The National Highway Traffic Safety Administration (NHTSA) finalized a new rule for its whistleblower program that will award vehicle manufacturer employees, part suppliers or dealerships for providing information about a critical safety issue. 

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

NHTSA will accept information on a wide variety of topics including potential vehicle safety defects and noncompliance with the Federal Motor Vehicle Safety Standards and violations of the Vehicle Safety Act, the release says. 

Information provided could lead to formal actions, including investigations, recalls or a civil penalty enforcement action, it says. 

Repairer Driven News asked NHTSA if the program could extend to repair professionals with tips or insight about claims practices, or denials of necessary repairs on safety systems, that would otherwise affect consumer safety.

NHTSA did not answer the questions directly but referred RDN to the below information in the rule. 

Whistleblower is defined as “any current or former employee or contractor of a vehicle manufacturer, part supplier or dealership who voluntarily provides to the Agency original information relating to any violation or alleged violation of any notification or reporting requirement set forth in 49 U.S.C. Chapter 301 or regulations thereunder, which is likely to cause unreasonable risk of death or serious physical injury.”

The final rule states that dealership is not limited to selling new motor vehicles. It said this could include employees of a used car dealership. 

“A dealership without a franchise relationship can obtain information gained from experiences, communications, and observations,” the rule says. “For example, individuals who work at a dealership without a franchise relationship work with motor vehicles and motor vehicle equipment on daily basis and receive purchaser complaints and ready vehicles and vehicle parts for sale. Additionally, some of these dealerships specialize in a particular make and model of a car and would be able to detect issues with the motor vehicles or motor vehicle parts that are likely to cause a risk to motor vehicle safety.” 

According to a NHTSA website for the program, “reasonable measures” will be taken by NHTSA not to reveal the identity of a whistleblower. At times, whistleblowers may be asked to voluntarily sign a waiver consenting to the disclosure of their identity. 

Those who meet the whistleblower definition and provide NHTSA information that leads to a solution resolution could receive an award between 10% and 30% of collected monetary sanctions over $1 million. 

Whistleblowers can submit information to NHTSA by sending an email to NHTSAWhistleblower@dot.gov or by calling 888-327-4236 or 800-424-9152 (TTY). 

Information sent to NHTSA should not contain material subject to the attorney-client privilege or work product doctrine, the program website says. 

A whistleblower or their attorney could be contacted by NHTSA investigators following a submission.

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