Did GM violate law requiring it notify federal officials about defect in cars?
The FBI and the U.S. Attorney's Office in New York have opened a criminal investigation of General Motors over the company's handling of an ignition switch defect that's been linked to at least 12 deaths.
One possible issue: Did GM violate a law that requires car makers to give the federal government timely notice of defects?
When Michigan Rep. Fred Upton authored the Tread Act 14 years ago, it was after certain Firestone tires on Ford Explorers caused accidents that killed nearly 300 people.
"The law said five days, not five years, not 10 years, and we're going to find out why the law may not have worked the way that it was intended," Upton said.
General Motors confirmed to CBS News Wednesday night that it knew about the ignition switch issue in 2001, three years before previously acknowledged.
In 2005, GM issued a service bulletin to its dealers warning of ignition switches that can turn to the off or accessory position if there's a heavy key ring, or if the key is bumped. Engines in the Cobalts and other compact cars shut off and airbags don't work.The National Highway Transportation Safety Administration or NHTSA had access to that information in 2005.
No recalls until 2014. Twelve deaths and 31 crashes have been linked to the defect.
The question is: Why didn't GM and NHTSA alert consumers sooner?
"The rule at NHTSA for years has been if there's a critical component of the car that fails that is enough information to start a defect investigation and probably to require a recall," Claybrook said.
"In this case, that did not happen," she said.
GM sent a letter to owners this week saying even after recalled cars are fixed - those fixes start in April - drivers should keep as little as possible on their key ring.