On July 26, 2023, the House Subcommittee on Innovation, Data, and Commerce hosted a legislative hearing entitled “Self-Driving Vehicle Legislative Framework: Enhancing Safety, Improving Lives and Mobility, and Beating China,"...more
On June 7th, Michigan Governor Gretchen Whitmer signed distracted driving legislation, making Michigan the 26th state to adopt some form of distracted driving/hands-free driving legislation. The signing ceremony was held at...more
While vehicle manufacturers continue to adopt technologies that make vehicles safer, the safety gains seen in the annual fatality statistics published by the National Highway Traffic Safety Administration (“NHTSA” or the...more
On April 14, 2023, the National Highway Traffic Safety Administration (NHTSA) took a major step in formalizing its Whistleblower Program by issuing a notice of proposed rulemaking (NPRM) to formally promulgate regulations...more
In 2022, automotive suppliers face many of the same issues that have bedeviled the industry throughout 2021, as well as a host of all-new challenges. Unfortunately, as with many aspects of pre-pandemic life, the relative...more
3/17/2022
/ Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corruption ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Electric Vehicles ,
Federal Trade Commission (FTC) ,
Final Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Hart-Scott-Rodino Act ,
IMMEX ,
Infrastructure Investment and Jobs Act (IIJA) ,
Mexico ,
Motor Vehicles ,
National Security ,
NHTSA ,
Notice of Proposed Rulemaking (NOPR) ,
OEM ,
Office of Foreign Assets Control (OFAC) ,
OMB ,
Supply Chain ,
Supply Shortages ,
U.S. Treasury ,
Vertical Mergers
Over the past few years, the National Highway Traffic Safety Administration (NHTSA), the primary regulator of motor vehicles and motor vehicle equipment and their manufacturers, has been balancing its work of keeping pace...more
4/9/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Cybersecurity ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Environmental Policies ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMVSS ,
Interim Final Rules (IFR) ,
Motor Vehicles ,
NHTSA ,
Reporting Requirements
One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues.
Foley’s...more
3/10/2021
/ Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Mexico ,
NHTSA ,
Patents ,
Safety Standards ,
Supply Chain ,
Trade Wars ,
U.S. Customs ,
United States-Mexico-Canada Agreement (USMCA) ,
Vaccinations ,
Vertical Mergers
On March 17, 2020, the National Highway Traffic Safety Administration (NHTSA) took a major step in modernizing the Federal motor vehicle safety standards (FMVSSs) to accommodate the deployment of vehicles equipped with...more
...The Impact of Emerging Technologies on Global Automotive Supply Chains -
The intense focus on autonomous vehicles and electrification we see today shows no signs of slowing down: in the new automotive industry, every...more
2/13/2020
/ Antitrust Provisions ,
Automotive Industry ,
Chapter 11 ,
Commercial Bankruptcy ,
Data Privacy ,
Employer Liability Issues ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA)
In the last half of 2017, the U.S. House of Representatives passed the “Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act” (“SELF DRIVE Act”), H.R. 3388, which sought to improve NHTSA’s “ability to...more
The National Highway Traffic Safety Administration (NHTSA) continues to be active in investigating potential safety-related defects and noncompliances with Federal Motor Vehicle Safety Standards (FMVSS). As the deployment of...more
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
Given the pace of change in the automotive industry and related technologies, combined with increasing regulatory scrutiny, what risks and challenges can the global automotive industry expect to deal with in 2018 and beyond...more
4/25/2018
/ Antitrust Provisions ,
Automation Systems ,
Automotive Industry ,
CFIUS ,
China ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
Electric Vehicles ,
EU ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Manufacturers ,
Merger Controls ,
National Security ,
NHTSA ,
Popular
The closing years of the Obama administration saw a whirlwind of regulatory activity from NHTSA, including multiple consent orders, record penalties, and soaring recall numbers. The more aggressive enforcement posture, hailed...more
3/6/2018
/ Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Department of Transportation (DOT) ,
Driverless Cars ,
Legislative Agendas ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Proposed Rules ,
Regulatory Oversight ,
Safety Standards ,
Trump Administration ,
V2V
Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about:
Managing warranty,...more
1/23/2018
/ Acquisitions ,
Auto Warranties ,
Automotive Industry ,
Connected Cars ,
Contract Terms ,
Cybersecurity ,
Driverless Cars ,
Emerging Technology Companies ,
Employer Liability Issues ,
Equal Pay ,
Merger Controls ,
Mergers ,
Motor Vehicles ,
NHTSA ,
Sexual Harassment ,
Suppliers
On September 6, 2017, the House of Representatives passed the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution (“SELF DRIVE”) Act, H.R. 3388. All eyes are now on the Senate, which is drafting its own...more
As the race to deploy highly autonomous vehicles continues, the promise of a more ubiquitous presence of autonomous vehicles has led to a patchwork of regulations as states attempt to prepare for the inevitability of a...more
NHTSA believes vehicle-to-vehicle (V2V) communications will serve as a complementary necessity to fully realizing the safety benefits of automated vehicle technologies. As such, establishing safety guidelines around this...more
Auto manufacturers are increasingly equipping vehicles with rapidly advancing technologies, raising concerns regarding how the public will be affected by these changes. Manufacturers are beginning to implement automated...more
3/13/2017
/ Automotive Industry ,
Connected Cars ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Driverless Cars ,
Hackers ,
NHTSA ,
Risk Assessment ,
Risk Mitigation ,
V2V
Not surprisingly, NHTSA’s regulatory stance on automated vehicles is simple: improve vehicle safety by preventing driving errors. As automated vehicles begin to populate the roads, two themes arising from this stance have...more
Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about:
- Managing warranty, recall, and...more
1/13/2017
/ Antitrust Violations ,
Automobile Recall ,
Automotive Industry ,
Compliance ,
Connected Cars ,
Contract Disputes ,
Cybersecurity ,
Employer Liability Issues ,
Federal Contractors ,
NHTSA ,
Safety Standards ,
Small Business ,
Trump Administration ,
Warranties
In 2014, NHTSA collected a record setting amount of civil penalties. For 2015, NHTSA may be on pace to exceed last year’s record. On July 26, 2015, NHTSA announced a $105 million civil penalty against FCA US LLC, the former...more
In the wake of GM’s ignition-switch, the Secretary of Transportation, Anthony R. Foxx, directed an investigation into NHTSA’s defect investigation policies and procedures. Specifically, Secretary Foxx requested that the U.S....more
In recent years, the National Highway Traffic Safety Administration (NHTSA) has received increased public and Congressional scrutiny stemming from high-profile safety defects, such as the Toyota unintended-acceleration issues...more
6/11/2015
/ Automobile Recall ,
Automotive Industry ,
Consent Order ,
Department of Transportation (DOT) ,
Enforcement ,
GROW AMERICA Act ,
Investigations ,
Manufacturing Defects ,
Motor Vehicles ,
NHTSA ,
Product Defects
Last year, the U.S. Department of Transportation unveiled its long-term transportation bill, entitled the Grow America Act, which contained the Department’s wish list for funding and new authorities. On March 31, 2015, the...more