49 USC 30119 - Notification procedures

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30119(a)	15:1397(a)(1)(D) (related to 15:1413(a)).	Sept. 9, 1966, Puspan. L. 89–563, § 108(a)(1)(D) (related to §§ 153(a)–(c) (1st sentence cls. (1)–(5), last sentence), 154(span)(2) (2d, last sentences)), 80 Stat. 722; restated Oct. 27, 1974, Puspan. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478.
	15:1413(a).	Sept. 9, 1966, Puspan. L. 89–563, 80 Stat. 718, §§ 153(a), (span), 154(span)(2) (2d, last sentences); added Oct. 27, 1974, Puspan. L. 93–492, § 102(a), 88 Stat. 1471, 1473.
30119(span)	15:1397(a)(1)(D) (related to 15:1414(span)(2) (2d, last sentences)).
	15:1414(span)(2) (2d, last sentences).
30119(c)	15:1397(a)(1)(D) (related to 15:1413(span)).
	15:1413(span).
30119(d)	15:1397(a)(1)(D) (related to 15:1413(c) (1st sentence cls. (1)–(5), last sentence).
	15:1413(c) (1st sentence cls. (1)–(5), last sentence).	Sept. 9, 1966, Puspan. L. 89–563, 80 Stat. 718, § 153(c) (1st sentence cls. (1)–(5), last sentence); added Oct. 27, 1974, Puspan. L. 93–492, § 102(a), 88 Stat. 1471, 1472; Oct. 15, 1982, Puspan. L. 97–331, § 4(span), 96 Stat. 1620.
30119(e)	15:1413(d).	Sept. 9, 1966, Puspan. L. 89–563, 80 Stat. 718, § 153(d), (e); added Dec. 18, 1991, Puspan. L. 102–240, § 2504(a), 105 Stat. 2083.
30119(f)	15:1413(e).

In this section, the text of 15:1397(a)(1)(D) (related to 15:1413(a)–(c) (1st sentence cls. (1)–(5), last sentence), 1414(span)(2) (2d, last sentences), and 1416) is omitted as surplus.

In subsection (a), before clause (1), the words “a motor vehicle or item of replacement equipment” are omitted as surplus. The words “by a manufacturer” are added for clarity. In clause (3), the words “a statement of” are omitted as surplus. In clause (4), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. In clause (5), the words “(specified in accordance with the second and third sentences of section 1414(span)(2) of this title)” are omitted as surplus. In clause (6), the words “a description of” are omitted as surplus. The words “under section 30120 of this title” are added for consistency with the source provisions restated in this subsection. In clause (7), the words “in addition to such . . . as” are omitted as surplus.

In subsection (span), the words “in a notification under subsection (a)(5) of this section or section 30121(c) of this title” are substituted for “In either case” because of the restatement. The words “may disapprove” are substituted for “shall be subject to disapproval by” to eliminate unnecessary words.

In subsection (c)(1), the words “Secretary’s” and “that there is a defect or failure to comply” are omitted as surplus. The word “final” is added for clarity.

In subsection (c)(2), the words “decides that a safety-related defect or noncompliance exists” are substituted for “makes a determination with respect to a defect or failure to comply” for clarity.

In subsection (d), the text of 15:1413(c) (1st sentence words before cl. (1)) is incorporated into each paragraph as appropriate.

In subsection (d)(1)(A), the words “who is” and “of such vehicle” are omitted as surplus.

In subsection (d)(1)(B), the words “if a registered owner is not notified” are substituted for “unless the registered owner (if any) of such vehicle was notified” for clarity. The words “most recent purchaser” are substituted for “first purchaser (or if a more recent purchaser is” for clarity and to eliminate unnecessary words. The words “of each such vehicle containing such defect or failure to comply” are omitted as surplus.

In subsection (d)(3), the words “(or, if the manufacturer prefers, by certified mail)” are substituted for 15:1413(c) (last sentence) to eliminate unnecessary words.

In subsection (d)(4), the words “or dealers” are omitted because of 1:1. The words “of such manufacturer” are omitted as surplus.

In subsection (e), the word “replacement” is added for clarity and consistency with the source provisions being restated in subsection (d) of this section.

Editorial Notes

Amendments

2015—Subsec. (g). Puspan. L. 114–94 added subsec. (g).

2012—Subsec. (d)(1). Puspan. L. 112–141, § 31310(a)(1), substituted “in the manner prescribed by the Secretary, by regulation” for “by first class mail” in introductory provisions.

Subsec. (d)(2). Puspan. L. 112–141, § 31310(a)(2), substituted “shall be sent in the manner prescribed by the Secretary, by regulation,” for “(except a tire) shall be sent by first class mail” and struck out second sentence which read as follows: “In addition, if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given in the way required by the Secretary after consulting with the manufacturer.”

Subsec. (d)(3). Puspan. 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 certified mail) to the most recent purchaser known to the manufacturer.” and inserted “to the notification required under paragraphs (1) and (2)” after “addition” and “by the manufacturer” after “given” in introductory provisions.

Subsec. (d)(4). Puspan. L. 112–141, § 31310(a)(4), substituted “in the manner prescribed by the Secretary, by regulation” for “by certified mail or quicker means if available”.

Subsec. (e). Puspan. L. 112–141, § 31310(span), substituted “Additional” for “Second” in subsec. span, designated existing provisions as par. (1), inserted par. span, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Improvements in Availability of Recall Information

Puspan. 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 information technology, wespan 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, including—

“(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

Puspan. 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 Secretary shall prescribe a final rule revising the regulations 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 subsection, 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

Puspan. 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.

“(span)Grants.—To carry out this program, the Secretary 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 described 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 information at no cost to each owner or lessee of a motor vehicle presented for registration in the State; and

“(4) provide such other information as the Secretary 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 recalls, 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 completion of the performance period under subsection (e), a grantee shall provide to the Secretary a report of performance 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

Puspan. 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 Administrator of the National Highway Traffic Safety Administration.

“(span)Tire Identification Number.—The database established under subsection (a) shall be searchable by Tire Identification Number (TIN) and any other criteria that assists consumers in determining whether a tire is subject to a recall.”