
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30119]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                 SUBCHAPTER II--STANDARDS AND COMPLIANCE
 
Sec. 30119. Notification procedures

    (a) Contents of Notification.--Notification by a manufacturer 
required under section 30118 of this title of a defect or noncompliance 
shall contain--
        (1) a clear description of the defect or noncompliance;
        (2) an evaluation of the risk to motor vehicle safety reasonably 
    related to the defect or noncompliance;
        (3) the measures to be taken to obtain a remedy of the defect or 
    noncompliance;
        (4) a statement that the manufacturer giving notice will remedy 
    the defect or noncompliance without charge under section 30120 of 
    this title;
        (5) the earliest date on which the defect or noncompliance will 
    be remedied without charge, and for tires, the period during which 
    the defect or noncompliance will be remedied without charge under 
    section 30120 of this title;
        (6) the procedure the recipient of a notice is to follow to 
    inform the Secretary of Transportation when a manufacturer, 
    distributor, or dealer does not remedy the defect or noncompliance 
    without charge under section 30120 of this title; and
        (7) other information the Secretary prescribes by regulation.

    (b) Earliest Remedy Date.--The date specified by a manufacturer in a 
notification under subsection (a)(5) of this section or section 
30121(c)(2) of this title is the earliest date that parts and facilities 
reasonably can be expected to be available to remedy the defect or 
noncompliance. The Secretary may disapprove the date.
    (c) Time for Notification.--Notification required under section 
30118 of this title shall be given within a reasonable time--
        (1) prescribed by the Secretary, after the manufacturer receives 
    notice of a final decision under section 30118(b) of this title; or
        (2) after the manufacturer first decides that a safety-related 
    defect or noncompliance exists under section 30118(c) of this title.

    (d) Means of Providing Notification.--(1) Notification required 
under section 30118 of this title about a motor vehicle shall be sent by 
first class mail--
        (A) to each person registered under State law as the owner and 
    whose name and address are reasonably ascertainable by the 
    manufacturer through State records or other available sources; or
        (B) if a registered owner is not notified under clause (A) of 
    this paragraph, to the most recent purchaser known to the 
    manufacturer.

    (2) Notification required under section 30118 of this title about 
replacement equipment (except a tire) shall be sent by first class mail 
to the most recent purchaser known to the manufacturer. In addition, if 
the Secretary decides that public notice is required for motor vehicle 
safety, public notice shall be given in the way required by the 
Secretary after consulting with the manufacturer.
    (3) Notification required under section 30118 of this title about a 
tire shall be sent by first class mail (or, if the manufacturer prefers, 
by certified mail) to the most recent purchaser known to the 
manufacturer. In addition, if the Secretary decides that public notice 
is required for motor vehicle safety, public notice shall be given in 
the way required by the Secretary after consulting with the 
manufacturer. In deciding whether public notice is required, the 
Secretary shall consider--
        (A) the magnitude of the risk to motor vehicle safety caused by 
    the defect or noncompliance; and
        (B) the cost of public notice compared to the additional number 
    of owners the notice may reach.

    (4) A dealer to whom a motor vehicle or replacement equipment was 
delivered shall be notified by certified mail or quicker means if 
available.
    (e) Second Notification.--If the Secretary decides that a 
notification sent by a manufacturer under this section has not resulted 
in an adequate number of motor vehicles or items of replacement 
equipment being returned for remedy, the Secretary may order the 
manufacturer to send a 2d notification in the way the Secretary 
prescribes by regulation.
    (f) Notification by Lessor to Lessee.--(1) In this subsection, 
``leased motor vehicle'' means a motor vehicle that is leased to a 
person for at least 4 months by a lessor that has leased at least 5 
motor vehicles in the 12 months before the date of the notification.
    (2) A lessor that receives a notification required by section 30118 
of this title about a leased motor vehicle shall provide a copy of the 
notification to the lessee in the way the Secretary prescribes by 
regulation.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 951.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30119(a)..............................  15:1397(a)(1)(D) (related to     Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         15:1413(a)).                     108(a
)(1)(D) (related to Secs.  153(a)-
                                                                          (c) (
1st sentence cls. (1)-(5), last
                                                                          sente
nce), 154(b)(2) (2d, last
                                                                          sente
nces)), 80 Stat. 722; restated
                                                                          Oct. 
27, 1974, Pub. L. 93-492, Sec.
                                                                          103(a
)(1)(A), (3), 88 Stat. 1477,
                                                                          1478.
                                        15:1413(a).                      Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Secs.  153(a), (b), 154(b)(2)
                                                                          (2d, 
last sentences); added Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.  102(a), 88
                                                                          Stat.
 1471, 1473.
30119(b)..............................  15:1397(a)(1)(D) (related to
                                         15:1414(b)(2) (2d, last
                                         sentences)).
                                        15:1414(b)(2) (2d, last
                                         sentences).
30119(c)..............................  15:1397(a)(1)(D) (related to
                                         15:1413(b)).
                                        15:1413(b).
30119(d)..............................  15:1397(a)(1)(D) (related to
                                         15:1413(c) (1st sentence cls.
                                         (1)-(5), last sentence).
                                        15:1413(c) (1st sentence cls.    Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                         (1)-(5), last sentence).         718, 
Sec.  153(c) (1st sentence cls.
                                                                          (1)-(
5), last sentence); added Oct.
                                                                          27, 1
974, Pub. L. 93-492, Sec.
                                                                          102(a
), 88 Stat. 1471, 1472; Oct. 15,
                                                                          1982,
 Pub. L. 97-331, Sec.  4(b), 96
                                                                          Stat.
 1620.
30119(e)..............................  15:1413(d).                      Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  153(d), (e); added Dec. 18,
                                                                          1991,
 Pub. L. 102-240, Sec.  2504(a),
                                                                          105 S
tat. 2083.
30119(f)..............................  15:1413(e).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the text of 15:1397(a)(1)(D) (related to 
15:1413(a)-(c) (1st sentence cls. (1)-(5), last sentence), 1414(b)(2) 
(2d, last sentences), and 1416) is omitted as surplus.
    In subsection (a), before clause (1), the words ``a motor vehicle or 
item of replacement equipment'' are omitted as surplus. The words ``by a 
manufacturer'' are added for clarity. In clause (3), the words ``a 
statement of'' are omitted as surplus. In clause (4), the word 
``remedy'' is substituted for ``cause . . . to be remedied'' to 
eliminate unnecessary words. In clause (5), the words ``(specified in 
accordance with the second and third sentences of section 1414(b)(2) of 
this title)'' are omitted as surplus. In clause (6), the words ``a 
description of'' are omitted as surplus. The words ``under section 30120 
of this title'' are added for consistency with the source provisions 
restated in this subsection. In clause (7), the words ``in addition to 
such . . . as'' are omitted as surplus.
    In subsection (b), the words ``in a notification under subsection 
(a)(5) of this section or section 30121(c) of this title'' are 
substituted for ``In either case'' because of the restatement. The words 
``may disapprove'' are substituted for ``shall be subject to disapproval 
by'' to eliminate unnecessary words.
    In subsection (c)(1), the words ``Secretary's'' and ``that there is 
a defect or failure to comply'' are omitted as surplus. The word 
``final'' is added for clarity.
    In subsection (c)(2), the words ``decides that a safety-related 
defect or noncompliance exists'' are substituted for ``makes a 
determination with respect to a defect or failure to comply'' for 
clarity.
    In subsection (d), the text of 15:1413(c) (1st sentence words before 
cl. (1)) is incorporated into each paragraph as appropriate.
    In subsection (d)(1)(A), the words ``who is'' and ``of such 
vehicle'' are omitted as surplus.
    In subsection (d)(1)(B), the words ``if a registered owner is not 
notified'' are substituted for ``unless the registered owner (if any) of 
such vehicle was notified'' for clarity. The words ``most recent 
purchaser'' are substituted for ``first purchaser (or if a more recent 
purchaser is'' for clarity and to eliminate unnecessary words. The words 
``of each such vehicle containing such defect or failure to comply'' are 
omitted as surplus.
    In subsection (d)(3), the words ``(or, if the manufacturer prefers, 
by certified mail)'' are substituted for 15:1413(c) (last sentence) to 
eliminate unnecessary words.
    In subsection (d)(4), the words ``or dealers'' are omitted because 
of 1:1. The words ``of such manufacturer'' are omitted as surplus.
    In subsection (e), the word ``replacement'' is added for clarity and 
consistency with the source provisions being restated in subsection (d) 
of this section.

                  Section Referred to in Other Sections

    This section is referred to in sections 30102, 30103, 30117, 30118, 
30120, 30121, 30141, 30147, 30165, 30167 of this title.
