Tesla Ordered To Provide NHTSA With Autopilot Recall Data

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US agency seeks data from Tesla on Autopilot recall, amid reports US prosecutors are probing possible securities or wire fraud

Tesla’s troubles continue after the US transportation safety agency demanded more information about its Autopilot recall.

The Associated Press reported that investigators with the US National Highway Traffic Safety Administration (NHTSA) want Tesla to tell its investigators how and why it developed the fix, amid concerns about whether the recall remedy actually worked.

In December Tesla had issued a huge recall for nearly all its vehicles it had sold in the United States, after the US transportation safety regulator ordered a recall.

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Recall concerns

Elon Musk’s firm recalled two million Tesla vehicles following a two-year federal investigation into a series of accidents and crashes involving Tesla vehicles using Autopilot.

Tesla rolled out the ‘over the air’ update to 2.03 million Model S, X, 3 and Y vehicles in the United States dating back to the 2012 model year.

Now the AP reported that NHTSA wants more data about the safety recall, due to concerns about whether the recall remedy worked.

These concerns about the recall surfaced after Tesla reported 20 crashes since the over the air remedy was sent out in December.

Tesla’s recall fix also was to address whether Autopilot should be allowed to operate on roads other than limited access highways, AP reported. The fix for that was increased warnings to the driver on roads with intersections.

But in a letter to Tesla posted on the agency’s website Tuesday, investigators wrote that they could not find a difference between warnings to the driver to pay attention before the recall and after the new software was released.

The federal agency said it will evaluate whether driver warnings are adequate, especially when a driver-monitoring camera is covered.

The 18-page NHTSA letter also reportedly asks how Tesla used human behaviour science in designing Autopilot, and the company’s assessment of the importance of evaluating human factors.

If Tesla doesn’t provide sufficient information by 1 July, it faces fines up to $135.8 million.

Job cuts

NHTSA also wants Tesla to identify every job involved in human behaviour evaluation and the qualifications of the workers.

And the agency reportedly asked Tesla to say whether the positions still exist.

It should be remembered that last month Tesla announced it is axing 10 percent (or 14,000 jobs) at the EV maker in the face of falling EV sales around the world.

Last week Tesla CEO Elon Musk fired Rebecca Tinucci, the company’s former head of charging, as well as nearly all of her 500-person team, effectively disbanding the Supercharger unit, with a few staff reassigned to other roles.

Earlier this week Tesla laid off employees in software, service and engineering departments.

Other executives have also been axed, and Musk has reportedly emailed other executives that they would be terminated if they didn’t cut a higher percentage of their staff.

Autopilot investigation

It was back in August 2021 when the NHTSA had launched a formal investigation of Tesla’s Autopilot, after a series of high profile fatal crashes.

Then in June 2022 the NHTSA upgraded its investigation of Tesla’s Autopilot – the step taken before the agency determines a recall.

In October 2022 it was reported that the US Department of Justice had also launched a previously undisclosed criminal investigation back in 2021 over Tesla’s alleged claims that its electric vehicles (EVs) can drive themselves.

In July 2023, the NHTSA ordered Tesla to provide updated records as it continued its safety probe.

Tesla EVs have been at the centre of a number of incidents in recent years surrounding the use of automated driving systems, including multiple accidents and indeed fatalities. And Tesla’s crashes into emergency vehicles is also concerning the US authorities.

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In documents explaining why the investigation was ended due to the recall, NHTSA reportedly said it ultimately found 467 crashes involving Autopilot resulting in 54 injuries and 14 deaths.

Criminal liability?

Meanwhile Reuters, citing three people familiar with the matter, reported that US prosecutors are examining whether Tesla committed securities or wire fraud by misleading investors and consumers about its electric vehicles’ self-driving capabilities.

The Justice Department is also examining other statements by Elon Musk suggesting its cars can drive themselves.

Now Reuters has reported that federal prosecutors are examining potential criminal liability.

Investigators are exploring whether Tesla committed wire fraud, which involves deception in interstate communications, by misleading consumers about its driver-assistance systems, the sources told Reuters.

Prosecutors are also examining whether Tesla committed securities fraud by deceiving investors, two of the sources said.

The Securities and Exchange Commission is also investigating Tesla’s representations about driver-assistance systems to investors, one of the people said.

The SEC declined to comment, Reuters reported.