Title: Used Car Safety Recall Repair Act
Policy area: Transportation and Public Works

Summary:
Used Car Safety Recall Repair Act
This bill prohibits a dealer from selling or leasing a used passenger motor vehicle until a defect of the motor vehicle or motor vehicle equipment or noncompliance with a federal motor vehicle safety standard has been remedied, except if: (1) the recall information regarding the vehicle was not available at the time of sale or lease nor on the manufacturer's website, or (2) notification of such defect or noncompliance is required, but enforcement of an order to notify of and remedy the defect or noncompliance is set aside in a civil action on a motion for change of venue.







[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1634 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1634

   To require auto dealers to fix outstanding safety recalls before 
           selling or leasing a used passenger motor vehicle.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2017

 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 or leasing a used passenger motor vehicle.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Used Car Safety Recall Repair Act''.

SEC. 2. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

    Section 30120 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k) Limitation on Sale or Lease of Used Passenger Motor 
Vehicles.--(1) Except as provided under paragraphs (2) and (4), a 
dealer may not sell or lease a used passenger motor vehicle until after 
any defect or noncompliance determined under section 30118 with respect 
to the vehicle has been remedied.
    ``(2) Paragraph (1) shall not apply if--
            ``(A) the recall information regarding the used passenger 
        motor vehicle--
                    ``(i) was not available at the time of sale or 
                lease using the means established by the Secretary 
                under section 31301 of the Moving Ahead for Progress in 
                the 21st Century Act (49 U.S.C. 30166 note); and
                    ``(ii) was not available on the manufacturer's 
                website; or
            ``(B) notification of the defect or noncompliance is 
        required under section 30118(b), but enforcement of the order 
        is set aside in a civil action to which section 30121(d) 
        applies.
    ``(3) Notwithstanding section 30102(a)(1), in this subsection--
            ``(A) the term `dealer' means a person that has sold at 
        least 10 motor vehicles to one or more consumers during the 
        most recent 12-month period; and
            ``(B) the term `used passenger motor vehicle' means a motor 
        vehicle that has previously been purchased other than for 
        resale.
    ``(4) By rule, the Secretary may exempt the auctioning of a used 
passenger motor vehicle to dealers from the requirements under 
paragraph (1) if such exemption does not harm public safety.''.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect on that date that is 18 months after the 
date of the enactment of this Act.
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