US Federal

Can the government force a vehicle recall if the manufacturer refuses?

49 U.S.C. §3010
Governing statute
NHTSA
Enforcing agency
Safety defect
Trigger for recall
Mandatory
Recall type
The Short Answer

Yes, the federal government can force a vehicle recall if a safety defect exists, through the National Highway Traffic Safety Administration (NHTSA) under authority granted by the National Traffic and Motor Vehicle Safety Act.

What the Law Says

The National Traffic and Motor Vehicle Safety Act gives the federal government authority to require vehicle recalls when a safety-related defect is found. This power is exercised by the National Highway Traffic Safety Administration (NHTSA).

Under 49 U.S.C. § 30101, Congress declared it national policy to reduce deaths, injuries, and property damage from motor vehicle crashes by establishing motor vehicle safety standards and ensuring vehicles comply with them.

The Act authorizes NHTSA to investigate potential safety defects and, if a defect related to motor vehicle safety is confirmed, to order manufacturers to conduct a recall — even without their consent.

A 'safety defect' means a problem that poses an unreasonable risk to safety, such as faulty airbags, brake failures, or unintended acceleration — not ordinary wear-and-tear or cosmetic issues.

Statutory Text

The purpose of this chapter is to reduce traffic accidents and deaths and injuries to persons resulting from traffic accidents.

— 49 U.S.C. § 30101 — Purpose and policy

What to Do

1

Report suspected safety defects to NHTSA at www.nhtsa.gov or via the SaferCar app.

2

Monitor NHTSA recall notices (nhtsa.gov/recalls) for your vehicle’s make, model, and year.

3

If your vehicle is subject to a recall, contact your dealer promptly — repairs must be free of charge.

4

Manufacturers must notify owners by mail within 15 days of an NHTSA-ordered recall.

5

You may file a complaint with NHTSA if a manufacturer fails to comply with a recall order.

Sources

statute49 U.S.C. § 30101 — Purpose and policy

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.