Tesla will argue that it’s not a defect, because the software is specifically not designed to handle all situations, only a subset of them, and it does not have the ultimate responsibility for the safe operation of the vehicle; the driver does. Therefore no filing is required.

Full Self Driving Beta is not Full Self Driving, nor is it claimed to be, no matter what anybody in the government or on HN might think, and drivers are responsible for safely monitoring the situation and intervening when appropriate.

It’s possible the bureaucrats will not quite have what it takes to grasp this subtle logic though.