ABA Family Legal Guide

Automobiles

Consumer Protections

Recalls

How does the automobile's manufacturer conduct a defect investigation?

The investigation begins with a press release, then the manufacturer creates a public file to collect comments and information. If the information confirms the defect and the manufacturer declines to recall the vehicle voluntarily, engineers then recommend an initial determination of a safety defect to the NHTSA administrator. If approved, there is a public hearing and the manufacturer receives notice of the basis for the agency's finding. Then the NHTSA decides if a final defect determination and recall is proper. Occasionally, the NHTSA administrator seeks the transportation secretary's approval before ordering a recall.