New York Times hits back at Tesla Motors over fakery accusations

"His broadest charge is that I consciously set out to sabotage the test. That is not so."

The New York Times' John Broder has responded to the claims of Tesla chair Elon Musk which accused him of deliberately driving the Tesla Model S in a way which would limit the range out of a desire to write a piece slating it.

Broder's response is a methodical breakdown of each of Musk's points. Broder details things like the timing of his decision to turn down the temperature, the reason why he drove for half a mile in a service station, and the nature of his "detour" through lower Manhattan. The vast majority of his rebuttals are convincing, and only one of the minor discrepancies remains outstanding — the question of why he says cruise control was set to 54mph when the car's logs show it travelling at 60mph.

The more interesting disagreement is in Broder's explanations of the odd choices he made. Some of them, he explains, were as a result of recommendations made by Tesla staff. For instance, when he set off from one rest stop with only 32 miles of estimated range, despite the next charger being 57 miles away, he says:

It was also Tesla that told me that an hour of charging (at a lower power level) at a public utility in Norwich, Conn., would give me adequate range to reach the Supercharger 61 miles away, even though the car’s range estimator read 32 miles – because, again, I was told that moderate-speed driving would “restore” the battery power lost overnight. That also proved overly optimistic, as I ran out of power about 14 miles shy of the Milford Supercharger and about five miles from the public charging station in East Haven that I was trying to reach.

But with others, we come to the crux of the problem: what is a realistic pattern of use for someone on a long-distance road trip in an electric car? When Broder left the second supercharger, the range estimate told him that he would have enough miles to get to his destination and back without recharging. As it happened, the battery lost charge overnight in the cold weather, and disaster ensued.

Is that a fair pattern of use? Or is it reasonable for Tesla to have expected Broder to be plugged in to the supercharger until it told him "charge complete", which happens at 90 per cent charge? If he had finished charging at each supercharger he plugged in to, it seems unlikely that he would have run out of battery; but then, he also wouldn't have run out of battery if the range estimate had been correct.

On balance, it doesn't seem unreasonable to argue that a real simulation of a long-distance trip in an unfamiliar car would involve charging well in excess of how far you are actually expecting to drive. Broder may not have intended to run the battery flat, but he also didn't make things easy for Tesla. That may be his prerogative as a reviewer, but it also understates the case for the car in real conditions. The downside of a Tesla Model S for most is that you will have to spend a lot more time in charging stations — 45 minutes, rather than 5, to fill up your "tank" — and have to plan a long-distance trip in far more detail than you would for a petrol car. Only if you push it too close to the bone will you actually end up in the situation Broder did.

But while Broder was a harsh, possibly even unfair, critic, he does not appear to have been an untrustworthy one. The NYT's public editor is looking into the matter, but Musk is unlikely to get the apology or retraction he seeks.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Benn vs McDonnell: how Brexit has exposed the fight over Labour's party machine

In the wake of Brexit, should Labour MPs listen more closely to voters, or their own party members?

Two Labour MPs on primetime TV. Two prominent politicians ruling themselves out of a Labour leadership contest. But that was as far as the similarity went.

Hilary Benn was speaking hours after he resigned - or was sacked - from the Shadow Cabinet. He described Jeremy Corbyn as a "good and decent man" but not a leader.

Framing his overnight removal as a matter of conscience, Benn told the BBC's Andrew Marr: "I no longer have confidence in him [Corbyn] and I think the right thing to do would be for him to take that decision."

In Benn's view, diehard leftie pin ups do not go down well in the real world, or on the ballot papers of middle England. 

But while Benn may be drawing on a New Labour truism, this in turn rests on the assumption that voters matter more than the party members when it comes to winning elections.

That assumption was contested moments later by Shadow Chancellor John McDonnell.

Dismissive of the personal appeal of Shadow Cabinet ministers - "we can replace them" - McDonnell's message was that Labour under Corbyn had rejuvenated its electoral machine.

Pointing to success in by-elections and the London mayoral election, McDonnell warned would-be rebels: "Who is sovereign in our party? The people who are soverign are the party members. 

"I'm saying respect the party members. And in that way we can hold together and win the next election."

Indeed, nearly a year on from Corbyn's surprise election to the Labour leadership, it is worth remembering he captured nearly 60% of the 400,000 votes cast. Momentum, the grassroots organisation formed in the wake of his success, now has more than 50 branches around the country.

Come the next election, it will be these grassroots members who will knock on doors, hand out leaflets and perhaps even threaten to deselect MPs.

The question for wavering Labour MPs will be whether what they trust more - their own connection with voters, or this potentially unbiddable party machine.