Electric vehicle company Tesla is facing yet another government investigation into public statements made regarding its driver assistance technology.
Tesla is reportedly facing a criminal probe in the US over claims it makes about its driver asistance technology.
News outlet Reuters has reported the US Department of Justice launched a criminal investigation into Tesla in 2021 following more than a dozen motor vehicle accidents – in which drivers are suspected to have placed an over-reliance on Tesla’s driver assistance technology because the names of the systems exaggerate their true capabilities and ignore their limitations.
The electric car company advertises three products as ‘Autopilot’, ‘Enhanced Autopilot’, and ‘Full Self-Driving Capability’, with some statements by the company and its CEO Elon Musk allegedly suggesting there is minimal or, in some cases, no involvement required by the driver when the technology is enabled.
Offered as a standard feature on all new Tesla models, Autopilot bundles radar cruise control and lane-keep assist – allowing the vehicle to maintain its position in a lane while matching the speed to the vehicle ahead, without steering or pedal inputs, for short periods of time on relatively straight, well-marked stretches of road.
Both of these technologies are becoming commonplace on new cars and are not exclusive to Tesla vehicles. However, Tesla uses more emphatic language than other car makers, who describe their technology as driver assistance systems.
Tesla’s Enhanced Autopilot provides the ability to add navigation to the mix, with the car potentially able to change lanes and take freeway exits and on-ramps – as well as automatic parking or summoning the vehicle from a tight space and delivering it to you (as a pedestrian) in a car park.
While Full Self-Driving Capability is available to the public in some jurisdictions, Tesla states the software is still in ‘beta’ testing, but claims it can navigate through urban environments while identifying traffic lights and stop signs.
“Autopilot, Enhanced Autopilot and Full Self-Driving Capability are intended for use with a fully attentive driver, who has their hands on the wheel and is prepared to take over at any moment,” the company says in a written statement on its Australian website.
“While these features are designed to become more capable over time, the currently enabled features do not make the vehicle autonomous.”
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Despite this and other similar disclaimers, Reuters reported a video on Tesla’s US website includes the claim that “the person in the driver’s seat is only there for legal reasons. He is not doing anything. The car is driving itself”.
Tesla’s website states: “Full autonomy will be dependent on achieving reliability far in excess of human drivers as demonstrated by billions of miles of experience, as well as regulatory approval, which may take longer in some jurisdictions.”
However, in 2016, Mr Musk described Autopilot as being “probably better” than a human driver.
The Reuters report claims the Department of Justice is examining whether Tesla misled customers and stakeholders regarding the capability of its driver assistance technologies.
In July 2020, a German court banned Tesla from referring to its product as ‘Autopilot’ in that country, finding the name misled customers.
“Using the term ‘Autopilot’ and other phrases suggest the cars were technically able to drive completely autonomously,” the court said in a statement at the time.
“Additionally, it is claimed that would be legal in Germany, which isn’t the case.”
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In July 2022, the California Department of Motor Vehicles accused Tesla of falsely advertising Autopilot and Full Self-Driving Capability, with the carmaker seeking a hearing to defend the allegations.
Last month, a Tesla owner in the US launched legal action against the carmaker alleging he was misled about when autonomous driving technology would be ready.
The latest Department of Justice case is separate from a current investigation by the US National Highway Traffic Safety Administration regarding the involvement of Autopilot in 16 accidents – one of which resulted in a death – while the government agency is understood to be investigating two fatal motorcycle crashes allegedly involving Autopilot.
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