U.S. asks Tesla why it failed to file recall notices for its Autopilot system
DETROIT — U.S. highway safety investigators want to know why Tesla did not file recall paperwork when it updated its Autopilot software to better identify parked emergency vehicles.
In a letter posted on the agency’s website Wednesday, the National Highway Traffic Safety Administration told the company that it must recall vehicles if an over-the-internet update addresses a safety defect.
“Any manufacturer issuing an over-the-air update that mitigates a defect that poses an unreasonable risk to motor vehicle safety is required to timely file an accompanying recall notice to NHTSA,” the agency said in a letter Tuesday to Eddie Gates, Tesla’s director of field quality.
The agency also ordered the company to provide information about its so-called Full Self-Driving software that’s being tested on public roads with some owners.
The latest clash is another sign of escalating tensions between Tesla and the government agency that regulates partially automated driving systems.
In August the agency opened an investigation into Tesla’s Autopilot after receiving multiple reports of vehicles crashing into emergency vehicles with warning lights flashing that were stopped on highways.
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A message was left early Wednesday seeking comment from Tesla, which has disbanded its media relations department.
NHTSA opened a formal investigation of Autopilot in August after a series of Tesla car crashes into parked emergency vehicles. The investigation covers 765,000 vehicles, almost everything that Tesla has sold in the U.S. since the start of the 2014 model year. In the dozen crashes identified as part of the probe, 17 people were injured and one person was killed.
According to the agency, Tesla did an over-the-internet software update in late September that was intended to improve detection of emergency vehicle lights in low-light conditions. The agency said Tesla is aware that federal law requires automakers to do a recall if they find out that vehicles or equipment have safety defects.
The agency asked for information about Tesla’s “Emergency Light Detection Update,” which was sent to certain vehicles “with the stated purpose of detecting flashing emergency vehicle lights in low light conditions and then responding to said detection with driver alerts and changes to the vehicle speed while Autopilot is engaged.”
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The letter asked for a list of events that motivated the software update, as well as which vehicles it was sent to and whether the measures extend to Tesla’s entire fleet.
It also asked the company whether it intended to file recall documents. “If not, please furnish Tesla’s technical and/or legal basis for declining to do so,” the agency said.
When automakers find out about a safety defect, they must tell NHTSA within five working days, and they’re required to do recalls. NHTSA monitors the recalls to make sure that they cover all affected vehicles and that the automakers are making proper efforts to contact all owners.
Tesla must comply with the request by Nov. 1 or face court action and civil fines of more than $114 million, the agency wrote.
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In a separate special order sent to Tesla, NHTSA said that the company might be taking steps to hinder the agency’s access to safety information by requiring drivers testing Full Self-Driving software to sign nondisclosure agreements.
The order demanded that Tesla describe the nondisclosure agreements and how they are signed by Tesla drivers. The company also must say whether Tesla requires owners of vehicles equipped with Autopilot to agree “to any terms that would prevent or discourage vehicle owners from sharing information about or discussing any aspect of Autopilot with any person other than Tesla.”
Responses must be made by a Tesla officer under oath. If Tesla fails to fully comply, the order said, the matter could be referred to the Justice Department for court action to force responses. It also threatened more fines.
Tesla has said that neither vehicles equipped with Full Self-Driving nor those with Autopilot can drive themselves. It warns drivers that they must be ready to intervene at all times.
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It was unclear how Tesla Chief Executive Elon Musk would respond to NHTSA’s demands. The company and Musk have a long history of sparring with federal regulators.
In January, Tesla refused a request from NHTSA to recall about 135,000 vehicles because their touchscreens could go dark. The agency said the screens were a safety defect because backup cameras and windshield defroster controls could be disabled.
A month later, after NHTSA started the process of holding a public hearing and taking Tesla to court, the company agreed to the recall. Tesla said it would replace computer processors for the screens, even though it maintained there was no safety threat.
In a separate dispute, Musk fought with the Securities and Exchange Commission over a 2018 tweet claiming that he had financing to take Tesla private, when in fact no funding was not secured. He and the company agreed to pay $20 million each to settle allegations that he misled investors. Later, the SEC sought to hold Musk in contempt of court for tweeting a misleading projection of how many vehicles Tesla would manufacture. Musk branded the SEC the “shortseller enrichment commission,” a play on its acronym. Short sellers bet that a stock price will fall.
The new demands from NHTSA signal a tougher regulatory stance under President Biden on automated vehicle safety compared with previous administrations. The agency had appeared reluctant to regulate the new technology for fear of hampering adoption of the potentially life-saving systems.
The National Transportation Safety Board, which also has investigated some of the Tesla crashes dating to 2016, has recommended that NHTSA and Tesla limit Autopilot’s use to areas where it can safely operate. The NTSB also recommended that NHTSA require Tesla to have a better system to make sure drivers are paying attention. The NTSB has no enforcement powers and can only make recommendations to other federal agencies.
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