Recall Query to assess the remedy adequacy of Recall 23V838.

On December 12, 2023, Tesla filed a Defect Information Report (Recall 23V838) applicable to all Tesla models produced and equipped with any version of its Autopilot system, which Tesla described as an SAE Level 2 (L2) Advanced Driver Assistance System (ADAS).

Autopilot is the simultaneous engagement of Tesla's Traffic-Aware Cruise Control (TACC) and Autosteer.

In describing the safety defect, Tesla's Defect Information Report (DIR) explained that "the prominence and scope of the system's controls may be insufficient to prevent driver misuse," and Tesla committed to the deployment of a multipart remedy aimed at improving system and engagement controls and reducing mode confusion.

EA22002 (upgraded from PE21020) was opened to investigate whether Tesla's Autopilot contained a defect that created an unreasonable risk to motor vehicle safety and involved extensive crash analysis, human factors analysis, vehicle evaluations, and assessment of vehicle control authority and driver engagement technologies.

The work conducted in these investigations aligns with Tesla's conclusion in its 23V838 recall filing.

During EA22002, ODI identified at least 13 crashes involving one or more fatalities and many more involving serious injuries in which foreseeable driver misuse of the system played an apparent role.

Tesla filed Recall 23V838 to address concerns regarding the Autopilot system investigated in EA22002.

Following deployment of the remedy in Recall 23V838, ODI identified concerns due to post-remedy crash events and results from preliminary NHTSA tests of remedied vehicles.

Also, Tesla has stated that a portion of the remedy both requires the owner to opt in and allows a driver to readily reverse it.

Tesla has also deployed non-remedy updates to address issues that appear related to ODI's concerns under EA22002.

This investigation will consider why these updates were not a part of the recall or otherwise determined to remedy a defect that poses an unreasonable safety risk.

ODI is therefore opening this Recall Query investigation to further evaluate the adequacy of the remedy for recall 23V838.

What is a recall query?

Recall Query is a review of whether an earlier recall actually fixed the problem or covered all the vehicles it should have. A recall query is opened when owners keep reporting the same failure after the recall repair.

Did this investigation lead to a recall?

Not yet. The investigation is still open, and NHTSA has not listed a recall from it. Investigations can take months. If your vehicle already has the problem, document every dealer visit now.

Which vehicles are part of this investigation?

What are Tesla Cybertruck owners reporting to NHTSA?

NHTSA’s public database lists 6,538 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)
• 2024-2026 Tesla Cybertruck Brake Rotor Recall (26V255)
• 2024 Tesla Cybertruck Lighting Recall (25V735)
• 2024-2026 Tesla Cybertruck Lighting Recall (25V699)
• 2025 Tesla Model 3 Fuses Recall (25V690)
• 2026 Tesla Model Y Wiring Recall (25V658)

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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