49 U.s.c. 30117

§ 30117

TITLE 49—TRANSPORTATION

tributor or dealer at the manufacturer’s or
distributor’s own expense, the part or equipment 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 reimburse the distributor or dealer for the reasonable 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 noncompliance or defect to the date the motor vehicle complies with applicable motor vehicle safety standards prescribed under this chapter or
the defect is corrected.
(c) ESTABLISHING AMOUNT DUE AND CIVIL ACTIONS.—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 comply with subsection (a) or (b) of this section, the
distributor or dealer purchasing the motor vehicle or motor vehicle equipment may bring a
civil action. The action may be brought in a
United States district court for the judicial district in which the manufacturer or distributor
resides, is found, or has an agent, to recover
damages, court costs, and a reasonable attorney’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
30116(a) ......
30116(b) ......
30116(c) ......

Source (U.S. Code)
15:1400(a) (less (2)
(last 97 words)).
15:1400(a)(2) (last 97
words).
15:1400(b), (c).

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§ 111, 80 Stat. 724.

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 manufacturer shall reimburse the distributor or dealer’’ are
substituted for ‘‘and for the installation involved the
manufacturer shall reimburse such distributor or dealer . . . Provided, however, That the distributor or dealer
proceeds with reasonable diligence with the installation after the required part, parts or equipment are received’’ 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 ‘‘complies with applicable motor vehicle safety standards
prescribed under this chapter or the defect is corrected’’ are substituted for ‘‘is brought into conformance with applicable Federal standards’’, to eliminate
unnecessary words and for consistency in the revised
title.

Page 758

In subsection (c), the words ‘‘the amount of reimbursement’’ are substituted for ‘‘such reasonable reimbursements’’ for clarity and because of the restatement. 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 subsection (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 ‘‘judicial’’ 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 commenced’’, to eliminate unnecessary words. The word
‘‘claim’’ is substituted for ‘‘cause of action’’ for consistency.

§ 30117. Providing information to, and maintaining 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 information related to performance and safety required
to carry out this chapter. The Secretary may require the manufacturer to give the following notice of that information when the Secretary decides 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 vehicle or equipment is offered for sale by a person
having a legal relationship with the manufacturer, in a way the Secretary decides is appropriate.
(2) to the first purchaser of a vehicle or
equipment other than for resale when the vehicle or equipment is bought, in printed matter placed in the vehicle or attached to or accompanying the equipment.
(b) MAINTAINING PURCHASER
CEDURES.—(1) A manufacturer

RECORDS AND PROof 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 produces and, to the extent prescribed by regulations of the Secretary, shall cause to be maintained a record of the name and address of the
first purchaser of replacement equipment (except a tire) that the manufacturer produces. The
Secretary may prescribe by regulation the
records to be maintained and reasonable procedures for maintaining the records under this
subsection, including procedures to be followed
by distributors and dealers to assist the manufacturer in obtaining the information required
by this subsection. A procedure shall be reasonable for the type of vehicle or tire involved, and
shall provide reasonable assurance that a customer list of a distributor or dealer, or similar
information, will be made available to a person
(except the distributor or dealer) only when necessary 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-

Page 759

§ 30117

TITLE 49—TRANSPORTATION

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 distributor or dealer to maintain a record under
paragraph (1) of this subsection only if the business of the distributor or dealer is owned or controlled by a manufacturer of tires.
(B) The Secretary shall require each distributor and dealer whose business is not owned
or controlled by a manufacturer of tires to give
a registration form (containing the tire identification 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 initiate 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 rulemaking carried out under subparagraph (A)
shall require a distributor or dealer of tires
that is not owned or controlled by a manufacturer 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 regulation 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 subsection, the Secretary shall—
(A) develop a dynamic test on rollovers by
motor vehicles for the purposes of a consumer information program; and
(B) carry out a program of conducting such
tests.
(2) TEST RESULTS.—As the Secretary develops a test under paragraph (1)(A), the Secretary shall conduct a rulemaking to determine how best to disseminate test results to
the public.
(3) MOTOR VEHICLES COVERED.—This subsection applies to motor vehicles, including
passenger cars, multipurpose passenger vehicles, and trucks, with a gross vehicle weight
rating of 10,000 pounds or less. A motor vehicle
designed to provide temporary residential accommodations 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.)

HISTORICAL AND REVISION NOTES
Revised
Section
30117(a) ......

Source (U.S. Code)
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(d)).

15:1401(d).

30117(b) ......

15:1397(a)(1)(D) (related to
15:1418(b)).
15:1418(b)(1).

15:1418(b)(2), (3).

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§ 108(a)(1)(B) (related to
§ 112(d)), (D) (related to
§ 158(b)), (E) (related to
§ 112(d)), 80 Stat. 722; Oct.
27, 1974, Pub. L. 93–492,
§ 103(a)(1)(A), (2), (3), 88
Stat. 1477, 1478.
Sept. 9, 1966, Pub. L. 89–563,
§ 112(d), 80 Stat. 725; May
22, 1970, Pub. L. 91–265, § 3,
84 Stat. 262.

Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 158(b)(1);
added Oct. 27, 1974, Pub. L.
93–492, § 102(a), 88 Stat.
1476; Nov. 6, 1978, Pub. L.
95–599, § 317, 92 Stat. 2752;
Oct. 15, 1982, Pub. L.
97–331, § 4(a)(1), 96 Stat.
1619.
Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 158(b)(2), (3);
added Oct. 15, 1982, Pub. L.
97–331, § 4(a)(2), 96 Stat.
1620.

In this section, the text of 15:1397(a)(1)(B) (related to
15:1401(d)), (D) (related to 15:1418(b)), and (E) (related to
15:1401(d)) is omitted as surplus.
In subsection (a), before clause (1), the words ‘‘such
performance data and other’’, ‘‘as may be’’, ‘‘the purposes of’’, ‘‘performance and technical’’, and ‘‘to carry
out the purposes of this chapter’’ the 2d time they appear are omitted as surplus. In clause (1), the words
‘‘such manufacturer’s’’ and ‘‘which may include, but is
not limited to, printed matter (A) available for retention by such prospective purchaser and (B) sent by mail
to such prospective purchaser upon his request’’ are
omitted as surplus. The words ‘‘legal relationship’’ are
substituted for ‘‘contractual, proprietary, or other
legal relationship’’ to eliminate unnecessary words.
In subsection (b)(1), the word ‘‘cause to be maintained’’ is substituted for ‘‘cause the establishment and
maintenance of’’ to eliminate unnecessary words. The
words ‘‘prescribe by regulation’’ are substituted for ‘‘by
rule, specify’’ for consistency and because ‘‘rule’’ and
‘‘regulation’’ are synonymous. The words ‘‘under this
subsection’’ are added for clarity. The word ‘‘involved’’
is substituted for ‘‘for which they are prescribed’’ to
eliminate unnecessary words. The words ‘‘the purpose
of’’ and ‘‘except that . . . or not’’ are omitted as surplus. The words ‘‘from a distributor or dealer’’ are
added for clarity.
In subsection (b)(3)(A), before clause (i), the words
‘‘At the end of the two-year period following the effective date of this paragraph’’ are omitted as expired. In
clause (iii), the words ‘‘(or any combination of such
groups)’’ are omitted as unnecessary.
In subsection (b)(3)(B), before clause (i), the words
‘‘may prescribe a requirement’’ are substituted for
‘‘may order by rule the imposition of requirements’’ for
consistency and to eliminate unnecessary words.
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this subsection, referred
to in subsec. (c)(1), is the date of enactment of Pub. L.
106–414, which was approved Nov. 1, 2000.
AMENDMENTS
2015—Subsec. (b)(3). Pub. L. 114–94 amended par. (3)
generally. Prior to amendment, par. (3) related to requirement for Secretary to evaluate record maintenance procedures under par. (2) and submit reports to
Congress.
2000—Subsec. (c). Pub. L. 106–414 added subsec. (c).

§ 30118

TITLE 49—TRANSPORTATION

Statutory Notes and Related Subsidiaries
RETENTION OF SAFETY RECORDS BY MANUFACTURERS
Pub. L. 114–94, div. B, title XXIV, § 24403, Dec. 4, 2015,
129 Stat. 1720, provided that:
‘‘(a) RULE.—Not later than 18 months after the date
of enactment of this Act [Dec. 4, 2015], the Secretary of
Transportation shall issue a final rule pursuant to section 30117 of title 49, United States Code, requiring each
manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records required to be maintained by manufacturers under section 576.6 of title 49, Code of Federal Regulations, for a
period of not less than 10 calendar years from the date
on which they were generated or acquired by the manufacturer.
‘‘(b) APPLICATION.—The rule required by subsection
(a) shall apply with respect to any record described in
such subsection that is in the possession of a manufacturer on the effective date of such rule.’’
15-PASSENGER VAN SAFETY
Pub. L. 109–59, title X, § 10309(a), Aug. 10, 2005, 119
Stat. 1942, provided that:
‘‘(1) IN GENERAL.—The Secretary of Transportation
shall require the testing of 15-passenger vans as part of
the rollover resistance program of the National Highway Traffic Safety Administration’s new car assessment program.
‘‘(2) 15-PASSENGER VAN DEFINED.—In this subsection,
the term ‘15-passenger van’ means a vehicle that seats
10 to 14 passengers, not including the driver.’’

§ 30118. Notification of defects and noncompliance
(a) NOTIFICATION BY SECRETARY.—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) DEFECT AND NONCOMPLIANCE PROCEEDINGS
AND ORDERS.—(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

Page 760

(B) remedy the defect or noncompliance
under section 30120 of this title.
(c) NOTIFICATION BY MANUFACTURER.—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) EXEMPTIONS.—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) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.—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) REPORTS ON NOTIFICATION CAMPAIGNS.—
(1) IN GENERAL.—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) REQUIREMENTS.—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).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 950;
Pub. L. 106–346, § 101(a) [title III, § 364], Oct. 23,
2000, 114 Stat. 1356, 1356A–37; Pub. L. 106–414, § 2,