Self-Certification

Sounds bad, and the claim sounds like consumer fraud but YOLO.

The reason relates to self-certification, a foundational principle of American vehicle regulations. Self-certification works pretty much as it sounds: Automakers are free to design and sell whatever they like, as long as they certify (with a label) that each car adheres to the encyclopedic Federal Motor Vehicle Safety Standards. FMVSS sets design standards for specific elements like seat belts and steering wheels, but it contains massive omissions (i.e., nothing in it references pedestrian safety or maximum acceleration). Updating it takes years.

As long as carmakers like Tesla do not expressly violate FMVSS, they are free to use whatever designs and features they like in the United States. Although Elon Musk said on a recent podcast that the Cybertruck had “passed all of the regulatory tests,” no such tests are required—or even available—from the federal government prior to the launch of a new vehicle. Tesla just needs to give itself the go-ahead.