II 112th CONGRESS 2d Session S. 3502 IN THE SENATE OF THE UNITED STATES August 2, 2012 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to prohibit rental of motor vehicles under a safety recall because of a defect related to motor vehicle safety or noncompliance with an applicable motor vehicle safety standard until the defect or noncompliance is remedied, and for other purposes.

1.

Short title

This Act may be cited as the Raechel and Jacqueline Houck Safe Rental Car Act of 2012.

2.

Application of motor vehicle safety standards to car rental companies

(a)

Covered rental vehicle and rental company defined

Section 30102(a) of title 49, United States Code, is amended— (1)by redesignating paragraphs (1) through (11) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (12), and (13), respectively; (2)by inserting before paragraph (2) (as so redesignated) the following: (1)covered rental vehicle means a motor vehicle that— (A)is rated at 26,000 pounds gross vehicle weight or less; (B)is rented without a driver for an initial term of less than 4 months; and (C)is part of a motor vehicle fleet of 5 or more motor vehicles that is used for rental purposes by a rental company. ; and (3)by inserting after paragraph (10) (as so redesignated) the following: (11)rental company means a person who— (A)is engaged in the business of renting covered rental vehicles; and (B)uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles. . (b)

Notification by rental companies to renters

(1)

In general

Section 30119 of such title is amended by adding at the end the following: (g)

Notification by rental company to renter

A rental company that receives a notification required under section 30118 of this title that includes the vehicle identification number of a covered rental vehicle during a period in which the vehicle is rented shall, as soon as practicable, contact the renter of the vehicle and any authorized driver of the vehicle for whom the rental company has immediate contact information to inform the renter and authorized driver of the defect or noncompliance. . (2)

Regulations

The Secretary of Transportation may not begin any process to promulgate regulations under subsection (g) of such section, as added by paragraph (1), until the date that is 3 years after the date of the enactment of this Act. (c)

Limitation on sales, leases, or rentals by rental companies

Section 30120(i) of such title is amended— (1)in paragraph (1)— (A)in the matter preceding subparagraph (A)— (i)by inserting , or the manufacturer has provided to a rental company notification about a covered rental vehicle (including the vehicle identification number for such vehicle) in the company’s possession at the time of notification, after time of notification; and (ii)by striking the dealer may sell or lease and inserting the dealer or rental company may sell, lease, or rent; and (B)in subparagraph (A), by striking under the sale or lease and inserting under the sale, lease, or rental agreement; (2)in paragraph (2), by inserting or rental company after a dealer; and (3)in the subsection heading by striking or Lease and inserting , Lease, or Rental. (d)

Prohibition on making safety devices and elements inoperative

Section 30122(b) of such title is amended by inserting rental company, after dealer, both places it appears. (e)

Inspections, investigations, and records

(1)

Matters that can be inspected and impoundment

Subsection (c)(2) of section 30166 of such title is amended by striking or dealer both places it appears and inserting dealer, or rental company. (2)

Records and making reports

Subsection (e) of such section is amended by striking or dealer each place it appears and inserting dealer, or rental company. (3)

Providing copies of communications about defects and noncompliance

Subsection (f) of such section is amended by inserting rental companies or other after dealers or to. (f)

Research authority

The Secretary of Transportation may conduct a study of the effectiveness of the amendments made by this section and of other activities of rental companies (as defined in section 30102(a) of title 49, United States Code, as added by subsection (a)(2)) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code. (g)

Effective date

The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.