NHTSA Escalates Tesla Cybercab Investigation With Sworn Affidavit Requirement
Federal regulators demand a Tesla officer sign a legal affidavit by September 30, citing potential penalties up to $139 million.
The National Highway Traffic Safety Administration (NHTSA) has escalated its inquiry into the Tesla Cybercab by issuing a Special Order that requires a company officer to sign a sworn affidavit attesting to the completeness of Tesla's responses. The order sets a deadline of September 30 for submission.
What Happened
This legal demand builds on Audit Query AQ26002, which NHTSA opened on September 3, coinciding with the launch of commercial Cybercab service in Austin. Initially, the agency sought to understand how Tesla certified a vehicle lacking a permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. The shift to a Special Order converts the fact-finding review into a legally enforceable demand, a mechanism NHTSA previously used against Tesla during the 2023 Autopilot investigation. Specific requests in the order target design gaps, such as whether temporary human controls were used to help certify the vehicle and how the Cybercab satisfies the rule requiring service brakes to be activated by a foot control, given that the vehicle has no pedal. NHTSA also questions how Tesla complies without an exemption similar to the one granted to Zoox under Part 555.
Why It Matters
While the order does not explicitly state that the Cybercab is unsafe or that a rule was broken, it forces Tesla to defend its self-certification logic under oath. The financial stakes are significant; reports cited by Teslarati suggest potential civil penalty exposure could reach $139 million if regulators later determine the certification was flawed, in addition to criminal risks associated with false sworn statements. Despite the open regulatory question, Tesla has continued to expand the Cybercab's footprint and carry passengers in Austin through the Robotaxi app, as the Special Order does not pause current operations but strictly sets a date for legal accountability.
The Bottom Line
Tesla must provide a sworn, officer-signed response to NHTSA's detailed compliance questions by September 30. The company has not publicly stated how it plans to respond, but the escalation increases the legal and financial pressure on its certification process for the pedal-free vehicle.
