On Thursday, December 12, 2024, the Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) released final rules regarding its Auto Safety Whistleblower Program. The rules outline the whistleblower award process, the filing requirements, and the eligibility criteria for potential whistleblowers.

A “whistleblower” is defined in the rules definitions as:

any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Agency original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of 49 U.S.C. Chapter 301, or a regulation thereunder, which is likely to cause unreasonable risk of death or serious physical injury.

The rules direct potential whistleblowers to submit a WB-INFO form to the Office of Chief Counsel by email to [email protected] or on its website, where applicable. The whistleblower may submit an anonymous tip through legal counsel. To be considered for an award, the whistleblower must have provided a voluntary submission of original information to the Agency regarding a violation, potential noncompliance, or defect that could lead to the “unreasonable risk of death or serious physical injury.” However, the rules grant NHTSA discretion to award or deny whistleblower claims. The complete requirements are outline in § 513.6.

These new rules follow the Fixing America’s Surface Transportation Act (“FAST Act”), signed into law on December 4, 2015, which included the Motor Vehicle Safety Whistleblower Act. The Motor Vehicle Safety Whistleblower Act mandated the creation of a whistleblower program to encourage reporting of safety violations in the auto industry. In April 2023, NHTSA published a notice of proposed rulemaking and received 14 comments on the proposal.

The only whistleblower award to date under the NHTSA is TAF Coalition’s Whistleblower of the Year: Gwang-Ho Kim. NHTSA awarded Mr. Kim $24 million for providing critical information about serious safety concerns related to Hyundai and Kia vehicles equipped with Theta II engines. His disclosures were instrumental in addressing potential safety risks to drivers.

The NHTSA Deputy Administrator, Sophie Shulman said: “Whistleblowers shine a light on critical safety issues and play a vital role in safeguarding our nation’s vehicles and roads. Safety is NHTSA’s top priority, and the agency is committed to doing everything in its power to protect whistleblowers.”

Grace Swindler is the Director of Legal Education at The Anti-Fraud Coalition. This blog was edited by Rosie Tomiak, the Public Interest Advocacy Fellow at The Anti-Fraud Coalition.