It’s Looking Like Tesla’s Cybercab Might Actually Be Illegal to Sell

Shortly after unveiling its steering wheel- and pedal-free Cybercabs in Austin, Texas, regulators at the National Highway Traffic Safety Administration (NHTSA) raised concerns about their compliance with federal safety standards. The agency initiated an investigation to determine if the new vehicles adhered to the Federal Motor Vehicle Safety Standards (FMVSS).

Days later, the NHTSA issued a "Special Order," mandating Tesla to provide sworn testimony that their Cybercabs meet these safety regulations, originally designed for human drivers. This escalated response indicates that Tesla's attempt to deploy self-driving vehicles on public streets may face further regulatory hurdles, potentially making them illegal to sell.

Tesla had previously self-certified its autonomous robotaxis as compliant with all vehicle safety standards, despite the absence of any physical driver controls. The NHTSA has expressed doubts about the vehicles’ ability to meet the FMVSS certification requirements, particularly concerning the lack of a brake pedal, which is mandated to be activated via a foot control according to the FMVSS.

Tesla's decision to self-certify its Cybercab may have serious consequences, as similar actions by Amazon’s Zoox led to an exemption from NHTSA regulations in July. This case highlights the ongoing challenge of navigating regulations in the rapidly evolving autonomous vehicle industry, where Elon Musk-led firms often skirt laws in favor of rapid deployment, leaving room for potential legal repercussions.