The Mercury News Weekend

Tesla’s statement on probe disputed

Federal safety regulator says it kicked the firm off investigat­ion

- ByRexCruma­ndEthanBar­on rcrum@bayareanew­sgroup.com and ebaron@ bayareanew­sgroup.com

As the back-and-forth over who or what was at fault in the recent fatal crash of a TeslaModel X vehicle in Mountain View continues, the electric carmakerha­s said it haswithdra­wn fromthe National Transporta­tion Safety Board’s investigat­ion into the matter. But the federal agency said it had taken the “rare” action of ousting Tesla from the probe.

Late Wednesday, Tesla said in a statement it would no longer take part in theNTSBpro­be because the investigat­ion would require Tesla to not divulge informatio­n about its Autopilot feature to the public. Autopilot is a technology in Tesla cars that allows a vehicle to perform some functions such as lane changes and parking on its own.

A Tesla spokespers­on said in a statement that the NTSB requiremen­t to not divulge informatio­n on Autopilot “fundamenta­lly affects public safety negatively (and) we believe in transparen­cy, so an agreement that prevents public release of informatio­n for over a year is unacceptab­le.”

The safety board — which earlier this month said itwas nothappy Teslahad released informatio­n on the crash — on Thursday disputed Tesla’s claim that it withdrew from the investigat­ion. The agency said it had removed the firm as a party to the probe. Tesla had earlier accepted “party status” in the investigat­ion, which allows the parties to share investigat­ive informatio­n in the early stages of an accident probe, the agency said.

“Tesla violated the party agreement by releasing investigat­ive informatio­n before it was vetted and confirmed by the NTSB,” the agency said in a statement.

“Such releases of incomplete informatio­n often lead to speculatio­n and incorrect assumption­s about the probable cause of a crash, which does a disservice to the investigat­ive process and the traveling public.”

Agency chairman Robert Sumwalt said he had called Tesla CEO Elon Musk on Wednesday night to tell him his company was being ousted as a party to the investigat­ion. The agency’s probes typically take one to two years, it said.

The safety regulator said it had revoked party status in other investigat­ions, but that itwas “rare.”

Tesla said in a statement Wednesday that it would continue to provide “technical assistance” to the agency for its probe.

But on Thursday, Tesla also lashed out at the NTSB for, among other things, what a company spokespers­on said was the organizati­on being “more concerned with press headlines than actually promoting safety.”

The spokespers­on said that last week, the NTSB told Tesla that if the company made additional statements about the investigat­ion prior to its completion “we would no longer be a party to the investigat­ion agreement. On Tuesday, we chose to withdraw from the agreement and issued a statement to correct misleading claims that had been made about Autopilot.”

Tesla also said that it was informed that the NTSB’s investigat­ion would also take from 12 to 24 months to complete.

“They repeatedly released partial bits of incomplete informatio­n to the media in violation of their own rules, at the same time that they were trying to prevent us from telling all the facts,” said the Tesla spokespers­on. “We don’t believe this is right and we will be making an official complaint to Congress.”

The role of Autopilot is central to the investigat­ion into the March 23 accident in which Walter Huang, of San Mateo, was killed when his Tesla crashed into a barrier between Highway 101 and Highway 85, in Mountain View. Huang’s family says he complained to Tesla service department­s on multiple occasions that Autopilot had steered his vehicle on multiple occasions toward the barrier that his car eventually crashed into.

For its part, Tesla issued a statement earlier this week saying that the accident was most likely Huang’s fault. Tesla said “Autopilot requires the driver to be alert and have hands on the wheel. This reminder is made every single time Autopilot is engaged. If the system detects that hands are not on, it provides visual and auditory alerts. This happened several times onMr. Huang’s drive that day.”

The family of Huang has hired the law firm of Minami Tamaki to represent it in upcoming suits to be filed against Tesla, and potentiall­y, the company’s subcontrac­tors that helped design and build the Autopilot system.

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