Us Code § 30121 - Provisional notification and civil actions to enforce
Full text of Us Code United States Code § 30121 — Provisional notification and civil actions to enforce, with citation guidance and answers to common questions.
§ 30121. Provisional notification and civil actions to enforce
(a)
(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)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 954.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30121(a) | 15:1397(a)(1)(D) (related to 15:1415(b)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §155), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1415(b). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §155(b)–(d); added Oct. 27, 1974, Pub. L. 93–492, §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, §155(a); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1474; Nov. 8, 1984, Pub. L. 98–620, §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.
About This Section
49 U.S.C. § 30121 is part of Title 49 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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