GM Files Inconsequential Noncompliance Petition with NHTSA

General Motors LLC has filed a petition with NHTSA arguing that a noncompliance with a Federal Motor Vehicle Safety Standard is inconsequential and should not subject the company to a civil penalty or recall obligation. NHTSA's inconsequential noncompliance exemption process allows manufacturers to seek relief if they can demonstrate that a noncompliance does not affect vehicle safety. The petition has been received and posted to the public docket. NHTSA will review the petition and may publish a notice in the Federal Register seeking public comment before making a determination.

Manufacturers facing similar noncompliance situations should note that filing an inconsequential noncompliance petition does not stay any pending enforcement action or penalty assessment. The petition process requires the manufacturer to demonstrate, with supporting technical analysis, that the noncompliance is inconsequential to motor vehicle safety. NHTSA has historically granted few such petitions, and denial typically results in the standard civil penalty and recall obligations.