Compilation / Zhang Gull
Edited / Tu Yanping
Design / Zhao Haoran
Source/Bloomberg, by Craig Trudell/Keith Laing
In 2019, on an interstate in Indiana, Derrick Monet and his wife Jenna Monet turned on Autopilot for their Tesla Model 3, only to crash into a fire truck parked on the side of the road shortly after.
Derek, then 25, suffered spinal, neck, shoulder, rib and leg fractures, and Jenna, 23, died after being taken to hospital.
In the past four years, Tesla, which has turned on the Autopilot mode, has had more than a dozen unfortunate accidents that collide with emergency vehicles, which is lamentable. Questions have grown about the world's most valuable car company: Is tesla's crown jewel, self-driving technology at its core, really safe enough?
Today, U.S. regulators are scrutinizing Autopilot more intensely than ever before.
The National Highway Traffic Safety Administration (NHTSA), which has the authority to force a recall of cars, has launched two formal defect investigations (forward collision avoidance systems and accidental braking) that could eventually lead to Tesla having to modify the car. The use of Autopilot is also limited when safe operation is still not guaranteed.
The crackdown on Autopilot would not only damage Tesla's reputation in the minds of consumers, but would also affect the investors who give the company trust. What's more, other automotive and software companies that are investing billions of dollars in self-driving technology may also shake confidence.
The long-standing tension between Washington and Tesla has thus reached a boiling point.
Musk, who has always been unabashed, mocked NHTSA as an "interesting cop." He didn't hesitate to lash out at lawmakers and regulators on Twitter, even proposing a deal to buy the well-known social media platform for $43 billion when Twitter began "regulating rhetoric."
Elon Musk (photographer: Odd Andersen/AFP/Getty Images)▼
Tesla, which is expected to release earnings in late April, has recently seemed to have an invincible aura. While competitors struggle with global chip shortages and other disruptions, the already dusty electric car company is still able to manage to significantly increase production — Tesla delivered a total of 310048 units in the first quarter of 2022, an increase of nearly 70% from the same period last year.
As a result, government agencies with limited funds and slow action have become one of the only obstacles to its development.
Musk and Tesla did not respond to requests for comment. In a letter to lawmakers in March, Rohan Patel, Tesla's senior director of public policy and business development, wrote: "Making vehicles safer is fundamental to our company culture and the only way to innovate new technologies. ”
At repeated requests from the National Transportation Safety Board (NTSB), which oversees independent accident investigations, NHTSA has launched a rigorous investigation operation to tighten regulation of autonomous vehicles.
Although the National Transportation Safety Board does not have the authority to force automakers, it has made recommendations that Tesla accept the self-driving system safeguards already in place by General Motors and Ford. Tesla did not respond to this.
Committee Chair Jennifer Homendy said in an interview: "Right now, America's roads are like the Wild West. This is a disaster that will eventually happen, a time bomb. ”
Jennifer Homedy (Photographer: Stefani Reynolds/Bloomberg)▼
Early regulatory laissez-faire
In previous years, Musk had appropriately taken advantage of the U.S. regulatory approach to low-intervention in self-driving technology.
In October 2015, Tesla enabled Autopilot's software update. A few days later, some YouTube netizens posted videos showing how they ignored the company's warning not to take their hands off the wheel. One of them almost left the road, and the other turned to an oncoming car.
In May 2016, a Tesla driver in Florida crashed into an 18-wheeled trailer in Autopilot mode and eventually died. Two months before that, NHTSA had just criticized U.S. law for not binding driver assistance systems at all, and Congress hadn't enacted any laws specifically aimed at automotive automation oversight.
Anthony Foxx, then the transportation minister, said weeks after the crash that NHTSA would issue guidelines for the technology.
Musk hinted at regulatory laissez-faire when Europe would be able to test fully autonomous driving (FSD) in March because FSD testing is allowed in the United States.
Musk said: "In the United States, behavior outside of regulation will be defaulted to legal, and you can do it more or less within a certain range." In Europe, on the other hand, they are tacitly illegal, so we have to get approval in advance. ”
In May 2016, a Tesla Model S driver in Florida died after hitting an 18-wheel trailer in Autopilot mode. (Source: NTSB/Florida Highway Patrol/Associated Press)▼
Tesla's approach to self-driving features stands in stark contrast to traditional automakers GM and Ford. Systems from Detroit's two giants use cameras mounted behind the steering wheel to monitor drivers for wandering. The two companies also limit the use of these systems to highways that engineers have already tested.
David Friedman, deputy director and acting director of the National Highway Traffic Administration from 2013 to 2015, said: "Over the years, only Tesla has been a maverick. ”
NHTSA has repeatedly reminded the public of the fact that there are currently no autonomous vehicles that have been commercialized.
It has launched 31 special investigations into crashes involving driver assistance systems, 24 of which involved Tesla vehicles. However, Tesla is still peddling FSDs and pricing them at $12,000.
Lawmakers and regulators finally seem to be unable to put up with such laissez-faire.
Heidi King, deputy director and acting director of NHTSA during the Trump administration, said in an interview: "I am very unhappy with what Tesla has done, and most importantly, Musk is accustomed to making false claims publicly, which is actually expanding the security risk." ”
"As individuals, we all appreciate his foresight." King said of Musk, "But exaggerating the product is very, very dangerous. ”
Heidi King (photographer: Eric Thayer/Bloomberg) ▼
NHTSA is finally going to amplify the move?
The last Senate-confirmed NHTSA chief executive left in January 2017, followed by Kim being one of several acting principals during a five-year period of leaderlessness.
NHTSA's shaky leadership, tight budget and limited staff are the reasons regulators and Autopilot have looked down on each other but have been at ease over the past few years. However, a series of initiatives by NHTSA in the last 10 months suggest that such days may not last long:
In June, NHTSA ordered automakers to report crashes under autonomous driving systems.
In August, NHTSA launched an investigation related to first aid/enforcement vehicle collisions;
In September, NHTSA asked more than a dozen automakers to provide documents related to autonomous driving systems.
In October, NHTSA asked Tesla why it ignored the recall when deploying a software update to improve emergency vehicle inspections, and sought information about FSD's expanded service coverage;
In November, Tesla recalled a version of the FSD;
In February, Tesla conducted another FSD-related recall to disable its "rolling stop" feature, which allows vehicles to slowly pass through intersections without detecting other vehicles or pedestrians; meanwhile, NHTSA conducted a second investigation into Autopilot.
Former security officials, pleased by Autopilot's increasingly stringent scrutiny, called on NHTSA to use its recall powers and seek additional authority and resources from Congress to better modernize safety standards.
A spokesperson for NHTSA said in a statement: "NHTSA is authorized to use powerful tools and authority to protect the public, investigate potential security issues, and mandate recalls when evidence of non-compliance or unreasonable security risks is found." NHTSA has collected data for research, developed test procedures and measured effectiveness, all of which are necessary steps before developing safety standards. ”
Two Democratic senators, Ed Markey and Richard Blumenthal, called on the FTC to investigate whether Tesla had fraudulently marketed Autopilot and FSD.
Lina Khan, the chairwoman of the FtT, said a private investigation was underway and could not disclose the relevant information.
A Tesla sedan in California crashed into a parked police car in Autopilot mode in 2018, one of 12 accidents that sparked the first defect investigation. (Source: Laguna Beach Police Department/Ap News Agency) ▼
How Tesla should respond
If NHTSA does find flaws or problems related to Autopilot in its investigation, it can order Tesla to carry out a recall. Recalls can take a variety of different forms because the law allows Tesla to choose how to respond to recall orders.
Fixing a flaw can be as simple as using the internet to send an over-the-air update to a Tesla car, like a smartphone receiving a software update. Tesla has made several recalls in this way.
But eventually it could lead to more expensive repairs. For example, Tesla may need to install cameras behind the steering wheel to monitor whether drivers are concentrating enough when using its systems, as other automakers do.
Tesla's cameras are currently housed in the rearview mirror rather than directly in front of the driver. Musk has said the cameras are gearing up for future robotaxi services.
There's also one of the most expensive, and the least willing options tesla has ever chosen— to completely replace the vehicle. However, compared with the refund issued by the recalled vehicle, it seems to be no different.
Friedman said that if NHTSA does take a mandatory recall of Autopilot, Tesla will have to suffer the consequences.
Friedman is now Vice President of Communications for Consumer Reports. He said in an interview that since the crash in 2016, the NTSB has been pointing out Tesla's serious problem: It can't actually see the side of an 18-wheeled trailer.
"How can a self-driving car safely bypass a so conspicuous emergency vehicle?" It's unbelievable. ”
In 2014, the Washington Department of Transportation, Acting Director of the National Highway Traffic Safety Administration, David Friedman, and U.S. Secretary of Transportation Anthony Fox at a news conference (Photographer: Andrew Harrer/Bloomberg)▼
Five years ago, when NHTSA first investigated Autopilot for defects, it found that the driver of the Tesla Model S, which hit a trailer in Florida, ignored Tesla's warning of receiving control. In a report, NHTSA said "no defects were found" and ended the investigation.
Data provided by Tesla at the time showed that after installing autosteer (automatic cruise) for Autopilot, tesla cars' crash rate dropped by nearly 40 percent.
Two years later, a data analytics company released a report questioning that conclusion. A company called Quality Control System (QCS) obtained accident data from the NHTSA study by suing the Department of Transportation and found that the data was simply incomplete. NHTSA made no claims about the effectiveness of Autosteer in its report, and it lacked key information.
The regulator's conclusion that "no defects were found" has therefore been criticized as untenable.
Friedman said: "NHTSA should never just listen to Tesla. NHTSA has a responsibility to do high-quality analysis, and it looks like they didn't do it. ”
Today, NHTSA has a new advantage in its latest investigation into Autopilot. Other companies have introduced autopilot capabilities after Tesla, which is able to compare these systems.
NHTSA is starting to spend more time doing its core work, putting safety first, and hopefully this time there will be a satisfactory outcome for the people.
This article was originally produced by Automotive Business Review
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