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

NHTSA has ordered Tesla to prove that its Cybercab is legal to sell, under oath. The agency issued a Special Order demanding Tesla demonstrate compliance with federal safety standards for human-driven vehicles. Tesla has until September 30 to respond. Failing to answer fully and truthfully could result in penalties up to $139 million. The order includes 21 detailed requests and is signed by NHTSA Chief Counsel Peter Simshauser.

Tesla argues that the Cybercab does not meet the standards for human-driven vehicles, but NHTSA is challenging this. The agency is asking Tesla to defend a certification it suspects cannot be defended. Tesla has self-certified the Cybercab as compliant with all applicable FMVSS, but NHTSA is questioning whether the standards assume a driver. The Cybercab lacks a steering wheel, pedals, and mirrors, which are required for human drivers.

Request 19 is the sharpest one. FMVSS No. 135 requires a foot control for service brakes. The Cybercab has none. NHTSA notes that Tesla has publicly stated it could not certify to that standard. The agency is enforcing the requirement against Tesla. The order defines "subject vehicles" as those lacking permanently attached, conventional manual controls. Tesla’s response must be signed under oath, and falsifying or withholding information could lead to criminal penalties.

Tesla is getting ahead of the rules because it doesn’t really believe they will be enforced. The agency is drawing a contrast between Tesla’s approach and Zoox’s. Zoox obtained a temporary Part 555 exemption to operate its robotaxi without controls. Tesla did not apply for an exemption and started charging for rides on September 3. NHTSA is not hostile to driverless cars but is pressing Tesla to comply with the rules. The message is narrower: wanting the rules to change isn’t the same as the rules having changed.

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