Used Car Safety Recall Repair Act

II 116TH CONGRESS 1ST SESSION S. 1971 To require auto dealers to fix outstanding safety recalls before selling, leasing, or loaning a used motor vehicle. IN THE SENATE OF THE UNITED STATES JUNE 25, 2019 Mr. BLUMENTHAL (for himself and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require auto dealers to fix outstanding safety recalls before selling, leasing, or loaning a used motor vehicle. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Used Car Safety Recall 4 Repair Act’’. 5 SEC. 2. USED MOTOR VEHICLE CONSUMER PROTECTION. 6 Section 30120 of title 49, United States Code, is 7 amended by adding at the end the following: 8 ‘‘(k) LIMITATION ON THE SALE, LEASE, OR LOAN OF 9 USED MOTOR VEHICLES.— 10 VerDate Sep 11 2014 04:16 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1971.IS S1971 kjohnson on DSK79L0C42 with BILLS 2 •S 1971 IS ‘‘(1) DEFINITIONS.—In this subsection: 1 ‘‘(A) DEALER.—Notwithstanding section 2 30102(a)(2), the term ‘dealer’ means a person 3 that has sold not less than 10 motor vehicles to 4 1 or more consumers during the most recent 5 12-month period. 6 ‘‘(B) USED MOTOR VEHICLE.—The term 7 ‘used motor vehicle’ means a motor vehicle that 8 has previously been purchased other than for 9 resale. 10 ‘‘(2) LIMITATION.—Except as provided under 11 paragraphs (3) and (4), a dealer may not sell, lease, 12 or loan a used motor vehicle until after any defect 13 or noncompliance determined under section 30118 14 with respect to the vehicle has been remedied. 15 ‘‘(3) EXCEPTION.—Paragraph (2) shall not 16 apply if— 17 ‘‘(A) the recall information regarding the 18 used motor vehicle— 19 ‘‘(i) was not available at the time of 20 sale or lease using the means established 21 by the Secretary under section 31301 of 22 the Moving Ahead for Progress in the 21st 23 Century Act (49 U.S.C. 30166 note; Pub- 24 lic Law 112–141); and 25 VerDate Sep 11 2014 04:16 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1971.IS S1971 kjohnson on DSK79L0C42 with BILLS 3 •S 1971 IS ‘‘(ii) was not available on the website 1 of the manufacturer; or 2 ‘‘(B) notification of the defect or non- 3 compliance is required by an order issued by 4 the Secretary under section 30118(b)(2), but 5 enforcement of the order is set aside in a civil 6 action to which section 30121(d) applies. 7 ‘‘(4) RULEMAKING.—The Secretary, by rule, 8 may exempt from paragraph (2) the auctioning of a 9 used motor vehicle to dealers if the exemption does 10 not harm public safety.’’. 11 SEC. 3. EFFECTIVE DATE. 12 This Act shall take effect on the date that is 18 13 months after the date of enactment of this Act. 14 Æ VerDate Sep 11 2014 04:16 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1971.IS S1971 kjohnson on DSK79L0C42 with BILLS