Appendix A - Title 49 32302

Page 915

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

32301 ..........

§ 32302

TITLE 49—TRANSPORTATION

15:1901(13), (14).

Source (Statutes at Large)
Oct. 20, 1972, Pub. L. 92–513,
§ 2(13), (14), 86 Stat. 948;
Dec. 22, 1975, Pub. L.
94–163, § 301, 89 Stat. 901;
Oct. 10, 1980, Pub. L.
96–425, § 8(a)(2), 94 Stat.
1828; Oct. 25, 1984, Pub. L.
98–547, § 101(b), 98 Stat.
2767.

Editorial Notes
AMENDMENTS
2012—Pub. L. 112–141 added par. (1), redesignated
former pars. (1) and (2) as (2) and (3), respectively, and,
in par. (2), substituted ‘‘; and’’ for period at end.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.

§ 32302. Passenger motor vehicle information
(a) INFORMATION PROGRAM.—The Secretary of
Transportation (referred to in this section as
the ‘‘Secretary’’) shall maintain a program for
developing the following information on passenger motor vehicles:
(1) damage susceptibility.
(2) crashworthiness, crash avoidance, and
any other areas the Secretary determines will
improve the safety of passenger motor vehicles.
(3) the degree of difficulty of diagnosis and
repair of damage to, or failure of, mechanical
and electrical systems.
(b) MOTOR VEHICLE INFORMATION.—To assist a
consumer in buying a passenger motor vehicle,
the Secretary shall provide to the public information developed under subsection (a) of this
section. The information shall be in a simple
and understandable form that allows comparison of the characteristics referred to in subsection (a)(1)–(3) of this section among the
makes and models of passenger motor vehicles.
The Secretary may require passenger motor vehicle dealers to distribute the information to
prospective buyers. The Secretary, after providing an opportunity for public comment, shall
study and report to Congress the most useful
data, format, and method for providing simple
and understandable damage susceptibility information to consumers.
(c) CRASH AVOIDANCE.—Not later than 1 year
after the date of enactment of the Safety
Through Informed Consumers Act of 2015, the
Secretary shall promulgate a rule to ensure that
crash avoidance information is indicated next to
crashworthiness information on stickers placed
on motor vehicles by their manufacturers.
(d) MOTOR VEHICLE DEFECT REPORTING INFORMATION.—
(1) RULEMAKING REQUIRED.—Not later than 1
year after the date of enactment of the Motor
Vehicle and Highway Safety Improvement Act
of 2012, the Secretary shall prescribe regulations that require passenger motor vehicle
manufacturers—

(A) to affix, in the glove compartment or
in another readily accessible location on the
vehicle, a sticker, decal, or other device that
provides, in simple and understandable language, information about how to submit a
safety-related motor vehicle defect complaint to the National Highway Traffic Safety Administration;
(B) to prominently print the information
described in subparagraph (A) within the
owner’s manual; and
(C) to not place such information on the
label required under section 3 of the Automobile Information Disclosure Act (15 U.S.C.
1232).
(2) APPLICATION.—The requirements under
paragraph (1) shall apply to passenger motor
vehicles manufactured in any model year beginning more than 1 year after the date on
which a final rule is published under paragraph (1).
(e)
ADVANCED
NOLOGIES.—
(1) NOTICE.—Not

CRASH-AVOIDANCE

TECH-

later than 1 year after the
date of enactment of this subsection, the Secretary shall publish a notice, for purposes of
public review and comment, to establish, distinct from crashworthiness information, a
means for providing to consumers information
relating to advanced crash-avoidance technologies, in accordance with subsection (a).
(2) INCLUSIONS.—The notice under paragraph
(1) shall include—
(A) an appropriate methodology for—
(i) determining which advanced crashavoidance technologies shall be included in
the information;
(ii) developing performance test criteria
for use by manufacturers in evaluating advanced crash-avoidance technologies;
(iii) determining a distinct rating involving each advanced crash-avoidance technology to be included; and
(iv) updating overall vehicle ratings to
incorporate
advanced
crash-avoidance
technology ratings; and
(B) such other information and analyses as
the Secretary determines to be necessary to
implement the rating of advanced crashavoidance technologies.

(3) REPORT.—Not later than 18 months after
the date of enactment of this subsection, the
Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Energy and
Commerce of the House of Representatives a
report that describes a plan for implementing
an advanced crash-avoidance technology information and rating system, in accordance with
subsection (a).
(f) VULNERABLE ROAD USER SAFETY.—
(1) NOTICE.—Not later than 1 year after the
date of enactment of this subsection, the Secretary shall publish a notice, for purposes of
public review and comment, to establish a
means for providing to consumers information
relating to pedestrian, bicyclist, or other vulnerable road user safety technologies, in accordance with subsection (a).

§ 32302

TITLE 49—TRANSPORTATION

(2) INCLUSIONS.—The notice under paragraph
(1) shall include—
(A) an appropriate methodology for—
(i) determining which technologies shall
be included in the information;
(ii) developing performance test criteria
for use by manufacturers in evaluating the
extent to which automated pedestrian
safety systems in light vehicles attempt to
prevent and mitigate, to the best extent
possible, pedestrian injury;
(iii) determining a distinct rating involving each technology to be included; and
(iv) updating overall vehicle ratings to
incorporate vulnerable road user safety
technology ratings; and
(B) such other information and analyses as
the Secretary determines to be necessary to
implement the rating of vulnerable road
user safety technologies.
(3) REPORT.—Not later than 18 months after
the date of enactment of this subsection, the
Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Energy and
Commerce of the House of Representatives a
report that describes a plan for implementing
an information and rating system for vulnerable road user safety technologies, in accordance with subsection (a).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1035;
Pub. L. 112–141, div. C, title I, §§ 31305(b), 31306,
July 6, 2012, 126 Stat. 765; Pub. L. 112–252, §§ 1,
2(a), Jan. 10, 2013, 126 Stat. 2406; Pub. L. 114–94,
div. B, title XXIV, § 24322, Dec. 4, 2015, 129 Stat.
1713; Pub. L. 117–58, div. B, title IV, § 24213(b),
Nov. 15, 2021, 135 Stat. 826.)
HISTORICAL AND REVISION NOTES
Revised
Section
32302(a) ......

32302(b) ......

32302(c) ......

Source (U.S. Code)

Source (Statutes at Large)

15:1941(c) (19th–60th
words).
15:1941(d) (1st–13th
words).

Oct. 20, 1972, Pub. L. 92–513,
§ 201(c), (e), 86 Stat. 956.
Oct. 20, 1972, Pub. L. 92–513,
§ 201(d), 86 Stat. 956; July
14, 1976, Pub. L. 94–364,
§ 201, 90 Stat. 981.

15:1941(c) (1st–18th
and 61st–last
words), (d)
(14th–last words).
15:1941(e).

In subsection (a), the words before clause (1) are substituted for ‘‘The Secretary shall compile the information described in subsection (c) of this section’’ and
‘‘existing information and information to be developed
relating to’’ for clarity and to eliminate unnecessary
words.
In subsection (b), the words ‘‘After the study has been
completed’’ are omitted as executed. The words ‘‘To assist a consumer in buying a passenger motor vehicle’’
are substituted for ‘‘so as to be of benefit in their passenger motor vehicle purchasing decisions’’, and the
words ‘‘the Secretary shall provide to the public’’ are
substituted for ‘‘the Secretary is authorized and directed to devise specific ways in which . . . can be communicated to consumers’’ and ‘‘furnish it to the public’’, to eliminate unnecessary words. The word ‘‘existing’’ is omitted as obsolete.
In subsection (c), the words ‘‘not later than February
1, 1975’’ are omitted as executed. The words ‘‘prescribe
regulations’’ are substituted for ‘‘by rule establish’’ for
consistency in the revised title and because ‘‘rule’’ is
synonymous with ‘‘regulation’’.

Page 916
Editorial Notes
REFERENCES IN TEXT

The date of enactment of the Safety Through Informed Consumers Act of 2015, referred to in subsec. (c),
is the date of enactment of part II of subtitle C of title
XXIV of div. B of Pub. L. 114–94, which was approved
Dec. 4, 2015.
The date of enactment of the Motor Vehicle and
Highway Safety Improvement Act of 2012, referred to in
subsec. (d)(1), is the date of enactment of title I of div.
C of Pub. L. 112–141, which was approved July 6, 2012.
The date of enactment of this subsection, referred to
in subsecs. (e)(1), (3) and (f)(1), (3), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15,
2021.
AMENDMENTS
2021—Subsec. (a). Pub. L. 117–58, § 24213(b)(1), inserted
‘‘(referred to in this section as the ‘Secretary’)’’ after
‘‘of Transportation’’ in introductory provisions.
Subsecs. (e), (f). Pub. L. 117–58, § 24213(b)(2), added subsecs. (e) and (f).
2015—Subsec. (c). Pub. L. 114–94 added subsec. (c).
2013—Subsec. (b). Pub. L. 112–252, § 2(a), inserted at
end ‘‘The Secretary, after providing an opportunity for
public comment, shall study and report to Congress the
most useful data, format, and method for providing
simple and understandable damage susceptibility information to consumers.’’
Subsec. (c). Pub. L. 112–252, § 1, struck out subsec. (c).
Text read as follows: ‘‘The Secretary shall prescribe
regulations that require passenger motor vehicle dealers to distribute to prospective buyers information the
Secretary develops and provides to the dealers that
compares insurance costs for different makes and models of passenger motor vehicles based on damage susceptibility and crashworthiness.’’
2012—Subsec. (a)(2). Pub. L. 112–141, § 31305(b)(1), inserted ‘‘, crash avoidance, and any other areas the Secretary determines will improve the safety of passenger
motor vehicles’’ after ‘‘crashworthiness’’.
Subsec. (a)(4). Pub. L. 112–141, § 31305(b)(2), struck out
par. (4) which read as follows: ‘‘vehicle operating costs
dependent on the characteristics referred to in clauses
(1)–(3) of this subsection, including insurance information obtained under section 32303 of this title.’’
Subsec. (d). Pub. L. 112–141, § 31306, added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.
REGULATIONS
Pub. L. 112–252, § 1, Jan. 10, 2013, 126 Stat. 2406, provided in part that: ‘‘any regulations promulgated under
such subsection [former subsec. (c) of this section] shall
have no force or effect.’’
NEW CAR ASSESSMENT PROGRAM; UPDATES
Pub. L. 117–58, div. B, title IV, § 24213(a), Nov. 15, 2021,
135 Stat. 826, provided that: ‘‘Not later than 1 year after
the date of enactment of this Act [Nov. 15, 2021], the
Secretary [of Transportation] shall finalize the proceeding for which comments were requested in the notice entitled ‘New Car Assessment Program’ (80 Fed.
Reg. 78522 (December 16, 2015)) to update the passenger
motor vehicle information required under section
32302(a) of title 49, United States Code.’’
IMPROVED VEHICLE SAFETY DATABASES
Pub. L. 117–58, div. B, title IV, § 24217, Nov. 15, 2021, 135
Stat. 830, provided that: ‘‘Not later than 3 years after
the date of enactment of this Act [Nov. 15, 2021], after

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§ 32303

TITLE 49—TRANSPORTATION

consultation with frequent users of publicly available
databases, the Secretary [of Transportation] shall improve public accessibility to information relating to
the publicly accessible vehicle safety databases of the
National Highway Traffic Safety Administration by revising the publicly accessible vehicle safety databases—
‘‘(1) to improve organization and functionality, including design features such as drop-down menus;
‘‘(2) to allow data from applicable publicly accessible vehicle safety databases to be searched, sorted,
aggregated, and downloaded in a manner that—
‘‘(A) is consistent with the public interest; and
‘‘(B) facilitates easy use by consumers;
‘‘(3) to provide greater consistency in presentation
of vehicle safety issues;
‘‘(4) to improve searchability regarding specific vehicles and issues, which may include the standardization of commonly used search terms; and
‘‘(5) to ensure nonconfidential documents and materials relating to information created or obtained by
the National Highway Traffic Safety Administration
are made publicly available in a manner that is—
‘‘(A) timely; and
‘‘(B) searchable in databases by any element that
the Secretary determines to be in the public interest.’’
CONSUMER GUIDANCE
Pub. L. 114–94, div. B, title XXIV, § 24103(d), Dec. 4,
2015, 129 Stat. 1703, provided that: ‘‘Not later than 1
year after the date of enactment of this Act [Dec. 4,
2015], the Secretary shall make available to the public
on the Internet detailed guidance for consumers submitting safety complaints, including—
‘‘(1) a detailed explanation of what information a
consumer should include in a complaint; and
‘‘(2) a detailed explanation of the possible actions
the National Highway Traffic Safety Administration
can take to address a complaint and respond to the
consumer, including information on—
‘‘(A) the consumer records, such as photographs
and police reports, that could assist with an investigation; and
‘‘(B) the length of time a consumer should retain
the records described in subparagraph (A).’’
DEADLINE FOR REPORT
Pub. L. 112–252, § 2(b), Jan. 10, 2013, 126 Stat. 2406, provided that: ‘‘The Secretary of Transportation shall
carry out the last sentence of section 32302(b) of title
49, United States Code, as added by subsection (a), not
later than the date that is 2 years after the date of the
enactment of this Act [Jan. 10, 2013].’’

§ 32303. Insurance information
(a) GENERAL REPORTS AND
QUIREMENTS.—(1) In carrying

INFORMATION REout this chapter,
the Secretary of Transportation may require an
insurer, or a designated agent of the insurer, to
make reports and provide the Secretary with information. The reports and information may include accident claim information by make,
model, and model year of passenger motor vehicle about the kind and extent of—
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information
are to be provided under this subsection, the
Secretary shall—
(A) consider the cost of preparing and providing the reports and information;
(B) consider the extent to which the reports
and information will contribute to carrying
out this chapter; and
(C) consult with State authorities and public
and private agencies the Secretary considers
appropriate.

(3) To the extent possible, the Secretary shall
obtain reports and information under this subsection on a voluntary basis.
(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE SUSCEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When requested by the Secretary, an insurer shall give
the Secretary information—
(1) about the extent to which the insurance
premiums charged by the insurer are affected
by damage susceptibility, crashworthiness,
and the cost of repair and personal injury, for
each make and model of passenger motor vehicle; and
(2) available to the insurer about the effect
of damage susceptibility, crashworthiness, and
the cost of repair and personal injury for each
make and model of passenger motor vehicle on
the risk incurred by the insurer in insuring
that make and model.
(c) DISCLOSURE.—In distributing information
received under this section, the Secretary may
disclose identifying information about a person
that may be an insured, a claimant, a passenger,
an owner, a witness, or an individual involved in
a motor vehicle accident, only with the consent
of the person.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1036.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

32303(a) ......

15:1945(a)–(d), (g).

32303(b) ......
32303(c) ......

15:1945(e).
15:1945(f).

Source (Statutes at Large)
Oct. 20, 1972, Pub. L. 92–513,
§ 205, 86 Stat. 958.

In subsection (a), the words ‘‘carrying out this chapter’’ are substituted for ‘‘to enable him to carry out the
purposes of this subchapter’’ to eliminate unnecessary
words. The word ‘‘provide’’ is substituted for ‘‘furnish’’
for consistency.
In subsection (a)(1), before clause (A), the words ‘‘the
Secretary of Transportation may require . . . to . . .
provide the Secretary with’’ are substituted for ‘‘shall,
upon request by the Secretary . . . as the Secretary
may reasonably require’’ to eliminate unnecessary
words. The text of 15:1945(g) is omitted as surplus because of 49:322(a). The word ‘‘information’’ is substituted for ‘‘data’’ for consistency in the section. In
clause (A), the words ‘‘repair costs’’ are substituted for
‘‘the cost of remedying the damage’’ to eliminate unnecessary words.
In subsection (a)(2)(C), the words ‘‘State authorities
and public and private agencies’’ are substituted for
‘‘such State and insurance regulatory agencies and
other agencies and associations, both public and private’’ for consistency and to eliminate unnecessary
words.
In subsection (b), before clause (1), the word ‘‘information’’ is substituted for ‘‘a description of’’ for consistency in the section. In clause (1), the word ‘‘premiums’’ is substituted for ‘‘rates or premiums’’ because
it is inclusive. In clause (2), the words ‘‘by the insurer’’
are added for clarity.
In subsection (c), the words ‘‘identifying information’’ are substituted for ‘‘the name of, or other identifying information’’, and the words ‘‘a witness, or an individual involved’’ are substituted for ‘‘a driver, an injured person, a witness, or otherwise involved’’ to
eliminate unnecessary words. The word ‘‘accident’’ is
substituted for ‘‘crash or collision’’ for consistency in
this section. The words ‘‘so named or otherwise identified’’ are omitted as surplus.