Why an expert claims Tesla’s self-driving cars will turn Australian drivers into “guinea pigs”

Self-driving cars were once confined to the realms of science fiction, but now, they’re very real – and have arrived on Australian roads.

There’s no doubt Tesla’s latest full self-driving technology is impressive, and as 60 Minutes found out, surprisingly easy to get used to.

But, for all its benefits, the technology brings a myriad of risks to our streets and has attracted its critics.

Among them is Dillon Angulo, who was at the centre of a recent verdict in an American courtroom, where the carmaker was found partially responsible for a crash that critically injured him and killed his girlfriend, Naibel Benavides Leon.

60 Minutes took Tesla’s self-driving car for a test drive around Sydney. (60 Minutes)How do Tesla’s self-driving cars actually work?

Tesla CEO Elon Musk has been promising self-driving technology for years, telling customers their cars are right on the cusp of being fully autonomous.

But to critics, they’re overinflated promises that have lulled some car owners into a false sense of security.

Like Elon Musk, Dr Missy Cummings has spent a lifetime testing the limits of technology.

Unlike the Tesla boss, she doesn’t have confidence in his self-driving cars.

One of the US Navy’s first female fighter pilots, Cummings is now director for the Autonomy and Robotics Centre at Virginia’s George Mason University.

“I think self-driving cars do not think … they don’t reason like humans reason,” she told 60 Minutes.

“The car can do almost anything, safer than a human.” (60 Minutes)

Cummings says Teslas are at a disadvantage because of the sensors they rely on to decipher the world around them.

While most self-driving car manufacturers combine three different technologies, LiDAR (3D mapping), radar and cameras, Elon Musk insists cameras are all Teslas need to remain safe.

“You can absolutely be superhuman with just cameras,” he said.

But, according to Cummings, it’s not enough to ensure safety.

“Tesla says they don’t need the radar and they don’t need the LiDAR… this is just flat out incorrect,” she told 60 Minutes.

“Robots cannot operate in safety critical systems with just one sensor. You must, must, must have multiple sensors and execute sensor fusion to be safe in the world.”

Cummings said this can mean in some cases, Teslas have ploughed headlong into hazards that would be immediately obvious to human eyes, including stopped vehicles on the highway or tractor trailers.

“My estimation is that they’re trying to make money. Those other sensors are very expensive,” she said.

Dr Missy Cummings is a world-leading expert in autonomous systems. (60 Minutes)Tesla in court

In April 2019, Florida police arrived at the scene of a serious crash to find Tesla finance executive George McGee, who was quick to admit he didn’t have his eyes on the road. 

His Tesla Model S was operating on autopilot when he dropped his phone and bent down to look for it, confident any obstacles would be detected and avoided by the self-driving technology.

It was a momentary distraction that would prove fatal. 

The Tesla’s cameras failed to detect a stop sign, and McGee ploughed through an intersection, slamming into a parked 4WD and two people standing beside it.

27-year-old Dillon Angulo was critically injured in the crash and his girlfriend, Naibel Benavides, was killed after being thrown more than 20 metres from the car.

Dillon Angulo’s happy, active life was forever ruined by the crash. (60 Minutes)

Angulo and Benavides’ family sued not only the driver of the Tesla, but the car manufacturer itself.

They boldly refused a private settlement, going public with their fight to hold the richest man in the world accountable for his overhyped claims about his vehicle’s abilities.

They ultimately won, with a federal jury in Florida two months ago finding the automaker partially liable for the crash.

The jury found McGee 67 per cent liable for the crash, and Tesla 33 per cent liable.

Speaking with 60 Minutes, Angulo said he felt like an experiment. 

“This technology wasn’t ready yet, and it failed … it killed Naibel and severely injured me,” he said.

Brett Schriber led the charge against Tesla in the courtroom. (60 Minutes)

Brett Schrieber, one of America’s top lawyers in wrongful death cases, led the charge against Tesla in the courtroom, convincing the jury Tesla’s technology failed to live up to expectation. 

“[The driver] had an expectation based upon the marketing … the fact that he spent $5000 extra on something called enhanced autopilot,” he told 60 Minutes.

“One would think that that would do something, and it did nothing.” 

Proving the technology had failed was made even more challenging when Tesla insisted data from the car didn’t exist – a claim that was later revealed to be a lie.

When the data was discovered, Tesla was sanctioned by the court for withholding evidence.

“The data from the autopilot computer showed that … it didn’t warn, it didn’t brake – all it did 1.3 seconds before impact was shut off,” he said.

Cummings testified against Tesla during the trial, and told 60 Minutes the crash clearly demonstrated the flaws in Tesla’s technology.

She said the car maker has been effectively experimenting with its software on public roads, putting lives at risk.

“I think Tesla drivers are guinea pigs. But I think the bigger problem is so is everyone else on the road,” she said.

Is Australia ready?This ad, released by the federal government earlier this year, warns Australians that automated vehicles are coming to our roads. (60 Minutes)

In April this year, after a meeting with Tesla, a top government policy adviser wrote to transport departments across the country, delivering them a stark warning.

“The technology is extremely advanced, and brings risks of drivers becoming complacent or over-reliant on the system, while still being liable,” they said.

As it stands, automated vehicles are legal if the driver is in control – but it’s at the discretion of the police.

That means if something goes wrong, the driver could be fined and lose demerit points for driving with their hands off the wheel.

Right now though, it seems the technology has outpaced our decision makers.

While the federal government is planning to create new laws for automated vehicles, it won’t be until next year.

If you ask Dillon Angulo, the potential convenience of a self-driving car isn’t worth the risk.

“I think they’re very dangerous … they’re influencing people to believe that these cars are fully autonomous.” 

“Don’t be fooled by the marketing of these cars. Don’t be fooled by what Elon Musk says.”

Statement from a spokesperson for Transport Minister Catherine King: 

“Road safety is a key priority of the Australian Government, which is why we regulate the standard of vehicles at the point of first provision to the Australian market.

The Government is working closely with state and territory governments and the National Transport Commission to develop a regulatory framework for the safe use of automated vehicles (vehicles with an ADS) on public roads when they become available in Australia.

Tesla FSD-S is an Advanced Driver Assistance System (ADAS) designed to assist with some driving tasks, but it is not an Automated Driving System (ADS). ADAS systems have the potential to bring significant road safety improvements to the Australian community when well developed and used correctly.

Drivers are responsible for their actions on the road, regardless of their use of ADAS features. State and territory road laws require drivers to retain proper control of the vehicle at all times, and states and territories are responsible for enforcing these laws.

While Australian Design Rules apply to some common ADAS features, they do not regulate all aspects of a vehicle’s features of design. This is to allow for innovation in the market and the continued advancement of safety technologies. The Australian Government regulates and improves the minimum safety level of vehicles through the Australian Design Rules where there are identified safety risks and an established technical solution to mitigate or reduce the severity of that risk.”

Tesla declined 60 Minutes’ request for comment.

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