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 division has confirmed that the Tesla was in Tesla's Full Self-Driving (Supervised) mode at the time of the collision," Loftis told The Register Wednesday.

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"Eventually, it will be up to the Snohomish County Prosecutor to determine if any charges are filed in the case."

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Jeff Nissen, 28, of Stanwood, Washington, was killed on April 19 when he was struck by a 2022 Tesla Model S. The crash occurred on eastbound State Route 522, east of Maltby.

According to court documents cited in a [4]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.

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The "vehicle lurched forward as it accelerated and collided with the motorcycle in front of him," the court filings reportedly stated.

Loftis said the driver was arrested on suspicion of vehicular homicide, based on his own admission that his attention was elsewhere and he was not in full control of his vehicle. The driver has posted bond and now awaits a charging decision.

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. Currently, Loftis said, Nvidia, Waymo, and Zoox are certified to test self-driving cars in the US West Coast state.

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"Laws on the issue of autonomous vehicle capacity might vary by state to state or locale, but it is imperative that the traveling public remember the driver/operator is ALWAYS responsible for the safe and legal operation of their vehicle in any locale in the State of Washington," said Loftis.

"A car may have the capacity to be driven autonomously but that does not give the driver the legal right to do so. "

Tesla did not respond to a request for comment.

As of June 2023, Tesla's [7]Autopilot (a subset of FSD capabilities) had [8]reportedly been involved in 17 fatalities and 736 crashes.

[9]Self-driving cars safer in sunlight, twilight another story

[10]Two big computer vision papers boost prospect of safer self-driving vehicles

[11]Rear-end crashes prompt probe into Amazon's Zoox self-driving cars

[12]How deliciously binary: AI has yet to pay off – or is transforming business

[13]Meta's AI safety system defeated by the space bar

Tesla's [14]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)."

The manual further claims, "Use of Full Self-Driving (Supervised) will be suspended if improper usage is detected."

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.

There are no self-driving vehicles on our roadways today available for consumer purchase

"​In reality, there are no self-driving vehicles on our roadways today available for consumer purchase," the US National Transportation Safety Board [15]explains on its website.

In September 2022, Tesla was [16]sued [PDF] by customers who claimed the automaker misled them by using terms that suggested that its vehicles could operate autonomously or would soon be able to do so, when the technology just isn't there yet. That case remains ongoing following Tesla's [17]failed attempt in May to have the claim dismissed.

Tesla supremo Elon Musk has positioned the car marker as a robotics and AI company, perhaps to encourage investor enthusiasm about the supposed revenue potential of its [18]delayed robotaxi and its planned line of Optimus humanoid robots. In the manufacturer's recent [19]Q2 2024 earning call , Musk touted the self-driving capabilities of Tesla cars.

"By far, the biggest differentiator for Tesla is autonomy," he claimed. "I still find that most people actually don't know how good the system is. And I would encourage anyone to understand the system better to simply try it out and let the car drive you around."

But don't actually let the car drive you around. As Tesla [20]states on its website, "Autopilot is a hands-on driver assistance system that is intended to be used only with a fully attentive driver. It does not turn a Tesla into a self-driving vehicle nor does it make a vehicle autonomous." ®

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[4] https://www.fox13seattle.com/news/tesla-motorcycle-crash-snohomish-county

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/aiml&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZqsIaVkz04-aS1Sgk6x-GAAAAIM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

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[7] https://www.tesla.com/support/autopilot

[8] https://www.washingtonpost.com/technology/2023/06/10/tesla-autopilot-crashes-elon-musk/

[9] https://www.theregister.com/2024/06/19/autonomous_driving_dim_conditions/

[10] https://www.theregister.com/2024/05/29/computer_vision_nature_self_driving/

[11] https://www.theregister.com/2024/05/13/zoox_nhtsa_rearend_collision/

[12] https://www.theregister.com/2024/07/30/ai_has_yet_to_pay/

[13] https://www.theregister.com/2024/07/29/meta_ai_safety/

[14] https://www.tesla.com/ownersmanual/models/en_us/GUID-2CB60804-9CEA-4F4B-8B04-09B991368DC5.html

[15] https://www.ntsb.gov/Advocacy/safety-topics/Pages/automated-vehicles.aspx

[16] https://storage.courtlistener.com/recap/gov.uscourts.cand.400427/gov.uscourts.cand.400427.1.0.pdf

[17] https://www.reuters.com/legal/tesla-must-face-vehicle-owners-lawsuit-over-self-driving-claims-2024-05-15/

[18] https://www.theregister.com/2024/07/16/tesla_robotaxi_event_has_been/

[19] https://www.fool.com/earnings/call-transcripts/2024/07/24/tesla-tsla-q2-2024-earnings-call-transcript/

[20] https://www.tesla.com/support/autopilot

[21] https://whitepapers.theregister.com/