NHTSA Demands From Tesla What Makes The Cybercab “Street Legal”

NHTSA is investigating whether Tesla used temporary controls to certify the Cybercab, questioning how a vehicle lacking a steering wheel and brake pedal complies with federal safety standards.

The investigation of the Cybercab certification is to determine if the vehicle—which lacks a steering wheel and brake pedal—complies with federal safety standards. An order issued September 10 mandates that Tesla explain by September 30 whether temporary controls were used for certification and how the subsequent removal of this equipment satisfies federal requirements, including the mandate for a foot-operated service brake.

NHTSA is investigating whether Tesla used temporary controls to certify the Cybercab, specifically questioning how it complies with federal mandates like the foot-operated service brake requirement. Tesla must explain its compliance strategy and justify how the vehicle meets safety standards without a steering wheel or brake pedal.

Nor is NHTSA requesting only Tesla’s supporting evidence. Request nine demands information indicating that the vehicles do not comply with an applicable standard, even where Tesla considered a test or analysis invalid. The agency also wants to know which requirements Tesla decided did not apply and the full justification for each decision.

Although the National Highway Traffic Safety Administration (NHTSA) is currently updating its standards to better accommodate autonomous vehicles, all existing regulatory requirements remain in full effect until these revisions are finalized. Consequently, Tesla must provide a sworn affidavit from a responsible officer to attest to the completeness and accuracy of its responses. There is a notable irony in this mandate: for a vehicle specifically engineered to eliminate the need for a human driver, the company now relies on human accountability to certify the validity of its regulatory submissions.

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