back to article Tesla that killed motorcyclist was in Full Self-Driving mode

Washington State Patrol investigators have found that the Tesla involved in the death of a motorcyclist on Friday, April 19, 2024 was operating in Full Self-Driving (FSD) mode. According to state patrol communications director Chris Loftis, the case is still being actively investigated. "But our criminal investigative …

  1. corestore

    Not entirely true

    "Despite wishful-thinking terminology like "Full-Self Driving" and "Autopilot," any such system presently active in commercially available vehicles on US roads is intended to assist a human driver."

    Mercedes has a system which is SAE level 3 under certain limited circumstances: https://www.theverge.com/2023/9/27/23892154/mercedes-benz-drive-pilot-autonomous-level-3-test

    1. Anonymous Coward
      Anonymous Coward

      Re: Not entirely true

      The Mercedes offering is to assist the driver in traffic jams. It is far from the Musk marketing hype.

      1. Yet Another Anonymous coward Silver badge

        Re: Not entirely true

        The BMW and Audi allow the driver to run down bikers themselves.

        They're all about the driving experience !

        1. Dagg Silver badge

          Re: Not entirely true

          Except for BMW cars when the biker is riding a BMW bike, they include an IFF system.

          1. werdsmith Silver badge

            Re: Not entirely true

            Must apply to Audis and Ducatis too then.

            1. sev.monster Silver badge

              Re: Not entirely true

              Mustangs too, but only if an internal camera detects the driver is 23 years old or younger.

              1. StudeJeff

                Re: Not entirely true

                Ahh... so that explains why my Mustang has been so well behaved... I haven't been 23 for several decades.

                1. CrazyOldCatMan Silver badge

                  Re: Not entirely true

                  I haven't been 23 for several decades.

                  Only *several* decades?

                  Yoof.

                  (I realised at the weekend that I'd had a full car license for 42 years. My youthful self is sneering at me now and calling me old..)

          2. Anonymous Coward
            Anonymous Coward

            Re: Not entirely true

            "they include an IFF system."

            Identify Fellow Fucktard?

            1. VicMortimer Silver badge

              Re: Not entirely true

              BMW riders are NOT the same as BMW drivers.

              We fucking signal.

              (And we're the people who know rain and 35F/2C is nice riding weather.)

              1. seven of five

                Re: Not entirely true

                > (And we're the people who know rain and 35F/2C is nice riding weather.)

                Granted. But you're also the people who don't know 350kg are more than two Motorcycles should weigh :P

      2. corestore

        Re: Not entirely true

        I said nothing about the Musk marketing hype! And it goes beyond 'offering to assist' - it's offering to 'completely take over' responsibility for driving the car.

        But in the real world, yes, level 3 automation (computer drives car, unsupervised) does exist in certain limited circumstances, and Mercedes and others will be working to expand those circumstances and range of speeds it works at etc.

        I have serious doubts whether Tesla will ever get to level 3 (at least with existing vehicles) because of some of the hardware decisions they've made.

        1. Lee D Silver badge

          Re: Not entirely true

          And - absolutely regardless of anything the car or manufacturer claims it can do - the driver is still responsible unless it explicitly says otherwise in the local law.

          Pretending that just because Mercedes/Tesla/BMW/Ford/whoever says it's autonomous makes it fine to just "not drive" when in control of a vehicle is a nonsense that feeds into Musk's rhetoric.

          Until the law clearly says that you cannot be held liable, that death is on you as a driver.

          1. Anonymous Coward
            Anonymous Coward

            Re: Not entirely true

            Are you a lawyer?

            Because that strikes me as an interesting take, but not a legal one.

            The law is sometimes pretty ambiguous, and this is one of those cases. If you're sitting in a car with a system that's been advertised as capable of driving itself with no driver attention required, you may very well legally NOT be a "driver" at all, and therefore not liable for any accident. The car manufacturer would assume liability in that case, whether they wanted to or not.

            Like most questions of law, the real answer is "it depends" - and your absolutist take is unhelpful. Given how rarely the law "clearly" says anything, your assertion is unlikely to ever be valid.

            1. katrinab Silver badge
              Megaphone

              Re: Not entirely true

              "unless it explicitly says otherwise in the local law"

              covers your point.

            2. StudeJeff

              Re: Not entirely true

              I'm not a lawyer, and I don't play one on TV. However, I DO drive a Tesla and have tried the FSD system. The technology is impressive, but Tesla makes in clear IN THE APP that it's SUPERVISED self driving.

              No matter what system the car has the driver is solely and wholly responsible for what its doing.

            3. Terry 6 Silver badge

              Re: Not entirely true

              No one needs to be a lawyer to know that they remain legally required to be in full control of their vehicle.

              And if they enter the vehicle and and activate it they are that driver.Irrespective of which country and legal code you are in ( the the best of my knowledge anyway, but certainly USA and European nations)

              In the same way that ignorance of the law is not a defence, you are expected to be aware of the laws that relate to your conduct.

            4. Lee D Silver badge

              Re: Not entirely true

              I do not need to be. I'm a licenced driver and understand the laws by which I'm held. There is no ambiguity here, not in any jurisdiction I'm aware of. Unless you have it in law that you're NOT the responsible driver in such a vehicle, then you are.

              And there is no law or case-law in the vast majority of the world (some small test areas for certain vehicle which even then have human oversight and intervention, and no, Tesla "FSD" is NOT one of them) to suggest that a human driver is NOT ultimately responsible. There are times where the accident is "unavoidable", for both, but the responsibility is always on the driver.

              The acid-test? Put a 10-year-old in the driving seat, have them turn on "FSD" to navigate to the police station, ring ahead to get them to press the button to send him back, and then explain to the police/courts afterwards.

              No licence? Then you can't drive an "FSD" car. Why are you needing to be licenced if you don't have responsibility?

              No insurance? Same.

              If it was THE CAR'S RESPONSIBILITY, the above would be a perfectly legal and viable method, because the person in the seat would not be responsible, nor need to be responsible.

              Until it's legal for you to press a button and a send a empty car with a pizza box out on delivery, or a small child to school on their own, it's entirely the responsibility of the driver and, thus, not self-driving.

              To my knowledge, only small tests for things like Waymo (which ultimately stopped testing after a fatality WITH a responsible human "safety driver" in the driving seat), in limited areas, for limited periods, for limited models, for limited purposes have ever allowed self-driving cars, and they come under entirely different laws.

              For reference, Tesla "FSD" has none of the above exceptions in law, they expressly tell you that you're responsible when driving them. Even their "Boring Tunnel" cars have a human driver.

    2. eldakka

      Re: Not entirely true

      Entirely True!

      SAE lvl 3 is not 'full self-driving". It still requires the driver to be attentive and ready to take over. It's not until SAE 4 that you get to the level where it doesn't require the driver to be ready to take over at a moments notice.

      1. corestore

        Re: Not entirely true

        I never said it was "full self-driving" nor did I define what that term means.

        I simply said - correctly - that the Mercedes system takes full responsibility for driving the vehicle, under a limited set of circumstances. While it's doing so, the driver is free to play games, watch videos, read a book, and generally cease paying attention to the road. And as the article I linked describes, it doesn't require the driver to intervene "at a moments notice"; rather, it offers an escalating series of alerts when it gets outside the parameters for level 3 automation, as it's supposed to do.

        I don't understand the negativity and number of thumbs-downs my comments have attracted here - I'm just pointing out a minor error of fact in the story.

        1. jdiebdhidbsusbvwbsidnsoskebid Silver badge

          Re: Not entirely true

          I think the problem people are having with your post is that while the Mercedes you mention might indeed be capable of taking full responsibility for driving, the driver is not legally free to "generally cease paying attention". As others have said, just because the technology can do it, that doesn't make it legal.

          1. Anonymous Coward
            Anonymous Coward

            Re: Not entirely true

            There is a general principle in countries that derive their legal system from common law, and that is present in most 'relatively free' countries:

            That which is not explicitly illegal is legal.

            What defines a "driver" can be pretty ambiguous, and whether someone is "driving" isn't generally as simply defined as "the person sitting behind the steering wheel".

            1. Terry 6 Silver badge

              Re: Not entirely true

              BS- that's a straw man argument. Relies on narrowly redefing the word "drive". i.e. "I wasn't driving the car- I took my hands off the wheel".

              1. John Brown (no body) Silver badge

                Re: Not entirely true

                Yeah, it's starting to sound like one of those claimed "Sovereign Citizens" trying to argue they were "travelling" in a "conveyance" and not "driving a vehicle" :-)

              2. Anonymous Coward
                Anonymous Coward

                Re: Not entirely true

                Except there's nothing strawman about it.

                Take your hands off the wheel of most cars on a curve, physics takes over and the car will almost certainly crash. That's no longer true. The "who was driving?" question has been muddied, it's now "who or what was driving?"

                At least in many states in the US, the law is at most ambiguous. There are a few where a human would be explicitly defined as driving even if the car was in control, but there are lots of others where any even vaguely competent lawyer could show that the person behind the wheel was not, in fact, legally responsible for the behavior of the car.

                Don't get me wrong, I don't want Turdlas out there killing bikers, particularly as I'm one of the bikers. But I DO want the appropriate party held responsible, and it's not the human behind the wheel, it's the neo-Nazi running the Turdla company.

            2. eldakka

              Re: Not entirely true

              > What defines a "driver" can be pretty ambiguous, and whether someone is "driving" isn't generally as simply defined as "the person sitting behind the steering wheel".

              No, it isn't ambiguous. There is plenty of case law around it.

              For example, a Pilot on ship (as in a harbour pilot) is the one legally in charge of the navigation of that ship, and bears the responsibility for the 'steerage' of that vessel, despite an normal crew-member actually manning the 'wheel' and doing the actual course inputs into the controls under direction of the pilot.

              The captain of an airplane is legally responsible for the 'piloting' of that aircraft whether the 2nd officer (co-pilot) is flying, or the autopilot is turned on, or the captain is actually the one at the controls.

              Another example, if there is a learner-driver in the drivers seat, the licensed driver supervising them in the front passenger seat is legally the 'driver in charge' of the vehicle. They can be charged with any violations made by the learner-driver - speeding, reckless driving, etc. If the supervising driver has above whatever the local BAC limits specify as 'drunk driving, they can be charged a DUI despite the fact they aren't behind the wheel, the learner-driver is the one behind the wheel.

              There is no ambiguity under the law as to who is in charge of a vehicle. The ambiguity only enters when non-lawyers use common-use language terms in casual english (or whatever your language is) such as 'the driver'.

              No matter what driver-aids are in use, the legal driver (i.e. a human) who holds the license to operate such a vehicle and is thus the one 'in control' whether physically touching the wheel and pedals or sitting in the passenger seat supervising a non-fully-licensed (e.g. a learner-license) driver or sitting in their living room using a remote-control to control the vehicle, is responsible for the safe operation of the vehicle.

              If the licensed person in charge of the operation of a vehicle doesn't want to take the responsibility of a supervisee's mistakes (e.g. a learner), then the they are free to choose to never supervise a learner-driver. In the same way, if the operator in charge of the vehicle doesn't want to take the responsibilty of the operation of the driver aids in the vehicle, they are free to not engage those driver aids - just leave them off - or to not operate a vehicle in them if they can't be turned off.

              1. Anonymous Coward
                Anonymous Coward

                Re: Not entirely true

                Ah yes, because ACTUAL maritime law is so incredibly similar to driving law.

                You're full of shit, and you're making up more shit.

                Now, it's not impossible that UK road vehicle law is maritime law, I'm not an expert. But US road laws are not even remotely related to maritime law. And the only people who bring up maritime law when it comes to cars here are the sovcit idiots.

                No, there's no "driver in charge" like the concept of "pilot in charge" in the sky. It's simply NOT part of the law in the US. A car is not a ship or plane, the rules evolved more from horse law than ship law, and... shocker here... horses are somewhat self driving. In many US states you can't get a DUI on a horse, the 'conveyance's' capabilities are taken into account.

                1. eldakka

                  Re: Not entirely true

                  > > No, there's no "driver in charge" like the concept of "pilot in charge" in the sky.

                  Citation:

                  Some may be surprised to find themselves being charged with a DUI offense if they allow their child with a driver’s permit to safely drive home if they’ve consumed too many beers or had too many glasses of wine at a dinner party. ...

                  Before reaching their destination, the underaged driver crashed, crushing Abbagail. The father was subsequently charged with criminal negligence and spent six months in jail. ...

                  Found in N.C. Gen. Stat. § 20-12.1(a), it’s been determined that it’s unlawful for a licensed driver over the age of 18 to act as a supervising driver under G.S. 20-7(l) or G.S. 20-11 while having a blood alcohol concentration over 0.08 percent or under the influence of an impairing substance.

                  Note the use in the law of the phrase "supervising driver", which in casual-english-speak would be interchangeable with the phrase "driver in charge".

              2. Terry 6 Silver badge

                Re: Not entirely true

                For example, a Pilot on ship (as in a harbour pilot) is the one legally in charge of the navigation of that ship, and bears the responsibility for the 'steerage' of that vessel, despite an normal crew-member actually manning the 'wheel' and doing the actual course inputs into the controls under direction of the pilot.

                In fact, as the case of the boat that got stuck in the Suez Canal demonstrated, the captain is still ultimately responsible too. They can/should override the pilot's decision. In theory.

          2. corestore

            Re: Not entirely true

            Well, as the article points out, it's legal in the states where it's currently offered - California and Nevada. Although there are quirks there - it's legal to read a book, for example, in California, because that's not specifically outlawed - but it IS illegal to make a phone call there, because the current cellphone law in CA doesn't provide an exception for 'but the car was driving itself!' - I expect quite a few of these oddities to come up as technology progresses.

  2. Winkypop Silver badge
    Facepalm

    It’s a fish, but it can’t swim

    It’s a dog, but it can’t bark…

    1. CrazyOldCatMan Silver badge

      Re: It’s a fish, but it can’t swim

      It’s a dog, but it can’t bark…

      It has no mouth but yet it must scream..

  3. The Man Who Fell To Earth Silver badge
    FAIL

    "Musk" is now a verb

    To be "Musked" means to be hoodwinked.

    Musked Definition:

    Simple past tense and past participle of musk.

    Musk Definition:

    A substance with a strong, penetrating odor, obtained from a small sac (musk bag) under the skin of the abdomen in the male musk deer.

    Yea, that works as it stinks.

    1. CountCadaver Silver badge

      Re: "Musk" is now a verb

      What's the bet 200 years ago Elmo would be hawking "miracle cure all tonics" at fairs etc?

      1. a pressbutton

        Re: "Musk" is now a verb

        or in an alternative future.

        I just watched the fallout series.

        The cure-all in that did work.

  4. GuldenNL

    Throw the book at him!

    I'm hoping for a sentence that grabs the attention of the lunatics who believe the rich lunatic.

    25 years should do it.

    1. Pascal Monett Silver badge

      Re: Throw the book at him!

      Unfortunately, the him who's going to get it is not the him we're all thinking about. The driver confessed he was looking at his phone, ergo he's going to take the fall and His Muskiness will blithely continue to spew his bullshit without consequence.

      1. Naich

        Re: Throw the book at him!

        God forbid that there might be consequences for driving your two ton high speed battering ram in a way that results in someone being killed. Vehicles are dangerous and it is up to the driver to make sure that it is being used safely. If there were real consequences for dangerous driving, fewer people might do it, but the public (and often the courts) seem to see being a driver as a get-out-of-jail-free card for any carnage inflicted by them.

        1. cyberdemon Silver badge

          Re: Throw the book at him!

          Well the trouble in this case is that the human was led to believe that the machine could handle most if not all of the driving activity itself, and apparently had no idea what its limitations were. Maybe it performed well in most situations and he gained confidence in its ability and eventually (erroneously) thought he could take his own eye off the road (after all, what else is the point of the tech)

          Ensuring safety by supervising a driver is hard thing to do, much harder than driving the car yourself - there are humans (driving instructors) trained to do it, but even they would struggle if they cannot see where the student is looking, what actions they are beginning to take, cannot talk to them, etc.

          1. tyrfing

            Re: Throw the book at him!

            No. In this case the driver is attempting to avoid consequences for *his* decision.

            It's illegal to engage that mode in the state of Washington. Regardless, the driver engaged it. He's responsible for the death.

            The marketing from Tesla says what it does because it's available in a number of jurisdictions. No doubt some jurisdictions have different laws on this.

            Which is why there's also the legalese saying you still have to follow the law wherever you are, and it's *your* job to find out what the law is.

            I suspect a lot of this is setting up for the "wrongful death" civil lawsuit from the heirs of the motorcyclist. With "joint and several liability", as long as Tesla is found even 1% liable, Tesla would have to pay out on whatever enormous sum the suit is for while the Tesla driver skates.

            1. sev.monster Silver badge

              Re: Throw the book at him!

              I'm curious why there was no preventative measure to block FSD in Washington. You'd think they'd do that to prevent future lawsuits. But I'm not particularly Musky, I guess I'm not allowed to understand.

            2. Michael Wojcik Silver badge

              Re: Throw the book at him!

              My reading of the Washington law is that it's legal to engage FSD as long as you remain at the controls, attentive, and ready to retake control at any moment.

              Which makes FSD kind of pointless, IMO, but then I wouldn't use the damned thing anyway.

            3. Not Yb Bronze badge

              Re: Throw the book at him!

              I'm of the opinion that the frequent Musk mantra of "go fast and (don't worry about when you) break things" is actually a bad idea when said things are moving at highway speeds. Tesla continuing to sell it as "Full Self-Driving" is at least a factor in the decision-making process of bad drivers who thought they bought a car that's better at driving than them.

              FSD's available in many jurisdictions, but isn't any more truly "full self-driving" in legal jurisdictions than elsewhere. It can't be, there are not enough of the right kind of sensors on a Tesla to do it safely. (see... this crash and several others, for examples).

          2. jdiebdhidbsusbvwbsidnsoskebid Silver badge

            Re: Throw the book at him!

            "Well the trouble in this case is that the human was led to believe that the machine could handle most if not all of the driving activity itself"

            If that is the case (rather than the driver simply going rogue by their own volition), then Tesla should also be prosecuted. The analogy is a person in the passenger seat convincing the driver to do something illegal and them therefore being jointly responsible for the consequences. In this analogy, Tesla is the passenger encouraging the driver.

            1. VicMortimer Silver badge

              Re: Throw the book at him!

              No. In this case, Tesla is the driver, the human in the car is just a passenger.

              Tesla was in control of the vehicle. Tesla should be the only entity prosecuted.

              All the human did was say "ok, you drive now".

              1. Snake Silver badge
                Coat

                Re: human was just a passenger

                I'll be flamed for this (as usual, see: icon flamesuit) but for me it's not that at all.

                [grump mode, activated]

                By now, especially if you are a Tesla owner, *certainly* you must have heard / know that to believe "Autopilot" in fully autonomous is a joke. How many accidents, how much media coverage, how many people have to DIE before people accept the personal responsibility of clicking "Autopilot" on a Tesla dashboard but believe you don't have to oversee, pay attention, and still drive the damn car when required??

                For me, it's like the people still suing Phillip-Morris for their tobacco-induced cancers. The U.S. Surgeon General started saying that tobacco was hazardous in 1964

                https://www.nytimes.com/2023/05/23/health/surgeon-general-warnings-history.html

                but you *still* want to claim ignorance?! My own father quit smoking when his children were born in the '60's because he wanted to be around for us.

                Take some damn personal responsibility - you made the choice, live [or die] with it. RTFM the Tesla manual even states that you must still be active in driving but oh no, you want to believe otherwise. Now someone [else] is DEAD, you can *never* take that back, and yes, the advertising says "Autopilot" but the fine print doesn't, as well as pretty much every media outlet on planet Earth.

                Ignore at your (and everyone else's!) peril. Stop pointing fingers, you've heard the truth about Autopilot but personally chose to ignore it all, because.

                What should the courts do? Force Tesla to stop calling it "Autopilot", for a start. Fraudulent claim, for one. Then, expect anyone who does otherwise to accept that *they* made the decision to read a book while they drive.

                A world full of children, can't even take the responsibility to keep driving when they need to. Take a damn bus if it's too hard for you.

                1. Michael Wojcik Silver badge

                  Re: human was just a passenger

                  I'm inclined to agree. The driver is at fault for the accident. Tesla and Musk are at fault for making misleading and false claims about FSD, but AIUI the Tesla owner's manual explicitly says the driver has to be attentive and ready to take control at all times. This driver wasn't, and so is at fault.

                  Tesla and Musk might be separately prosecuted for false advertising, but if the owner's manual says you have to pay attention while using FSD, then the driver has no excuse. (And, no, "I didn't read the manual" is not an excuse.)

                  1. Pascal Monett Silver badge
                    Trollface

                    The manual ?

                    Who ever reads the manual these days ?

                    1. mevets

                      Re: The manual ?

                      IMHO this is a critical point. You can put whatever you like in a manual / agreement / etc... It is still over-ruled by local laws and regulations. The mere fact that these clauses are not explicitly isolated requiring a specific signature for each restriction make's Tesla's legal position precarious.

                      As bullies the world over have discovered, by the time the legal process gets to them, they have long skipped the jurisdiction.

                2. Like a badger

                  Re: human was just a passenger

                  Take some damn personal responsibility - you made the choice, live [or die] with it.

                  If the Tesla driver was the only casualty, fair enough. in this case the Tesla driver walks away, and an apparently innocent motorcyclist is in a box. And in terms of taking responsibility, It's no help to the motorcyclist or their friends or family if the Tesla driver is sent down.

                  Having said that, I'm a bit conflicted in my thinking. As reported it seems a clear cut case that Musko's self driving car is not as safe as we might want and no one round here is surprised. But to advance technology, you can't let perfection be the enemy of the good. Look at vaccines - proven to save lives, yet almost always with rare adverse effects on a minority. In this case I'd have thought that regulators should have by now established where and when self driving is safer than meatsacks, and if that is the case then it's probably acceptable (albeit only at a societal level) that self driving cars could be a good thing.

                  1. doublelayer Silver badge

                    Re: human was just a passenger

                    I think self-driving cars can be a good thing. I expressed so yesterday in these forums. However, what Tesla has, and for that matter all the other things that an individual consumer can buy, are not self-driving and it's important that we make this clear. There may be a time where some cars are safe enough to be driven by software, but that time is not now. Right now, the perfect isn't being the enemy of the good. The perfect and the extremely bad are teaming up to be the enemy of the good. If people keep seeing the stories of supposedly "full self driving" vehicles killing pedestrians, passengers, child-sized mannequins, and everything else that Teslas can't prevent themselves from hitting, then the public is going to believe that self-driving vehicles are a misnomer and never will be safe. This means that we should do two things.

                    The first is preventing anyone from saying, suggesting, or implying that their car can drive by itself when it cannot. That means that level 4, I.E. the user's attention is not required at all during automated driving, at least, is required before using any of these terms. Perhaps this will need to be extended to level 5. Second, that people who enable features that are not self-driving should be as liable for damage caused as anything else. They can turn around and sue the manufacturer if they want, though they'll probably find it hard because they now have a manual full of paraphrases of "yes, we lied about the self-driving", but they can try. The manufacturers should be liable for selling a product using deceptive tactics, but the driver needs to be liable for using them in a dangerous way.

              2. AndrueC Silver badge
                Stop

                Re: Throw the book at him!

                All the human did was say "ok, you drive now".

                ..and they are responsible for the consequences of their decisions. No-one is claiming that Tesla have implemented a self-aware conscious entity therefor the driver has simply switched on a machine. A machine cannot be responsible for its actions therefore the driver is.

                If you pick up a gun and pull the trigger you can't blame the gun if someone is injured or killed.

              3. Ideasource Bronze badge

                Re: Throw the book at him!

                Human made the decision to to run the risk of driving with that feature. Human knows they are responsible for what their property does in any way it effects others and the property of others. Human should receive vehicular manslaughter as there's no intent and it was an accident but Somebody died from his property and poor judgment operatimg under his drivers license.

        2. Telman

          Re: Throw the book at him!

          As a bicyclist, i agree 1000 percent

  5. Anonymous Coward
    Anonymous Coward

    Heck; I can't even trust my Volvo

    It just had a software update, and by the feel of it, OFF for Lane Assist now actually means 'switch to lane assist light' as -despite ALWAYS being disabled by me- I can now still feel it react when I cross a white line (which I have to as it's kinda hard to get off a motorway otherwise).

    Time to ring the garage and register it as a fault.

    And get them to accept responsibility for RSI.

    1. Alumoi Silver badge

      Re: Heck; I can't even trust my Volvo

      Strage, using the turn signal always calms down my lane assist. You know, wanting to get off the the motorway I always use the turn signal to, well, signal the intention and the lane assist doesn't nag me.

      1. Stanley Toolset

        Re: Heck; I can't even trust my Volvo

        The vehicle shouldn't 'encourage' the driver to indicate - it should be a conscious decision to do so, or not, based on observation and circumstance (as Roadcraft and advanced driver training teach). It shouldn't be a reflex action. As I was told on a ROSPA assessment, "why indicate when entering a motorway from the sliproad - where else would you be going?".

        1. Anonymous Coward Silver badge
          Terminator

          Re: Heck; I can't even trust my Volvo

          The driver in the lane you're pulling into may not know whether the slip road terminates or becomes an additional lane (or just unaware that it's a junction at all), so they may assume that as you're not indicating the lane must continue and that you're staying there.

          Yes, people are stupid. It's best to drive assuming that all other drivers are stupid and give them as many clues as possible.

          1. Evil Auditor Silver badge

            Re: Heck; I can't even trust my Volvo

            It's best to drive assuming that all other drivers are stupid, too

            Here, corrected that for you. Even though I do consider myself as an above-average driver (as as least 95% of all drivers do...), I don't know how many times I had the luck to encounter other, more attentive drivers to react well to whatever stupidity I was pulling off.

            1. Wellyboot Silver badge

              Re: Heck; I can't even trust my Volvo

              Joining a motorway is legally the same as turning left when you join another road from a T-junction - it's going from (slip) road A onto (motorway) road B.

              The increased speeds involvedmay require everyone within quarter of a mile approaching the merge point to react to any of the vehicles in front doing something 'odd'. So yes, I also indicate when joining a motorway because the point of indicating is to warn other drivers of your intent to do something and as we all know - sometimes s*** can happen really fast.

              1. Like a badger

                Re: Heck; I can't even trust my Volvo

                "I also indicate when joining a motorway because the point of indicating is to warn other drivers of your intent to do something"

                And in addition to warning the attentive, the flashing amber indicator draws attention, so that there's a better chance for an inattentive driver to spot the joining vehicle. Simply because there's no other likely option than you joining the carriageway doesn't mean that all other drivers have clocked your presence or your intentions.

                II doubt RoSPA would publicly associate themselves with the idea that drivers joining a motorway shouldn't indicate.

          2. Terry 6 Silver badge

            Re: Heck; I can't even trust my Volvo

            Indicating gently on a slip road alerts the driver holding right of way on the motorway that you are there - they may then choose to make it easier for you to merge onto the motorway. But it's their right of way, not the car entering, who is required to wait, just as at any junction. Any half way decent human being on the motorway, approaching a junction will make it easier for approaching vehicles on the slip road to merge.But they don't all. Some can't. or won't. So you wait.

          3. CrazyOldCatMan Silver badge

            Re: Heck; I can't even trust my Volvo

            The driver in the lane you're pulling into may not know whether the slip road terminates

            They damn well ought to! It's part of the basic motorway driving craft [1]. Likewise, (if able) moving to the middle lane to allow people to merge onto the motorway. Likewise, when coming onto the motorway, make sure you are up to speed so that you are not doing 50mph and pulling into a stream of traffic doing 70+.

            And, while we are at it - looking 100m+ ahead to see what the traffic situation is up ahead rather thamn zooming up being a lorry then pulling out into the next lane without looking.

            It's best to drive assuming that all other drivers are stupid and give them as many clues as possible

            Speaking as an (ex) motorcyclist that's largely a futile effort. I idicate when it's appropriate (ie if there is anyone that my manouver will affect) rather than robotically doing it "because the highway code says so"

            [1] I still firmly believe that motorway access shouldn't be an automatic right when you pass your test. It's a quite different set of skills to standard urban driving.

        2. MarkTriumphant

          Re: Heck; I can't even trust my Volvo

          It was one of two things that I disagreed with when I did my Advanced Motorcycling. I see no reason why indicating should not be a reflex action. It does no harm to indicate unnecessarily, and it caters for the times that you do not realise that there was someone there to see it. It also means that it is one fewer thing to think about when driving, as it is automatic. Surely that is a sensible idea?

          1. I ain't Spartacus Gold badge
            Megaphone

            Re: Heck; I can't even trust my Volvo

            Also, as a pedestrian, can drivers bloody indicated at junctions please! Just because there are no cars there, doesn't mean that other people don't want to know where the hell you think you're planing to go. I can often guess from road positioning, but drivers who don't indicate are also likely to be shit at that too.

            1. Stanley Toolset

              Re: Heck; I can't even trust my Volvo

              Yes, that's part of it. Indicate if it could benefit someone - pedestrians included. it's about thinking about doing things, and the implications. I walk, cycle, drive and used to ride motorbikes, & try (not always sucessfully) to not mislead other people.

              You still can't trust indicators though - there's a road near here where people come off a dual carriageway having gone right at the RB on it. Some indicate left (good) before they come off the RB during their right turn, but don't cancel the indicator as they approach the left-junction ~20 yards after the RB they've just vacated. They then don't take that left junction, but carry on. I've seen several near misses there, where people assume that the left-indicating ex-RB person is in fact going to turn left, when they don't.

              1. CrazyOldCatMan Silver badge

                Re: Heck; I can't even trust my Volvo

                Indicate if it could benefit someone - pedestrians included

                Ding, ding, ding DING!

                It's all part of maintaining road awareness. Don't do it as an automatic action, do it because the road conditions need it.

                1. Not Yb Bronze badge

                  Re: Heck; I can't even trust my Volvo

                  I'd prefer you go ahead and do it as an automatic action when changing lanes or turning, because no one is ever that aware of the road. No, not even you or me.

          2. Fr. Ted Crilly Silver badge

            Re: Heck; I can't even trust my Volvo

            Hear hear. it's no good laying in the road with a broken leg screaming that you were in the right, look where that got you. It presumes everyone else is perfectly behaved and their not as we all know.

          3. AndrueC Silver badge
            Meh

            Re: Heck; I can't even trust my Volvo

            I see no reason why indicating should not be a reflex action. It does no harm to indicate unnecessarily,

            The problem is that can lead people into the mistake of 'I indicated therefore I can go'. By requiring the driver to first assess the need for indication you are making them pay attention as to whether it's actually a safe manoeuvre rather than them seeing it as part of a 'box ticking' exercise.

            Or put another way: 'Indicate then move' can become a habit for some people.

            1. Terry 6 Silver badge

              Re: Heck; I can't even trust my Volvo

              Slightly better than "move then indicate"- not uncommon too.

        3. munnoch Bronze badge

          Re: Heck; I can't even trust my Volvo

          That's what I was taught when I did the Advanced test many, many years ago. I have to reluctantly concede it made 19yo me a better driver then and since.

          Indicate when it will provide assistance to another road user, or words to that effect. It demonstrates you have evaluated the situation including how your actions will affect those other road users. Indicating every time you turn the wheel merely demonstrates that you intended to turn the wheel.

          No impact on other users, no signal. Only one conceivable (and valid) course of action (joining motorway from slip road), no signal.

          Of course this assumes that everyone else shows a modicum of attention to the situation whilst in charge of the lethal weapon, it doesn't cater to the typical road user nowadays who just target fixates and goes for it.

          Personally I can't wait for self-driving cars -- for everyone except me .... They will 1) stay in lane at roundabouts, 2) stay on own side of road on curves, 3) not tailgate, 4) obey speed limits, 5) signal their intentions. I'm fully prepared for disappointment though.

          1. I ain't Spartacus Gold badge

            Re: Heck; I can't even trust my Volvo

            Of course this assumes that everyone else shows a modicum of attention to the situation

            Whoever put that in an advanced driving course was fucking stupid then!

            It sounds so incredibly arrogant too. Oooh I'm such a great driver I don't ever make mistakes and always make the perfect moves. Obviously having done an advanced course, and thinking about what you're doing is great. But to assume that you're always going to notice ever other road user and what they need is both ridiculous and imparts an extra burden of concentration that seems pointless.

            It certainly sounds like a good thought exercise. What impact would my signalling really have here?

            But to assume everyone else is paying equal attention is both stupid and dangerous. And to assumetht you'll never make a mistake and not see a pedestrian round corner who wants to know where you're going - or miss someone in your blindspot is also dangerously stupid.

            Unless there's an argument that indicating is sometimes confusing or leads to risk, that I'm not aware of.

            1. munnoch Bronze badge

              Re: Heck; I can't even trust my Volvo

              You need to look up the definition of modicum.

          2. werdsmith Silver badge

            Re: Heck; I can't even trust my Volvo

            It demonstrates you have evaluated the situation including how your actions will affect those other road users.

            It may demonstrate that you have forgotten to cancel the indicator, because you have the music up and can't hear the tick.

            Or you are on a motorcycle with doesn't have self cancel and no audible feedback.

            The number of times I've seen people indicating and nor acting in accordance, as a motorcyclist I quickly learned never to trust them.

            And as a motorcyclist I've done the forgot to cancel thing too.

          3. Not Yb Bronze badge

            Re: Heck; I can't even trust my Volvo

            "It demonstrates you have evaluated the situation including how your actions will affect those other road users."

            ... that you happened to notice. There could well be other road users you didn't see, and failing to indicate might lead them to believe you intended to stay in the same lane, or not turn in front of them. Indicate anyway, just in case you missed something.

        4. sedregj

          Re: Heck; I can't even trust my Volvo

          >> why indicate when entering a motorway from the sliproad - where else would you be going?".

          As well as acting as an indicator (of intent), that bright flashing light also acts as a notifier - it helps notify that you are there as well as what you intend to do.

          1. theOtherJT Silver badge

            Re: Heck; I can't even trust my Volvo

            Absolutely this. The thing that my motorcycle instructor was always keen to drill into people was "Other drivers are looking for cars to a lot of them you might as well be invisible because they're not expecting to see you. Do everything you possibly can to remain visible"

            It's much easier to see a flashing light in your peripheral vision than a relatively small moving object that you weren't actively looking for in the first place.

            1. Anonymous Coward
              Anonymous Coward

              Re: Heck; I can't even trust my Volvo

              I actually have ALL driver licenses, and I have driven in many countries on the left as well as the right.

              It means I also know what the road looks like from the perspective of other drivers. You will, for instance, not catch me going in front of a loaded HGV because that needs its braking distance. If I would come off a motorway it's going to be damn difficult to get between me and the side line, so even if I didn't indicate that would not be a problem because a good driver does not slow down until he is outside the flow of traffic.

              So many spurious arguments avoiding the main issue: why is that facility still active if it was switched off?

              1. sedregj

                Re: Heck; I can't even trust my Volvo

                "why is that facility still active if it was switched off?"

                No idea but: "... If I would come off a motorway "

                You are unable to effectively engage with a thread on a forum at a few characters per second, per hour. I hope you are better at 70mph on a road.

                PS "I actually have ALL driver licenses" - no you don't. That's just silly.

          2. markrand

            Re: Heck; I can't even trust my Volvo

            It is an offence, to overtake someone who is indicating right. It is not an offence to overtake someone who is not indicating right. You want to pull in to that continuous stream of HGVs without getting creamed or runn of the end of the merging lane??? Politeness doesn't cost.

            1. Anonymous Coward
              Anonymous Coward

              Re: Heck; I can't even trust my Volvo

              While it might be an offence to overtake someone who is indicating right, it's not an offense to pass someone who has their left turn signal on.

              Yep, that's not a thing here in the US. It's generally legal to cut off a merging car, yield sign beside the onramp should have told you.

              The signal, while not legally useful in that merge lane, is still a good idea. It helps the idiots around you notice that you're there, and when they do they don't generally try to cut you off. Oh, and those 18-wheelers are in every lane, so be careful.

              1. John Brown (no body) Silver badge

                Re: Heck; I can't even trust my Volvo

                "Oh, and those 18-wheelers are in every lane, so be careful."

                Across the EU and UK, HGV (trucks) are not allowed in the outside lane if there are 3 or more lanes and some vehicles with some specific exceptions, such as rare occasions when, eg a 3 lane motorway has exist from lane 3). Trucks, have different speed limits to those for cars. Likewise cars with any form of trailer on tow has lower speed limits. It generally means the outside lane will be less likely to have slower moving vehicles in it. So, in the case of the USA, does this mean that all vehicles can drive at the posted speed limit, or is it just tough shit if all lanes have slow moving trucks in them? ;-)

                1. sedregj

                  Re: Heck; I can't even trust my Volvo

                  "So, in the case of the USA, does this mean that all vehicles can drive at the posted speed limit,"

                  From my (Brit) observations from driving in the US of A - yes they can. There may be some state or county restrictions but in general, lorries seem get to run at the posted speed limit. From memory, Alligator Alley (Miami to Naples) I was overtaken by a lorry. That road is a bit special but it has a posted limit of I think 70mph and a minimum of 50mph. It is unusual in having a minimum speed limit. I think it is a private road but it still has to work within the state/federal legal framework.

                  1. Not Yb Bronze badge

                    Re: Heck; I can't even trust my Volvo

                    At one point, Texas had different day and night speed limits on freeways, and they also varied depending on whether it was an HGV/18-wheeler (lower speed) or a passenger car (higher). There was also a posted minimum speed on most of them.

                    The posted minimum lasted longer than the day/night limits, but neither lasted for very long.

            2. Ian Johnston Silver badge

              Re: Heck; I can't even trust my Volvo

              An offence under which law?

        5. Fr. Ted Crilly Silver badge

          Re: Heck; I can't even trust my Volvo

          Well the flashing indicator might just make you a little more apparent and visible as a potential hazard to be noticed/accommodated when joining... but ROSPA eh.

          1. Anonymous Coward
            Anonymous Coward

            Re: Heck; I can't even trust my Volvo

            Why care about ROSPA when you have a driving code that explains everything?

        6. Lee D Silver badge

          Re: Heck; I can't even trust my Volvo

          I indicate to wake up drivers who aren't paying attention, and almost ALL of my indication is for the purpose of attracting attention of inattentive drivers, and those vehicles who I do not know are there.

          Indicating "needlessly" costs nothing.

          And that day when someone is just pottering along not noticing, or you are parallel to a car or bike that's in your blind spot and you nearly pull out on him because you don't know he's there and he thinks you've seen him when you haven't, it pays for itself a million times over.

          I don't indicate for MY BENEFIT. Or even the benefit of a good, attentive driver. I indicate for the bike I could not see, the guy who thinks I'm taking too long as wants to undertake, the cyclist who thinks I've seen him, etc.

          It should literally be a reflex action. Changing lanes, turning or otherwise deviating? Indicate anyway. You won't "confuse" anyone who wouldn't be more confused by you turning unexpectedly and without signals.

          "why indicate when entering a motorway from the sliproad - where else would you be going?"

          Why not indicate? Where else would you be going, and who have you hurt by doing so?

          1. Anonymous Coward
            Anonymous Coward

            Re: Heck; I can't even trust my Volvo

            Maybe you're hurting the feelings of people who think indicating takes away their own ability to drive fast, or something?

        7. lostinspace

          Re: Heck; I can't even trust my Volvo

          The slip road you are on might become a lane of the motorway. It happens a lot around me, where an entire lane leaves the motorway, and then the lane rejoins and also on complex junctions (like the M4/M5 interchange). So cars indicating that they are going to be joining my lane is very helpful. Seriously, how hard is it to always indicate, just in case there is something or someone you haven't noticed and who then gets some warning?

          1. John Brown (no body) Silver badge

            Re: Heck; I can't even trust my Volvo

            An excellent point. Many's the time I'm passing a slip road that becomes it's own lane and despite the signs telling the drivers that is what is about to happen, many will not be paying attention and move from an empty, now lane 1 into what is now lane 2, "just because". And yes, I've seen it so many times, I do watch for those drivers so I can avoid them! Likewise, the ones where the road is narrowing and lane 1 is for exit only, some people don't seem to notice and swerve out at the last minute as "their" lane becomes the exit slip.

        8. John Brown (no body) Silver badge

          Re: Heck; I can't even trust my Volvo

          As I was told on a ROSPA assessment, "why indicate when entering a motorway from the sliproad - where else would you be going?".

          In my experience, the flashing amber light helps to grab the attention of the drives already on the motorway who may not be paying proper attention. If ROSPA are not encouraging defensive driving, then they are not doing their job properly. Using your indicators SHOULD be a reflex action.

        9. Anonymous Coward
          Anonymous Coward

          Re: Heck; I can't even trust my Volvo

          My driving instructor, years ago: Indicating is to tell other drivers what you are doing. If there are no other drivers around, or it's obvious what you are doing, there is no need to indicate.

          My son's driving instructor, this year: Exactly the same.

          The lad passed first go, no minors.

          1. k492

            Re: Heck; I can't even trust my Volvo

            Well that's wrong right there - they're not to tell other drivers, they're to inform other *road users*.

            1. Terry 6 Silver badge

              Re: Heck; I can't even trust my Volvo

              k492 Which comment are you referring to?

              If it's on a motorway it's to warn "drivers" -(though to be fair I'm including the riders of motorcycles in that since there is no generic term for both driving and motorbiking that I can think of) since nothing else is allowed on there.

      2. mevets

        Re: Heck; I can't even trust my Volvo

        It is also nice that pointless signalling can offer an indication that a partially autonomous vehicle is on the prowl.

        Maybe those sorts of vehicles should always have both flashers on?

    2. Sceptic Tank Silver badge
      Unhappy

      Re: Heck; I can't even trust my Volvo

      In a way this sounds like preferences of whoever designed the system; sometimes you agree with how it works, other times you don't. It's like the difference between how Geany and VS Code do "select next word": VS Code does it in a fairly natural way, but Geany keeps going haywire on me. If you have a whole lot of whitespace in front of a word in VS Code, it selects all the whitespace in front of the netx word when you Ctrl + Shift + ➝. Do the same thing in Geany and it selects all the whitespace and the first word after that. Probably made sense to someone, but feels to me like it's doing unexpected things. Another Geany ill-design: the insert cursor caret is a block and the overwrite cursor caret is an underline. All my life I've worked with editors where it's the other way around. Drives me crazy. (I have not yet determined how to switch VS Code into overtype mode).

      1. Anonymous Coward
        Anonymous Coward

        Re: Heck; I can't even trust my Volvo

        MS Word is terrible in that respect as well, all the 'helpful' crap gets so much in the way that I was glad to switch to LibreOffice which I now use for most of the more complex writing.

    3. Anonymous Coward
      Anonymous Coward

      Re: Heck; I can't even trust my Volvo

      OP here: I don't know about you, but I maintain sufficient situational awareness to know if I must indicate.

      Although I would agree with the observation that advance signalling is a must, I am also of the opinion that I must have a high enough situational awareness to decide if I want to do that or not. Classic example: indicting to overtake when you're being overtaken - it's better to wait.

      Given that I have had quite a number of advanced driving courses (no, all different, not because I'm a slow learner :) ) I think my judgement is going to be more sound than a computer which only sees tactical data.

      In addition: OFF should be OFF. There's no reason to lie to a driver about it unless you have something to hide.

      1. Hawkeye Pierce

        Re: Heck; I can't even trust my Volvo

        But saying that you "maintain sufficient situational awareness to know if I must indicate" means that you consider yourself to be absolutely infallible, never going to make a mistake, never going to have missed something, never going to have an absolute idiot elsewhere do something silly, etc.

        ... which is an incredibly dangerous assumption to make.

        I do remember my driving instructor many many years ago saying the same thing - "why are you indicating? Who are you indicating to?". But let me put it another way... What is the HARM in indicating? If there is a 0.000001% chance that doing so avoids an accident then surely it's worth doing unless you can demonstrate a greater chance that it causes harm?

        Sure, there's a possibility that you forget to cancel the indicator (on that rare time when you indicated but didn't need to). Sure that's, annoying to other users, but it's not really causing harm. So what other harm can be caused, if you would otherwise have indicated if there was definitely a reason to?

        1. Anonymous Coward
          Anonymous Coward

          Re: Heck; I can't even trust my Volvo

          But saying that you "maintain sufficient situational awareness to know if I must indicate" means that you consider yourself to be absolutely infallible, never going to make a mistake, never going to have missed something, never going to have an absolute idiot elsewhere do something silly, etc.

          No, because if I meant that I would have said so (and I'd like to point out that I had good trainers who I've seen excise that notion from many a younger driver - IMHO, assumption 1 is that you WILL screw up at some point, but the idea is create enough safety margin so you will only feel an idiot afterwards instead of being somewhere between sorry and dead). The whole point of maintaining an as complete situational awareness as possible is to create and maintain safety margins. Oh, and thank you for that entirely unwarranted assumption based on no data whatsoever, but I digress.

          If I suddenly have to make an evasive maneuver because something happens in front of me (which doesn't need to be anyone's fault), knowing what is where gives me more options to pick the least harmful course of action. It also requires keeping in mind that you have blind spots, which is why you need to keep this up (it's also why I utterly reject the Tesla FSD notion that you can go and do something else but quickly take over if the computer gives up - at that point you have zero status info, and it doesn't quickly put you back in charge if circumstances would not have become so adversarial that even Musk could BS his way out of the impending accident you're about to have).

          And, again back to my original point, OFF should mean OFF. You can already only half trust this vehicle because it does things on its own that are not good, the fact that a function continues to yank at my steering wheel after I have explicitly switched it off is not exactly helping that trust. I'm getting to the point where I may put a case together for the authorities to investigate this mess.

      2. Jonathan Richards 1

        Re: Heck; I can't even trust my Volvo

        Off should be off, sure. However, if it's the non-use of the turn indicator which is prompting your Volvo to nudge your steering, then you need to use the turn indicator. Who are you indicating to? The robot under your {bonnet | hood}.

        1. Anonymous Coward
          Anonymous Coward

          Re: Heck; I can't even trust my Volvo

          If off is off, what the driver does ought to be utterly irrelevant to the robotic overlord in the car.

    4. MrReynolds2U

      Re: Heck; I can't even trust my Volvo

      From my experience and those who have been hurt, active lane assist is the most dangerous thing on modern cars.

      It needs to be eradicated, not made mandatory and defaulted to on.

      1. Michael Wojcik Silver badge

        Re: Heck; I can't even trust my Volvo

        My wife's car has it, and I hate it. Reason N why I'll never buy another new car.

    5. Telman

      Re: Heck; I can't even trust my Volvo

      Thanks for reminding me why I will be driving antique cars for the rest of my life. Also glad I don't have children.

  6. gnasher729 Silver badge

    Can we clarify

    It wasn’t just “a Tesla car involved”, but the biker was definitely killed because of a fault of whoever drove the car?

    1. Ken Hagan Gold badge

      Re: Can we clarify

      "Jeff Nissen, 28, of Stanwood, Washington, was killed on April 19 when he was struck by a 2022 Tesla Model S."

      "According to court documents cited in a Fox 13 Seattle report, the 56-year-old driver of the Tesla told first responders he was looking at his phone while the car was driving itself."

      All seems pretty clear to me.

    2. simonlb Silver badge
      FAIL

      Re: Can we clarify

      A car is a potentially lethal contraption. If you're too fucking lazy to be even bothered to pay attention to what a car is doing when you're in charge of it, you shouldn't even be allowed to own or have possession of the car let alone a driving license.

    3. I ain't Spartacus Gold badge

      Re: Can we clarify

      Of course this assumes that everyone else shows a modicum of attention to the situation

      gnasher729,

      You're right. Tesla's marketing department and Elon Musk himself are also partly responsible for this death. By consistently lying to their customers about how amazing their "Full Self Driving" system is, even though they haven't fucking got one. And yes, they put the weasel words in to try to cover their legal liability, but their consistent marketing lies are responsible for so many Tesla drivers risking other

      peoples' lives everyday by puting their cars into "Autopilot" and getting their phones and laptops out.

      The driver has most responsibility. What he admitted to doing is illegal and he should know better.

      But Musk and Tesla have continually encouraged this kind of behaviour. And their Autopilot system seems to make an awful lot of errors for what should be a safety critical system. Drivers aren't professionals, unlike pilots - who are regularly trained in what to do when their autopilots crap out on them at short notice. And even pilots get it wrong sometimes. Anyone designing driver assistance aids, as a basic matter of common sense, needs to consider what they're doing to drivers' attention to the road by taking tasks away from them, and how they're going to take control back in an emergency.

      1. Jonathan Richards 1
        Stop

        Re: Can we clarify

        > pilots - who are regularly trained in what to do when their autopilots crap out on them at short notice

        Well, airline pilots maybe, but plenty of pilots come to grief when their autopilot gives up, e.g. because of turbulence, and returns control to an unprepared pilot with the 'plane in a badly out-of-trim condition. The difference is that the autopilot of a 'plane is never going to command a "surge forward" and strike a motorcyclist on the same flight path. Driving and flying are qualitatively different, and "autopilot" was a term taken by the latter activity. It shouldn't be allowed to be used for motoring.

        1. Strahd Ivarius Silver badge

          Re: Can we clarify

          A plane autopilot won't ever command a "surge forward", unless you are speaking of a Boeing plane...

      2. Anonymous Coward
        Anonymous Coward

        Re: Can we clarify

        What I object to most is that OTHER road users are exposed to the risk.

        I can't recall signing up to be putting my life on the line in Europe because some US based moron has decided he needs to BS his shareholders so he can waste more money on his personal version of Truth Social.

        If people buy a Tesla and want to test FSD, fine - but let them do it where only they suffer the consequences when it goes wrong. It's this whole considering the rest of the planet as free to use test dummies that is IMHO simply criminal. I also hate the BS when it's demonstrated that the thing will happily mow down a child - don't give me waffle, fix it. Giving me BS means you damn well know about it but was hoping people would not find out.

      3. Ian Johnston Silver badge

        Re: Can we clarify

        By consistently lying to their customers about how amazing their "Full Self Driving" system is, even though they haven't fucking got one.

        "Full Self Driving" is Autopilot with STOP sign recognition enabled. That's it.

        1. Anonymous Coward
          Anonymous Coward

          Re: Can we clarify

          AFAIK it seems to ignore STOP signs just fine..

  7. Anonymous Coward
    Anonymous Coward

    My car requires my full and total attention

    It’s how you drive a car.

    1. John Robson Silver badge

      Re: My car requires my full and total attention

      So you've disabled the ABS?

      No, you allow the car to take actions on your behalf then.

      This is just a logical continuance... I'd be interested to know how many motorcyclists have been hit and killed this year - because without that this is just a cherry picked data point for clickbait.

      1. imanidiot Silver badge

        Re: My car requires my full and total attention

        ABS doesn't actually control the car or even get between you and operating the car all that much. There very definitely is a very structural difference between something like ABS (Which assists a driver in not "over-braking" when panic braking) and Autopilot (which takes away pretty much every task involved in driving, including the action of steering wheel or accelerator input and even braking itself)

      2. Lee D Silver badge

        Re: My car requires my full and total attention

        Why would the ABS distract his full and total attention?

        When driving you concentrate - whether braking, poor weather, bright sunshine, cruise control, stopped at lights, with automated assistance or otherwise.

        Comparing "FSD" (*cough*) to ABS is a nonsense, like comparing lane-deviation to the little notch that stops you turning the steering wheel too far for the steering rack.

        Having ABS on or off does not distract you.

        Having "FSD" (*cough*) on and being on your phone should be treated as murder.

        1. John Robson Silver badge

          Re: My car requires my full and total attention

          "Having "FSD" (*cough*) on and being on your phone should be treated as murder."

          At least I agree with you there.

      3. Anonymous Coward
        Anonymous Coward

        Re: My car requires my full and total attention

        My car doesn't have driving aids, other than power steering and boosted brakes.

        No ABS, etc.

        1. CrazyOldCatMan Silver badge

          Re: My car requires my full and total attention

          My car doesn't have driving aids, other than power steering and boosted brakes

          Power steering? Luxury!

          None of those fripperies on a 1966 Morris Minor - no sir!

          (We have fitted servo assist and front disc brakes to it but only because the originals are actively dangerous in a fully-disk-brake world!)

      4. Jonathan Richards 1
        Thumb Down

        Re: My car requires my full and total attention

        That's just shocking whataboutism. Is it acceptable for Tesla's so-called self-styled "autopilot" in "full self-driving mode" to command lethally unsafe driving, just because some drivers do the same? Clue: NO, it is not.

        Your ABS question is inappropriate, too. ABS is a mechanism, with predictable actions. Same as the power-assisted steering, and the automatic gearbox (if you have one). I don't think that even Tesla's engineers know why «autopilot» does what it does in any given situation.

        1. John Robson Silver badge

          Re: My car requires my full and total attention

          Autopilot is also predictable - the problem is that the user wasn't paying any attention at all.

          1. Eye Know

            Re: My car requires my full and total attention

            Spoiler alert, neither will any other driver after the first few minutes.

          2. Anonymous Coward
            Anonymous Coward

            Re: My car requires my full and total attention

            Predictable in the sense it will disengage to let the driver have full responsibility as soon as an accident is not avoidable because the system doesn't properly identify obstacles?

      5. Ian Johnston Silver badge

        Re: My car requires my full and total attention

        Automatic ignition advance rather than a lever on the steering wheel? Self cancelling indicators? Automatic gearbox? Rain-sensing wipers? All these are the car taking actions on your behalf.

    2. Eclectic Man Silver badge
      Unhappy

      Re: My car requires my full and total attention

      It might be how you drive your car, but, well, someone has just been charged with trimming his beard while driving, so, not everyone behaves as laudably as you when behind the wheel.

      https://www.bbc.co.uk/news/videos/cgr5j2qzne8o

      "A motorway driver has been caught trimming his beard with no hands on the steering wheel in South Yorkshire.

      The "shocking manscaping" was filmed by roads officers in an unmarked HGV, with the man among more than 240 people caught for driving offences over five days in July."

      1. Michael Wojcik Silver badge

        Re: My car requires my full and total attention

        In the US, I can't see this making the news. I don't know how many times I've seen people putting on makeup, reading, etc while "operating" an automobile. "People are dangerous idiots" falls pretty solidly into "dog bites man" territory.

  8. ComputerSays_noAbsolutelyNo Silver badge
    Joke

    Since when do they add the "(Supervised)"?

    Is the fine print finally forcing its way into the names of products?

    1. Charlie Clark Silver badge

      Re: Since when do they add the "(Supervised)"?

      And, in the land of unlimited liability, it's unlikely to help them if anyone launches a civil suit about damages. They should be able to enforce the controls using geo-fencing and, for a company, that prides itself on enabling features by software, it would be difficult to argue against this.

      1. Michael Wojcik Silver badge

        Re: Since when do they add the "(Supervised)"?

        I don't believe Washington law forbids the use of Tesla FSD. It just forbids not being in control of the vehicle while it's engaged.

        (What's the point of it then? There isn't any; FSD is stupid. But not, as far as I can see, illegal.)

        1. Charlie Clark Silver badge

          Re: Since when do they add the "(Supervised)"?

          That won't absolve Tesla from not taking "necessary steps to avoid inappropriate use" or whatever language the legal weasels tend to use. Unlimited liability includes such requirements to save idiots consumers from themselves and each other. Except when guns are involved!

  9. Anonymous Coward
    Anonymous Coward

    Lack of due care

    "he was looking at his phone while the car was driving itself."

    We are rightly roused to anger at such inattentiveness.

    And I see on certain social media (can't speak for Twitter though) potential car buyers are in a spat over car manufacturers having their own interfaces rather than Carplay and Android Auto declaring these are deal breakers because they make dealing with [phone] messages easier. and I think this is just more of the same.

    1. Blue Shirt Guy

      Re: Lack of due care

      The issue with not having Carplay or Android Auto is it actually creates danger. The UK driving test covers using a satnav now, so would you rather drivers had a standard interface they knew across multiple vehicles, or had to prod and poke unnecessarily at the screen of some random and probably out of date interface (or at their phone in a holder, which is legal but even worse) to find the option to re-route past roadworks or whatever, rather than use one of the two industry standard interfaces via buttons on the steering wheel or whatever.

      1. NerryTutkins

        Re: Lack of due care

        The issue is self-driving cars. What is the point?

        "Reduce the workload of the driver" - free up the driver to do what? You still have to sit in the driving seat. You still have to have hands on the wheel. You're still legally obliged to not fall asleep, or tug yourself off, or watch youtube or play with facebook on your phone. You have to sit there, and watch the car drive itself, and be ready to step in at a moment's notice to stop it driving off a cliff, or into the side of a truck, or skittling a motorcyclist.

        The self-driving tech might be 99.9% reliable, but when the 0.1% can kill people, it's not enough.

        This is being done completely the wrong way around. The driver should be driving the car, and the technology should watch them. Make the driver do what they should be doing anyway, pay attention. But add the technology as an extra safety feature that can intervene if the driver makes a mistake, is going to jump a red light, is about to change lane when a car is approaching, etc. This way, drivers don't rely on it. Think of ABS brakes. Nobody goes around slamming hard on their brakes as a matter of routine, relying on the ABS to slow them down without skidding. People brake just like they always did, but in the *rare* occasions when you slam your brakes on, the system kicking in might get you out of trouble.

        Distracted drivers was a bad enough problem, especially in the US, since most drivers learn on an automatic where you can drive one handed thumbing through facebook, unlike in Europe where most drivers pass very intensive tests on manual cars that require two hands and full attention. But introducing even more technology that (despite the lame disclaimers and warnings) only assists distracted drivers to be even more distracted, is a recipe for disaster.

        One day, machines will be able to drive cars better than any human. We'rere not there yet, and probably won't be for many years. Until then, these systems do nothing to improve safety, they simply enable lazy distracted people to be even more lazy and distracted.

        And I haven't even got into the legal liability issue of whether the lazy distracted driver, or the company that sold them a product which positively encourages lazy distracted behaviour, is responsible.

        In my opinion, this driver should be held accountable for the death his stupidity cause, and the company that enabled him via such dangerous technology should be fined heavily, and perhaps held criminally liable too.

        1. David Hicklin Bronze badge

          Re: Lack of due care

          > The issue is self-driving cars. What is the point?

          Wish I could upvote you more than once.

          Complete loss of situational awareness , how the hell is the driver expected to take control in an instant? If I have to sit there watching everything I might as well drive it instead.

          1. GuldenNL

            Re: Lack of due care

            Like losing your head over a Harry Potter movie?

            https://www.freep.com/story/money/cars/2016/07/01/tesla-driver-harry-potter-crash/86596856/

        2. theOtherJT Silver badge

          Re: Lack of due care

          The self-driving tech might be 99.9% reliable, but when the 0.1% can kill people, it's not enough.

          This is being done completely the wrong way around. The driver should be driving the car, and the technology should watch them

          I get what you're saying, but in a lot of ways the same problem applies. What happens when the driver is doing the right thing and the technology decides, incorrectly, that they're not? A lot of driving decisions have to be made quite extraordinarily quickly. We're all so used to it it doesn't seem weird, but when someone is joining a fast flowing road you're already on what do you do? Speed up and get past them? Slow down and let them in? Change lane to make space for them?

          You make those choices based on experience and normally have to do so in the space of a couple of seconds or the opportunity to make some of those choices goes away. Didn't decide to speed up fast enough? Can't now, there isn't time. Didn't decide to slow down fast enough? Now the guy behind you is too close and it's not safe. Didn't decide to move over fast enough? Well, now there's someone too close in that lane and you can't go there anymore without endangering them.

          One of the last things I want when making a decision like that is the car second-guessing me. If I start to try and pull over and it goes all "Lane departure warning noise!" and tries to straighten the wheel back up because it wasn't expecting me to do it, that is not helpful because in the time it wasted that choice may now no longer be available to me.

          When systems like this don't work 5-nine's of the time they're worse than not having them at all.

        3. Eye Know

          Re: Lack of due care

          It's to sell cars, there will be no improvement in safety because sending very heavy boxes on wheels through towns at 30mph will always kill people, especially children.

      2. Charlie Clark Silver badge
        Stop

        Re: Lack of due care

        So, you're saying that all parts of the human vehicle interface should be standardised? By whom? Why should it be Android Auto or Apple Carplay? I don't know about Android Auto, but Apple likes to collect fees for this kind of thing so anything that mandates it would be subject to challenge. And what about if you don't have a phone? Or are in a rental car?

        SWMBO's car doesn't does support Android Auto, but only via USB which is a bit of a faff. We know that the builtin VW maps have the odd problem and react to traffic slowly, so I normally have Here running on my phone on the navigator side, but the builtin software also works with the mini-display built into the cockpit, which is easier to see when actually driving.

        1. Anonymous Coward
          Anonymous Coward

          Re: Lack of due care

          Actually, Apple and Android work roughly the same in the car, with one MASSIVE difference: if you have Car Android, Google will want you to log in to have access to functionality and worse, it will force an age check on you. That is utter BS, all it means is that you're forced to confirm your identity and give Google even more data.

          Oh, and forget installing actual useful stuff like en e-reader app when you're waiting to charge an EV because they can't lob advertising at you like they can when you use the built-in Youtube. Which doesn't work when you're on the move, because God knows you should not be able to entertain a passenger, oh no.

          Apple does not export and steal quite as much data, nor is it as grievous an ad slinger, but the main functions don't differ much. Oh, wait, Goole monopolises the instrument cluster - that map (and its data snooping) cannot be disabled.

          As for standardisation; you do know that the location of brake, clutch and accelerator was originally different for various brands when the car industry started? OK, it's a while back (the first time the current config appeared was in 1916), but before that it was not a standard. Neither was the H pattern for manual gear shifts as we have today, and we still find the reverse in manual cars in various locations, with different mechanisms to prevent accidental engagement.

          1. Charlie Clark Silver badge

            Re: Lack of due care

            I have quite a few options for navigation Android Auto that do not require Google Maps, which is disabled.

            As for standardisation; you do know that the location…

            Yes, and that was my point.

      3. Michael Wojcik Silver badge

        Re: Lack of due care

        I would rather have drivers not fucking with navigation, or messages, or anything else not related to actually operating the motor vehicle, while the vehicle is in operation.

        If someone sends me a text message while I'm driving, I read it when the vehicle is parked. If that isn't for another couple of hours, too bad for the sender. For most of my life it was rarely possible to communicate with someone driving a vehicle (that you weren't also present in), and many of us survived.

        On the rare occasions where I'm using navigation (as opposed to maps, or just knowing where I'm going because I have a measure of life competence), either it's in hands-free voice-directions mode,1 or I look at it when the car is parked. Same for entering the destination and so on: that happens only when the car is parked. If I need to stop briefly to operate it, then I stop briefly.

        I don't trust Android Auto or Apple Carplay for a moment, and there's no way I'm ever giving a car's irritainment system that level of access to my phone.

        1Still something of a distraction, but only briefly and sporadically, and less so than radio, conversation with passengers, etc. I think the risk is low.

      4. Anonymous Coward
        Anonymous Coward

        Re: Lack of due care

        You're expected to know the controls of your car before you use it.

        The UK driving test involves the examiner setting the satnav and the hopeful examinee following its instructions.

  10. Sceptic Tank Silver badge
    Childcatcher

    Item for the next code review

    I also sometimes forget to negate, e.g.:

    ...

    if (too_slow() && bike_ahead()) accelerate();

    ...

    1. Charlie Clark Silver badge
      Joke

      Re: Item for the next code review

      So that was you last week! I got really quite scared when some bastard tried to carve me up. Might want to check your paintwork!

  11. Eclectic Man Silver badge
    Boffin

    GPS - Washington State

    "Washington State does not permit self-driving vehicles to operate, with the exception of companies that have entered into certified testing arrangements with the Department of Licensing."

    The borders of Washington State being fairly well known, why doesn't Tesla use GPS positioning to turn off Full Self Driving mode availability inside the state? Or is that too complicated and difficult? Reg Boffins please advise.

    1. Johnb89

      Re: GPS - Washington State

      Because rules don't apply to tesla. Obvs.

    2. Dan 55 Silver badge

      Re: GPS - Washington State

      It is not that complicated and difficult. All that has to happen is when the car crosses the border it could act as if the driver were not paying attention so the driver would have to turn off assisted driving within a certain amount of time or get a "forced disengagement".

  12. imanidiot Silver badge

    How long will Tesla get away with it?

    So far with "incidents" like this Tesla simply claims that the driver is operating the vehicle outside the limitations it's set in the owners manual and therefore it's not their problem. Imho this argument just cannot last. Incidents like this are becoming structural and no longer incidents. The red thread between them is Tesla's "Autopilot" system and there must come a point when Tesla must be held liable for it's part in creating the circumstances. You can't just put hand grenades in the hands of monkeys and expect everything to work out fine.

    1. UnknownUnknown

      Re: How long will Tesla get away with it?

      “ As of June 2023, Tesla's Autopilot (a subset of FSD capabilities) had reportedly been involved in 17 fatalities and 736 crashes.”

      That’s higher than negative impacts from Covid Vaccines”.

      Where are the Anti-Tesla-er’s and conspiracy nutjobs on FB and Xitter.

      Most people negative to Musk on here is largely because he is a douche-bag.

    2. Anonymous Coward
      Anonymous Coward

      Re: How long will Tesla get away with it?

      To be fair…. Every crash with FSD gets reported in the news… along with every EV fire.

      Let’s face it… a lot of people will be using FsD without paying attention.

      I’d be more interested if the FSD or Mororcyclist was at fault here.

      1. ICL1900-G3

        Re: How long will Tesla get away with it?

        @ac - you don't think the fact that the driver looking at his phone might possibly have been a contributory factor?

        1. Anonymous Coward
          Anonymous Coward

          Re: How long will Tesla get away with it?

          If the driver had really been looking at his phone, the FSD system would have identified it automatically as per the T&C and disengaged...

      2. Jonathan Richards 1
        Flame

        Re: How long will Tesla get away with it?

        We're told that the motorcyclist was struck from behind. Without further evidence: No way is that the motorcyclist's fault. Tesla should have been sufficiently far behind the motorcycle to stop safely even if the motorcycle braked hard, whether it's on «autopilot» or not.

        Also: let's NOT face it, that people will use FSD without paying attention. Let's make it as near to impossible as we can, and punish those that find a way.

  13. Phil O'Sophical Silver badge

    "Use of Full Self-Driving (Supervised) will be suspended if improper usage is detected."

    What does this actually mean? Does the car pull over safely until the driver takes manual control, or is it just "Beep!, hey meatbag, wake up and drive" and then disengages FSD while still barrelling along at 70?

    1. Lee D Silver badge

      Whatever it is, it doesn't work, because this guy was on his phone with "FSD" (*cough*) enabled and killed someone.

  14. Nematode

    Who actually WANTS their car to be self-driving? And is there a correlation between the answer to that and the likelihood of that person not giving a **** what happens while they are on board / on their phone / having a shave / doing something else entirely inappropriate? The world is going utterly mad.

    1. Lee D Silver badge

      I don't want *MY* car to be self-driving.

      I would like a self-driving car to be available as a technology for certain people, purposes and areas.

      For instance, I'd far prefer a self-driving car to pick me up and drop me off at Gatwick Long Stay Parking to get me to/from the terminal than waiting 15 minutes for a bus to arrive, fill up, and get moving.

      It's really annoying that we apparently just SKIPPED OVER all those use cases and let people jump to "let it take control, but only on a motorway", which is the dumbest thing ever.

      Why not self-driving golf carts? Self-driving airport baggage vehicles? Self-driving trolleys in ASDA? Self-driving kiddie rides around the shopping centre at 5mph? Self-driving Amazon delivery cars? Self-driving "tour buses" around cities that you can take and just plug in the attraction you want to see.

      The number of things we COULD use self-driving cars, at less speed, less risk, in highly-mapped environments with extra sensors or barriers to curtail them running off, etc. is enormous.

      You know what I don't want? A self-driving idiot on a phone in a personal car that's not able to self-drive, on a motorway, in a country where that's "their fault" if they crash. I don't want that to be possible at all, until it can take you and a buddy from hole 8 from hole 7 without intervention.

      It would be lovely to think of self-driving Ubers, but it's not there. Several companies have tried that and still killed people. And, yes, I hold them to a higher standard than a human because - and get this - corporate liability cannot jail anyone because their product killed someone. Therefore they have less incentive (only monetary) to stop their products killing people. So they should be held to a higher standard.

      I want to know why we just UTTERLY SKIPPED OVER perfect testing grounds and went immediately to motorway-death-speeds.

      1. Anonymous Coward
        Anonymous Coward

        Self-driving trains, strike-free.

    2. theOtherJT Silver badge

      "Who actually WANTS their car to be self-driving?"

      I do. I want that. A lot.

      Look, I love driving. I'm a firm believer that rear-wheel-drive is correct-wheel-drive, and that the correct number of cylinders for an engine must always be at least 6. I take my motorcycle out for weekends just for the fun of it. Back when I could justify having only 2 seats I drove a beautiful little roadster and I would take that out just for the fun of it too.

      ...But I also have to occasionally drive between Oxford and London and I do not want to because both of those places are absolutely fucking hateful places to try and drive in. Unfortunately between where I live and where I need to be the public transport sucks - doubly so given what they've now been doing to Oxford train station for what feels like the last 200 years.

      I really, really want - on those occasions that driving is about to make me utterly fucking miserable because I'm going to be doing it in stop-start traffic at an average of 4mph - to be able to press a button on my dashboard and go "Ok, car, I'm going here, you take me and I'll get one with some light reading, ok?"

      1. Lee D Silver badge

        Re: "Who actually WANTS their car to be self-driving?"

        I live near Oxford. Drove into it once to meet a date.

        Never again, on both counts.

      2. joshperry

        Re: "Who actually WANTS their car to be self-driving?"

        This. I think it's become quite apparent that the powers-that-be have no clue how to solve the traffic problem in cities. I believe they are hanging their hopes that self-driving will fix it before the transportation system completely breaks down.

        I come from a relatively small city, Salt Lake UT, and the traffic is so bad that they can't add roads fast enough. Even the 12-lane N/S freeway has become saturated already. They are pulling out all the stops to implement novel traffic control(diverging diamonds, continuous flow, dynamic direction lanes, left turn after intersection), but it doesn't help much and are actually somewhat more dangerous as people are forced to understand them in situ.

        1. Terry 6 Silver badge

          Re: "Who actually WANTS their car to be self-driving?"

          I think it's become quite apparent that the powers-that-be have no clue how to solve the traffic problem in cities.

          Oh they do! What they lack is political will. And public support, I guess in a democracy.

          Congestion charging, improved public transport and decentralised employment.

          You remove the need to drive and discourage the wish to.

  15. HankScorpio

    Full Self-Driving (Supervised) mode - what's the point?

    FTA - "Tesla's Model S Owner's Manual states, "Like other Autopilot features, Full Self-Driving (Supervised) requires a fully attentive driver and will display a series of escalating warnings requiring driver response. You must keep your hands on the steering yoke (or steering wheel) while Full Self-Driving (Supervised) is engaged. In addition, the cabin camera monitors driver attentiveness (see Cabin Camera)"

    I genuinely fail to see the point of using a "Self Driving" car if you have to essentially be sat alert at all times, with your hands on the wheel, ready to take over at a moments notice. I understand it from the point of view that the technology is not yet to a point where this is not required, as we have sadly seen in this case.

    The part I don't understand is why anyone would want to use a "self driving" car when you can never fully relax, you might as well just drive the car. I don't see what benefits, in it's current supervised from it offers. Genuine question, other than providing testing data for Tesla, what are the benefits to the driver of using Full Self-Driving (Supervised) ?

    1. Michael Wojcik Silver badge

      Re: Full Self-Driving (Supervised) mode - what's the point?

      I genuinely fail to see the point of using a "Self Driving" car if you have to essentially be sat alert at all times, with your hands on the wheel, ready to take over at a moments notice.

      The point, I believe, is for Tesla to get more money from idiots, and for idiots to congratulate themselves on having extra shiny.

    2. joshperry

      Re: Full Self-Driving (Supervised) mode - what's the point?

      The point is to train the Tesla FSD AI. Without a flow of human-created data around disengagements, it can not progress. Much like Satan, AI cannot create; it requires the spark of the human soul. In my mind, it's quite a shame the results of such a large undertaking is all to the sole benefit of a private corporation (the safety concerns notwithstanding).

  16. david1024

    We need to fix this

    There should be a standardized, regulation-controlled, marker that can be placed on people or objects that these systems should be required to respond to. I don't care how hard or inconvenient that would be... we already have blinkers and brake lights... just add this. Or modify the brake light shape and require the update. There is no good reason for this person to have been killed by that system--I don't care what the capability is or is not. We can fix this and we should--there's no excuse for things being this dangerous and so easy to miss-operate and kill someone so easily with a small omission.

    1. Michael Wojcik Silver badge

      Re: We need to fix this

      Ooh, I like this. I'd buy a bunch of these "markers" and put them on various objects along the (private) road I live on.

  17. hoola Silver badge

    Who is prosecuted?

    This takes us full circle with all this self driving autopilot crap.

    I don't care what the situation or the stupidity of the drive is but Tesla needs to be prosecuted and named individuals taking the same legal penalties as another driver does. The driver also needs prosecuting as well.

    Until we sort out the liability and responsibility so that there are named people at the manufacturer who can be prosecuted and if necessary jailed it it currently a wet dream for the likes of Tesla, they simply cannot lose and may get a fine or that is simply lost in the noise.

    If C-Suite people were directly liable they would not be so keen to push crap out.

    1. Anonymous Coward
      Anonymous Coward

      Re: Who is prosecuted?

      Previous cases have involved people who could have taken actions to prevent their own demise. i.e the driver, or an adult passenger who could have stopped the driver or gotten out.

      This case will be a third party killed by the vehicles "driver" which is supplied by Tesla. It is a very, very different case if the widow goes after Tesla.

      Consider this case. A car company, we'll call them X, so we don't defame an actual car company, finds it makes good money selling its GPUs and runs out. So they send the most junior HR person down to the labour exchange and employ a foreign bloke from Canada or Granada or somewhere. He has never held a drivers license. He has never passed any state mandated driving test. He says he has done "heaps of driving"

      X gives him a silver spandex uniform with "Optimus" embroidered above the pocket, and charges customers $12000 dollars and $99 a month to have "Optimus" drive the car whenever they want to answer an email, apply Preparation H or whatever.

      People notice that "Optimus" doesn't seem to see motorcyclists and bicycles and report this. Maybe X sends him an email about his driving or maybe they don't.

      "Optimus" kills a motorcyclist when he is driving, and flees back to the third world shithole he came from.

      Is X liable?

  18. M7S

    It seems very simple

    Why does the “FSD” not link to the gos so that where it is not legal, it cannot be engaged?

    Alternatively, as an advanced motorcyclist (and driver) can I be allowed to pre-emptively shoot any Tesla that “might” be within FSD “range” as a self defence measure!?

  19. Johnb89

    I'm sure the motorcyclist had signed the liability waiver

    I'm sure the motorcyclist had previously signed a water tight legal document absolving tesla of any all liability for injuries or death resulting from tesla testing their alpha quality death machines on real roads.

    We've all signed that. Don't you recall doing it?

    At least that's what tesla's lawyers will tell the court.

    My condolences to the motorcyclist's family.

  20. Ian Johnston Silver badge

    All "Full Self Driving" means is that it will try to recognize and obey STOP signs. That's it. That's all you get on top of standard Autopilot.

  21. Sanguma

    ancient 70s joke

    about the self-flying airliner: "This is your autopilot speaking to the passengers. Rest assured that owing to the care with which I am programmed, nothing can got wrong go wrong go wrong go wrong go wrong ..."

  22. martinusher Silver badge

    All to common, unfortunately

    Anyone who rides knows all about this type of crash where a vehicle pulls out in front of you and the driver says "I never saw them". It doesn't matter if its a human or a computer operating the car, the problem is that the motorcycle front area and apparently sudden appearance is very easy to miss. You as the rider have two choices, one being to say that "I've got the right of way" and trust the other driver (and to, effectively, luck), the other is to take what seems like premature and frequently unnecessary avoiding actions. Since we always come off worse if pays to be paranoid.

    I'm not excusing the driver, note. They were negligent in that they weren't paying attention (they're on their bloody phone -- those things are a menace! and whether or not it was a Tesla or not is irrelevant except for one tiny detail -- Teslas take off way too quickly from a standing start, its a fruitful source of nailed pedestrians in parking lots. This take off combined with a driver not paying attention and a pretend self-driving mode is a perfect storm, an accident waiting to happen. It won't always happen but when it does it will be nasty.

    (BTW -- Been riding for about 60 years, don't like falling off., it hurts.)

  23. Eye Know

    Every other form of transport is held to a higher standard

    Why is it that cars and their drivers are exempted from the high standards we hold aeroplanes, trains, trams and even buses to?!

    As for the case, the driver set out to use the car in a dangerous and illegal way. Much like speeding, this was premeditated.

  24. JohnH108

    This needs to be stopped I don't want to be sacrificed on the alter of Elron.

  25. Anonymous Coward
    Anonymous Coward

    >cough<

    Got a video from a client who had screen recorded a visit to a US site via VPN that is rather famous for showing various forms of hanky-panky. By 'various' I mean 'most'!

    A very easy-on-the-eye blonde English girl was enjoying the full attentions of the 'driver' while sitting astride his 'lap' with her back to the windscreen. The car was a Tesla and he was certainly distracted for a considerable amount of time as he was also operating the camera at the same time, all the while being passed by or passing BIG TRUCKS and other cars and motorbikes.

    I don't know about the driver but if I saw that going on in a vehicle I was passing I think I'd be distracted as well!

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