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Wiki Sudden Loss Of Range With 2019.16.x Software

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My post was ambiguous in that I wasn't really advocating some friendly mid ground fudge of a compromise settlement with an agreement to caps and gates thrown in! I was contemplating if ANY circumstance could justify enforced unsolicited downgrade of spec, and safety was the only answer I could think of.

There is no legal justification for what they did.

What we will be asked to accept is their story. Everyone knows it's safety, but that could impact our warranty if the company doesn't survive... As long as they make good and know it can't ever be risked again, is it worth a pyrrhic victory? They know they can't do anything but fully return what was stolen. Safety law shouldn't have been broken, warranty law and theft can't either but it's a less dangerous admission of guilt.

They have no illusions of getting away with what they stole. What they are trying to do is not admit they chose becoming an unsafe disposable car company chasing stock prices. We just need to hold them to their word, safest cars in the world with the best warranty on the world. Everyone knows they screwed that completely up, but they can make good if we don't push them to full responsibility for their actions. If Tesla goes away no other company will even pretend to be sustainable.
 
@wk057 says he doesn't think it is a safety issue.

wk057 may have indicated that at the time he made a specific comment, his belief was that some X, Y, Z or specific condition in his mind was not directly a safety issue. If the issue was inconsequential / trivial, then presumably he would just spill the beans. But he isn't, so it is presumably not trivial. The exact issue he is not making further comment on could be indirectly significant safety or commercially significant for him & / or Tesla.

More serious risk and they should have disclosed it.

Anything safety related, should have been filed / disclosed. Significant commercial issue for Tesla would imply a link to warranty obligations.
 
wk057 may have indicated that at the time he made a specific comment, his belief was that some X, Y, Z or specific condition in his mind was not directly a safety issue. If the issue was inconsequential / trivial, then presumably he would just spill the beans. But he isn't, so it is presumably not trivial. The exact issue he is not making further comment on could be indirectly significant safety or commercially significant for him & / or Tesla.



Anything safety related, should have been filed / disclosed. Significant commercial issue for Tesla would imply a link to warranty obligations.
wk057 has been pretty clear he doesn't believe there is a safety issue. He has also stated he is not "spilling the beans" so that he doesn't trash any relationships he has with Tesla engineers. I think you are reading too much into his commentary. Other than unsubstantiated speculation, I haven't seen anything in this thread that leads me to believe there is a safety issue with these batteries which would make them less safe than an ICE.

I have seen a bunch of rightfully pissed off customers who have been treated poorly by Tesla. Anybody who has has had their battery capped for whatever reason should be getting some form of compensation or a new battery without a cap. I assume some sort of reasonable settlement will come out of the lawsuit (hopefully).
 
They have spent a year trying to dodge that bullet but it will eventually be lethal if they don't do something. Invalidating EPA ratings with software "cheat devices" was punished severely the first time, and included jail time for CEOs. Tesla did it after that first time - the punishments are likely to escalate, not decrease. That alone is why we know they will settle. They can't put admissions of that guilt out for lawmakers to use against them when they did it to try and dodge warranty and safety laws too. Ity's all just criminal charges stacking and we haven't even filed any EPA complaints yet. It's a matter of time before charges are filed or Tesla capitulates. No in-betweens possible, we get 100% of what we paid for back or they get 100% of the brunt of the law. It's also possible we both get 100% but in that situation our warranties are at risk because Tesla "bet the company" again on this dumb and irresponsible gamble. I just hope their excuse is conciliatory enough to allow everyone to put this to bed without dragging it on and going to the legal extremes their actions invited from the outset.
 
Things are turning around here and getting civil, which is nice to see! I've seen a bunch of posts over the past day or two where it seems that many of the main voices in the thread agree on something. That is, looks like Tesla took something or modified something in such a way that it looks like something tangible (total energy stored) is lost. They shouldn't be allowed to do so legally, and should compensate those who are battery-gated (would be nice to have a non gated battery replacement). In the early days of the thread, it was hard to get everyone to agree on those two main ideas. It looks like a lot of us agree that this problem is also related to sustainability, because battery longevity is important for such.

There's a tension between longevity and the total energy stored in a battery, with the gated packs being forced to store less in favor of longevity. IMO, this either/or that Tesla has created is a false dichotomy. It would be easy (for them) to take in these batteries, refurbish them to reuse as much cells as possible, in the name of longevity, while giving the affected customers new (the 350V batteries), robust batteries which can store the original amount without risk to longevity.
 
No, everybody doesn't agree. Tesla has never said it, and @wk057 says he doesn't think it is a safety issue.



NHTSA hasn't even started an investigation, and where is your link showing that Tesla is settling? (Last we heard they are still in mediation with @DJRas and his lawyers.)
You do not KNOW if NHTSA has not started an investigation. The status has shown "Open investigation" since the day it was accepted.
That staus will not change until they reach a resolution.
We know they required Tesla to supply a lot of information by the end of last year.
 
You do not KNOW if NHTSA has not started an investigation. The status has shown "Open investigation" since the day it was accepted.
That staus will not change until they reach a resolution.
We know they required Tesla to supply a lot of information by the end of last year.

But it is just a defect petition. The status will change when they decide to either deny or grant it. If the Defect Petition is granted they will start an investigation. From their site:

DEFECT OR RECALL PETITION (DP OR RP)

NHTSA may be petitioned to investigate an alleged safety defect or whether a manufacturer has successfully carried out the requirements of a recall. If the petition is granted, NHTSA opens an appropriate investigation. If the petition is denied, the reasons for denial are published in the Federal Register.

The investigation would be either an EA, Engineering Analysis, or a PE, Preliminary Evaluation.
 
It isn't a defect petition that's what started the investigation. DJRas submitted the defect petition on behalf of all us owners. It was accepted by the NHTSA and the open investigation was started as a direct response to @DJRas submitting his petition to open an investigation. NHTSA doesn't submit petitions, it demands compliance with the full strength of law.

The NHTSA never updates public investigations. You'll get a final update when punishments are meted out. Soon.

DJRas is the only person in this thread with official inside information access. You can trust him to never lie to us on this topic.
 
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Like I said before, Tesla dropped the ball here, but the government entity that would be able to rectify it is not going to be the NHTSA. It's going to be a court, probably via a class action suit. Unfortunately will probably take quite some time before there is any resolution it (several more years would be my guess), if at all.

At the base of this whole issue is whether or not Tesla should be allowed to arbitrarily reduce specifications after delivery, for any reason (safety related or otherwise). In this case, it seems to be that Tesla made some changes that should push out the time table of certain failures (probably indefinitely, but at least until beyond the warranty period) at the expense of performance (range, charge speed, etc). For this, I think people should be pissed and Tesla should be held accountable for it one way or another.

If it were a safety issue, then sure... the NHTSA would probably provide the most expeditious route for getting customers some form of resolution.

But, since that isn't the case (as I've noted, as I and others have debunked, and should also be obvious by the fact that the NHTSA hasn't done anything about this for over a year, despite many calls to do so by people pushing the safety fix narrative)... the only other remedy is going to be through the courts... and I think a class action is probably the only chance anything meaningful gets done, if at all... since historically class action settlements rarely make anyone besides the folks who initiate the lawsuit (and their lawyers) whole.

Tesla obviously is not going to do much more on this of their own accord, and given that a class action settlement is unlikely to have a very positive outcome (as in, affected owners will probably get a $30 check in the mail in 5 years or so rather than 30 miles of range back)... I think there's just not much else to accomplish here.

On a related note, in my opinion the current class action suite has a little too much fluff in the form of unprovable claims to make it super far without getting a lot of it cleaned up and dismissed first, leading to expanded legal costs and even more time for a resolution. It also seems pretty likely that Tesla will settle with the claimants and not the entire class.

I'm not a lawyer, so who knows. Which is, in hindsight, disappointing... since the lawyers are the only ones who are pretty much guaranteed to win.
 
If it were a safety issue,
..........
But, since that isn't the case
..........
and others have debunked,
.............

You (might) reasonably - given so many posts - believe this should be obvious, but just for an up to date response, could you link to a couple of evidence supported posts by 'others' that debunk any safety connection linked withTesla's capping and gating and are still aligned with most current info available?

Any idea how many 85's that would likely have been capped etc are still running on pre-capping software and therefore un-restricted?

If Tesla are fine with those cars still being used unrestricted, why do you think they haven't reinstated the original spec's to all cars? [edit: (especially if there are no significant potential downsides - such as safety related)]
 
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Definitely don't have the time (or the willpower) to sift through all of the garbage in this thread to find the specific posts and details.

But I've specifically gone over the details several times here. One time the relevant info was snipped by mods, and I reposted it. Some others came in at some point soon after and brought up pretty relevant points that backed up what I'd noted. As expected, buried under noise.

How many have refused updates? Last I saw actual data, the percentage of folks who refuse to update is very very small. I'd estimate less than 50 people have held out on updates based on the fear of losing range, and of those 50 I'd bet none of them would actually be adversely affected (as in, wouldn't lose range) if they were to update.

I don't think Tesla is fine with people not updating, but they have no real way to force updates on people. They've done it to a few (myself included, back in '15) but it's a slippery slope for them and not something many at Tesla have the ability to do.

As for why I think they've done what they've done (range and charging speed losses for some), I went over that in my post above.
 
But it is just a defect petition. The status will change when they decide to either deny or grant it. If the Defect Petition is granted they will start an investigation. From their site:



The investigation would be either an EA, Engineering Analysis, or a PE, Preliminary Evaluation.

Not true according to Habib, Kareem (NHTSA)" < [email protected]>
 
Kareem is the same person that has been in contact with me too, along with Ajit.

The information on the NHTSAs website is correct. They say there is an open investigation and their investigators are investigating which is exactly what a reasonable person would expect those words to mean. I doubt they will contact non-owners but any non owners following this will be publicly notified soon enough when the NHTSA goes public.
 
don't have the time

I thought you might have a couple of 'stand outs' posted by others that make the best case in your opinion. Not worth loads of time trawling.

folks who refuse to update is very very small.

and I guess likely even fewer left over time

I don't think Tesla is fine with people not updating

OK.

why do you think they haven't reinstated the original spec's

I haven't heard of a mandatory update program, so doesn't that signify 'no significant need to update'? Given no strong requirement to update, why wouldn't Tesla just revert the settings that reduced battery capacity and charge rate? (at least at owner's request).

So not:

As for why I think they've done what they've done

But "Why do you think they haven't UN-done what they've done?"
 
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I haven't heard of a mandatory update program, so doesn't that signify 'no significant need to update'? Given no strong requirement to update, why wouldn't Tesla just revert the settings that reduced battery capacity and charge rate?

So not:

But "Why do you think they haven't UN-done what they've done?"

I thought he made it clear: Because the changes make the batteries last longer before they fail. (And he thinks much, much, longer.)

Undoing the changes would be a gamble for the people with the capped batteries: If it fails before the warranty expires they likely get a better battery. If it fails after the warranty expires they are out a $15-20k repair.
 
Because the changes make the batteries last longer before they fail.

Sure, Tesla made that clear too.

But that's not the same as owners getting what they originally purchased and they should retain the option of keeping exactly the spec they were sold supported by the 'best warranty'.

Undoing the changes would be a gamble for the people with the capped batteries: If it fails before the warranty expires they likely get a better battery. If it fails after the warranty expires they are out a $15-20k repair.

And it wouldn't have anything to do with the flip-side for Tesla's warranty obligation costs?
 
One time the relevant info was snipped by mods, and I reposted it. Some others came in at some point soon after and brought up pretty relevant points that backed up what I'd noted.

I really want to find the posts that you believe back up the 'no safety issue' argument and what the evidence is that you feel they give in addition to yours.

Here is your post I believe you refer to, followed by a random (hopefully representative) selection of follow on posts. I can't really find much additional 'evidence'. What am I missing?

Re-posting the relevant info from this post that was moved for reference. I'm on "moderation" after my last post (which admittedly was a bit snippy), so not sure when/if this will actually show up here, but I feel this info should remain in this thread and not be lost.

---



"Safety" is pretty broad. For example, I would consider a battery exploding/catching fire/etc without an external cause (like tampering, external fire, accident, etc) to be a safety issue. I wouldn't consider the car being or otherwise becoming unusable to be a safety issue. (Others have said that a car dying unexpectedly would be a safety issue, but I don't subscribe to that line of thought, considering cars break down all the time.) I wouldn't consider limited power or limited charging a safety issue. Etc.

With that in mind, to the best of my knowledge, no to both questions.



Open for debate.

The warranty explicitly disclaims capacity loss not related to a failure. Nothing has in fact failed, so I'd say by the letter of the warranty and relevant laws I'm aware of.... probably not. I'm also not a lawyer.

A better question would be, is Tesla allowed to avoid a warranty issue at the expense of the customer's ownership experience? Dunno. Don't think there's any good examples of this in the past, since Tesla's OTA setup is somewhat unique.



Mitigates a potential failure mode of the high voltage battery.

---

I could have, from a technical perspective, defended my original statements at the time pretty well. (Edit: Keep in mind that the info below is based almost entirely on independent reverse engineering of the software and hardware.)

It was quite obvious from the software that Tesla was testing proactive functions that searched for, predicted, and attempted to prevent a particular potential failure mode (catastrophic and unsafe) (X) in the fleet, and also clearly obvious from analysis of that code that it was definitely not expected to actually be found in the fleet at all.
Instead what they got were loads of false positives from a previously unknown and unrelated condition (one not inherently unsafe) (we'll later define this as Z, but the developers didn't appear to be aware of a distinction just yet). (<<--- This is about the time I initially tweeted. If this test were indeed finding loads of cases of condition X, which it appeared to be doing based on the reports of range loss, then yes, this would have been a problem and a real safety issue. I was still reviewing reverse engineering of code from updates that had been pushed since then at this time, but had not made it past this point just yet.)
That code was updated hastily to implement temporary mitigation that would prevent both X+Z from being failure modes, at the expense of significant range loss (presumable temporary... it was pretty clear that at this point whoever was writing this code was aware there was no way these were all condition X).
The code was again updated to implement separate detection for Z. At this point, both paths led to being mitigated the same way with the temporary function. (<<--- This is about when I posted about the separate conditions.)
Detection for X was updated to also check for Z (since checking for X finds X+Z, but checking for Z only finds Z).
If X found and no Z, the vehicle would be immediately disabled with an error along the lines of "High voltage battery error. Vehicle will shutdown. Contact Tesla Service." (This is not the exact error message. I've seen zero reports of the specific error being noted by anyone, further confirming information from an insider that no cases of condition X, which would be unsafe, exist in the wild).
If Z detected, then mitigation for Z put in place.
Later updates tweaked mitigation for Z to lose significantly less usable capacity.

I had expected this trend to continue, but development seems to have halted/paused shortly after the initial tweaking and small rebound on capacity. I believe there's additional room for improvement, but doesn't seem to be a priority based on limited changes to the relevant functions.

Edit: Also, I've fallen behind on my reverse engineering of the most recent firmwares... so there could be changes I'm unaware of. It takes a significant amount of time to analyze and annotate changes, determine functions, etc. I've even written custom tools to streamline some of this with various modules on the Model S, but it still involves a lot of human brain power to get anything useful. Unfortunately the time I have to set aside for this sort of stuff has been limited lately.

That's as far into this as I'm getting.


Thank You Jason, really appreciated! A long time coming but everything seems clear now.

Is it a coincidence or consequence that we didn´t see any more fires since 2019.16.1.1 and newer then?

What the "abundance of caution" was about remains a mystery.

If there have been no unexplained fires since the update it would suggest the update fixed a major safety problem, right?

I keep reading this and can't figure out how you reach that conclusion.

With 2020.20.17 my S85 also started regaining some capacity.
Here's my Teslafi battery degradation report (it's showing kilometers, not miles).

View attachment 575235

What is the Teslafi 'degradation report' actually showing? Presumably not degradation unless the graph is showing degradation being 'repaired'. Maybe 'recalibration'?

Thanks for posting your findings. This very significant information.

It leads me to think then, why not reverse capacity losses for owners and end this issue.

Very dangerous precedent again.


In fact, it seems several pertinent questions raised following your post still remain unanswered AFAIK.
 
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