Tesla faces NHTSA investigation of ‘Full Self-Driving’ after fatal collision
A Tesla Model 3 vehicle warns the driver to keep their hands on the wheel and be prepared to take over at anytime while driving using FSD (Full Self-Driving) in Encinitas, California, U.S., October 18, 2023.
Mike Blake | Reuters
Tesla faces a new investigation by the National Highway Traffic Safety Administration, or NHTSA, concerning issues with its “Full Self-Driving” systems, and whether they are safe to use in fog, glaring sun or other “reduced roadway visibility conditions.”
The probe follows an incident in which a Tesla driver who had been using FSD, struck and killed a pedestrian, and other FSD-involved collisions during reduced roadway visibility conditions.
Records posted to the NHTSA website on Friday morning said the purpose of the new probe would be to assess:
“The ability of FSD’s engineering controls to detect and respond appropriately to reduced roadway visibility conditions; whether any other similar FSD crashes have occurred in reduced roadway visibility conditions and, if so, the contributing circumstances for those crashes,” among other things.
The agency will also look into Tesla’s over-the-air, software updates to its FSD systems, which are now marketed as “Full Self-Driving (Supervised),” to understand the “timing, purpose, and capabilities of any such updates, as well as Tesla’s assessment of their safety impact.”
The “preliminary evaluation” by the NHTSA pertains to a vehicle population of around 2.4 million Tesla EVs on U.S. roads including: Model S and X vehicles produced from 2016 to 2024, Model 3 vehicles produced from 2017 to 2024, Model Y vehicles produced from 2020 to 2024, and Cybertruck vehicles produced this year and last, which give drivers the option to use Tesla’s FSD.
FSD, which the company now refers to as a “partial driving automation system,” is Tesla’s paid, premium driver assistance option. But Tesla has offered it to all drivers for a monthlong free trial in the U.S., previously.
The U.S. federal vehicle safety regulator tracks collisions involving the use of automakers’ advanced driver assistance systems, like Tesla’s Autopilot or FSD. As of Oct. 1, 2024, the NHTSA had tracked 1,399 incidents in which Tesla’s driver assistance systems were engaged within 30 seconds of the collision, and 31 of those had resulted in fatalities.
Tesla did not immediately respond to a request for comment.
The company recently held a marketing event in which CEO Elon Musk said Tesla expects to have “unsupervised FSD” up and running in Texas and California next year in the company’s Model 3 and Model Y electric vehicles.
Musk has promised driverless vehicles for years. But Tesla has not yet produced or shown a vehicle that is safe to use on public roads without a human at the wheel, ready to steer or brake at any time.
An electric air taxi by Joby Aviation flies near the Downtown Manhattan Heliport in Manhattan, New York City, U.S., November 12, 2023.
Roselle Chen | Reuters
Air taxi maker Joby Aviation in a new lawsuit accused competitor Archer Aviation of using stolen information by a former employee to “one-up” a partnership deal with a real estate developer.
“This is corporate espionage, planned and premeditated,” Joby said in the lawsuit filed Wednesday in a California Superior Court in Santa Cruz, where the company is based.
Archer and Joby did not immediately respond to CNBC’s request for comment.
The lawsuit alleges that former U.S. state and local policy lead, George Kivork, downloaded dozens of files and sent some content to his personal email two days before he resigned in July to take a job at Archer, which had recruited him.
By August, Joby said a partner that worked with Kivork said it had been approached by Archer with a “more lucrative deal.” Joby alleges that the eVTOL rival’s understanding of “highly confidential” details helped it leverage negotiations.
Joby also said the developer attempted to terminate the agreement, citing a breach of confidentiality.
Kivork refused to return the files when Joby approached him after conducting an investigation, according to the suit. The company also said Archer denied wrongdoing, and would not disclose how it learned about the terms of the agreement or provide results from an internal investigation it allegedly undertook.
The lawsuit comes during a busy period for electric vertical takeoff and landing (eVTOL) technology as companies race to gain Federal Aviation Administration certification to start flying commercially. ‘
The sector has also benefitted from President Donald Trump‘s newly minted eVTOL pilot program.
Joby argued in the complaint that it’s “imperative” to protect Joby’s work “from this type of espionage” to promote the sector’s success and ensure fair competition.
Last week, Joby said it completed its first test flight for a hybrid aircraft it’s working on with defense contractor L3Harris. This month, Amazon-backed Beta Technologies, another electric flight company, also went public on the New York Stock Exchange.
Joby shares have more than doubled over the last year, while Archer is up about 68%.
In August 2023, Archer settled a previous legal dispute with Boeing-owned Wisk Aero over the alleged theft of trade secrets. As part of the deal, Archer agreed to use Wisk as its autonomous tech partner.
A hearing is scheduled for March 20, 2026.
Joby and Archer year-to-date stock chart.
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