NHTSA Investigation

NHTSA Audit Query: Tesla Cybercab FMVSS Certification in 2026 Tesla Robotaxi (cybercab) (AQ26-002)

Opened September 3, 2026 · Tesla, Inc.

✓ Reviewed by Jacob Shayesteh, Esq.·Updated October 2026
AQ26-002
NHTSA action
Audit
Investigation stage
Open
Status
2026
Opened
None
Resulting recall

NHTSA opened an audit query (AQ26-002) on September 3, 2026 into tesla cybercab fmvss certification in 2026 Tesla Robotaxi (cybercab). The investigation is open.

AQ26-002 at a glance

NHTSA action numberAQ26-002
TypeAudit Query
OpenedSeptember 3, 2026
StatusOpen
Vehicles2026 Tesla Robotaxi (cybercab)
Component
ManufacturerTesla, Inc.
Resulting recallNone listed

What is NHTSA investigating in the Tesla Robotaxi (cybercab)?

From NHTSA’s investigation summary:

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

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

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

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

NHTSA is opening this AQ to examine the process and technical data on which Tesla relied when certifying the Cybercab and related issues.

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

What is an audit query?

Audit Query is an inquiry into whether a manufacturer, dealer or other company followed federal recall rules, for example by selling or renting vehicles with open recalls or filing incomplete recall reports.

Did this investigation lead to a recall?

Not yet. The investigation is still open, and NHTSA has not listed a recall from it. Investigations can take months. If your vehicle already has the problem, document every dealer visit now.

Which vehicles are part of this investigation?

Model yearsMakeModel
2026TeslaRobotaxi (cybercab)

What are Tesla Robotaxi (cybercab) owners reporting to NHTSA?

NHTSA’s public complaint database does not list owner complaints for these vehicles yet.

What should owners do?

  1. Check your VIN at nhtsa.gov/recalls for any open recall on your vehicle.
  2. If you have the problem NHTSA is investigating, take the vehicle to a dealer now and get a repair order, even if the dealer cannot find anything.
  3. Keep a log of every time the problem happens: date, mileage and what happened. Photos and videos help.
  4. File your own complaint at nhtsa.gov/report-a-safety-problem. Owner complaints are what start and expand investigations.
  5. If the problem keeps coming back, talk to a lemon law attorney.

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Can a recall or defect investigation make my car a lemon in California?

Not by itself. What matters is whether a covered defect keeps coming back or keeps your vehicle at the dealer, and a federal investigation or recall is strong evidence that the problem is real.

Under California’s Song-Beverly Consumer Warranty Act, a manufacturer that cannot fix a warranty defect that substantially impairs a vehicle’s use, value or safety within a reasonable number of attempts may have to repurchase or replace it (Civ. Code 1793.2(d)). Within the first 18 months or 18,000 miles, the law presumes a reasonable number of attempts after two repairs of a defect likely to cause death or serious injury, four repairs of the same defect, or more than 30 days out of service (Civ. Code 1793.22(b)).

An owner who prevails can recover reasonable attorney fees and costs from the manufacturer (Civ. Code 1794(d)). You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.

In our cases, a recall repair visit counts as a repair attempt, and it's strongest when the owner complained about the problem before the recall came out. A recall shows the defect is real and that enough owners reported it for the manufacturer to issue a fix.

The biggest mistake I see is waiting too long. The mileage offset starts at your first repair visit for the problem, so the sooner you take it in, the better. If the problem comes and goes, take it in when it happens. You can't go back to that date later.

If you get a recall notice, call a lemon law attorney right away. You may have taken the car in for the same problem before and forgotten, or there may be other recalls related to it.

Jacob Shayesteh, Esq. (SBN 362320), Founder and Managing Attorney. Quotes lightly edited for clarity. Prior results do not guarantee a similar outcome.

Frequently asked questions

Does the recall fixing my car mean I have no case?

Not necessarily. Even if the recall repair fixed it, you may still have a case, and a car that's a year or more old can still qualify.

Do used cars qualify for California lemon law?

We take certified pre-owned, demo and dealer vehicles. Since the California Supreme Court's Rodriguez decision in 2024, ordinary used cars generally do not qualify.

How long does a recall lemon law case take?

Recall-related cases typically resolve in one to three months from your first call. Prior results do not guarantee a similar outcome.

What does a lemon law attorney cost?

You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.

Sources

Jacob Shayesteh, Esq., Founder and Managing Attorney of America’s Lemon Lawyer (Wynn Law Group, APC). Licensed by the State Bar of California, No. 362320. His practice focuses on California lemon law under the Song-Beverly Consumer Warranty Act.

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Attorney advertising. America’s Lemon Lawyer is a trade name of Wynn Law Group, APC. Responsible attorney: Jacob Shayesteh, Esq. (SBN 362320). This page reports public NHTSA data and is general information, not legal advice. Not affiliated with NHTSA or any vehicle manufacturer. Prior results do not guarantee a similar outcome.

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