49 U.S.C. § 32302 — Passenger motor vehicle information

Page 927 TITLE 49—TRANSPORTATION § 32302 1 Section catchline amended by Pub. L. 114–94 without cor- responding amendment of chapter analysis. ‘‘(3) $7,252,739 for the fiscal year ending September 30, 1995.’’ CHAPTER 323—CONSUMER INFORMATION Sec. 32301. Definitions. 32302. Passenger motor vehicle information. 32303. Insurance information. 32304. Passenger motor vehicle country of origin la- beling. 32304A. Consumer tire information.1 32304B. Child safety. 32305. Information and assistance from other de- partments, agencies, and instrumentalities. 32306. Personnel. 32307. Investigative powers. 32308. General prohibitions, civil penalty, and en- forcement. 32309. Civil penalty for labeling violations. 32310. New Car Assessment Program roadmap. Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title IV, §§ 24213(c)(2), 24222(a)(2), Nov. 15, 2021, 135 Stat. 829, 835, added items 32304B and 32310. 2007—Pub. L. 110–140, title I, § 111(c), Dec. 19, 2007, 121 Stat. 1507, added item 32304A. 1994—Pub. L. 103–429, § 6(28), Oct. 31, 1994, 108 Stat. 4380, substituted ‘‘Civil’’ for ‘‘Criminal’’ in item 32309. § 32301. Definitions In this chapter— (1) ‘‘crash avoidance’’ means preventing or mitigating a crash; (2) ‘‘crashworthiness’’ means the protection a passenger motor vehicle gives its passengers against personal injury or death from a motor vehicle accident; and (3) ‘‘damage susceptibility’’ means the sus- ceptibility of a passenger motor vehicle to damage in a motor vehicle accident. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112–141, div. C, title I, § 31305(a), July 6, 2012, 126 Stat. 765.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32301 .......... 15:1901(13), (14). Oct. 20, 1972, Pub. L. 92–513, § 2(13), (14), 86 Stat. 948; Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, § 8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, § 101(b), 98 Stat. 2767. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (2), substituted ‘‘; and’’ for period at end. 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 Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 32302. Passenger motor vehicle information (a) INFORMATION PROGRAM.—The Secretary of Transportation (referred to in this section as the ‘‘Secretary’’) shall maintain a program for developing the following information on pas- senger motor vehicles: (1) damage susceptibility. (2) crashworthiness, crash avoidance, and any other areas the Secretary determines will improve the safety of passenger motor vehi- cles. (3) the degree of difficulty of diagnosis and repair of damage to, or failure of, mechanical and electrical systems. (b) MOTOR VEHICLE INFORMATION.—To assist a consumer in buying a passenger motor vehicle, the Secretary shall provide to the public infor- mation developed under subsection (a) of this section. The information shall be in a simple and understandable form that allows compari- son of the characteristics referred to in sub- section (a)(1)–(3) of this section among the makes and models of passenger motor vehicles. The Secretary may require passenger motor ve- hicle dealers to distribute the information to prospective buyers. The Secretary, after pro- viding an opportunity for public comment, shall study and report to Congress the most useful data, format, and method for providing simple and understandable damage susceptibility infor- mation to consumers. (c) CRASH AVOIDANCE.—Not later than 1 year after the date of enactment of the Safety Through Informed Consumers Act of 2015, the Secretary shall promulgate a rule to ensure that crash avoidance information is indicated next to crashworthiness information on stickers placed on motor vehicles by their manufacturers. (d) MOTOR VEHICLE DEFECT REPORTING INFOR- MATION.— (1) RULEMAKING REQUIRED.—Not later than 1 year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, the Secretary shall prescribe regula- tions that require passenger motor vehicle manufacturers— (A) to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable lan- guage, information about how to submit a safety-related motor vehicle defect com- plaint to the National Highway Traffic Safe- ty Administration; (B) to prominently print the information described in subparagraph (A) within the owner’s manual; and (C) to not place such information on the label required under section 3 of the Auto- mobile Information Disclosure Act (15 U.S.C. 1232). (2) APPLICATION.—The requirements under paragraph (1) shall apply to passenger motor vehicles manufactured in any model year be- ginning more than 1 year after the date on which a final rule is published under para- graph (1). Page 928 TITLE 49—TRANSPORTATION § 32302 (e) ADVANCED CRASH-AVOIDANCE TECH- NOLOGIES.— (1) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Sec- retary shall publish a notice, for purposes of public review and comment, to establish, dis- tinct from crashworthiness information, a means for providing to consumers information relating to advanced crash-avoidance tech- nologies, in accordance with subsection (a). (2) INCLUSIONS.—The notice under paragraph (1) shall include— (A) an appropriate methodology for— (i) determining which advanced crash- avoidance technologies shall be included in the information; (ii) developing performance test criteria for use by manufacturers in evaluating ad- vanced crash-avoidance technologies; (iii) determining a distinct rating involv- ing each advanced crash-avoidance tech- nology to be included; and (iv) updating overall vehicle ratings to incorporate advanced crash-avoidance technology ratings; and (B) such other information and analyses as the Secretary determines to be necessary to implement the rating of advanced crash- avoidance technologies. (3) REPORT.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an advanced crash-avoidance technology infor- mation and rating system, in accordance with subsection (a). (f) VULNERABLE ROAD USER SAFETY.— (1) NOTICE.—Not later than 1 year after the date of enactment of this subsection, the Sec- retary shall publish a notice, for purposes of public review and comment, to establish a means for providing to consumers information relating to pedestrian, bicyclist, or other vul- nerable road user safety technologies, in ac- cordance with subsection (a). (2) INCLUSIONS.—The notice under paragraph (1) shall include— (A) an appropriate methodology for— (i) determining which technologies shall be included in the information; (ii) developing performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles attempt to prevent and mitigate, to the best extent possible, pedestrian injury; (iii) determining a distinct rating involv- ing each technology to be included; and (iv) updating overall vehicle ratings to incorporate vulnerable road user safety technology ratings; and (B) such other information and analyses as the Secretary determines to be necessary to implement the rating of vulnerable road user safety technologies. (3) REPORT.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an information and rating system for vulner- able road user safety technologies, in accord- ance with subsection (a). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 112–141, div. C, title I, §§ 31305(b), 31306, July 6, 2012, 126 Stat. 765; Pub. L. 112–252, §§ 1, 2(a), Jan. 10, 2013, 126 Stat. 2406; Pub. L. 114–94, div. B, title XXIV, § 24322, Dec. 4, 2015, 129 Stat. 1713; Pub. L. 117–58, div. B, title IV, § 24213(b), Nov. 15, 2021, 135 Stat. 826.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32302(a) ...... 15:1941(c) (19th–60th words). Oct. 20, 1972, Pub. L. 92–513, § 201(c), (e), 86 Stat. 956. 15:1941(d) (1st–13th words). Oct. 20, 1972, Pub. L. 92–513, § 201(d), 86 Stat. 956; July 14, 1976, Pub. L. 94–364, § 201, 90 Stat. 981. 32302(b) ...... 15:1941(c) (1st–18th and 61st–last words), (d) (14th–last words). 32302(c) ...... 15:1941(e). In subsection (a), the words before clause (1) are sub- stituted for ‘‘The Secretary shall compile the informa- tion described in subsection (c) of this section’’ and ‘‘existing information and information to be developed relating to’’ for clarity and to eliminate unnecessary words. In subsection (b), the words ‘‘After the study has been completed’’ are omitted as executed. The words ‘‘To as- sist a consumer in buying a passenger motor vehicle’’ are substituted for ‘‘so as to be of benefit in their pas- senger motor vehicle purchasing decisions’’, and the words ‘‘the Secretary shall provide to the public’’ are substituted for ‘‘the Secretary is authorized and di- rected to devise specific ways in which . . . can be com- municated to consumers’’ and ‘‘furnish it to the pub- lic’’, to eliminate unnecessary words. The word ‘‘exist- ing’’ is omitted as obsolete. In subsection (c), the words ‘‘not later than February 1, 1975’’ are omitted as executed. The words ‘‘prescribe regulations’’ are substituted for ‘‘by rule establish’’ for consistency in the revised title and because ‘‘rule’’ is synonymous with ‘‘regulation’’. Editorial Notes REFERENCES IN TEXT The date of enactment of the Safety Through In- formed Consumers Act of 2015, referred to in subsec. (c), is the date of enactment of part II of subtitle C of title XXIV of div. B of Pub. L. 114–94, which was approved Dec. 4, 2015. The date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (d)(1), is the date of enactment of title I of div. C of Pub. L. 112–141, which was approved July 6, 2012. The date of enactment of this subsection, referred to in subsecs. (e)(1), (3) and (f)(1), (3), is the date of enact- ment of Pub. L. 117–58, which was approved Nov. 15, 2021. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 24213(b)(1), inserted ‘‘(referred to in this section as the ‘Secretary’)’’ after ‘‘of Transportation’’ in introductory provisions. Subsecs. (e), (f). Pub. L. 117–58, § 24213(b)(2), added sub- secs. (e) and (f). 2015—Subsec. (c). Pub. L. 114–94 added subsec. (c). Page 929 TITLE 49—TRANSPORTATION § 32303 2013—Subsec. (b). Pub. L. 112–252, § 2(a), inserted at end ‘‘The Secretary, after providing an opportunity for public comment, shall study and report to Congress the most useful data, format, and method for providing simple and understandable damage susceptibility infor- mation to consumers.’’ Subsec. (c). Pub. L. 112–252, § 1, struck out subsec. (c). Text read as follows: ‘‘The Secretary shall prescribe regulations that require passenger motor vehicle deal- ers to distribute to prospective buyers information the Secretary develops and provides to the dealers that compares insurance costs for different makes and mod- els of passenger motor vehicles based on damage sus- ceptibility and crashworthiness.’’ 2012—Subsec. (a)(2). Pub. L. 112–141, § 31305(b)(1), in- serted ‘‘, crash avoidance, and any other areas the Sec- retary determines will improve the safety of passenger motor vehicles’’ after ‘‘crashworthiness’’. Subsec. (a)(4). Pub. L. 112–141, § 31305(b)(2), struck out par. (4) which read as follows: ‘‘vehicle operating costs dependent on the characteristics referred to in clauses (1)–(3) of this subsection, including insurance informa- tion obtained under section 32303 of this title.’’ Subsec. (d). Pub. L. 112–141, § 31306, added subsec. (d). 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 Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. REGULATIONS Pub. L. 112–252, § 1, Jan. 10, 2013, 126 Stat. 2406, pro- vided in part that: ‘‘any regulations promulgated under such subsection [former subsec. (c) of this section] shall have no force or effect.’’ NEW CAR ASSESSMENT PROGRAM; UPDATES Pub. L. 117–58, div. B, title IV, § 24213(a), Nov. 15, 2021, 135 Stat. 826, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall finalize the pro- ceeding for which comments were requested in the no- tice entitled ‘New Car Assessment Program’ (80 Fed. Reg. 78522 (December 16, 2015)) to update the passenger motor vehicle information required under section 32302(a) of title 49, United States Code.’’ IMPROVED VEHICLE SAFETY DATABASES Pub. L. 117–58, div. B, title IV, § 24217, Nov. 15, 2021, 135 Stat. 830, provided that: ‘‘Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], after consultation with frequent users of publicly available databases, the Secretary [of Transportation] shall im- prove public accessibility to information relating to the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by re- vising the publicly accessible vehicle safety data- bases— ‘‘(1) to improve organization and functionality, in- cluding design features such as drop-down menus; ‘‘(2) to allow data from applicable publicly acces- sible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner that— ‘‘(A) is consistent with the public interest; and ‘‘(B) facilitates easy use by consumers; ‘‘(3) to provide greater consistency in presentation of vehicle safety issues; ‘‘(4) to improve searchability regarding specific ve- hicles and issues, which may include the standardiza- tion of commonly used search terms; and ‘‘(5) to ensure nonconfidential documents and mate- rials relating to information created or obtained by the National Highway Traffic Safety Administration are made publicly available in a manner that is— ‘‘(A) timely; and ‘‘(B) searchable in databases by any element that the Secretary determines to be in the public inter- est.’’ CONSUMER GUIDANCE Pub. L. 114–94, div. B, title XXIV, § 24103(d), Dec. 4, 2015, 129 Stat. 1703, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall make available to the public on the Internet detailed guidance for consumers sub- mitting safety complaints, including— ‘‘(1) a detailed explanation of what information a consumer should include in a complaint; and ‘‘(2) a detailed explanation of the possible actions the National Highway Traffic Safety Administration can take to address a complaint and respond to the consumer, including information on— ‘‘(A) the consumer records, such as photographs and police reports, that could assist with an inves- tigation; and ‘‘(B) the length of time a consumer should retain the records described in subparagraph (A).’’ DEADLINE FOR REPORT Pub. L. 112–252, § 2(b), Jan. 10, 2013, 126 Stat. 2406, pro- vided that: ‘‘The Secretary of Transportation shall carry out the last sentence of section 32302(b) of title 49, United States Code, as added by subsection (a), not later than the date that is 2 years after the date of the enactment of this Act [Jan. 10, 2013].’’ § 32303. Insurance information (a) GENERAL REPORTS AND INFORMATION RE- QUIREMENTS.—(1) In carrying out this chapter, the Secretary of Transportation may require an insurer, or a designated agent of the insurer, to make reports and provide the Secretary with in- formation. The reports and information may in- clude accident claim information by make, model, and model year of passenger motor vehi- cle about the kind and extent of— (A) physical damage and repair costs; and (B) personal injury. (2) In deciding which reports and information are to be provided under this subsection, the Secretary shall— (A) consider the cost of preparing and pro- viding the reports and information; (B) consider the extent to which the reports and information will contribute to carrying out this chapter; and (C) consult with State authorities and public and private agencies the Secretary considers appropriate. (3) To the extent possible, the Secretary shall obtain reports and information under this sub- section on a voluntary basis. (b) REQUESTED INFORMATION ON CRASH- WORTHINESS, DAMAGE SUSCEPTIBILITY, AND RE- PAIR AND PERSONAL INJURY COST.—When re- quested by the Secretary, an insurer shall give the Secretary information— (1) about the extent to which the insurance premiums charged by the insurer are affected by damage susceptibility, crashworthiness, and the cost of repair and personal injury, for each make and model of passenger motor vehi- cle; and (2) available to the insurer about the effect of damage susceptibility, crashworthiness, and the cost of repair and personal injury for each make and model of passenger motor vehicle on the risk incurred by the insurer in insuring that make and model. (c) DISCLOSURE.—In distributing information received under this section, the Secretary may