As proposed, the legislation (S 3502) introduced by Boxer would ban the rental or sale of vehicles under recall and give rental companies 24 to 48 hours, depending on size, to remove recalled vehicles from their fleet until they are repaired. To provide rental companies with the flexibility to keep enough of their fleets active in the case of a major recall, companies would be permitted to make temporary repairs if approved by regulators.
The bill also would allow federal regulators to exercise new authority to enforce the law. An earlier version (S 1445) introduced by Schumer would have designated the sale or rental of unrepaired recalled vehicles as “unfair and deceptive acts or practices” that fall within the Federal Trade Commission’s jurisdiction.
Shahan’s consumer advocacy group has spent years fighting for such consumer protections as “lemon laws” to assure defect-free vehicle purchases. Houck worked with the group to push the rental car recall protection at the state level in California, and the group then took the cause to the national level.
Initially, Boxer and Schumer ran into resistance from the rental car industry toward any additional regulation. The issues of fleet flexibility and allowing temporary repairs posed significant stumbling blocks — especially after the recall of more than 9 million Toyota vehicles in 2009 and 2010.
While the National Highway Traffic Safety Administration identified a number of more complicated potential design flaws, the main culprit in a number of cases of sudden acceleration in Toyotas was found to be floor mats that jammed beneath the gas pedal. Removing those mats until redesigned parts could be installed significantly reduced the risks.
Rental companies wanted to be sure that in a future case like the Toyota recall, they could make the easy temporary fix without disabling huge portions of their fleets. Addressing those concerns, Shahan says, was critical to winning support from the rental car industry.
By the time that issue was settled, Boxer was presiding over conference negotiations this summer on a two-year highway bill (PL 112-141). The rental car legislation was clearly germane to the bill, but Boxer had pledged not to “air drop” new provisions into the conference report and the measure got left behind.
With its concerns about fleet flexibility addressed, the industry began volunteering to follow the ban on renting or selling recalled vehicles.
Hertz, which had a nationwide fleet of about 320,000 cars in 2011, was the first to agree. After pressure from Sens. Claire McCaskill, D-Mo., and Roy Blunt, R-Mo., Missouri-based Enterprise — with more than 920,000 cars, vans and trucks in its fleet — signed on. Within weeks, Avis Budget and Dollar Thrifty had signed on as well.
The American Car Rental Association gave its full blessing to the legislation in October, saying its members, including independents, supported the bill because it “will hold our industry to an even higher standard than all other used car sellers and hopefully set the standard for other for-hire transportation services.”