NHTSA issues special order demanding Tesla substantiate Cybercab safety compliance

The National Highway Traffic Safety Administration (NHTSA) issued a Special Order on September 10 requiring Tesla to demonstrate, under oath, how its driverless Cybercab complies with Federal Motor Vehicle Safety Standards (FMVSS). The agency gave the automaker a deadline of September 30, noting that failure to respond fully and truthfully could result in fines of up to $139 million.

The order, signed by NHTSA Chief Counsel Peter Simshauser, contains 21 detailed requests and is addressed to Tesla’s head of litigation and associate general counsel for regulatory affairs. It asks the company to explain how a vehicle lacking a steering wheel, pedals, mirrors and other driver-oriented controls can meet standards that were written for human-operated cars.

One focal point is FMVSS No. 135, which requires service brakes to be activated by a foot control. The Cybercab has no foot pedal, and NHTSA is demanding a detailed justification of Tesla’s certification that it satisfies this rule. The agency also references other standards covering turn signals, mirrors, stability-control telltales and more, questioning whether temporary human-operated controls used during testing can be removed before delivery without violating the “make inoperative” prohibition.

NHTSA notes that it has proposed amendments to the foot-brake rule for automated vehicles, but those proposals have not yet become law. Until such changes are finalized, the existing requirements remain enforceable.

The order highlights that Tesla does not hold a Part 555 exemption, which the agency granted to Amazon’s Zoox in July for a limited fleet of driverless pods. Zoox applied for and received a temporary exemption before commencing commercial service, whereas Tesla self-certified the Cybercab and began charging riders on September 3 without seeking an exemption.

Tesla’s response must be signed under oath by a responsible officer; providing false or incomplete information could lead to criminal penalties, including fines or imprisonment.

"A person may not issue" a certification "if, in exercising reasonable care, the person has reason to know the certificate is false or misleading in a material respect," NHTSA wrote in the order.

The regulator’s action underscores its ongoing effort to modernize safety standards for autonomous vehicles while enforcing existing rules until formal amendments are adopted.