The National Highway Traffic Safety Administration (NHTSA) issued a formal Special Order on September 10 requiring Tesla to prove the legality of its Cybercab. The regulator demands a sworn response by September 30 regarding how the vehicle, which lacks a steering wheel, pedals, and mirrors, complies with federal safety standards.
The order contains 21 specific requests signed by NHTSA Chief Counsel Peter Simshauser. The agency questions how Tesla certified the vehicle as compliant with Federal Motor Vehicle Safety Standards (FMVSS) when many of these regulations, such as the requirement for a foot-activated service brake under FMVSS No. 135, assume the presence of a human driver.
NHTSA is investigating whether Tesla used temporary controls to achieve certification and if removing them violates the Safety Act. The agency also notes that Tesla lacks a Part 555 exemption, which is typically required for vehicles that do not meet existing safety standards. For comparison, Amazon’s Zoox received such an exemption in July.
Failure to provide a truthful and complete response to the Special Order could result in penalties of up to $139 million. Tesla began commercial operations of the Cybercab in Austin on September 3, and the company is now required to address these regulatory concerns under oath.
