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, leasing, or loaning a used 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, with specified exceptions.
The prohibition does not apply if (1) the recall information regarding the used vehicle was not available at the time of sale or lease and was not on the manufacturer's website; or (2) notification of the 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 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1971 Introduced in Senate (IS)]

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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 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 MOTOR VEHICLE CONSUMER PROTECTION.

    Section 30120 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k) Limitation on the Sale, Lease, or Loan of Used Motor 
Vehicles.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Dealer.--Notwithstanding section 30102(a)(2), 
                the term `dealer' means a person that has sold not less 
                than 10 motor vehicles to 1 or more consumers during 
                the most recent 12-month period.
                    ``(B) Used motor vehicle.--The term `used motor 
                vehicle' means a motor vehicle that has previously been 
                purchased other than for resale.
            ``(2) Limitation.--Except as provided under paragraphs (3) 
        and (4), a dealer may not sell, lease, or loan a used motor 
        vehicle until after any defect or noncompliance determined 
        under section 30118 with respect to the vehicle has been 
        remedied.
            ``(3) Exception.--Paragraph (2) shall not apply if--
                    ``(A) the recall information regarding the used 
                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; Public Law 112-141); and
                            ``(ii) was not available on the website of 
                        the manufacturer; or
                    ``(B) notification of the defect or noncompliance 
                is required by an order issued by the Secretary under 
                section 30118(b)(2), but enforcement of the order is 
                set aside in a civil action to which section 30121(d) 
                applies.
            ``(4) Rulemaking.--The Secretary, by rule, may exempt from 
        paragraph (2) the auctioning of a used motor vehicle to dealers 
        if the exemption does not harm public safety.''.

SEC. 3. EFFECTIVE DATE.

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