C.F.R. » Title 49 » CHAPTER V—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › PART 557—PETITIONS FOR HEARINGS ON NOTIFICATION AND REMEDY OF DEFECTS

49 C.F.R. § 557.6

Determination whether to hold a public hearing

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(a) The Administrator considers the following factors in determining whether to hold a hearing:

(1) The nature of the complaint;

(2) The seriousness of the alleged breach of obligation to remedy;

(3) The existence of similar complaints;

(4) The ability of the NHTSA to resolve the problem without holding a hearing; and

(5) Other pertinent matters.

(b) If, after considering the above factors, the Administrator determines that a hearing should be held, the petition is granted. If it is determined that a hearing should not be held, the petition is denied. In either case, the petitioner is notified of the grant or denial not more than 60 days after receipt of the petition by the NHTSA.

(c) If a petition submitted under this part is denied, a Federal Register notice of the denial is issued within 45 days of the denial, setting forth the reasons for it.

(d) The Administrator may conduct a hearing under this part on his own motion.

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Winzler v. Toyota Motor Sales U.S.A., Inc, 681 F.3d 1208 (10th Cir. 2012).
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Winzler v. Toyota Motor Sales U.S.A., Inc, 681 F.3d 1208 (10th Cir. 2012). “§§ 30118 (e), 30120(e), 30165; 49 C.F.R. § 557.6 . But because NHTSA has so much discretion in how to carry out its enforcement responsibilities, she worries she may not be able to take the agency to court if it fails to pursue Toyota with (what she considers) sufficient vigor.”
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