
Tesla’s flying Roadster won’t be on sale until at least 2028, and regulators are already split on how it should be handled. The FAA says the car doesn’t count as an aircraft, NHTSA says it will have to meet federal safety standards, and Florida’s governor has promised to make it legal before a single customer has one. Here’s what’s been said so far and what it could mean for drivers once the car reaches the road.
Tesla is targeting 2028, though the car is still in development. Musk said at the October 15 unveiling that production is planned to start in 2028 at Gigafactory Texas, following repeated postponements since the original 2017 reveal. The prototype shown at the SpaceX site in McGregor, Texas, used cold-gas thrusters to fly over parked Teslas, and it ran without a human driver, which Musk said was a precaution to prevent injuries.
Final specs and pricing could still change before production. Tesla plans three variants, Premium, Thrust, and an invite-only Rocket series, with only the Rocket expected to fly. No purchase price has been announced, but reserving the thruster version currently requires a $250,000 payment, with $5,000 due upfront. The prototype hit 60 mph in 0.81 seconds, and Musk said the production version should be faster.
Not as currently designed. Tesla’s own product page states the Roadster is not approved for public road use. When asked about street legality at the event, Musk said it “depends on your street,” adding he wasn’t sure it would be legal everywhere.
NHTSA has signaled it won’t make exceptions. A spokesperson told Business Insider that the manufacturer must make sure the car complies with Federal Motor Vehicle Safety Standards and that drivers “must obey all local traffic laws.”
Safety advocates are watching the car’s speed closely. Cathy Chase, president of Advocates for Highway and Auto Safety, told Politico the prototype’s apparent 230 mph top speed is her chief concern, noting speeding killed over 11,000 people in U.S. crashes in 2024.
For now, the FAA says no. The agency told CBS News that “The Tesla vehicle does not meet the FAA definition of an aircraft,” meaning it would not need to certify the vehicle as airworthy. That position could shift as the production design takes shape. Former FAA official Michael McCormick warned that vehicles exceeding 250 pounds require federal certification for airspace operations.
Florida is the only state to publicly commit to the Roadster so far. Asked on X whether it would be street legal there, Gov. Ron DeSantis replied, “We will make sure that it’s legal,” joking it could leapfrog golf carts in The Villages. The pledge is a statement of intent, not a bill or executive order, and no legislation, safety requirements, or permitting process has been proposed.
Two states already have flying-car laws on the books. Minnesota’s “Jetsons law” lets residents own a roadable aircraft but bans takeoffs and landings on public roads, following New Hampshire’s 2020 law allowing private ownership of flying cars. With two years before production, more states could write rules covering where thrusters can be used, whether drivers need a special license endorsement, and how police document a crash that starts in midair. Without a federal standard, drivers could face a patchwork of state traffic laws where a maneuver allowed in one state is reckless driving in the next.
Outside the U.S., the picture is similar. Aviation authorities such as the FAA and the UK’s Civil Aviation Authority have no clear framework yet for road-going aircraft of this kind, according to The Independent.
That question is still unresolved, and insurers are already raising it. One insurance expert told Moneywise that street legality alone would not establish coverage for airborne use, and that a failed landing could cost far more than a typical road collision. Liability for vehicle defects would also sit apart from the owner’s policy, so a single crash could involve the driver, their insurer, and Tesla as the manufacturer. That would add to the pressure of injury claim costs already rising faster than inflation.
If you’ve been injured in a crash involving advanced vehicle technology, the independent attorneys we connect you with can help you identify every party that may be responsible.
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