Update on NHTSA Whistleblower Rules

The National Highway Traffic Safety Administration has yet to publish the proposed rules for the NHTSA whistleblower program. This whistleblower program was authorized by the Fixing America’s Surface Transportation (FAST) Act in December 2015.

The terms of the Motor Vehicle Safety Whistleblower Act required the Department of Transportation to publish regulations for the program within 18 months of the date of the passage of the law. According to our informal search, the regulations have still not been published despite the elapse of more than the allotted time. We assume this is the result of issues due to the change in administration and they will be promulgated shortly.

In the meantime, whistleblowers may submit tips to the Department of Transportation prior to the promulgation of the regulations. An attorney for the NHTSA confirmed in an email subsequently published online by the recipient that it is the appropriate agency to submit whistleblower tips under the FAST Act. The NHTSA attorney also confirmed that the statutory provisions are in effect and that early whistleblowers will receive the confidentiality protections specified in 49 U.S.C. ยง 30712(f).

The law provides for the representation of auto whistleblowers by an attorney. If you are an employee of an auto manufacturer, part supplier or dealer, and have information about a serious safety issue with motor vehicles, please call 1-800-590-4116 to speak to Eric Young or another whistleblower attorney at McEldrew Young.