
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-414 Section 12]
[CITE: 49USC30117]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                 SUBCHAPTER II--STANDARDS AND COMPLIANCE
 
Sec. 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 Records and Procedures.--(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 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 distributor 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)(A) The Secretary shall evaluate from time to time how successful 
the procedures under paragraph (2) of this subsection have been in 
helping to maintain records about first purchasers of tires. After each 
evaluation, the Secretary shall decide--
        (i) the extent to which distributors and dealers have complied 
    with the procedures;
        (ii) the extent to which distributors and dealers have 
    encouraged first purchasers of tires to register the tires; and
        (iii) whether to prescribe for manufacturers, distributors, or 
    dealers other requirements that the Secretary decides will increase 
    significantly the percentage of first purchasers of tires about whom 
    records are maintained.

    (B) The Secretary may prescribe a requirement under subparagraph (A) 
of this paragraph only if the Secretary decides it is necessary to 
reduce the risk to motor vehicle safety, after considering--
        (i) the cost of the requirement to manufacturers and the burden 
    of the requirement on distributors and dealers, compared to the 
    increase in the percentage of first purchasers of tires about whom 
    records would be maintained as a result of the requirement;
        (ii) the extent to which distributors and dealers have complied 
    with the procedures in paragraph (2) of this subsection; and
        (iii) the extent to which distributors and dealers have 
    encouraged first purchasers of tires to register the tires.

    (C) A manufacturer of tires shall reimburse distributors and dealers 
of that manufacturer's tires for all reasonable costs incurred by the 
distributors and dealers in complying with a requirement prescribed by 
the Secretary under subparagraph (A) of this paragraph.
    (D) After making a decision under subparagraph (A) of this 
paragraph, the Secretary shall submit to each House of Congress a report 
containing a detailed statement of the decision and an explanation of 
the reasons for the decision.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 948.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30117(a)..............................  15:1397(a)(1)(B), (E) (as        Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         1397(a)(1)(B), (E) relates to    108(a
)(1)(B) (related to Sec.
                                         15:1401(d)).                     112(d
)), (D) (related to Sec.
                                                                          158(b
)), (E) (related to Sec.
                                                                          112(d
)), 80 Stat. 722; Oct. 27, 1974,
                                                                          Pub. 
L. 93-492, Sec.  103(a)(1)(A),
                                                                          (2), 
(3), 88 Stat. 1477, 1478.
                                        15:1401(d).                      Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          112(d
), 80 Stat. 725; May 22, 1970,
                                                                          Pub. 
L. 91-265, Sec.  3, 84 Stat. 262.
30117(b)..............................  15:1397(a)(1)(D) (related to
                                         15:1418(b)).
                                        15:1418(b)(1).                   Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  158(b)(1); added Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.  102(a), 88
                                                                          Stat.
 1476; Nov. 6, 1978, Pub. L. 95-
                                                                          599, 
Sec.  317, 92 Stat. 2752; Oct.
                                                                          15, 1
982, Pub. L. 97-331, Sec.
                                                                          4(a)(
1), 96 Stat. 1619.
                                        15:1418(b)(2), (3).              Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  158(b)(2), (3); added Oct.
                                                                          15, 1
982, Pub. L. 97-331, Sec.
                                                                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 30102, 30103, 30141, 30147, 
30165, 30166, 30167 of this title.
