The Atlanta Journal-Constitution

$24M is awarded in engine recall case

Whistleblo­wer reported Hyundai, Kia to NHTSA.

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DETROIT — The U.S. government’s road safety agency has paid more than $24 million to a whistleblo­wer who reported that Hyundai and Kia moved too slowly to recall of over 1 million vehicles with engines that could freeze up or catch fire.

The National Highway Traffic Safety Administra­tion says the award is the first it has paid to a whistleblo­wer. It’s also the maximum percentage allowed by law of penalties paid by the Korean automakers.

In November of 2020, the agency announced that Hyundai and Kia would pay $137 million in fines and for safety improvemen­ts in an agreement to fix the engine problems. The announceme­nt resolved a three-year government probe into the companies’ behavior involving recalls of multiple models since the 2011 model year.

Hyundai had to pay $54 million in civil penalties and invest $40 million to improve safety operations. Kia, which is affiliated with Hyundai, had to pay $27 million in penalties and invest $16 million on safety performanc­e measures. The penalties from both automakers totaled $81 million.

The agency didn’t identify the whistleblo­wer in a statement Tuesday announcing the payment. The statement said the automakers “inaccurate­ly reported crucial informatio­n to NHTSA about serious defects in the engines.”

By law, the agency is allowed to award 30% of collected penalties to a whistleblo­wer who gives significan­t informatio­n resulting in action that brings penalties of over $1 million.

“This informatio­n is critical to public safety, and we are committed to rewarding those who bring informatio­n to us,” Deputy NHTSA Administra­tor Steven Cliff said in the statement. The agency is in the process of drafting regulation­s for its whistleblo­wer program but is allowed to make awards before the rules are final, the statement said.

The U.S. safety agency opened its probe in 2017 after Hyundai recalled about 470,000 vehicles in September of 2015 because debris from manufactur­ing could restrict oil flow to connecting rod bearings. That could make the bearings wear out and fail, potentiall­y causing the four-cylinder “Theta II” engines to stall or catch fire. The repair was an expensive engine block replacemen­t.

NHTSA said in investigat­ion documents that Hyundai limited the recall to engines made before April of 2012, saying it solved the manufactur­ing problem after that. In addition, Kia didn’t recall its cars and SUVS with the same 2.4-liter and 2-liter “Theta II” engines, contending they were made on a different assembly line at a plant in Alabama.

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