Is a fully self-driving Tesla legal
Tesla autopilot advertising is misleading
The automaker Tesla Germany is not allowed to advertise with an autopilot because it misleads Tesla customers. That was decided by the District Court of Munich I.
Tesla Germany had published a text in the ordering process for the Model 3 in July 2019 on its German website which said, among other things, "Autopilot included". In addition, individual components that could be ordered additionally were advertised under the heading "Full potential for autonomous driving".
The Central Office for Combating Unfair Competition accused Tesla of giving customers the impression that the cars could technically drive completely autonomously. She also criticized the fact that the consumer was suggested in the advertising that autonomous vehicle operation in Germany is permissible under road traffic law and complained.
Tesla is prohibited from advertising with "autopilot"
Tesla will have to hold back when advertising its assistance systems for autonomous driving in Germany in the future. Because the judges of the LG Munich I followed the arguments of the competition headquarters. They banned Tesla Germany from advertising statements such as "full potential for autonomous driving", "autopilot: included" and "by the end of the year: autonomous driving in urban areas".
Technically, the car cannot drive autonomously
The judges justified the judgment with the fact that the advertising claims misleading for consumers are. Both the Tesla "Autopilot" and the package "Full potential for autonomous driving" are part of a driver assistance system in which the driver has to monitor the car while driving. However, by using the term "autopilot" and other formulations, Tesla suggests that Cars could technically drive completely autonomously. Genuine autonomous driving, i.e. driving without human intervention, is not possible with Tesla's driver assistance systems, according to the judges.
Autonomous driving is not permitted in Germany
Tesla's advertising also gives the impression that autonomous driving is permitted under road traffic law in Germany. That is also misleading to the consumer as one autonomous driving according to the applicable road traffic regulations (§§ 1a f StVG) not allowed is.
Note at the end of the website is not enough
Tesla had indicated on its website that the driver must actively monitor the car and that purely autonomous driving is not possible. But that was not enough for the judges. For them, the texts were in terms of content not clear and transparent enough. The misleading was therefore not removed by the reference, so the judges.
LG Munich I, judgment of 14.7.2020, Az .: 33 O 14041/19
Note: The verdict is not yet legally binding.
You can find all information about autonomous driving here.
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