Who sets vehicle safety rules: NHTSA, recalls and the agencies behind your car
Which agencies set car safety rules, how recalls work and how to report a defect
Every new car sold in the United States has to meet a long list of federal safety rules. They cover seat belts, air bags, brakes, headlights, rear cameras and much more. But many drivers are not sure who makes these rules, who checks them, or what happens when a car turns out to have a dangerous defect.
This guide explains the system in plain English, and how you can use it to protect your family.
NHTSA: the main federal safety agency
NHTSA is part of the U.S. Department of Transportation. Congress gave it power over vehicle safety in the National Traffic and Motor Vehicle Safety Act of 1966.
NHTSA does three big jobs:
- Sets standards. These are the Federal Motor Vehicle Safety Standards, or FMVSS. They are published in federal regulations at 49 CFR Part 571 [1].
- Investigates defects. NHTSA reviews complaints, crash data and company reports to spot safety problems.
- Oversees recalls. When a vehicle or part has a safety defect or does not meet a standard, the maker must recall it and fix it for free.
Carmakers certify their own vehicles
Here is something that surprises many people. NHTSA does not test and approve each new model before it goes on sale. Instead, the United States uses self certification. The manufacturer certifies that its vehicle meets every federal standard. NHTSA then buys and tests some vehicles to check compliance, and can order recalls and fines when a maker falls short.
That is why complaints from drivers matter. They help NHTSA find problems the system might miss.
New rules take years
Federal rules can take years to write and phase in. A current example is automatic emergency braking. In 2024, NHTSA issued a rule requiring automatic emergency braking, including braking for pedestrians, on most new cars and light trucks by September 2029 [2]. In March 2026, the Department of Transportation told a federal court it was preparing a proposal to give automakers two more years [2]. Until a change is final, the 2029 date stands.
Car seat rules are another example. A new federal side impact test for child car seats takes effect for newly made seats on December 5, 2026 [3].
How recalls work
A recall starts in one of two ways. A manufacturer may find a defect and report it. Or NHTSA may push the maker to act after an investigation. In 2025, 123 of the 997 recalls were influenced by NHTSA [4].
Comparison compiled by Safety Behind the Wheel Foundation
Recalls in 2025 at a glance
| Type | Number of recalls | Units affected |
|---|---|---|
| Vehicles | 891 | 29,262,623 |
| Equipment | 82 | 1,115,572 |
| Tires | 16 | 145,198 |
| Child car seats | 8 | 744,665 |
| Total | 997 | 31,268,058 |
Source: NHTSA 2025 Annual Recalls Report [4].
When a recall is filed, the maker must notify owners by mail. Repairs are free. Nearly 80 percent of vehicle recalls have a final fix available within 60 days of filing [4]. When parts are short, owners get an interim notice and a second notice when the fix is ready.
The weak link is owners. Many recalled vehicles never get fixed. NHTSA data show completion rates for vehicle recalls in roughly the 60 to 75 percent range in recent years [4]. Used cars that changed hands are the most likely to slip through.
Check your car for recalls
- Go to NHTSA.gov/recalls and enter your 17 character vehicle identification number (VIN)
- Find the VIN on your registration, insurance card or the lower corner of the windshield on the driver’s side
- Check at least twice a year, and before buying a used car
- Sign up for NHTSA recall alerts by email
Warning: Some recalls come with a “park outside” or “do not drive” warning because of fire or air bag risk. Take these seriously. Call your dealer right away for a fix, a tow or a loaner.
Who else plays a role
Comparison compiled by Safety Behind the Wheel Foundation
Who does what in vehicle safety
| Group | Role |
|---|---|
| NHTSA | Federal safety standards, defect investigations, recalls, 5 Star crash ratings |
| Federal Motor Carrier Safety Administration | Rules for commercial truck and bus companies and drivers |
| Environmental Protection Agency | Emissions and fuel economy labels |
| Consumer Product Safety Commission | Many e-bikes and e-scooters, which are consumer products, not motor vehicles |
| States | Driver licensing, registration, equipment laws and, in some states, safety inspections |
| Insurance Institute for Highway Safety | Private crash testing and awards, funded by auto insurers |
Source: Compiled from federal agency roles described by NHTSA and IIHS [1, 5].
How to report a safety problem
If your vehicle, tire or car seat has a problem that could cause a crash or injury, report it to NHTSA. You can file online at NHTSA.gov or call the Vehicle Safety Hotline at 1-888-327-4236. NHTSA reviews every complaint. A cluster of similar reports can lead to an investigation and a recall.
Checklist: stay on top of safety recalls
Checklist from Safety Behind the Wheel Foundation
- I checked my VIN for open recalls in the last six months
- I signed up for NHTSA recall alerts
- I registered my tires and car seats with the makers
- I keep my mailing address current with the DMV
- I check recalls before buying any used car
- I know how to report a safety problem to NHTSA
Frequently asked questions
Do recall repairs cost money?
Safety recall repairs are free at an authorized dealer. If you paid for a repair before the recall was announced, you may be able to get reimbursed. Ask the manufacturer.
Can a dealer sell a used car with an open recall?
Federal law bars dealers from selling new cars with open recalls. For used cars, rules are weaker. Always check the VIN yourself.
Is IIHS part of the government?
No. The Insurance Institute for Highway Safety is a nonprofit funded by auto insurers. Its ratings are widely trusted, but they are not legal requirements.
Related articles
Sources and further reading
- 1Electronic Code of Federal Regulations. “49 CFR Part 571: Federal Motor Vehicle Safety Standards.” ecfr.gov/…/part-571
- 2Nelson Mullins. “The Road Ahead for FMVSS 127: Whither the Automatic Emergency Braking Mandate?” April 22, 2026. nelsonmullins.com/…/the-road-ahead-for-fmvss-12…
- 3National Highway Traffic Safety Administration. “Federal Motor Vehicle Safety Standard No. 213a; Child Restraint Systems, Side Impact Protection” (final rule). September 2026. public-inspection.federalregister.gov/…/2026-18380.pdf
- 4National Highway Traffic Safety Administration. “2025 Annual Recalls Report.” March 2026. nhtsa.gov/…/2025-annual-recalls-report.…
- 5Insurance Institute for Highway Safety. “IIHS pushes improvements in crash avoidance with 2026 awards.” March 24, 2026. iihs.org/…/iihs-pushes-improvements-in…
This article reflects the safety priorities of vehicle safety and consumer protection. It is general education, not legal advice. Check NHTSA for current standards and recalls. Reviewed November 2026.
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