NHTSA Publishes Whistleblower Program Final RuleReaffirms the important role whistleblowers play in vehicle safety

The National Highway Traffic Safety Administration today finalized a new rule formalizing its whistleblower program. This rule fulfills a requirement in the Motor Vehicle Safety Whistleblower Act, which was included in the Fixing America's Surface Transportation Act and complements NHTSA's existing whistleblower program.

"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. "Safety is NHTSA's top priority, and the agency is committed to doing everything in its power to protect whistleblowers."

NHTSA published a Notice of Proposed Rulemaking in April 2023, which proposed definitions of whistleblower program terms, outlined procedures for submitting original information to NHTSA and applying for awards, discussed NHTSA's procedures for making decisions on award applications, and outlined the scope of the program. After considering public comments, NHTSA adopted the proposed rule without significant changes.

Any current or former employee or contractor of a vehicle manufacturer, part supplier or dealership may be a whistleblower. NHTSA welcomes information from whistleblowers on a wide variety of topics, including potential vehicle safety defects, noncompliance with the Federal Motor Vehicle Safety Standards, and violations of the Vehicle Safety Act. That information can lead to formal actions, including investigations, recalls, or a civil penalty enforcement action. NHTSA has a webpage for potential whistleblowers to learn more about the program and the protections available to them.

The rule provides that NHTSA may pay a monetary award to a whistleblower who provides original information that leads to the successful resolution of an enforcement action for violations of law. The amount of that award to a whistleblower is between 10% and 30% of collected monetary sanctions over $1 million.