1 See 2015 Amendment note below.
shall pay fair reimbursement to a dealer providing a remedy without charge under this section if—

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

30120(a)

15:1397(a)(1)(D) (related to 15:1414(a)(1) (1st sentence), (2)).

Sept. 9, 1966, Puspan. L. 89–563, § 108(a)(1)(D) (related to §§ 154(a), (span)(1), (2) (1st sentence), (c), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Puspan. L. 93–492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478.

15:1414(a)(1) (1st sentence), (2).

Sept. 9, 1966, Puspan. L. 89–563, 80 Stat. 718, §§ 154(a), (span)(1), (2) (1st sentence), (c), 156 (related to remedy), 157 (related to remedy); added Oct. 27, 1974, Puspan. L. 93–492, § 102(a), 88 Stat. 1472, 1474, 1475.

30120(span)

15:1397(a)(1)(D) (related to 15:1414(a)(5)).

15:1414(a)(5).

30120(c)

15:1397(a)(1)(D) (related to 15:1414(span)(1), (2) (1st sentence)).

15:1414(span)(1), (2) (1st sentence).

30120(d)

15:1397(a)(1)(D) (related to 15:1414(c)).

15:1414(c).

30120(e)

15:1397(a)(1)(D) (related to 15:1416).

15:1416 (related to remedy).

30120(f)

15:1397(a)(1)(D) (related to 15:1414(a)(3)).

15:1414(a)(3).

30120(g)(1)

15:1397(a)(1)(D) (related to 15:1414(a)(4)).

15:1414(a)(4).

30120(g)(2)

15:1397(a)(1)(D) (related to 15:1414(a)(1) (last sentence)).

15:1414(a)(1) (last sentence).

30120(h)

15:1397(a)(1)(D) (related to 15:1417).

15:1417 (related to remedy).

30120(i)

15:1414(d).

Sept. 9, 1966, Puspan. L. 89–563, 80 Stat. 718, § 154(d); added Dec. 18, 1991, Puspan. L. 102–240, § 2504(span), 105 Stat. 2083.

In this section, the text of 15:1397(a)(1)(D) (related to 15:1414(a), (span)(1), (2) (1st sentence), and (c), and 1416) is omitted as surplus.

In subsection (a)(1), before clause (A), the words “Subject to subsections (f) and (g) of this section” are added for clarity. The words “with an applicable Federal motor vehicle safety standard . . . which relates to motor vehicle safety” and “pursuant to such notification” are omitted as surplus. The words “shall remedy” are substituted for “shall cause such defect or failure to comply in such motor vehicle or such item of replacement equipment to be remedied” to eliminate unnecessary words. The words “the defect or noncompliance” are added for clarity. In clauses (A) and (B), the words “without charge” are omitted as unnecessary because of the words “without charge” in this subsection before this clause (A). In clause (A), the words “presented for remedy pursuant to such notification” and “of such motor vehicle in full” are omitted as surplus.

Subsection (a)(2) is substituted for 15:1414(a)(2)(A) (last sentence) for clarity.

In subsection (span)(1), before clause (A), the words “shall remedy a defective or noncomplying tire if” are substituted for “shall not be obligated to remedy such tire if such tire is not” to eliminate unnecessary words and for consistency. The words “pursuant to notification” are omitted as surplus. In clause (B), the words “decides to replace the tire” are substituted for “elects replacement” for clarity.

Subsection (span)(2) is substituted for 15:1414(a)(5)(B) to eliminate unnecessary words.

In subsection (c)(1), the words before clause (A) are substituted for “Whenever a manufacturer has elected under subsection (a) of this section to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of replacement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall” to eliminate unnecessary words. In clause (A), the word “replace” is substituted for “cause . . . to be replaced” for consistency. In clause (B), the word “refund” is substituted for “shall cause . . . to be refunded” for consistency. The words “in full” and “and if the manufacturer so elects)” are omitted as surplus.

In subsection (c)(2), the word “presentation” is substituted for “tender” for clarity. The words “for repair” are omitted as surplus. The last sentence is substituted for 15:1414(span)(2) (1st sentence) 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.

In subsection (f), the word “fair” is substituted for “fair and equitable” to eliminate unnecessary words. The words “for such remedy” are omitted as surplus. The words “providing a” are substituted for “who effects” for consistency.

In subsection (g)(2), the words “In the case of notification required by an order” are omitted as unnecessary. The word “civil” is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (h), the words “any requirement under”, “or to remedy”, 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.

Editorial Notes
References in Text

Sections 201 and 204 of the Anti-Car Theft Act of 1992, referred to in subsec. (i)(3)(D)(i), (iii), are sections 201 and 204 of Puspan. L. 102–519, from which sections 30501 and 30504 of this title, respectively, are derived.

Amendments

2021—Subsec. (k). Puspan. L. 117–58 added subsec. (k).

2015—Subsec. (span)(1). Puspan. L. 114–94, § 24108(1), substituted “180 days” for “60 days” in introductory provisions.

Subsec. (span)(2). Puspan. L. 114–94, § 24108(2), substituted “180-day” for “60-day” in two places.

Subsec. (f). Puspan. L. 114–94, § 24107(1), which directed amendment of subsec. (f) by inserting “(1) in general. A manufacturer”, without specifying the location of such insertion, and indenting appropriately, was executed by striking “A manufacturer” and inserting “(1) In general.—A manufacturer” after the subsec. heading, to reflect the probable intent of Congress.

Subsec. (f)(1). Puspan. L. 114–94, § 24107(2), substituted “section if—” for “section.” and added subpars. (A) and (B).

Subsec. (f)(2). Puspan. L. 114–94, § 24107(3), added par. (2).

Subsec. (g)(1). Puspan. L. 114–94, § 24402, substituted “15 calendar years” for “10 calendar years”.

Subsec. (i). Puspan. L. 114–94, § 24109(c)(1), inserted “, or Rental” after “Equipment” in heading.

Subsec. (i)(1). Puspan. L. 114–94, § 24109(c)(2)(D), which directed substitution of “the dealer or rental company may sell, lease, or rent” for “the dealer may sell or lease,”, was executed by making the substitution for “the dealer may sell or lease” to reflect the probable intent of Congress.

Puspan. L. 114–94, § 24109(c)(2)(A)–(C), inserted heading, inserted “or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company’s possession at the time of notification” after “time of notification” in introductory provisions, and realigned margins of subpars. (A) and (B).

Subsec. (i)(1)(A). Puspan. L. 114–94, § 24109(c)(2)(E), substituted “sale, lease, or rental agreement” for “sale or lease”.

Subsec. (i)(2). Puspan. L. 114–94, § 24109(c)(3), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This subsection does not prohibit a dealer from offering for sale or lease the vehicle or equipment.”

Subsec. (i)(3). Puspan. L. 114–94, § 24109(c)(4), added par. (3).

2012—Subsec. (a)(1)(B). Puspan. L. 112–141, § 31311(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if replacement equipment, by repairing the equipment or replacing the equipment with identical or reasonably equivalent equipment.”

Subsec. (i). Puspan. L. 112–141, § 31311(2), inserted “of New Vehicles or Equipment” after “Lease” in heading.

Subsec. (j). Puspan. L. 112–141, § 31311(3), which directed substitution of “replacement” for “replaced” in heading, was executed by substituting “Replacement” for “Replaced”, to reflect the probable intent of Congress.

2000—Subsec. (c)(3). Puspan. L. 106–414, § 6(a), added par. (3).

Subsec. (d). Puspan. L. 106–414, § 7, inserted at end “In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.”

Puspan. L. 106–414, § 6(span), inserted at end “A manufacturer’s remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer’s notification under subsection (span) or (c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan.”

Subsec. (g)(1). Puspan. L. 106–414, § 4, substituted “10 calendar years” for “8 calendar years” and “5 calendar years” for “3 calendar years”.

Subsec. (j). Puspan. L. 106–414, § 8, added subsec. (j).

1998—Subsec. (i)(1). Puspan. L. 105–178 inserted “(including retailers of motor vehicle equipment)” after “provided to a dealer” in introductory provisions.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Amendment by section 24109(c) of Puspan. L. 114–94 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Puspan. L. 114–94, set out as a note under section 30102 of this title.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.