If NHTSA makes a final decision, can the manufacturer challenge that decision?
Yes. Once the agency has made a final decision of a safety-related defect and ordered a manufacturer to recall, the manufacturer may challenge that order in a Federal District Court. The agency can also go to court to compel a manufacturer to comply with its order. Once a case is in court, the burden of proof lies with the agency. In other words, the agency’s evidence that a defect exists and that it is safety-related must be sufficient in the opinion of the court to outweigh evidence to the contrary presented by the manufacturer. While the case is in the courts, however, the manufacturer may be required to notify consumers by letter that the agency did make a final decision of a safety defect, but that the manufacturer is contesting the decision.
