The Roadster has no delivery date yet, so nobody is driving one on a public road. This page is a summary of public reporting, not legal advice.
Short answer
It is not street legal yet, and maybe never everywhere. The flying version is not approved for public roads, the road version has no delivery date, and Musk himself said it “depends on your street” (bdnews24). The legal questions are still open.
What the carmaker says
On the Roadster page Tesla published at the reveal, the note “Not approved for public road use” sits on the card for Rocket, the version described as “Air ready”. The page says flight comes only with Rocket, which “is not available in all regions” (Tesla, archived October 16, 2026).
The Performance version is described as “Road ready”. Asked about road use, Musk said “It depends on your street, but it will be a viable car” and that he was “not sure it’s necessarily legal in all jurisdictions” (bdnews24).
What the FAA says
The FAA told CBS News: “The Tesla vehicle does not meet the FAA definition of an aircraft.” It did not explain why in public (CBS News).
Before the reveal, the FAA set a temporary flight restriction over the SpaceX test site in McGregor, Texas, for September 18 to October 2, 2026; the notice did not mention Tesla (Teslarati).
What NHTSA says
NHTSA told CBS News that while the vehicle “may appear to defy the laws of physics”, the manufacturer must make sure it does not defy the Federal Motor Vehicle Safety Standards (CBS News).
Car makers certify their own vehicles against those standards; aircraft need an FAA airworthiness certificate instead. No airworthiness or road-safety approval for the Roadster has been reported (Decrypt).
What states have said
Florida Governor Ron DeSantis wrote on X that the state would “make sure that it’s legal”, as BroBible reported. That is a political statement, not a law or a rule (BroBible).
How another flying car got cleared to test
Alef Aeronautics received an experimental special airworthiness certificate in 2023 for its Model Zero prototype. It allows test flights; it is not a type certificate for selling to the public (FLYING). More on Alef is on our fact page.
What about an AI clip of your car?
An AI video of your own car taking off is a different question: nothing flew, so road and air rules do not come into it. Use your own photos, label the clip as AI-generated when you post it, and do not present it as real footage. The ramp flip maker makes one from a single car photo.
It is an AI effect, not footage
Nothing in the clip happened. Cars do not fly, and the people, places and vehicles are rebuilt by an AI video model from your photos. Say the clip is AI-generated when you post it; TikTok, Instagram and YouTube all have a label for that. What Tesla really showed on October 15, 2026 is on our fact page.