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1302Robotaxis

Tesla Asks NHTSA to Keep Cybercab Certification Answers Confidential

Only a 30-page firefighter guide is public; the legal basis for the steering-wheel-less car’s compliance is sealed.

Tesla has submitted its sworn responses to the National Highway Traffic Safety Administration (NHTSA) regarding the Cybercab’s federal safety compliance, but the company is requesting that the entire filing be kept confidential. The submission met the October 30 deadline set by the agency’s Special Order, yet the public record contains almost no information about how the steering-wheel-less vehicle was certified.

What Happened

NHTSA issued a Special Order in September requiring Tesla to explain, under oath, how the Cybercab meets Federal Motor Vehicle Safety Standards (FMVSS) despite lacking a steering wheel, pedals, and mirrors. The order included 21 specific questions and carried potential civil penalties of up to $139 million for incomplete answers. Tesla initially requested an eight-week extension, citing the volume of the request, but NHTSA granted only 30 days, setting the final deadline for October 30.

The public docket for this case, AQ26002, contains three documents. Two are effectively empty: a one-page cover letter stating that "the entirety of this file is confidential business information," and a placeholder for the response to Request 8, which asked for the specific standards and testing methods used. The only substantive document available to the public is Tesla’s "Cybercab First Responder Interaction Plan," version 1.2, a guide originally published in July for emergency personnel.

This firefighter guide provides limited insight, noting that the Cybercab is "not typically equipped" with controls and describing an operational design domain that includes public roadways in various weather conditions. However, it does not address the core regulatory questions regarding FMVSS 135 (foot-activated brakes), FMVSS 108 (turn signals), or FMVSS 111 (mirrors), nor does it explain why Tesla self-certified rather than seeking an exemption like Amazon’s Zoox.

Why It Matters

The confidentiality request obscures the legal and engineering rationale behind one of the industry’s most significant autonomy launches. Unlike competitors such as Zoox, which publicly filed for a Part 555 exemption capped at 2,500 vehicles, Tesla self-certified the Cybercab and began charging for rides in Austin. By sealing the certification argument, Tesla prevents public scrutiny of how it claims to comply with standards that explicitly require physical controls absent from the vehicle.

NHTSA’s Chief Counsel will now review the confidentiality claim under Part 512. If the agency rejects Tesla’s request, it can order a public version of the filing to be released. If accepted, approximately 1,000 Cybercabs will continue to operate in Austin on a certification basis that remains hidden from public view. This development follows a similar pattern in June 2025, when Tesla requested confidentiality for its answers regarding the original Robotaxi launch, which never surfaced publicly.

The Bottom Line

Tesla has answered NHTSA’s mandatory questions on Cybercab compliance but has asked the agency to keep the entire response secret. The public currently sees only a first-responder guide, while the critical details of how a car without pedals or a steering wheel meets federal safety standards remain sealed pending NHTSA’s decision on the confidentiality request.

Sources

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