Is Tesla’s Flying Roadster Even Legal? No Clear Answer Before 2028

Is Tesla’s Flying Roadster Even Legal? No Clear Answer Before 2028

Tesla's flying Roadster Rocket is not approved for public roads, and the Federal Aviation Administration says it isn't an aircraft, leaving its oversight unclear before 2028 production.

Key Points:

  • Tesla says the invitation-only Rocket version of its new Roadster is not approved for public road use.
  • The FAA says the car falls outside its definition of an aircraft, while highway safety regulators say they are watching.
  • Asked whether the car is street legal, Elon Musk said it "depends on your street."

Tesla Roadster Oversight

Tesla showed the redesigned Roadster on Oct. 15 at a SpaceX test site in McGregor, Texas, where the car flipped in midair and jumped a row of Tesla vehicles using cold-gas thrusters. Tesla's website says the single-seat Rocket version, which carries 10 thrusters and comes by invitation only, is "not approved for public road use." A senior Transportation Department official admitted the oversight question has no clear answer.

The FAA said the car does not meet its definition of an aircraft, a stance that suggests the agency would not have to certify it as airworthy. The National Highway Traffic Safety Administration, which lets automakers certify their own vehicles, said Tesla must still follow federal safety standards and that it "won't hesitate to act to protect the driving public."

Asked whether the car is street legal, Elon Musk said it "depends on your street."

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Flying Car Certification

Musk did not pitch the Roadster on safety, telling the audience it was "not necessarily a safety-optimized car." The same Transportation Department official voiced doubt that the vehicle will truly be able to take off.

Making any car legal in the air would likely involve two regulators, because carmakers certify road safety themselves while aircraft need an FAA airworthiness certificate. The FAA says certifying a new aircraft type can take five to nine years. One of the closest precedents, Alef Aeronautics, received only an experimental certificate for flight testing in 2023.

Wall Street sees little money in the car. Dan Ives of Yorkville Ives wrote that it "will not move the volume or revenue needle," arguing its value lies in polishing Tesla's image before third-quarter results on Oct. 21.

Tesla first unveiled the second-generation Roadster in November 2017, promising four seats, a 620-mile range and a 2020 launch, with no talk of flight.

Musk floated a SpaceX thruster package the following year as the launch date kept slipping. The new version seats no more than two, promises more than 300 miles of range and will not reach production until 2028.

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Alexey Bondarev

Alexey Bondarev is Head of Content at Yellow.com. He specializes in in-depth Research and Learn pieces, with a focus on analytical reporting, industry context, and the bigger forces shaping crypto, from the AI era and security technologies to fintech innovation. He believes that everything digital will imminently overcome everything analogue and is working hard to make that come true.

Disclaimer and Risk Warning: The information provided in this article is for educational and informational purposes only and is based on the author's opinion. It does not constitute financial, investment, legal, or tax advice. Cryptocurrency assets are highly volatile and subject to high risk, including the risk of losing all or a substantial amount of your investment. Trading or holding crypto assets may not be suitable for all investors. The views expressed in this article are solely those of the author(s) and do not represent the official policy or position of Yellow, its founders, or its executives. Always conduct your own thorough research (D.Y.O.R.) and consult a licensed financial professional before making any investment decision.
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Is Tesla’s Flying Roadster Even Legal? No Clear Answer Before 2028 | Yellow