What 49 USC § 30120 - Vehicle Recall Remedies (Defect and Noncompliance Remedies) requires
49 USC § 30120 (originally enacted as part of National Traffic and Motor Vehicle Safety Act 1966, recodified by Pub. L. 103-272 and amended numerous times including TREAD Act 2000 Pub. L. 106-414) establishes the framework for remedies that manufacturers must provide to owners when a motor vehicle or item of motor vehicle equipment is recalled for a safety defect or noncompliance with an applicable Federal Motor Vehicle Safety Standard: subsection (a)(1) requires manufacturers to remedy defective vehicles or equipment without charge through one of three methods - (i) repairing the vehicle or equipment so it no longer contains the defect or noncompliance, (ii) replacing the vehicle with an identical or reasonably equivalent vehicle, or (iii) refunding the purchase price (less a reasonable allowance for depreciation); subsection (b) provides that for tires, manufacturers must address defective tires if owners present them within 180 days after the later of (A) the day owner received notification or (B) if the manufacturer decides to replace the tire, the day the owner received notification that a replacement is available; subsection (c) establishes the no-charge requirement; the recall remedy framework operates alongside § 30118 (defect notification), § 30119 (manufacturer notification to owners), § 30121 (hearings), and § 30166 (information disclosure); implementing regulations at 49 CFR Parts 573 (Defect and Noncompliance Reporting) and 577 (Defect and Noncompliance Notification).
Pillar: Automotive & Mobility · Authority: United States Congress (National Traffic and Motor Vehicle Safety Act of 1966, Pub. L. 89-563; recodified into 49 USC Chapter 301 by Pub. L. 103-272; amended by TREAD Act of 2000, Pub. L. 106-414) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/49/30120
SHA-256 integrity: 6b4ad6e61be0502aa4c1d8312f89749d459dd64f6841b1fb518a5db16bb69f0f
Primary Citations — 5 traced to source
- 49 USC § 30120(a)(1) REMEDY OPTIONS: 'When notification of a defect or noncompliance is required under section 30118(b) or (c) of this title, the manufacturer of the defective or noncomplying motor vehicle or replacement equipment shall remedy the defect or noncompliance without charge when the vehicle or equipment is presented for remedy. Subject to subsections (b) and (c) of this section, the manufacturer shall remedy the defect or noncompliance in any of the following ways the manufacturer chooses: (A) if a vehicle - (i) by repairing the vehicle; (ii) by replacing the vehicle with an identical or reasonably equivalent vehicle; or (iii) by refunding the purchase price, less a reasonable allowance for depreciation.'
- 49 USC § 30120(b) TIRE REMEDY WINDOW: 'The manufacturer of a defective or noncomplying tire shall take action under subsection (a)(1)(B) of this section only if the owner or purchaser presents the tire for remedy not later than 180 days after the later of - (A) the day the owner or purchaser receives notification under section 30118(c) of this title; or (B) if the manufacturer decides to replace the tire, the day the owner or purchaser receives notification that a replacement is available.'
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