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Elon Musk standing next to Tesla Roadster 2 Tesla/YouTube

Even Elon Musk isn't sure Tesla's flying Roadster is legal — but he still says it'll be a real car you can buy

On October 15, Tesla’s Vice President of Vehicle Engineering Lars Moravy declared that “flying cars are real.” He said this at a SpaceX Rocket Development and Testing facility in McGregor, Texas, where just moments earlier a scene that resembled something out of a Sci-Fi movie had played out.

A sleek, futuristic second-generation Tesla Roadster (also called the Roadster 2) climbed a curved ramp, maintaining an upside-down position as it ascended the track and then did a jaw-dropping flip through the air before landing softly and driving off.

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The car features an underbody suction fan and compressed-air, cold-gas thrusters that make it capable of remarkable feats like a below-1-second, 0 - 60 mph acceleration and aerial acrobatics. However, while Musk has said the flying Roadster will be “a car that someone can own,” and “it’s going to be pretty pretty wild that you can have a rocket car,” he also made it clear that he is not sure it is legal in all jurisdictions.

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Why Tesla’s Roadster 2 lands in a legal gray area

The Roadster has three variants –– Performance, Thrust and Rocket. The Rocket version was demonstrated on Thursday, and its design and functionality place it in a legal gray area, between two vastly different regulatory structures.

For a car to be deemed “street-legal” in the United States, it must comply with the National Highway Traffic Safety Administration (NHTSA)’s Federal Motor Vehicle Safety Standards, and the Roadster’s thrusters might make this hard.

Standard cars require a crumple zone — parts designed to deform, bend and collapse in a controlled way during a collision, like front bumpers –– for passenger and pedestrian safety. The Roadster 2, however, features high-pressure gas tanks, aerospace-grade valves and protruding air nozzles along the perimeter that may violate these conventional road-safety blueprints.

Tesla’s official Roadster product page includes a disclaimer stating the vehicle is “not approved for public road use.” And Musk described it as “not necessarily a safety-optimized car.”

A NHTSA spokesperson told Business Insider that “while the vehicle may appear to defy the laws of physics, the manufacturer must ensure that it does not defy applicable Federal Motor Vehicle Safety Standards and drivers must obey all local traffic laws.”

In aviation, a vehicle truly capable of leaving the ground falls under the jurisdiction of the Federal Aviation Administration (FAA). However, the FAA has indicated that the thruster-equipped Roadster does not fit its standard definition of an aircraft. “The Tesla vehicle does not meet the FAA’s definition of an aircraft,” an FAA spokesperson said to Business Insider.

While the FAA is actively building frameworks for the rising eVTOL [electric Vertical Takeoff and Landing] sector — such as flying air taxis and advanced cargo drones — the Roadster’s rocket-like “hopping” mechanism does not fit into these sustained-flight categories.

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The Roadster you could actually drive

Of the other two Roadster variants, Performance is the only one that seems to be built for everyday roads.

The official Roadster product page describes the Performance variant as “road ready with seating for two” and featuring “active aerodynamics and a multi-mode suction system that maximizes downforce for next-level performance on and off the track.”

Thrust, on the other hand, is described as “race ready with seating for two.” It also has a multi-mode suction system combined with cold-gas thrusters in the back of the car that push it from 0 - 60 in less than 1 second. This description suggests that Thrust may be strictly for use on race tracks.

Securing the Performance variant requires a $50,000 down payment ($5,000 upfront immediately and $45,000 due within 10 days of the first payment). The Thrust model demands a massive reservation deposit of $250,000.

Tesla’s terms and conditions on reserving the Roadster contain a caveat worth noting.

Item 4 [Delivery] of the document says the Roadster is still under development and “we cannot guarantee when your vehicle will actually be delivered or if it will be delivered.” Musk said on Thursday that production of the Roadster begins in 2028, but the content of the T&C’s indicates that the date is not guaranteed.

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Peace Longe Contributing writer

Peace Longe is a financial journalist with over five years of experience covering various finance verticals.

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