Providing information to, and maintaining records on, purchasers

49 U.S.C. § 30117

• Title: 49 — Transportation
• Chapter: SUBCHAPTER II—STANDARDS AND COMPLIANCE

Text

(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) Rulemaking.—
(A) In general.—The Secretary shall initiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of—
(i) the name and address of tire purchasers and lessors;
(ii) information identifying the tire that was purchased or leased; and
(iii) any additional records the Secretary considers appropriate.
(B) Electronic transmission.—The rulemaking carried out under subparagraph (A) shall require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit the records described in clauses (i), (ii), and (iii) of subparagraph (A) to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors.
(C) Satisfaction of requirements.—A regulation promulgated under subparagraph (A) may be considered to satisfy the requirements of paragraph (2)(B).
(c) Rollover Tests.—
(1) Development.—Not later than 2 years from the date of the enactment of this subsection, the Secretary shall—
(A) develop a dynamic test on rollovers by motor vehicles for the purposes of a consumer information program; and
(B) carry out a program of conducting such tests.
(2) Test results.—As the Secretary develops a test under paragraph (1)(A), the Secretary shall conduct a rulemaking to determine how best to disseminate test results to the public.
(3) Motor vehicles covered.—This subsection applies to motor vehicles, including passenger cars, multipurpose passenger vehicles, and trucks, with a gross vehicle weight rating of 10,000 pounds or less. A motor vehicle designed to provide temporary residential accommodations is not covered.

History

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 948; Pub. L. 106–414, §12, Nov. 1, 2000, 114 Stat. 1806; Pub. L. 114–94, div. B, title XXIV, §24333, Dec. 4, 2015, 129 Stat. 1715.)

Editorial Notes

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.

Editorial Notes

References in Text
The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.

Amendments
2015—Subsec. (b)(3). Pub. L. 114–94 amended par. (3) generally. Prior to amendment, par. (3) related to requirement for Secretary to evaluate record maintenance procedures under par. (2) and submit reports to Congress.
2000—Subsec. (c). Pub. L. 106–414 added subsec. (c).

Statutory Notes and Related Subsidiaries

Retention of Safety Records by Manufacturers
Pub. L. 114–94, div. B, title XXIV, §24403, Dec. 4, 2015, 129 Stat. 1720, provided that:
"(a) Rule.—Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Transportation shall issue a final rule pursuant to section 30117 of title 49, United States Code, requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records required to be maintained by manufacturers under section 576.6 of title 49, Code of Federal Regulations, for a period of not less than 10 calendar years from the date on which they were generated or acquired by the manufacturer.
"(b) Application.—The rule required by subsection (a) shall apply with respect to any record described in such subsection that is in the possession of a manufacturer on the effective date of such rule."
Pub. L. 109–59, title X, §10309(a), Aug. 10, 2005, 119 Stat. 1942, provided that:
"(1) In general.—The Secretary of Transportation shall require the testing of 15-passenger vans as part of the rollover resistance program of the National Highway Traffic Safety Administration's new car assessment program.
"(2) 15-passenger van defined.—In this subsection, the term '15-passenger van' means a vehicle that seats 10 to 14 passengers, not including the driver."