“Completely false” was Tesla’s characterization of a petition alleging sudden unintended acceleration in Model S, Model X and Model 3 vehicles—not NHTSA’s conclusion. In January 2021, the agency denied the petition because the information it reviewed did not provide sufficient evidence to warrant further action at that time. NHTSA’s review found no vehicle-based cause in the available data for 118 crashes, but it did not declare unintended acceleration impossible or rule out future action.
What did Tesla mean by “completely false”?
Brian Sparks filed a petition with the National Highway Traffic Safety Administration (NHTSA) on December 19, 2019, asking the agency to recall Tesla Model S, Model X and Model 3 vehicles over an alleged defect causing sudden unintended acceleration (SUA). Tesla’s response, as reported at the time by Consumer Reports, called the petition “completely false” and said it had been brought by a Tesla short-seller. That characterization and the claim about the petitioner’s motive were Tesla’s, not findings by NHTSA.
Tesla also told Consumer Reports: “We are transparent with NHTSA, and routinely review customer complaints of unintended acceleration with them.” The agency opened defect petition DP20-001 on January 13, 2020, and published its denial on January 13, 2021.
What did the petition allege?
Sparks’s petition argued that Tesla vehicles had a systemic SUA problem. It compared reported complaints for Tesla vehicles with complaints for a selected control group, using data the petitioner said were current as of September 14, 2019. The petition described its own report-counting method and limitations; its complaint counts and rate comparisons were the petitioner’s calculations, not NHTSA findings.
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| Petition figure | What it represents |
|---|---|
| 109 Tesla SUA complaints and 41 control-group complaints | Sparks’s reported counts. His calculations put the rates at approximately 14.39 versus just under one complaint per 100,000 vehicle-years. These are petition calculations, not rates established by NHTSA. |
| 3,000% more reported complaints for the 2016 Model X | The petition’s comparison with its selected control-group average. |
| Over 6,000% more reported complaints for the 2016 Model X | The petition’s comparison with the least-reported vehicle in its selected data. |
Those figures describe the petition’s chosen comparison and method. NHTSA’s proceeding instead examined reported incidents and available vehicle data; its analysis did not adopt the petition’s complaint-rate calculations as agency findings.
What incidents and vehicle data did NHTSA review?
NHTSA’s Office of Defects Investigation (ODI) summarized 232 unique alleged SUA incidents in the submissions, including 203 crashes. ODI reviewed 217 crash incidents: the petitioner’s 203 and 14 additional incidents. It examined crash data for 118; data were unavailable or had not been obtained for some incidents, particularly reports submitted after the review began.
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ODI classified six of the 217 reviewed crashes as unrelated to SUA and assessed 211 as related. Of those 211, 86% occurred in parking lots, driveways or other close-quarter, “not-in-traffic” settings. Nearly all occurred within three seconds of the alleged SUA event.
For 118 crashes with event data recorder (EDR) data, Tesla log data or both, NHTSA reported no evidence of a vehicle-based cause of unintended acceleration or ineffective brake performance. It said the vehicles responded as expected to accelerator and brake inputs and that it observed no acceleration or motor torque without accelerator-pedal application.
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What pedal and braking records showed
In the SUA crashes with log data reviewed by ODI, 97% had accelerator-pedal application of 85% or greater; in 97% of cases, peak application began within two seconds of the collision. NHTSA reported no recorded braking in 90% of those crashes. In the remaining 10%, braking began less than one second before impact. The agency said the available data and driver statements indicated pedal misapplication.
These findings apply to the incidents and records NHTSA could review. They are not a finding about every Tesla vehicle or every possible acceleration complaint.
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Why did NHTSA deny the petition?
NHTSA considered the petition’s allegations alongside information from Tesla, crash records, EDR and Tesla log data where available, vehicle safeguards, proposed defect theories, brake-system design and service history. Its January 13, 2021 notice said: “After reviewing the information provided by the petitioner and Tesla regarding the alleged defect and the subject complaints, NHTSA has concluded that there is insufficient evidence to warrant further action at this time.”
The agency also considered allegations about unexpected movement of an unoccupied vehicle and two third-party defect theories. Its notice explained why the available data and system information did not support those theories. The denial meant that the record before NHTSA did not warrant further action; it was not a universal determination that unintended acceleration could never occur.
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Did the denial close the matter permanently?
No. NHTSA expressly left open the possibility of acting on additional information. The notice states: “The denial of this petition does not foreclose the Agency from taking further action if warranted or the potential for a future finding that a safety-related defect exists based upon additional information the Agency may receive.”
The distinction matters: Tesla’s “completely false” phrase was its response to the petition; NHTSA’s formal decision was that the evidence it reviewed did not justify further action at that time.
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