Sec. 204. Imminent hazard authority
263 words·~1 min read·
/bill/114/s/1743/is/section-204·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 30118(b) is amended— in paragraph (1), by striking
(1)The Secretary may and inserting
(1); In general .—Except as provided under paragraph (3), the Secretary may in paragraph (2), by inserting before Orders .— If the Secretary ; and by adding after paragraph
(2)the following: If the Secretary makes an initial decision that a defect or noncompliance, or combination of both, under subsection
(a)presents an imminent hazard, the Secretary— shall notify the manufacturer of a motor vehicle or replacement equipment immediately under subsection (a); shall order the manufacturer of the motor vehicle or replacement equipment to immediately— give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the imminent hazard; and remedy the defect or noncompliance under section 30120 of this title; notwithstanding section 30119 or 30120, may order the time for notification, means of providing notification, earliest remedy date, and time the owner or purchaser has to present the motor vehicle or equipment, including a tire, for remedy; and may include in an order under this subparagraph any other terms or conditions that the Secretary determines necessary to abate the imminent hazard. Subsequent to the issuance of an order under subparagraph (A), opportunity for administrative review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order. In this paragraph, the term imminent hazard means any condition which substantially increases the likelihood of serious injury or death if not remedied immediately. .