Cybercab NHTSA investigation: what the two federal files say

Yes, as of October 25, 2026, NHTSA has two open files on Tesla’s driverless cars, and neither is a recall or a finding that anything is wrong. The first, Audit Query AQ26002, checks how Tesla certified the Cybercab as meeting federal safety standards, and Tesla’s sworn answers are due October 30, 2026. The second, defect petition DP26010, asks NHTSA to investigate reports of Tesla Robotaxis speeding in school zones, and NHTSA has not yet decided whether to open an investigation. Meanwhile, on its October 21 earnings call, Tesla said it is still “trying to get Cybercabs to customers by the end of this year, 2026.”

Status of both files as of October 25, 2026

AQ26002: the audit of how Tesla certified the Cybercab

In the US, carmakers certify their own vehicles as meeting the Federal Motor Vehicle Safety Standards (FMVSS), and Tesla did the same with the Cybercab (per TechCrunch, October 21, 2026). According to NHTSA’s opening record, Tesla began commercial deployment of a small number of Cybercabs in Austin on September 3, 2026, and told the agency it certified them as compliant with all applicable FMVSS. NHTSA opened AQ26002 the same day, which TechCrunch described as “just hours after” the Austin launch.

The record says the Cybercab lacks “permanently attached, conventional manual controls, such as a brake pedal, gas pedal, steering wheel, and mirrors.” NHTSA is examining “the process and technical data on which Tesla relied when certifying the Cybercab and related issues,” including “the extent to which Tesla’s certification depended on determinations that certain FMVSS are inapplicable to the Cybercab.” In plain words: some safety rules are written around a human driver, and NHTSA wants to see how Tesla decided which of them apply to a car that has no driver’s seat.

What an audit query is not: it is not a recall and not a defect finding. NHTSA’s record lists it as prompted by “Public Information.” Tesla’s position, per the same record and Electrek’s September 4 report, is that the Cybercab is compliant with all applicable standards, and that it plans to expand gradually to more vehicles and locations.

The Special Order and the October 30 deadline

On September 10, 2026, NHTSA Chief Counsel Peter Simshauser signed a Special Order in AQ26002 with 21 requests. A Special Order is a legal demand for information, and Tesla’s answers must come with an affidavit from a responsible Tesla officer. The requests include which standards Tesla treated as applicable or inapplicable, whether occupants can move the car from its touchscreen, how Tesla says it meets the FMVSS 135 line “The service brakes shall be activated by means of a foot control,” and how the Cybercab complies “without any exemption under 49 CFR Part 555.”

The original due date was September 30. NHTSA’s memo to the file, dated September 29, says Tesla asked on September 18 for eight more weeks, to November 20, citing “the voluminous nature of the request.” On September 22, NHTSA granted 30 days instead, making the new due date October 30, 2026. Tesla North and Not a Tesla App both reported the extension on October 8. We found no report that Tesla has filed its answers yet (checked October 25, 2026).

DP26010: the school-zone petition

A defect petition is a request from the public asking NHTSA to open a safety investigation. According to NHTSA’s record, the agency received this one on September 23, 2026 and opened DP26010 on October 9 to evaluate it. The petition alleges that model year 2026 Tesla Robotaxis, Model Y and Cybercab, with the automated driving system engaged, “exceed posted speed limits in active school zones.” NHTSA estimates about 1,000 vehicles.

NHTSA’s record lists four incidents: one in its own complaint data and three social media reports included in the petition, which came with three links to video. It lists no crashes, no injuries and no deaths. NHTSA has not decided whether to grant or deny the petition, as Bloomberg reported (via Insurance Journal, October 13) and Tesla North reported October 12. Bloomberg said Tesla did not immediately respond to a request for comment.

Why the rules themselves are the backdrop

Current federal standards were written for cars with manual controls. TechCrunch notes the Cybercab is missing features the current standards require, “like a brake pedal and side mirrors,” and that NHTSA has proposed removing some of those requirements. The furthest-along example is the June 2026 proposal to amend FMVSS 135 so foot-brake requirements apply only to vehicles with manual controls (per Crowell & Moring, July 2, 2026). TechCrunch reported on October 22, 2026 that “that rule change is likely still at least a few months away.” The Special Order itself points to NHTSA’s publicly announced plans to modernize the FMVSS.

What could happen next

These are the procedural paths the law and NHTSA’s own records describe. They are not predictions, and NHTSA has published no timeline for finishing either file.

For the audit query (AQ26002)

• Tesla answers under oath by October 30. The Special Order says its requests are “continuing,” so Tesla must update its answers if it learns of new or different information.
• If Tesla answers incompletely or untruthfully, the Special Order says that may lead to a referral to the Department of Justice for a civil action to compel responses, and civil penalties of up to $27,874 per day, up to $139,356,994 for a related series of violations.
• If Tesla itself decides a car does not meet a standard, federal law (49 U.S.C. 30118(c)) requires it to notify NHTSA, owners, purchasers and dealers, which is how a recall starts.
• If NHTSA concludes a car does not meet a standard, the law lets it decide so only after giving the manufacturer a chance to present information, views and arguments, and then order notification and a remedy, a recall (49 U.S.C. 30118(b)).

Nothing in the public file says NHTSA has reached any conclusion.

For the school-zone petition (DP26010)

• NHTSA must grant or deny it within 120 days of the petition being filed (49 U.S.C. 30162(d)). Counting from the September 23 receipt date on NHTSA’s record, that is January 21, 2027.
• If granted, the law says NHTSA “shall begin the proceeding promptly.” NHTSA’s defect investigations generally move from a Preliminary Evaluation to an Engineering Analysis, and can end in a recall or be closed (Center for Auto Safety).
• If denied, NHTSA must publish its reasons in the Federal Register (49 U.S.C. 30162(d); 49 CFR 552.10 sets 45 days for that notice).

What it means if you plan to own one

There is no outcome yet, in either file. The audit matters for buyers because federal law, as the Special Order quotes it, says a vehicle may not be sold unless it “complies with [all applicable FMVSS] and is covered by a certification.” TechCrunch wrote on October 21 that the investigation’s outcome “could affect whether Tesla, or anyone else, can legally operate the Cybercab.” NHTSA has not found any noncompliance.

Tesla’s sales target is spoken, not written. Lars Moravy, Tesla’s vice president of vehicle engineering, said on the October 21 call that Tesla is “trying to get Cybercabs to customers by the end of this year, 2026,” starting small, without saying whether those customers are individuals or fleet businesses. It is not in Tesla’s written Q3 2026 Update, and Tesla has published no Cybercab price, order page or delivery date (details in our Q3 2026 earnings breakdown). For what Tesla says about its Robotaxi safety record, see our read of the Tesla Robotaxi Safety Report.

If you are making money decisions around the Cybercab, read the NHTSA records yourself and talk to a lawyer. Nothing here is legal advice.

DockDuty sells depot stalls to people planning to own robotaxis, so it is not a neutral party; nothing here is investment advice.

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Cybercab NHTSA investigation: FAQ

Is the Cybercab under investigation by NHTSA?

Its certification is under review. NHTSA opened Audit Query AQ26002 on September 3, 2026 to examine how Tesla certified the Cybercab as meeting federal safety standards, covering an estimated 1,000 vehicles. An audit query is not a recall and not a defect finding, and Tesla says the Cybercab meets all applicable standards.

Can NHTSA stop Cybercab sales?

NHTSA has not tried to, and it has made no finding. Federal law says a vehicle may not be sold unless it complies with all applicable safety standards and is certified. If NHTSA ever decided the Cybercab does not comply, the law requires it first to give Tesla a chance to respond, and then lets it order owner notification and a remedy, a recall. Nothing here is legal advice.

When is Tesla’s response to NHTSA due?

October 30, 2026. NHTSA’s Special Order of September 10 originally set September 30. Tesla asked for an extension to November 20, and NHTSA granted 30 days, according to its memo to the file dated September 29.

What is the Tesla robotaxi school zone probe?

Defect petition DP26010, opened by NHTSA on October 9, 2026 after a petition received September 23. It alleges Tesla Robotaxis, Model Y and Cybercab, exceed posted speed limits in active school zones. NHTSA lists four incidents and no crashes, injuries or deaths, and has not decided whether to open an investigation.

Does the investigation change Tesla’s plan to sell Cybercabs this year?

Tesla has not said so. On its October 21, 2026 earnings call, Lars Moravy said Tesla is “trying to get Cybercabs to customers by the end of this year, 2026.” That is a spoken target, not a written one, and Tesla has published no price, order page or delivery date.