§30121 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation can order a car maker to send a provisional notice to owners, buyers, and dealers if the maker sues in a U.S. district court over a safety order. That provisional notice must say the Secretary thinks a safety defect or noncompliance exists and that the maker is contesting it in court. It must explain why the Secretary decided that, describe the safety risk, list steps to reduce the risk, say the maker will fix the problem for free but only if the court outcome requires it, and include any other information the Secretary requires. Sending a provisional notice does not remove the maker’s responsibility for any required notice under the safety order. If a maker fails to notify owners, buyers, and dealers as required, the United States can seek a civil penalty unless the maker wins the court case or a court blocks enforcement because the maker showed its failure to notify was reasonable and it is likely to win. If the court blocks enforcement, the maker is not liable while the order is paused. A maker that fails to send the provisional notice can be fined even if it later wins. If the Secretary wins the case, the maker must tell owners, buyers, and dealers the result, state the earliest date free repairs will begin, and repay owners or buyers for reasonable repair costs paid during the time between when the provisional notice was required and when they got the outcome notice, up to the amount set in the provisional order. Lawsuits over such orders must start in the federal district where the maker is incorporated or in the District of Columbia; a court may move the case for good cause, and all cases about the same order must be combined in the district of the first-filed case.

Title 49, §30121

Transportation — Source: USLM XML via OLRC

(a)(1)The Secretary of Transportation may order a manufacturer to issue a provisional notification if a civil action about an order issued under section 30118(b) of this title has been brought under section 30163 of this title. The provisional notification shall contain—

(A)a statement that the Secretary has decided 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;

(D)measures the Secretary considers necessary to avoid an unreasonable risk to motor vehicle safety resulting from the defect or noncompliance;

(E)a statement that the manufacturer will remedy the defect or noncompliance without charge under section 30120 of this title, but that the requirement to remedy without charge is conditioned on the outcome of the civil action; and

(F)other information the Secretary prescribes by regulation or includes in the order requiring the notice.

(2)A notification under this subsection does not relieve a manufacturer of liability for not giving notification required by an order under section 30118(b) of this title.

(b)(1)A manufacturer that does not notify owners and purchasers under section 30119(c) and (d) of this title is liable to the United States Government for a civil penalty, unless the manufacturer prevails in a civil action referred to in subsection (a) of this section or the court in that action enjoins enforcement of the order. Enforcement may be enjoined only if the court decides that the failure to notify is reasonable and that the manufacturer has demonstrated the likelihood of prevailing on the merits. If enforcement is enjoined, the manufacturer is not liable during the time the order is stayed.

(2)A manufacturer that does not notify owners and purchasers as required under subsection (a) of this section is liable for a civil penalty regardless of whether the manufacturer prevails in an action on the validity of the order issued under section 30118(b) of this title.

(c)If the Secretary prevails in a civil action referred to in subsection (a) of this section, the Secretary shall order the manufacturer—

(1)to notify each owner, purchaser, and dealer described in section 30119(d) of this title of the outcome of the action and other information the Secretary requires, and notification under this clause may be combined with notification required under section 30118(b) of this title;

(2)to specify the earliest date under section 30119(b) of this title on which the defect or noncompliance will be remedied without charge under section 30120 of this title; and

(3)if notification was required under subsection (a) of this section, to reimburse an owner or purchaser for reasonable and necessary expenses (in an amount that is not more than the amount specified in the order of the Secretary under subsection (a)) incurred for repairing the defect or noncompliance during the period beginning on the date that notification was required to be issued and ending on the date the owner or purchaser receives the notification under this subsection.

(d)Notwithstanding section 30163(c) of this title, a civil action about an order issued under section 30118(b) of this title must be brought in the United States district court for a judicial district in the State in which the manufacturer is incorporated or the District of Columbia. On motion of a party, the court may transfer the action to another district court if good cause is shown. All actions related to the same order under section 30118(b) shall be consolidated in an action in one judicial district under an order of the court in which the first action was brought. If the first action is transferred to another court, that court shall issue the consolidation order.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30121(a)15:1397(a)(1)(D) (related to 15:1415(b)).Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to § 155), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478. 15:1415(b).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 155(b)–(d); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1474. 30121(b)15:1397(a)(1)(D) (related to 15:1415(c)). 15:1415(c). 30121(c)15:1397(a)(1)(D) (related to 15:1415(d)). 15:1415(d). 30121(d)15:1397(a)(1)(D) (related to 15:1415(a)). 15:1415(a).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 155(a); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1474; Nov. 8, 1984, Pub. L. 98–620, § 402(17), 98 Stat. 3358. In this section, the text of 15:1397(a)(1)(D) (related to 15:1415) is omitted as surplus. In subsection (a)(1), before clause (A), the words “and to which subsection (a) of this section applies” are omitted because of the restatement. In clause (A), the words “prescribed under this chapter” are substituted for “Federal”, and the words “civil action” are substituted for “proceeding”, for consistency. In clause (B), the words “that there is such a defect or failure” are omitted as surplus. In clause (D), the word “considers” is substituted for “which in the judgment of . . . are” to eliminate unnecessary words. In clause (E), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. The words “civil action” are substituted for “court proceeding” for consistency. In subsection (b)(1), the words “with respect to such failure to notify” are omitted as surplus. The word “enjoins” is substituted for “restrains” for consistency. The words “of such an order” and “for which the effectiveness of” are omitted as surplus. In subsection (b)(2), the words “by an order”, “or not”, and “(to which subsection (a) of the section applies)” are omitted as surplus. In subsection (c), before clause (1), the words “a civil action referred to in subsection (a) of this section” are substituted for “(i) a manufacturer fails within the period specified in section 1413(b) of this title to comply with an order under section 1412(b) of this title to afford notification to owners and purchasers, (ii) a civil action to which subsection (a) of this section applies is commenced with respect to such order, and (iii) . . . in such action” to eliminate unnecessary words. In clause (1), the word “action” is substituted for “proceeding” for consistency. The words “containing” and “by an order” are omitted as surplus. In clause (2), the words “under section 30119(b) of this title” are substituted for “(in accordance with the second and third sentences of section 1414(b) of this title)” for clarity. The words “under section 30120 of this title” are added for clarity. In clause (3), the words “which are . . . by such owner or purchaser”, “the purpose of”, and “to which the order relates” are omitted as surplus. In subsection (d), the words “Notwithstanding section 30163(c) of this title” are added for clarity. The words “An action under section 1399(a) of this title to restrain a violation of an order . . . or under section 1398 of this title to collect a civil penalty with respect to a violation of such an order” and “to which the order applies” are omitted as surplus. The words “may transfer the action” are substituted for “orders a change of venue” for consistency with 28:1404. The words “(including

Enforcement

actions)” are omitted as surplus. The words “that court shall issue the consolidation order” are substituted for “by order of such other court” for clarity.

§30121 Provisional notification and civil actions to enforce

Summary

Title 49, §30121

Notes & Related Subsidiaries

Historical and Revision Notes

Enforcement

Citations & Metadata