Fly-by-night self-driving startups will at some point run into issues with the NHTSA. George Hotz self-driving car project was shut down as soon as he announced that he'd start selling some prototype.

States require permits just to be allowed to test self-driving prototypes on the open road. I don't know what the requirements are, but they're probably subject to some kind of review that's more than just filling in a form.