Sidley has proven experience in managing the most complex issues related to compliance with the National Highway Traffic Safety Administration (NHTSA) and other motor vehicle safety laws and regulations. Our lawyers offer elite counsel to automobile manufacturers and suppliers on NHTSA investigations, administrative subpoenas, recalls, and reports of defects. With one of the strongest and most diverse automotive defense practices in the United States, we provide clients with a significant competitive edge. Our team boasts extensive regulatory experience, top-tier litigation and appellate support, and a multidisciplinary approach that addresses the wide array of legal and business challenges our clients encounter.
Clients routinely seek our advice on a number of NHTSA matters, including:
- Anticipating developing requirements for emerging technologies, including vehicle automation and battery systems.
- Counseling manufacturers regarding their responsibilities for defect reporting and Federal Motor Vehicle Safety Standard (FMVSS) compliance, including National Traffic and Motor Vehicle Safety Act and TREAD Act reporting.
- Representing original equipment manufacturers (OEMs) and Tier 1 suppliers in internal investigations related to defect reporting and timeliness queries.
- Advising clients on National Traffic and Motor Vehicle Safety Act reporting requirements, which dictate that vehicle manufacturers must report safety-related defects and vehicle noncompliance to the NHTSA.
- Counseling clients on TREAD Act reporting requirements — the specific “Early Warning” requirements that mandate manufacturers to inform the NHTSA about any product defect-related information.
- Responding to formal and informal information requests.
- Advising clients on compliance with NHTSA Standing Orders related to vehicle safety.
Representative matters
- Representing a manufacturer in a Special Order information request related to electric vehicle charging equipment.
- Representing a tire manufacturer in Part 573 reporting related to FMVSS compliance.
- Representing an OEM senior manager in a criminal investigation related to timely disclosure of a safety defect.
- Defending American Honda Motor Co., Inc. in TRW airbag proposed class actions.
- Representing a Japanese Tier 1 supplier in an internal investigation of alleged falsification of quality testing.
- Representing a Tier 1 supplier in an NHTSA defect investigation, including filing Part 573 reports and counseling on follow-up strategy with the NHTSA.
- Responding to Information Request letters and Special Orders in Preliminary Evaluations (PE) and Engineering Analyses (EA), including gathering documents, interviewing engineers, analyzing data with third-party consultants, preparing narrative responses, and follow-up engagement with NHTSA staff in the Office of Defect Investigation.
- Counseling an OEM on the American Automobile Labeling Act.
- Preparing an analysis of whether a field problem in light-duty vehicles constituted a safety-related defect under the Motor Vehicle Safety Act, rather than an issue resulting from customer abuse or ordinary wear-and-tear.
- Representing Aptiv PLC in the ARC airbag proceeding, the largest NHTSA recall matter in history.
- Defending Hyundai Motor America in the ARC airbag putative class actions.
- Defending an RV manufacturer in a NHTSA Timeliness Query (TQ) regarding the timing of a Part 573 defect report.
- Advising a Tier 1 supplier on the potential FMVSS implications of developmental testing failures.
- Conducting in-depth diligence of an OEM’s National Traffic and Motor Vehicle Safety Act compliance as part of a transaction, including analysis of potential safety-defects, FMVSS compliance, and TREAD reporting.
- Preparing comments on proposed NHTSA rules, including on autonomous vehicles and fuel economy (CAFE) standards, both for individual companies and trade associations.
- Advising a Tier 1 supplier on the DOJ criminal investigation of an OEM regarding a component provided by the supplier, which allegedly resulted in vehicle fires.
- Representing a battery manufacturer in negotiating NHTSA responsibilities with an OEM.
- Analyzing litigation options for an auto component supplier threatened with a public hearing conducted by the NHTSA on an alleged NHTSA safety defect in motor vehicle equipment.
- Preparing NHTSA settlement terms as part of negotiated resolutions of investigations of TQs and RQs.
- Conducting a National Traffic and Motor Vehicle Safety Act audit of a trailer manufacturer.
- Advising on notification requirements for a suspended government contractor for parts supplied to a major U.S. automobile manufacturer in 2016.
- Conducting a 2014 investigation of a component involved in the General Motors (GM) recall of various GM models related to the ignition switch.
