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

Page 774 TITLE 49—TRANSPORTATION § 30120 Subsec. (d)(3). Pub. L. 112–141, § 31310(a)(3), struck out first sentence which read ‘‘Notification required under section 30118 of this title about a tire shall be sent by first class mail (or, if the manufacturer prefers, by cer- tified mail) to the most recent purchaser known to the manufacturer.’’ and inserted ‘‘to the notification re- quired under paragraphs (1) and (2)’’ after ‘‘addition’’ and ‘‘by the manufacturer’’ after ‘‘given’’ in introduc- tory provisions. Subsec. (d)(4). Pub. L. 112–141, § 31310(a)(4), substituted ‘‘in the manner prescribed by the Secretary, by regula- tion’’ for ‘‘by certified mail or quicker means if avail- able’’. Subsec. (e). Pub. L. 112–141, § 31310(b), substituted ‘‘Additional’’ for ‘‘Second’’ in subsec. heading, des- ignated existing provisions as par. (1), inserted par. heading, and added par. (2). 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. IMPROVEMENTS IN AVAILABILITY OF RECALL INFORMATION Pub. L. 114–94, div. B, title XXIV, § 24103(a), Dec. 4, 2015, 129 Stat. 1702, provided that: ‘‘Not later than 2 years after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall implement current informa- tion technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the Federal website is readily accessible and easy to use, includ- ing— ‘‘(1) by improving the organization, availability, readability, and functionality of the website; ‘‘(2) by accommodating high-traffic volume; and ‘‘(3) by establishing best practices for scheduling routine website maintenance.’’ NOTIFICATION IMPROVEMENT Pub. L. 114–94, div. B, title XXIV, § 24104(a), Dec. 4, 2015, 129 Stat. 1703, provided that: ‘‘(1) IN GENERAL.—Not later than 270 days after the date of enactment of this Act [Dec. 4, 2015], the Sec- retary shall prescribe a final rule revising the regula- tions under section 577.7 of title 49, Code of Federal Regulations, to include notification by electronic means in addition to notification by first class mail. ‘‘(2) DEFINITION OF ELECTRONIC MEANS.—In this sub- section, the term ‘electronic means’ includes electronic mail and may include such other means of electronic notification, such as social media or targeted online campaigns, as determined by the Secretary.’’ PILOT GRANT PROGRAM FOR STATE NOTIFICATION TO CONSUMERS OF MOTOR VEHICLE RECALL STATUS Pub. L. 114–94, div. B, title XXIV, § 24105, Dec. 4, 2015, 129 Stat. 1704, provided that: ‘‘(a) IN GENERAL.—Not later than October 1, 2016, the Secretary shall implement a 2-year pilot program to evaluate the feasibility and effectiveness of a State process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the State. ‘‘(b) GRANTS.—To carry out this program, the Sec- retary may make a grant to each eligible State, but not more than 6 eligible States in total, that agrees to comply with the requirements under subsection (c). Funds made available to a State under this section shall be used by the State for the pilot program de- scribed in subsection (a). ‘‘(c) ELIGIBILITY.—To be eligible for a grant, a State shall— ‘‘(1) submit an application in such form and manner as the Secretary prescribes; ‘‘(2) agree to notify, at the time of registration, each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that vehicle; ‘‘(3) provide the open motor vehicle recall informa- tion at no cost to each owner or lessee of a motor ve- hicle presented for registration in the State; and ‘‘(4) provide such other information as the Sec- retary may require. ‘‘(d) AWARDS.—In selecting an applicant for an award under this section, the Secretary shall consider the State’s methodology for determining open recalls on a motor vehicle, for informing consumers of the open re- calls, and for determining performance. ‘‘(e) PERFORMANCE PERIOD.—Each grant awarded under this section shall require a 2-year performance period. ‘‘(f) REPORT.—Not later than 90 days after the com- pletion of the performance period under subsection (e), a grantee shall provide to the Secretary a report of per- formance containing such information as the Secretary considers necessary to evaluate the extent to which open recalls have been remedied. ‘‘(g) EVALUATION.—Not later than 180 days after the completion of the pilot program, the Secretary shall evaluate the extent to which open recalls identified have been remedied. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) CONSUMER.—The term ‘consumer’ includes owner and lessee. ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehicle’ has the meaning given the term under section 30102(a) of title 49, United States Code. ‘‘(3) OPEN RECALL.—The term ‘open recall’ means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United States Code, and that has not been remedied under section 30120 of that title. ‘‘(4) REGISTRATION.—The term ‘registration’ means the process for registering motor vehicles in the State. ‘‘(5) STATE.—The term ‘State’ has the meaning given the term under section 101(a) of title 23, United States Code.’’ TIRE RECALL DATABASE Pub. L. 114–94, div. B, title XXIV, § 24335, Dec. 4, 2015, 129 Stat. 1716, provided that: ‘‘(a) IN GENERAL.—The Secretary shall establish a publicly available and searchable electronic database of tire recall information that is reported to the Adminis- trator of the National Highway Traffic Safety Adminis- tration. ‘‘(b) TIRE IDENTIFICATION NUMBER.—The database es- tablished under subsection (a) shall be searchable by Tire Identification Number (TIN) and any other cri- teria that assists consumers in determining whether a tire is subject to a recall.’’ § 30120. Remedies for defects and noncompliance (a) WAYS TO REMEDY.—(1) Subject to sub- sections (f) and (g) of this section, when notifi- cation 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 pre- sented 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 iden- tical or reasonably equivalent vehicle; or (iii) by refunding the purchase price, less a reasonable allowance for depreciation. Page 775 TITLE 49—TRANSPORTATION § 30120 1 See 2015 Amendment note below. (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 pre- scribe 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; or (B) if the manufacturer decides to replace the tire, the day the owner or purchaser re- ceives notification that a replacement is available. (2) If the manufacturer 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 re- placement will be available during the subse- quent period. If tires are available during the subsequent period, only a tire presented for rem- edy during that period must be remedied. (c) ADEQUACY OF REPAIRS.—(1) If a manufac- turer decides to repair a defective or noncom- plying motor vehicle or replacement equipment and the repair is not done adequately within a reasonable time, the manufacturer shall— (A) replace the vehicle or equipment without charge with an identical or reasonably equiva- lent 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 or re- placement equipment adequately not later than 60 days after its presentation is prima facie evi- dence of failure to repair within a reasonable time. However, the Secretary may extend, by order, the 60-day period if good cause for an ex- tension is shown and the reason is published in the Federal Register before the period ends. Presentation of a vehicle or equipment for re- pair before the date specified by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of this title is not a presentation under this sub- section. (3) If the Secretary determines that a manu- facturer’s remedy program is not likely to be ca- pable of completion within a reasonable time, the Secretary may require the manufacturer 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 acceler- ated; 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 PRO- GRAM.—A manufacturer shall file with the Sec- retary a copy of the manufacturer’s program under this section for remedying a defect or noncompliance. The Secretary shall make the program available to the public and publish a notice of availability in the Federal Register. A manufacturer’s remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reason- able time in advance of the manufacturer’s noti- fication under subsection (b) or (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 shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the con- trol of the manufacturer, the disposal of re- placed tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy cam- paigns. (e) HEARINGS ABOUT MEETING REMEDY RE- QUIREMENTS.—On the motion of the Secretary or on application by any interested person, the Secretary may conduct a hearing to decide whether the manufacturer has reasonably met the remedy requirements under this section. Any interested person may make written and oral presentations of information, views, and ar- guments on whether the manufacturer has rea- sonably met the remedy requirements. If the Secretary decides a manufacturer has not rea- sonably met the remedy requirements, the Sec- retary shall order the manufacturer 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 1 shall pay fair reimbursement to a dealer providing a remedy without charge under this section if— (A) at the time of providing service for each of the manufacturer’s motor vehicles it services, the dealer notifies the owner or the individual requesting the service of any open recall; and (B) the notification requirement under subparagraph (A) is specified in a franchise, operating, or other agreement between the dealer and the manufacturer. (2) DEFINITION OF OPEN RECALL.—In this sub- section, the term ‘‘open recall’’ means a recall for which a notification by a manufacturer has been provided under section 30119 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 or replacement equip- ment was bought by the first purchaser more Page 776 TITLE 49—TRANSPORTATION § 30120 than 15 calendar years, or the tire, including an original equipment tire, was bought by the first purchaser more than 5 calendar years, before no- tice is given under section 30118(c) of this title or an order is issued under section 30118(b) of this title, whichever is earlier. (2) This section does not apply during any pe- riod in which enforcement of an order under sec- tion 30118(b) of this title is restrained or the order is set aside in a civil action to which sec- tion 30121(d) of this title applies. (h) 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. (i) LIMITATION ON SALE OR LEASE OF NEW VEHI- CLES OR EQUIPMENT, OR RENTAL.— (1) IN GENERAL.—If notification is required by an order under section 30118(b) of this title or is required under section 30118(c) of this title and the manufacturer has provided to a dealer (including retailers of motor vehicle equipment) notification about a new motor ve- hicle or new item of replacement equipment in the dealer’s possession at the time of notifica- tion 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 that contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safe- ty standard prescribed under this chapter, the dealer or rental company may sell, lease, or rent the motor vehicle or item of replacement equipment only if— (A) the defect or noncompliance is rem- edied as required by this section before de- livery under the sale, lease, or rental agree- ment; or (B) when the notification is required by an order under section 30118(b) of this title, en- forcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies. (2) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the ve- hicle or equipment for sale, lease, or rent. (3) SPECIFIC RULES FOR RENTAL COMPANIES.— (A) IN GENERAL.—Except as otherwise pro- vided under this paragraph, a rental com- pany shall comply with the limitations on sale, lease, or rental set forth in subpara- graph (C) and paragraph (1) as soon as prac- ticable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (includ- ing the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. (B) SPECIAL RULE FOR LARGE VEHICLE FLEETS.—Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehi- cles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehi- cle) by the rental company, whether by elec- tronic means or first class mail. (C) SPECIAL RULE FOR WHEN REMEDIES NOT IMMEDIATELY AVAILABLE.—If a notification required under subsection (b) or (c) of sec- tion 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to tempo- rarily alter the vehicle that eliminate the safety risk posed by the defect or noncompli- ance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehi- cle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as pro- vided in subsection (a). (D) INAPPLICABILITY TO JUNK AUTO- MOBILES.—Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehi- cle if such vehicle— (i) meets the definition of a junk auto- mobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501); (ii) is retitled as a junk automobile pur- suant to applicable State law; and (iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504). (j) PROHIBITION ON SALES OF REPLACEMENT EQUIPMENT.—No person may sell or lease any motor vehicle equipment (including a tire), for installation on a motor vehicle, that is the sub- ject of a decision under section 30118(b) or a no- tice required under section 30118(c) in a condi- tion that it may be reasonably used for its origi- nal purpose unless— (1) the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or (2) notification of the defect or noncompli- ance is required under section 30118(b) but en- forcement of the order is set aside in a civil action to which section 30121(d) applies. (k) RECALL COMPLETION RATES.— (1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administra- tion shall publish an annual list of recall com- pletion rates for each recall campaign for which 8 quarterly reports have been submitted under subsection (f) of section 30118 as of the date of publication of the list. (2) REQUIREMENTS.—The annual list under paragraph (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 Page 777 TITLE 49—TRANSPORTATION § 30120 (B) for each manufacturer submitting an applicable quarterly report under section 30118(f)— (i) the total number of recalls issued by the manufacturer during the year covered by the list; (ii) the estimated number of vehicles of the manufacturer subject to recall during the year covered by the list; and (iii) the percentage of vehicles that have been remedied. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 952; Pub. L. 105–178, title VII, § 7106(a), June 9, 1998, 112 Stat. 467; Pub. L. 106–414, §§ 4, 6–8, Nov. 1, 2000, 114 Stat. 1803–1805; Pub. L. 112–141, div. C, title I, § 31311, July 6, 2012, 126 Stat. 771; Pub. L. 114–94, div. B, title XXIV, §§ 24107, 24108, 24109(c), 24402, Dec. 4, 2015, 129 Stat. 1705, 1706, 1720; Pub. L. 117–58, div. B, title IV, § 24202(b), Nov. 15, 2021, 135 Stat. 819.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30120(a) ...... 15:1397(a)(1)(D) (re- lated to 15:1414(a)(1) (1st sentence), (2)). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to §§ 154(a), (b)(1), (2) (1st sen- tence), (c), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478. 15:1414(a)(1) (1st sen- tence), (2). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 154(a), (b)(1), (2) (1st sentence), (c), 156 (related to rem- edy), 157 (related to rem- edy); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1472, 1474, 1475. 30120(b) ...... 15:1397(a)(1)(D) (re- lated to 15:1414(a)(5)). 15:1414(a)(5). 30120(c) ...... 15:1397(a)(1)(D) (re- lated to 15:1414(b)(1), (2) (1st sentence)). 15:1414(b)(1), (2) (1st sentence). 30120(d) ...... 15:1397(a)(1)(D) (re- lated to 15:1414(c)). 15:1414(c). 30120(e) ...... 15:1397(a)(1)(D) (re- lated to 15:1416). 15:1416 (related to remedy). 30120(f) ....... 15:1397(a)(1)(D) (re- lated to 15:1414(a)(3)). 15:1414(a)(3). 30120(g)(1) .. 15:1397(a)(1)(D) (re- lated to 15:1414(a)(4)). 15:1414(a)(4). 30120(g)(2) .. 15:1397(a)(1)(D) (re- lated to 15:1414(a)(1) (last sentence)). 15:1414(a)(1) (last sentence). 30120(h) ...... 15:1397(a)(1)(D) (re- lated to 15:1417). 15:1417 (related to remedy). 30120(i) ....... 15:1414(d). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 154(d); added Dec. 18, 1991, Pub. L. 102–240, § 2504(b), 105 Stat. 2083. In this section, the text of 15:1397(a)(1)(D) (related to 15:1414(a), (b)(1), (2) (1st sentence), and (c), and 1416) is omitted as surplus. In subsection (a)(1), before clause (A), the words ‘‘Subject to subsections (f) and (g) of this section’’ are added for clarity. The words ‘‘with an applicable Fed- eral motor vehicle safety standard . . . which relates to motor vehicle safety’’ and ‘‘pursuant to such notifica- tion’’ are omitted as surplus. The words ‘‘shall remedy’’ are substituted for ‘‘shall cause such defect or failure to comply in such motor vehicle or such item of re- placement equipment to be remedied’’ to eliminate un- necessary words. The words ‘‘the defect or noncompli- ance’’ are added for clarity. In clauses (A) and (B), the words ‘‘without charge’’ are omitted as unnecessary be- cause of the words ‘‘without charge’’ in this subsection before this clause (A). In clause (A), the words ‘‘pre- sented for remedy pursuant to such notification’’ and ‘‘of such motor vehicle in full’’ are omitted as surplus. Subsection (a)(2) is substituted for 15:1414(a)(2)(A) (last sentence) for clarity. In subsection (b)(1), before clause (A), the words ‘‘shall remedy a defective or noncomplying tire if’’ are substituted for ‘‘shall not be obligated to remedy such tire if such tire is not’’ to eliminate unnecessary words and for consistency. The words ‘‘pursuant to notifica- tion’’ are omitted as surplus. In clause (B), the words ‘‘decides to replace the tire’’ are substituted for ‘‘elects replacement’’ for clarity. Subsection (b)(2) is substituted for 15:1414(a)(5)(B) to eliminate unnecessary words. In subsection (c)(1), the words before clause (A) are substituted for ‘‘Whenever a manufacturer has elected under subsection (a) of this section to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of re- placement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall’’ to eliminate unnec- essary words. In clause (A), the word ‘‘replace’’ is sub- stituted for ‘‘cause . . . to be replaced’’ for consistency. In clause (B), the word ‘‘refund’’ is substituted for ‘‘shall cause . . . to be refunded’’ for consistency. The words ‘‘in full’’ and ‘‘and if the manufacturer so elects)’’ are omitted as surplus. In subsection (c)(2), the word ‘‘presentation’’ is sub- stituted for ‘‘tender’’ for clarity. The words ‘‘for re- pair’’ are omitted as surplus. The last sentence is sub- stituted for 15:1414(b)(2) (1st sentence) because of the re- statement. 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. In subsection (f), the word ‘‘fair’’ is substituted for ‘‘fair and equitable’’ to eliminate unnecessary words. The words ‘‘for such remedy’’ are omitted as surplus. The words ‘‘providing a’’ are substituted for ‘‘who ef- fects’’ for consistency. In subsection (g)(2), the words ‘‘In the case of notifi- cation required by an order’’ are omitted as unneces- sary. The word ‘‘civil’’ is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In subsection (h), the words ‘‘any requirement under’’, ‘‘or to remedy’’, and ‘‘as it relates’’ are omitted as surplus. The words ‘‘The Secretary may take action under this subsection only’’ are added because of the restatement. Editorial Notes REFERENCES IN TEXT Sections 201 and 204 of the Anti-Car Theft Act of 1992, referred to in subsec. (i)(3)(D)(i), (iii), are sections 201 and 204 of Pub. L. 102–519, from which sections 30501 and 30504 of this title, respectively, are derived. AMENDMENTS 2021—Subsec. (k). Pub. L. 117–58 added subsec. (k). 2015—Subsec. (b)(1). Pub. L. 114–94, § 24108(1), sub- stituted ‘‘180 days’’ for ‘‘60 days’’ in introductory provi- sions. Subsec. (b)(2). Pub. L. 114–94, § 24108(2), substituted ‘‘180-day’’ for ‘‘60-day’’ in two places. Subsec. (f). Pub. L. 114–94, § 24107(1), which directed amendment of subsec. (f) by inserting ‘‘(1) IN GENERAL. 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. 112–141, § 31311(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘if replacement equipment, by repairing the equipment or replacing the equipment with identical or reasonably equivalent equipment.’’ Subsec. (i). Pub. L. 112–141, § 31311(2), inserted ‘‘of New Vehicles or Equipment’’ after ‘‘Lease’’ in heading. Subsec. (j). Pub. L. 112–141, § 31311(3), which directed substitution of ‘‘REPLACEMENT’’ for ‘‘REPLACED’’ in heading, was executed by substituting ‘‘REPLACEMENT’’ for ‘‘REPLACED’’, to reflect the probable intent of Con- gress. 2000—Subsec. (c)(3). Pub. L. 106–414, § 6(a), added par. (3). Subsec. (d). Pub. L. 106–414, § 7, inserted at end ‘‘In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include in- formation about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.’’ Pub. L. 106–414, § 6(b), inserted at end ‘‘A manufactur- er’s remedy program shall include a plan for reimburs- ing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer’s notification under subsection (b) or (c) of section 30118. The Secretary may prescribe regula- tions establishing what constitutes a reasonable time for purposes of the preceding sentence and other rea- sonable conditions for the reimbursement plan.’’ Subsec. (g)(1). Pub. L. 106–414, § 4, substituted ‘‘10 cal- endar years’’ for ‘‘8 calendar years’’ and ‘‘5 calendar years’’ for ‘‘3 calendar years’’. Subsec. (j). Pub. L. 106–414, § 8, added subsec. (j). 1998—Subsec. (i)(1). Pub. L. 105–178 inserted ‘‘(includ- ing retailers of motor vehicle equipment)’’ after ‘‘pro- vided to a dealer’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by section 24109(c) of Pub. L. 114–94 effec- tive on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title. 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. § 30120A. Recall obligations and bankruptcy of a manufacturer A manufacturer’s filing of a petition in bank- ruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer’s duty to com- ply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturer’s obligations under such sec- tions shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwith- standing section 3713(a)(2), to ensure that con- sumers are adequately protected from any safe- ty defect or noncompliance determined to exist in the manufacturer’s products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy. (Added Pub. L. 112–141, div. C, title I, § 31312(a), July 6, 2012, 126 Stat. 772; amended Pub. L. 114–94, div. B, title XXIV, § 24106, Dec. 4, 2015, 129 Stat. 1705.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–94 substituted ‘‘chapter 7 or chapter 11 of title 11’’ for ‘‘chapter 11 of title 11,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 30121. Provisional notification and civil actions to enforce (a) PROVISIONAL NOTIFICATION.—(1) The Sec- retary of Transportation may order a manufac- turer to issue a provisional notification if a civil action about an order issued under section 30118(b) of this title has been brought under sec- tion 30163 of this title. The provisional notifica- tion shall contain— (A) a statement that the Secretary has de- cided 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;