Sec. 24109. Rental car safety
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This section may be cited as the . Raechel and Jacqueline Houck Safe Rental Car Act of 2015 Section 30102(a) is amended— by redesignating paragraphs
(10)and
(11)as paragraphs
(12)and (13), respectively; by redesignating paragraphs
(1)through
(9)as paragraphs
(2)through (10), respectively; by inserting before paragraph (2), as redesignated, the following: covered rental vehicle means a motor vehicle that— has a gross vehicle weight rating of 10,000 pounds or less; is rented without a driver for an initial term of less than 4 months; and is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes by a rental company. ; and by inserting after paragraph (10), as redesignated, the following: rental company means a person who— is primarily engaged in the business of renting covered rental vehicles; and uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles. . Section 30120(i) is amended— in the subsection heading, by adding at the end; , or rental in paragraph (1)— by striking
(1)If notification and inserting the following: If notification ; by indenting subparagraphs
(A)and
(B)four ems from the left margin; by inserting 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 ; by striking the dealer may sell or lease, and inserting the dealer or rental company may sell, lease, or rent ; and in subparagraph (A), by striking sale or lease and inserting sale, lease, or rental agreement ; by amending paragraph
(2)to read as follows: Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent. ; and by adding at the end the following: Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph
(C)and paragraph
(1)as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection
(b)or
(c)of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph
(C)and paragraph
(1)as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection
(b)or
(c)of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. If a notification required under subsection
(b)or
(c)of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a). Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle— meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 ( 49 U.S.C. 30501 ); is retitled as a junk automobile pursuant to applicable State law; and is reported to the National Motor Vehicle Information System, if required under section 204 of such Act ( 49 U.S.C. 30504 ). . Section 30122(b) is amended by inserting rental company, after dealer, each place such term appears. Section 30166 is amended— in subsection (c)(2), by striking or dealer each place such term appears and inserting dealer, or rental company ; in subsection (e), by striking or dealer each place such term appears and inserting dealer, or rental company ; and in subsection (f), by striking or to owners and inserting , rental companies, or other owners . The Secretary of Transportation may conduct a study of— the effectiveness of the amendments made by this section; and other activities of rental companies (as defined in section 30102(a)(11) of title 49, United States Code) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code. Section 32206(b)(2) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ; 126 Stat. 785) is amended— in subparagraph (E), by striking and at the end; by redesignating subparagraph
(F)as subparagraph (G); and by inserting after subparagraph
(E)the following: evaluate the completion of safety recall remedies on rental trucks; and . Section 32206(c) of such Act is amended— by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; by striking and inserting the following: Report .—Not later Not later ; in paragraph (1), by striking subsection
(b)and inserting subparagraphs
(A)through
(E)and
(G)of subsection (b)(2) ; and by adding at the end the following: Not later than 1 year after the date of the enactment of the , the Secretary shall submit a report to the congressional committees set forth in paragraph
(1)that contains— Raechel and Jacqueline Houck Safe Rental Car Act of 2015 the findings of the study conducted pursuant to subsection (b)(2)(F); and any recommendations for legislation that the Secretary determines to be appropriate. . The Secretary shall solicit comments regarding the implementation of this section from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. Nothing in this section or the amendments made by this section— may be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection
(b)or
(c)of section 30118 of title 49, United States Code; or shall supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code). The Secretary may promulgate rules, as appropriate, to implement this section and the amendments made by this section. The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.
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- Pub. L. 112-141
- 126 Stat. 785
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