Letter to Stephen Cliff, Administrator of the National Highway Traffic Safety Administration - Blumenthal & Markey Call for Swift NHTSA Investigative & Enforcement Action to Ensure AV Safety

Letter

Dear Administrator Cliff,

We are deeply troubled by data that the National Highway Traffic Safety Administration (NHTSA) released today revealing more than 500 crashes in vehicles equipped with advanced driver assistance systems (ADAS) and automated driving systems (ADS). We commend NHTSA for making this data public. Understanding the frequency and severity of crashes involving ADS and ADAS is the first step towards addressing the safety risks those systems pose. But publicizing the data alone is not enough. We urge NHTSA to use all its investigative and regulatory authorities to shed needed light on this out-of-control industry and impose guardrails to prevent more deadly crashes.

We have long voiced concerns about technologies without proven track records or proper safety features. In 2018, we wrote to automakers urging them to improve their safety practices, and more recently, we called on regulators--including NHTSA--to address the dangers posed by ADAS and ADS, especially Tesla's Autopilot and Full Self-Driving capabilities.1

The data that NHTSA released today demonstrates that we were right to be alarmed-- documenting 392 ADAS-involved crashes.2 Although these systems assist drivers with tasks such as steering and accelerating, as currently deployed, they still require drivers to be ready to take control of a vehicle. While we understand these technologies may bring significant mobility and safety benefits in the long term, we worry that some drivers today are using the technology as a convenience feature and are placing themselves and other road users in danger. Moreover, of the 392 reported crashes, a staggering 273 occurred in Tesla vehicles.3 This reaffirms the concerns we repeatedly raised and demonstrates the need for immediate action to ensure that all vehicles are, in fact, safe.

Publicizing this data is only a first step. NHTSA should couple this transparency with strong enforcement actions, as appropriate. We are encouraged by NHTSA's recent announcement that it will upgrade to an engineering analysis its preliminary investigation into instances in which Tesla vehicles using Autopilot crashed at first responder sites.4 We urge NHTSA to act expeditiously, using all its enforcement and regulatory tools to prevent the irresponsible deployment of dangerous and unproven technologies on our nation's roads. We look forward to continuing to work with you to ensure the safety of all those who use our nation's roads. and safety benefits in the long term, we worry that some drivers today are using the technology as a convenience feature and are placing themselves and other road users in danger. Moreover, of the 392 reported crashes, a staggering 273 occurred in Tesla vehicles.3 This reaffirms the concerns we repeatedly raised and demonstrates the need for immediate action to ensure that all vehicles are, in fact, safe. Publicizing this data is only a first step. NHTSA should couple this transparency with strong enforcement actions, as appropriate. We are encouraged by NHTSA's recent announcement that it will upgrade to an engineering analysis its preliminary investigation into instances in which Tesla vehicles using Autopilot crashed at first responder sites.4 We urge NHTSA to act expeditiously, using all its enforcement and regulatory tools to prevent the irresponsible deployment of dangerous and unproven technologies on our nation's roads.

We look forward to continuing to work with you to ensure the safety of all those who use our nation's roads.

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