While countless Tesla owners were causing havoc in parking lots across the country, others were hoping the National Highway Traffic Safety Administration would force the automaker to conduct a recall.
In an investigation notice (PDF), the NHTSA revealed their Office of Defects Investigation received a petition requesting the agency look into a battery management software update that was delivered to Model S and Model X vehicles earlier this year.
The NHTSA say the petition alleges the update “reduces the driving range of the affected vehicles” and was released “in response to a potential defect that could result in non-crash fires in the affected battery packs.” The petitioner says Tesla should have notified the NHTSA about the defect and conducted a recall, rather than an over-the-air software update.
Also Read: Tesla Model S Seems To Self-Combust While Sitting In A Parking Lot
While the investigation notice is light on specifics, Reuters notes the compliant is similar to a proposed class-action lawsuit was filed in California this summer. The suit claimed Tesla knew some of its batteries were defective and sent out the update to avoid replacing the batteries packs under warranty. It also claimed Tesla knew the update would negatively impact the range and performance of affected vehicles.
In particular, the suit says the update limited the useable kWh capacity of the battery and this resulted in lower driving ranges. It also claimed the charging speed was reduced and means it takes longer to recharge the battery pack.
The investigation is still in its early stages and it remains unclear if Tesla is in the wrong. However, the government says the issue could impact approximately 2,000 vehicles from the 2012-2019 model years.
