Tesla Seeks Full Confidentiality for Response to NHTSA Cybercab Compliance Audit

November 6 — In response to a special order from the National Highway Traffic Safety Administration (NHTSA) requiring sworn certification that the Cybercab complies with federal safety standards, Tesla submitted its reply on the October 30 deadline and requested that the entire response be classified as confidential commercial information and withheld from public disclosure. On September 3, Tesla began commercial paid operations of the Cybercab in Austin, and NHTSA launched audit investigation No. AQ26002 the same day, covering approximately 1,000 vehicles. On September 10, NHTSA's chief counsel signed a special order posing 21 questions and requiring Tesla executives to answer under oath, with incomplete answers subject to fines of up to approximately $139 million and incorrect answers carrying criminal liability. Tesla had applied on September 18 for an eight-week extension to November 20; NHTSA granted a 30-day extension, and Tesla ultimately submitted its response on October 30. The currently public case file contains three documents. The first is Tesla's reply letter, one page in full, stating that "this document is entirely confidential commercial information." The second is a placeholder for the answer to Question 8, which requires Tesla to explain standard by standard how it determined the Cybercab's compliance and whether the basis for certification was physical testing, simulation, or engineering analysis; Tesla requested confidentiality for "each document in its entirety." The third is a 30-page Cybercab interaction guide for emergency responders, which Tesla has published on its website since July. Federal Motor Vehicle Safety Standards require service brakes to be activated by foot control. NHTSA has previously stated publicly that vehicles without a foot brake cannot be certified under that standard and asked Tesla how it complies. FMVSS 108 requires turn signal controls to automatically cancel when the steering wheel returns, and FMVSS 111 requires rearview mirrors; the Cybercab has no steering wheel, no pedals, and no mirrors. Regulators suspect whether Tesla installed temporary driving controls to complete certification and removed them before putting the vehicle on the road. Amazon's Zoox likewise has no steering wheel or pedals; that company pursued a Part 555 exemption application, which was granted in July 2026 with a cap of up to 2,500 vehicles deployed per year. Under procedure, the confidentiality request will be adjudicated by NHTSA's Office of the Chief Counsel, which, if it finds the request unfounded, may require Tesla to disclose a redacted version. As of now, NHTSA has not determined that the Cybercab violates any standard, and approximately 1,000 Cybercabs without brake pedals continue to carry passengers in Austin.