Page:United States Statutes at Large Volume 108 Part 2.djvu/237

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 953 (iii) by refunding the purchase price, less a reasonable allowance for depreciation. (B) if replacement equipment, by repairing the equipment or replacing the equipment with identical or reasonably equiva- ^ lent equipment. (2) The Secretary of Transportation may prescribe regulations to allow the manufacturer to impose conditions on the replacement of a motor vehicle or refund of its price. (b) TIRE REMEDIES.—(1) A manufacturer of a tire, including^ an original equipment tire, shall remedy a defective or noncomply- ing tire if the owner or purchaser presents the tire for remedy not later than 60 days after the later of— (A) the day the owner or purchaser receives notification under section 30119 of this title; or (B) if the manufacturer decides to replace the tire, the day the owner or purchaser receives notification that a replacement is available. (2) If the manufacturer decides to replace the tire and the i replacement is not available during the 60-day period, the owner or purchaser must present the tire for remedy during a subsequent 60-day period that begins only after the owner or purchaser receives notification that a replacement will be available during the subsequent period. If tires are available during the subsequent period, only a tire presented for remedy during that period must be remedied. (c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to repair a defective or noncomplying motor vehicle or replacement equipment and the repair is not done adequately within a reasonable time, the manufacturer shall— (A) replace the vehicle or equipment without charge with an identical or reasonably equivalent vehicle or equipment; or (B) for a vehicle, refund the purchase price, less a reasonable allowance for depreciation. (2) Failure to repair a motor vehicle or replacement equipment adequately not later than 60 days after its presentation is prima facie evidence of failure to repair within a reasonable time. However, the Secretary may extend, by order, the 60-day period if good cause for an extension is shown and the reason is published in the Federal Register before the period ends. Presentation of a vehicle or equipment for repair before the date specified by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of this title is not a presentation under this subsection. (d) FILING MANUFACTURER'S REMEDY PROGRAM. — A manufacturer shall file with the Secretary a copy of the manufacturer's program under this section for remedying a defect or noncompliance. The Secretary shall make the program available to the public Federal and publish a notice of availability in the Federal Register. ^^hi^^^^t' (e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On P"^^'^^^ "^ - the motion of the Secretary or on application by any interested person, the Secretary may conduct a hearing to decide whether the manufacturer has reasonably met the remedy requirements under this section. Any interested person may make written and oral presentations of information, views, and arguments on whether the manufacturer has reasonably met the remedy requirements. If the Secretary decides a manufacturer has not reasonably met the remedy requirements, the Secretary shall order the manufac-

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