Page:United States Statutes at Large Volume 88 Part 2.djvu/159

 88 STAT. ]

1475

PUBLIC LAW 93-492-OCT. 27, 1974

"(2) If a manufacturer fails to notify owners or purcliasers as required by an order under subsection (b) of this section, the court may hold him liable for a civil penalty without regard to whether or not he prevails in an action (to which subsection (a) applies) with respect to the validity of the order issued under section 152(b). " (d) If (i) a manufacturer fails within the period specified in section 153(b) to comply with an order under section 152(b) to afford notification to owners and purchasers, (ii) a civil action to which subsection (a) applies is commenced with respect to such order, and (iii) the Secretary prevails in such action, then the Secretary shall order the manufacturer— "(1) to afford notice (which notice may be combined with any notice required by an order under section 152(b)) to each owner, purchaser, and dealer described in section 153(c) of the outcome of the proceeding and containing such other information as the Secretary may require; "(2) to specify (in accordance with the second and third sentences of section 154(b)) the earliest date on which such defect or failure will be remedied without charge; and "(3) if notification was required under subsection (b) of this section, to reimburse such owner or purchaser for any reasonable and necessary expenses (not in excess of any amount specified in the order of the Secretary) which are incurred (A) by such owner or purchaser; (B) for the purpose of repairing the defect or failure to comply to which the order relates; and (C) during the period beginning on the date such notification under subsection (b) was required to be issued and ending on the date such owner or purchaser receives notification pursuant to this subsection. REASONABLENESS OF NOTIFICATION AND REMEDY

"SEC. 156. Upon petition of any interested person or on his own motion, the Secretary may hold a hearing in which any interested person (including a manufacturer) may make oral (as well as written) presentations of data, views, and arguments on the question of whether a manufacturer has reasonably met his obligation to notify under section 151 or 152, and to remedy a defect or failure to comply under section 154. If the Secretary determines the manufacturer has not reasonably met such obligation, he shall order the manufacturer to take specified action to comply with such obligation; and, in addition, the Secretary may take any other action authorized by this title.

15 USC 1416. Hearing.

'EXEMPTION FOR INCONSEQUENTIAL DEFECT OR FAILURE TO COMPLY

"SEC. 157. Upon application of a manufacturer, the Secretary shall 15 USC 1417. exempt such manufacturer from any requirement under this part to give notice with respect to, or to remedy, a defect or failure to comply, Notice in if he determines, after notice in the Federal Register and opportunity Federal Register; for interested persons to present data, views, and arguments, that such data, views and defect or failure to comply is inconsequential as it relates to motor arguments, pres vehicle safety. ^"'^'^°" °PP°'tunity.

"INFORMATION, DISCLOSURE, AND RECORDKEEPING

"SEC. 158. (a)(1) Every manufacturer shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or to owners or purchasers of motor vehicle or replacement equipment produced by such manufacturer regarding any defect or failure to comply in such vehicle or equipment which is sold or serviced.

15 USC 1418.

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