NHTSA Special Order on Cybercab — up to $139.35M in penalties at risk

The NHTSA audit opened the day Cybercab launched in Austin on September 3 (Open Audit Query AQ26002) has been escalated this month into a Special Order — a legally binding process, unlike the earlier audit's more data-request-style approach, that compels sworn answers.

According to WSJ, Electrek, Reuters and motor1.com, the order NHTSA issued on September 10 presses Tesla on the basis for its own certification that Cybercab — which has no steering wheel, brake pedal, accelerator pedal or side mirrors — meets Federal Motor Vehicle Safety Standards (FMVSS), and specifically asks whether the vehicle could or should offer a human-operable control option. Tesla has until September 30 to respond.

The core issue is FMVSS No. 135, which requires a foot-operated brake. NHTSA is questioning how a pedal-free Cybercab was self-certified against that standard — and if NHTSA concludes a human-control option is required, that could force a fundamental redesign or limit where the vehicle can operate.

NHTSA said noncompliance or a violation carries civil penalties of up to $139.35 million and criminal penalties of up to 15 years in prison. Tesla shares fell 5.92% the day the original audit opened on September 4, and this escalation — now with concrete penalty figures and criminal exposure attached — is a regulatory risk shareholders will be watching as a potential drag on how fast the robotaxi business can scale.