California senator scrutinizing Tesla’s Full Self-Driving system

December 14, 2021

Tyson Fisher

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A California lawmaker is going after Tesla’s Full Self-Driving system, asking the state Department of Motor Vehicles to review the software.

On Dec. 7, California Transportation Committee Chairwoman Sen. Lena Gonzalez, sent a letter to California DMV Director Steve Gordon expressing concerns over Tesla’s Full Self-Driving system. The Department of Motor Vehicles is the state agency responsible for vehicle and driver safety.

Despite the name, Tesla’s Full Self-Driving system requires drivers’ attention at all times.

However, several viral videos show Tesla owners treating the vehicle like a Level 4 or 5 autonomous vehicle, which requires no human intervention. Some videos appear to show no one in the driver’s seat while the car is moving.

In her letter, Gonzalez mentioned the videos involving “serious driving errors” where the driver avoids a collision. Gonzalez urged Gordon to provide additional information about Tesla’s Full Self-Driving capabilities. Specifically, Gonzalez seeks answers to the following questions:

  • What is the department’s assessment of the Full Self-Driving beta trials?
  • Is there a danger to the public?
  • If the department finds the beta program unsafe, how does the DMV plan to address any potential concerns?

The California Department of Motor Vehicles told Land Line that it has received the letter and is reviewing it.

According to department regulations, an autonomous vehicle is any vehicle “with technology that meets the definition of Levels 3, 4 or 5 of the Society of Automotive Engineers and has the capability of performing the dynamic driving task without the active physical control or monitoring of a human operator.”

However, the department does not regulate Level 2 systems, which is the category the Full Self-Driving system falls under. Those vehicles are not considered autonomous. According to the department, those systems only enhance safety or provide driver assistance. However, they are not capable of operating the vehicle without the active physical control or monitoring of a human.

Technically, Tesla vehicles with Full Self-Driving software are not autonomous per California regulations, despite how owners may use the feature.

“If the capabilities of the feature change such that it meets the definition of an autonomous vehicle per California’s law and regulations, Tesla will need to operate under the appropriate regulatory authorization,” a DMV spokesperson told Land Line in an email. “Regardless of the level of vehicle autonomy, the DMV has reminded Tesla that clear and effective communication to the driver about the technology’s capabilities, limitations and intended use is necessary.”

The National Transportation Safety Board has investigated multiple fatal crashes involving a Tesla with its automated system engaged. In August, the National Highway Traffic Safety Administration opened an investigation into Tesla and its automation systems.

However, concerns over Tesla’s automation systems are not new. In February, a NTSB letter to NHTSA urged the federal government to create performance standards for collision avoidance systems. The letter was part of an Advanced Notice of Proposed Rulemaking issued by NHTSA to establish a framework for automated driving system safety.

In November 2020, the Owner-Operator Independent Drivers Association sent a letter to NHTSA expressing its concerns over Tesla’s Full Self-Driving system. In its letter, OOIDA pointed out that the majority of truck-involved crashes are caused by passenger vehicles. Consequently, misleading technology like Tesla’s autonomous system jeopardizes the safety of truckers and other motorists.

“Therefore, we are dismayed with the administration’s lack of oversight of automated driving technologies currently deployed on public roadways that jeopardize truckers’ safety,” OOIDA President Todd Spencer stated in the letter. “The use of unfinished and unproven automated technologies poses a significant threat to small-business truckers, and we urge you to take action to protect all road users and promote greater transparency and oversight of their development.” LL