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, proprietary, or other legal relationship’’ to eliminate unnecessary words. In subsection (b)(1), the word ‘‘cause to be main- tained’’ is substituted for ‘‘cause the establishment and maintenance of’’ to eliminate unnecessary words. The words ‘‘prescribe by regulation’’ are substituted for ‘‘by rule, specify’’ for consistency and because ‘‘rule’’ and ‘‘regulation’’ are synonymous. The words ‘‘under this subsection’’ are added for clarity. The word ‘‘involved’’ is substituted for ‘‘for which they are prescribed’’ to eliminate unnecessary words. The words ‘‘the purpose of’’ and ‘‘except that . . . or not’’ are omitted as sur- plus. The words ‘‘from a distributor or dealer’’ are added for clarity. In subsection (b)(3)(A), before clause (i), the words ‘‘At the end of the two-year period following the effec- tive date of this paragraph’’ are omitted as expired. In clause (iii), the words ‘‘(or any combination of such groups)’’ are omitted as unnecessary. In subsection (b)(3)(B), before clause (i), the words ‘‘may prescribe a requirement’’ are substituted for ‘‘may order by rule the imposition of requirements’’ for consistency and to eliminate unnecessary words. Editorial Notes REFERENCES IN TEXT The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000. AMENDMENTS 2015—Subsec. (b)(3). Pub. L. 114–94 amended par. (3) generally. Prior to amendment, par. (3) related to re- quirement for Secretary to evaluate record mainte- nance procedures under par. (2) and submit reports to Congress. 2000—Subsec. (c). Pub. L. 106–414 added subsec. (c). Statutory Notes and Related Subsidiaries RETENTION OF SAFETY RECORDS BY MANUFACTURERS Pub. L. 114–94, div. B, title XXIV, § 24403, Dec. 4, 2015, 129 Stat. 1720, provided that: ‘‘(a) RULE.—Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Transportation shall issue a final rule pursuant to sec- tion 30117 of title 49, United States Code, requiring each manufacturer of motor vehicles or motor vehicle equip- ment to retain all motor vehicle safety records re- quired to be maintained by manufacturers under sec- tion 576.6 of title 49, Code of Federal Regulations, for a period of not less than 10 calendar years from the date on which they were generated or acquired by the manu- facturer. ‘‘(b) APPLICATION.—The rule required by subsection (a) shall apply with respect to any record described in such subsection that is in the possession of a manufac- turer on the effective date of such rule.’’ 15-PASSENGER VAN SAFETY Pub. L. 109–59, title X, § 10309(a), Aug. 10, 2005, 119 Stat. 1942, provided that: ‘‘(1) IN GENERAL.—The Secretary of Transportation shall require the testing of 15-passenger vans as part of the rollover resistance program of the National High- way Traffic Safety Administration’s new car assess- ment program. ‘‘(2) 15-PASSENGER VAN DEFINED.—In this subsection, the term ‘15-passenger van’ means a vehicle that seats 10 to 14 passengers, not including the driver.’’ § 30118. Notification of defects and noncompli- ance (a) NOTIFICATION BY SECRETARY.—The Sec- retary of Transportation shall notify the manu- facturer of a motor vehicle or replacement equipment immediately after making an initial decision (through testing, inspection, investiga- tion, or research carried out under this chapter, examining communications under section 30166(f) of this title, or otherwise) that the vehi- cle or equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard pre- scribed under this chapter. The notification shall include the information on which the deci- sion is based. The Secretary shall publish a no- tice of each decision under this subsection in the Federal Register. Subject to section 30167(a) of this title, the notification and information are available to any interested person. (b) DEFECT AND NONCOMPLIANCE PROCEEDINGS AND ORDERS.—(1) The Secretary may make a final decision that a motor vehicle or replace- ment equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard pre- scribed under this chapter only after giving the manufacturer an opportunity to present infor- mation, 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 oppor- tunity to present information, views, and argu- ments. (2) If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains the defect or does not comply, the Sec- retary shall order the manufacturer to— (A) give notification under section 30119 of this title to the owners, purchasers, and deal- ers of the vehicle or equipment of the defect or noncompliance; and Page 771 TITLE 49—TRANSPORTATION § 30118 (B) remedy the defect or noncompliance under section 30120 of this title. (c) NOTIFICATION BY MANUFACTURER.—A manu- facturer of a motor vehicle or replacement equipment shall notify the Secretary by cer- tified mail or electronic mail, and the owners, purchasers, and dealers of the vehicle or equip- ment as provided in section 30119(d) of this sec- tion, if the manufacturer— (1) learns the vehicle or equipment contains a defect and decides in good faith that the de- fect 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 manufac- turer, the Secretary shall exempt the manufac- turer 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 RE- QUIREMENTS.—On the motion of the Secretary or on petition of any interested person, the Sec- retary may conduct a hearing to decide whether the manufacturer has reasonably met the notifi- cation requirements under this section. Any in- terested person may make written and oral pres- entations of information, views, and arguments on whether the manufacturer has reasonably met the notification requirements. If the Sec- retary decides that the manufacturer has not reasonably met the notification requirements, the Secretary shall order the manufacturer to take specified action to meet those require- ments and may take any other action author- ized 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, distribu- tors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Admin- istrator of the National Highway Traffic Safe- ty Administration— (A) by the applicable date described in sec- tion 573.7(d) of title 49, Code of Federal Reg- ulations (or a successor regulation), a quar- terly 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 pro- vided in this subsection, each report under this subsection shall comply with the require- ments of section 573.7 of title 49, Code of Fed- eral Regulations (or a successor regulation). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 950; Pub. L. 106–346, § 101(a) [title III, § 364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37; Pub. L. 106–414, § 2, Nov. 1, 2000, 114 Stat. 1800; Pub. L. 114–94, div. B, title XXIV, § 24104(b), Dec. 4, 2015, 129 Stat. 1703; Pub. L. 117–58, div. B, title IV, § 24202(a), Nov. 15, 2021, 135 Stat. 819.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30118(a) ...... 15:1397(a)(1)(D) (re- lated to 15:1412(a) (1st–3d sen- tences)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to §§ 151, 152, 153(c) (1st sen- tence cl. (6)), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478. 15:1412(a) (1st–3d sentences). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 151, 152, 156 (related to notice), 157 (re- lated to notice); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1470, 1475. 30118(b) ...... 15:1397(a)(1)(D) (re- lated to 15:1412(a) (last sentence), (b)). 15:1412(a) (last sen- tence), (b). 30118(c) ...... 15:1397(a)(1)(D) (re- lated to 15:1411, 1413(c) (1st sen- tence cl. (6))). 15:1411. 15:1413(c) (1st sen- tence cl. (6)). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 153(c) (1st sentence cl. (6)); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1472; Oct. 15, 1982, Pub. L. 97–331, § 4(b)(2), 96 Stat. 1620. 30118(d) ...... 15:1397(a)(1)(D) (re- lated to 15:1417). 15:1417 (related to notice). 30118(e) ...... 15:1397(a)(1)(D) (re- lated to 15:1416). 15:1416 (related to notice). In this section, the text of 15:1397(a)(1)(D) (related to 15:1411, 1412, 1413(c) (1st sentence cl. (6)), and 1417) is omitted as surplus. In subsection (a), the words ‘‘making an initial deci- sion’’ are substituted for ‘‘determines’’ to distinguish the decision from the decision made under subsection (b) of this section. The words ‘‘of such determination’’, ‘‘to the manufacturer’’, and ‘‘of the Secretary’’ are omitted as surplus. The words ‘‘under this subsection’’ are added for clarity. In subsection (b)(1), the words ‘‘may make a final de- cision’’ are substituted for ‘‘determines’’, and the words ‘‘prescribed under this chapter’’ are added, for clarity and consistency in this chapter. In subsection (b)(2), before clause (A), the words ‘‘If the Secretary decides under paragraph (1) of this sub- section that the vehicle or equipment contains a defect or does not comply’’ are added for clarity and because of the restatement. The words ‘‘after such presen- tations by the manufacturer and interested persons’’ are omitted as surplus. In clause (A), the words ‘‘of the defect or noncompliance’’ are added for clarity. In subsection (c), before clause (1), the words ‘‘A man- ufacturer of a motor vehicle or replacement equip- ment’’ are substituted for ‘‘manufactured by him’’ in 15:1411 for clarity. The words ‘‘shall notify’’ are sub- stituted for ‘‘he shall furnish notification to’’ to elimi- nate unnecessary words. The words ‘‘to the Secretary, if section 1411 of this title applies’’ in 15:1413(c) (1st sen- tence cl. (6)) are omitted because of the restatement. The words ‘‘of the vehicle or equipment’’ are added for clarity. The words ‘‘and he shall remedy the defect or failure to comply in accordance with section 1414 of this title’’ in 15:1411 are omitted as unnecessary be- cause of the source provisions restated in section 30120 of the revised title. In subsection (d), the words ‘‘any requirement under’’, ‘‘to give notice with respect to’’, and ‘‘as it re- Page 772 TITLE 49—TRANSPORTATION § 30119 lates’’ are omitted as surplus. The words ‘‘The Sec- retary may take action under this subsection only’’ are added because of the restatement. In subsection (e), the words ‘‘(including a manufac- turer)’’ are omitted as surplus. The word ‘‘information’’ is substituted for ‘‘data’’ for consistency in the revised title. Editorial Notes AMENDMENTS 2021—Subsec. (f). Pub. L. 117–58 added subsec. (f). 2015—Subsec. (c). Pub. L. 114–94 inserted ‘‘or elec- tronic mail’’ after ‘‘certified mail’’ in introductory pro- visions. 2000—Pub. L. 106–346, § 101(a) [title III, § 364], which di- rected amendment of this section in subsecs. (a), (b)(1), and (c), by inserting ‘‘, original equipment,’’ before ‘‘or replacement equipment’’ wherever appearing, and in subsec. (c), by redesignating pars. (1) and (2) as subpars. (A) and (B), respectively, and realigning margins, by substituting ‘‘(1) IN GENERAL.—A manufacturer’’ for ‘‘A manufacturer’’, and by adding a new par (2) relating to duty of manufacturers, was repealed by Pub. L. 106–414, § 2. See Construction of 2000 Amendment note below. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2000 AMENDMENT Pub. L. 106–414, § 2, Nov. 1, 2000, 114 Stat. 1800, pro- vided that: ‘‘The amendments made to section 30118 of title 49, United States Code, by section 364 of the De- partment of Transportation and Related Agencies Ap- propriations Act, 2001 [Pub. L. 106–346, § 101(a) [title III, § 364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37] are repealed and such section shall be effective as if such amending section had not been enacted.’’ § 30119. Notification procedures (a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer required under section 30118 of this title of a defect or noncompliance shall contain— (1) a clear description of the defect or non- compliance; (2) an evaluation of the risk to motor vehicle safety reasonably related to the defect or non- compliance; (3) the measures to be taken to obtain a remedy of the defect or noncompliance; (4) a statement that the manufacturer giv- ing notice will remedy the defect or non- compliance without charge under section 30120 of this title; (5) the earliest date on which the defect or noncompliance will be remedied without charge, and for tires, the period during which the defect or noncompliance will be remedied without charge under section 30120 of this title; (6) the procedure the recipient of a notice is to follow to inform the Secretary of Transpor- tation when a manufacturer, distributor, or dealer does not remedy the defect or non- compliance without charge under section 30120 of this title; and (7) other information the Secretary pre- scribes by regulation. (b) EARLIEST REMEDY DATE.—The date speci- fied by a manufacturer in a notification under subsection (a)(5) of this section or section 30121(c)(2) of this title is the earliest date that parts and facilities reasonably can be expected to be available to remedy the defect or non- compliance. The Secretary may disapprove the date. (c) TIME FOR NOTIFICATION.—Notification re- quired under section 30118 of this title shall be given within a reasonable time— (1) prescribed by the Secretary, after the manufacturer receives notice of a final deci- sion under section 30118(b) of this title; or (2) after the manufacturer first decides that a safety-related defect or noncompliance ex- ists under section 30118(c) of this title. (d) MEANS OF PROVIDING NOTIFICATION.—(1) No- tification required under section 30118 of this title about a motor vehicle shall be sent in the manner prescribed by the Secretary, by regula- tion— (A) to each person registered under State law as the owner and whose name and address are reasonably ascertainable by the manufac- turer through State records or other available sources; or (B) if a registered owner is not notified under clause (A) of this paragraph, to the most recent purchaser known to the manufacturer. (2) Notification required under section 30118 of this title about replacement equipment shall be sent in the manner prescribed by the Secretary, by regulation, to the most recent purchaser known to the manufacturer. (3) In addition to the notification required under paragraphs (1) and (2), if the Secretary de- cides that public notice is required for motor ve- hicle safety, public notice shall be given by the manufacturer in the way required by the Sec- retary after consulting with the manufacturer. In deciding whether public notice is required, the Secretary shall consider— (A) the magnitude of the risk to motor vehi- cle safety caused by the defect or noncompli- ance; and (B) the cost of public notice compared to the additional number of owners the notice may reach. (4) A dealer to whom a motor vehicle or re- placement equipment was delivered shall be no- tified in the manner prescribed by the Sec- retary, by regulation. (e) ADDITIONAL NOTIFICATION.— (1) SECOND NOTIFICATION.—If the Secretary decides that a notification sent by a manufac- turer under this section has not resulted in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may order the manu- facturer to send a 2d notification in the way the Secretary prescribes by regulation. (2) ADDITIONAL NOTIFICATIONS.—If the Sec- retary determines, after taking into account the severity of the defect or noncompliance, that the second notification by a manufac- turer does not result in an adequate number of motor vehicles or items of replacement equip- ment being returned for remedy, the Secretary may order the manufacturer— (A)(i) to send additional notifications in the manner prescribed by the Secretary, by regulation; or (ii) to take additional steps to locate and notify each person registered under State