Here is a recent letter written by Cem Hatipoglu, NHTSA's acting associate director for enforcement [1] in response to a letter from the California Attorney General requesting that the NHTSA to institute a recall of Kia and Hyundai vehicles [2].

> At this time, NHTSA has not determined that this issue constitutes either a safety defect or noncompliance requiring a recall under the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. Chapter 301. The Federal Motor Vehicle Safety Standard identified in your letter, FMVSS No. 114, does not require an engine immobilizer. See 49 C.F.R. § 571.114. Also, the test procedure specified in that standard does not contemplate actions taken by criminal actors to break open or remove part of the steering column and take out the ignition lock to start a vehicle. See id. § 571.114, S6. Here, the safety risk arises from unsafe use of a motor vehicle by an unauthorized person after taking significant destructive actions to parts of the vehicle.

[1]: http://web.archive.org/web/20230828221636/https://pdfhost.io...

[2]: http://web.archive.org/web/20230828221808/https://pdfhost.io...

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