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49 U.S.C. § 30118 — Notification of defects and noncompliance

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

49 U.S.C. § 30118 — Notification of defects and noncompliance

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Source location: Title 49, Chapter 301, § 30118; chapter-301-motor-vehicle-safety.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30166/f&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30167/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30119&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30120&num=0&edition=prelim). **(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).

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

49 U.S.C. § 30119 — Notification procedures

**(a) Contents of Notification.—** Notification by a manufacturer required under [section 30118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30118&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30120&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30120&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30120&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30121/c/2&num=0&edition=prelim) is the earliest date that part

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30119

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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. § 30102 — Definitions

**(a) General Definitions.—** In this chapter— (1) “covered rental vehicle” means a motor vehicle that— (A) has a gross vehicle weight rating of 10,000 pounds or less; (B) is rented without a driver for an initial term of less than 4 months; and (C) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company. (2) “dealer” means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale. (3) “defect” includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment. (4) “distributor” means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale. (5) “interstate commerce” means commerce between a place in a State and a place in another State or between places in the same State through another State. (6) “manufacturer” means a person— (A) manufacturing or assembling motor vehicles or motor vehicle equipment; or (B) importing motor vehicles or motor vehicle equipment for resale. (7) “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. (8) “motor vehicle equipment” means— (A) any system, part, or component of a motor vehicle as originally manufactured; (B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or (C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30102

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

49 U.S.C. § 30123 — Tires

**(a) Regrooved Tire Limitations.—** (1) In this subsection, “regrooved tire” means a tire with a new tread produced by cutting into the tread of a worn tire. (2) The Secretary may authorize the sale, offer for sale, introduction for sale, or delivery for introduction in interstate commerce, of a regrooved tire or a motor vehicle equipped with regrooved tires if the Secretary decides the tires are designed and made in a way consistent with [section 30101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30101&num=0&edition=prelim). A person may not sell, offer for sale, introduce for sale, or deliver for introduction in interstate commerce, a regrooved tire or a vehicle equipped with regrooved tires unless authorized by the Secretary. **(b) Uniform Quality Grading System, Nomenclature, and Marketing Practices.—** The Secretary shall prescribe through standards a uniform quality grading system for motor vehicle tires to help consumers make an informed choice when purchasing tires. The Secretary also shall cooperate with industry and the Federal Trade Commission to the greatest extent practicable to eliminate deceptive and confusing tire nomenclature and marketing practices. A tire standard or regulation prescribed under this chapter supersedes an order or administrative interpretation of the Commission. **(c) Maximum Load Standards.—** The Secretary shall require a motor vehicle to be equipped with tires that meet maximum load standards when the vehicle is loaded with a reasonable amount of luggage and the total number of passengers the vehicle is designed to carry. The vehicle shall be equipped with those tires by the manufacturer or by the first purchaser when the vehicle is first bought in good faith other than for resale.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30123

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

49 U.S.C. § 30118 — Notification of defects and noncompli-

Page 770 TITLE 49—TRANSPORTATION § 30118 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) (re- lated 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 pur- poses of’’, ‘‘performance and technical’’, and ‘‘to carry out the purposes of this chapter’’ the 2d time they ap- pear 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 reten- tion 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,

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 30118

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