§30118 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must tell a vehicle or replacement-equipment maker right away when testing, inspection, investigation, research, or review of certain communications shows a safety defect or that the item does not meet a safety rule. The notice must say what the Secretary relied on. The Secretary must also publish the decision in the Federal Register. The notice and the information are available to anyone interested, subject to section 30167(a). Before making a final finding, the Secretary must give the maker and any interested person a chance to present facts and arguments. If the final finding says there is a defect or noncompliance, the Secretary will order the maker to notify owners, purchasers, and dealers under section 30119 and to fix the problem under section 30120. A maker must notify the Secretary by certified mail or email, and must notify owners, purchasers, and dealers as in section 30119(d), if it learns of a safety defect or in good faith decides there is noncompliance. The Secretary can exempt a maker if the defect is inconsequential after Federal Register notice and comment. The Secretary or any interested person can ask for a hearing about whether a maker met the notification rules; the Secretary can order actions if the maker failed. Makers running notification campaigns must file quarterly reports for 8 consecutive quarters (starting when the campaign begins) by the date in 49 C.F.R. 573.7(d) (or its successor), and then annual reports for the next 3 years. Reports must follow the rules in 49 C.F.R. 573.7 (or its successor).

Title 49, §30118

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall notify the manufacturer of a motor vehicle or replacement equipment immediately after making an initial decision (through testing, inspection, investigation, or research carried out under this chapter, examining communications under section 30166(f) of this title, or otherwise) that the vehicle or equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under this chapter. The notification shall include the information on which the decision is based. The Secretary shall publish a notice 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)(1)The Secretary may make a final decision that a motor vehicle or replacement equipment contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard prescribed under this chapter only after giving the manufacturer an opportunity to present information, 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 opportunity to present information, views, and arguments.

(2)If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains the defect or does not comply, the Secretary shall order the manufacturer to—

(A)give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the defect or noncompliance; and

(B)remedy the defect or noncompliance under section 30120 of this title.

(c)A manufacturer of a motor vehicle or replacement equipment shall notify the Secretary by certified mail or electronic mail, and the owners, purchasers, and dealers of the vehicle or equipment as provided in section 30119(d) of this section, if the manufacturer—

(1)learns the vehicle or equipment contains a defect and decides in good faith that the defect 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)On application of a manufacturer, the Secretary shall exempt the manufacturer 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)On the motion of the Secretary or on petition of any interested person, the Secretary may conduct a hearing to decide whether the manufacturer has reasonably met the notification requirements under this section. Any interested person may make written and oral presentations of information, views, and arguments on whether the manufacturer has reasonably met the notification requirements. If the Secretary decides that the manufacturer has not reasonably met the notification requirements, the Secretary shall order the manufacturer to take specified action to meet those requirements and may take any other action authorized under this chapter.

(f)(1)Each manufacturer that is conducting a campaign under subsection (b) or (c) or any other provision of law (including regulations) to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration—

(A)by the applicable date described in section 573.7(d) of title 49, Code of Federal Regulations (or a successor regulation), a quarterly 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)Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of section 573.7 of title 49, Code of Federal Regulations (or a successor regulation).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30118(a)15:1397(a)(1)(D) (related to 15:1412(a) (1st–3d sentences)).Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(D) (related to §§ 151, 152, 153(c) (1st sentence 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 (related to notice); added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1470, 1475. 30118(b)15:1397(a)(1)(D) (related to 15:1412(a) (last sentence), (b)). 15:1412(a) (last sentence), (b). 30118(c)15:1397(a)(1)(D) (related to 15:1411, 1413(c) (1st sentence cl. (6))). 15:1411. 15:1413(c) (1st sentence 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) (related to 15:1417). 15:1417 (related to notice). 30118(e)15:1397(a)(1)(D) (related 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 decision” 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 decision” 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 subsection 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 presentations 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 manufacturer of a motor vehicle or replacement equipment” are substituted for “manufactured by him” in 15:1411 for clarity. The words “shall notify” are substituted for “he shall furnish notification to” to eliminate unnecessary words. The words “to the Secretary, if section 1411 of this title applies” in 15:1413(c) (1st sentence 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 because 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 relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement. In subsection (e), the words “(including a manufacturer)” 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 electronic mail” after “certified mail” in introductory provisions. 2000—Pub. L. 106–346, § 101(a) [title III, § 364], which directed 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, provided that: “The

Amendments

made to section 30118 of title 49, United States Code, by section 364 of the Department of Transportation and Related Agencies Appropriations 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.”

§30118 Notification of Defects and Noncompliance

Summary

Title 49, §30118

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Construction

Statutory Notes and Related Subsidiaries

Construction

Amendments

Citations & Metadata