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Driver of Model X crash in Montana pens open letter to Musk, calls Tesla drivers “lab rats” [Updated]

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Pang, the driver of the Model X that crashed in Montana earlier this month has posted an open letter to Elon Musk and Tesla asking the company to “take responsibility for the mistakes of Tesla products”. He accuses Tesla for allegedly using drivers as “lab rats” for testing of its Autopilot system.

In an email sent to us and also uploaded to the Tesla Motors Club forum, Pang provides a detailed account of what happened the day of the crash. He says he and a friend drove about 600 miles on Interstate 90 on the way to Yellowstone National Park. When he exited the highway to get on Montana route 2, he drove for about a mile, saw conditions were clear, and turned on Autopilot again. Pang describes what happened next as follows:

“After we drove about another mile on state route 2, the car suddenly veered right and crashed into the safety barrier post. It happened so fast, and we did not hear any warning beep. Autopilot did not slow down at all after the crash, but kept going in the original speed setting and continued to crash into more barrier posts in high speed. I managed to step on the break, turn the car left and stopped the car after it crashed 12 barrier posts.

“After we stopped, we heard the car making abnormal loud sound. Afraid that the battery was broken or short circuited, we got out and ran away as fast as we could. After we ran about 50 feet, we found the sound was the engine were still running in high speed. I returned to the car and put it in parking, that is when the loud sound disappeared.”

Pang goes on to explain how his Tesla Model X driving on Autopilot continued to travel on its own even after veering off the road and crashing into a roadside stake.  “I was horrified by the fact that the Tesla autopilot did not slow down the car at all after the intial crash. After we crashed on the first barrier post, autopilot continued to drive the car with the speed of 55 to 60 mph, and crashed another 11 posts. Even after I stopped the car, it was still trying to accelerate and spinning the engine in high speed. What if it is not barrier posts on the right side, but a crowd?”

Photo credit: Steven Xu

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After the accident, Tesla reviewed the driving logs from the Model X and reported that the car was operating for more than two miles with no hands on the steering wheel, despite numerous alarms and warnings issued by the car. Pang says he never heard any audible warnings. Comments on TMC range from the incredulous to the acerbic. Most feel Teslas simply don’t operate the way Pang said his car did. Among other discrepancies, the cars are designed to put themselves in Park if the driver’s door is opened with no one in the driver’s seat.

But that hasn’t stopped Pang from voicing his strong opinions on Tesla’s Autopilot system. “It is clear that Tesla is selling a beta product with bugs to consumers, and ask the consumers to be responsible for the liability of the bugging autopilot system. Tesla is using all Tesla drivers as lab rats.”

A car that crashes but continues to accelerate is certainly a scary thought. There is no way to resolve the discrepancy between what Pang says happened and Tesla’s account of what occurred. In an updated email sent to us by friend and english translator for Mandarin speaking Pang, Tesla has reached out to Pang to address the matter.

The original open letter from Pang reads as follows:

A Public Letter to Mr. Musk and Tesla For The Sake Of All Tesla Driver’s Safety

From the survivor of the Montana Tesla autopilot crash

My name is Pang. On July 8, 2016, I drove my Tesla Model X from Seattle heading to Yellowstone Nation Park, with a friend, Mr. Huang, in the passenger seat. When we were on highway I90, I turned on autopilot, and drove for about 600 miles. I switched autopilot off while we exited I90 in Montana to state route 2. After about 1 mile, we saw that road condition was good, and turned on autopilot again. The speed setting was between 55 and 60 mph. After we drove about another mile on state route 2, the car suddenly veered right and crashed into the safety barrier post. It happened so fast, and we did not hear any warning beep. Autopilot did not slow down at all after the crash, but kept going in the original speed setting and continued to crash into more barrier posts in high speed. I managed to step on the break, turn the car left and stopped the car after it crashed 12 barrier posts. After we stopped, we heard the car making abnormal loud sound. Afraid that the battery was broken or short circuited, we got out and ran away as fast as we could. After we ran about 50 feet, we found the sound was the engine were still running in high speed. I returned to the car and put it in parking, that is when the loud sound disappeared. Our cellphone did not have coverage, and asked a lady passing by to call 911 on her cellphone. After the police arrived, we found the right side of the car was totally damaged. The right front wheel, suspension, and head light flied off far, and the right rear wheel was crashed out of shape. We noticed that the barrier posts is about 2 feet from the white line. The other side of the barrier is a 50 feet drop, with a railroad at the bottom, and a river next. If the car rolled down the steep slope, it would be really bad.

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Concerning this crash accident, we want to make several things clear:

1. We know that while Tesla autopilot is on but the driver’s hand is not on the steering wheel, the system will issue warning beep sound after a while. If the driver’s hands continue to be off the steering wheel, autopilot will slow down, until the driver takes over both the steering wheel and gas pedal. But we did not hear any warning beep before the crash, and the car did not slow down either. It just veered right in a sudden and crashed into the barrier posts. Apparently the autopilot system malfunctioned and caused the crash. The car was running between 55 and 60 mph, and the barrier posts are just 3 or 4 feet away. It happened in less than 1/10 of a second from the drift to crash. A normal driver is impossible to avoid that in such a short time.

2. I was horrified by the fact that the Tesla autopilot did not slow down the car at all after the intial crash. After we crashed on the first barrier post, autopilot continued to drive the car with the speed of 55 to 60 mph, and crashed another 11 posts. Even after I stopped the car, it was still trying to accelerate and spinning the engine in high speed. What if it is not barrier posts on the right side, but a crowd?

3. Tesla never contacted me after the accident. Tesla just issued conclusion without thorough investigation, but blaming me for the crash. Tesla were trying to cover up the lack of dependability of the autopilot system, but blaming everything on my hands not on the steering wheel. Tesla were not interested in why the car veered right suddenly, nor why the car did not slow down during the crash. It is clear that Tesla is selling a beta product with bugs to consumers, and ask the consumers to be responsible for the liability of the bugging autopilot system. Tesla is using all Tesla drivers as lab rats. We are willing to talk to Tesla concerning the accident anytime, anywhere, in front of the public.

4. CNN’s article later about the accident was quoting out of context of our interview. I did not say that I do not know either Tesla or me should be responsible for the accident. I might consider buying another Tesla only if they can iron out the instability problems of their system.

As a survivor of such a bad accident, a past fan of the Tesla technology, I now realized that life is the most precious fortune in this world. Any advance in technology should be based on the prerequisite of protecting life to the maximum extend. In front of life and death, any technology has no right to ignore life, any pursue and dream on technology should first show the respect to life. For the sake of the safety of all Tesla drivers and passengers, and all other people sharing the road, Mr. Musk should stand up as a man, face up the challenge to thoroughly investigate the cause of the accident, and take responsibility for the mistakes of Tesla product. We are willing to publicly talk to you face to face anytime to give you all the details of what happened. Mr. Musk, you should immediately stop trying to cover up the problems of the Tesla autopilot system and blame the consumers.

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Tesla’s Response on TMC

TM Ownership, Saturday at 12:11 PM
Dear Mr. Pang,

We were sorry to hear about your accident, but we were very pleased to learn both you and your friend were ok when we spoke through your translator on the morning of the crash (July 9). On Monday immediately following the crash (July 11), we found a member of the Tesla team fluent in Mandarin and called to follow up. When we were able to make contact with your wife the following day, we expressed our concern and gathered more information regarding the incident. We have since made multiple attempts (one Wednesday, one Thursday, and one Friday) to reach you to discuss the incident, review detailed logs, and address any further concerns and have not received a call back.

As is our standard procedure with all incidents experienced in our vehicles, we have conducted a thorough investigation of the diagnostic log data transmitted by the vehicle. Given your stated preference to air your concerns in a public forum, we are happy to provide a brief analysis here and welcome a return call from you. From this data, we learned that after you engaged Autosteer, your hands were not detected on the steering wheel for over two minutes. This is contrary to the terms of use when first enabling the feature and the visual alert presented you every time Autosteer is activated. As road conditions became increasingly uncertain, the vehicle again alerted you to put your hands on the wheel. No steering torque was then detected until Autosteer was disabled with an abrupt steering action. Immediately following detection of the first impact, adaptive cruise control was also disabled, the vehicle began to slow, and you applied the brake pedal.

Following the crash, and once the vehicle had come to rest, the passenger door was opened but the driver door remained closed and the key remained in the vehicle. Since the vehicle had been left in Drive with Creep Mode enabled, the motor continued to rotate. The diagnostic data shows that the driver door was later opened from the outside and the vehicle was shifted to park. We understand that at night following a collision the rotating motors may have been disconcerting, even though they were only powered by minimal levels of creep torque. We always seek to learn from customer concerns, and we are looking into this behavior to see if it can be improved. We are also continually studying means of better encouraging drivers to adhere to the terms of use for our driver assistance features.

We are still seeking to speak with you. Please contact Tesla service so that we can answer any further questions you may have.

Sincerely,
The Tesla team

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

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Investor's Corner

New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

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Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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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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