NHTSA Looking Into Tesla Vehicles Over 'Phantom Braking'

Matt Posky
by Matt Posky

The National Highway Traffic Safety Administration (NHTSA) has announced it is investigating 416,000 Tesla vehicles after receiving 354 individual complaints of unexpected braking.

America’s largest purveyor of all-electric vehicles was forced to cancel its push of version 10.3 of its Full Self-Driving (FSD) beta software last fall after receiving reports that it was creating problems for some users. Drivers were complaining that the update had created instances of phantom braking after the vehicle issued false collision warnings. However, things only seemed to get worse as complaints to the NHTSA grew more frequent after bumping FSD back to an earlier version.

It’s not clear if the deluge of reports that occurred between November and today were the result of Tesla mucking up the software fix or if attention from the media simply encouraged people to file more complaints with the agency.

I’ll be the first person to say that FSD (and most other advanced driving aids) are kind of a scam. Tesla may be the worst offender due to its legitimately irresponsible marketing language, especially the part about “Full Self Driving.” But I’ve been in Chevrolet Equinoxes where the car suddenly decides it needs to stomp on the brakes to avoid colliding with an obstacle that’s still 40 yards ahead. Vehicles manufactured by other brands have offered similar difficulties, especially when inclement weather some into play. So, whatever your thoughts and feelings happen to be about advanced driving aids, the bar for excellence remains low.

The NHTSA also seems to have developed a fixation with Tesla which leaves me kind of torn. On the one hand, I feel like the regulator favors legacy manufacturers with longer — let’s say — working relationships with relevant government personalities. Over the last few months, the automaker has been subjected to recalls and investigations pertaining to faulty defrosters, bad trunk latches, custom horn tones, rolling stops, and smacking into parked emergency vehicles. But Tesla is also beta testing on customers that paid extra for a feature that has habitually failed to live up to its name and just keeps getting more expensive — making sympathetic feelings harder to drum up.

Documentation shows that the NHTSA will be examining 2021-2022 MY Tesla Model 3 and Model Y vehicles. The agency summarized the complaints by saying issues typically take place while drivers are utilizing advanced driving aids, including adaptive cruise control, when the vehicle “unexpectedly applies its brakes while driving at highway speeds.”

“Complainants report that the rapid deceleration can occur without warning, at random, and often repeatedly in a single drive cycle,” the agency explained.

While this is not a recall, the preliminary investigation is the first step the NHTSA takes before issuing one. This usually hinges on the number of reports, whether or not the regulator can replicate the issue, and the level of risk it presents. For now, there don’t appear to be any injuries or even crashes associated with the apparent defect.

There’s been a lot of speculation as to what’s causing phantom braking. But the most popular theory is linked to the company’s decision to remove radar from newer models. While presumably a cost-cutting measure, Tesla CEO Elon Musk insisted that its vehicles could perform just as well without them by leaning on the exterior camera array.

[Image: Virrage Images/Shutterstock]

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • GMat GMat on Feb 19, 2022

    Recent article "To see Germany’s future, look at its cars” | The Economist. Guess they’re on fire

  • Joebaldheadedgranny Joebaldheadedgranny on Feb 23, 2022

    I wonder why Tesla is being singled out here? My wife's Acura occasionally behaves oddly when in ACC mode, presumably because the Mobileye cameras detect a threat or pattern that makes it hesitate. A bit irritating. NHTSA has declared war on Tesla for political reasons, this will show up as another issue two months from now.

  • Honda1 Unions were needed back in the early days, not needed know. There are plenty of rules and regulations and government agencies that keep companies in line. It's just a money grad and nothing more. Fain is a punk!
  • 1995 SC If the necessary number of employees vote to unionize then yes, they should be unionized. That's how it works.
  • Sobhuza Trooper That Dave Thomas fella sounds like the kind of twit who is oh-so-quick to tell us how easy and fun the bus is for any and all of your personal transportation needs. The time to get to and from the bus stop is never a concern. The time waiting for the bus is never a concern. The time waiting for a connection (if there is one) is never a concern. The weather is never a concern. Whatever you might be carrying or intend to purchase is never a concern. Nope, Boo Cars! Yeah Buses! Buses rule!Needless to say, these twits don't actual take the damn bus.
  • MaintenanceCosts Nobody here seems to acknowledge that there are multiple use cases for cars.Some people spend all their time driving all over the country and need every mile and minute of time savings. ICE cars are better for them right now.Some people only drive locally and fly when they travel. For them, there's probably a range number that works, and they don't really need more. For the uses for which we use our EV, that would be around 150 miles. The other thing about a low range requirement is it can make 120V charging viable. If you don't drive more than an average of about 40 miles/day, you can probably get enough electrons through a wall outlet. We spent over two years charging our Bolt only through 120V, while our house was getting rebuilt, and never had an issue.Those are extremes. There are all sorts of use cases in between, which probably represent the majority of drivers. For some users, what's needed is more range. But I think for most users, what's needed is better charging. Retrofit apartment garages like Tim's with 240V outlets at every spot. Install more L3 chargers in supermarket parking lots and alongside gas stations. Make chargers that work like Tesla Superchargers as ubiquitous as gas stations, and EV charging will not be an issue for most users.
  • MaintenanceCosts I don't have an opinion on whether any one plant unionizing is the right answer, but the employees sure need to have the right to organize. Unions or the credible threat of unionization are the only thing, history has proven, that can keep employers honest. Without it, we've seen over and over, the employers have complete power over the workers and feel free to exploit the workers however they see fit. (And don't tell me "oh, the workers can just leave" - in an oligopolistic industry, working conditions quickly converge, and there's not another employer right around the corner.)
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