Tesla Autopilot probe escalates as US agency demands data

Tesla Inc. is facing increased federal scrutiny of Autopilot, with the top U.S. auto-safety regulator seeking data that will help determine whether the company’s biggest-ever recall made its driver-assistance system safer.

In a letter posted on its website Tuesday, the National Highway Traffic Safety Administration presses Tesla on how much mileage consumers are racking up using Autopilot, and on how many times drivers are being warned to put their hands on the wheel. The agency also will review how the company decided on a policy to suspend drivers from using Autopilot for a week after accumulating “strikes” for inattention.

The information request fleshes out the nature of a recall query NHTSA opened last month after 20 more crashes occurred in vehicles Tesla tried to fix with an over-the-air software update in December. The company agreed to recall more than 2 million cars that month after the agency found that Autopilot’s controls and warnings were insufficient for a system that requires constant driver supervision.

“Tesla’s weak driver-engagement system was not appropriate for Autopilot’s permissive operating capabilities,” NHTSA said in a filing last month. “This mismatch resulted in a critical safety gap between drivers’ expectations” and Autopilot’s “true capabilities.”

This gap between expectations and reality “led to foreseeable misuse and avoidable crashes,” NHTSA added. The agency found 211 incidents in which Teslas crashed on Autopilot, despite there being adequate time for drivers to avoid or mitigate collisions. In 111 cases, drivers went off roadways after inadvertently disengaging the system.

Tesla shares fell as much as 3.6% on Tuesday and have declined 28% this year.

NHTSA’s pointed criticisms of Autopilot contrast with Elon Musk’s increasingly frequent claims that Tesla is far ahead of other companies working on autonomous vehicles. The chief executive officer has been putting more emphasis on Autopilot and higher-level functionality that Tesla calls Full Self-Driving, or FSD, as the company’s vehicle sales have slumped.

While FSD is being developed to handle city streets, it’s a driver-assist system that doesn’t make Teslas autonomous.

Tesla didn’t respond to a request for comment on NHTSA’s letter. If the company fails to promptly and fully respond — the agency set a July 1 deadline — Tesla faces penalties of as much as $27,168 per violation per day, with a maximum fine of more than $135 million, according to the letter.

NHTSA’s latest examination of Autopilot dates back to August 2021, when the agency opened a defect probe precipitated by Teslas crashing into first-responder vehicles. The regulator also has opened more than 50 special crash investigations suspected to be linked to Autopilot, with the number of new probes picking up under the Biden administration.

Regulators scrutinizing Tesla’s driving systems go beyond NHTSA. The company disclosed in January 2023 that it had received requests for documents from the Justice Department related to Autopilot. Bloomberg also reported that month that the Securities and Exchange Commission was investigating Musk’s role in shaping Tesla’s self-driving claims.