NHTSA Civil Penalty Shows Need For Reporting Vigilance

Law360, New York (August 6, 2015, 7:51 AM EDT) -- Most vehicle and equipment manufacturers are aware of the requirement to notify the U.S. National Highway Traffic Safety Administration of defects in their vehicles or equipment that relate to motor vehicle safety or failures to comply with a Federal Motor Vehicle Safety Standard (FMVSS). This regulation, 49 CFR § 573.6 ("Defect and noncompliance information report,") commonly known as the five-day letter, requires companies to notify the agency within five business days of determining that their vehicles or equipment contain a safety-related defect or fail to comply with an FMVSS. Absent an exemption for defects or failures to comply that the NHTSA deems inconsequential to motor vehicle safety (49 CFR Part 566), the section 573.6 report will trigger the recall (i.e., notification and remedy) requirements of the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. § 30101 et seq. and NHTSA regulations....

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