NHTSA orders Tesla to prove its Cybercab is legal to sell, under oath

Key Points:

• The NHTSA has issued a formal Special Order demanding Tesla prove under oath how its Cybercab, which lacks a steering wheel, pedals, and mirrors, complies with federal safety standards designed for human-driven vehicles, with a deadline of September 30 and penalties up to $139 million for non-compliance.
• Tesla self-certified the Cybercab as compliant with all Federal Motor Vehicle Safety Standards (FMVSS), but NHTSA challenges this, particularly highlighting that the vehicle violates FMVSS No. 135 requiring foot-activated service brakes, a feature the Cybercab lacks.
• The agency questions whether Tesla used temporary human controls to certify compliance and then removed them, potentially violating the Safety Act’s prohibition on making safety equipment inoperative before delivery.
• Unlike Tesla, which self-certified and began commercial Cybercab service without regulatory exemptions, Amazon’s Zoox obtained a formal Part 555 exemption allowing limited commercial deployment of a similar driverless vehicle, illustrating a regulatory path Tesla bypassed.
• NHTSA emphasizes that although it supports driverless vehicle innovation and is working to update safety standards, current rules remain enforceable, and Tesla’s early commercial deployment of the Cybercab without regulatory clearance risks significant legal consequences.