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Tesla receives Special Order from NHTSA regarding Autopilot probe

Credit: Tesla

Tesla received a Special Order from the National Highway Transportation Safety Administration (NHTSA) regarding its Autopilot investigation launched in June 2022. It was upgraded from a Preliminary Evaluation that was initiated in August 2021.

On July 26, the NHTSA wrote a letter to Tesla’s Senior Director of Legal expressing concerns about Autopilot and its ability to alert drivers of their attentiveness, or lack thereof, when using the driver assistance feature.

The letter states:

“Recently, NHTSA became aware that Tesla has introduced an Autopilot configuration that, when enabled, allows drivers using Autopilot to operate their vehicles for extended periods without Autopilot prompting the driver to apply torque to the steering wheel. NHTSA is concerned that this feature was introduced to consumer vehicles and, now that the existence of this feature is known to the public, more drivers may attempt to activate it. The resulting relaxation of controls designed to ensure that the driver remain engaged in the dynamic driving task could lead to greater driver inattention and failure of the driver to properly supervise Autopilot.”

Tesla was instructed that it must respond to the Special Order by August 25, which was last Friday, or face fines of up to $26,315 daily.

Bloomberg initially reported on the NHTSA’s Special Order. The NHTSA shared the documents with Teslarati.

Tesla was required to submit the following to the NHTSA:

  1. Details and dates of Software Updates, when they were introduced to Tesla engineering and then to consumer vehicles
  2. Steps to activate the setting gin the software update “that reduces or eliminates instances in which Autopilot prompts the driver to apply torque has been enabled.”
  3. Detailed steps or conditions necessary to revert a vehicle whose software update was activated to its ordinary state
  4. Differences between the setting in the software update that “reduces or eliminates instances in which Autopilot prompts the driver to apply torque when enabled and when not enabled to Autopilot’s driver monitoring system, including the amount of time that Autopilot is allowed to operate without prompting application of torque, and any warnings or chimes that are presented to the driver.”
  5. Other changes in the vehicle’s user inference, Autopilot functionality, vehicle control authority
  6. Tesla’s basis or purpose in installing the subject software in on road consumer vehicles “beyond the Tesla engineering vehicles, including but not limited to the justification for which consumer vehicles or vehicle owners were eligible for the subject software update.”
  7. Any lessons learned/findings from driving vehicles with subject software update enabled
  8. Documents explaining subject software’s functionality
  9. Test plans or instructions given to Tesla engineering staff who are responsible for driving engineering vehicles with the software update
  10. Crash and incident reports from collisions or near-misses involving vehicles with software update enabled.

Last week, NHTSA Administrator Ann Carlson said the Autopilot investigation would “get to a resolution…relatively soon.”

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

Tesla receives Special Order from NHTSA regarding Autopilot probe
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