Federal accident investigators are poised to find that Tesla’s auto-driving system should share blame for a fatal 2016 crash in which a Model S sedan drove itself into the side of a truck.

The investigative staff of the U.S. National Transportation Safety Board, in its first probe of the wave of autonomous driving systems being introduced by carmakers, has recommended that Tesla’s Autopilot system be declared a contributing factor in the crash because it allowed the driver to go for long periods without steering or apparently even looking at the road, according to a person briefed on the findings.

The safety board’s recommendations could have broad implications for how self-driving technology is phased in on vehicles, and it comes as Congress is debating legislation to spur autonomous vehicle systems.

Tech and auto companies are pouring billions of dollars into a race to develop self-driving vehicles, which carmakers from Tesla to Volvo say could be deployed in less than 10 years.

The NTSB is meeting Tuesday to issue its final findings on the crash and the conclusions are subject to revision by its board members.

The staff has recommended a finding that Tesla’s automation allowed Joshua Brown to effectively let the car drive itself even though the manufacturer had warned customers they weren’t allowed to do so, the person briefed on the findings said.

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Brown, a former Navy SEAL, died when his Model S struck the truck at an intersection.

The truck driver’s failure to yield and Brown’s inattention to the highway were the primary reasons for the collision, the NTSB staff concluded in its draft report, according to the person briefed on it.

Such automation has on the whole reduced accidents, but overly complex systems or poor understanding of how they work can lead to problems. In multiple aviation accidents, such as the 2013 crash of an Asiana Airlines Inc. jetliner in San Francisco, the safety board has found automation systems were at least partly to blame.

Brown, who “loved technology,” believed the Tesla automation has saved lives, according to a statement released by his family Monday through their attorneys.

“We heard numerous times that the car killed our son,” said the statement issued by the law firm Landskroner Grieco Merriman. “That is simply not the case.”

The statement also praised Tesla for improving its Autopilot software after the accident, changes it said were a direct result of the crash.

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Tesla said in a statement last year that customers had to acknowledge Autopilot’s limitations before it would allow the systems to operate.

Every time the system is engaged, it reminds drivers: “Always keep your hands on the wheel. Be prepared to take over at any time.”

Brown, 40, who lived in Ohio, was driving near Williston, Florida, on May 7, 2016, when his car struck the side of a truck trailer that was making a left turn in front of him.

There was no evidence that his car attempted to slow down or that he made any evasive maneuvers, according to previously released NTSB data.

Of the last 41 minutes of his trip, the car’s cruise control and auto-steering systems were engaged for more than 37 minutes, according to previously released data from NTSB.

Brown’s hands were detected on the steering wheel just twice during that time for brief periods of 20 to 30 seconds, according to the agency.


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