The federal probe covers an estimated 1,000 Cybercabs, but Tesla has only 45 registered in Texas, and each of those features is required under the Federal Motor Vehicle Safety Standards.
Tesla has about 45 Cybercabs registered in Texas. The federal government is auditing roughly 1,000 of them.
NHTSA's audit query AQ26002, opened within days of Tesla's private Austin launch, is asking how a driverless cab without sideview mirrors, pedals, or a steering wheel got self-certified at all under the Federal Motor Vehicle Safety Standards. Each of those features is required by FMVSS rules that have been on the books for decades.
NHTSA, the National Highway Traffic Safety Administration, the federal agency that oversees vehicle safety, confirmed the audit to multiple outlets this week. The probe is not a recall and not a defect investigation. It is an audit query, a narrower tool NHTSA uses when glaring issues surface in the self-certification paperwork an automaker is required to file under federal law. In the United States, automakers don't apply for permission to sell a vehicle; they self-certify that it complies with every applicable FMVSS rule, and NHTSA can audit that claim after the fact.
For a car with mirrors, pedals, and a wheel, that paperwork is routine. For a vehicle shaped like the Cybercab, the question is whether the standards apply at all and, if they do, what an automaker is supposed to do about features the vehicle was never designed to carry. The standard path is to file for a formal FMVSS exemption, a process that can take years and requires a public safety showing. Tesla does not appear to have filed one. The audit query is, in effect, NHTSA asking why not.
The Cybercab is the second vehicle to test that part of the regime. In 2024, NHTSA used the same audit-query tool on Amazon's Zoox, a purpose-built robotaxi that also lacked traditional controls. The Zoox probe ran for months and ultimately pushed Zoox to pause some testing while it worked through the paperwork. The Cybercab audit suggests the question NHTSA thought it answered in 2024 is not, in fact, settled, and that a second generation of driverless cabs is now running into the same gap.
In June 2026, NHTSA published a modernization of FMVSS No. 135, the light-vehicle brake standard, to accommodate ADS-equipped vehicles, and the rulemaking explicitly anticipates vehicles without a human driver in the loop. That is the strongest defense available to Tesla: the audit is paperwork catching up to a rule already in motion, not a finding of fault. If the modernization already covers the Cybercab, the audit query is the process Tesla is being asked to walk through. If it does not, the audit is the second time NHTSA has used the same tool on a driverless cab and reached the same gap.
The audit covers an estimated 1,000 Cybercabs. Tesla has 45 Cybercabs currently registered with the Texas Department of Motor Vehicles. NHTSA's own number is "an estimate of the affected vehicles," and it is unclear how many Cybercabs actually exist on US roads today. Tesla has said the vehicle will eventually be sold to individual customers at an estimated price below $30,000, but the immediate fleet, the cars the audit is asking about, is tiny.
An audit query forces disclosure. NHTSA can demand the technical data and process Tesla used to certify the Cybercab, and the agency can act on what it finds. A finding that the self-certification was unfounded could require a redesign, a formal exemption filing, or both. The Cybercab is not at imminent risk of being pulled off the road by the audit alone, but the audit is the first formal step in a process that has, in the Zoox case, ended with vehicles being told to add back what they were designed to omit.
NHTSA let the Zoox paperwork go forward in 2024 only after a public process the Cybercab appears to have skipped. The audit query now asks whether the second-generation robotaxi gets the same path.