In the 1960s, the Amphicar briefly appeared on the market: a car-boat that could drive directly offshore from the road. Despite its smart tail-fin styling, the Amphicar had all the problems of a car and a boat without working well as either one. The brand did not last long.
Today, the dream of off-roading cars into lakes is alive with Elon Musk. The Technoking of Tesla initially assured consumers that the Cybertruck could “serve briefly as a boat,” and he is still enthusiastic about the possibility. On May 18, a north Texas driver took Musk at his word. Shortly thereafter, everyone in the truck had to escape through the window.
Could Tesla have a responsibility for use of the Cybertruck as a boat? And if it could someday, how would the owner have to handle water safety regulations?
Why Did Jimmy Jack McDaniel Get Arrested?
A 70-year-old Texas Cybertruck owner, Jimmy Jack McDaniel, wanted to show some guests from Germany what the electric vehicle could do. So he took them out to ride on Grapevine Lake in the Dallas-Fort Worth area. McDaniel claims he had done this before in Grapevine Lake and even in the ocean.
But this time, as video shows, the Cybertruck became swamped at the boat ramp, forcing the passengers to climb out of the truck window. According to WFAA, McDaniel “believes water got into the truck's charging port” and shorted out the electric vehicle. First responders later towed it out.
The Grapevine Police Department charged McDaniel with operating a vehicle in a closed section of a park or lake, as well as violations of boat registration and water safety regulations. McDaniel did not have life jackets or a fire extinguisher, as Texas law requires. The Texas Water Safety Act regulates boats and “vessels,” defined as “any watercraft … used or capable of being used for transportation on water.”
The Cybertruck and Water: What Exactly Should It Do?
The Cybertruck manual does not claim that it can be used as a boat. What the truck does offer is “wade mode,” which allows it to pass more safely through shallow water. The vehicle rides higher and protects the battery by pressurizing it. However, the system limits wade mode to 30 minutes of use, and its maximum depth is only 32 inches.
This has not always been the position of Tesla’s CEO, as pointed out in Fast Company’s reporting. Elon Musk, as a driving influence on the Cybertruck’s design, has become its de facto spokesman, and he has wanted to created a “boat mode” for the Cybertruck. Famously, he said in 2022 that the Cybertruck should “be waterproof enough to serve briefly as a boat, so it can cross rivers, lakes & even seas that aren’t too choppy.” In 2025, he tweeted, “With a little work, it should be able to cross some open water.”
When a CEO says one thing about a product, and the product’s manual says another, what should a consumer rely on? Thankfully, no one seems to have been hurt in Grapevine Lake, but relying on wade mode in deep water could end very badly. Could survivors bring a product liability suit against Tesla?
Tesla’s documentation offers an immediate defense, as it explains what wade mode can actually do. It also notes that the warranty does not cover water damage from driving. But any question of liability would still depend on state law, as well as the specific circumstances. Tesla has already faced product liability lawsuits from the Cybertruck’s design and performance. In one tragic case, the families of two young people killed in a California accident alleged that the Cybertruck’s push-button door handles made it impossible to escape from a burning, disabled vehicle.
What If It Does Become a Boat?
If Tesla does develop a successful boat mode, the Cybertruck could join the amphibious vehicles already on the road. There is a small but steady market, including ATVs and EVs, vintage Amphicars, and the duck boats that tour waterfront cities like Boston. However, these vehicles require more than a trip to the local DMV.
Amphibious vehicles have the legal responsibilities of cars and of watercraft. The standards can differ between individual state waters and federal waters, which include major rivers, the Great Lakes, and seacoasts. Maritime regulations requiring life jacket provision and other precautions are “written in blood,” as the saying goes. Duck boats, for example, came under tighter federal regulations after a sinking that killed 17 people in 2018.
With the right expertise, Tesla could well create an amphibious Cybertruck. Time will tell whether the company — as well as its consumers — want to invest in the regulatory compliance and safety concerns that a watercraft requires.