The state of California has decided to take a closer look at Tesla’s Full Self-Driving feature as scrutiny increases over the way in which the automaker tests its beta technology on public roads. 

According to a report by the Los Angeles Times, the state’s Department of Motor Vehicles (DMV) informed Tesla on January 5 that it intends to reassess whether FSD Beta falls under the standard autonomous vehicle operation regulations.

Tesla has argued that, as the system requires a fully-attentive driver at all times, the feature is not fully autonomous. That viewpoint up until now has been shared by the DMV, which classifies it as a Level 2 system.

But the FSD Beta includes the automatic navigation of city streets, neighborhood roads, and highways, as well as stopping at stop signs, deciphering traffic lights, and making turns into traffic — all supervised by Tesla owners who have paid $10,000 (soon to be $12,000) for the privilege.

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Some feel that FSD Beta offers many of the same features that Level 4 test vehicles do. According to Californian law, Level 4 test vehicles are required to use trained operators, who are tasked with intervening if necessary while supervising the feature while engaged. These companies are also required to report all crashes and system failures to the DMV.

The DMV has been swayed by calls to reassess the implementation of FSD Beta, stating that “Recent software updates, videos showing dangerous use of that technology, open investigations by the National Highway Traffic Safety Administration, and the opinions of other experts in this space” prompted the reevaluation.

The FSD Beta program is currently accessible to those who have scored over 98 percent on Tesla’s own “Drive Safety Score” evaluation. Late last year, FSD Beta “testers” were informed that they’d have to give up footage from their car’s cameras in the event of a crash. Although previously kept anonymous, the data will now be “VIN associated” with each specific car. Meanwhile, Tesla’s FSD Beta continues to be tested by the public, with videos of the system malfunctioning still popping up on social media.

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