Zhengdong City Supervision Bureau of Zhengdong New District: Order Tesla unconditionally to provide complete driving data half an hour before the accident

Recently, Tesla owners’ rights protection at the Shanghai Auto Show continued to ferment. In response to this incident, the Zhengdong New District Market Supervision and Administration Bureau of Zhengzhou City responded today (21st) and ordered Tesla Motors Sales Service (Zhengzhou) Co., Ltd. to immediately issue relevant driving data.

On April 19th, on the opening day of the 19th Shanghai Auto Show, at the Tesla Motors booth, two women wore T-shirts with “brake failure” and Tesla logo, which caused widespread concern. It is understood that on March 9th, Ms. Zhang, the subject of the “Shanghai Auto Show Rights Protection”, once sat on the roof of the Tesla car to defend rights in front of the Tesla store in Zhengzhou.

The relevant person in charge of the Zhengdong New District Market Supervision Bureau of Zhengzhou City responded a few days ago. On the afternoon of March 7, the bureau received a complaint from Ms. Zhang from the Zhengzhou Municipal Market Supervision Bureau about a Tesla car consumption dispute. The complainant reported the purchase The failure of Tesla’s brakes caused a traffic accident, and repeated negotiations with the 4S store failed, and the market supervision bureau was required to intervene to coordinate the handling of the return of the car and reasonably compensate for the loss. After preliminary review, the bureau accepted the complaint on March 8.

Afterwards, the Zhengdong New Area Market Supervision Bureau organized the complainant and Tesla Motors Sales Service (Zhengzhou) Co., Ltd. to conduct mediation three times on March 9, March 15, and March 24 respectively.

In the meantime, the complainant Ms. Zhang provided the vehicle purchase invoice, and Tesla provided the “Cargo Import Certificate”, “Three Guarantees Certificate”, “Compulsory Product Certification Vehicle Conformance Certificate”, and “Entry-Exit Inspection and Quarantine Inspection of Imported Motor Vehicles” single”. Due to the evidence submitted by both parties, it is impossible to prove whether there is a problem with the quality of the car, and inspection, testing and appraisal are required. The staff of the Zhengdong New Area Market Supervision Administration publicized the relevant provisions of the “Interim Measures for the Handling of Market Supervision and Administration Complaints and Reports” to both parties, and informed that “if verification, inspection, testing, and appraisal are required, the complainant and the complainant shall reach an agreement and work together Entrust a technical institution with corresponding conditions to undertake it.” After the mediation, the two parties consulted with the bureau’s responsible personnel about the identification and testing agencies. The staff found two items from the “Announcement on Updating and Issuing the List of Compulsory Product Certification Designated Certification Bodies and Laboratories and Their Business Scope” from the National Certification and Accreditation Administration. At the same time, it is clearly informed that there are other testing institutions in the country, and they can further consult and understand, and after reaching a consensus, jointly select and entrust a qualified third-party appraisal and testing agency to test the quality of automobiles.

In the subsequent mediation, the complainant, Ms. Zhang, believed that the respondent Tesla was obliged to provide complete driving data half an hour before the accident, and the respondent Tesla agreed to provide complete driving data to the complainant. However, three prerequisites are proposed: one is to sign an agreement to agree on the use of the data, the other is that the complainant moves the vehicle to the workshop of the sheet spray center, and the third is to jointly commission a third-party inspection company to detect whether the brake system has quality problems. In this regard, the complainant, Ms. Zhang, asked the respondent to provide data before discussing the appraisal.

After that, the Zhengdong New Area Market Supervision Bureau conducted telephone calls with the two parties on March 28, April 1, April 6, April 13, April 16, April 17, and April 19. To communicate mediation matters, both parties agree to conduct on-site mediation on April 21 or April 22. So far, the two parties have not reached an agreement on the complaint.

Due to the large differences between the two parties, and the question of whether the driving data generated by the pure electric car during the use (driving) is the consumer’s right to know, there is no clear legal provision. Zhengdong New District Market Supervision and Administration Bureau announced on April 2 Consult the superior department for instructions. At present, the higher-level department has clearly approved that this issue belongs to the category of consumers’ right to know. On April 21, the Zhengdong New Area Market Supervision Bureau ordered Tesla Motors Sales Service (Zhengzhou) Co., Ltd. to unconditionally provide Ms. Zhang that the car had an accident. Complete driving data in the first half hour. (CCTV News)


By zhiwo

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7 months ago

I have to thank the female car owner. If it weren’t for her troubles, no one would have the confidence to speak to the uncompromising Tesla. This matter should be able to promote the formulation and improvement of relevant laws and regulations. Consumers should not only have the right to know the data generated after buying a car, but should also clarify the ownership and use rights. For smart cars, I have a concern. Just like computers and mobile phones, smart cars will definitely be attacked by hackers making viruses and Trojan horses. However, unlike computer phones, smart cars are more harmful after being attacked by viruses and Trojan horses. For example, hackers can make virus Trojan horses to remotely control smart cars to carry out terrorist attacks such as crashing into people. It’s scary to think about it. For example, the scenario in the figure below. I don’t know if there is any good way to guarantee foolproof.

7 months ago

Tesla has been quietly deleting the background data of the accident car before, you dare to believe it! ! ! It stands to reason that we can see acceleration, braking and other information through the background data of Tesla for so many out-of-control events before. Therefore, for the many out-of-control events before, we only need to retrieve the background data. , You can basically figure out the truth of the matter, and see if you did not step on the brakes or stepped on the brakes when you were out of control. but! In the context of so many out-of-control accidents, Tesla has not shown this data to the customer once. If the customer is pressed into a hurry, the background data, including the driving video, will automatically disappear! ! ! On July 17, 2020, when a Model 3 in Beijing turned around and reversed into R gear, the vehicle suddenly lost control and rammed forward. The owner stepped on the brakes in time and stopped the brakes. In the end, no casualties were caused. But after letting Tesla check it for two weeks, the cloud data on the car was gone. An owner of an accident car in Linyi, Shandong said that when the accident happened, the vehicle “lost control and could not step on the brakes” and showed the tire marks left by the vehicle still running normally under the brakes. However, the backstage of the vehicle automatically cleaned up the recorded video of the crash. There are even more terrifying things. According to the revelation of @ Tesla-Han Chao, a car owner in Hangzhou braked the vehicle urgently in the morning, but he was still far away from the car in front. He thought it was a rear-end collision, but it did not. Then the vehicle central control pops up a warning to disable parking. Subsequently, the owner drove at the intersection of Jianghui Road, Binkang Road, Hangzhou, and his Tesla vehicle suddenly accelerated on the road. He saw the speed on the screen automatically increased, and there was no slope, and he confirmed that the AP was not turned on. Features. After such a situation occurred, the owner immediately called the Tesla 400 customer service number, and the other party advised him not to drive the vehicle. Then, he saw on the APP that Tesla’s backstage was checking its vehicle data, but after he arrived at the company, he found that the vehicle including the dash cam and other settings were all deleted, and he asked you, this way Are you afraid of your company?

7 months ago

Since the major official media have spoken out in succession, I have felt that this matter must be further escalated. The intervention of the Zhengzhou Market Supervision Bureau is also natural, and once state agencies intervene, Tesla can only be softened. Doesn’t this agree to disclose the data? However, don’t think that the matter of Tesla’s public data is over. This is just a phased victory. How to judge whether Tesla’s brake system is faulty is a very difficult thing, because the current brake system is no longer the same as before. Purely mechanical structure. The brake system used by Tesla is an electronic brake system. Whether or not it ultimately outputs braking force depends not only on whether you step on the brake or not, but also a series of judgments through software. Hardware problems are easy to detect, but software problems are not so easy to detect, because third-party organizations cannot see the source code of the software, and it is difficult to locate the root cause. It is extremely difficult to locate the problem under very limited conditions. It is possible to do it only with the sincere cooperation of hardware engineers and software engineers who are familiar with the electronic brake system and have rich first-line experience. Judging from my experience in dealing with major domestic third-party testing centers, no institution should be able to give a clear and convincing conclusion in a short period of time. In addition, I hope that we can do a good job of data confidentiality, and only allow people who are necessary to access the data, and not make the data full the next day. This will give Tesla a reason why they were not willing to disclose the data before.

7 months ago

Nowadays, science and technology are changing with each passing day. With the advancement of science and technology, many new loopholes will appear, and many new contradictions will also appear. This makes it necessary for the supervisory authorities to keep pace with the times, to be ahead of technology in a timely manner, and to be ahead of innovation. , To make up for the vacancy, only in this way can “the magic is one foot high and the road is one foot high.” The Tesla Incident, which was condemned by public opinion, is a typical example. Tesla such as “driving data”, “brake door” and “the possible impact on driving safety at the software level” are all possible results of new energy vehicles with driverless functions under high-tech packaging. A series of questions. Therefore, let’s first take a look at the follow-up to the Tesla incident analyzed yesterday, from which we can see a very obvious loophole in technology that is ahead of regulation. In the middle of last night, Tesla, which was continuously criticized by the official media and the “Political and Legal Affairs Commission”, finally lost the “uncompromising confidence”. He changed his tough attitude and made a public apology for the first time. And just in the middle of the night before yesterday, Tesla’s attitude of “uncompromising with unreasonable demands” can make such a big change in Tesla’s attitude. In addition to the increasingly fierce public condemnation against Tesla, these two articles Official media articles also play a very critical role. The huge condemnation of public opinion has also made it possible for the relevant departments to start taking action, which has brought substantial pressure on Tesla. To put it bluntly, Tesla could not care about the media, consumers, or public opinion in the past, but Tesla could not care about government supervision. From this perspective, Tesla’s letter of apology at midnight last night was not so much an apology to consumers as it was an apology to supervision. This apology is for supervision. I personally think that Tesla’s letter of apology does not actually solve the substantive problem. I think there are several substantive questions here: 1. Why not give Tesla’s driving data to consumers and why not give it to traffic police. 2. Is Tesla’s driving data in China stored in China or in the United States? This is a very serious issue because it involves national security. Take Apple as an example. Now Apple’s data is stored in our territory, in Guizhou. So why can Tesla be special? 3. Tesla’s “brake door” does not check the problem from the hardware level, but from the software level, because Tesla’s new energy vehicles that support driverless functions from the “bottom” level, There is a “possibility of BUG at the software level that will affect driving safety.”

7 months ago

Let me talk about the most important thing first, and say it three times! It is clear that the vehicle driving data belongs to the owner, and the car company provides it unconditionally! It is clear that the vehicle driving data belongs to the owner, and the car company provides it unconditionally! It is clear that the vehicle driving data belongs to the owner, and the car company provides it unconditionally! It has very important guiding significance. It points to a clear path for all subsequent vehicle disputes. When the data is pulled out, everything is understood. There will be laws to follow in the settlement of disputes in the future, and the handling will be more clear and efficient. In addition, Tesla is not thirsty at all! Need to mention conditions for providing driving data? Who gave you the courage? 1. How to use the driving data is the freedom of the car owner. Tesla has no right to interfere. What does it want to restrict the use of the car owner? Don’t want your ugliness to be fixed by the form of data evidence? Don’t want the problem to be exposed by the car owner? 2. Pull the car back to Tesla’s own house? Just think about it and you know what Tesla wants to do, right? What does this have to do with providing driving data? Why is it a condition to provide data? 3. Co-entrust a third party, there is nothing to say, I support Zhengzhou Municipal Supervision Bureau in this normal wave! Let Tesla understand what it means to “no compromise”!

7 months ago

Following Tesla’s refusal to provide complete driving data, the Zhengzhou Market Supervision and Administration Bureau made it clear that Tesla should provide consumers with unconditional driving data obligations after requesting instructions from higher authorities. It should be based on Article 8 of the Consumer Rights Protection Law. Consumers have the right to know the true conditions of the goods they purchase or use or the services they receive. Consumers have the right to require operators to provide the price, place of origin, producer, purpose, performance, specifications, grade, main ingredients, date of production, expiration date, inspection certificate, instructions for use method, After-sales service, or service content, specifications, costs, and other related information, because there is no very clear regulation, the data generated during the use of the product also belongs to the category of consumers’ right to know, so companies often habitually infringe on consumers’ knowing right. Recently, the country started to stop the big data crackdown and gradually began to attach importance to consumers’ right to know. The face recognition surveillance cameras exposed at the 3.15 party this year also violated citizens’ right to know and privacy. As a big data engineer, I think that with the development of Internet technology, companies have clearly realized the importance of data. Sometimes data can determine a company’s right to speak in an industry. Although BAT’s technology is very good, they The value of the data they possess surpasses all their technologies/products and talents. This is the barrier they have established against other companies. But in order to collect consumer data, consumers must first have the right to know (that is, if you swipe the content that you swiped when you skip the user agreement), they should also have the right to know how the data will be used, as permitted by technical conditions. Within the scope, users can retrieve their own relevant data, or refuse to continue to use these data by the company. Back to the automotive industry. There are currently three forms of recording driving data. The full name of EDR/CDR is event data recorder, which is used to record data before and after the time of collision or other dangerous situations. Article 8.6.6 of GB 7258-2017 “Technical Conditions for Safety of Motor Vehicle Operation”, which has been implemented since January 1, 2018 Provisions “Passenger cars should be equipped with an event data recording system (EDR) that can record data such as vehicle speed and braking status when a specific event such as a collision occurs. This provision will be enforced on January 1, 2022: All new cars produced after that are either equipped with video recorders (driving recorders) or EDRs. Screenshot source [1], intrusion and deletion. This is the recorder at the moment of the accident, and generally only records the data 5 seconds before the accident. 2. Unique to new energy vehicles: the new energy vehicle national data supervision platform has mandatory regulations since 17 years, requiring all new energy vehicles, whether they are corporate or private, to upload real-time monitoring data to the national supervision platform , The original intention is actually to control the phenomenon of fraudulent compensation of new energy vehicles. 3. The car factory’s own data monitoring and uploading. This is mainly equipped on a car with an intelligent system, uploading through 4g traffic, usually uploading some vehicle status information , First, in the event of a vehicle accident, you can remotely determine and contact the owner, and second, you can determine the utilization rate of certain functions in the car based on the returned data to guide the subsequent function development. This time Tesla This type of data is refused to be provided. Tesla said on the official website: Data privacy request: In some jurisdictions, you may have the right to request access to and receive certain information about your data that we maintain. Update and correct the inaccuracies in the information, restrict or delete the information, oppose or withdraw your authorization to use the information in a certain way, and complain to your local supervisory authority. Regarding the data you provide us, you may You also have the right to data portability. In some cases, these rights may be restricted by local laws. You have several ways to exercise your rights, including: If you want to exercise your rights with information from or about you, you can use Submit a data privacy request or follow the instructions in the “How to Contact Us” section below to contact us to exercise your rights. You can visit your Tesla account at any time to update the information from or about you in that account. The same goes for: Our products and services are controlled and operated by the United States. Information from or about you or your use of our products or services may be stored and processed in any country/region where we have institutions or employ service providers. These countries The data protection laws/regions may be different from the country/region where you originally provided this information. When we transfer information from or about you or your use of our products or services to other countries/regions, we will follow This privacy policy protects it. By using our products or services, or providing information to us in other ways, you agree to transfer information from or about you or your use of our products or services. Move to a country other than your country of residence, including the United States. Therefore, Tesla’s provision of driving data is a service obligation, and there should not be any reasons or conditions.

7 months ago

This wave of the City Supervision Bureau’s lore, Tesla is not easy to fool the past. To clarify the truth of the accident, you need to know what happened to the vehicle and the reason for the damage to the vehicle. Then two types of materials are needed: the first is the need for driving data, and the second is the need for third-party identification. Both of these things require special cooperation from Tesla. At present, without the supervision of relevant departments, it is very difficult for ordinary people to communicate with Tesla. Relevant departments have conducted mediations many times, but it seems to be ineffective. Traffic data will not be published. Third-party appraisal, you have to sit down and talk, and there are three additional prerequisites. At the end, I have to emphasize, no compromise. In the end, the car owners are engaged in performance art. Especially the driving data, I really didn’t expect the car to get in hand, the data is under the control of the company. How do you think about it, how weird. The new car-building forces require companies to capture data, but consumers should at least have the right to know. Then we have to say, does Tesla’s driving data belong to Tesla’s prohibition? Does it belong to the tiger’s ass? Don’t let people touch it. It mainly involves new forces in car-making. There is no precedent for whether the driving data of smart cars belongs to the category of the right to know. Fortunately, after the Zhengdong Branch of the Zhengzhou Supervision Bureau solicited opinions from superiors, the traffic data still belonged to the category of consumers’ right to know. Tesla has the obligation to provide and cooperate. To make consumers rush to the roof of the car, it really hurts both sides. The gentleman loves morality, Tesla and other new car-building forces, the industry giants really want to break the circle, the general public. It should be understood that in the face of consumer rights protection, openness and transparency is the only solution. Rather than cover up, arrogance will only spoil the hard-won goodwill of the company.

7 months ago

Tesla responded that it was willing to provide raw data. On the evening of April 21, Tesla officially responded: 1. We are willing to cooperate fully and provide the raw data of the vehicle half an hour before the incident to a third-party appraisal agency or government-designated technical supervision department or the consumer himself. 2. We implore the Zhengzhou Municipal Supervision Bureau to designate an authoritative and qualified third-party testing and appraisal agency to carry out testing and appraisal work. There is a contradiction between the first and the second. Since the first item agrees to provide data to a third party or government designation or the consumer, why the second item is still important to ask the government to come forward and designate? This is not a word game or repetition of grammar, but a deeper meaning. Now that the data will be given to the government, it depends on how the Zhengzhou Municipal Supervision Bureau takes over. Since we are willing to provide data and appraisal, the facts are not far from us, wait for the truth.

7 months ago

On April 21, 2021, the news 1+1 from 9:40 to 9:45 in the evening is about the content of the Zhengzhou official interview, which is the same as the problem description. The interviewed guest Chen Yinjiang said that just giving the data is not enough. The society has an obligation to help this consumer interpret the data and find the problem. The following content is that CCTV has publicly executed Tesla, which is almost as if Tao Lin was tied to a wooden horse and swaggered through the city. The main thing is to broadcast the interview content of the Hainan accident: Hainan car owner, Ms. Yu, had a brake failure and called a Tesla salesperson. The salesperson used another Tesla to test at the same location and did not brake and rushed directly into the ditch. , As evidenced by the video, the suffering master also said in the video, “Are you going to call a trailer to tow your car now?” The next content is that when he swaggered Tesla across the market, he also held up a sign, gongs and drums, and fluttered the colorful flags: Tesla found a so-called third-party testing agency. In fact, the victim did not know about it, and did not know at all. I pulled my car for testing. And this organization is only an annual maintenance car factory without a detection mechanism. The test report said that the driving type of the Tesla car was 4X2 front-wheel drive. Ms. Yu said that Tesla has not produced front-wheel drive vehicles, and all are rear-wheel drive vehicles. Later, a CCTV reporter called the testing agency and asked if it could test the brake system. Its staff said that they were only doing an annual review, and they couldn’t do it if they specialized in autopilot testing. In the end, CCTV was a little bit higher: What if the technology and standards cannot keep up with the development of the market? The opinion given by the interviewed guests is that the technology should be slowed down. When the relevant laws and technology keep up, consumers must be provided with a safe premise. Next comes the most terrible problem. The objective reality of the Shanghai Auto News: There are no relevant standards for the testing of controller software for new energy vehicles, and the relevant standards of the computer industry cannot be fully applied to the testing of automotive controller software, nor can they guide cars. Industry engineers fully carried out software testing work. This results in no standard for issuing appraisal results and no evidence even in complaints and prosecutions. Consumer rights protection has entered the three-regardless zone of law, system, and standards. This matter cannot be deadlocked. An authoritative department must come out and give everyone an answer, at least telling consumers whether this car can be bought or used.

7 months ago

From the day Tesla entered China, it was decided that it would be kicked out sooner or later. The rapid landing of the Tesla factory has a discount from Shanghai, and the green light is also given at the national level. Is the picture here to ask a dad to come back? No, it’s to eat up Tesla’s technology and supply chain. Fuel vehicles have too many sub-directions and accumulated too much experience. New energy vehicles have a short time to market and their structure is relatively simple. This is an excellent opportunity for us to overtake in a curve. With the rapid development of new energy vehicle manufacturing technology, the manufacturing threshold has been greatly reduced, and Tesla’s original five-point technology is used for eleven-point marketing (at the beginning, a driver assistance at the l3 level was directly used in the English name of the aircraft. (Autopilot auto pilot, really black for a lifetime) This process of eating it has been greatly accelerated. From a series of negatives and interviews, Chang’an Jian went directly off the field and also sent a signal to various places that Tesla is no longer a Tianlong project that needs to be protected. Maybe the day when Tesla wants to give way to domestic cars is getting closer.

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