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49 U.S.C. § 30121 — Provisional notification and civil actions to enforce

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30121 — Provisional notification and civil actions to enforce

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Stable record: federal_law:legal_authorities:record_usc_3c322637002be131cd6a73cb
Source file: Laws/federal/codes/united-states-code/title-49/section-30121-provisional-notification-and-civil-actions-to-enforce--5cd7951e44.md
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Source location: Title 49, Chapter 301, § 30121; chapter-301-motor-vehicle-safety.md

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**(a) Provisional Notification.—** (1) The Secretary of Transportation may order a manufacturer to issue a provisional notification if a civil action about an order issued under [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/b&num=0&edition=prelim) has been brought under [section 30163 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30163&num=0&edition=prelim). The provisional notification shall contain— (A) a statement that the Secretary has decided that a defect related to motor vehicle safety or noncompliance with a motor vehicle safety standard prescribed under this chapter exists and that the manufacturer is contesting the decision in a civil action in a United States district court; (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 reasonably related to the defect or noncompliance; (D) measures the Secretary considers necessary to avoid an unreasonable risk to motor vehicle safety resulting from the defect or noncompliance; (E) a statement that the manufacturer will remedy the defect or noncompliance without charge under [section 30120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30120&num=0&edition=prelim), 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 of liability for not giving notification required by an order under [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/b&num=0&edition=prelim). **(b) Civil Actions for Not Notifying.—** (1) A manufacturer that does not notify owners and purchasers under section 30119(c) and (d) of this title is liable to the United States Government for a civil penalty, unless the manufacturer prevails in a civil action referred to in subsection (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 has demonstrated the likelihood of prevailing on the merits. If enforcement is enjoined, the manufacturer is not liable during the time the order is stayed. (2) A manufacturer that does not notify owners and purchasers as required under subsection (a) of this section is liable for a civil penalty regardless of whether the manufacturer prevails in an action on the validity of the order issued under [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/b&num=0&edition=prelim). **(c) Orders to Manufacturers.—** If the Secretary prevails in a civil action referred to in subsection (a) of this section, the Secretary shall order the manufacturer— (1) to notify each owner, purchaser, and dealer described in [section 30119(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30119/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/b&num=0&edition=prelim); (2) to specify the earliest date under [section 30119(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30119/b&num=0&edition=prelim) on which the defect or noncompliance will be remedied without charge under [section 30120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30120&num=0&edition=prelim); and (3) if notification was required under subsection (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)) incurred for repairing the defect 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30163/c&num=0&edition=prelim), a civil action about an order issued under [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/b&num=0&edition=prelim) must be brought in the United States district court for a judicial district in the State in which the manufacturer 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) 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30163 — Actions by the Attorney General

**(a) Civil Actions To Enforce.—** The Attorney General may bring a civil action in a United States district court to enjoin— (1) a violation of this chapter or a regulation prescribed or order issued under this chapter; and (2) the sale, offer for sale, or introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good faith other than for resale, that the vehicle or equipment— (A) contains a defect related to motor vehicle safety about which notice was given under [section 30118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/c&num=0&edition=prelim) or an order was issued under [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118/b&num=0&edition=prelim); or (B) does not comply with an applicable motor vehicle safety standard prescribed under this chapter. **(b) Prior Notice.—** When practicable, the Secretary of Transportation shall notify a person against whom a civil action under subsection (a) of this section is planned, give the person an opportunity to present that person’s views, and, except for a knowing and willful violation of this chapter, give the person a reasonable opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter. Failure to give notice and an opportunity to remedy the defect or comply with the applicable motor vehicle safety standard prescribed under this chapter does not prevent a court from granting appropriate relief. **(c) Venue.—** Except as provided in [section 30121(d) of this title](https://uscode.house.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30163

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30120 — Remedies for defects and noncompliance

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30119&num=0&edition=prelim); 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 avai

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30120

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1421 to 1426 — Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379

### Statutory Notes Section 1411, Pub. L. 89–563, title I, § 151, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470, related to notification respecting manufacturer’s finding of defect or failure to comply with motor vehicle safety standard. See [section 30118 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118&num=0&edition=prelim), Transportation. Section 1412, Pub. L. 89–563, title I, § 152, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1470, related to notification of Secretary’s finding of defect or failure to comply with motor vehicle safety standard, publication in Federal Register, and opportunity to present data, views, and arguments. See [section 30118 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118&num=0&edition=prelim). Section 1413, Pub. L. 89–563, title I, § 153, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1471; amended Pub. L. 97–331, § 4(b), Oct. 15, 1982, 96 Stat. 1620; Pub. L. 102–240, title II, § 2504(a), Dec. 18, 1991, 105 Stat. 2083, related to contents, time, and method of notification regarding manufacturer’s finding of defect or failure to comply with motor vehicle safety standard. See sections 30118 and 30119 of Title 49. Section 1414, Pub. L. 89–563, title I, § 154, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1472; amended Pub. L. 102–240, title II, § 2504(b), Dec. 18, 1991, 105 Stat. 2083, related to remedy for defect or failure to comply with motor vehicle safety standard. See sections 30119 and 30120 of Title 49. Section 1415, Pub. L. 89–563, title I, § 155, as added Pub. L. 93–492, title I, § 102(a), Oct. 27, 1974, 88 Stat. 1474; amended Pub. L. 98–620, ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1421 to 1426

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30121 — Provisional notification and civil actions

Page 778 TITLE 49—TRANSPORTATION § 30120A A manufacturer’’, without specifying the location of such insertion, and indenting appropriately, was exe- cuted by striking ‘‘A manufacturer’’ and inserting ‘‘(1) IN GENERAL.—A manufacturer’’ after the subsec. head- ing, 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 di- rected 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), sub- stituted ‘‘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 equip- ment.’’ Subsec. (i)(3). Pub. L. 114–94, § 24109(c)(4), added par. (3). 2012—Subsec. (a)(1)(B). Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 30121

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