Cybercab Under NHTSA Investigation One Day After Launch

The Cybercab, a vehicle without an accelerator pedal, raises questions about how Federal Motor Vehicle Safety Standard (FMVSS) 124, 'Accelerator Control Systems,' applies to it. This regulation states that when the driver removes force from the control device, power must return to idle, creating a conflict between the existing regulation, which assumes driver operation, and the pedal-less Cybercab.

Therefore, Tesla needs to clearly demonstrate how the Cybercab applies this standard or is exempted from it, which will be a critical part of this certification process.

The application of FMVSS 203 and 204, concerning steering systems and occupant protection, to Autonomous Driving System (ADS) vehicles like the Cybercab is also a point of focus. According to NHTSA technical data, there is no mandatory installation requirement for the steering device itself, but if a steering device is present, it must comply with the protection requirements applicable to that device.

However, for ADS vehicles that lack a steering device entirely, there is a need to separately clarify which requirements actually apply.

FMVSS 111, 'Rearview Mirrors,' is predicated on the assumption that a driver must have a view of the vehicle's rear through the mirror. This is based on the concept of a person viewing a mirror from the driver's seat.

However, since the Cybercab has no driver and no typical mirrors, a significant question arises as to how the Cybercab complies with these driver-centric mirror regulations or otherwise provides an alternative solution.

NHTSA has officially announced that it is undergoing regulation revisions (rulemaking) in a total of eight areas, including brake pedals, mirrors, windshield wipers, and lighting, to address ADS vehicles like the Cybercab. This demonstrates a transitional situation where the maintenance of current standards and proposals for revision are coexisting.

Therefore, the issue with the Cybercab can be understood not merely as Tesla externally violating regulations, but rather as a process of clarifying where the vehicle's design conflicts with existing regulations and establishing a new regulatory framework for it.

The core questions of this Audit Query (AQ) focus on the sufficiency of technical data and the manufacturer's basis for judgment, rather than a binary assessment of Cybercab's legality. NHTSA specifically seeks to confirm which existing FMVSS requirements apply to vehicles without human-operated controls, and if Tesla determined that certain requirements do not apply, what tests and technical data supported that determination.

This aims to ensure the safety of future autonomous vehicles by verifying that the self-certification basis submitted by the manufacturer meets NHTSA's technical review standards.

In the automotive industry, 'self-certification' and 'exemption' are distinct concepts. Self-certification is a system where the manufacturer independently certifies that the vehicle meets applicable standards. Exemption, on the other hand, refers to a separate procedure for requesting approval when it is difficult to meet specific standards as they are, or when proposing alternative methods.

The Cybercab was launched under a manufacturer's self-certification system and differs from cases where an exemption for specific standards was requested. This implies that Tesla was confident in its own compliance with existing regulations when it launched the vehicle.

The core of the Cybercab situation is that Tesla launched the vehicle under a manufacturer's self-certification structure, rather than waiting for prior government approval. This is more akin to a process where technology is developed and introduced to the market first, followed by the corresponding regulations and certification logic.

NHTSA is verifying Tesla's certification basis while simultaneously revising existing regulations to keep pace with rapidly evolving autonomous driving technology. The future success of the Cybercab will likely depend on the validity of the technical data Tesla submits and the harmonization with the new regulatory environment that NHTSA will establish.