The National Traffic and Motor Vehicle Safety Act, originally enacted in 1966 and now recodified as 49 U.S.C. Chapter 301, gives the Department of Transportation's National Highway Traffic Safety Administration (NHTSA) the authority to issue vehicle safety standards and to require manufacturers to recall vehicles with safety-related defects. Since then, more than 215 million cars, trucks, buses, recreational vehicles, motorcycles and mopeds, as well as 24 million tires, have been recalled to correct safety defects. Many of these recalls have been initiated voluntarily by the manufacturers, while the others have been either influenced or ordered by NHTSA via the courts. If a safety defect is discovered, the manufacturer must notify NHTSA, as well as vehicle or equipment owners, dealers, and distributors. The manufacturer is then required to remedy the problem at no charge to the vehicle owner. NHTSA is responsible for monitoring the manufacturer's corrective action for adequacy and for compliance with statutory requirements.

When Is a Recall Necessary?

1. When a motor vehicle or item of motor vehicle equipment (including tires) does not comply with a Federal Motor Vehicle Safety Standard.

2. When there is a safety-related defect present in the vehicle or equipment.

Federal Motor Vehicle Safety Standards set minimum performance levels for those parts of the vehicle which most effect its safe operation (brakes, tires, lighting) or which protect drivers and passengers from death or serious injury in the event of a crash (air bags, safety belts, child restraints, energy absorbing steering columns, motorcycle helmets) and are applicable to all vehicles and equipment manufactured for sale in the United States certified for use on public roads and highways.

What Is a Safety-Related Defect?

Generally, a safety-related defect is a problem that exists in a motor vehicle or item of motor vehicle equipment which:

1. Poses an unreasonable risk to safety, and

2. Is common to a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.

How Can I Report a Safety Problem to NHTSA Quickly and Easily?

If you think you have an auto safety problem, reporting it to NHTSA is an important first step. If the agency receives similar reports from a number of people, this frequently indicates that a safety-related defect may exist which warrants investigation.

In order to make it convenient to report your safety problem, NHTSA operates the Department of Transportation's (DOT) toll-free Auto Safety Hotline telephone service to collect accurate and timely information on vehicle safety problems. Consumers can dial 1-888-DASH-2-DOT (888-327-4236) from anywhere in the United States, Puerto Rico, and the Virgin Islands to lodge complaints or receive recall information about a vehicle they are thinking of buying or already own. The toll-free service also has Spanish-speaking representatives. The Hotline also accommodates the hearing-impaired by means of teleprinter facilities available in private homes, libraries, or public institutions serving the deaf. The hearing-impaired can make direct inquiry to NHTSA by calling, toll-free, 1-800-424-9153

Do Manufacturers Ever Make Defect Determinations and Initiate Recalls Without a Government Order?

Yes. Most decisions to recall and remedy safety defects on new vehicles are made voluntarily by manufacturers prior to any involvement by NHTSA. Also, through their own tests, inspection procedures and information gathering systems, manufacturers often discover that a safety defect exists or that the requirements of a safety standard have not been met. Under 49 U.S.C. Chapter 301, the manufacturer is obligated to report such findings to the Government and take appropriate action to correct the problem. However, as vehicles age with use, certain design and performance problems may occur which are often reported by owners to NHTSA. These reports form the basis for NHTSA's defect investigations, which often result in significant safety recalls.

How Will I Be Notified if a Recall Is Ordered or Initiated?

Within a reasonable time after the determination of a safety defect, or noncompliance, manufacturers must notify, by first-class mail, all registered owners and purchasers of the affected vehicles of the existence of the problem and give an evaluation of its risk to motor vehicle safety. The manufacturer must explain to consumers the potential safety hazards presented by the problem. Names of vehicle owners are obtained from State motor vehicle offices. The letter must instruct consumers on how to get the problem corrected, remind them that corrections are to be made at no charge, inform them when the remedy will be available, how long the remedy will take to perform, and who to contact if there is any problem in obtaining the free recall work.

If you do not receive a letter of notification from the manufacturer but think that your vehicle might be involved in a recall campaign, call the Auto Safety Hotline at 1-888-DASH-2-DOT (888-327-4236), or contact the manufacturer or your dealer.

What Are the Ways in Which a Recalled Vehicle or Item of Equipment May Be Remedied?

Once a defect determination is made, the law gives the manufacturer three options for correcting the defect: repair, replace, or refund. The manufacturer may choose to repair the vehicle; replace the vehicle with an identical or similar vehicle; or refund the purchase price in full, minus a reasonable allowance for depreciation. In the case of tires and equipment, the manufacturer can either repair or replace.

If I Had a Defect Repaired at My Own Expense Before a Manufacturer's Recall, Am I Legally Entitled to Reimbursement from the Manufacturer?

No. Under 49 U.S.C. Chapter 301, manufacturers are required only to correct at no charge those defects which exist at the time of the recall. The law makes no provision for compensation to motorists who experienced the problem before the recall and had corrections made at their own expense. In addition, the manufacturer is not responsible for damages caused by the defect, so we encourage owners to have the recall work done as quickly as possible.

However, in some instances, manufacturers have voluntarily agreed to absorb such costs, and provided refunds to consumers who had defects previously corrected for "goodwill" purposes--providing that consumers have been able to present documentation to prove that the earlier repairs remedied the defect in question.

Are There Any Limitations on My Right to Have My Vehicle Remedied at No Charge?

Yes. A limitation pertains to the age of the vehicle. In order to be eligible for remedy at no cost, the vehicle cannot be more than 8 years old on the date the defect or non-compliance is determined. Under the law, the age of the vehicle is calculated from the date of sale to the first purchaser. For example, if a defect is found in 1999 and a recall ordered, manufacturers are required to make the correction available at no charge only to cars purchased new in 1991 through 1999. However, consumers should realize that even though manufacturers are not obligated to remedy safety defects in older cars, a safety problem may still exist. If you receive notification of a defect on a vehicle older than eight years, take the responsibility to have your car repaired at your own expense. Eliminate any unnecessary risks.

Also, if the manufacturer challenges the agency's final determination of a safety defect, there is no obligation to remedy the defect while the case is in court. If you decide to take your vehicle in for correction after the agency's decision is made but before the case is finally decided and the court decides that the defect is not safety-related, Federal law does not require that the manufacturer reimburse you for the repair work. However, if the court upholds NHTSA's final determination, you may be entitled to reimbursement. Be sure to save all receipts and paperwork so that you can prove the repairs were made after the agency made its final determination.

What about Tires?

The law requires tire manufacturers to repair or replace at no cost to the consumer only those tires purchased within three years of the defect or non-compliance determination. Furthermore, in order to obtain free replacement or repair of a recalled tire, consumers must bring the tires to the dealer within 60 days of receiving the notification letter from the manufacturer. If replacements are not available when you present the tires, get a written acknowledgment from the dealer, and keep it until the dealer notifies you there are more in stock.

What Can I Do if a Manufacturer or Dealer Refuses to Repair My Vehicle or Equipment at No Charge after a Recall Is Announced?

Under the law, if a recall has been initiated, consumers are entitled to the remedy without charge within a reasonable time. In most cases, there will be a time lag between the date the manufacturer notifies NHTSA of the recall and the time consumers are notified by letter from the manufacturer. This time is provided to allow manufacturers to identify owners of vehicle or equipment included in the recall, develop remedial procedures, instruct dealers on how to repair the defect, distribute to dealerships the parts necessary for repair or replacement, and send letters to consumers informing them how the recall campaign will be conducted. Therefore, the law provides that the reasonable time (generally 60 days) for remedying the defect is computed not from the time of the announcement of the recall, but from the date specified by the manufacturer in its notification letter that replacement parts are available. A dealer is not required by law to remedy a defect in a vehicle brought in before that date. Although consumers demanding immediate correction may feel they are not receiving satisfactory resolution of the problem, there is no legal recourse available at this stage patience is the only alternative. In most cases, contractual arrangements between a manufacturer and dealers require all dealers to honor the recall and remedy defects at no charge, regardless of where the vehicle or item of equipment was purchased.

If the Manufacturer Has Recalled My Vehicle or Equipment for a Safety-Related Defect, Can I Still Bring Independent Legal Action against the Manufacturer for the Injuries I May Have Suffered?

Yes. The law specifically states that its remedies are in addition to other available legal remedies. To determine specific State law remedies you should consult a lawyer, or contact your State Attorney General or local District Attorney's office.

FOR MORE INFORMATION ON RECALLS, VISIT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION WEB SITE AT:

http://www.nhtsa.gov/cars/problems/recalls/