NHTSA Opens Investigation into Tesla Cybercab Self-Certification Following Austin Deployment

The US Department of Transportation's National Highway Traffic Safety Administration (NHTSA) today announced that it has opened an Audit Query (AQ) to investigate Tesla's certification that its new Cybercab meets all applicable Federal Motor Vehicle Safety Standards (FMVSS). The enforcement action follows Tesla's commercial deployment of its driverless Cybercab vehicles in Austin, Texas.

How It Works

In the U.S., NHTSA establishes clear vehicle performance requirements. In order for automakers to access the U.S. market, they must certify that their vehicles meet these standards - subject to oversight from the agency to confirm compliance. When certified vehicles appear to not adhere to these requirements, NHTSA conducts an investigation.

Why It's Needed

As part of the Trump Administration's ongoing efforts to unleash American innovation and enhance safety on our roads, NHTSA is in the process of overhauling these standards. Over the last year, the agency announced it has begun working on eight rulemakings - including standards relating to brake pedals, windshield wipers, lighting, and rearview mirrors. The agency looks forward to finishing these critical updates and removing unnecessary barriers to American AV innovation in the coming months. Until that work is completed, however, existing standards remain in force.

"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," said NHTSA Administrator Jonathan Morrison. "Our approach of balancing innovation with safety oversight will allow the United States to maintain its global leadership in AV innovation."

Additional Information

The Audit Query will allow NHTSA to assess the basis for Tesla's self-certification that its Cybercab fully complies with all federal safety standards.

NHTSA's Audit Query will evaluate the technical data and processes Tesla relied upon to self-certify compliance for a vehicle lacking traditional human controls. Among other things, the inquiry will examine whether Tesla's compliance framework relied on determinations that certain standard FMVSS requirements are inapplicable to its automated vehicles.