NTSB comes down hard on Tesla, Driver Monitoring, AEB

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Yesterday's NTSB hearings contained much stronger criticism of Tesla Autopilot than ever before. In particular the NTSB made recommendations:

  • To Tesla: Improve emergency braking to detect more stationary objects
  • To Tesla: Improve driver monitoring to prevent driver distraction
  • To Tesla: Don't permit Autopilot to be used on unapproved roads
  • To Apple/Google: Lock phones while driving to forbid distracting apps
  • To NHTSA: Start making regulations to force the above

You can read my analysis of their findings in my new Forbes article at NTSB Report On Tesla Autopilot Fatality Comes Down Hard On Tesla, Driver Monitoring And Distraction

Comments

Get rid of NTSB.

Remember, the NTSB does not have regulatory power. It just investigates, and makes recommendations. Of course, if you ignore the recommendations, and it causes pain, that may come back to haunt you.

The fact that it doesn't even have regulatory power is one of the reasons we should get rid of it.

Why should taxpayers have to pay for some federal agency to make bad recommendations that aren't going to be followed?

This sort of us stuff should be handled by tort law.

And they are well known as a major resource, particularly in aviation accidents.

I do agree they are a bit wasteful on these car crashes, spending a lot of time on things that are not the reason they investigated. I am not sure why they do it.

I'll settle for getting rid of their jurisdiction over individually-owned vehicles.

I'd probably support holding Tesla partially liable in tort for some this particular crash. But the NTSB finding goes way too far (and it comes on the heels of a finding in the Uber case that was way too soft). The odor of bias is strong. Hopefully Elon Musk stayed on Trump's good side in their recent meeting (Trump's tweets suggest he did), and this will wind up being just empty words from the NTSB.

They have little jurisdictional power. They have a bully pulpit. They can't make Tesla do anything. It is possible in a lawsuit over this in the future that somebody will argue, "Telsa, you knew this was bad, why didn't you fix it?"

https://www.law.cornell.edu/cfr/text/49/831.30

Remember, the NTSB does not have regulatory power. It just investigates, and makes recommendations. Of course, if you ignore the recommendations, and it causes pain, that may come back to haunt you.

Accident happened early 2018. What took so long? Most facts were known in the first month. Tesla has updated autopilot at least ten times since the accident. Autopilot is useful on smaller roads; it keeps you centered in your lane.

I guess the main answer is, they are a government agency and not in a hurry. And they do investigate a bunch of stuff, in the desire for completeness that is unlikely to tell them anything and which is not relevant to the reason they decided to investigate this particular accident. Like an analysis on the emergency responders.

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