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Tesla filed a lawsuit Saturday against Alameda County in an effort to invalidate orders that have prevented the automaker from reopening its factory in Fremont, California.

The lawsuit, which seeks injunctive and declaratory relief against Alameda County, was first reported by CNBC. The lawsuit was filed in U.S. District Court for California’s Northern District.

Earlier Saturday, Tesla CEO Elon Musk tweeted that he was filing a lawsuit against Alameda County and threatened to move its headquarters and future programs to Texas or Nevada immediately.

Tesla had planned to bring back about 30% of its factory workers Friday as part of its reopening plan, defying Alameda County’s stay-at-home order. Musk was basing the reopening on new guidance issued Thursday by California Gov. Gavin Newsom that allows manufacturers to resume operations. The guidance won praise from Musk, who later sent an internal email to employees about plans to reopen based on the governor’s revised order. However, the governor’s guidance included a warning that local governments could keep more restrictive rules in place. Alameda County, along with several other Bay Area counties and cities, last week extended the stay-at-home orders through the end of May. The orders were revised and did ease some of the restrictions. However, it did not lift the order for manufacturing.

The lawsuit argues that by preventing Tesla from opening, the Alameda County is going against its own guidance.

“Alameda County has expressly recognized and publicized that “businesses may . . . operate to manufacture” batteries and electric vehicles,” the complaint reads. “Inexplicably, however, the Third Order as well as County officials have simultaneously insisted that Tesla must remain shuttered, thereby further compounding the ambiguity, confusion and irrationality surrounding Alameda County’s position as to whether Tesla may resume manufacturing activities at its Fremont Factory and elsewhere in the County.”

The term “third order” is a reference to a revised stay-in-place order issued by Alameda County.

On Friday, the Alameda County Health Department said Tesla had not been given “the green light” to reopen and said if the company did, it would be out of compliance with the order.

Read the full complaint here.

Tesla v Alameda County Comp… by TechCrunch on Scribd


TechCrunch

In a press conference this evening, California Governor Gavin Newsom ordered “all individuals living in the State of California to stay home or at their place of residence” to stop the spread of the novel coronavirus disease.

Earlier this week, Mayor London Breed issued a shelter in place for six Bay Area counties, including San Francisco, through April 7. Newsom’s order for the entire state will be mandated until further notice.

Essential businesses will remain opened within the state. This includes gas stations, pharmacies, grocery stores, food banks, farmers markets, and restaurants that offer takeout and delivery service. Businesses that must shutter indefinitely include dine-in restaurants, nightclubs, gyms, fitness studios, convention centers, and entertainment venues.

This decision to close restaurants and keep people inside their homes comes after Newsom claimed that roughly 56 percent of Californians are likely to get COVID-19.


TechCrunch

A Tesla Model S was in Autopilot mode —the company’s advanced driver assistance system — when it crashed into a fire truck in Southern California last year, according to a preliminary report released Tuesday by the National Transportation Safety Board.

Reuters was the first to the report on the contents of the public documents. A final accident brief, including NTSB’s determination of probable cause, is scheduled to be published Wednesday.

The crash, involving a 2014 Tesla Model S, occurred Jan. 22, 2018 in Culver City, Calif.  The Tesla had Autopilot engaged for nearly 14 minutes when it struck a fire truck that was parked on Interstate 405. The driver was not injured in the crash and the fire truck was unoccupied.

Tesla has not commented on the report. TechCrunch will update if the company provides a statement.

The report found that the driver’s hands were not on the wheel for the vast majority of that time despite receiving numerous alerts. Autopilot was engaged in the final 13 minutes and 48 seconds of the trip and the system detected driver-applied steering wheel torque for only 51 seconds of that time, the NTSB said. Other findings include:

  • The system presented a visual alert regarding hands-off operation of the Autopilot on 4 separate occasions.
  • The system presented a first level auditory warning on one occasion; it occurred following the first visual alert.
  • The longest period during which the system did not detect driver-applied steering wheel torque was 3 minutes and 41 seconds.

In the 2018 crash into a fire truck, the vehicle was operating a “Hardware Version 1” and a firmware version that had been installed via an over-the-air software update on December 28, 2017. The technology provided a number of convenience and safety features, including forward, lane departure and side collision warnings and automatic emergency braking as well as its adaptive cruise control and so-called Autosteer features, which when used together

While the report didn’t find any evidence that the driver was texting or calling in the moments leading up to the crash, a witness told investigators that he was looking down at what appear to be a smartphone. It’s possible that the driver was holding a coffee or bagel at the time of the crash, the report said.

Autopilot has come under scrutiny by the NTSB, notably a 2016 fatal crash in Florida and a more recent one involving a Walter Huang, who died after his Model X crashed into a highway median in California. The National Highway Traffic Safety Administration also opened an inquiry into the 2016 fatal crash and ultimately found no defects in the Autopilot system. NTSB determined the 2016 fatal crash was caused by a combination of factors that included limitations of the system.

The family of Huang filed in May 2019 a lawsuit against Tesla and the State of California Department of Transportation. The wrongful death lawsuit, filed in California Superior Court, County of Santa Clara, alleges that errors by Tesla’s Autopilot driver assistance system caused the crash.


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