It says that he used FSD as the instructions say for the entire test
Admittedly I only read the part of the affidavit that was interesting to me, but it says: “
During the June 21, 2022 test drive, I brought the 2019 Tesla Model 3 with FSD Beta
10.12.2 up to a speed of forty (40) miles per hour and then
put it in full self-driving mode,
in the manner instructed by the owner's manual, once the car entered the lane defined by
the cones.”
That seems correct. He did
put it in FSD as instructed, with a double pull on the gear stalk.
He specifically said that he kept his hands off the wheel, which is not in keeping with the overall FSD instructions, so I doubt very much that any claim about using FSD correctly was made!
It’s possible that there are pieces of the affidavit that are wrong that I have not read. I was most interested in seeing how many trials they did, so only read a few sections. (In the affidavit they do not say how many trials were done, of course.) All they say is: “
During three (3) of the tests, the 2019 Tesla Model 3 with FSD Beta 10.12.2 was put into
full self-driving mode and it hit the mannequin three (3) times.” So no mention of how many trials were done.
Edit: went to the prior page, which I had not read, to see if I missed anything, and once again, there is just this statement, which makes no claim about FSD actually being used correctly.
It is only a statement about the mode the car is in, not whether it is being used correctly. Very carefully worded!
“The 2019 Tesla Model 3 with FSD Beta 10.12.2
was in full self-driving mode, in the
manner instructed by the owner's manual (as provided in Exhibits A & C) during all
portions of the June 21, 2022 video shoot where the car was being tested to see if it
recognized the child-size mannequin in its path.”