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49 U.S.C. §§ 30115–30120

6 sections in range

§30115. Certification of compliance

49 U.S.C. § 30115

(a)
In General.— A manufacturer or distributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor vehicle safety standards prescribed under this chapter. A person may not issue the certificate if, in exercising reasonable care, the person has reason to know the certificate is false or misleading in a material respect. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. Certification of equipment may be shown by a label or tag on the equipment or on the outside of the container in which the equipment is delivered.
(b)
Certification Label.— In the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with respect to each applicable Federal motor vehicle safety standard—
(1)
that it has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or
(2)
that it has elected to assume responsibility for compliance with that standard.

If the intermediate or final stage manufacturer elects to assume responsibility for compliance with the standard covered by the documentation provided by an incomplete motor vehicle manufacturer, the intermediate or final stage manufacturer shall notify the incomplete motor vehicle manufacturer in writing within a reasonable time of affixing the certification label. A violation of this subsection shall not be subject to a civil penalty under section 30165.

Notes, amendments, and revision history

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 106–414, § 9, Nov. 1, 2000, 114 Stat. 1805.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
30115 15:1397(a)(1)(C), (E) (related to 15:1403). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(C), (E) (related to § 114), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (2)(B), 88 Stat. 1477, 1478.
15:1403. Sept. 9, 1966, Pub. L. 89–563, § 114, 80 Stat. 726.

The words “fail to issue a certificate required by section 1403 of this title” in 15:1397(a)(1)(C) and the text of 15:1397(a)(1)(E) (related to 15:1403) are omitted as surplus. The word “certify” is substituted for “furnish . . . the certification” in 15:1403 to eliminate unnecessary words. The words “the time of” and “of such vehicle or equipment by such manufacturer or distributor” are omitted as surplus. The words “prescribed under this chapter” are added for clarity. The word “reasonable” is substituted for “due” in 15:1397(a)(1)(C) for consistency in the revised title. The words “to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards” are omitted because of the restatement. The words “shown by” are substituted for “in the form of” in 15:1403 for clarity.

Editorial Notes

Amendments

2000—Pub. L. 106–414 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Follow-Up Report

Pub. L. 106–414, § 16, Nov. 1, 2000, 114 Stat. 1808, provided that, by one year after Nov. 1, 2000, the Secretary of Transportation would report to Congress on the implementation of the 2000 amendments.

§30116. Defects and noncompliance found before sale to purchaser

49 U.S.C. § 30116

(a)
Actions Required of Manufacturers and Distributors.— If, after a manufacturer or distributor sells a motor vehicle or motor vehicle equipment to a distributor or dealer and before the distributor or dealer sells the vehicle or equipment, it is decided that the vehicle or equipment contains a defect related to motor vehicle safety or does not comply with applicable motor vehicle safety standards prescribed under this chapter—
(1)
the manufacturer or distributor immediately shall repurchase the vehicle or equipment at the price paid by the distributor or dealer, plus transportation charges and reasonable reimbursement of at least one percent a month of the price paid prorated from the date of notice of noncompliance or defect to the date of repurchase; or
(2)
if a vehicle, the manufacturer or distributor immediately shall give to the distributor or dealer at the manufacturer’s or distributor’s own expense, the part or equipment needed to make the vehicle comply with the standards or correct the defect.
(b)
Distributor or Dealer Installation.— The distributor or dealer shall install the part or equipment referred to in subsection (a)(2) of this section. If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the manufacturer shall reimburse the distributor or dealer for the reasonable value of the installation and a reasonable reimbursement of at least one percent a month of the manufacturer’s or distributor’s selling price prorated from the date of notice of noncompliance or defect to the date the motor vehicle complies with applicable motor vehicle safety standards prescribed under this chapter or the defect is corrected.
(c)
Establishing Amount Due and Civil Actions.— The parties shall establish the value of installation and the amount of reimbursement under this section. If the parties do not agree, or if a manufacturer or distributor refuses to comply with subsection (a) or (b) of this section, the distributor or dealer purchasing the motor vehicle or motor vehicle equipment may bring a civil action. The action may be brought in a United States district court for the judicial district in which the manufacturer or distributor resides, is found, or has an agent, to recover damages, court costs, and a reasonable attorney’s fee. An action under this section must be brought not later than 3 years after the claim accrues.
Notes, amendments, and revision history

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
30116(a) 15:1400(a) (less (2) (last 97 words)). Sept. 9, 1966, Pub. L. 89–563, § 111, 80 Stat. 724.
30116(b) 15:1400(a)(2) (last 97 words).
30116(c) 15:1400(b), (c).

In subsection (a)(1), the words “as the case may be”, “from such distributor or dealer”, “all . . . involved”, and “by the manufacturer or distributor” are omitted as surplus.

In subsection (a)(2), the words “manufacturer’s or distributor’s” are substituted for “his” for clarity. The words “or parts” are omitted because of 1:1. The words “the vehicle comply with the standards or correct the defect” are substituted for “conforming” for clarity.

In subsection (b), the words “the part or equipment referred to in subsection (a)(2) of this section” are added because of the restatement. The words “If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the manufacturer shall reimburse the distributor or dealer” are substituted for “and for the installation involved the manufacturer shall reimburse such distributor or dealer . . . Provided, however, That the distributor or dealer proceeds with reasonable diligence with the installation after the required part, parts or equipment are received” to eliminate unnecessary words. The words “on or in such vehicle” are omitted as surplus. The words “notice of noncompliance or defect” are substituted for “notice of such nonconformance”, and the words “complies with applicable motor vehicle safety standards prescribed under this chapter or the defect is corrected” are substituted for “is brought into conformance with applicable Federal standards”, to eliminate unnecessary words and for consistency in the revised title.

In subsection (c), the words “the amount of reimbursement” are substituted for “such reasonable reimbursements” for clarity and because of the restatement. The words “by mutual agreement” are omitted as surplus. The words “If the parties do not agree” are substituted for “or failing such agreement”, and the words “by the court pursuant to the provisions of subsection (b) of this section” are omitted, because of the restatement. The words “the requirements of”, “then”, “as the case may be”, and “without respect to the amount in controversy” are omitted as surplus. The words “civil action” are substituted for “suit” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “against such manufacturer or distributor” are omitted as surplus. The word “judicial” is added for consistency. The words “to recover damages, court costs, and a reasonable attorney’s fee” are substituted for “and shall recover the damage by him sustained, as well as all court costs plus reasonable attorneys’ fees”, and the words “must be brought” are substituted for “shall be forever barred unless commenced”, to eliminate unnecessary words. The word “claim” is substituted for “cause of action” for consistency.

§30117. Providing information to, and maintaining records on, purchasers

49 U.S.C. § 30117

(a)
Providing Information and Notice.— The Secretary of Transportation may require that each manufacturer of a motor vehicle or motor vehicle equipment provide technical information related to performance and safety required to carry out this chapter. The Secretary may require the manufacturer to give the following notice of that information when the Secretary decides it is necessary:
(1)
to each prospective purchaser of a vehicle or equipment before the first sale other than for resale at each location at which the vehicle or equipment is offered for sale by a person having a legal relationship with the manufacturer, in a way the Secretary decides is appropriate.
(2)
to the first purchaser of a vehicle or equipment other than for resale when the vehicle or equipment is bought, in printed matter placed in the vehicle or attached to or accompanying the equipment.
(b)
Maintaining Purchaser Records and Procedures.—
(1)
A manufacturer of a motor vehicle or tire (except a retreaded tire) shall cause to be maintained a record of the name and address of the first purchaser of each vehicle or tire it produces and, to the extent prescribed by regulations of the Secretary, shall cause to be maintained a record of the name and address of the first purchaser of replacement equipment (except a tire) that the manufacturer produces. The Secretary may prescribe by regulation the records to be maintained and reasonable procedures for maintaining the records under this subsection, including procedures to be followed by distributors and dealers to assist the manufacturer in obtaining the information required by this subsection. A procedure shall be reasonable for the type of vehicle or tire involved, and shall provide reasonable assurance that a customer list of a distributor or dealer, or similar information, will be made available to a person (except the distributor or dealer) only when necessary to carry out this subsection and sections 30118–30121, 30166(f), and 30167(a) and (b) of this title. Availability of assistance from a distributor or dealer does not affect an obligation of a manufacturer under this subsection.
(2)
(A)
Except as provided in paragraph (3) of this subsection, the Secretary may require a distributor or dealer to maintain a record under paragraph (1) of this subsection only if the business of the distributor or dealer is owned or controlled by a manufacturer of tires.
(B)
The Secretary shall require each distributor and dealer whose business is not owned or controlled by a manufacturer of tires to give a registration form (containing the tire identification number) to the first purchaser of a tire. The Secretary shall prescribe the form, which shall be standardized for all tires and designed to allow the purchaser to complete and return it directly to the manufacturer of the tire. The manufacturer shall give sufficient copies of forms to distributors and dealers.
(3)
Rulemaking.—
(A)
In general.— The Secretary shall initiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of—
(i)
the name and address of tire purchasers and lessors;
(ii)
information identifying the tire that was purchased or leased; and
(iii)
any additional records the Secretary considers appropriate.
(B)
Electronic transmission.— The rulemaking carried out under subparagraph (A) shall require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit the records described in clauses (i), (ii), and (iii) of subparagraph (A) to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors.
(C)
Satisfaction of requirements.— A regulation promulgated under subparagraph (A) may be considered to satisfy the requirements of paragraph (2)(B).
(c)
Rollover Tests.—
(1)
Development.— Not later than 2 years from the date of the enactment of this subsection, the Secretary shall—
(A)
develop a dynamic test on rollovers by motor vehicles for the purposes of a consumer information program; and
(B)
carry out a program of conducting such tests.
(2)
Test results.— As the Secretary develops a test under paragraph (1)(A), the Secretary shall conduct a rulemaking to determine how best to disseminate test results to the public.
(3)
Motor vehicles covered.— This subsection applies to motor vehicles, including passenger cars, multipurpose passenger vehicles, and trucks, with a gross vehicle weight rating of 10,000 pounds or less. A motor vehicle designed to provide temporary residential accommodations is not covered.
Notes, amendments, and revision history

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 948; Pub. L. 106–414, § 12, Nov. 1, 2000, 114 Stat. 1806; Pub. L. 114–94, div. B, title XXIV, § 24333, Dec. 4, 2015, 129 Stat. 1715.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
30117(a) 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(d)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(B) (related to § 112(d)), (D) (related to § 158(b)), (E) (related to § 112(d)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478.
15:1401(d). Sept. 9, 1966, Pub. L. 89–563, § 112(d), 80 Stat. 725; May 22, 1970, Pub. L. 91–265, § 3, 84 Stat. 262.
30117(b) 15:1397(a)(1)(D) (related to 15:1418(b)).
15:1418(b)(1). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 158(b)(1); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1476; Nov. 6, 1978, Pub. L. 95–599, § 317, 92 Stat. 2752; Oct. 15, 1982, Pub. L. 97–331, § 4(a)(1), 96 Stat. 1619.
15:1418(b)(2), (3). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 158(b)(2), (3); added Oct. 15, 1982, Pub. L. 97–331, § 4(a)(2), 96 Stat. 1620.

In this section, the text of 15:1397(a)(1)(B) (related to 15:1401(d)), (D) (related to 15:1418(b)), and (E) (related to 15:1401(d)) is omitted as surplus.

In subsection (a), before clause (1), the words “such performance data and other”, “as may be”, “the purposes of”, “performance and technical”, and “to carry out the purposes of this chapter” the 2d time they appear are omitted as surplus. In clause (1), the words “such manufacturer’s” and “which may include, but is not limited to, printed matter (A) available for retention by such prospective purchaser and (B) sent by mail to such prospective purchaser upon his request” are omitted as surplus. The words “legal relationship” are substituted for “contractual, proprietary, or other legal relationship” to eliminate unnecessary words.

In subsection (b)(1), the word “cause to be maintained” is substituted for “cause the establishment and maintenance of” to eliminate unnecessary words. The words “prescribe by regulation” are substituted for “by rule, specify” for consistency and because “rule” and “regulation” are synonymous. The words “under this subsection” are added for clarity. The word “involved” is substituted for “for which they are prescribed” to eliminate unnecessary words. The words “the purpose of” and “except that . . . or not” are omitted as surplus. The words “from a distributor or dealer” are added for clarity.

In subsection (b)(3)(A), before clause (i), the words “At the end of the two-year period following the effective date of this paragraph” are omitted as expired. In clause (iii), the words “(or any combination of such groups)” are omitted as unnecessary.

In subsection (b)(3)(B), before clause (i), the words “may prescribe a requirement” are substituted for “may order by rule the imposition of requirements” for consistency and to eliminate unnecessary words.

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.

Amendments

2015—Subsec. (b)(3). Pub. L. 114–94 amended par. (3) generally. Prior to amendment, par. (3) related to requirement for Secretary to evaluate record maintenance procedures under par. (2) and submit reports to Congress.

2000—Subsec. (c). Pub. L. 106–414 added subsec. (c).

Statutory Notes and Related Subsidiaries

Retention of Safety Records by Manufacturers

Pub. L. 114–94, div. B, title XXIV, § 24403, Dec. 4, 2015, 129 Stat. 1720, provided that: Rule.—Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Transportation shall issue a final rule pursuant to section 30117 of title 49, United States Code, requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records required to be maintained by manufacturers under section 576.6 of title 49, Code of Federal Regulations, for a period of not less than 10 calendar years from the date on which they were generated or acquired by the manufacturer. Application.—The rule required by subsection (a) shall apply with respect to any record described in such subsection that is in the possession of a manufacturer on the effective date of such rule.”

15-Passenger Van Safety

Pub. L. 109–59, title X, § 10309(a), Aug. 10, 2005, 119 Stat. 1942, provided that: In general.—The Secretary of Transportation shall require the testing of 15-passenger vans as part of the rollover resistance program of the National Highway Traffic Safety Administration’s new car assessment program. 15-passenger van defined.—In this subsection, the term ‘15-passenger van’ means a vehicle that seats 10 to 14 passengers, not including the driver.”

§30118. Notification of defects and noncompliance

49 U.S.C. § 30118

(a)
Notification by Secretary.— The Secretary of Transportation shall notify the manufacturer of a motor vehicle or replacement equipment immediately after making an initial decision (through testing, inspection, investigation, or research carried out under this chapter, examining communications under section 30166(f) of this title, or otherwise) that the vehicle or equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under this chapter. The notification shall include the information on which the decision is based. The Secretary shall publish a notice of each decision under this subsection in the Federal Register. Subject to section 30167(a) of this title, the notification and information are available to any interested person.
(b)
Defect and Noncompliance Proceedings and Orders.—
(1)
The Secretary may make a final decision that a motor vehicle or replacement equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under this chapter only after giving the manufacturer an opportunity to present information, views, and arguments showing that there is no defect or noncompliance or that the defect does not affect motor vehicle safety. Any interested person also shall be given an opportunity to present information, views, and arguments.
(2)
If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains the defect or does not comply, the Secretary shall order the manufacturer to—
(A)
give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the defect or noncompliance; and
(B)
remedy the defect or noncompliance under section 30120 of this title.
(c)
Notification by Manufacturer.— A manufacturer of a motor vehicle or replacement equipment shall notify the Secretary by certified mail or electronic mail, and the owners, purchasers, and dealers of the vehicle or equipment as provided in section 30119(d) of this section, if the manufacturer—
(1)
learns the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety; or
(2)
decides in good faith that the vehicle or equipment does not comply with an applicable motor vehicle safety standard prescribed under this chapter.
(d)
Exemptions.— On application of a manufacturer, the Secretary shall exempt the manufacturer from this section if the Secretary decides a defect or noncompliance is inconsequential to motor vehicle safety. The Secretary may take action under this subsection only after notice in the Federal Register and an opportunity for any interested person to present information, views, and arguments.
(e)
Hearings About Meeting Notification Requirements.— On the motion of the Secretary or on petition of any interested person, the Secretary may conduct a hearing to decide whether the manufacturer has reasonably met the notification requirements under this section. Any interested person may make written and oral presentations of information, views, and arguments on whether the manufacturer has reasonably met the notification requirements. If the Secretary decides that the manufacturer has not reasonably met the notification requirements, the Secretary shall order the manufacturer to take specified action to meet those requirements and may take any other action authorized under this chapter.
(f)
Reports on Notification Campaigns.—
(1)
In general.— Each manufacturer that is conducting a campaign under subsection (b) or (c) or any other provision of law (including regulations) to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration—
(A)
by the applicable date described in section 573.7(d) of title 49, Code of Federal Regulations (or a successor regulation), a quarterly report describing the campaign for each of 8 consecutive quarters, beginning with the quarter in which the campaign was initiated; and
(B)
an annual report for each of the 3 years beginning after the date of completion of the last quarter for which a quarterly report is submitted under subparagraph (A).
(2)
Requirements.— Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of section 573.7 of title 49, Code of Federal Regulations (or a successor regulation).
Notes, amendments, and revision history

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 950; Pub. L. 106–346, § 101(a) [title III, § 364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37; Pub. L. 106–414, § 2, Nov. 1, 2000, 114 Stat. 1800; Pub. L. 114–94, div. B, title XXIV, § 24104(b), Dec. 4, 2015, 129 Stat. 1703; Pub. L. 117–58, div. B, title IV, § 24202(a), Nov. 15, 2021, 135 Stat. 819.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
30118(a) 15:1397(a)(1)(D) (related to 15:1412(a) (1st–3d sentences)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to §§ 151, 152, 153(c) (1st sentence cl. (6)), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478.
15:1412(a) (1st–3d sentences). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 151, 152, 156 (related to notice), 157 (related to notice); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1470, 1475.
30118(b) 15:1397(a)(1)(D) (related to 15:1412(a) (last sentence), (b)).
15:1412(a) (last sentence), (b).
30118(c) 15:1397(a)(1)(D) (related to 15:1411, 1413(c) (1st sentence cl. (6))).
15:1411.
15:1413(c) (1st sentence cl. (6)). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 153(c) (1st sentence cl. (6)); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1472; Oct. 15, 1982, Pub. L. 97–331, § 4(b)(2), 96 Stat. 1620.
30118(d) 15:1397(a)(1)(D) (related to 15:1417).
15:1417 (related to notice).
30118(e) 15:1397(a)(1)(D) (related to 15:1416).
15:1416 (related to notice).

In this section, the text of 15:1397(a)(1)(D) (related to 15:1411, 1412, 1413(c) (1st sentence cl. (6)), and 1417) is omitted as surplus.

In subsection (a), the words “making an initial decision” are substituted for “determines” to distinguish the decision from the decision made under subsection (b) of this section. The words “of such determination”, “to the manufacturer”, and “of the Secretary” are omitted as surplus. The words “under this subsection” are added for clarity.

In subsection (b)(1), the words “may make a final decision” are substituted for “determines”, and the words “prescribed under this chapter” are added, for clarity and consistency in this chapter.

In subsection (b)(2), before clause (A), the words “If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains a defect or does not comply” are added for clarity and because of the restatement. The words “after such presentations by the manufacturer and interested persons” are omitted as surplus. In clause (A), the words “of the defect or noncompliance” are added for clarity.

In subsection (c), before clause (1), the words “A manufacturer of a motor vehicle or replacement equipment” are substituted for “manufactured by him” in 15:1411 for clarity. The words “shall notify” are substituted for “he shall furnish notification to” to eliminate unnecessary words. The words “to the Secretary, if section 1411 of this title applies” in 15:1413(c) (1st sentence cl. (6)) are omitted because of the restatement. The words “of the vehicle or equipment” are added for clarity. The words “and he shall remedy the defect or failure to comply in accordance with section 1414 of this title” in 15:1411 are omitted as unnecessary because of the source provisions restated in section 30120 of the revised title.

In subsection (d), the words “any requirement under”, “to give notice with respect to”, and “as it relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement.

In subsection (e), the words “(including a manufacturer)” are omitted as surplus. The word “information” is substituted for “data” for consistency in the revised title.

Editorial Notes

Amendments

2021—Subsec. (f). Pub. L. 117–58 added subsec. (f).

2015—Subsec. (c). Pub. L. 114–94 inserted “or electronic mail” after “certified mail” in introductory provisions.

2000—Pub. L. 106–346, § 101(a) [title III, § 364], which directed amendment of this section in subsecs. (a), (b)(1), and (c), by inserting “, original equipment,” before “or replacement equipment” wherever appearing, and in subsec. (c), by redesignating pars. (1) and (2) as subpars. (A) and (B), respectively, and realigning margins, by substituting “(1) In general.—A manufacturer” for “A manufacturer”, and by adding a new par (2) relating to duty of manufacturers, was repealed by Pub. L. 106–414, § 2. See Construction of 2000 Amendment note below.

Statutory Notes and Related Subsidiaries

Construction of 2000 Amendment

Pub. L. 106–414, § 2, Nov. 1, 2000, 114 Stat. 1800, provided that: “The amendments made to section 30118 of title 49, United States Code, by section 364 of the Department of Transportation and Related Agencies Appropriations Act, 2001 [Pub. L. 106–346, § 101(a) [title III, § 364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37] are repealed and such section shall be effective as if such amending section had not been enacted.”

§30119. Notification procedures

49 U.S.C. § 30119

(a)
Contents of Notification.— Notification by a manufacturer required under section 30118 of this title of a defect or noncompliance shall contain—
(1)
a clear description of the defect or noncompliance;
(2)
an evaluation of the risk to motor vehicle safety reasonably related to the defect or noncompliance;
(3)
the measures to be taken to obtain a remedy of the defect or noncompliance;
(4)
a statement that the manufacturer giving notice will remedy the defect or noncompliance without charge under section 30120 of this title;
(5)
the earliest date on which the defect or noncompliance will be remedied without charge, and for tires, the period during which the defect or noncompliance will be remedied without charge under section 30120 of this title;
(6)
the procedure the recipient of a notice is to follow to inform the Secretary of Transportation when a manufacturer, distributor, or dealer does not remedy the defect or noncompliance without charge under section 30120 of this title; and
(7)
other information the Secretary prescribes by regulation.
(b)
Earliest Remedy Date.— The date specified by a manufacturer in a notification under subsection (a)(5) of this section or section 30121(c)(2) of this title is the earliest date that parts and facilities reasonably can be expected to be available to remedy the defect or noncompliance. The Secretary may disapprove the date.
(c)
Time for Notification.— Notification required under section 30118 of this title shall be given within a reasonable time—
(1)
prescribed by the Secretary, after the manufacturer receives notice of a final decision under section 30118(b) of this title; or
(2)
after the manufacturer first decides that a safety-related defect or noncompliance exists under section 30118(c) of this title.
(d)
Means of Providing Notification.—
(1)
Notification required under section 30118 of this title about a motor vehicle shall be sent in the manner prescribed by the Secretary, by regulation—
(A)
to each person registered under State law as the owner and whose name and address are reasonably ascertainable by the manufacturer through State records or other available sources; or
(B)
if a registered owner is not notified under clause (A) of this paragraph, to the most recent purchaser known to the manufacturer.
(2)
Notification required under section 30118 of this title about replacement equipment shall be sent in the manner prescribed by the Secretary, by regulation, to the most recent purchaser known to the manufacturer.
(3)
In addition to the notification required under paragraphs (1) and (2), if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given by the manufacturer in the way required by the Secretary after consulting with the manufacturer. In deciding whether public notice is required, the Secretary shall consider—
(A)
the magnitude of the risk to motor vehicle safety caused by the defect or noncompliance; and
(B)
the cost of public notice compared to the additional number of owners the notice may reach.
(4)
A dealer to whom a motor vehicle or replacement equipment was delivered shall be notified in the manner prescribed by the Secretary, by regulation.
(e)
Additional Notification.—
(1)
Second notification.— If the Secretary decides that a notification sent by a manufacturer under this section has not resulted in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may order the manufacturer to send a 2d notification in the way the Secretary prescribes by regulation.
(2)
Additional notifications.— If the Secretary determines, after taking into account the severity of the defect or noncompliance, that the second notification by a manufacturer does not result in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may order the manufacturer—
(A)
(i)
to send additional notifications in the manner prescribed by the Secretary, by regulation; or
(ii)
to take additional steps to locate and notify each person registered under State law as the owner or lessee or the most recent purchaser or lessee, as appropriate; and
(B)
to emphasize the magnitude of the safety risk caused by the defect or noncompliance in such notification.
(f)
Notification by Lessor to Lessee.—
(1)
In this subsection, “leased motor vehicle” means a motor vehicle that is leased to a person for at least 4 months by a lessor that has leased at least 5 motor vehicles in the 12 months before the date of the notification.
(2)
A lessor that receives a notification required by section 30118 of this title about a leased motor vehicle shall provide a copy of the notification to the lessee in the way the Secretary prescribes by regulation.
(g)
Information Regarding Components Involved in Recall.— A manufacturer that is required to furnish a report under section 573.6 of title 49, Code of Federal Regulations (or any successor regulation) for a defect or noncompliance in a motor vehicle or in an item of original or replacement equipment shall, if such defect or noncompliance involves a specific component or components, include in such report, with respect to such component or components, the following information:
(1)
The name of the component or components.
(2)
A description of the component or components.
(3)
The part number of the component or components, if any.
Notes, amendments, and revision history

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 951; Pub. L. 112–141, div. C, title I, § 31310, July 6, 2012, 126 Stat. 771; Pub. L. 114–94, div. B, title XXIV, § 24116, Dec. 4, 2015, 129 Stat. 1711.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
30119(a) 15:1397(a)(1)(D) (related to 15:1413(a)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to §§ 153(a)–(c) (1st sentence cls. (1)–(5), last sentence), 154(b)(2) (2d, last sentences)), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478.
15:1413(a). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 153(a), (b), 154(b)(2) (2d, last sentences); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1471, 1473.
30119(b) 15:1397(a)(1)(D) (related to 15:1414(b)(2) (2d, last sentences)).
15:1414(b)(2) (2d, last sentences).
30119(c) 15:1397(a)(1)(D) (related to 15:1413(b)).
15:1413(b).
30119(d) 15:1397(a)(1)(D) (related to 15:1413(c) (1st sentence cls. (1)–(5), last sentence).
15:1413(c) (1st sentence cls. (1)–(5), last sentence). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 153(c) (1st sentence cls. (1)–(5), last sentence); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1471, 1472; Oct. 15, 1982, Pub. L. 97–331, § 4(b), 96 Stat. 1620.
30119(e) 15:1413(d). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 153(d), (e); added Dec. 18, 1991, Pub. L. 102–240, § 2504(a), 105 Stat. 2083.
30119(f) 15:1413(e).

In this section, the text of 15:1397(a)(1)(D) (related to 15:1413(a)–(c) (1st sentence cls. (1)–(5), last sentence), 1414(b)(2) (2d, last sentences), and 1416) is omitted as surplus.

In subsection (a), before clause (1), the words “a motor vehicle or item of replacement equipment” are omitted as surplus. The words “by a manufacturer” are added for clarity. In clause (3), the words “a statement of” are omitted as surplus. In clause (4), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. In clause (5), the words “(specified in accordance with the second and third sentences of section 1414(b)(2) of this title)” are omitted as surplus. In clause (6), the words “a description of” are omitted as surplus. The words “under section 30120 of this title” are added for consistency with the source provisions restated in this subsection. In clause (7), the words “in addition to such . . . as” are omitted as surplus.

In subsection (b), the words “in a notification under subsection (a)(5) of this section or section 30121(c) of this title” are substituted for “In either case” because of the restatement. The words “may disapprove” are substituted for “shall be subject to disapproval by” to eliminate unnecessary words.

In subsection (c)(1), the words “Secretary’s” and “that there is a defect or failure to comply” are omitted as surplus. The word “final” is added for clarity.

In subsection (c)(2), the words “decides that a safety-related defect or noncompliance exists” are substituted for “makes a determination with respect to a defect or failure to comply” for clarity.

In subsection (d), the text of 15:1413(c) (1st sentence words before cl. (1)) is incorporated into each paragraph as appropriate.

In subsection (d)(1)(A), the words “who is” and “of such vehicle” are omitted as surplus.

In subsection (d)(1)(B), the words “if a registered owner is not notified” are substituted for “unless the registered owner (if any) of such vehicle was notified” for clarity. The words “most recent purchaser” are substituted for “first purchaser (or if a more recent purchaser is” for clarity and to eliminate unnecessary words. The words “of each such vehicle containing such defect or failure to comply” are omitted as surplus.

In subsection (d)(3), the words “(or, if the manufacturer prefers, by certified mail)” are substituted for 15:1413(c) (last sentence) to eliminate unnecessary words.

In subsection (d)(4), the words “or dealers” are omitted because of 1:1. The words “of such manufacturer” are omitted as surplus.

In subsection (e), the word “replacement” is added for clarity and consistency with the source provisions being restated in subsection (d) of this section.

Editorial Notes

Amendments

2015—Subsec. (g). Pub. L. 114–94 added subsec. (g).

2012—Subsec. (d)(1). Pub. L. 112–141, § 31310(a)(1), substituted “in the manner prescribed by the Secretary, by regulation” for “by first class mail” in introductory provisions.

Subsec. (d)(2). Pub. L. 112–141, § 31310(a)(2), substituted “shall be sent in the manner prescribed by the Secretary, by regulation,” for “(except a tire) shall be sent by first class mail” and struck out second sentence which read as follows: “In addition, if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given in the way required by the Secretary after consulting with the manufacturer.”

Subsec. (d)(3). Pub. L. 112–141, § 31310(a)(3), struck out first sentence which read “Notification required under section 30118 of this title about a tire shall be sent by first class mail (or, if the manufacturer prefers, by certified mail) to the most recent purchaser known to the manufacturer.” and inserted “to the notification required under paragraphs (1) and (2)” after “addition” and “by the manufacturer” after “given” in introductory provisions.

Subsec. (d)(4). Pub. L. 112–141, § 31310(a)(4), substituted “in the manner prescribed by the Secretary, by regulation” for “by certified mail or quicker means if available”.

Subsec. (e). Pub. L. 112–141, § 31310(b), substituted “Additional” for “Second” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Improvements in Availability of Recall Information

Pub. L. 114–94, div. B, title XXIV, § 24103(a), Dec. 4, 2015, 129 Stat. 1702, provided that: “Not later than 2 years after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the Federal website is readily accessible and easy to use, including— by improving the organization, availability, readability, and functionality of the website; by accommodating high-traffic volume; and by establishing best practices for scheduling routine website maintenance.”

Notification Improvement

Pub. L. 114–94, div. B, title XXIV, § 24104(a), Dec. 4, 2015, 129 Stat. 1703, provided that: In general.—Not later than 270 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall prescribe a final rule revising the regulations under section 577.7 of title 49, Code of Federal Regulations, to include notification by electronic means in addition to notification by first class mail. Definition of electronic means.—In this subsection, the term ‘electronic means’ includes electronic mail and may include such other means of electronic notification, such as social media or targeted online campaigns, as determined by the Secretary.”

Pilot Grant Program for State Notification to Consumers of Motor Vehicle Recall Status

Pub. L. 114–94, div. B, title XXIV, § 24105, Dec. 4, 2015, 129 Stat. 1704, provided that: In General.—Not later than October 1, 2016, the Secretary shall implement a 2-year pilot program to evaluate the feasibility and effectiveness of a State process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the State. Grants.—To carry out this program, the Secretary may make a grant to each eligible State, but not more than 6 eligible States in total, that agrees to comply with the requirements under subsection (c). Funds made available to a State under this section shall be used by the State for the pilot program described in subsection (a). Eligibility.—To be eligible for a grant, a State shall— submit an application in such form and manner as the Secretary prescribes; agree to notify, at the time of registration, each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that vehicle; provide the open motor vehicle recall information at no cost to each owner or lessee of a motor vehicle presented for registration in the State; and provide such other information as the Secretary may require. Awards.—In selecting an applicant for an award under this section, the Secretary shall consider the State’s methodology for determining open recalls on a motor vehicle, for informing consumers of the open recalls, and for determining performance. Performance Period.—Each grant awarded under this section shall require a 2-year performance period. Report.—Not later than 90 days after the completion of the performance period under subsection (e), a grantee shall provide to the Secretary a report of performance containing such information as the Secretary considers necessary to evaluate the extent to which open recalls have been remedied. Evaluation.—Not later than 180 days after the completion of the pilot program, the Secretary shall evaluate the extent to which open recalls identified have been remedied. Definitions.—In this section: Consumer.—The term ‘consumer’ includes owner and lessee. Motor vehicle.—The term ‘motor vehicle’ has the meaning given the term under section 30102(a) of title 49, United States Code. Open recall.—The term ‘open recall’ means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United States Code, and that has not been remedied under section 30120 of that title. Registration.—The term ‘registration’ means the process for registering motor vehicles in the State. State.—The term ‘State’ has the meaning given the term under section 101(a) of title 23, United States Code.”

Tire Recall Database

Pub. L. 114–94, div. B, title XXIV, § 24335, Dec. 4, 2015, 129 Stat. 1716, provided that: In General.—The Secretary shall establish a publicly available and searchable electronic database of tire recall information that is reported to the Administrator of the National Highway Traffic Safety Administration. Tire Identification Number.—The database established under subsection (a) shall be searchable by Tire Identification Number (TIN) and any other criteria that assists consumers in determining whether a tire is subject to a recall.”

§30120. Remedies for defects and noncompliance

49 U.S.C. § 30120

(a)
Ways To Remedy.—
(1)
Subject to subsections (f) and (g) of this section, when notification of a defect or noncompliance is required under section 30118(b) or (c) of this title, the manufacturer of the defective or noncomplying motor vehicle or replacement equipment shall remedy the defect or noncompliance without charge when the vehicle or equipment is presented for remedy. Subject to subsections (b) and (c) of this section, the manufacturer shall remedy the defect or noncompliance in any of the following ways the manufacturer chooses:
(A)
if a vehicle—
(i)
by repairing the vehicle;
(ii)
by replacing the vehicle with an identical or reasonably equivalent vehicle; or
(iii)
by refunding the purchase price, less a reasonable allowance for depreciation.
(B)
if replacement equipment, by repairing the equipment, replacing the equipment with identical or reasonably equivalent equipment, or by refunding the purchase price.
(2)
The Secretary of Transportation may prescribe regulations to allow the manufacturer to impose conditions on the replacement of a motor vehicle or refund of its price.
(b)
Tire Remedies.—
(1)
A manufacturer of a tire, including an original equipment tire, shall remedy a defective or noncomplying tire if the owner or purchaser presents the tire for remedy not later than 180 days after the later of—
(A)
the day the owner or purchaser receives notification under section 30119 of this title; or
(B)
if the manufacturer decides to replace the tire, the day the owner or purchaser receives notification that a replacement is available.
(2)
If the manufacturer decides to replace the tire and the replacement is not available during the 180-day period, the owner or purchaser must present the tire for remedy during a subsequent 180-day period that begins only after the owner or purchaser receives notification that a replacement will be available during the subsequent period. If tires are available during the subsequent period, only a tire presented for remedy during that period must be remedied.
(c)
Adequacy of Repairs.—
(1)
If a manufacturer decides to repair a defective or noncomplying motor vehicle or replacement equipment and the repair is not done adequately within a reasonable time, the manufacturer shall—
(A)
replace the vehicle or equipment without charge with an identical or reasonably equivalent vehicle or equipment; or
(B)
for a vehicle, refund the purchase price, less a reasonable allowance for depreciation.
(2)
Failure to repair a motor vehicle or replacement equipment adequately not later than 60 days after its presentation is prima facie evidence of failure to repair within a reasonable time. However, the Secretary may extend, by order, the 60-day period if good cause for an extension is shown and the reason is published in the Federal Register before the period ends. Presentation of a vehicle or equipment for repair before the date specified by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of this title is not a presentation under this subsection.
(3)
If the Secretary determines that a manufacturer’s remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the manufacturer to accelerate the remedy program if the Secretary finds—
(A)
that there is a risk of serious injury or death if the remedy program is not accelerated; and
(B)
that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both.

The Secretary may prescribe regulations to carry out this paragraph.

(d)
Filing Manufacturer’s Remedy Program.— A manufacturer shall file with the Secretary a copy of the manufacturer’s program under this section for remedying a defect or noncompliance. The Secretary shall make the program available to the public and publish a notice of availability in the Federal Register. A manufacturer’s remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer’s notification under subsection (b) or (c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan. In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.
(e)
Hearings About Meeting Remedy Requirements.— On the motion of the Secretary or on application by any interested person, the Secretary may conduct a hearing to decide whether the manufacturer has reasonably met the remedy requirements under this section. Any interested person may make written and oral presentations of information, views, and arguments on whether the manufacturer has reasonably met the remedy requirements. If the Secretary decides a manufacturer has not reasonably met the remedy requirements, the Secretary shall order the manufacturer to take specified action to meet those requirements and may take any other action authorized under this chapter.
(f)
Fair Reimbursement to Dealers.—
(1)
In general.— A manufacturer1 shall pay fair reimbursement to a dealer providing a remedy without charge under this section if—
(A)
at the time of providing service for each of the manufacturer’s motor vehicles it services, the dealer notifies the owner or the individual requesting the service of any open recall; and
(B)
the notification requirement under subparagraph (A) is specified in a franchise, operating, or other agreement between the dealer and the manufacturer.
(2)
Definition of open recall.— In this subsection, the term “open recall” means a recall for which a notification by a manufacturer has been provided under section 30119 and that has not been remedied under this section.
(g)
Nonapplication.—
(1)
The requirement that a remedy be provided without charge does not apply if the motor vehicle or replacement equipment was bought by the first purchaser more than 15 calendar years, or the tire, including an original equipment tire, was bought by the first purchaser more than 5 calendar years, before notice is given under section 30118(c) of this title or an order is issued under section 30118(b) of this title, whichever is earlier.
(2)
This section does not apply during any period in which enforcement of an order under section 30118(b) of this title is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies.
(h)
Exemptions.— On application of a manufacturer, the Secretary shall exempt the manufacturer from this section if the Secretary decides a defect or noncompliance is inconsequential to motor vehicle safety. The Secretary may take action under this subsection only after notice in the Federal Register and an opportunity for any interested person to present information, views, and arguments.
(i)
Limitation on Sale or Lease of New Vehicles or Equipment, or Rental.—
(1)
In general.— If notification is required by an order under section 30118(b) of this title or is required under section 30118(c) of this title and the manufacturer has provided to a dealer (including retailers of motor vehicle equipment) notification about a new motor vehicle or new item of replacement equipment in the dealer’s possession at the time of notification or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification that contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under this chapter, the dealer or rental company may sell, lease, or rent the motor vehicle or item of replacement equipment only if—
(A)
the defect or noncompliance is remedied as required by this section before delivery under the sale, lease, or rental agreement; or
(B)
when the notification is required by an order under section 30118(b) of this title, enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies.
(2)
Rule of construction.— Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent.
(3)
Specific rules for rental companies.—
(A)
In general.— Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail.
(B)
Special rule for large vehicle fleets.— Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail.
(C)
Special rule for when remedies not immediately available.— If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a).
(D)
Inapplicability to junk automobiles.— Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle—
(i)
meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501);
(ii)
is retitled as a junk automobile pursuant to applicable State law; and
(iii)
is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504).
(j)
Prohibition on Sales of Replacement Equipment.— No person may sell or lease any motor vehicle equipment (including a tire), for installation on a motor vehicle, that is the subject of a decision under section 30118(b) or a notice required under section 30118(c) in a condition that it may be reasonably used for its original purpose unless—
(1)
the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or
(2)
notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is set aside in a civil action to which section 30121(d) applies.
(k)
Recall Completion Rates.—
(1)
In general.— The Administrator of the National Highway Traffic Safety Administration shall publish an annual list of recall completion rates for each recall campaign for which 8 quarterly reports have been submitted under subsection (f) of section 30118 as of the date of publication of the list.
(2)
Requirements.— The annual list under paragraph (1) shall include—
(A)
for each applicable campaign—
(i)
the total number of vehicles subject to recall; and
(ii)
the percentage of vehicles that have been remedied; and
(B)
for each manufacturer submitting an applicable quarterly report under section 30118(f)—
(i)
the total number of recalls issued by the manufacturer during the year covered by the list;
(ii)
the estimated number of vehicles of the manufacturer subject to recall during the year covered by the list; and
(iii)
the percentage of vehicles that have been remedied.

Footnotes

  1. 1 See 2015 Amendment note below.
Notes, amendments, and revision history

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 952; Pub. L. 105–178, title VII, § 7106(a), June 9, 1998, 112 Stat. 467; Pub. L. 106–414, §§ 4, 6–8, Nov. 1, 2000, 114 Stat. 1803–1805; Pub. L. 112–141, div. C, title I, § 31311, July 6, 2012, 126 Stat. 771; Pub. L. 114–94, div. B, title XXIV, §§ 24107, 24108, 24109(c), 24402, Dec. 4, 2015, 129 Stat. 1705, 1706, 1720; Pub. L. 117–58, div. B, title IV, § 24202(b), Nov. 15, 2021, 135 Stat. 819.)

Historical and Revision Notes
Revised
Section		 Source (U.S. Code) Source (Statutes at Large)
30120(a) 15:1397(a)(1)(D) (related to 15:1414(a)(1) (1st sentence), (2)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to §§ 154(a), (b)(1), (2) (1st sentence), (c), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478.
15:1414(a)(1) (1st sentence), (2). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 154(a), (b)(1), (2) (1st sentence), (c), 156 (related to remedy), 157 (related to remedy); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1472, 1474, 1475.
30120(b) 15:1397(a)(1)(D) (related to 15:1414(a)(5)).
15:1414(a)(5).
30120(c) 15:1397(a)(1)(D) (related to 15:1414(b)(1), (2) (1st sentence)).
15:1414(b)(1), (2) (1st sentence).
30120(d) 15:1397(a)(1)(D) (related to 15:1414(c)).
15:1414(c).
30120(e) 15:1397(a)(1)(D) (related to 15:1416).
15:1416 (related to remedy).
30120(f) 15:1397(a)(1)(D) (related to 15:1414(a)(3)).
15:1414(a)(3).
30120(g)(1) 15:1397(a)(1)(D) (related to 15:1414(a)(4)).
15:1414(a)(4).
30120(g)(2) 15:1397(a)(1)(D) (related to 15:1414(a)(1) (last sentence)).
15:1414(a)(1) (last sentence).
30120(h) 15:1397(a)(1)(D) (related to 15:1417).
15:1417 (related to remedy).
30120(i) 15:1414(d). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 154(d); added Dec. 18, 1991, Pub. L. 102–240, § 2504(b), 105 Stat. 2083.

In this section, the text of 15:1397(a)(1)(D) (related to 15:1414(a), (b)(1), (2) (1st sentence), and (c), and 1416) is omitted as surplus.

In subsection (a)(1), before clause (A), the words “Subject to subsections (f) and (g) of this section” are added for clarity. The words “with an applicable Federal motor vehicle safety standard . . . which relates to motor vehicle safety” and “pursuant to such notification” are omitted as surplus. The words “shall remedy” are substituted for “shall cause such defect or failure to comply in such motor vehicle or such item of replacement equipment to be remedied” to eliminate unnecessary words. The words “the defect or noncompliance” are added for clarity. In clauses (A) and (B), the words “without charge” are omitted as unnecessary because of the words “without charge” in this subsection before this clause (A). In clause (A), the words “presented for remedy pursuant to such notification” and “of such motor vehicle in full” are omitted as surplus.

Subsection (a)(2) is substituted for 15:1414(a)(2)(A) (last sentence) for clarity.

In subsection (b)(1), before clause (A), the words “shall remedy a defective or noncomplying tire if” are substituted for “shall not be obligated to remedy such tire if such tire is not” to eliminate unnecessary words and for consistency. The words “pursuant to notification” are omitted as surplus. In clause (B), the words “decides to replace the tire” are substituted for “elects replacement” for clarity.

Subsection (b)(2) is substituted for 15:1414(a)(5)(B) to eliminate unnecessary words.

In subsection (c)(1), the words before clause (A) are substituted for “Whenever a manufacturer has elected under subsection (a) of this section to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of replacement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall” to eliminate unnecessary words. In clause (A), the word “replace” is substituted for “cause . . . to be replaced” for consistency. In clause (B), the word “refund” is substituted for “shall cause . . . to be refunded” for consistency. The words “in full” and “and if the manufacturer so elects)” are omitted as surplus.

In subsection (c)(2), the word “presentation” is substituted for “tender” for clarity. The words “for repair” are omitted as surplus. The last sentence is substituted for 15:1414(b)(2) (1st sentence) because of the restatement.

In subsection (e), the words “(including a manufacturer)” are omitted as surplus. The word “information” is substituted for “data” for consistency in the revised title.

In subsection (f), the word “fair” is substituted for “fair and equitable” to eliminate unnecessary words. The words “for such remedy” are omitted as surplus. The words “providing a” are substituted for “who effects” for consistency.

In subsection (g)(2), the words “In the case of notification required by an order” are omitted as unnecessary. The word “civil” is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (h), the words “any requirement under”, “or to remedy”, and “as it relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement.

Editorial Notes

References in Text

Sections 201 and 204 of the Anti-Car Theft Act of 1992, referred to in subsec. (i)(3)(D)(i), (iii), are sections 201 and 204 of Pub. L. 102–519, from which sections 30501 and 30504 of this title, respectively, are derived.

Amendments

2021—Subsec. (k). Pub. L. 117–58 added subsec. (k).

2015—Subsec. (b)(1). Pub. L. 114–94, § 24108(1), substituted “180 days” for “60 days” in introductory provisions.

Subsec. (b)(2). Pub. L. 114–94, § 24108(2), substituted “180-day” for “60-day” in two places.

Subsec. (f). Pub. L. 114–94, § 24107(1), which directed amendment of subsec. (f) by inserting “(1) in general. A manufacturer”, without specifying the location of such insertion, and indenting appropriately, was executed by striking “A manufacturer” and inserting “(1) In general.—A manufacturer” after the subsec. heading, to reflect the probable intent of Congress.

Subsec. (f)(1). Pub. L. 114–94, § 24107(2), substituted “section if—” for “section.” and added subpars. (A) and (B).

Subsec. (f)(2). Pub. L. 114–94, § 24107(3), added par. (2).

Subsec. (g)(1). Pub. L. 114–94, § 24402, substituted “15 calendar years” for “10 calendar years”.

Subsec. (i). Pub. L. 114–94, § 24109(c)(1), inserted “, or Rental” after “Equipment” in heading.

Subsec. (i)(1). Pub. L. 114–94, § 24109(c)(2)(D), which directed substitution of “the dealer or rental company may sell, lease, or rent” for “the dealer may sell or lease,”, was executed by making the substitution for “the dealer may sell or lease” to reflect the probable intent of Congress.

Pub. L. 114–94, § 24109(c)(2)(A)–(C), inserted heading, inserted “or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification” after “time of notification” in introductory provisions, and realigned margins of subpars. (A) and (B).

Subsec. (i)(1)(A). Pub. L. 114–94, § 24109(c)(2)(E), substituted “sale, lease, or rental agreement” for “sale or lease”.

Subsec. (i)(2). Pub. L. 114–94, § 24109(c)(3), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This subsection does not prohibit a dealer from offering for sale or lease the vehicle or equipment.”

Subsec. (i)(3). Pub. L. 114–94, § 24109(c)(4), added par. (3).

2012—Subsec. (a)(1)(B). Pub. L. 112–141, § 31311(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if replacement equipment, by repairing the equipment or replacing the equipment with identical or reasonably equivalent equipment.”

Subsec. (i). Pub. L. 112–141, § 31311(2), inserted “of New Vehicles or Equipment” after “Lease” in heading.

Subsec. (j). Pub. L. 112–141, § 31311(3), which directed substitution of “replacement” for “replaced” in heading, was executed by substituting “Replacement” for “Replaced”, to reflect the probable intent of Congress.

2000—Subsec. (c)(3). Pub. L. 106–414, § 6(a), added par. (3).

Subsec. (d). Pub. L. 106–414, § 7, inserted at end “In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.”

Pub. L. 106–414, § 6(b), inserted at end “A manufacturer’s remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer’s notification under subsection (b) or (c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan.”

Subsec. (g)(1). Pub. L. 106–414, § 4, substituted “10 calendar years” for “8 calendar years” and “5 calendar years” for “3 calendar years”.

Subsec. (j). Pub. L. 106–414, § 8, added subsec. (j).

1998—Subsec. (i)(1). Pub. L. 105–178 inserted “(including retailers of motor vehicle equipment)” after “provided to a dealer” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by section 24109(c) of Pub. L. 114–94 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.