Mail Tribune Online Edition - Court upholds guidelines on regional auto recalls - June 24, 2006
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Sections Home Page Local News AP News Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Since We Asked Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Homelife Magazine Joy Magazine Readers Choice 2006 Oregon Golf Info Oregon Wine Info Our Valley Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map --> Email Story to a Friend June 24, 2006 Court upholds guidelines on regional auto recalls By KEN THOMAS The Associated Press WASHINGTON — A federal appeals court on Friday unanimously upheld guidelines from the government's highway safety agency allowing automakers to limit some vehicle recalls by region. Two consumer groups had challenged the National Highway Traffic Safety Administration's policy that allows automakers to conduct recalls involving defects related to regional conditions such as snow or heat. Public Citizen and the Center for Auto Safety asserted that a 1998 letter sent by NHTSA to automakers offering guidelines on the regional recalls should be considered a rule change requiring public comment. The consumer groups said it amounted to a "de facto regulation" and violated a federal law requiring that all vehicle owners be notified of a recall regardless of where they live or where the vehicle is registered. The appeals court disagreed. Judge Harry Edwards of the U.S. Court of Appeals for the District of Columbia Circuit wrote the "guidelines are nothing more than general policy statements with no legal force." Advertisement "They do not determine any rights or obligations, nor do they have any legal consequences," Edwards wrote. In a concurring opinion, Judge A. Raymond Randolph said the policy guidelines do not constitute final action by the agency "because they do not impose any legal consequences on the regulated automakers." Attorneys for the government had said one could not look at the 1998 letter and predict how the agency would proceed in individual cases. They said NHTSA uses its technical expertise, experience and judgment in each particular case. The U.S. District Court for the District of Columbia dismissed the group's lawsuit in 2004, leading to the appeal. The lower court said the letter was not a rule change but simply gave guidelines for regional recalls. The court also said that regional recalls do not violate the Motor Vehicle Safety Act because the act does not say that recalls must be nationwide. Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems California Casinos Men's Clothing Southern Oregon Loans --> GMAT Prep Fundraisers Send Flowers Entertainment Guide --> Casinos Canada Trunks, Footlocker Online Casino Reviews Advertisements Advertisement