---
kind: "range"
citation: "49 U.S.C. §§ 30117–30122"
title: "49"
from: "30117"
to: "30122"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/49/30117..30122"
---

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

- (a) **Providing Information and Notice.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may require that each [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) provide technical information related to performance and safety required to carry out this chapter. The Secretary may require the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6), in a way the Secretary decides is appropriate.
  - (2) to the [first purchaser](/usc/49/30102.md?p=b-1-B) 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](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or tire (except a retreaded tire) shall cause to be maintained a record of the name and address of the [first purchaser](/usc/49/30102.md?p=b-1-B) 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](/usc/49/30102.md?p=b-1-B) of [replacement equipment](/usc/49/30102.md?p=b-1-D) (except a tire) that the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-4) and [dealers](/usc/49/30102.md?p=a-2) to assist the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2), or similar information, will be made available to a person (except the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2)) only when necessary to carry out this subsection and sections 30118–30121, [30166(f)](/usc/49/30166.md?p=f), and [30167(a)](/usc/49/30167.md?p=a) and [(b)](/usc/49/30167.md?p=b) of this title. Availability of assistance from a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) does not affect an obligation of a [manufacturer](/usc/49/30102.md?p=a-6) under this subsection.
  - (2)
    - (A) Except as provided in paragraph (3) of this subsection, the Secretary may require a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) to maintain a record under paragraph (1) of this subsection only if the business of the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) is owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires.
    - (B) The Secretary shall require each [distributor](/usc/49/30102.md?p=a-4) and [dealer](/usc/49/30102.md?p=a-2) whose business is not owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires to give a registration form (containing the tire identification number) to the [first purchaser](/usc/49/30102.md?p=b-1-B) 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](/usc/49/30102.md?p=a-6) of the tire. The [manufacturer](/usc/49/30102.md?p=a-6) shall give sufficient copies of forms to [distributors](/usc/49/30102.md?p=a-4) and [dealers](/usc/49/30102.md?p=a-2).
  - (3) **Rulemaking.—**
    - (A) **In general.—** The Secretary shall initiate a rulemaking to require a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) of tires that is not owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) 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)](#b-3-A) shall require a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) of tires that is not owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires to electronically transmit the records described in clauses [(i)](#b-3-A-i), [(ii)](#b-3-A-ii), and [(iii)](#b-3-A-iii) of subparagraph (A) to the [manufacturer](/usc/49/30102.md?p=a-6) of the tires or the designee of the [manufacturer](/usc/49/30102.md?p=a-6) by secure means at no cost to tire purchasers or lessors.
    - (C) **Satisfaction of requirements.—** A regulation promulgated under [subparagraph (A)](#b-3-A) may be considered to satisfy the requirements of [paragraph (2)(B)](#b-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](/usc/49/30102.md?p=a-7) 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)](#c-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](/usc/49/30102.md?p=a-7), including passenger cars, multipurpose passenger vehicles, and trucks, with a gross vehicle weight rating of 10,000 pounds or less. A [motor vehicle](/usc/49/30102.md?p=a-7) designed to provide temporary residential accommodations is not covered.

# §30118. Notification of defects and noncompliance

- (a) **Notification by Secretary.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall notify the [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) 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](/usc/49/30166.md?p=f), or otherwise) that the vehicle or equipment contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) 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](/usc/49/30167.md?p=a), 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](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter only after giving the [manufacturer](/usc/49/30102.md?p=a-6) an opportunity to present information, views, and arguments showing that there is no [defect](/usc/49/30102.md?p=a-3) or noncompliance or that the [defect](/usc/49/30102.md?p=a-3) does not affect [motor vehicle safety](/usc/49/30102.md?p=a-9). 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](/usc/49/30102.md?p=a-3) or does not comply, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6) to—
    - (A) give notification under [section 30119 of this title](/usc/49/30119.md) to the owners, purchasers, and [dealers](/usc/49/30102.md?p=a-2) of the vehicle or equipment of the [defect](/usc/49/30102.md?p=a-3) or noncompliance; and
    - (B) remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance under [section 30120 of this title](/usc/49/30120.md).
- (c) **Notification by Manufacturer.—** A [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) shall notify the Secretary by certified mail or electronic mail, and the owners, purchasers, and [dealers](/usc/49/30102.md?p=a-2) of the vehicle or equipment as provided in [section 30119(d)](/usc/49/30119.md?p=d) of this section, if the [manufacturer](/usc/49/30102.md?p=a-6)—
  - (1) learns the vehicle or equipment contains a [defect](/usc/49/30102.md?p=a-3) and decides in good faith that the [defect](/usc/49/30102.md?p=a-3) is related to [motor vehicle safety](/usc/49/30102.md?p=a-9); or
  - (2) decides in good faith that the vehicle or equipment does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter.
- (d) **Exemptions.—** On application of a [manufacturer](/usc/49/30102.md?p=a-6), the Secretary shall exempt the [manufacturer](/usc/49/30102.md?p=a-6) from this section if the Secretary decides a [defect](/usc/49/30102.md?p=a-3) or noncompliance is inconsequential to [motor vehicle safety](/usc/49/30102.md?p=a-9). 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](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) has reasonably met the notification requirements. If the Secretary decides that the [manufacturer](/usc/49/30102.md?p=a-6) has not reasonably met the notification requirements, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) that is conducting a campaign under subsection [(b)](#b) or [(c)](#c) or any other provision of law (including regulations) to notify [manufacturers](/usc/49/30102.md?p=a-6), [distributors](/usc/49/30102.md?p=a-4), owners, purchasers, or [dealers](/usc/49/30102.md?p=a-2) of a [defect](/usc/49/30102.md?p=a-3) 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](/cfr/49/573.7.md?p=d) (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)](#f-1-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](/cfr/49/573.7.md) (or a successor regulation).

# §30119. Notification procedures

- (a) **Contents of Notification.—** Notification by a [manufacturer](/usc/49/30102.md?p=a-6) required under [section 30118 of this title](/usc/49/30118.md) of a [defect](/usc/49/30102.md?p=a-3) or noncompliance shall contain—
  - (1) a clear description of the [defect](/usc/49/30102.md?p=a-3) or noncompliance;
  - (2) an evaluation of the risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) reasonably related to the [defect](/usc/49/30102.md?p=a-3) or noncompliance;
  - (3) the measures to be taken to obtain a remedy of the [defect](/usc/49/30102.md?p=a-3) or noncompliance;
  - (4) a statement that the [manufacturer](/usc/49/30102.md?p=a-6) giving notice will remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge under [section 30120 of this title](/usc/49/30120.md);
  - (5) the earliest date on which the [defect](/usc/49/30102.md?p=a-3) or noncompliance will be remedied without charge, and for tires, the period during which the [defect](/usc/49/30102.md?p=a-3) or noncompliance will be remedied without charge under [section 30120 of this title](/usc/49/30120.md);
  - (6) the procedure the recipient of a notice is to follow to inform the Secretary of [Transportation](/usc/49/13907.md?p=e-2) when a [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), or [dealer](/usc/49/30102.md?p=a-2) does not remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge under [section 30120 of this title](/usc/49/30120.md); and
  - (7) other information the Secretary prescribes by regulation.
- (b) **Earliest Remedy Date.—** The date specified by a [manufacturer](/usc/49/30102.md?p=a-6) in a notification under [subsection (a)(5)](#a-5) of this section or [section 30121(c)(2) of this title](/usc/49/30121.md?p=c-2) is the earliest date that parts and facilities reasonably can be expected to be available to remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance. The Secretary may disapprove the date.
- (c) **Time for Notification.—** Notification required under [section 30118 of this title](/usc/49/30118.md) shall be given within a reasonable time—
  - (1) prescribed by the Secretary, after the [manufacturer](/usc/49/30102.md?p=a-6) receives notice of a final decision under [section 30118(b) of this title](/usc/49/30118.md?p=b); or
  - (2) after the [manufacturer](/usc/49/30102.md?p=a-6) first decides that a safety-related [defect](/usc/49/30102.md?p=a-3) or noncompliance exists under [section 30118(c) of this title](/usc/49/30118.md?p=c).
- (d) **Means of Providing Notification.—**
  - (1) Notification required under [section 30118 of this title](/usc/49/30118.md) about a [motor vehicle](/usc/49/30102.md?p=a-7) shall be sent in the manner prescribed by the Secretary, by regulation—
    - (A) to each person registered under [State](/usc/49/30102.md?p=a-12) law as the owner and whose name and address are reasonably ascertainable by the [manufacturer](/usc/49/30102.md?p=a-6) through [State](/usc/49/30102.md?p=a-12) 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](/usc/49/30102.md?p=a-6).
  - (2) Notification required under [section 30118 of this title](/usc/49/30118.md) about [replacement equipment](/usc/49/30102.md?p=b-1-D) shall be sent in the manner prescribed by the Secretary, by regulation, to the most recent purchaser known to the [manufacturer](/usc/49/30102.md?p=a-6).
  - (3) In addition to the notification required under paragraphs [(1)](#d-1) and [(2)](#d-2), if the Secretary decides that public notice is required for [motor vehicle safety](/usc/49/30102.md?p=a-9), public notice shall be given by the [manufacturer](/usc/49/30102.md?p=a-6) in the way required by the Secretary after consulting with the [manufacturer](/usc/49/30102.md?p=a-6). In deciding whether public notice is required, the Secretary shall consider—
    - (A) the magnitude of the risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) caused by the [defect](/usc/49/30102.md?p=a-3) or noncompliance; and
    - (B) the cost of public notice compared to the additional number of owners the notice may reach.
  - (4) A [dealer](/usc/49/30102.md?p=a-2) to whom a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) 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](/usc/49/30102.md?p=a-6) under this section has not resulted in an adequate number of [motor vehicles](/usc/49/30102.md?p=a-7) or items of [replacement equipment](/usc/49/30102.md?p=b-1-D) being returned for remedy, the Secretary may order the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-3) or noncompliance, that the second notification by a [manufacturer](/usc/49/30102.md?p=a-6) does not result in an adequate number of [motor vehicles](/usc/49/30102.md?p=a-7) or items of [replacement equipment](/usc/49/30102.md?p=b-1-D) being returned for remedy, the Secretary may order the [manufacturer](/usc/49/30102.md?p=a-6)—
    - (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](/usc/49/30102.md?p=a-12) 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](/usc/49/30102.md?p=a-3) or noncompliance in such notification.
- (f) **Notification by Lessor to Lessee.—**
  - (1) In this subsection, “leased [motor vehicle](/usc/49/30102.md?p=a-7)” means a [motor vehicle](/usc/49/30102.md?p=a-7) that is leased to a person for at least 4 months by a lessor that has leased at least 5 [motor vehicles](/usc/49/30102.md?p=a-7) in the 12 months before the date of the notification.
  - (2) A lessor that receives a notification required by [section 30118 of this title](/usc/49/30118.md) about a leased [motor vehicle](/usc/49/30102.md?p=a-7) 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](/usc/49/30102.md?p=a-6) that is required to furnish a report under [section 573.6 of title 49, Code of Federal Regulations](/cfr/49/573.6.md) (or any successor regulation) for a [defect](/usc/49/30102.md?p=a-3) or noncompliance in a [motor vehicle](/usc/49/30102.md?p=a-7) or in an item of original or [replacement equipment](/usc/49/30102.md?p=b-1-D) shall, if such [defect](/usc/49/30102.md?p=a-3) 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.

# §30120. Remedies for defects and noncompliance

- (a) **Ways To Remedy.—**
  - (1) Subject to subsections [(f)](#f) and [(g)](#g) of this section, when notification of a [defect](/usc/49/30102.md?p=a-3) or noncompliance is required under section [30118(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of this title, the [manufacturer](/usc/49/30102.md?p=a-6) of the defective or noncomplying [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) shall remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge when the vehicle or equipment is presented for remedy. Subject to subsections [(b)](#b) and [(c)](#c) of this section, the [manufacturer](/usc/49/30102.md?p=a-6) shall remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance in any of the following ways the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=b-1-D), by repairing the equipment, replacing the equipment with identical or reasonably equivalent equipment, or by refunding the purchase price.
  - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe regulations to allow the [manufacturer](/usc/49/30102.md?p=a-6) to impose conditions on the replacement of a [motor vehicle](/usc/49/30102.md?p=a-7) or refund of its price.
- (b) **Tire Remedies.—**
  - (1) A [manufacturer](/usc/49/30102.md?p=a-6) of a tire, including an [original equipment](/usc/49/30102.md?p=b-1-C) 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](/usc/49/30119.md); or
    - (B) if the [manufacturer](/usc/49/30102.md?p=a-6) decides to replace the tire, the day the owner or purchaser receives notification that a replacement is available.
  - (2) If the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) decides to repair a defective or noncomplying [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) and the repair is not done adequately within a reasonable time, the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) 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](/usc/49/30102.md?p=a-6) in a notice under section [30119(a)(5)](/usc/49/30119.md?p=a-5) or [30121(c)(2)](/usc/49/30121.md?p=c-2) of this title is not a presentation under this subsection.
  - (3) If the Secretary determines that a [manufacturer](/usc/49/30102.md?p=a-6)’s remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) shall file with the Secretary a copy of the [manufacturer](/usc/49/30102.md?p=a-6)’s program under this section for remedying a [defect](/usc/49/30102.md?p=a-3) or noncompliance. The Secretary shall make the program available to the public and publish a notice of availability in the Federal Register. A [manufacturer](/usc/49/30102.md?p=a-6)’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](/usc/49/30102.md?p=a-6)’s notification under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=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](/usc/49/30102.md?p=a-6) shall include a plan addressing how to prevent, to the extent reasonably within the control of the [manufacturer](/usc/49/30102.md?p=a-6), replaced tires from being resold for installation on a [motor vehicle](/usc/49/30102.md?p=a-7), and how to limit, to the extent reasonably within the control of the [manufacturer](/usc/49/30102.md?p=a-6), the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) has reasonably met the remedy requirements. If the Secretary decides a [manufacturer](/usc/49/30102.md?p=a-6) has not reasonably met the remedy requirements, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6) 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 [manufacturer](/usc/49/30102.md?p=a-6)[^1] shall pay fair reimbursement to a [dealer](/usc/49/30102.md?p=a-2) providing a remedy without charge under this section if—
    - (A) at the time of providing service for each of the [manufacturer](/usc/49/30102.md?p=a-6)’s [motor vehicles](/usc/49/30102.md?p=a-7) it services, the [dealer](/usc/49/30102.md?p=a-2) notifies the owner or the individual requesting the service of any [open recall](#f-2); and
    - (B) the notification requirement under [subparagraph (A)](#f-1-A) is specified in a franchise, operating, or other agreement between the [dealer](/usc/49/30102.md?p=a-2) and the [manufacturer](/usc/49/30102.md?p=a-6).
  - (2) **Definition of open recall.—** In this subsection, the term “open recall” means a recall for which a notification by a [manufacturer](/usc/49/30102.md?p=a-6) has been provided under [section 30119](/usc/49/30119.md) 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](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) was bought by the [first purchaser](/usc/49/30102.md?p=b-1-B) more than 15 calendar years, or the tire, including an [original equipment](/usc/49/30102.md?p=b-1-C) tire, was bought by the [first purchaser](/usc/49/30102.md?p=b-1-B) more than 5 calendar years, before notice is given under [section 30118(c) of this title](/usc/49/30118.md?p=c) or an order is issued under [section 30118(b) of this title](/usc/49/30118.md?p=b), 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](/usc/49/30118.md?p=b) is restrained or the order is set aside in a civil action to which [section 30121(d) of this title](/usc/49/30121.md?p=d) applies.
- (h) **Exemptions.—** On application of a [manufacturer](/usc/49/30102.md?p=a-6), the Secretary shall exempt the [manufacturer](/usc/49/30102.md?p=a-6) from this section if the Secretary decides a [defect](/usc/49/30102.md?p=a-3) or noncompliance is inconsequential to [motor vehicle safety](/usc/49/30102.md?p=a-9). 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](/usc/49/30118.md?p=b) or is required under [section 30118(c) of this title](/usc/49/30118.md?p=c) and the [manufacturer](/usc/49/30102.md?p=a-6) has provided to a [dealer](/usc/49/30102.md?p=a-2) (including retailers of [motor vehicle equipment](/usc/49/30102.md?p=a-8)) notification about a new [motor vehicle](/usc/49/30102.md?p=a-7) or new item of [replacement equipment](/usc/49/30102.md?p=b-1-D) in the [dealer](/usc/49/30102.md?p=a-2)’s possession at the time of notification or the [manufacturer](/usc/49/30102.md?p=a-6) has provided to a [rental company](/usc/49/30102.md?p=a-11) notification about a [covered rental vehicle](/usc/49/30102.md?p=a-1) in the company’s possession at the time of notification that contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter, the [dealer](/usc/49/30102.md?p=a-2) or [rental company](/usc/49/30102.md?p=a-11) may sell, lease, or rent the [motor vehicle](/usc/49/30102.md?p=a-7) or item of [replacement equipment](/usc/49/30102.md?p=b-1-D) only if—
    - (A) the [defect](/usc/49/30102.md?p=a-3) 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](/usc/49/30118.md?p=b), enforcement of the order is restrained or the order is set aside in a civil action to which [section 30121(d) of this title](/usc/49/30121.md?p=d) applies.
  - (2) **Rule of construction.—** Nothing in this subsection may be construed to prohibit a [dealer](/usc/49/30102.md?p=a-2) or [rental company](/usc/49/30102.md?p=a-11) 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](/usc/49/30102.md?p=a-11) shall comply with the limitations on sale, lease, or rental set forth in [subparagraph (C)](#i-3-C) and [paragraph (1)](#i-1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118 (including the vehicle identification number for the covered vehicle) by the [rental company](/usc/49/30102.md?p=a-11), whether by electronic means or first class mail.
    - (B) **Special rule for large vehicle fleets.—** Notwithstanding [subparagraph (A)](#i-3-A), if a [rental company](/usc/49/30102.md?p=a-11) receives a notice to owner covering more than 5,000 [motor vehicles](/usc/49/30102.md?p=a-7) in its fleet, the [rental company](/usc/49/30102.md?p=a-11) shall comply with the limitations on sale, lease, or rental set forth in [subparagraph (C)](#i-3-C) and [paragraph (1)](#i-1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118 (including the vehicle identification number for the covered vehicle) by the [rental company](/usc/49/30102.md?p=a-11), whether by electronic means or first class mail.
    - (C) **Special rule for when remedies not immediately available.—** If a notification required under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118 indicates that the remedy for the [defect](/usc/49/30102.md?p=a-3) or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the [defect](/usc/49/30102.md?p=a-3) or noncompliance, the [rental company](/usc/49/30102.md?p=a-11), after causing the specified actions to be performed, may rent (but may not sell or lease) the [motor vehicle](/usc/49/30102.md?p=a-7). Once the remedy for the rental vehicle becomes available to the [rental company](/usc/49/30102.md?p=a-11), the [rental company](/usc/49/30102.md?p=a-11) may not rent the vehicle until the vehicle has been remedied, as provided in [subsection (a)](#a).
    - (D) **Inapplicability to junk automobiles.—** Notwithstanding [paragraph (1)](#i-1), this subsection does not prohibit a [rental company](/usc/49/30102.md?p=a-11) from selling a [covered rental vehicle](/usc/49/30102.md?p=a-1) 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](/usc/49/30501.md));
      - (ii) is retitled as a junk automobile pursuant to applicable [State](/usc/49/30102.md?p=a-12) law; and
      - (iii) is reported to the National [Motor Vehicle](/usc/49/30102.md?p=a-7) Information System, if required under section 204 of such Act ([49 U.S.C. 30504](/usc/49/30504.md)).
- (j) **Prohibition on Sales of Replacement Equipment.—** No person may sell or lease any [motor vehicle equipment](/usc/49/30102.md?p=a-8) (including a tire), for installation on a [motor vehicle](/usc/49/30102.md?p=a-7), that is the subject of a decision under [section 30118(b)](/usc/49/30118.md?p=b) or a notice required under [section 30118(c)](/usc/49/30118.md?p=c) in a condition that it may be reasonably used for its original purpose unless—
  - (1) the [defect](/usc/49/30102.md?p=a-3) or noncompliance is remedied as required by this section before delivery under the sale or lease; or
  - (2) notification of the [defect](/usc/49/30102.md?p=a-3) or noncompliance is required under [section 30118(b)](/usc/49/30118.md?p=b) but enforcement of the order is set aside in a civil action to which [section 30121(d)](/usc/49/30121.md?p=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)](/usc/49/30118.md?p=f) of section 30118 as of the date of publication of the list.
  - (2) **Requirements.—** The annual list under [paragraph (1)](#k-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](/usc/49/30102.md?p=a-6) submitting an applicable quarterly report under [section 30118(f)](/usc/49/30118.md?p=f)—
      - (i) the total number of recalls issued by the [manufacturer](/usc/49/30102.md?p=a-6) during the year covered by the list;
      - (ii) the estimated number of vehicles of the [manufacturer](/usc/49/30102.md?p=a-6) subject to recall during the year covered by the list; and
      - (iii) the percentage of vehicles that have been remedied.

# §30120A. Recall obligations and bankruptcy of a manufacturer


A [manufacturer](/usc/49/30102.md?p=a-6)’s filing of a petition in bankruptcy under [chapter 7](/usc/49/chstI-ch7.md) or [chapter 11](/usc/11/ch11.md) of title 11 does not negate the [manufacturer](/usc/49/30102.md?p=a-6)’s duty to comply with [section 30112](/usc/49/30112.md) or [sections 30115 through 30120](/usc/49/30115..30120.md) of this title. In any bankruptcy proceeding, the [manufacturer](/usc/49/30102.md?p=a-6)’s obligations under such sections shall be treated as a claim of the United States Government against such [manufacturer](/usc/49/30102.md?p=a-6), subject to subchapter II of [chapter 37](/usc/31/chstIII-ch37.md) of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety [defect](/usc/49/30102.md?p=a-3) or noncompliance determined to exist in the [manufacturer](/usc/49/30102.md?p=a-6)’s products. This section shall apply equally to actions of a [manufacturer](/usc/49/30102.md?p=a-6) taken before or after the filing of a petition in bankruptcy.


# §30121. Provisional notification and civil actions to enforce

- (a) **Provisional Notification.—**
  - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may order a [manufacturer](/usc/49/30102.md?p=a-6) to issue a provisional notification if a civil action about an order issued under [section 30118(b) of this title](/usc/49/30118.md?p=b) has been brought under [section 30163 of this title](/usc/49/30163.md). The provisional notification shall contain—
    - (A) a statement that the Secretary has decided that a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or noncompliance with a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter exists and that the [manufacturer](/usc/49/30102.md?p=a-6) is contesting the decision in a civil action in a [United States district court](/usc/49/30102.md?p=a-13);
    - (B) a clear description of the Secretary’s stated basis for the decision;
    - (C) the Secretary’s evaluation of the risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) reasonably related to the [defect](/usc/49/30102.md?p=a-3) or noncompliance;
    - (D) measures the Secretary considers necessary to avoid an unreasonable risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) resulting from the [defect](/usc/49/30102.md?p=a-3) or noncompliance;
    - (E) a statement that the [manufacturer](/usc/49/30102.md?p=a-6) will remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge under [section 30120 of this title](/usc/49/30120.md), but that the requirement to remedy without charge is conditioned on the outcome of the civil action; and
    - (F) other information the Secretary prescribes by regulation or includes in the order requiring the notice.
  - (2) A notification under this subsection does not relieve a [manufacturer](/usc/49/30102.md?p=a-6) of liability for not giving notification required by an order under [section 30118(b) of this title](/usc/49/30118.md?p=b).
- (b) **Civil Actions for Not Notifying.—**
  - (1) A [manufacturer](/usc/49/30102.md?p=a-6) that does not notify owners and purchasers under section [30119(c)](/usc/49/30119.md?p=c) and [(d)](/usc/49/30119.md?p=d) of this title is liable to the United States Government for a civil penalty, unless the [manufacturer](/usc/49/30102.md?p=a-6) prevails in a civil action referred to in [subsection (a)](#a) of this section or the court in that action enjoins enforcement of the order. Enforcement may be enjoined only if the court decides that the failure to notify is reasonable and that the [manufacturer](/usc/49/30102.md?p=a-6) has demonstrated the likelihood of prevailing on the merits. If enforcement is enjoined, the [manufacturer](/usc/49/30102.md?p=a-6) is not liable during the time the order is stayed.
  - (2) A [manufacturer](/usc/49/30102.md?p=a-6) that does not notify owners and purchasers as required under [subsection (a)](#a) of this section is liable for a civil penalty regardless of whether the [manufacturer](/usc/49/30102.md?p=a-6) prevails in an action on the validity of the order issued under [section 30118(b) of this title](/usc/49/30118.md?p=b).
- (c) **Orders to Manufacturers.—** If the Secretary prevails in a civil action referred to in [subsection (a)](#a) of this section, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6)—
  - (1) to notify each owner, purchaser, and [dealer](/usc/49/30102.md?p=a-2) described in [section 30119(d) of this title](/usc/49/30119.md?p=d) of the outcome of the action and other information the Secretary requires, and notification under this clause may be combined with notification required under [section 30118(b) of this title](/usc/49/30118.md?p=b);
  - (2) to specify the earliest date under [section 30119(b) of this title](/usc/49/30119.md?p=b) on which the [defect](/usc/49/30102.md?p=a-3) or noncompliance will be remedied without charge under [section 30120 of this title](/usc/49/30120.md); and
  - (3) if notification was required under [subsection (a)](#a) of this section, to reimburse an owner or purchaser for reasonable and necessary expenses (in an amount that is not more than the amount specified in the order of the Secretary under [subsection (a)](#a)) incurred for repairing the [defect](/usc/49/30102.md?p=a-3) or noncompliance during the period beginning on the date that notification was required to be issued and ending on the date the owner or purchaser receives the notification under this subsection.
- (d) **Venue.—** Notwithstanding [section 30163(c) of this title](/usc/49/30163.md?p=c), a civil action about an order issued under [section 30118(b) of this title](/usc/49/30118.md?p=b) must be brought in the [United States district court](/usc/49/30102.md?p=a-13) for a judicial district in the [State](/usc/49/30102.md?p=a-12) in which the [manufacturer](/usc/49/30102.md?p=a-6) is incorporated or the District of Columbia. On motion of a party, the court may transfer the action to another district court if good cause is shown. All actions related to the same order under [section 30118(b)](/usc/49/30118.md?p=b) shall be consolidated in an action in one judicial district under an order of the court in which the first action was brought. If the first action is transferred to another court, that court shall issue the consolidation order.

# §30122. Making safety devices and elements inoperative

- (a) **Definition.—** In this section, “[motor vehicle](/usc/49/30102.md?p=a-7) repair business” means a person holding itself out to the public to repair for compensation a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8).
- (b) **Prohibition.—** A [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), [rental company](/usc/49/30102.md?p=a-11), or [motor vehicle](/usc/49/30102.md?p=a-7) repair business may not knowingly make inoperative any part of a device or element of design installed on or in a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) in compliance with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter unless the [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), [rental company](/usc/49/30102.md?p=a-11), or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.
- (c) **Regulations.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe regulations—
  - (1) to exempt a person from this section if the Secretary decides the exemption is consistent with [motor vehicle safety](/usc/49/30102.md?p=a-9) and [section 30101 of this title](/usc/49/30101.md); and
  - (2) to define “make inoperative”.