We remain concerned that NHTSA has taken no action to address the intent of Safety Recommendation H-17-38, which, if implemented following the Williston, Florida, crash, may have prevented the similar crash in Delray Beach, Florida, in 2019. Level 2 systems have limited operational design domains; however, manufacturers like Tesla continue to permit automated vehicle operations in operating conditions for which they were not designed or appropriate. Because of NHTSA’s inaction toward addressing this recommendation, the risk of future crashes remains heightened in challenging environments, such as nonlimited-access roadways, intersections with cross-path intrusions, and roadways with high bicycle and pedestrian traffic, to name a few. As NHTSA emphasized in its response to this recommendation, drivers are expected to remain fully engaged in the driving task when using a Level 2 system; however, if drivers’ use of a Level 2 system results in their prolonged disengagement from the driving task—as we have seen in four crashes that we have investigated—it cannot be stated that these systems are being used as intended. This unintended use indicates a fault with the system design, and not something that can be declared the driver’s sole responsibility. We urge you to reconsider your approach to Safety Recommendation H 17-38, which remains classified OPEN-- UNACCEPTABLE RESPONSE.
https://data.ntsb.gov/carol-main-public/sr-details/H-17-038
We remain concerned that NHTSA has taken no action to address the intent of Safety Recommendation H-17-38, which, if implemented following the Williston, Florida, crash, may have prevented the similar crash in Delray Beach, Florida, in 2019. Level 2 systems have limited operational design domains; however, manufacturers like Tesla continue to permit automated vehicle operations in operating conditions for which they were not designed or appropriate. Because of NHTSA’s inaction toward addressing this recommendation, the risk of future crashes remains heightened in challenging environments, such as nonlimited-access roadways, intersections with cross-path intrusions, and roadways with high bicycle and pedestrian traffic, to name a few. As NHTSA emphasized in its response to this recommendation, drivers are expected to remain fully engaged in the driving task when using a Level 2 system; however, if drivers’ use of a Level 2 system results in their prolonged disengagement from the driving task—as we have seen in four crashes that we have investigated—it cannot be stated that these systems are being used as intended. This unintended use indicates a fault with the system design, and not something that can be declared the driver’s sole responsibility. We urge you to reconsider your approach to Safety Recommendation H 17-38, which remains classified OPEN-- UNACCEPTABLE RESPONSE.