Summary: A number of years ago, several manufacturers began talking about the development of driverless cars, or what we now know as autonomous vehicles. Many projections were made as to when autonomous vehicles would be available to the public, how safe the vehicles would be, how they would significantly reduce auto accidents and fatalities, and other benefits. While there were predictions of fully autonomous vehicles being available by 2020, that has not occurred and it appears that fully autonomous vehicles are still a long way off.

Tesla's Autopilot

The road to autonomous driving is proving hazardous, and Tesla vehicles are often involved. There have been two accidents involving Tesla vehicles striking tractor-trailers crossing the road with one involving the vehicle hitting a concrete barrier; all resulted in fatalities. Neither the driver nor the Autopilot feature noticed or reacted in time to the hazard in the way.

Since 2018 there have been eleven accidents with the vehicles in Autopilot mode involved in accidents with emergency vehicles and the Tesla struck one or more of the vehicles at the scene. A total of seventeen people have been injured; in one accident the driver died. The Tesla vehicle was behind another car when that car changed lanes; when it did so, the Tesla struck a stopped emergency vehicle. In each of these accidents, the vehicle was in Autopilot mode or traffic-aware cruise control, and the scenes involved control measures such as first responder lights, road cones and an illuminated arrow board, things these vehicle features should have been able to notice and respond to.

U.S. DOT and NHTSA Investigations

Because of these particular accidents, the U.S. Department of Transportation (DOT) has opened an investigation into the Tesla vehicle features. Likewise, the National Highway Transportation Safety Administration (NHTSA) has opened an Autopilot investigation into 765,000 Teslas from 2014-2021 for models Y, S, X and 3. The investigation will include how Tesla ensures that drivers are paying attention to the road. While the owner's manual states that drivers are to pay attention at all times, the vehicle will operate with drivers only occasionally tapping the steering wheel. There are anecdotal stories of drivers rigging the wheel so that they can drive completely hands-free, and videos of drivers leaving the driver's seat while the vehicle was in motion.

NHTSA has also sent a letter to Tesla addressing the distribution of improved ability to detect emergency vehicles and the release of the Full Self-Driving Beta Request Menu option. NHTSA reminds Tesla that manufacturers are required to initiate a recall by notifying NHTSA when they determine vehicles or equipment they produce contain defects related to safety or do not comply with an applicable motor vehicle safety standard. The notice is to be filed within five working days of the company's knowledge of the defect or noncompliance. The letter states that, "any manufacturer issuing an over-the-air update that mitigates a defect that poses an unreasonable risk to motor vehicle safety is required to timely file an accompanying recall notice to NHTSA …".