If we want to talk about the most lively news event this week, it should belong to the rights protection event of Tesla booth owners.
The meaning of the two words “lively” is that one is enough to be hot enough, and the other is that the car owners rioted at the Tesla booth in the Shanghai Auto Show and aroused collective attention.
The female owner who stepped on the roof of the car at the booth was detained by the police for five days. Tesla’s attitude was also fluctuating. First, he never compromised, and then apologized in the middle of the night. The call released part of the traffic data of the vehicle involved in the 30 minutes before the accident, which caused a new wave of noise.
Is this sufficiently lively incident just a unilateral matter of the female car owner?
Is it just a matter of Tesla?
The trend of the incident is to see the excitement and then dissipate, or to solve many problems from a deeper level?
Pay attention together: the new smart car and the new road to rights protection.
This Thursday, as the husband of Ms. Zhang, a car roof activist at the Shanghai Auto Show, Mr. Li was extremely busy, with continuous calls from relevant departments and the media.
After his wife was detained by administrative detention on Monday, he rushed to Shanghai the next day. Before he knew his wife's plan to come to Shanghai to defend his rights, he did not expect his wife to climb on the roof of Tesla.
In his opinion, this move is indeed very inappropriate, but his wife is also full of helplessness in embarking on such a road of rights protection step by step.
Outside the Tesla 4S store in Zhengzhou, Henan, this Tesla Model 3 has been parked for two months, and the four characters "brake failure" painted on the car are very dazzling.
It was purchased by Mr. Li for his wife for 368,000 yuan more than a year ago.
Ms. Zhang has been very satisfied with this car until February this year, five days before the incident, the car had a suspected "brake failure".
The real accident happened on the tenth day of the first month of February 21. Ms. Zhang's father drove the car. Ms. Zhang, her mother and 1-year-old niece were still sitting in the car.
On the way back to the city from the suburbs of Anyang, the vehicle rear-ended the vehicle in front on Anyang 341 National Road. Its parents were injured.
Her father said in an interview that the vehicle had a serious brake failure before the rear-end collision.
Tesla has always denied the "brake failure", and Ms. Zhang's request to withdraw the car cannot be satisfied.
Tesla’s statement this Thursday also continued this attitude. Based on a table of driving data about 6 seconds before the accident, Tesla believes that the vehicle is driving at a relatively high speed of 118.5 kilometers per hour, and the driver At the beginning, the brake pedal was pressed lightly. After that, the automatic emergency braking function was activated and played a role. The braking system was normally intervened and the vehicle speed was reduced.
Ms. Zhang is not unfamiliar with this statement. As early as February, the manager of the 4S shop dictated the 6-second data and similar conclusions to her on the phone.
For the data released by Tesla, Ms. Zhang's father could not agree.
The speed limit of the accident section was 80 kilometers per hour. He insisted that there was no speeding at the time, and he was a full-time driver with more than 30 years of driving experience. This new car is also often driven and familiar, and it is impossible to make fatal mistakes.
The activist car advocates the lady's father: The
speed is six to seventy (kilometers per hour). Tesla has always said that it is 118 (kilometers per hour). I don't think it is so fast.
I got my driver's license in 1986. I have been driving the car all my life, and I don't even know it.
Saying that I stepped lightly, I will die, I stepped lightly.
The accident identification issued by the traffic police department did not mention that the vehicle was speeding. At the time of the incident, the monitoring of the road section had not been activated, and the vehicle was not equipped with a dash cam. Tesla’s driving data became the only clue to the cause, but It seems difficult to make judgments just through the 6-second table.
Zhang Xiang, a member of the New Energy and Intelligent Connected Automobile Industry Expert Think Tank of the Ministry of Industry and
Information Technology
:
Tesla is currently displaying this information mainly to show that car owners like to drive at high speeds. It wants to explain that the car owners’ poor driving habits at the time were a major reason for this rear-end collision one.
Because this information is still for a professional to analyze, the amount of information is still not enough, we hope to get 30 minutes of data and further interpretation.
Ms. Zhang's family, who did not believe in the 6-second data, had long hoped that Tesla would provide the complete data 30 minutes before the accident, but they have been rejected.
This week, under the order of the Zhengdong New District Market Supervision Bureau of Zhengzhou City, Tesla has provided Mr. Li with 30-minute complete driving data. Only after these data are commissioned by a professional third-party organization can the truth be revealed.
Bai Yansong said
The rights protection and responsibility appraisal between the car owner and Tesla did not start with this Shanghai Auto Show. It has been going on for some time. Will everyone think this is complicated at first?
Find a third-party organization to conduct a comprehensive and fair inspection and appraisal of the accident car, isn't it the end?
But in just a few days, everyone started to understand this. It's really not that simple.
Traditional vehicles may not be complicated, but when it comes to smart cars, how to solve related problems?
How many third-party appraisal agencies can keep up with the development of smart cars in China?
Can third-party appraisal be truly objective and fair?
In order to clarify the responsibilities of both the car owner and Tesla during the accident, finding a qualified third-party inspection and appraisal agency to conduct objective and fair inspections has become the expectation of most people.
However, during the initial mediation, the two parties had disputes over the choice of appraisal agency.
Tesla's rights defending car advocates her husband:
The mediator of the Market Supervision Bureau took a thick vehicle appraisal book, turned to the inside page, and clearly pointed out that the only agency that appraised cars in China was the only one.
We feel that I am a layman and do not believe that there is only one vehicle appraisal agency.
We have never refused a third-party appraisal, but we do not specify that one.
In an interview, Ms. Zhang stated that she would not refuse third-party appraisal, but she did not trust the designated appraisal agency.
Different from Ms. Zhang's stalemate in the choice of appraisal agency, who is also a Tesla owner, Tianjin guy Han Chao once defended his rights through a third-party appraisal report.
Tesla owner Han Chao:
It was on a high-speed road, and the car suddenly banged.
Then I found that the brakes and accelerator couldn't be moved. Fortunately, the steering wheel was still controllable, so I used the vehicle to move to the emergency lane.
The self-reported experience of Han Chao took place in August 2019.
At that time, the certified used car he bought from Tesla's official channels was only used for two months.
In order to find out the cause of the failure, Han Chao commissioned a third-party appraisal agency to inspect and appraise the motor vehicle. Although the appraisal report did not give an explanation for the brake failure, it found that the second-hand car had structural problems. This is a deviation from the "unstructured vehicle maintenance" promised by Tesla at the time of car purchase.
So Han Chao took Tesla to court.
Tesla owner Han Chao:
At that time, my first appraisal report was submitted to the court as evidence, but Tesla said that my report was a personal commercial act, and that the fairness and impartiality of the report need to be referred to. Sla requested (re-identification).
The court commissioned an (appraisal agency) to conduct judicial appraisal. At the third hearing, (Tesla) also found a quality appraisal company in Zhejiang to make an appraisal report that was beneficial to them.
The same vehicle has undergone three inspections and identifications, and the report has two results.
In the end, the court made a first-instance judgment based on the appraisal agency it entrusted, and the owner Han Chao won the case.
Although he has become one of the few car owners in China who use the appraisal report to defend Tesla's rights and win the first instance, Han Chao does not believe that third-party appraisal and rights protection are omnipotent.
On the website of the litigation assets of the Supreme People’s Court, the court can entrust more than one motor vehicle appraisal agency, and they can inquire one by one, but in fact, Han Chao discovered the existence of the vehicle and can be appraised by the appraisal agency during his rights protection. Only after the hardware problems occurred, the rights were successfully defended; and for the problem of "brake failure" of smart cars, the three appraisal institutions experienced by Han Chao did not make any appraisal.
Zhang Xiang, a member of the new energy and intelligent networked automobile industry expert think tank of the Ministry of Industry and Information Technology:
Our current testing agency, the main tool for testing is still testing equipment.
Testing equipment is a product designed and produced according to the existing national standards and regulations. The international standard has not yet issued a standard for the detection of such smart cars with automatic driving functions.
Therefore, we can't buy the equipment to identify the traffic accident identification of intelligent driving cars.
This Thursday, although Tesla stated in the announcement that it is willing to find any qualified and authoritative testing agency nationwide for testing with the consent of the customer, government designation or supervision.
But so far, the two parties have not found an appraisal agency to resolve the dispute.
Bai Yansong said
On Thursday, Tesla provided car owners with complete driving data 30 minutes before the accident and disclosed some of the data.
When this data was not released, many people were urging Tesla to release it quickly, but after it released this data, the parties believed that it violated personal privacy, and many people in society began to think about how to obtain the data and publish it. Is the data more appropriate?
Obviously, it is not enough to just stare at Tesla at this time. What challenges do we face in terms of safety supervision?
Just the third day after Ms. Zhang, wearing a "brake failure" T-shirt, stood on the roof of the Tesla at the Shanghai Auto Show to defend her rights, this Thursday (April 22), under the order of the local market supervision bureau in Zhengzhou, Henan , Tesla unconditionally provided the rights defender Ms. Zhang with the complete driving data of the vehicle involved half an hour before the accident.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:
Data is a key role, because the core of the accident is to identify who is responsible for the accident, whether it is because of the improper driving of the car owner, or because of the system, or because of the accident. The reason for the hardware is to control the data backup generated during the start-up of Tesla and Tesla.
This data is not controlled by the hardware terminal of the car itself. It is uploaded to the cloud and only available at Tesla, so the data has become a critical issue.
On the day when the data was provided, Tesla’s personnel in charge of the accident stated that because they could not contact Ms. Zhang’s party, they sent 6,697 driving data to Ms. Zhang’s address when she purchased the car by email and post. .
In many previous mediations, asking for the half-hour complete driving data was one of the main points of dispute between Ms. Zhang and Tesla.
Soon after providing Ms. Zhang with the driving data for half an hour, Tesla released to the media the data one minute before the accident of the vehicle involved and made a text explanation.
Precisely because this action did not have any communication with Ms. Zhang's side, seeing the data of his wife's vehicle suddenly appeared online, her husband was full of surprise and dissatisfaction.
Husband of the wife of the activist car advocates:
I cannot accept their behavior at the moment. First of all, without our consent, the person (Ms. Zhang) was in the detention center and sent to the mailbox, but the person cannot see it. Is this our consent?
Even if we see it, I can't send our personal privacy without consent.
What we want is 30 minutes, why only send one minute?
For this, we strongly request that the data must be withdrawn and apologize to us publicly.
In fact, the behavior of drivers while driving, where they are, and matching this information with a broader understanding of customers, has become a valuable data gold mine for smart car companies.
However, it should be noted that there are still gaps in related supervision in ensuring that car owners have the ownership and right to know the driving data.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law:
The ownership of data, especially the ownership of natural persons that can be directly identified, is the user in accordance with the provisions of the Civil Code. This is uncontroversial.
But there is a piece of data that cannot identify the identity of a natural person. This part of the data belongs to big data.
The nature of big data is generally considered to be intellectual property, and this part of information is Tesla's trade secrets.
When the user’s ownership and platform contract rights, as well as the use of trade secrets for defense, all rights are inferior to the user’s ownership, and this data must be given to the user in accordance with laws and regulations.
In Zhu Wei's view, in the era of the Internet of Things, smart car companies should not only consider issues from the perspective of data security, and safety priority should be the core behind it.
Bai Yansong said
At first, the female car owner stepped on only a Tesla car at the Shanghai Auto Show, but after a few days of fermentation, she stepped on not only a car brand, but also a pain point in the development of smart cars, smart cars. How reliable is the accident identification of China?
How can a third-party testing agency make people feel at ease?
Who owns the relevant data?
Is it privacy?
How to protect and safeguard our rights?
The female car owner stepped on the roof of the car and has been administratively detained for five days for breaking the law, which is equivalent to having paid the price.
So next, if everyone just looks at the excitement and is only entangled in the solution of this matter, and cannot make progress from the system aspect, whether it is the consumer, the smart car industry, or even our entire consumer environment will pay more. The price.
To solve this incident, you can't just be satisfied with one aspect of the pleasure, but the entire industry has to pass, otherwise the brakes of the entire industry will not work!
Producer丨Liu Xuesong and Li Zuoshi
Editor丨Pi Wangxing Yang Junwei
Video丨Wang Shoucheng Ni Zheng
Editor in charge丨Wenna Chen Zhongyuan
Edit丨Zhang Wenqing
(Edit Yang Yalan)