Tesla Software Recall May Head Off Fight with U.S. Regulators | December 2021
December 2021 | Volume 13, Issue 5
Watch the video and read the full article from ABC News.
According to the article, Tesla has issued a recall that automatically sent a software update fixing a safety problem in its electric vehicles, apparently heading off a looming confrontation with U.S. safety regulators.
But recall documents recently posted on the National Highway Traffic Safety Administration website do not address another safety issue specified by the agency when it demanded that Tesla explain why it was not doing recalls for safety-related software updates done over the internet.
The recall covers nearly 12,000 Teslas with a glitch in the “Full Self-Driving” software that can make the cars stop for no good reason. The company's paperwork says the problems with automatic emergency braking can increase the risk of other vehicles hitting Teslas from behind.
A public recall allows owners to ensure repairs are done and that people buying cars know of potential safety problems. It also allows the NHTSA to make sure the recall addresses the safety issue. The agency can fine automakers if they do not issue recalls quickly enough or if they do not fix all the problems.
The recall covers all four Tesla models — the S, X, 3 and Y. Tesla documents say a software update sent on October 23 introduced the glitch.
Company documents say Tesla started getting reports from owners the next day about phantom braking. In a matter of hours, the company says it canceled further updates or reverted the software to a previous version. That disabled emergency braking on some of the vehicles.
On October 24, the company traced the cause to a communication disconnect between two computer chips. It developed another software update to fix the problem and sent it out on October 25, according to the documents. The company said it voluntarily agreed to do a recall on October 26.
The move appears to show that Tesla now will issue a recall when it pushes out software updates to fix safety issues. It also sets a precedent for other automakers that they do the same.
On October 12, regulators sent a letter to Tesla demanding to know why the company didn't recall its vehicles when it sent a software update to fix a problem with its Autopilot partially automated driving system. The update addressed the detection of emergency vehicles parked on roads while crews responded to crashes.
The NHTSA opened an investigation of Autopilot in August after getting reports of a dozen crashes into emergency vehicles. The investigation covers 765,000 vehicles, almost everything that Tesla has sold in the U.S. since the start of the 2014 model year. Of the dozen crashes that are part of the probe, 17 people were injured and one was killed.
The agency said conversations with Tesla continue “to ensure that any safety defect is promptly acknowledged and addressed according to the National Traffic and Motor Vehicle Safety Act.” The statement didn’t say if Tesla responded to the agency’s questions on the Autopilot software update.
Messages were left early Tuesday seeking comment from Tesla.
Tesla did a software update in late September that was intended to improve the detection of emergency vehicle lights in low-light conditions. The safety agency says Tesla is aware that federal law requires automakers to do a recall if they find out that vehicles have safety defects.
Tesla says that Autopilot and “Full Self-Driving” are driver-assistance systems and cannot drive themselves, despite their names. The automaker says drivers must be ready to intervene at any time.
Selected Tesla drivers have been “beta testing” the “Full Self-Driving” software on public roads. The NHTSA also has asked the company for information about the testing, including a requirement that testers do not disclose information.
Discussion Questions
- What is a product recall?
A product recall, instigated at the request of the manufacturer or the federal government, seeks to take the product off the market due to a product defect and the product’s concomitant likelihood to cause harm to consumers. - Discuss the difference between a voluntary recall and an involuntary recall.
A voluntary recall is instigated at the request of the product manufacturer, while an involuntary recall is instigated at the request of the federal government via one of its administrative agencies. - Why would a company choose to issue a voluntary recall?
There are several reasons a company would choose to issue a voluntary recall, including:
a. The desire to keep consumers safe;
b. The desire to preempt a government-initiated involuntary recall;
c. The desire to limit liability; and
The desire to do “damage” control in terms of the negative publicity associated with a defective product.