The investigation into Tesla vehicle’s operating on partially automated driving systems that crashed into parked emergency vehicles has moved one step closer to triggering a recall. The National Highway Transportation Safety Administration (NHTSA) reported this past week they are upgrading their probe to a complete engineering analysis. This analysis is another sign of the increased scrutiny of Tesla’s automated systems ability to perform at least some driving tasks.

The engineering analysis has entered its final stage of investigation and in most cases the NHTSA will decide within a year to either order a recall or close the case. Documents recently posted by the agency raise serious questions about the autopilot system. The agency found the system is being used in areas where its capabilities are limited and many drivers aren’t taking action to avoid crashes despite warnings from the onboard system. To date the NHTSA has reports of 16 crashes into emergency vehicles and trucks with warning lights and this has resulted in 15 injuries and 1 fatality.

The probe is covering over 800,000 vehicles and this amounts to almost every vehicle to company has sold domestically since the 2014 model year. Investigators are evaluating additional data including vehicle performance and will “explore the degree to which the autopilot and associated Tesla systems may exacerbate human factors or behavioral risks undermining the effectiveness of the driver’s supervision” the agency says.

The agency has determined that in many cases the drivers had their hands on the wheel yet failed to take action to avoid a crash. “This suggests that drivers may be compliant with the driver engagement strategy as designed” the agency wrote. The agency will have to decide if there is a safety defect before pursuing a recall notification.

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