49 USC 30117 - Providing information to, and maintaining records on, purchasers

U.S Code last checked for updates: Nov 25, 2024

§ 30117.

Providing information to, and maintaining records on, purchasers

(a)

Providing Information and Notice.—

(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.

(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.)

cite as: 49 USC 30117