Tesla Put Cybercabs on Austin Streets. Federal Regulators Opened an Audit the Same Day.
The two-seater has no steering wheel, no pedals and no mirrors, and Tesla certified it as road-legal itself. NHTSA now wants to see how the company decided the rules did not apply.
The National Highway Traffic Safety Administration opened an investigation on Friday into how Tesla certified the Cybercab as road-legal, hours after the first of the vehicles began carrying paying passengers in Austin, Texas. The filing is an Open Audit Query, numbered AQ26002, from the agency's Office of Defects Investigation. It was opened September 3, describes itself as "prompted by public information," and covers an estimated 1,000 vehicles.
The Cybercab is a two-seater with no steering wheel, no pedals and no side mirrors. In the United States, automakers are not required to get a vehicle approved by a regulator before selling it. They self-certify that it meets the Federal Motor Vehicle Safety Standards, and NHTSA investigates afterward if it has doubts. Tesla told the agency it self-certified the Cybercab as compliant with all applicable standards.
The problem is that many of those standards were written around a human driver. They assume a steering wheel exists, that a brake pedal exists, that there are mirrors and controls within reach. Tesla's position, in effect, is that a car with no human controls falls outside those particular rules. NHTSA said it will examine "the process and technical data on which Tesla relied when certifying the Cybercab," and specifically "the extent to which Tesla's certification depended on determinations that certain FMVSS are inapplicable to the Cybercab."
"NHTSA fully supports the safe development and deployment of automated vehicles. But as the federal regulator, we need to ensure that all of our laws are followed," administrator Jonathan Morrison said in a statement. "Our approach of balancing innovation with safety oversight will allow the United States to maintain its global leadership in AV innovation."
There is a template for what happens next, and Tesla will not like the timeline. Amazon-owned Zoox self-certified its steering-wheel-free robotaxi in 2022. NHTSA issued a special order, then formally opened an audit query the following year, the same instrument now aimed at Tesla. Zoox eventually gave up on the self-certification argument, filed for a temporary Part 555 exemption from eight federal standards, and received final approval only in July 2026 — roughly four years later. That exemption caps Zoox at 2,500 added vehicles a year for two years. It began charging for rides in Las Vegas weeks afterward.
Tesla did not seek an exemption. The agency noted on Friday that the Department of Transportation has proposed removing manual-control requirements for vehicles designed to drive themselves, and said it "looks forward to finishing these critical updates and removing unnecessary barriers to American AV innovation in the coming months." It added a caveat: "Until that work is completed, however, existing standards remain in force."
The launch itself was unusually quiet for Tesla. There was no livestreamed reveal, no stage presentation and no public remarks from Elon Musk. The company invited a small group of shareholders and friendly online commentators to ride first, with guests reportedly asked to sign nondisclosure agreements, before opening rides more broadly through its Robotaxi app. The Cybercab is not being sold to consumers; Tesla has been sounding out whether fleet owners want to buy the vehicles and run robotaxi services themselves.
The audit joins a stack of open federal scrutiny of Tesla's driving software. NHTSA already has an investigation into Full Self-Driving covering 3.2 million vehicles after a series of visibility-related crashes, and it has collected crash data showing a Tesla remote operator crashed a robotaxi earlier this year. The Cybercab runs a close relative of that software.
Originally reported by TechCrunch.