49 U.S.C. § 30116 — Defects and noncompliance found before

Page 768 TITLE 49—TRANSPORTATION § 30116 provided by an incomplete motor vehicle manu- facturer, the intermediate or final stage manu- facturer shall notify the incomplete motor vehi- cle manufacturer in writing within a reasonable time of affixing the certification label. A viola- tion of this subsection shall not be subject to a civil penalty under section 30165. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 106–414, § 9, Nov. 1, 2000, 114 Stat. 1805.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30115 .......... 15:1397(a)(1)(C), (E) (related to 15:1403). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(C), (E) (related to § 114), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (2)(B), 88 Stat. 1477, 1478. 15:1403. Sept. 9, 1966, Pub. L. 89–563, § 114, 80 Stat. 726. The words ‘‘fail to issue a certificate required by sec- tion 1403 of this title’’ in 15:1397(a)(1)(C) and the text of 15:1397(a)(1)(E) (related to 15:1403) are omitted as sur- plus. The word ‘‘certify’’ is substituted for ‘‘furnish . . . the certification’’ in 15:1403 to eliminate unnecessary words. The words ‘‘the time of’’ and ‘‘of such vehicle or equipment by such manufacturer or distributor’’ are omitted as surplus. The words ‘‘prescribed under this chapter’’ are added for clarity. The word ‘‘reasonable’’ is substituted for ‘‘due’’ in 15:1397(a)(1)(C) for consist- ency in the revised title. The words ‘‘to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards’’ are omitted because of the restatement. The words ‘‘shown by’’ are substituted for ‘‘in the form of’’ in 15:1403 for clarity. Editorial Notes AMENDMENTS 2000—Pub. L. 106–414 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries FOLLOW-UP REPORT Pub. L. 106–414, § 16, Nov. 1, 2000, 114 Stat. 1808, pro- vided that, by one year after Nov. 1, 2000, the Secretary of Transportation would report to Congress on the im- plementation of the 2000 amendments. § 30116. Defects and noncompliance found before sale to purchaser (a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS.—If, after a manufacturer or dis- tributor sells a motor vehicle or motor vehicle equipment to a distributor or dealer and before the distributor or dealer sells the vehicle or equipment, it is decided that the vehicle or equipment contains a defect related to motor vehicle safety or does not comply with applica- ble motor vehicle safety standards prescribed under this chapter— (1) the manufacturer or distributor imme- diately shall repurchase the vehicle or equip- ment at the price paid by the distributor or dealer, plus transportation charges and rea- sonable reimbursement of at least one percent a month of the price paid prorated from the date of notice of noncompliance or defect to the date of repurchase; or (2) if a vehicle, the manufacturer or dis- tributor immediately shall give to the dis- tributor or dealer at the manufacturer’s or distributor’s own expense, the part or equip- ment needed to make the vehicle comply with the standards or correct the defect. (b) DISTRIBUTOR OR DEALER INSTALLATION.— The distributor or dealer shall install the part or equipment referred to in subsection (a)(2) of this section. If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the manufacturer shall reim- burse the distributor or dealer for the reason- able value of the installation and a reasonable reimbursement of at least one percent a month of the manufacturer’s or distributor’s selling price prorated from the date of notice of non- compliance or defect to the date the motor vehi- cle complies with applicable motor vehicle safe- ty standards prescribed under this chapter or the defect is corrected. (c) ESTABLISHING AMOUNT DUE AND CIVIL AC- TIONS.—The parties shall establish the value of installation and the amount of reimbursement under this section. If the parties do not agree, or if a manufacturer or distributor refuses to com- ply with subsection (a) or (b) of this section, the distributor or dealer purchasing the motor vehi- cle or motor vehicle equipment may bring a civil action. The action may be brought in a United States district court for the judicial dis- trict in which the manufacturer or distributor resides, is found, or has an agent, to recover damages, court costs, and a reasonable attor- ney’s fee. An action under this section must be brought not later than 3 years after the claim accrues. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30116(a) ...... 15:1400(a) (less (2) (last 97 words)). Sept. 9, 1966, Pub. L. 89–563, § 111, 80 Stat. 724. 30116(b) ...... 15:1400(a)(2) (last 97 words). 30116(c) ...... 15:1400(b), (c). In subsection (a)(1), the words ‘‘as the case may be’’, ‘‘from such distributor or dealer’’, ‘‘all . . . involved’’, and ‘‘by the manufacturer or distributor’’ are omitted as surplus. In subsection (a)(2), the words ‘‘manufacturer’s or distributor’s’’ are substituted for ‘‘his’’ for clarity. The words ‘‘or parts’’ are omitted because of 1:1. The words ‘‘the vehicle comply with the standards or correct the defect’’ are substituted for ‘‘conforming’’ for clarity. In subsection (b), the words ‘‘the part or equipment referred to in subsection (a)(2) of this section’’ are added because of the restatement. The words ‘‘If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the man- ufacturer shall reimburse the distributor or dealer’’ are substituted for ‘‘and for the installation involved the manufacturer shall reimburse such distributor or deal- er . . . Provided, however, That the distributor or dealer proceeds with reasonable diligence with the installa- tion after the required part, parts or equipment are re- ceived’’ to eliminate unnecessary words. The words ‘‘on or in such vehicle’’ are omitted as surplus. The words ‘‘notice of noncompliance or defect’’ are substituted for ‘‘notice of such nonconformance’’, and the words ‘‘com- plies with applicable motor vehicle safety standards prescribed under this chapter or the defect is cor- rected’’ are substituted for ‘‘is brought into conform- ance with applicable Federal standards’’, to eliminate unnecessary words and for consistency in the revised title. Page 769 TITLE 49—TRANSPORTATION § 30117 In subsection (c), the words ‘‘the amount of reim- bursement’’ are substituted for ‘‘such reasonable reim- bursements’’ for clarity and because of the restate- ment. The words ‘‘by mutual agreement’’ are omitted as surplus. The words ‘‘If the parties do not agree’’ are substituted for ‘‘or failing such agreement’’, and the words ‘‘by the court pursuant to the provisions of sub- section (b) of this section’’ are omitted, because of the restatement. The words ‘‘the requirements of’’, ‘‘then’’, ‘‘as the case may be’’, and ‘‘without respect to the amount in controversy’’ are omitted as surplus. The words ‘‘civil action’’ are substituted for ‘‘suit’’ because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘against such manufacturer or distributor’’ are omitted as surplus. The word ‘‘judi- cial’’ is added for consistency. The words ‘‘to recover damages, court costs, and a reasonable attorney’s fee’’ are substituted for ‘‘and shall recover the damage by him sustained, as well as all court costs plus reasonable attorneys’ fees’’, and the words ‘‘must be brought’’ are substituted for ‘‘shall be forever barred unless com- menced’’, to eliminate unnecessary words. The word ‘‘claim’’ is substituted for ‘‘cause of action’’ for con- sistency. § 30117. Providing information to, and maintain- ing records on, purchasers (a) PROVIDING INFORMATION AND NOTICE.—The Secretary of Transportation may require that each manufacturer of a motor vehicle or motor vehicle equipment provide technical informa- tion related to performance and safety required to carry out this chapter. The Secretary may re- quire the manufacturer to give the following no- tice of that information when the Secretary de- cides it is necessary: (1) to each prospective purchaser of a vehicle or equipment before the first sale other than for resale at each location at which the vehi- cle or equipment is offered for sale by a person having a legal relationship with the manufac- turer, in a way the Secretary decides is appro- priate. (2) to the first purchaser of a vehicle or equipment other than for resale when the ve- hicle or equipment is bought, in printed mat- ter placed in the vehicle or attached to or ac- companying the equipment. (b) MAINTAINING PURCHASER RECORDS AND PRO- CEDURES.—(1) A manufacturer of a motor vehicle or tire (except a retreaded tire) shall cause to be maintained a record of the name and address of the first purchaser of each vehicle or tire it pro- duces and, to the extent prescribed by regula- tions of the Secretary, shall cause to be main- tained a record of the name and address of the first purchaser of replacement equipment (ex- cept a tire) that the manufacturer produces. The Secretary may prescribe by regulation the records to be maintained and reasonable proce- dures for maintaining the records under this subsection, including procedures to be followed by distributors and dealers to assist the manu- facturer in obtaining the information required by this subsection. A procedure shall be reason- able for the type of vehicle or tire involved, and shall provide reasonable assurance that a cus- tomer list of a distributor or dealer, or similar information, will be made available to a person (except the distributor or dealer) only when nec- essary to carry out this subsection and sections 30118–30121, 30166(f), and 30167(a) and (b) of this title. Availability of assistance from a dis- tributor or dealer does not affect an obligation of a manufacturer under this subsection. (2)(A) Except as provided in paragraph (3) of this subsection, the Secretary may require a dis- tributor or dealer to maintain a record under paragraph (1) of this subsection only if the busi- ness of the distributor or dealer is owned or con- trolled by a manufacturer of tires. (B) The Secretary shall require each dis- tributor and dealer whose business is not owned or controlled by a manufacturer of tires to give a registration form (containing the tire identi- fication number) to the first purchaser of a tire. The Secretary shall prescribe the form, which shall be standardized for all tires and designed to allow the purchaser to complete and return it directly to the manufacturer of the tire. The manufacturer shall give sufficient copies of forms to distributors and dealers. (3) RULEMAKING.— (A) IN GENERAL.—The Secretary shall ini- tiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of— (i) the name and address of tire purchasers and lessors; (ii) information identifying the tire that was purchased or leased; and (iii) any additional records the Secretary considers appropriate. (B) ELECTRONIC TRANSMISSION.—The rule- making carried out under subparagraph (A) shall require a distributor or dealer of tires that is not owned or controlled by a manufac- turer of tires to electronically transmit the records described in clauses (i), (ii), and (iii) of subparagraph (A) to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors. (C) SATISFACTION OF REQUIREMENTS.—A regu- lation promulgated under subparagraph (A) may be considered to satisfy the requirements of paragraph (2)(B). (c) ROLLOVER TESTS.— (1) DEVELOPMENT.—Not later than 2 years from the date of the enactment of this sub- section, the Secretary shall— (A) develop a dynamic test on rollovers by motor vehicles for the purposes of a con- sumer information program; and (B) carry out a program of conducting such tests. (2) TEST RESULTS.—As the Secretary devel- ops a test under paragraph (1)(A), the Sec- retary shall conduct a rulemaking to deter- mine how best to disseminate test results to the public. (3) MOTOR VEHICLES COVERED.—This sub- section applies to motor vehicles, including passenger cars, multipurpose passenger vehi- cles, and trucks, with a gross vehicle weight rating of 10,000 pounds or less. A motor vehicle designed to provide temporary residential ac- commodations is not covered. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 948; Pub. L. 106–414, § 12, Nov. 1, 2000, 114 Stat. 1806; Pub. L. 114–94, div. B, title XXIV, § 24333, Dec. 4, 2015, 129 Stat. 1715.)