Page:United States Statutes at Large Volume 108 Part 2.djvu/236

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108 STAT. 952 PUBLIC LAW 103-272—JULY 5, 1994 by the manufacturer through State records or other available sources; or (B) if a registered owner is not notified under clause (A) of this paragraph, to the most recent purchaser known to the manufacturer. (2) Notification required under section 30118 of this title about replacement equipment (except a tire) shall be sent by first class mail to the most recent purchaser known to the manufacturer. In addition, if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given in the way required by the Secretary after consulting with the manufacturer. (3) Notification required under section 30118 of this title about a tire shall be sent by first class mail (or, if the manufacturer prefers, by certified mail) to the most recent purchaser known to the manufacturer. In addition, if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given in the way required by the Secretary after consulting V with the manufacturer. In deciding whether public notice is required, the Secretary shall consider— (A) the magnitude of the risk to motor vehicle safety caused by the defect or noncompliance; and (B) the cost of public notice compared to the additional number of owners the notice may reach. (4) A dealer to whom a motor vehicle or replacement equipment was delivered shall be notified by certified mail or quicker means if available. (e) SECOND NOTIFICATION.— I f the Secretary decides that a notification sent by a manufacturer under this section has not resulted in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may order the manufacturer to send a 2d notification in the way the Secretary prescribes by regulation. (f) NOTIFICATION BY LESSOR TO LESSEE.— (1) In this subsection, "leased motor vehicle" means a motor vehicle that is leased to a person for at least 4 months by a lessor that has leased at least 5 motor vehicles in the 12 months before the date of the notification. (2) A lessor that receives a notification required by section 30118 of this title about a leased motor vehicle shall provide a copy of the notification to the lessee in the way the Secretary prescribes by regulation. § 30120. Remedies for defects and noncompliance (a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g) of this section, 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