In that instance, I (personally, IANAL) wouldn't use consent as the legal basis. You could (esp with a legal team like Tesla could afford) pretty easily work that into either fulfilment of a contract, or legitimate interests.

AI and ML have to be careful [0], as you need to be explicit about the data's use and impact on the end-user. The most given example for this is ML algos that determine eligibility for financial products, but we could probably twist that Tesla example to fit a similar to be "my data is used to inform an algo that determines what the car does in a dangerous situation", so you might have to abide by rights to explanation and data editing.

[0] https://ico.org.uk/for-organisations/guide-to-the-general-da...

The number of potential free-riders is tiny, so there's no reason to retaliate against them. The same problem exists in Internet services. If blekko (a startup search engine) saw a DNT do not track header from a user, we wouldn't even include their queries in our anonymized dataset. That slowed our learning-to-rank process, but only by a little.