Fatal Crash in California At Least Fourth U.S. Death Surrounding Tesla's Autopilot Software

A fatal car crash in Southern California is at least the fourth death involving a Tesla on autopilot, the National Highway Traffic Safety Administration said Friday,

The NHTSA is looking into the May 5 crash in Fontana that killed the 35-year-old male driver of a Tesla Model 3 that struck an overturned semi on the freeway at around 2:30 a.m.

The car was operating on Tesla's partially automated driving system called Autopilot, California Highway Patrol (CHP) said.

"While the CHP does not normally comment on ongoing investigations, the Department recognizes the high level of interest centered around crashes involving Tesla vehicles," the agency said in a statement. "We felt this information provides an opportunity to remind the public that driving is a complex task that requires a driver's full attention."

For more reporting from the Associated Press, see below:

The federal safety investigation comes just after the CHP arrested another man who authorities have said was in the back seat of a Tesla that was driving this week on Interstate 80 near Oakland with no one behind the wheel.

CHP has not said if officials have determined whether the Tesla in the I-80 incident was operating on Autopilot, which can keep a car centered in its lane and a safe distance behind vehicles in front of it.

But it's likely that either Autopilot or "Full Self-Driving" were in operation for the driver to be in the back seat. Tesla is allowing a limited number of owners to test its self-driving system.

Tesla, which has disbanded its public relations department, did not respond Friday to an email seeking comment. The company says in owner's manuals and on its website that both Autopilot and "Full Self-Driving" are not fully autonomous and that drivers must pay attention and be ready to intervene at any time.

Autopilot at times has had trouble dealing with stationary objects and traffic crossing in front of Teslas.

In two Florida crashes, from 2016 and 2019, cars with Autopilot in use drove beneath crossing tractor-trailers, killing the men driving the Teslas. In a 2018 crash in Mountain View, California, an Apple engineer driving on Autopilot was killed when his Tesla struck a highway barrier.

Tesla's system, which uses cameras, radar and short-range sonar, also has trouble handling stopped emergency vehicles. Teslas have struck several firetrucks and police vehicles that were stopped on freeways with their flashing emergency lights on.

For example, the National Highway Traffic Safety Administration in March sent a team to investigate after a Tesla on Autopilot ran into a Michigan State Police vehicle on Interstate 96 near Lansing. Neither the trooper nor the 22-year-old Tesla driver was injured, police said.

After the Florida and California fatal crashes, the National Transportation Safety Board recommended that Tesla develop a stronger system to ensure drivers are paying attention, and that it limit use of Autopilot to highways where it can work effectively. Neither Tesla nor the safety agency took action.

In a Feb. 1 letter to the U.S. Department of Transportation, NTSB Chairman Robert Sumwalt urged the department to enact regulations governing driver-assist systems such as Autopilot, as well as testing of autonomous vehicles. NHTSA has relied mainly on voluntary guidelines for the vehicles, taking a hands-off approach so it won't hinder development of new safety technology.

Sumwalt said that Tesla is using people who have bought the cars to test "Full Self-Driving" software on public roads with limited oversight or reporting requirements.

"Because NHTSA has put in place no requirements, manufacturers can operate and test vehicles virtually anywhere, even if the location exceeds the AV (autonomous vehicle) control system's limitations," Sumwalt wrote.

He added: "Although Tesla includes a disclaimer that 'currently enabled features require active driver supervision and do not make the vehicle autonomous,' NHTSA's hands-off approach to oversight of AV testing poses a potential risk to motorists and other road users."

NHTSA, which has authority to regulate automated driving systems and seek recalls if necessary, seems to have developed a renewed interest in the systems since President Joe Biden took office.