Nearly a year after the "roof protection", the dispute between the car advocate and Tesla (TSLA.US) is still in place. Ms. Zhang admitted to the Red Star Capital Bureau that there was no result in the delay in safeguarding rights, and life was like being "stuck".
It has been a year since ms. Zhang's Tesla Model 3 accident, and she still insists that the data handed over by Tesla is incomplete after deletion and concealment. Tesla, a giant of new energy vehicle companies, briefly apologized at the time of the incident, and then quickly walked out of the whirlpool of public opinion of "roof rights protection". Red Star Capital Bureau noted that since the second half of last year, Tesla has begun to file lawsuits against the parties involved in the "roof rights protection".
In fact, after Tesla, many new energy vehicle companies have reported accident controversies such as "brake failure". Jia Xinguang, chief analyst of China Automotive Industry Consulting and Development Corporation, analyzed the Red Star Capital Bureau, which is a pain point problem in the industry.
Fortunately, with the new regulations of the automotive industry being issued and implemented, the status quo of determining the difficulty of accidents in new energy vehicles is changing, and industry regulations are gradually improving.
A year after the roof was defended
The owner's appeal has not changed Frankly: life seems to be stuck
Nearly a year after the Shanghai Auto Show "roof protection", whether Tesla "brake failure" still receives a lot of attention.
Near "315", Ms. Zhang, who once stood on the roof of Tesla and shouted "brake failure", continued to publish the progress of rights protection incidents on Tencent News, Weibo and other platforms, asking Tesla to "provide complete data and fulfill its commitments".
"It's happened a lot this year, it's complicated." On March 9, Ms. Zhang lamented in an exclusive interview with Red Star Capital, "but it made me more determined to find the truth of this matter."
Ms. Zhang believes that to find out the truth about whether Tesla has failed brakes, complete background data and authoritative detection agencies are the key. Red Star Capital noted that Ms. Zhang's appeal has not changed since the accident of her Tesla Model 3 a year ago.
Back in February 2021, Ms. Zhang's father drove his Tesla Model 3 out of the accident. For the cause of the accident, Ms. Zhang believes that there is a problem with the vehicle's braking system and asks Tesla to provide complete driving data for half an hour before the accident. After arguing with Tesla, Ms. Zhang embarked on the road of rights protection, and then there was a sensational "Shanghai Auto Show roof rights protection" incident.
On April 20, 2021, the day after the "roof rights protection", Ms. Zhang was sentenced to five days of administrative detention by the police for disturbing public order. On the night of the end of the administrative detention, she spoke out on Weibo: "Regarding the data released by Tesla On the 22nd and the data sent by Tesla to my mailbox, I think this is not the original data of my vehicle, please tesla to publish the data source, extraction method, production method and screening principle."
Since then, "vehicle complete data" has become the focus of Ms. Zhang's continuous emphasis in her personal Weibo and media interviews.
In an interview with Red Star Capital on March 9, Ms. Zhang still insisted that the data handed over by Tesla was deleted and concealed. "I want to test too much, I want to test more than anyone, but without data, I can't detect and identify true and accurate test results," she told Red Star Capital.
Red Star Capital Bureau noted that the dispute over "brake failure" has not yet been resolved, but Ms. Zhang and Tesla have sued each other in court over the dispute over the right to reputation.
On April 19, 2021, a few hours after the "roof rights protection" occurred, Tao Lin, global vice president of Tesla, said in an interview with the media: "The recent negatives are all contributed by her (referring to Ms. Zhang)," "Only willing to pay high compensation," and "I think she is very professional, and there should be (people) behind her." In May of the same year, Ms. Zhang filed a lawsuit against Tesla and Tao Lin for infringing on her right to reputation. In September, Tesla also sued Ms. Zhang for violating her right to reputation, claiming 5 million yuan.
On December 24 last year, Ms. Zhang sued Tao Lin for reputation infringement, which was tried at the Beiguan District People's Court in Anyang City, Henan Province, but the verdict was not pronounced in court. On March 9, 2022, Ms. Zhang told Red Star Capital Bureau that Tesla had sued her for infringement of her right to reputation and claimed 5 million yuan, but she had not been notified of the trial until now.
Today, Ms. Zhang seems to have become a representative of Tesla rights owners, and on various social platforms, she forwards the voices of Tesla owners from all over the country to defend their rights. But for Ms. Zhang, her own rights protection has been slow to bear fruit: "This matter has not been resolved, my life is like 'stuck'"
After the clouds of rights protection dissipated
Tesla sued multiple car owners for 5 million
At the Shanghai International Auto Show a year ago, when Ms. Zhang stood on the roof of the car and shouted "Tesla brake failure", which attracted widespread attention, it also pushed the new energy vehicle giant to the cusp of public opinion.
After the "roof protection" occurred, Ms. Zhang was carried into the customer room behind the Tesla booth, and the staff immediately covered the onlookers with frosted glass film. After that, Tesla also issued a number of statements, ranging from "no compromise on unreasonable demands" to "deep apologies for failing to solve the owner's problem in time.".
Tesla, which is deeply involved in the whirlpool of public opinion on "roof rights protection", has stabilized the scale of new car sales in China for several months at the level of 10,000 units. However, at that time, the entire new energy vehicle market as a whole showed a substantial growth trend, ideal (02015. HK), NIO (09866. HK), Xiaopeng (09868. HK) deliveries and sales have increased, and at that time, the market also reported concerns about Tesla's declining share in the Chinese market. By September 2021, Tesla's domestic car sales began to pick up, and the cloud of "roof rights protection" seems to have dissipated.
At the same time, Tesla itself is also continuing to "protect its rights". Red Star Capital Bureau learned that since the second half of last year, Tesla has begun to file lawsuits against the parties related to "roof rights protection".
Tesla sued Ms. Zhang for a dispute over the right to reputation
In addition to Ms. Zhang, Ms. Li, a Xi'an car owner who defended her rights together in Shanghai in April 2021, was also sued by Tesla for reputation infringement and claimed 5 million yuan; another Tianjin car owner Han Chao, who defended her rights, also said on Weibo that she received a complaint against Tesla for a dispute over the right to reputation and was claimed for economic losses of 5 million yuan.
Tesla sued Tianjin owner Han Chao
On March 8, a person familiar with the matter revealed to the Red Star Capital Bureau that Tesla's lawsuit against Xi'an car owner Ms. Li has already reached a first-instance trial result, Tesla has been ruled to lose, and Tesla has filed an appeal. Subsequently, the Red Star Capital Bureau asked Ms. Li to verify the matter, and the other party said that it was inconvenient to inform.
But in another dispute with the owner, Tesla won. On October 11, 2021, Red Star Capital Bureau learned from many parties that tesla v. "812 Wenzhou Tesla failure" car owner reputation right dispute case has the latest progress: according to the test results of the judicial appraisal agency under the Wenzhou Society of Automotive Engineering, Wenzhou Tesla owner Chen Mou used the accelerator pedal as a brake pedal on August 12, 2020, and was sentenced by the Lucheng District People's Court of Wenzhou City to apologize to Tesla and pay the latter 50,000 yuan in compensation.
Why the impasse?
The endless cycle of "full data" and "authoritative detection"
In January this year, the China Consumer Association released the "Top Ten Consumer Rights Protection Public Opinion Hotspots in 2021", of which the social impact of Tesla's "roof rights protection" incident reached 100.9, becoming the "hottest of the year".
Why has this "hottest of the year" dispute been deadlocked for nearly a whole year?
Red Star Capital Bureau found that the dispute between Ms. Zhang and Tesla seems to have entered a dead cycle of "complete background data" and "authoritative testing agencies".
In Ms. Zhang's view, to find out the truth about whether Tesla's brakes fail, complete background data and authoritative detection agencies are the key. As for Ms. Zhang's accusation that her data is incomplete, Tesla has not yet explained it to the public. On March 14, Red Star Capital Bureau asked Tesla for verification on this matter, and as of press time, it has not received a response.
Red Star Capital Bureau combed and found that in the past year, Tesla has provided data on vehicles that have been accidented twice. The first time was on the fourth day after the roof protection occurred, Tesla released the data of 1 minute before the Anyang brake accident and said: "The braking system is normally involved in the work and reduces the speed."
For the condition of the vehicle 30 minutes before the accident, Tesla only gave this description: in the 30 minutes before the accident, the driver drove the vehicle normally, with more than 40 records of pressing the brake pedal, and the vehicle had multiple times exceeding 100 kilometers per hour and multiple braking stops.
For this data, Ms. Zhang is obviously not satisfied, she posted a long article on Weibo saying that Tesla is "major concealment", "serious unreasonable", and "insufficient data".
At that time, Zhang Xiang, a member of the Ministry of Industry and Information Technology's New Energy and Intelligent Connected Vehicle Industry Expert Think Tank, said in an interview with CCTV News: "Tesla's current display of this information is mainly to show that the owner likes to drive at high speed, and wants to explain that the owner's driving habits at that time are not good, which is one of the main reasons for this rear-end collision.
Tesla released the pre-accident data for the first time Screenshot from CCTV News
In July 2021, Ms. Zhang posted on Weibo that Tesla provided her with data for the 30 minutes before the accident with the support of relevant state departments, which was the second time Tesla had provided accident-related data.
However, for this data, Ms. Zhang still insisted that it was deleted and concealed, "especially missing parameters that are extremely important for testing and identification, such as brake pedal position, kinetic energy recovery status, motor speed torque, iBooster working status, system alarm items, etc.," she told Red Star Capital on March 9.
In July 2021, Ms. Zhang filed a lawsuit with the Beiguan District People's Court of Anyang City, Henan Province, on the grounds of personal information protection, asking Tesla to provide complete data of the accident vehicle, "Driving data belongs to personal information, which is the legal right of the owner, and if you get the complete data, you can get scientific and accurate identification results," Ms. Zhang said.
On March 12, Ms. Zhang told Red Star Capital that the above-mentioned case had just made new progress, and the court sent a message on the payment of the case acceptance fee. "The judicial process is lengthy and it may take a year or two to get the results." Ms. Zhang said that if the case is won, she gets the complete data, and the next step is to identify.
However, in addition to the difficulty of agreeing on the views on the data, it is also difficult to find the answer to what is the authoritative testing agency and how to conduct vehicle detection.
"Tesla has not yet answered positively which institution I can detect." Ms. Zhang told Red Star Capital Bureau.
Red Star Capital Bureau noted that on April 25, 2021, a week after the roof rights protection incident, Zhang Xiang, a member of the Ministry of Industry and Information Technology's New Energy and Intelligent Connected Vehicle Industry Expert Think Tank, said in an interview with CCTV News that there is no equipment on the market to identify intelligent driving car traffic accident identification.
"We are now testing institutions, and the main tool for testing is still testing equipment. Testing equipment is based on the existing national standards and regulations designed and produced products, the international has not yet issued a standard specification for the detection of such intelligent cars with automatic driving functions. Therefore, we cannot buy equipment to identify the traffic accident identification of intelligent driving cars in the market. ”
That is to say, even if Ms. Zhang wins the lawsuit of personal information and gets the "complete data", where to test and what the standard specifications for testing are, it is still a problem that cannot be solved.
New energy vehicle companies frequently pass on brake failures
Under the controversy, industry regulations are gradually improving
After the "roof rights protection" incident at the Shanghai Auto Show, negative public opinion about Tesla's quality problems has also intensified, and traffic accidents such as crashes and rear-end collisions have been exposed one after another.
According to incomplete statistics from the Red Star Capital Bureau, in 2021, there were news of Tesla vehicle "out of control" accidents in Hainan, Guangzhou, Shaoguan, Taizhou, Hangzhou, Zhengzhou, Xi'an and other places.
Red Star Capital noted that Tesla said in May last year that it planned to build a data platform in China in 2021 for car owners to query vehicle driving data. But at present, tesla's further moves are still not seen in public reports.
In addition to Tesla, which is on the cusp of the storm, many new energy vehicle companies have been caught in the controversy of "brake failure". Recently, Hunan TELEVISION reported that Mr. Luo, a owner of a WM car, also said that when reversing, there was a dashboard showing that the power battery was disconnected, the body was not controlled, and it began to slip backwards and the brakes failed.
Why do new energy vehicle companies frequently circulate controversies over brake failures, and it is difficult for car owners and car companies to protect their rights?
On March 14, Jia Xinguang, chief analyst of China Automotive Industry Consulting and Development Corporation, told Red Star Capital Bureau that there are difficulties in detecting the causes of accidents in new energy vehicles because they involve software problems, unlike traditional fuel vehicles, only mechanical problems such as brake pedals and cylinders are easy to detect. "Software issues are very complicated to determine in the actual situation, and they also involve some data intellectual property issues."
With the new regulations of the automotive industry being issued and implemented, the pain points that determine the difficulty of accidents in new energy vehicles are changing. Red Star Capital Bureau found that as early as early April 2021, the Equipment Industry Development Center of the Ministry of Industry and Information Technology issued the "Notice on Matters Related to the Implementation of GB7258-2017 No. 2 Amendment Order", which supplemented the "Technical Conditions for the Safety of Motor Vehicle Operation".
The supplementary document clearly states that from January 1, 2022, all newly produced passenger cars in China will be mandatory to be equipped with an EDR car event data recording system or equipped with a DVR vehicle video driving record system that meets the regulations. Mr. Liu, who used to be engaged in auto insurance surveying and determining losses, told Red Star Capital Bureau that the mandatory installation of EDR helps car owners understand accident-related data, and vehicle information is open and transparent, promoting the progress of information security and supervision in the field of smart cars.
On the other hand, the regulations for new energy vehicles are also constantly improving.
In October 2021, the Equipment Industry Department I of the Equipment Industry Development Center of the Ministry of Industry and Information Technology publicly solicited opinions on the "Guiding Opinions on Further Strengthening the Construction of the Safety System of New Energy Vehicles" (Draft for Comments), clearly pointing out that the main responsibility of new energy vehicle enterprises not only requires enterprises to build or entrust a third party to establish an enterprise monitoring platform, monitor the operating status of new energy vehicles that have been sold, and upload data as required.
The draft for comments points out that enterprises should establish and improve the accident investigation and analysis system, and when a vehicle has a safety accident such as fire and combustion, suspected of being out of control, etc., it should actively cooperate with the relevant management departments to carry out accident investigation, thoroughly study and judge the cause of the accident, and submit vehicle accident data and accident analysis reports in accordance with relevant requirements.
In Ms. Zhang's view, her advocacy to Tesla is no longer an individual incident, and she hopes that through her efforts, she will promote the change of the entire intelligent automotive industry, "at least after the accident, data provision and identification testing will no longer become a difficult point," she told Red Star Capital Bureau.
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Red Star News reporter Yu Yao Qiang Ya Milling
Edited by Yang Cheng