
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: 49USC30121]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                 SUBCHAPTER II--STANDARDS AND COMPLIANCE
 
Sec. 30121. Provisional notification and civil actions to 
        enforce
        
    (a) Provisional Notification.--(1) The Secretary of Transportation 
may order a manufacturer to issue a provisional notification if a civil 
action about an order issued under section 30118(b) of this title has 
been brought under section 30163 of this title. The provisional 
notification shall contain--
        (A) a statement that the Secretary has decided that a defect 
    related to motor vehicle safety or noncompliance with a motor 
    vehicle safety standard prescribed under this chapter exists and 
    that the manufacturer is contesting the decision in a civil action 
    in a United States district court;
        (B) a clear description of the Secretary's stated basis for the 
    decision;
        (C) the Secretary's evaluation of the risk to motor vehicle 
    safety reasonably related to the defect or noncompliance;
        (D) measures the Secretary considers necessary to avoid an 
    unreasonable risk to motor vehicle safety resulting from the defect 
    or noncompliance;
        (E) a statement that the manufacturer will remedy the defect or 
    noncompliance without charge under section 30120 of this title, but 
    that the requirement to remedy without charge is conditioned on the 
    outcome of the civil action; and
        (F) other information the Secretary prescribes by regulation or 
    includes in the order requiring the notice.

    (2) A notification under this subsection does not relieve a 
manufacturer of liability for not giving notification required by an 
order under section 30118(b) of this title.
    (b) Civil Actions for Not Notifying.--(1) A manufacturer that does 
not notify owners and purchasers under section 30119(c) and (d) of this 
title is liable to the United States Government for a civil penalty, 
unless the manufacturer prevails in a civil action referred to in 
subsection (a) of this section or the court in that action enjoins 
enforcement of the order. Enforcement may be enjoined only if the court 
decides that the failure to notify is reasonable and that the 
manufacturer has demonstrated the likelihood of prevailing on the 
merits. If enforcement is enjoined, the manufacturer is not liable 
during the time the order is stayed.
    (2) A manufacturer that does not notify owners and purchasers as 
required under subsection (a) of this section is liable for a civil 
penalty regardless of whether the manufacturer prevails in an action on 
the validity of the order issued under section 30118(b) of this title.
    (c) Orders to Manufacturers.--If the Secretary prevails in a civil 
action referred to in subsection (a) of this section, the Secretary 
shall order the manufacturer--
        (1) to notify each owner, purchaser, and dealer described in 
    section 30119(d) of this title of the outcome of the action and 
    other information the Secretary requires, and notification under 
    this clause may be combined with notification required under section 
    30118(b) of this title;
        (2) to specify the earliest date under section 30119(b) of this 
    title on which the defect or noncompliance will be remedied without 
    charge under section 30120 of this title; and
        (3) if notification was required under subsection (a) of this 
    section, to reimburse an owner or purchaser for reasonable and 
    necessary expenses (in an amount that is not more than the amount 
    specified in the order of the Secretary under subsection (a)) 
    incurred for repairing the defect or noncompliance during the period 
    beginning on the date that notification was required to be issued 
    and ending on the date the owner or purchaser receives the 
    notification under this subsection.

    (d) Venue.--Notwithstanding section 30163(c) of this title, a civil 
action about an order issued under section 30118(b) of this title must 
be brought in the United States district court for a judicial district 
in the State in which the manufacturer is incorporated or the District 
of Columbia. On motion of a party, the court may transfer the action to 
another district court if good cause is shown. All actions related to 
the same order under section 30118(b) shall be consolidated in an action 
in one judicial district under an order of the court in which the first 
action was brought. If the first action is transferred to another court, 
that court shall issue the consolidation order.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 954.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30121(a)..............................  15:1397(a)(1)(D) (related to     Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         15:1415(b)).                     108(a
)(1)(D) (related to Sec.  155),
                                                                          80 St
at. 722; restated Oct. 27, 1974,
                                                                          Pub. 
L. 93-492, Sec.  103(a)(1)(A),
                                                                          (3), 
88 Stat. 1477, 1478.
                                        15:1415(b).                      Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  155(b)-(d); added Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.  102(a), 88
                                                                          Stat.
 1474.
30121(b)..............................  15:1397(a)(1)(D) (related to
                                         15:1415(c)).
                                        15:1415(c).
30121(c)..............................  15:1397(a)(1)(D) (related to
                                         15:1415(d)).
                                        15:1415(d).
30121(d)..............................  15:1397(a)(1)(D) (related to
                                         15:1415(a)).
                                        15:1415(a).                      Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  155(a); added Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.  102(a), 88
                                                                          Stat.
 1474; Nov. 8, 1984, Pub. L. 98-
                                                                          620, 
Sec.  402(17), 98 Stat. 3358.
-------------------------------------------------------------------------------
---------------------------------

    In this section, the text of 15:1397(a)(1)(D) (related to 15:1415) 
is omitted as surplus.
    In subsection (a)(1), before clause (A), the words ``and to which 
subsection (a) of this section applies'' are omitted because of the 
restatement. In clause (A), the words ``prescribed under this chapter'' 
are substituted for ``Federal'', and the words ``civil action'' are 
substituted for ``proceeding'', for consistency. In clause (B), the 
words ``that there is such a defect or failure'' are omitted as surplus. 
In clause (D), the word ``considers'' is substituted for ``which in the 
judgment of . . . are'' to eliminate unnecessary words. In clause (E), 
the word ``remedy'' is substituted for ``cause . . . to be remedied'' to 
eliminate unnecessary words. The words ``civil action'' are substituted 
for ``court proceeding'' for consistency.
    In subsection (b)(1), the words ``with respect to such failure to 
notify'' are omitted as surplus. The word ``enjoins'' is substituted for 
``restrains'' for consistency. The words ``of such an order'' and ``for 
which the effectiveness of'' are omitted as surplus.
    In subsection (b)(2), the words ``by an order'', ``or not'', and 
``(to which subsection (a) of the section applies)'' are omitted as 
surplus.
    In subsection (c), before clause (1), the words ``a civil action 
referred to in subsection (a) of this section'' are substituted for 
``(i) a manufacturer fails within the period specified in section 
1413(b) of this title to comply with an order under section 1412(b) of 
this title to afford notification to owners and purchasers, (ii) a civil 
action to which subsection (a) of this section applies is commenced with 
respect to such order, and (iii) . . . in such action'' to eliminate 
unnecessary words. In clause (1), the word ``action'' is substituted for 
``proceeding'' for consistency. The words ``containing'' and ``by an 
order'' are omitted as surplus. In clause (2), the words ``under section 
30119(b) of this title'' are substituted for ``(in accordance with the 
second and third sentences of section 1414(b) of this title)'' for 
clarity. The words ``under section 30120 of this title'' are added for 
clarity. In clause (3), the words ``which are . . . by such owner or 
purchaser'', ``the purpose of'', and ``to which the order relates'' are 
omitted as surplus.
    In subsection (d), the words ``Notwithstanding section 30163(c) of 
this title'' are added for clarity. The words ``An action under section 
1399(a) of this title to restrain a violation of an order . . . or under 
section 1398 of this title to collect a civil penalty with respect to a 
violation of such an order'' and ``to which the order applies'' are 
omitted as surplus. The words ``may transfer the action'' are 
substituted for ``orders a change of venue'' for consistency with 
28:1404. The words ``(including enforcement actions)'' are omitted as 
surplus. The words ``that court shall issue the consolidation order'' 
are substituted for ``by order of such other court'' for clarity.

                  Section Referred to in Other Sections

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