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Opinion: Consumer Reports’ Tesla Autopilot stunt crossed a line in an already-heated EV climate
Just recently, Consumer Reports published the results of a test it conducted at its private track to demonstrate just how “easy” it was to fool Tesla’s Autopilot system into operating without a driver behind the wheel. The magazine was successful in its aim, but it also demonstrated that it takes a very determined driver and an elaborate set of procedures to bypass Tesla’s driver-monitoring systems.
Bypassing Tesla’s Active Safety Features: A Walkthrough
To accomplish its goals, Consumer Reports performed a series of blatantly illegal driving behaviors. The magazine’s team seemed to have buckled in the driver’s seatbelt without a person sitting in the seat. The driver, who was not actively belted in, then engaged Autopilot and reduced the system’s speed to zero. When the vehicle stopped, a weighted defeat device was placed on the Tesla’s steering wheel to simulate pressure from the driver’s hand. The driver then went over to the passenger seat and increased Autopilot’s speed, which enabled the vehicle to start moving again. Consumer Reports also made it a point to point out that the driver in its test did not open the vehicle’s doors, as that would disengage Autopilot.
Overall, Consumer Reports tried to demonstrate that it was easy to fool Autopilot. Only it didn’t. The magazine instead provided a reasonably comprehensive guide on how to bypass several layers of Tesla Autopilot’s driver-monitoring systems. In its piece, Consumer Reports argued that this was proof that Tesla’s driver monitoring is inadequate since it does not use eye-tracking technology like those employed in GM’s Super Cruise (or Ford’s BlueCruise). While a valid argument, this does not excuse the magazine’s demonstration. Had Tesla employed eye-tracking technology, it would have been easy for Consumer Reports to use another creative trick to fool the system just the same. If the driver’s seat in the Tesla used sensitive weight sensors, it would have been “easy” to cheat the system with a weighted object as well (a literal sack of potatoes would do).
Inasmuch as Autopilot’s driver monitoring systems are not foolproof, the contingencies in Super Cruise are likely not foolproof either, especially against a driver who’s deliberately bypassing a vehicle’s safety systems. Simply put, if a person is intentionally putting themselves in danger by participating in illegal driving behaviors, no driver-monitoring system would be enough. Nevertheless, the magazine suggested that when it comes to Tesla, the fact that Autopilot could be fooled by a defeat device and an elaborate set of procedures means that the EV maker is at fault.
The Allure of Tribalism
Humans are tribal creatures by nature, as concluded in a 2019 study from the Association for Psychological Science. It is then no surprise that tribalism is prevalent everywhere. These tribes exist in numerous segments, from politics to consumer products. A look at the current political climate in countries such as the United States and the Philippines would show this. The years-long arguments against fans of iPhones and Android smartphones, or console and PC gamers, also hint at the notion that groups among similarly-minded individuals are bound to be formed.
The auto sector is no stranger to tribes, as seen in the rivalry between enthusiasts of Ford and Chevrolet vehicles. The Mustang vs. Camaro debate is still ongoing today, as is the pickup rivalry between the Ford F-150 and the Chevy Silverado. Tribes also exist in the racing segment, with groups forming among enthusiasts of classic, big-engined American muscle cars and highly modified Japanese imports. Such is simply the nature of the car industry. There are rivalries among companies and those that support them.
Congratulations on the Mach E! Sustainable/electric cars are the future!! Excited to see this announcement from Ford, as it will encourage other carmakers to go electric too.
— Elon Musk (@elonmusk) November 18, 2019
And for the most part, this is okay, especially if members of certain tribes are willing to coexist with the other. Tesla, however, has been caught in the crossfire more often than not. This has spawned a narrative that has become quite popular among the company’s critics and the mainstream media—that Tesla has a cult of followers that blindly worship Elon Musk, and actively attack anyone supporting any other vehicle that is not a Tesla.
While fringe groups of aggressive Tesla fans exist, they certainly do not comprise the majority of the company’s supporters. During the Mach-E’s announcement, CEO Elon Musk actively supported the vehicle, even as classic Mustang fans threw up their hands and bashed the electric car in frustration at the notion of a crossover being given the classic sports car’s iconic name. Even today, when tempers in the EV community online are flared, numerous strong voices remain supportive of the Mach-E.
A Fallacy of Composition
Consumer Reports’ Autopilot workaround test garnered a ton of attention, and it did not take long before Ford CEO Jim Farley retweeted the magazine’s findings, noting that Teslas will drive with no one in the driver’s seat. This is quite disingenuous, as vehicles have always been capable of operating without anyone in the driver’s seat, provided that drivers actively participate in illegal behaviors (such as putting a stone or a brick on the accelerator). Consumer Reports’ own staff also engaged queries from numerous Tesla supporters online to mixed results. Head of Connected and Automated Vehicles at Consumer Reports Kelly Frunkhouser, for one, stood her ground against critical comments against the magazine’s test to such a degree that she opted to mock a Tesla supporter for having only four followers on Twitter. The tweet was later deleted.
Tesla Will Drive With No One in the Driver's Seat – Consumer Reports https://t.co/HGGYoAOHv6
— Jim Farley (@jimfarley98) April 22, 2021
The unfortunate thing in this whole scenario is the fact that some Tesla supporters actually had valid points against Consumer Reports’ Autopilot conclusions. Why was Autopilot not benchmarked against comparable systems like Super Cruise and regular cruise control? What are the safety stats of systems like Super Cruise? Why not cite data that shows how many accidents occur every year due to improper cruise control use? These are but a few of the questions that were brought to the magazine’s attention, but most were dismissed because Tesla fans are just a “cult” (queue in the Simpsons meme showing “weird nerds” shielding Elon Musk from “valid criticism”).
In later tweets, Consumer Reports Head of Auto Testing Jake Fisher called back to the magazine’s interaction with Tesla back in the Model 3’s early days, when the vehicle initially missed the agency’s “Recommended” rating because of its brakes. In that instance, Tesla acknowledged the issue and rolled out a software update to address it, which resulted in the Model 3 later getting a “Recommended” rating. CR’s Autopilot demo is not the same, however, as this time around, the alleged faults of Tesla’s driver monitoring systems were intentionally being bypassed. This is not a “we observed something wrong that Tesla needs to fix” situation. This is an “Autopilot can be fooled if we try really hard and thus Tesla is at fault” situation. The Model 3 brakes were indeed valid criticism, and Tesla reacted as such. A series of procedures that bypass active safety features, maybe not so much.
When CR first tested the Tesla Model 3, we complained about the ride, seat comfort, wind noise, controls, and brakes. Boy were the Tesla fans pissed. Tesla OTOH improved all those things. No regrets.
— Jake Fisher (@CRcarsJake) April 23, 2021
Skeletons in the Closet and a Familiar Game Plan
While Consumer Reports prides itself in its analysis of consumer products, the magazine has shown bias in the past. Consumer Reports may not want to talk about it much today, but back in the 80s and the 90s, the magazine ended up costing the United States one of its most affordable, fun, and popular off-roaders ever — the Suzuki Samurai. Better known in other territories as the Suzuki Jimny, the Samurai was introduced in the United States in 1985.
By 1987, Suzuki was selling roughly two Samurais for every Jeep Wrangler sold. Consumer Union, the publisher of Consumer Reports, then came out with a devastating report on the Samurai in June 1988, giving the small SUV a damning “Not Acceptable” rating due to its alleged rollover risk. Consumer Reports’ conclusions were serious, and it called for a recall of the 150,000 Samurais that were already sold in the United States. Consumer Reports also urged Suzuki to refund the vehicles’ purchase price to their owners since, as per statements from then-Consumers Union assistant director David C. Berliner, “The design is inherently flawed in the Samurai. It’s not something where they can make an adjustment, or put on some hardware in order to make a difference. As designed, the only solution is to take it off the market.”
Suzuki fought Consumer Reports’ findings, and even safety watchdog group Center for Auto Safety noted that the Samurai’s rollover incidents were not unusual for such a popular vehicle. By then, the Samurai received 44 reports of rollovers with 16 deaths and 53 injuries, but Ron De Fore, director of public and consumer affairs for the safety agency, noted that such numbers were not too high considering that there are 150,000 of the SUVs on the road. De Fore also stated that of the fatal incidents surrounding the vehicle, 63% were alcohol-related, and only 24% were wearing seat belts. But despite these, Consumer Union doubled down, eventually showing a video of its tests featuring two of the Samurai’s wheels coming off the ground in a swerve test. Addressing reporters, Consumer Union technical director R. David Pittle remarked that the vehicle “literally trips over its own feet.”
Needless to say, Consumer Reports’ attacks against the Samurai tanked the SUV’s sales in the United States. By 1989, the Samurai was selling just about 5,000 units per year. Suzuki pulled out the Samurai in 1995 due to dismal sales, but in 1996, Consumer Reports added salt to the wound by highlighting its Samurai findings in its anniversary edition. This prompted a lawsuit from the Japanese carmaker, which ultimately resulted in footage of Consumer Reports’ tests on the small SUV from 1988. The video was shocking. As could be seen in the videos from Consumer Reports’ own tests, the Samurai actually performed very well, resisting rollovers so much that Technical Director David Pittle opted to change the test course to make it more challenging. Footage of the tests showed some Consumer Union staff audibly cheering when the Samurai’s wheels finally left the ground.
A Cautionary Tale
Suzuki and Consumer Union settled the lawsuit in 2004, and while the Consumer Reports publisher did not pay the Japanese carmaker any money or issue a retraction, it did issue a joint press statement clarifying that the magazine’s article about the Samurai in 1988 may have been misconstrued. It was a moral victory for Suzuki, but the damage had been done.
This is something that the EV community, the auto sector, and the media itself must keep in mind. Anyone with the least bit of comprehension understands that there is a need to transition the motoring sector to more sustainable vehicles. The auto sector could not really afford to have another Suzuki Samurai saga right now, especially considering the sustainability goals of numerous countries worldwide.
Tesla is leading the pack by a wide margin, and the company is only accelerating, with more vehicles poised to be built in Gigafactory Berlin, Giga Shanghai’s expansion, and in Gigafactory Texas. The motoring world cannot really be involved in unnecessary drama against Tesla today, as the mission to accelerate the advent of sustainability is far more important than tribal quarrels or prejudice against a group of EV enthusiasts. Does Tesla have to improve? Definitely, yes, especially when it comes to build consistency and after-sales service. Can Autopilot be safer? Absolutely, and Tesla definitely should. Was showing a walkthrough of how to illegally hack the driver-assist system using a defeat device (among many) helpful? Perhaps not.
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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.
Investor's Corner
Tesla uber bull Ron Baron says ‘the time to buy the stock is now’
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.
Elon Musk
SpaceX’s next Starship launch is about to attempt its biggest leap yet
SpaceX targets September 22 for Starship Flight 14, its first attempt to reach real orbit.
SpaceX has set September 22 as the target date for Starship’s 14th test flight, and this one carries a different goal than any of the 13 that came before it. Every previous Starship mission has intentionally flown a suborbital arc, reentering the atmosphere within the same hour it launched. Flight 14 is designed to send the craft into a genuine orbit around Earth for the first time.
The launch window opens at 7:15 a.m. Central time at Starbase in South Texas and runs for 75 minutes, pending regulatory approval, according to SpaceX’s mission description published Tuesday. If the flight goes as planned, Starship will circle the planet roughly six times at an altitude near 275 kilometers over about ten hours before a deorbit burn sends it toward a splashdown in the Pacific Ocean west of Chile, a departure from the Indian Ocean recoveries used on the last several flights.
The mission also marks the first attempt to put a working batch of Starlink V3 satellites into actual service. Flight 13 carried 20 of the new satellites in July, but because that mission never left a suborbital trajectory, the payload reentered along with the ship instead of separating into orbit.
SpaceX tells the FCC that Starship Flight 14 is going to orbit
Each V3 satellite is rated for roughly one terabit per second of downlink capacity, so a successful deployment on Flight 14 would be SpaceX’s largest single jump in network bandwidth since Starlink began flying on Falcon 9.
Flight 13 still did the heavier lifting on the technical side. That July mission flew a deliberately more stressful reentry profile to test Starship’s heat shield, and the ship survived its softest splashdown yet, intact enough for drone inspections shortly after landing. Elon Musk said the flight delivered “all the heat shield data we needed and then some,” a result Teslarati covered in detail when he later said SpaceX had solved the vehicle’s biggest reusability challenge. Flight 14 is where SpaceX starts spending that confidence on an actual orbital insertion rather than another controlled fall back to Earth.
One thing Flight 14 will not attempt is a tower catch of the ship. Musk floated the idea right after Flight 13, but walked the timeline back in August, saying a catch attempt was more likely “in a few months.” The Super Heavy booster will still aim for its own recovery, targeting an offshore landing point in the Gulf of America, the same approach used on recent flights.
September 22 is SpaceX’s own target, not a locked date. Starship’s schedule has slipped before over hardware readiness and FAA sign off, and the company has said as much in its own mission notes. But the plan itself represents the clearest marker yet that Starship is moving from a suborbital test program into something meant to carry paying payloads and, eventually, people.