NHTSA opens safety probe into 416,000 Teslas for 'phantom braking'

WASHINGTON — U.S. auto safety regulators have opened an investigation to assess potential safety issues in certain Tesla Inc. vehicles after reports alleging "phantom braking."

NHTSA's Office of Defects Investigation said it has received 354 complaints in the past nine months for unexpected brake activation.

The safety probe covers an estimated 416,000 Tesla Model 3 and Model Y vehicles from the 2021-22 model years that are equipped with the electric vehicle maker's advanced driver-assistance system, Autopilot.

The complaints allege that while using Autopilot's features, such as adaptive cruise control, "the vehicle unexpectedly applies its brakes while driving at highway speeds," according to the agency's report.

"Complainants report that the rapid deceleration can occur without warning, at random and often repeatedly in a single drive cycle," the report reads.

A Washington Post report this month said NHTSA had received more than 100 reports of phantom braking in three months.

Owners say they have raised concerns with Tesla, which has dismissed the complaints, saying the braking is normal.

The owner of a 2021 Model Y told NHTSA in October that while they were driving on a highway, "the car braked hard and decelerated from 80 mph to 69 mph in less than a second. The braking was so violent, my head snapped forward and I almost lost control of the car."

Tesla, which disbanded its media relations department, did not respond to a request for comment.

Jonathan Adkins, executive director of the Governors Highway Safety Association, the group that represents state highway safety agencies, said on Twitter, "Another day, another issue with Tesla. Good to see NHTSA being more active in [reining] this company in."

The latest investigation into Tesla vehicles comes as the EV maker faces greater regulatory scrutiny. It also follows a series of recalls by the automaker and two other safety probes by the agency.

Those include an open investigation into an estimated 580,000 Model 3, Model S, Model X and Model Y vehicles from the 2017 to 2022 model years that are equipped with "Passenger Play," which initially allowed games to be played on the center touch screen while the vehicle was being driven.

NHTSA in August also opened an investigation into Tesla's Autopilot system after a series of crashes involving its models and emergency vehicles. The ongoing probe covers an estimated 765,000 Teslas from the 2014 to 2021 model years. Most of the crashes occurred after dark and in total resulted in 17 injuries and one death.

Most NHTSA investigations start as preliminary evaluations, in which agency engineers request information from the manufacturer, including data on complaints, injuries and warranty claims.

The manufacturer can also present its view regarding the alleged defect and may issue a recall.

After the evaluation, NHTSA will either close the investigation or move into the next phase. If a safety-related defect exists, according to NHTSA, the agency may send a "recall request" letter to the manufacturer.

Musk vs. Biden

Tesla CEO Elon Musk has repeatedly clashed with federal regulators and the Biden administration. On Saturday, Musk called NHTSA the “fun police” in a tweet after being asked by a Twitter follower why the EV maker issued a recall this month for its “Boombox” feature, which allows sounds to be played through an external speaker while the vehicle is in motion.

The chief executive also has criticized President Joe Biden for not including Tesla in critical conversations regarding EVs and instead praising General Motors and Ford, which have sold fewer electric models.

In remarks this month, Biden referred to Tesla as the “nation’s largest electric vehicle manufacturer.”

Reuters contributed to this report.