News
No, Tesla wasn’t “cheated” in the Model 3 headlight safety test by the IIHS
With the Insurance Institute for Highway Safety’s release of initial crash test information for the Tesla Model 3 came cries from many in the electric vehicle community that Tesla was “being cheated.” This isn’t entirely true as the new IIHS test removes a lot of cars out of the Top Safety Pick+ rating, the highest accolade the independent safety tester will give a car.
The Insurance Institute for Highway Safety (IIHS) is an independent testing organization funded by insurance companies and some of the banks who back them. The IIHS purchases every car it tests–usually several of each–and tests these vehicles in their highest-available safety configuration. These crash tests usually destroy the vehicles in question, of course, but give an independent, third-party result not otherwise available.
When the IIHS’ initial safety results for the Tesla Model 3 were released, they included ratings for only two of the seven total ratings given to a vehicle. Those ratings, posted to the IIHS.org website, created a lot of response from the community regarding the failure of the Model 3’s headlamps to pass muster.
The tests so far include only the non-invasive, non-destructive tests normally conducted by the IIHS. Namely to crash mitigation systems and headlamps. It’s likely that the next test to see release on the Model 3 will be for LATCH child safety system use, another non-destructive test. From there, crash testing will begin. For that, IIHS needs to receive more Model 3 vehicles (5 in all), the rest of which are on order and expected later this year. Like any other Model 3 buyer, delays in manufacturing have put the IIHS’ ownership of the cars for evaluation on hold.
How the IIHS Conducts Headlight Tests, and Why
The IIHS conducts headlamps tests because, according to the organization, about half of all fatal crashes in the U.S. occur in the dark and many of those are on unlit roads where headlamps are the only thing illuminating whatever’s in front of the car. Although headlights are mandatory and minimum illumination requirements are required by law for all street-legal vehicles, there is a wide variance in how much (and how useful) that illumination can be. Especially with the advent of new lighting technologies.
“Headlight technology has been developing rapidly in recent years. LED and high-intensity discharge (HID) lamps have begun to replace the traditional halogen ones,” IIHS explains on its website. “Many automakers offer curve-adaptive headlights, which respond to steering and swivel according to the direction of travel. Many also offer high-beam assist, a feature that can increase the use of high beams..” These and other variables mean that headlights of the same type on one vehicle can be much worse than they can on another. Even little things like how the lights are focused, what type of light they emit, etc. can change effectiveness.
[Credit: Parker Smith via YouTube]
For those reasons, the IIHS instituted a headlight testing methodology in 2016. Starting this year (2018), these test results directly affect a vehicle’s eligibility for Top Safety Pick+ status. So far in 2018, only a handful of models have received TSP+ ratings. Somewhat surprising for luxury and high-end car buyers is the fact that almost all of those TSP+ vehicles are lower-end vehicles from makes like Hyundai and Subaru.
Testing for headlamps is conducted using a multi-part evaluation using a hypothetical, clear, two-lane road. The tests include measurements in a straightaway, measuring both the length and amount of illumination as well as the amount of glare the lights create for oncoming drivers. Then a gradual left- and right-hand turn and a steeper left- and right-hand curve are measured for a total of five directions in all.
Results are taken from varied distances at 10 inches high and 3-feet, 7-inches high (from the ground) to mimic where the driver is looking (out and down) and where oncoming vehicle drivers are seeing from (higher up). Ratings are then assigned according to how these measurements line up with a hypothetical ideal headlight system. Both low and high beams are tested the same way with the low beams being weighted for scoring as they are used most often in the real world. Vehicles with automatic high beam systems are given more points as the high beams will be used more often.
The Controversy Surrounding the IIHS Headlight Test
The inherent weakness in this IIHS test is similar to that of most of its advanced testing: it’s only tested on the ideal vehicle trim level and options. In other words, the testing is most likely happening on the most expensive model being sold, not necessarily on the most mainstream version of the vehicle. This becomes obvious when the bulk of the Top Safety Pick+ list is comprised of vehicles like the 2018 Subaru WRX.
The WRX is a great car, sure; a personal favorite in fact. But its winning of a TSP+ badge is a little misleading. The volume-selling model WRX is the mid-tier Premium trim, which doesn’t include the LED headlights or the automatic high beam control tested by the IIHS. To get those, one has to go up to the more expensive Limited trim point and add the EyeSight system. That latter point can only come if the buyer of this driver’s car is willing to drop their manual transmission for a CVT. That’s another sticking point as the WRX has a large percentage of buyers who want to shift the gears themselves.
What all of this means is that the 2018 WRX is a great car, but it’s not likely to be purchased in the configuration which the IIHS used to test its headlamps with. Other cars on the TSP+ list are much the same.
The interesting note here is that unlike actual crash tests, the slightly more subjective headlamp tests of the IIHS fall into the non-destructive tests for other safety equipment that, while respected, are also flawed for the same reason: only top-end models tend to have all of that equipment on them. Unlike those other safety items, however, the headlamp tests can hurt higher-end models while lower-end options would ace them. Why? Because LED headlamps, which consistently appear to fail most of the glare testing that the IIHS does, are generally only found on top-end models or luxury vehicles. There could be a lot of reasons for that, but my personal theory is that it has to do with automakers having to find a median between maximum safe illumination and glare due to how reflective LED lamps are designed.
The current IIHS Top Safety Pick+ list includes no midsize luxury cars (which the Model 3 is considered), though the overall midsize car category has five entries. All of them with caveats as to what must be included (usually top trim point items or options). Last year, under the old rules, most midsize and midsize luxury cars made the TSP+ list and Tesla’s Model S failed to make the list in part, again, for headlights.
It’s difficult to say what will happen with the Insurance Institute’s testing going forward. Likely manufacturers will come up with solutions to receive better scores on the headlamps test, perhaps by changing LED lighting designs or gaming the IIHS tests (as they have in the past with the small front overlap).
Tesla has some smart engineers and could probably figure out a way to remedy the lighting problem that’s kept their vehicles from rating high on IIHS tests in recent years. With a mainstream attempt like the Model 3, that could become a very important goal as buyers in the midsize sedan category tend to be safety conscious consumers.
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.
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.
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.
News
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.
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.
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.
Ron Baron today in new interview on Tesla:
“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.” pic.twitter.com/Rv5PB0bVZ2
— Sawyer Merritt (@SawyerMerritt) September 16, 2026
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.
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
NHTSA just escalated its Tesla Cybercab investigation in a big way
