What happens when NHTSA determines a safety defect exists?
If the manufacturer declines to conduct a recall in response to the Recall Request Letter, the Associate Administrator for Enforcement may issue an Initial Decision that a safety-related defect exists. An Initial Decision will be followed by a Public Meeting, at which the manufacturer and interested members of the public can present information and arguments on the issue. Prior to the Public Meeting, the manufacturer is sent copies of all information on which the Government’s decision is based. A copy of the file is also made available for public inspection in the agency’s Technical Information Services (TIS) Office. During the meeting itself, the manufacturer may attempt to refute the Government’s evidence in addition to presenting new information. Public interest groups, other manufacturers, trade associations, and consumers may also present information that will be considered and evaluated by NHTSA’s Administrator in making a final decision on whether a safety-related defect exists.
