On April 14, 2023, following a nearly seven year delay, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) published proposed rules implementing the whistleblower provisions of Motor Vehicle Safety Whistleblower Act (MVSWA).
According to leading whistleblower attorney Stephen M. Kohn, these regulations “will be pivotal in determining the overall success of the Auto Safety Whistleblower Program in incentivizing auto manufacturing insiders and preventing deadly motor vehicle safety defects.”
Passed in response to a number of high-profile auto safety scandals, the MVSWA established an auto safety whistleblower program offering monetary awards and anti-retaliation protections to individuals who report auto safety concerns to the NHTSA.
Kohn, a founding partner of Kohn, Kohn & Colapinto, reviews the DOT’s proposed rules in a new piece published by Reuters entitled “Rulemaking process a critical juncture for DOT’s auto safety whistleblower program.”
“Overall, the rules proposed by the DOT largely mirror the rules of the hugely successful SEC Whistleblower Program,” Kohn writes. “This makes sense given that the whistleblower provisions of the auto-safety whistleblower program were largely modeled off those found in the Dodd-Frank Act, which established the SEC program.”
“There are three major areas in the proposed rules, however, which could potentially undermine the success of the auto-safety whistleblower program,” Kohn...
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