Center for Auto Safety v. Foxx

Auto and Highway Safety
Case Description: 

The Moving Ahead for Progress in the 21st Century Act (MAP-21), enacted on July 6, 2012, required the Secretary of Transportation to make available on a publicly accessible website true or representative copies of communications from motor vehicle and motor vehicle equipment manufacturers “to the manufacturer’s dealers or to owners or purchasers of a motor vehicle or replacement equipment produced by the manufacturer about a defect or noncompliance with a motor vehicle safety standard prescribed under [chapter 301 of Title 49] in a vehicle or equipment that is sold or serviced.” 49 U.S.C. § 30166(f). MAP-21 also required the Secretary to make an index to each communication available online in a searchable format. Public Citizen Litigation Group is representing the Center for Auto Safety in a case against Secretary of Transportation Anthony Foxx and the Department of Transportation based on their failure to comply with these mandates and make all of the required communications and indexes publicly available online. We filed the complaint on February 4, 2016. On March 25, 2016, NHTSA published a notice in the federal register of its intent to publicly post all manufacturer communications about a defect or noncompliance on its website.  NHTSA also provided guidance in the notice to make manufacturers aware of their obligation to index their communications.