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Auto Accident Lawyer

Auto Safety News

March 10, 2004
NHTSA getting sued by Center for Auto Safety and Public Citizen
The Center for Auto Safety and Public Citizen has filed a lawsuit against the NHTSA (the National Highway Traffic Safety Administration) due to its policy of limiting auto recalls to select states. In the past, the NHTSA required manufacturers to conduct nationwide auto recalls, but due to pressure from automakers, geographic auto recalls were instituted.

Federal law requires the NHTSA or manufacturer to notify owners of affected auto recalls, when discovered, of the defect and entitles the owner to a free repair or replacement. By the mid-1980s, though, the NHTSA has been allowing manufacturers to conduct regional auto recalls by providing the notice and guaranteed free repair to just the owners that have their cars registered in selected states. This regional auto recall normally only covers less than half of the country, which does not make sense when dealing with a recall that is based on mobility.

The two groups have charged the regional recalls violate the National Traffic and Motor Vehicle Safety Act in that a notice and free remedy is required for owners of defective motor vehicles. In addition, the NHTSA's policy of permitting regional auto recalls is arbitrarily applied and has been implemented into policy illegally by failing to provide notice and solicit public comment before allowing the regional auto recalls, according to the Center for Auto Safety and Public Citizen.

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