Trump Admin May Kill Rule on Car Crash Reporting That Hurts Tesla

Miles Klee

13 December 2024 at 7:14 pm·3-min read

President-elect Donald Trump‘s transition team has recommended the elimination of a National Highway Traffic Safety Administration rule about collecting data from crashes of cars equipped with automated driving systems, according to a document reviewed by Reuters. It just so happens that Tesla — whose CEO, Elon Musk, spent roughly a quarter of a billion dollars to help elect Trump and down-ballot Republicans — reports far more of these accidents than other automakers.

Tesla’s so-called “Full Self-Driving” feature, along with a more limited system called “Autopilot,” are at the core of Musk’s long-standing promise to make human drivers obsolete with cars that can autonomously (and safely) drive themselves anywhere, in any conditions. To that end, he has also teased a two-seat “Cybercab” without a steering wheel. But the company keeps failing to deliver on Musk’s optimistic predictions of when it might produce a car with such capabilities, and the existing FSD and Autopilot software must be supervised by an actual person, as it remains prone to dangerous mistakes.

NHTSA has opened multiple investigations into the technology thanks to the information Tesla has been compelled to share with the regulator, including a probe launched two months ago to analyze whether FSD is reliable in fog, glaring sun, or other conditions of reduced roadway visibility. In one of the crashes that prompted this latest investigation, a pedestrian was struck and killed by a Tesla in Arizona. A previous NHTSA investigation concluded that FSD and Autopilot do not adequately ensure that drivers remain attentive. The results for the latest probe have not yet been made public.

A standing general order from the agency requires all automakers to report certain collisions of vehicles with advanced driver-assistance systems. Tesla’s FSD and Autopilot are classified as Level 2 Advanced Driver Assistance Systems, which means that crashes must be disclosed if these features were in use within 30 seconds of the crash and the accident “involved a vulnerable road user or resulted in a fatality, a vehicle tow-away, an air bag deployment, or any individual being transported to a hospital for medical treatment.” Through Oct. 15 of this year, Tesla has reported more than 1,500 crashes meeting these criteria. In a distant second is Honda, with more than 100 crashes. Tesla also accounts for 40 of the 45 fatal crashes reported to NHTSA under the rule.

Now, a part of the Trump transition staff assigned to automotive policy is seeking to end that data collection — calling it “excessive,” per Reuters’ report — which would sharply curtail the regulator’s efforts to assess the safety of Tesla’s products. It’s not clear whether Musk or the company directly influenced this recommendation, but Tesla is known to oppose the requirement, which produces data that runs counter to its claims about engineering “the safest cars in the world.” Musk, for his part, has reportedly yelled and screamed at NHTSA officials over their investigations into Tesla’s driver-assistance software, at one point even threatening to sue the agency.

Getting rid of NHTSA’s crash report requirement isn’t the only favor an incoming Trump administration could do for Tesla and the world’s richest man. The automaker is also currently the subject of a years-long Justice Department probe into how it has marketed FSD and Autopilot. If the DOJ finds that it deceived customers into believing the tech allowed vehicles to autonomously drive themselves, it could face charges of securities and wire fraud. Trump’s pick for attorney general, Pam Bondi, is a loyalist who could scuttle that inquiry. As Trump put it in his statement announcing Bondi’s appointment, she is set to “refocus” the DOJ, which “has been weaponized against me and other Republicans.”

And among all Republicans, Elon Musk appears poised to reap the greatest benefits from Trump’s return to power.

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