
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 106-346 Section 101(a)[364]]
[Document affected by Public Law 106-414 Section 2]
[Document affected by Public Law 106-414 Section 2]
[CITE: 49USC30118]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                 SUBCHAPTER II--STANDARDS AND COMPLIANCE
 
Sec. 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
        (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, 
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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 950.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30118(a)..............................  15:1397(a)(1)(D) (related to     Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         15:1412(a) (1st-3d               108(a
)(1)(D) (related to Secs.  151,
                                         sentences)).                     152, 
153(c) (1st sentence cl. (6)),
                                                                          156, 
157), 80 Stat. 722; restated Oct.
                                                                          27, 1
974, Pub. L. 93-492, Sec.
                                                                          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, 
Secs.  151, 152, 156 (related to
                                                                          notic
e), 157 (related to notice);
                                                                          added
 Oct. 27, 1974, Pub. L. 93-492,
                                                                          Sec. 
 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.     Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                         (6)).                            718, 
Sec.  153(c) (1st sentence cl.
                                                                          (6));
 added Oct. 27, 1974, Pub. L. 93-
                                                                          492, 
Sec.  102(a), 88 Stat. 1472; Oct.
                                                                          15, 1
982, Pub. L. 97-331, Sec.
                                                                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 30102, 30103, 30117, 30119, 
30120, 30121, 30141, 30146, 30147, 30162, 30163, 30165, 30167 of this 
title.
