The federal investigation into Tesla’s Cybercab has escalated. On September 10, 2026, the National Highway Traffic Safety Administration issued a formal special order demanding that Tesla explain, under oath, how a vehicle with no steering wheel, pedals, or mirrors complies with federal safety standards written for human-driven cars, according to Electrek. Tesla has until September 30 to respond.
What NHTSA is asking
NHTSA opened its initial audit query on September 4, hours after Tesla began commercial Cybercab service in Austin, Texas. The September 10 order sharpens that inquiry into 21 specific requests, including how the Cybercab satisfies Federal Motor Vehicle Safety Standard No. 135, which requires that “the service brakes shall be activated by means of a foot control,” whether Tesla used temporary manual controls during certification testing before removing them for delivery, and why the Cybercab hasn’t obtained the same Part 555 low-speed-vehicle exemption that competitor Zoox secured for its own driverless design, per Electrek’s reporting. The order is signed by NHTSA Chief Counsel Peter Simshauser and addressed to Tesla’s head of litigation.
What’s at stake
Tesla’s written response has to be signed under oath by a company officer. Electrek reports that incomplete or false answers can bring civil penalties of up to $139 million, and that perjury on a sworn federal filing carries potential criminal penalties, including prison time for the individual who signs it.
None of this changes anything for a Tesla owner’s own car today — the investigation is specific to the two-seat, no-manual-controls Cybercab used in Tesla’s Austin robotaxi service, not to personally owned Model 3, Model Y, or Cybertruck vehicles using Full Self-Driving (Supervised). But it’s the clearest sign yet that regulators plan to closely scrutinize how Tesla certifies vehicles built without human controls before Cybercab service expands to more cities. Tesla’s September 30 deadline lines up with the end of the month, so a response — or a request for an extension — is worth watching for.
Photo by Stephen Leonardi.









