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Code · STATUTE-COMPILATIONS · Fixing America’s Surface Transportation Act · Sec. 24109

Sec. 24109. RENTAL CAR SAFETY

1,474 words·~7 min read·/statute-compilations/comps-13423/sec-24109

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 24109 RENTAL CAR SAFETY ###
(a)Short Title **[**[49 U.S.C. 30101 note](/us/usc/t49/s30101)**]** This section may be cited as the “Raechel and Jacqueline Houck Safe Rental Car Act of 2015”. ###
(b)Definitions Section 30102(a) of title 49, United States Code, is amended— ####
(1)by redesignating paragraphs
(10)and
(11)as paragraphs
(12)and (13), respectively; ####
(2)by redesignating paragraphs
(1)through
(9)as paragraphs
(2)through (10), respectively; ####
(3)by inserting before paragraph (2), as redesignated, the following: > > #### “(1) > > ‘covered rental vehicle’ means a motor vehicle that— > > > ##### “(A) > > has a gross vehicle weight rating of 10,000 pounds or less; > > > ##### “(B) > > is rented without a driver for an initial term of less than 4 months; and > > > ##### “(C) > > is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.” > ; and ####
(4)by inserting after paragraph (10), as redesignated, the following: > > #### “(11) > > ‘rental company’ means a person who— > > > ##### “(A) > > is engaged in the business of renting covered rental vehicles; and > > > ##### “(B) > > uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year.” > . ###
(c)Remedies for Defects and Noncompliance Section 30120(i) of title 49, United States Code, is amended— ####
(1)in the subsection heading, by adding “, or Rental” at the end; ####
(2)in paragraph (1)— #####
(A)by striking “
(1)If notification ” and inserting the following: > > #### “(1) In general > > If notification” > ; #####
(B)by indenting subparagraphs
(A)and
(B)four ems from the left margin; #####
(C)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”; #####
(D)by striking “the dealer may sell or lease,” and inserting “the dealer or rental company may sell, lease, or rent”; and #####
(E)in subparagraph (A), by striking “sale or lease” and inserting “sale, lease, or rental agreement”; ####
(3)by amending paragraph
(2)to read as follows: > > #### “(2) Rule of construction > > 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 ####
(4)by adding at the end the following: > > #### “(3) Specific rules for rental companies > > > ##### “(A) In general > > 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. > > > ##### “(B) Special rule for large vehicle fleets > > 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. > > > ##### “(C) Special rule for when remedies not immediately available > > 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). > > > ##### “(D) Inapplicability to junk automobiles > > Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle— > > > ###### “(i) > > meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501); > > > ###### “(ii) > > is retitled as a junk automobile pursuant to applicable State law; and > > > ###### “(iii) > > is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504).” > . ###
(d)Making Safety Devices and Elements Inoperative Section 30122(b) of title 49, United States Code, is amended by inserting “rental company,” after “dealer,” each place such term appears. ###
(e)Inspections, Investigations, and Records Section 30166 of title 49, United States Code, is amended— ####
(1)in subsection (c)(2), by striking “or dealer” each place such term appears and inserting “dealer, or rental company”; ####
(2)in subsection (e), by striking “or dealer” each place such term appears and inserting “dealer, or rental company”; and ####
(3)in subsection (f), by striking “or to owners” and inserting “, rental companies, or other owners”. ###
(f)Research Authority The Secretary of Transportation may conduct a study of— ####
(1)the effectiveness of the amendments made by this section; and ####
(2)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. ###
(g)Study ####
(1)Additional requirement Section 32206(b)(2) of the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 785) is amended— #####
(A)in subparagraph (E), by striking “and” at the end; #####
(B)by redesignating subparagraph
(F)as subparagraph (G); and #####
(C)by inserting after subparagraph
(E)the following: > > ##### “(F) > > evaluate the completion of safety recall remedies on rental trucks; and” > . ####
(2)Report Section 32206(c) of such Act is amended— #####
(A)in paragraph (1), by striking “subsection (b)” and inserting “subparagraphs
(A)through
(E)and
(G)of subsection (b)(2)”; #####
(B)by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively; #####
(C)by striking “ Report. Not later ” and inserting the following: > > ### “(c) Reports > > > #### “(1) Initial Report > > Not later” > ; and #####
(D)by adding at the end the following: > > #### “(2) Safety recall remedy report > > Not later than 1 year after the date of the enactment of the ‘Raechel and Jacqueline Houck Safe Rental Car Act of 2015’, the Secretary shall submit a report to the congressional committees set forth in paragraph
(1)that contains— > > > ##### “(A) > > the findings of the study conducted pursuant to subsection (b)(2)(F); and > > > ##### “(B) > > any recommendations for legislation that the Secretary determines to be appropriate.” > . ###
(h)Public Comments 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. ###
(i)Rule of Construction **[**[49 U.S.C. 30102 note](/us/usc/t49/s30102)**]** Nothing in this section or the amendments made by this section— ####
(1)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 ####
(2)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). ###
(j)Rulemaking **[**[49 U.S.C. 30102 note](/us/usc/t49/s30102)**]** The Secretary may promulgate rules, as appropriate, to implement this section and the amendments made by this section. ###
(k)Effective Date **[**[49 U.S.C. 30102 note](/us/usc/t49/s30102)**]** The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.
Connectionstraces to 4
2 references not yet in our index
  • Pub. L. 112-141
  • 126 Stat. 785
Citation graph
cites case law
Sec. 24109
RENTAL CAR SAFETY
U.S.C.§ 30101
U.S.C.§ 30501
U.S.C.§ 30504
U.S.C.§ 30102
Pub. L.Pub. L. 112-141
Stat.126 Stat. 785
Cites 6Cited by 0 across 0 sources
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