The US National Highway Traffic Safety Administration has opened a review of a petition against Tesla's driverless robotaxis. The file, DP26010, was opened on 9 October 2026 by NHTSA's Office of Defects Investigation. It follows a petition received on 23 September, which alleges that 2026 Tesla Robotaxis, both the Model Y and the Cybercab, "exceed posted speed limits in active school zones" while the Automated Driving System is engaged.
What NHTSA has opened
| DP26010 | Detail |
|---|---|
| Type | Defect petition review, not yet an investigation |
| Opened | 9 October 2026 |
| Petition received | 23 September 2026 |
| Vehicles | 2026 Tesla Robotaxi, Model Y and Cybercab |
| Estimated population | 1,000 vehicles |
| Incidents counted | 4: one report to NHTSA, three videos in the petition |
| Crashes, injuries or deaths | None |
A defect petition is the step before an investigation. The office now evaluates the allegation and then either grants the petition, which opens a formal defect investigation, or denies it. Electrek notes that federal rules give NHTSA 120 days from receipt to decide, which puts the decision around 21 January 2027.
The evidence so far is limited. The petitioner supplied links to three videos, and NHTSA's own count adds one report from its complaint records. None of the four incidents involved a crash. The opening résumé does not say where the videos were filmed. Tesla's driverless fleet is registered in Texas, where the state register on 10 October listed 319 Cybercabs and 420 Model Ys.
The third federal file on the robotaxi in five weeks
NHTSA opened Audit Query AQ26002 on 3 September to examine how Tesla self-certified the Cybercab, a car without a steering wheel, pedals or mirrors. It followed with a Special Order on the same question, and Tesla's deadline to answer it is now 30 October. Both of those files concern certification. DP26010 is the first of the three to concern how the cars drive, and the first to include the Model Y robotaxis.
Separately, NHTSA's investigation into FSD (Supervised), opened in October 2025 after crashes involving red lights and oncoming traffic, already covers about 2.9 million cars.
Why it matters in Europe
The petition concerns the driverless service in Texas, not the supervised system sold in Europe. But speed in low-limit zones is already part of the European file. A Brussels test found FSD above the limit in 55% of the 30 km/h segments it drove, and Sweden has asked the EU to reject the application unless the speed-offset derogation is dropped. On 6 October Germany's transport ministry said Tesla had agreed to a cap of 10% above the posted limit, alongside the rename to Tesla Assisted Driving. Tesla has confirmed neither the cap nor a rename inside the car.
The EU committee that could approve the system across the bloc meets again in December. NHTSA's deadline to grant or deny the school-zone petition falls about a month after that meeting.