Tesla Inc TSLA is the subject of a criminal investigation in the US over allegations that his electric vehicles can drive himself, citing three people with information about the situation, according to a Reuters report.

What happened: After more than a dozen glitches with Tesla’s Autopilot driver assistance system, which was activated during the collisions, the US Department of Justice reopened the previously unreported investigation last year, Reuters said quote the sources.

Autopilot vs Human Drivers: Tesla CEO Elon Musk has frequently stated that Tesla’s automated driving software is not only safe, but safer than anything a human driver is capable of.

“Since the introduction of the FSD beta, there has not been a single accident or injury,” Ross Gerber tweeted in January. “Not one. Not one.”
musk answered to say: “Right.”
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On a 2016 conference call, Musk said Tesla’s self-driving capabilities are “probably better” than those of a human driver.

Reuters said its sources suggest Justice Department prosecutors are investigating whether Tesla misled buyers, investors and regulators by making unsubstantiated claims about the capabilities of its driver-assistance technology.

Tesla will soon be rolling out an updated version of its “Full Self-Driving” software, which Musk says will allow users to essentially travel without touching the steering wheel.

The sources told Reuters that the DOJ may have a hard time building the case against Tesla because the company regularly warns on its website — and in the vehicle — that drivers must keep their hands on the wheel at all times, even when they’re driving himself is -driving mode to maintain control of the vehicle.

Investigators may decide to file formal charges, seek civil penalties, or drop the investigation without taking further action, the report said.

Photo courtesy of Tesla.