Cottonwood
Roadster#433, Model S#S37
Wouldn't this be against code? I could see it being overlooked by some inspectors, but on a large scale it shouldn't happen.
I don't think that there is a code problem as long as the range that is being supported only needs a maximum of 40 Amps as an intermittent load. One electrician that I spoke to said that this is a pretty common installation to save a few dollars on wiring costs.
It would be a code problem if the intended purpose of the 14-50 were to support EV charging at a continuous load of 40 Amps. Then the 125% of continuous requirement hits, and 40 Amps time 125% is 50 Amps, so you need wire and breaker rated to 50 Amps.