FAST Act Recall Notification by Electronic Means

The Center for Auto Safety is the nation’s premier independent, member driven, non-profit consumer advocacy organization dedicated to improving vehicle safety, quality, and fuel economy on behalf of all drivers, passengers, and pedestrians.
December 4, 2015
SEC. 24104. RECALL PROCESS. (a) Notification Improvement.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Secretary shall prescribe a final rule revising the regulations under section 577.7 of title 49, Code of Federal Regulations, to include notification by electronic means in addition to notification by first class mail. (2) Definition of electronic means.--In this subsection, the term ``electronic means'' includes electronic mail and may include such other means of electronic notification, such as social media or targeted online campaigns, as determined by the Secretary. (b) Notification by Manufacturer.--Section 30118(c) of title 49, United States Code, is amended by inserting ``or electronic mail'' after ``certified mail''. (c) Recall Completion Rates Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and biennially thereafter for 4 years, the Secretary shall-- (A) conduct an analysis of vehicle safety recall completion rates to assess potential actions by the National Highway Traffic Safety Administration to improve vehicle safety recall completion rates; and (B) 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 on the results of the analysis. (2) Contents.--Each report shall include-- (A) the annual recall completion rate by manufacturer, model year, component (such as brakes, fuel systems, and air bags), and vehicle type (passenger car, sport utility vehicle, passenger van, and pick-up truck) for each of the 5 years before the year the report is submitted; (B) the methods by which the Secretary has conducted analyses of these recall completion rates to determine trends and identify risk factors associated with lower recall rates; and (C) the actions the Secretary has planned to improve recall completion rates based on the results of this data analysis. (d) Inspector General Audit of Vehicle Recalls.-- (1) In general.--The Department of Transportation Inspector General shall conduct an audit of the National Highway Traffic Safety Administration's management of vehicle safety recalls. (2) Contents.--The audit shall include a determination of whether the National Highway Traffic Safety Administration-- (A) appropriately monitors recalls to ensure the appropriateness of scope and adequacy of recall completion rates and remedies; (B) ensures manufacturers provide safe remedies, at no cost to consumers; (C) is capable of coordinating recall remedies and processes; and (D) can improve its policy on consumer notice to combat effects of recall fatigue.