Texas AI Docket

2026-09-10

Published September 10th 9 slides

The deck

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The story

Certified by its maker. Audited that day.

Tesla put a small number of Cybercabs into commercial service in Austin on September 3rd, 2026. The agency records no permanently attached conventional manual controls, naming brake pedal, gas pedal, steering wheel and mirrors.

An audit query is neither a defect investigation nor a recall.

Examination of the process and technical data on which Tesla relied when certifying the Cybercab and related issues.
"certified those Cybercab vehicles as compliant with all applicable Federal Motor Vehicle Safety Standards"

NHTSA's stated subject is the process and the technical data behind that sentence.

Until that work is finished the existing standards remain in force.

The Department of Transportation has proposed removing the manual-controls requirement for vehicles designed to drive themselves.

In 2022 Zoox self-certified a robotaxi that also has no steering wheel and no pedals.

Zoox self-certified in 2022. It later filed for a temporary exemption under Part 555 and received final approval in July 2026.

are themselves being rewritten.

while that is still unfinished.

Nothing in this record says what happens next.

"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."
"plans to gradually expand commercial deployment of the Cybercab"

One route has ruts. One started on September 3rd.

The audit is open. Read its resume by the number. Any interested person may petition NHTSA to decide whether a vehicle meets an applicable standard.

What was verified

24 claims, each re-fetched from its source before this deck shipped.

  1. NHTSA's Office of Defects Investigation opened an Audit Query numbered AQ26002 into Tesla's Cybercab certification.

    OFFICE OF DEFECTS INVESTIGATION Investigation: AQ26002

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  2. The audit query was opened on September 3rd, 2026.

    Investigation: AQ26002 Prompted By: Public Information Date Opened: 09/03/2026

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  3. The action NHTSA took is an Open Audit Query rather than a defect investigation or a recall.

    Action: Open Audit Query (AQ)

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  4. The audit query names Tesla, Inc. as the manufacturer and Tesla Cybercab vehicles as the products under examination.

    Manufacturer: Tesla, Inc. Products: Tesla Cybercab vehicles

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  5. The audit query covers an estimated population of 1,000 vehicles.

    Population: 1,000 (Estimated)

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  6. NHTSA states the purpose of the audit as an examination of the process and technical data Tesla relied on when certifying the Cybercab.

    Problem Description: Examination of the process and technical data on which Tesla relied when certifying the Cybercab and related issues.

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  7. Tesla began commercial deployment of a small number of Cybercab vehicles in Austin, Texas on September 3rd, 2026.

    On September 3, 2026, Tesla began commercial deployment with a small number of its Cybercab vehicles in Austin, Texas.

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  8. Tesla told NHTSA that it had certified those Cybercab vehicles as compliant with all applicable Federal Motor Vehicle Safety Standards.

    Tesla notified the Agency that it certified those Cybercab vehicles as compliant with all applicable Federal Motor Vehicle Safety Standards (FMVSS).

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  9. Tesla also told NHTSA it plans to expand the deployment gradually to more vehicles and more locations.

    Tesla also notified the Agency that it plans to gradually expand commercial deployment of the Cybercab to include additional vehicles and locations.

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  10. NHTSA records that the vehicles have no permanently attached conventional manual controls, naming a brake pedal, a gas pedal, a steering wheel and mirrors.

    The vehicles lack permanently attached, conventional manual controls, such as a brake pedal, gas pedal, steering wheel, and mirrors.

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  11. NHTSA says it will consider how far Tesla's certification rested on determinations that certain standards do not apply to the Cybercab at all.

    Among other things, NHTSA will consider the extent to which Tesla's certification depended on determinations that certain FMVSS are inapplicable to the Cybercab.

    PRIMARY https://static.nhtsa.gov/odi/inv/2026/INOA-AQ26002-17078.pdf · checked September 10th

  12. Reporting confirms the audit was opened the same day Tesla began carrying passengers in Austin.

    NHTSA opened an audit into how Tesla certified the vehicle the same day the company started putting passengers in it in Austin.

    REPORT https://electrek.co/2026/09/04/tesla-cybercab-nhtsa-investigation-fmvss-certification/ · checked September 10th

  13. Reporting identifies the action as an Open Audit Query numbered AQ26002 from NHTSA's Office of Defects Investigation.

    The investigation is an Open Audit Query, numbered AQ26002, from NHTSA's Office of Defects Investigation.

    REPORT https://electrek.co/2026/09/04/tesla-cybercab-nhtsa-investigation-fmvss-certification/ · checked September 10th

  14. Reporting independently gives the covered fleet as an estimated 1,000 Cybercab vehicles.

    covers an estimated 1,000 Cybercab vehicles

    REPORT https://electrek.co/2026/09/04/tesla-cybercab-nhtsa-investigation-fmvss-certification/ · checked September 10th

  15. Many of the federal standards were written around a human driver and assume controls the driver can reach, none of which the Cybercab has.

    They assume there's a steering wheel, a brake pedal, side mirrors, and controls the driver can reach. The Cybercab has none of those.

    REPORT https://electrek.co/2026/09/04/tesla-cybercab-nhtsa-investigation-fmvss-certification/ · checked September 10th

  16. NHTSA announced the probe on the Friday morning after Tesla put the first Cybercabs on Austin streets.

    The National Highway Traffic Safety Administration (NHTSA) announced Friday morning that it opened the probe mere hours after Tesla put the first Cybercabs on the streets of Austin, Texas.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  17. NHTSA Administrator Jonathan Morrison said the agency supports automated vehicles and has to ensure the laws are followed.

    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.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  18. Federal rules require manual controls such as brake pedals, and the Department of Transportation has recently proposed removing that requirement for vehicles designed to drive themselves.

    Federal vehicle safety regulations require manual controls like brake pedals, though the Department of Transportation recently proposed removing those requirements for vehicles that are designed to be autonomously driven.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  19. NHTSA says the standards on manual controls are being rewritten, and that until the work is finished the existing standards still apply.

    Until that work is completed, however, existing standards remain in force.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  20. Zoox self-certified its robotaxi in 2022, a vehicle that also lacks a steering wheel and pedals.

    In 2022, Amazon-owned autonomous vehicle company Zoox self-certified its cube-like robotaxi, which lacks traditional controls such as a steering wheel and pedals.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  21. Zoox later filed for a temporary Part 555 exemption from eight Federal Motor Vehicle Safety Standards so it could charge for rides.

    Zoox then went through the official process and filed for a temporary Part 555 exemption from eight Federal Motor Vehicle Safety Standards in hopes it would get the final OK that would allow it to charge for robotaxi rides.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  22. Zoox received final approval for that exemption in July 2026.

    Zoox received final approval for that exemption in July 2026, eliminating one of the last remaining regulatory hurdles the company needed to clear before launching a commercial robotaxi service.

    REPORT https://techcrunch.com/2026/09/04/feds-launch-investigation-into-teslas-cybercab-deployment/ · checked September 10th

  23. Part 555 is the rule under which NHTSA grants a temporary exemption from one or more federal motor vehicle safety standards.

    This part establishes requirements for the temporary exemption by the National Highway Traffic Safety Administration (NHTSA) of certain motor vehicles from compliance with one or more Federal motor vehicle safety standards

    PRIMARY https://www.law.cornell.edu/cfr/text/49/555.1 · checked September 10th

  24. Any interested person may petition NHTSA's Administrator to start a proceeding on whether a motor vehicle fails to comply with an applicable federal motor vehicle safety standard.

    Any interested person may file with the Administrator a petition requesting him: (a) To commence a proceeding respecting the issuance, amendment or revocation of a motor vehicle safety standard, or (b) To commence a proceeding to decide whether to issue an order concerning the notification and remedy of a failure of a motor vehicle or item of replacement equipment to comply with an applicable motor vehicle safety standard or a defect in such vehicle or equipment that relates to motor vehicle safety.

    PRIMARY https://www.law.cornell.edu/cfr/text/49/552.3 · checked September 10th

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