Surprised by the Danger of Tesla’s Cybertruck? So is the Federal Government:A Crash Course on U.S. Automotive Regulation

 By: Cesar Enrique Nava

In November 2019, Tesla Inc. (“Tesla”) unveiled the prototype of its latest innovation in the electric vehicle market—the Cybertruck. The brainchild of Tesla CEO and former “Richest Man in the World” Elon Musk, the Cybertruck, was met with polarizing reactions from critics and fans alike. Some felt the Cybertruck’s polygonal design and purported electric vehicle (“EV”) capabilities, such as a 500-mile range on a single charge, deserved praise. Some felt skepticism over the practicality of the design and Musk’s ability to deliver on any of his promises. Many industry experts questioned the safety capabilities of a sharp, stainless steel, 14,000+ pound truck with an acceleration speed of 0-60 MPH in 2.9 seconds.

            In October 2023, after several delays, Tesla unceremoniously revealed it would begin fulfilling pre-orders and delivering Cybertrucks in a limited quantity on November 30, 2023. Tesla shared virtually no details regarding the final product in the four years following the Cybertruck’s public reveal. Crucial information, such as a final design or spec list, performance and safety test data, and even a starting price, were unknown to the public and pre-order holders two days before deliveries were slated to begin.

Skepticism from automotive safety experts evolved into grave concern during Tesla’s Delivery Day event as the public caught its first glimpse of the compromised  Cybertruck. Crash test footage fueled concerns of significant safety hazards posed by the EV. Specifically, industry safety experts believe the Cybertruck’s sharp and stiff stainless-steel body, the lack of impact-absorbing “crumple zones,” the weight and acceleration of the EV, and the limited driver visibility may pose a risk to drivers, occupants, pedestrians, and other vehicles. The added promise of Tesla’s self-driving capabilities lead some experts to compare the Cybertruck to a “guideless missile” and label it a “deathtrap.”

How was such a potentially dangerous vehicle made street legal? How can a vehicle shrouded in so much secrecy hit the driveway of consumers at a moment’s notice? How can the public be certain the Cybertruck is safe? The answer, according to the United States government, is by trusting Elon Musk.

In the United States, the consumer automotive industry is primarily regulated through two federal agencies. The Environmental Protection Agency (“EPA”) regulates vehicle emissions, and the National Highway Traffic Safety Administration (“NHTSA”), an agency under the Department of Transportation, regulates vehicle safety standards. States and local jurisdictions are permitted to set their own regulations so long as they do not conflict with the standards set forth by the EPA and NHTSA.

            The NHTSA was established through the Highway Safety Act of 1970 (“HSA"), which granted the agency the authority to issue Federal Motor Vehicle Safety Standards (“FMVSS”). The FMVSS specifies construction, design, durability, and performance requirements for vehicles and automotive equipment manufactured in or imported for sale in the United States. Per the HSA, the NHTSA may only mandate minimum safety performance requirements through the FMVSS rather than rigid design mandates all manufacturers must uniformly implement into their vehicles. For example, 49 CFR 571.203 S5.1(a) dictates the impact protection requirements for steering wheel airbags. The regulation reads:

            “When the steering control system is impacted by a body block… at a relative velocity of 24 km/h, the impact force developed on the chest of the body block transmitted to the steering control system shall not exceed 11,120 N, except for intervals whose cumulative duration is not more than 3 milliseconds.”

The utilization of performance requirements grants manufacturers flexibility and creativity on how they wish to achieve the safety standards set before them.

            Despite the NHTSA’s commanding power in establishing regulations, the agency takes a rather hands-off approach regarding the enforcement of the FMVSS. Before a new vehicle or automotive equipment hits the market, the NHTSA does not test nor verify whether the product meets the FMVSS. Rather, car manufacturers are required to “self-certify” that the product meets all requisite federal regulations. Self-certification is determined through a mere “reasonable care” standard. The standard does not require actual testing from the manufacturer and can be established through an engineering analysis or computer simulation. The NHTSA does not require manufacturers to submit documentation supporting their reasonable care efforts, but instead automatically presumes the certification was made in “good faith” when the manufacturer offers the product for sale.

            Other regulators around the globe, such as in Europe and China (the two largest EV markets outside of North America) do not blindly allow so-called “death machines” to take to the streets prior to government scrutiny. Regulators in Europe and China must conduct a rigorous certification process before a new vehicle can enter the market. Further, a vehicle’s inability to gain certification is readily apparent in a market with stricter and more specified automotive regulations. For example, European regulation requires a 3.2 millimeter rounding on protruding parts. The Cybertruck is essentially guaranteed to be found non-compliant and barred from entering the European market because it is impossible to round off the sharp edges of a 1.4-millimeter sheet of stainless steel.

            The limited authority of the NHTSA restricted its ability to regulate the safety of the Cybertruck pre-launch. The NHTSA may also conduct its own safety tests, launch investigations into vehicle manufacturers, create new safety mandates to regulate new technologies, order recalls, and impose hefty fines and punishments for violations of the FMVSS. However, such measures are remedial and only permissible once the agency has enough data to pursue such actions. Despite readily apparent warning signs dating back to its reveal in 2019 and the influx of controversy following its release, as of December 12, 2023, the NHTSA has no plans to test or investigate Tesla’s Cybertruck.

Until the NHTSA decides to intervene—if ever—the safety of American motorists, occupants, and pedestrians unfortunate enough to cross paths with Tesla’s warship of an EV lies in the hands of Elon Musk.