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DOT must not give Tesla or other automakers a free pass, advocates say

Will Elon Musk's Tesla get special treatment?

Jonathan M. Gitlin – | 128
Koahsiung, Taiwan - June, 16, 2022: Man using automatic driving car on highway
Credit: Getty Images
Credit: Getty Images

Consumer advocates and the families of Tesla crash victims both called on Secretary of Transportation Sean Duffy this week not to weaken oversight of the automotive industry. As with other government agencies, since the change of administrations in January, much of the messaging from the Department of Transportation has been on overturning regulations on industry and weakening oversight and consumer protection to create a "level... playing field."

On Tuesday, seven family members of people killed or seriously injured as a result of Tesla's Autopilot driver assist wrote to Sec. Duffy with a particular concern: that he not overturn the National Highway Traffic Safety Administration's Standing General Order that requires automakers or operators to report vehicle crashes that occurred while using a partially automated driving system (like Tesla Autopilot or FSD) or an autonomous driving system (like Waymo's robotaxis).

In particular, the families are concerned that Duffy will give special treatment to Tesla's Elon Musk, who these days is busier poking his fingers into all corners of the federal government than he is running Tesla or SpaceX.

"We fear this important measure is under threat given recent media reports and the influence of Tesla CEO Elon Musk, whose company operates the most widely used Level 2 ADAS [advanced driver assistance] systems in America," the families wrote.

Ars Video

 

NHTSA has logged more than 1,800 crashes involving Autopilot and FSD since 2019, and at least 54 people have been killed as a result of using the systems. This has led the families to ask Sec. Duffy to "maintain robust federal oversight of autonomous vehicles and driver assistance software to preserve the Standing General Order and to ensure that active investigations into Tesla are free from political influence."

On Wednesday, Sec. Duffy received a letter from Consumer Reports with similar concerns. "[DOT] agencies—staffed by expert public servants who are well equipped to carry out the Department’s education, research, standards, and enforcement activities—must be sufficiently resourced if they are to help drive the progress that American consumers rightly expect to see in the future," Consumer Reports wrote.

The consumer advocacy organization has been doing its own testing of emerging automotive technologies for some years now and shared with Duffy the importance of standing firm against industry attempts to "weaken or delay" a rule that would mandate automatic emergency braking. Consumer Reports also highlighted the importance of ensuring pedestrian safety; testing ADAS, partially automated driving systems, and autonomous vehicles for safety; and implementing strict fuel economy standards as all critical in protecting consumers.

"DOT has the chance to close safety gaps and ensure that technological advances translate into real-world benefits for consumers–and it must not pass up this opportunity," Consumer Reports wrote.

"Secretary Duffy’s heart goes out to the victims' families, and he takes their concerns seriously," a NHTSA spokesperson said in a statement sent to Ars. "As the Secretary made clear during his confirmation hearing, he is committed to allowing NHTSA's investigators to follow the evidence and operate objectively. Our priority is safety, and the agency will continue to enforce the law on all manufacturers of motor vehicles and equipment in accordance with the Vehicle Safety Act and the agency’s data-driven, risk-based investigative process."

Photo of Jonathan M. Gitlin
Jonathan M. Gitlin Automotive Editor
Jonathan is the Automotive Editor at Ars Technica. He has a BSc and PhD in Pharmacology. In 2014 he decided to indulge his lifelong passion for the car by leaving the National Human Genome Research Institute and launching Ars Technica's automotive coverage. He lives in Washington, DC.
128 Comments
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Frodo Douchebaggins
Because fsd wasn't on, he took it off before crashing. But it's honestly good. That's what everyone else is so saying Because you can see it in the video.

Auto pilot os little different and not fsd. It's more like a helping hand


"F"SD will also happily disengage right before an accident, as will autopilot. It's entirely possible that's what happened here.

It's a human factors disaster, frankly. And just to cut off any nonsense about me just being some internet commentator: I had a Model 3 before probably anyone y'all know, serial number in the low 4,000s (and a lot of the serials lower than that were assigned and never built, so it's not like my car was actually the 4000th built). My car was also the first known field upgrade to the newer (at the time) FSD computer by a service center.

I used to be a cheerleader, but it was all a scam. Yes, it can be very capable and interesting under certain circumstances and sure I miss some of the functions from it, but it never delivered the features I paid for and I don't think it ever will, at least to the cars already in the field.
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