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Do autonomous cars make us worse drivers?

Autonomous cars are coming. So is the first fatality associated with them. Statistically, that milestone should occur in the next 18 months. What will happen then?

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Tesla in autonomous mode

On May 31, 2009, an Airbus 330 on its way from Rio de Janiero to Paris plunged from an altitude of 35,000 feet into the Atlantic, killing all 228 people on board. Just prior to the crash, the airplane was operating in autopilot mode. A reconstruction of the disaster revealed input from several sensors had been compromised by ice that caused them to give false readings. Updated sensors that were less susceptible to ice accumulation were waiting to be installed after the plane arrived in Paris.

Because of the false readings the autopilot system disengaged returning control to the pilots however the senior pilot was sleeping at the time. The two junior pilots were not as highly trained in high altitude flight as they might have been, partly because the use of machines to control aircraft under those conditions was the norm.

Faced with the unexpected, the pilots behaved poorly. At one point they are heard to say on the cockpit recorder, “We completely lost control of the airplane, and we don’t understand anything! We tried everything!” While they tried to rouse the sleeping senior pilot, the nose of the aircraft climbed until a stall was induced. Stall is the point at which the wings become barn doors instead of airfoils. The Airbus 330 dropped from the sky like a rock.

In his excellent story about the crash published on Vanity Fair, William Langewiesche offered this conclusion: “Automation has made it more and more unlikely that ordinary airline pilots will ever have to face a raw crisis in flight—but also more and more unlikely that they will be able to cope with such a crisis if one arises.”

The Tesla community has seen similar instances lately. The driver in Salt Lake City who accidentally activated Summon, causing his car to drive into the back of a truck. The woman on a freeway in California who rear ended a car that suddenly slowed in front of her. The man in Europe who crashed into the back of a van that had stalled in the high speed lane of a highway. He at least had the courage to admit his error. “Yes, I could have reacted sooner, but when the car slows down correctly 1,000 times, you trust it to do it the next time to. My bad.”

After each of these incidents, the tendency has been for many to defend the machine and blame the human. But in a recent article for The Guardian, author Martin Robbins says, “Combine an autopilot with a good driver, and you get an autopilot with, if not a bad driver, at least not such a good one.” He says that statistically, the time when a car operating in autonomous mode causes a fatality is rapidly approaching.

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Tesla Model S owner crashes into the back of a stalled van

On average, a person is killed in a traffic accident in the United States once every 100 million miles. Elon Musk says Tesla’s Autopilot is half as likely to be involved in a collision as a human driver. That would suggest that somewhere around the 200 million mile mark someone will die as a result of an automobile driven by a machine.

Tesla has already passed the 100 million mile mark for cars driving in Autopilot mode and continues to log 2.6 million miles driven per day. Statistically speaking, the time when a self driving car kills somebody is rapidly approaching. And since most autonomous cars on the road are Teslas, the odds are excellent it will be a Tesla that is involved in that first fatality.

What will happen then? Robbins goes back in history to look for an answer to that question. In 1896, Bridgit Driscoll became the first person in England to be killed by a motor car. The reaction among the public and the press was a fatalistic acceptance that progress will have a price. Within a few years, the speed limit in England was raised from 8 mph — which is was when Ms. Driscoll was killed — to 20 mph. This despite the fact that thousands of road deaths were being recorded on English roads by then.

Regulators around the world are racing to catch up with the explosion of new autonomous driving technology. But Robbins concludes,  “By the time they do, it’s likely that the technology will already be an accepted fact of life, its safety taken for granted by consumers, its failures written off as the fault of its error-prone human masters.”

The point is that injuries and fatalities will continue to occur as cars come to rely more and more on machines for routine driving chores. But in that transition period between now and the time when Level 4 autonomy becomes the norm — the day when cars come from the factory with no way for humans to control them directly — we need to accept that complacency and an inflated belief in the power of machines to protect us from harm may actually render us less competent behind the wheel.

We will need to remain vigilant, if for no other reason than telling a jury “It’s not my fault! The machine failed!” is not going to insulate us from the legal requirement to operate our private automobiles in a safe and prudent manner.

 

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"I write about technology and the coming zero emissions revolution."

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Investor's Corner

Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

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Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

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Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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