US (United States) Code. Title 49. Subtitle VI. Part A. Chapter 301: Motor vehicle safety

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 301 - MOTOR VEHICLE SAFETY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

-HEAD-

CHAPTER 301 - MOTOR VEHICLE SAFETY

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

30101. Purpose and policy.

30102. Definitions.

30103. Relationship to other laws.

30104. Authorization of appropriations.

30105. Restriction on lobbying activities.

SUBCHAPTER II - STANDARDS AND COMPLIANCE

30111. Standards.

30112. Prohibitions on manufacturing, selling, and importing

noncomplying motor vehicles and equipment.

30113. General exemptions.

30114. Special exemptions.

30115. Certification of compliance.

30116. Defects and noncompliance found before sale to

purchaser.

30117. Providing information to, and maintaining records on,

purchasers.

30118. Notification of defects and noncompliance.

30119. Notification procedures.

30120. Remedies for defects and noncompliance.

30121. Provisional notification and civil actions to enforce.

30122. Making safety devices and elements inoperative.

30123. Tires.

30124. Buzzers indicating nonuse of safety belts.

30125. Schoolbuses and schoolbus equipment.

30126. Used motor vehicles.

30127. Automatic occupant crash protection and seat belt use.

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND

EQUIPMENT

30141. Importing motor vehicles capable of complying with

standards.

30142. Importing motor vehicles for personal use.

30143. Motor vehicles imported by individuals employed

outside the United States.

30144. Importing motor vehicles on a temporary basis.

30145. Importing motor vehicles or equipment requiring

further manufacturing.

30146. Release of motor vehicles and bonds.

30147. Responsibility for defects and noncompliance.

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

30161. Judicial review of standards.

30162. Petitions by interested persons for standards and

enforcement.

30163. Actions by the Attorney General.

30164. Service of process.

30165. Civil penalty.

30166. Inspections, investigations, and records.

30167. Disclosure of information by the Secretary of

Transportation.

30168. Research, testing, development, and training.

30169. Annual reports.

30170. Criminal penalties.

AMENDMENTS

2000 - Pub. L. 106-414, Sec. 5(b)(2), Nov. 1, 2000, 114 Stat.

1804, added item 30170.

1998 - Pub. L. 105-178, title VII, Sec. 7104(b), June 9, 1998,

112 Stat. 467, added item 30105.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 105, 32502, 32511, 32705,

32902 of this title; title 18 sections 511, 512, 2721; title 42

sections 4905, 7590, 13257.

-End-

-CITE-

49 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

49 USC Sec. 30101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 30101. Purpose and policy

-STATUTE-

The purpose of this chapter is to reduce traffic accidents and

deaths and injuries resulting from traffic accidents. Therefore it

is necessary -

(1) to prescribe motor vehicle safety standards for motor

vehicles and motor vehicle equipment in interstate commerce; and

(2) to carry out needed safety research and development.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 941.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30101 15:1381. Sept. 9, 1966, Pub. L.

89-563, Sec. 1, 80 Stat. 718.

--------------------------------------------------------------------

The words "Congress hereby declares that", "to persons", and

"Congress determines that" are omitted as surplus. The words "motor

vehicle" before "equipment" are added for consistency. The words

"and to expand the national driver register" are omitted because

section 401 of the National Traffic and Motor Vehicle Safety Act of

1966 (Public Law 89-563, 80 Stat. 730), the only section in this

law related to the national driver register, was superseded by the

National Driver Register Act of 1982 (Public Law 97-364, 96 Stat.

1740).

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-414, Sec. 1, Nov. 1, 2000, 114 Stat. 1800, provided

that: "This Act [enacting section 30170 of this title, amending

sections 30115, 30117, 30118, 30120, 30165, and 30166 of this

title, and enacting provisions set out as notes under sections

30111, 30115, 30118, 30123, and 30127 of this title] may be cited

as the 'Transportation Recall Enhancement, Accountability, and

Documentation (TREAD) Act'."

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-178, title VII, Sec. 7101, June 9, 1998, 112 Stat.

465, provided that: "This subtitle [subtitle A (Secs. 7101-7107) of

title VII of Pub. L. 105-178, enacting section 30105 of this title,

amending sections 30104, 30114, 30120, 30123, 30127, 32102, 32304,

and 32705 of this title, and enacting provisions set out as notes

under this section and sections 30114 and 30127 of this title] may

be cited as the 'National Highway Traffic Safety Administration

Reauthorization Act of 1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-152, Sec. 1, July 2, 1996, 110 Stat. 1384, provided

that: "This Act [amending sections 30501 to 30505 and 33109 of this

title and enacting provisions set out as a note under section 30502

of this title] may be cited as the 'Anti-Car Theft Improvements Act

of 1996'."

STUDY ON INTERIOR DEVICE TO RELEASE TRUNK LID

Pub. L. 105-178, title VII, Sec. 7106(e), June 9, 1998, 112 Stat.

469, required the National Highway Traffic Safety Administration to

conduct a study of the benefits to motor vehicle drivers of a

regulation to require the installation in a motor vehicle of an

interior device to release the trunk lid and to submit a report on

the results of the study to the Committee on Commerce of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate not later than 18 months after June 9,

1998.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION AUTHORIZATION ACT OF

1991

Pub. L. 102-240, title II, part B, Dec. 18, 1991, 105 Stat. 2081,

as amended by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.

1379, provided that:

"SEC. 2500. SHORT TITLE.

"This part may be cited as the 'National Highway Traffic Safety

Administration Authorization Act of 1991'.

"[SEC. 2501. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,

108 Stat. 1379.]

"SEC. 2502. GENERAL PROVISIONS.

"(a) Definitions. - As used in this part -

"(1) the term 'bus' means a motor vehicle with motive power,

except a trailer, designed for carrying more than 10 persons;

"(2) the term 'multipurpose passenger vehicle' means a motor

vehicle with motive power (except a trailer), designed to carry

10 persons or fewer, which is constructed either on a truck

chassis or with special features for occasional off-road

operation;

"(3) the term 'passenger car' means a motor vehicle with motive

power (except a multipurpose passenger vehicle, motorcycle, or

trailer), designed for carrying 10 persons or fewer;

"(4) the term 'truck' means a motor vehicle with motive power,

except a trailer, designed primarily for the transportation of

property or special purpose equipment; and

"(5) the term 'Secretary' means the Secretary of

Transportation.

"(b) Procedure. -

"(1) In general. - Except as provided in paragraph (2), any

action taken under section 2503 shall be taken in accordance with

the applicable provisions of the National Traffic and Motor

Vehicle Safety Act of 1966 ([formerly] 15 U.S.C. 1381 et seq.).

"(2) Specific procedure. -

"(A) Initiation. - To initiate an action under section 2503,

the Secretary shall, not later than May 31, 1992, publish in

the Federal Register an advance notice of proposed rulemaking

or a notice of proposed rulemaking, except that if the

Secretary is unable to publish such a notice by such date, the

Secretary shall by such date publish in the Federal Register a

notice that the Secretary will begin such action by a certain

date which may not be later than January 31, 1993 and include

in such notice the reasons for the delay. A notice of delayed

action shall not be considered agency action subject to

judicial review. If the Secretary publishes an advance notice

of proposed rulemaking, the Secretary is not required to follow

such notice with a notice of proposed rulemaking if the

Secretary determines on the basis of such advanced notice and

the comments received thereon that the contemplated action

should not be taken under the provisions of the National

Traffic and Motor Vehicle Safety Act of 1966 ([formerly] 15

U.S.C. 1381 et seq.), including the provisions of section 103

of such Act ([formerly] 15 U.S.C. 1392), and if the Secretary

publishes the reasons for such determination consistent with

chapter 5 of title 5, United States Code.

"(B) Completion. -

"(i) Period. - Action under paragraphs (1) through (4) of

section 2503 which was begun under subparagraph (A) shall be

completed within 26 months of the date of publication of an

advance notice of proposed rulemaking or 18 months of the

date of publication of a notice of proposed rulemaking. The

Secretary may extend for any reason the period for completion

of a rulemaking initiated by the issuance of a notice of

proposed rulemaking for not more than 6 months if the

Secretary publishes the reasons for such extension. The

extension of such period shall not be considered agency

action subject to judicial review.

"(ii) Action. - A rulemaking under paragraphs (1) through

(4) of section 2503 shall be considered completed when the

Secretary promulgates a final rule or when the Secretary

decides not to promulgate a rule (which decision may include

deferral of the action or reinitiation of the action). The

Secretary may not decide against promulgation of a final rule

because of lack of time to complete rulemaking. Any such

rulemaking actions shall be published in the Federal

Register, together with the reasons for such decisions,

consistent with chapter 5 of title 5, United States Code, and

the National Traffic and Motor Vehicle Safety Act of 1966

[formerly 15 U.S.C. 1381 et seq.].

"(iii) Special rule. -

"(I) Period. - Action under paragraph (5) of section 2503

which was begun under subparagraph (A) shall be completed

within 24 months of the date of publication of an advance

notice of proposed rulemaking or a notice of proposed

rulemaking. If the Secretary determines that there is a need

for delay and if the public comment period is closed, the

Secretary may extend the date for completion for not more

than 6 months and shall publish in the Federal Register a

notice stating the reasons for the extension and setting a

date certain for completion of the action. The extension of

the completion date shall not be considered agency action

subject to judicial review.

"(II) Action. - A rulemaking under paragraph (5) of section

2503 shall be considered completed when the Secretary

promulgates a final rule with standards on improved head

injury protection.

"(C) Standard. - The Secretary may, as part of any action

taken under section 2503, amend any motor vehicle safety

standard or establish a new standard under the National Traffic

and Motor Vehicle Safety Act of 1966 ([formerly] 15 U.S.C. 1381

et seq.).

"SEC. 2503. MATTERS BEFORE THE SECRETARY.

"The Secretary shall address the following matters in accordance

with section 2502:

"(1) Protection against unreasonable risk of rollovers of

passenger cars, multipurpose passenger vehicles, and trucks with

a gross vehicle weight rating of 8,500 pounds or less and an

unloaded vehicle weight of 5,500 pounds or less.

"(2) Extension of passenger car side impact protection to

multipurpose passenger vehicles and trucks with a gross vehicle

weight rating of 8,500 pounds or less and an unloaded vehicle

weight of 5,500 pounds or less.

"(3) Safety of child booster seats used in passenger cars and

other appropriate motor vehicles.

"(4) Improved design for safety belts.

"(5) Improved head impact protection from interior components

of passenger cars (i.e. roof rails, pillars, and front headers).

"[SECS. 2504, 2505. Repealed. Pub. L. 103-272, Sec. 7(b), July 5,

1994, 108 Stat. 1379.]

"SEC. 2506. REAR SEATBELTS.

"The Secretary shall expend such portion of the funds authorized

to be appropriated under the Motor Vehicle Information and Cost

Savings Act ([formerly] 15 U.S.C. 1901 et seq.), for fiscal year

1993, as the Secretary deems necessary for the purpose of

disseminating information to consumers regarding the manner in

which passenger cars may be retrofitted with lap and shoulder rear

seatbelts.

"SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS.

"Not later than December 31, 1993, the Secretary, in accordance

with the National Traffic and Motor Vehicle Safety Act of 1966

[formerly 15 U.S.C. 1381 et seq.], shall publish an advance notice

of proposed rulemaking to consider the need for any additional

brake performance standards for passenger cars, including antilock

brake standards. The Secretary shall complete such rulemaking (in

accordance with section 2502(b)(2)(B)(ii)) not later than 36 months

from the date of initiation of such advance notice of proposed

rulemaking. In order to facilitate and encourage innovation and

early application of economical and effective antilock brake

systems for all such vehicles, the Secretary shall, as part of the

rulemaking, consider any such brake system adopted by a

manufacturer.

"[SEC. 2508. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994,

108 Stat. 1379.]

"SEC. 2509. HEAD INJURY IMPACT STUDY.

"The Secretary, in the case of any head injury protection matters

not subject to section 2503(5) for which the Secretary is on the

date of enactment of this Act [Dec. 18, 1991] examining the need

for rulemaking and is conducting research, shall provide a report

to Congress by the end of fiscal year 1993 identifying those

matters and their status. The report shall include a statement of

any actions planned toward initiating such rulemaking no later than

fiscal year 1994 or 1995 through use of either an advance notice of

proposed rulemaking or a notice of proposed rulemaking and

completing such rulemaking as soon as possible thereafter."

FUEL SYSTEM INTEGRITY STANDARD

Pub. L. 93-492, title I, Sec. 108, Oct. 27, 1974, 88 Stat. 1482,

provided that:

"(a) Ratification of Standard. - Federal Motor Vehicle Safety

Standard Number 301 (49 CFR 571.301-75; Docket No. 73-20, Notice 2)

as published on March 21, 1974 (39 F.R. 10588-10590) shall take

effect on the dates prescribed in such standard (as so published).

"(b) Amendment or Repeal of Standard. - The Secretary may amend

the standard described in subsection (a) in order to correct

technical errors in the standard, and may amend or repeal such

standard if he determines such amendment or repeal will not

diminish the level of motor vehicle safety."

-EXEC-

EX. ORD. NO. 11357. ADMINISTRATION OF TRAFFIC AND MOTOR VEHICLE

SAFETY THROUGH NATIONAL HIGHWAY SAFETY BUREAU AND ITS DIRECTOR

Ex. Ord. No. 11357, June 6, 1967, 32 F.R. 8225, provided:

By virtue of the authority vested in me as President of the

United States by Section 201 of the Highway Safety Act of 1966, as

amended (80 Stat. 735, 943) [set out as a note under section 401 of

Title 23, Highways], and by Section 3(f)(3) of the Department of

Transportation Act (80 Stat. 932) [former 49 U.S.C. 1652(f)(3)], it

is hereby ordered that the provisions of the National Traffic and

Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718, 943)

[formerly 15 U.S.C. 1381 et seq.], shall be carried out through the

National Highway Safety Bureau and the Director thereof.

Lyndon B. Johnson.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30111, 30122, 30123,

30167 of this title.

-End-

-CITE-

49 USC Sec. 30102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 30102. Definitions

-STATUTE-

(a) General Definitions. - In this chapter -

(1) "dealer" means a person selling and distributing new motor

vehicles or motor vehicle equipment primarily to purchasers that

in good faith purchase the vehicles or equipment other than for

resale.

(2) "defect" includes any defect in performance, construction,

a component, or material of a motor vehicle or motor vehicle

equipment.

(3) "distributor" means a person primarily selling and

distributing motor vehicles or motor vehicle equipment for

resale.

(4) "interstate commerce" means commerce between a place in a

State and a place in another State or between places in the same

State through another State.

(5) "manufacturer" means a person -

(A) manufacturing or assembling motor vehicles or motor

vehicle equipment; or

(B) importing motor vehicles or motor vehicle equipment for

resale.

(6) "motor vehicle" means a vehicle driven or drawn by

mechanical power and manufactured primarily for use on public

streets, roads, and highways, but does not include a vehicle

operated only on a rail line.

(7) "motor vehicle equipment" means -

(A) any system, part, or component of a motor vehicle as

originally manufactured;

(B) any similar part or component manufactured or sold for

replacement or improvement of a system, part, or component, or

as an accessory or addition to a motor vehicle; or

(C) any device or an article or apparel (except medicine or

eyeglasses prescribed by a licensed practitioner) that is not a

system, part, or component of a motor vehicle and is

manufactured, sold, delivered, offered, or intended to be used

only to safeguard motor vehicles and highway users against risk

of accident, injury, or death.

(8) "motor vehicle safety" means the performance of a motor

vehicle or motor vehicle equipment in a way that protects the

public against unreasonable risk of accidents occurring because

of the design, construction, or performance of a motor vehicle,

and against unreasonable risk of death or injury in an accident,

and includes nonoperational safety of a motor vehicle.

(9) "motor vehicle safety standard" means a minimum standard

for motor vehicle or motor vehicle equipment performance.

(10) "State" means a State of the United States, the District

of Columbia, Puerto Rico, the Northern Mariana Islands, Guam,

American Samoa, and the Virgin Islands.

(11) "United States district court" means a district court of

the United States, a United States court for Guam, the Virgin

Islands, and American Samoa, and the district court for the

Northern Mariana Islands.

(b) Limited Definitions. - (1) In sections 30117(b), 30118-30121,

and 30166(f) of this title -

(A) "adequate repair" does not include repair resulting in

substantially impaired operation of a motor vehicle or motor

vehicle equipment;

(B) "first purchaser" means the first purchaser of a motor

vehicle or motor vehicle equipment other than for resale;

(C) "original equipment" means motor vehicle equipment

(including a tire) installed in or on a motor vehicle at the time

of delivery to the first purchaser;

(D) "replacement equipment" means motor vehicle equipment

(including a tire) that is not original equipment;

(E) a brand name owner of a tire marketed under a brand name

not owned by the manufacturer of the tire is deemed to be the

manufacturer of the tire;

(F) a defect in original equipment, or noncompliance of

original equipment with a motor vehicle safety standard

prescribed under this chapter, is deemed to be a defect or

noncompliance of the motor vehicle in or on which the equipment

was installed at the time of delivery to the first purchaser;

(G) a manufacturer of a motor vehicle in or on which original

equipment was installed when delivered to the first purchaser is

deemed to be the manufacturer of the equipment; and

(H) a retreader of a tire is deemed to be the manufacturer of

the tire.

(2) The Secretary of Transportation may prescribe regulations

changing paragraph (1)(C), (D), (F), or (G) of this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 941.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30102(a)(1) 15:1391(7). Sept. 9, 1966, Pub. L.

89-563, Sec. 102(1)-(3),

(5)-(9), (11), (12), 80

Stat. 718, 719.

15:1391(10). Sept. 9, 1966, Pub. L.

89-563, Sec. 102(10), 80

Stat. 718; restated Oct.

27, 1974, Pub. L. 93-492,

Sec. 110(a), 88 Stat. 1484.

49 Oct. 15, 1966, Pub. L.

App.:1655(a)(6)(A). 89-670, Sec. 6(a)(6)(A), 80

Stat. 938.

30102(a)(2) 15:1391(11).

30102(a)(3) 15:1391(6).

30102(a)(4) 15:1391(9).

30102(a)(5) 15:1391(5).

30102(a)(6) 15:1391(3).

30102(a)(7) 15:1391(4). Sept. 9, 1966, Pub. L.

89-563, Sec. 102(4), 80

Stat. 718; restated May 22,

1970, Pub. L. 91-265, Sec.

2, 84 Stat. 262.

30102(a)(8) 15:1391(1).

30102(a)(9) 15:1391(2).

30102(a)(10) 15:1391(8).

30102(a)(11) 15:1391(12).

30102(b) 15:1419. Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

159; added Oct. 27, 1974,

Pub. L. 93-492, Sec.

102(a), 88 Stat. 1476.

--------------------------------------------------------------------

In subsection (a), the definitions apply to the entire chapter

because of references in 15:1421-1431 applying 15:1391-1420 to

15:1421-1431. Before clause (1), the words "As used" are omitted as

surplus. In clause (1), the text of 15:1391(10) and 49

App.:1655(a)(6)(A) is omitted as surplus because the complete name

of the Secretary of Transportation is used the first time the term

appears in a section. The words "selling and distributing" are

substituted for "who is engaged in the sale and distribution of" to

eliminate unnecessary words. The word "purposes" is omitted as

surplus. In clause (3), the words "selling and distributing" are

substituted for "engaged in the sale and distribution of" to

eliminate unnecessary words. In clause (5)(A), the words

"manufacturing or assembling" are substituted for "engaged in the

manufacturing or assembling of" to eliminate unnecessary words. In

clause (7), the words "physician or other duly" and "drivers,

passengers, and other" are omitted as surplus. In clause (8), the

words "is also protected" and "to persons" are omitted as

unnecessary. In clause (9), the words "which is practicable, which

meets the need for motor vehicle safety and which provides

objective criteria" are omitted as unnecessary because of

15:1392(a) which is restated in section 30111 of the revised title.

In clauses (10) and (11), the words "the Northern Mariana Islands"

are added because of section 502(a)(2) of the Covenant to Establish

a Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, as enacted by the Act of March

24, 1976 (Public Law 94-241, 90 Stat. 268), and as proclaimed to be

in effect by the President on January 9, 1978 (Proc. No. 4534, Oct.

24, 1977, 42 F.R. 56593). The words "the Canal Zone" are omitted

because of the Panama Canal Treaty of 1977. In clause (10), the

word "means" is substituted for "includes" as being more

appropriate. The words "a State of the United States" are

substituted for "each of the several States" for consistency. The

words "the Commonwealth of" are omitted as surplus. In clause (11),

the word "Federal" is omitted as surplus. The words "of the

Commonwealth of Puerto Rico" are omitted as unnecessary because the

district court of Puerto Rico is a district court of the United

States under 28:119.

In subsection (b)(1), before clause (A), the words "The term" and

"the term" are omitted as surplus. In clause (B), the words "of a

motor vehicle or motor vehicle equipment" are added for clarity. In

clause (E), the words "to be" are added for consistency. The words

"marketed under such brand name" are omitted as surplus. In clause

(F), the words "a motor vehicle safety standard prescribed under

this chapter" are added for clarity and consistency. The word

"noncompliance" is substituted for "failure to comply" for

consistency in the chapter. In clause (G), the words "(rather than

the manufacturer of such equipment)" are omitted as surplus. The

words "deemed to be" are substituted for "considered" for

consistency. In clause (H), the words "which have been" are omitted

as surplus.

Subsection (b)(2) is substituted for "Except as otherwise

provided in regulations of the Secretary" for clarity and because

of the restatement.

LOW-SPEED ELECTRIC BICYCLES

Pub. L. 107-319, Sec. 2, Dec. 4, 2002, 116 Stat. 2776, provided

that: "For purposes of motor vehicle safety standards issued and

enforced pursuant to chapter 301 of title 49, United States Code, a

low-speed electric bicycle (as defined in section 38(b) of the

Consumer Product Safety Act [15 U.S.C. 2085(b)]) shall not be

considered a motor vehicle as defined by section 30102(6) of title

49, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 1226, 2052.

-End-

-CITE-

49 USC Sec. 30103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 30103. Relationship to other laws

-STATUTE-

(a) Uniformity of Regulations. - The Secretary of Transportation

may not prescribe a safety regulation related to a motor vehicle

subject to subchapter I of chapter 135 of this title that differs

from a motor vehicle safety standard prescribed under this chapter.

However, the Secretary may prescribe, for a motor vehicle operated

by a carrier subject to subchapter I of chapter 135, a safety

regulation that imposes a higher standard of performance after

manufacture than that required by an applicable standard in effect

at the time of manufacture.

(b) Preemption. - (1) When a motor vehicle safety standard is in

effect under this chapter, a State or a political subdivision of a

State may prescribe or continue in effect a standard applicable to

the same aspect of performance of a motor vehicle or motor vehicle

equipment only if the standard is identical to the standard

prescribed under this chapter. However, the United States

Government, a State, or a political subdivision of a State may

prescribe a standard for a motor vehicle or motor vehicle equipment

obtained for its own use that imposes a higher performance

requirement than that required by the otherwise applicable standard

under this chapter.

(2) A State may enforce a standard that is identical to a

standard prescribed under this chapter.

(c) Antitrust Laws. - This chapter does not -

(1) exempt from the antitrust laws conduct that is unlawful

under those laws; or

(2) prohibit under the antitrust laws conduct that is lawful

under those laws.

(d) Warranty Obligations and Additional Legal Rights and

Remedies. - Sections 30117(b), 30118-30121, 30166(f), and 30167(a)

and (b) of this title do not establish or affect a warranty

obligation under a law of the United States or a State. A remedy

under those sections and sections 30161 and 30162 of this title is

in addition to other rights and remedies under other laws of the

United States or a State.

(e) Common Law Liability. - Compliance with a motor vehicle

safety standard prescribed under this chapter does not exempt a

person from liability at common law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 943; Pub. L.

104-88, title III, Sec. 308(j), Dec. 29, 1995, 109 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30103(a) 15:1392(g). Sept. 9, 1966, Pub. L.

89-563, Secs. 103(g),

105(a)(6), 116, 80 Stat.

720, 721, 727.

30103(b) 15:1392(d). Sept. 9, 1966, Pub. L.

89-563, Sec. 103(d), 80

Stat. 719; Oct. 15, 1982,

Pub. L. 97-331, Sec. 3, 96

Stat. 1619.

30103(c) 15:1405.

30103(d) 15:1394(a)(6).

15:1410a(e). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Secs.

124(e), 160; added Oct. 27,

1974, Pub. L. 93-492, Secs.

102(a), 106, 88 Stat. 1477,

1481.

15:1420.

30103(e) 15:1397(k). Sept. 9, 1966, Pub. L.

89-563, Sec. 108(k), 80

Stat. 723; Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2818.

--------------------------------------------------------------------

In subsection (a), the words "or the Transportation of Explosives

Act, as amended (18 U.S.C. 831-835)" are omitted as obsolete

because 18:831-835 have been repealed. The word "prescribe" is

substituted for "adopt" for consistency. The words "or continue in

effect" and "In prescribing safety regulations" are omitted as

surplus. The word "prescribed" is substituted for "issued" for

consistency. The words "to comply" and "Federal" are omitted as

surplus. The words "in effect" are added for clarity.

In subsection (b)(1), the word "Federal" is omitted as surplus.

The word "prescribe" is substituted for "either to establish, or to

continue in effect" for consistency and to eliminate unnecessary

words. The words "standard prescribed under this chapter" are

substituted for "Federal standard" for clarity. The words "However,

the United States . . . may prescribe" are substituted for "Nothing

in this section shall be construed to prevent the Federal . . .

from establishing" for consistency. The words "of a State" are

substituted for "thereof" for clarity. The word "standard" is

substituted for "safety requirement" for consistency. The words

"performance requirement" are substituted for "standard of

performance" to avoid using "standard" in 2 different ways.

Subsection (b)(2) is substituted for 15:1392(d) (2d sentence) for

consistency and to eliminate unnecessary words.

In subsection (c), the words "be deemed to" and "of the United

States" are omitted as surplus.

In subsection (d), the words "United States" are substituted for

"Federal" in 15:1420 for consistency. The words "Consumer" in

15:1420, "not in lieu of" in 15:1410a(e) and 1420, and "not in

substitution for" in 15:1394(a)(6) are omitted as surplus. The word

"other" is added for clarity.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted "subchapter I of

chapter 135" for "subchapter II of chapter 105" in two places.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 31136 of this title.

-End-

-CITE-

49 USC Sec. 30104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 30104. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Secretary

$98,313,500 for the National Highway Traffic Safety Administration

to carry out this part in each fiscal year beginning in fiscal year

1999 and ending in fiscal year 2001.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 944; Pub. L.

105-178, title VII, Sec. 7102(a), June 9, 1998, 112 Stat. 465; Pub.

L. 106-39, Sec. 1(a), July 28, 1999, 113 Stat. 206.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30104 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2501(a), 105

Stat. 2081.

--------------------------------------------------------------------

In this section, before clause (1), the words "to the Secretary

of Transportation for the National Highway Traffic Safety

Administration" are substituted for "For the National Highway

Traffic Safety Administration" for clarity and consistency in the

revised title and with other titles of the United States Code. The

reference to fiscal year 1992 is omitted as obsolete.

AMENDMENTS

1999 - Pub. L. 106-39 substituted "$98,313,500" for

"$81,200,000".

1998 - Pub. L. 105-178 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "The following amounts may be appropriated to the

Secretary of Transportation for the National Highway Traffic Safety

Administration to carry out this chapter:

"(1) $71,333,436 for the fiscal year ending September 30, 1993.

"(2) $74,044,106 for the fiscal year ending September 30, 1994.

"(3) $76,857,782 for the fiscal year ending September 30,

1995."

-End-

-CITE-

49 USC Sec. 30105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 30105. Restriction on lobbying activities

-STATUTE-

(a) In General. - No funds appropriated to the Secretary for the

National Highway Traffic Safety Administration shall be available

for any activity specifically designed to urge a State or local

legislator to favor or oppose the adoption of any specific

legislative proposal pending before any State or local legislative

body.

(b) Appearance as Witness Not Barred. - Subsection (a) does not

prohibit officers or employees of the United States from testifying

before any State or local legislative body in response to the

invitation of any member of that legislative body or a State

executive office.

-SOURCE-

(Added and amended Pub. L. 105-178, title VII, Sec. 7104(a), (c),

June 9, 1998, 112 Stat. 466; Pub. L. 105-206, title IX, Sec.

9012(a), July 22, 1998, 112 Stat. 864.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 7104(c), as added by

Pub. L. 105-206, inserted "for the National Highway Traffic Safety

Administration" after "Secretary".

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

-End-

-CITE-

49 USC SUBCHAPTER II - STANDARDS AND COMPLIANCE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-End-

-CITE-

49 USC Sec. 30111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30111. Standards

-STATUTE-

(a) General Requirements. - The Secretary of Transportation shall

prescribe motor vehicle safety standards. Each standard shall be

practicable, meet the need for motor vehicle safety, and be stated

in objective terms.

(b) Considerations and Consultation. - When prescribing a motor

vehicle safety standard under this chapter, the Secretary shall -

(1) consider relevant available motor vehicle safety

information;

(2) consult with the agency established under the Act of August

20, 1958 (Public Law 85-684, 72 Stat. 635), and other appropriate

State or interstate authorities (including legislative

committees);

(3) consider whether a proposed standard is reasonable,

practicable, and appropriate for the particular type of motor

vehicle or motor vehicle equipment for which it is prescribed;

and

(4) consider the extent to which the standard will carry out

section 30101 of this title.

(c) Cooperation. - The Secretary may advise, assist, and

cooperate with departments, agencies, and instrumentalities of the

United States Government, States, and other public and private

agencies in developing motor vehicle safety standards.

(d) Effective Dates of Standards. - The Secretary shall specify

the effective date of a motor vehicle safety standard prescribed

under this chapter in the order prescribing the standard. A

standard may not become effective before the 180th day after the

standard is prescribed or later than one year after it is

prescribed. However, the Secretary may prescribe a different

effective date after finding, for good cause shown, that a

different effective date is in the public interest and publishing

the reasons for the finding.

(e) 5-Year Plan for Testing Standards. - The Secretary shall

establish and periodically review and update on a continuing basis

a 5-year plan for testing motor vehicle safety standards prescribed

under this chapter that the Secretary considers capable of being

tested. In developing the plan and establishing testing priorities,

the Secretary shall consider factors the Secretary considers

appropriate, consistent with section 30101 of this title and the

Secretary's other duties and powers under this chapter. The

Secretary may change at any time those priorities to address

matters the Secretary considers of greater priority. The initial

plan may be the 5-year plan for compliance testing in effect on

December 18, 1991.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 944.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30111(a) 15:1392(a), (b), Sept. 9, 1966, Pub. L.

(e) (1st sentence). 89-563, Secs. 102(13),

103(a)-(c), (e), (f), 107

(related to standards), 80

Stat. 719, 721.

30111(b) 15:1391(13).

15:1392(f).

30111(c) 15:1396 (related to

standards).

30111(d) 15:1392(c), (e)

(last sentence).

30111(e) 15:1392(j). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

103(j); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 2505,

105 Stat. 2084.

--------------------------------------------------------------------

In subsection (a), the words "shall prescribe" are substituted

for "shall establish by order" in 15:1392(a) and "may by order" in

15:1392(e) (1st sentence) for consistency. The words "amend or

revoke" in 15:1392(e) (1st sentence) and 1397(b)(1) (last sentence)

are omitted because they are included in "prescribe". The words

"appropriate Federal" in 15:1392(a) and "Federal" in 15:1392(e)

(1st sentence) are omitted as surplus. The words "established under

this section" are omitted because of the restatement. The text of

15:1392(b) is omitted as surplus because 5:chs. 5, subch. II, and 7

apply unless otherwise stated.

In subsection (b)(1), the words "including the results of

research, development, testing and evaluation activities conducted

pursuant to this chapter" are omitted as surplus.

In subsection (b)(2), the words "agency established under the Act

of August 20, 1958 (Public Law 85-684, 72 Stat. 635)" are

substituted for 15:1391(13) and "the Vehicle Equipment Safety

Commission" in 15:1392(f) because of the restatement. The citation

in parenthesis is included only for information purposes.

In subsection (b)(4), the words "contribute to" are omitted as

surplus.

In subsection (c), the words "departments, agencies, and

instrumentalities of the United States Government, States, and

other public and private agencies" are substituted for "other

Federal departments and agencies, and State and other interested

public and private agencies" for consistency. The words "planning

and" are omitted as surplus.

In subsection (d), the words "The Secretary" are added for

clarity. The words "effective date" are substituted for "the date .

. . is to take effect" to eliminate unnecessary words. The words

"under this chapter" are added for clarity. The words "However, the

Secretary may prescribe a different effective date" are substituted

for "unless the Secretary" for clarity. The word "different" is

substituted for "earlier or later" to eliminate unnecessary words.

In subsection (e), the words "duties and powers" are substituted

for "responsibilities", and the word "change" is substituted for

"adjust", and for clarity and consistency in the revised title.

-REFTEXT-

REFERENCES IN TEXT

Act of August 20, 1958, referred to in subsec. (b)(2), is set out

as a note under former section 313 of Title 23, Highways.

-MISC2-

IMPROVING CRITERIA USED IN A RECALL

Pub. L. 106-414, Sec. 15, Nov. 1, 2000, 114 Stat. 1808, provided

that:

"(a) Review of Standards and Criteria Used in Opening a Defect or

Noncompliance Investigation. - The Secretary shall, not later than

30 days after the date of the enactment of this Act [Nov. 1, 2000],

undertake a comprehensive review of all standards, criteria,

procedures, and methods, including data management and analysis

used by the National Highway Traffic Safety Administration in

determining whether to open a defect or noncompliance investigation

pursuant to subchapter II or IV of chapter 301 of title 49, United

States Code, and shall undertake such steps as may be necessary to

update and improve such standards, criteria, procedures, or

methods, including data management and analysis.

"(b) Report to Congress. - Not later than 1 year after the date

of the enactment of this Act [Nov. 1, 2000], the Secretary shall

transmit to the Committee on Commerce [now Committee on Energy and

Commerce] of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate a report

describing the Secretary's findings and actions under subsection

(a)."

-End-

-CITE-

49 USC Sec. 30112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30112. Prohibitions on manufacturing, selling, and importing

noncomplying motor vehicles and equipment

-STATUTE-

(a) General. - Except as provided in this section, sections 30113

and 30114 of this title, and subchapter III of this chapter, a

person may not manufacture for sale, sell, offer for sale,

introduce or deliver for introduction in interstate commerce, or

import into the United States, any motor vehicle or motor vehicle

equipment manufactured on or after the date an applicable motor

vehicle safety standard prescribed under this chapter takes effect

unless the vehicle or equipment complies with the standard and is

covered by a certification issued under section 30115 of this

title.

(b) Nonapplication. - This section does not apply to -

(1) the sale, offer for sale, or introduction or delivery for

introduction in interstate commerce of a motor vehicle or motor

vehicle equipment after the first purchase of the vehicle or

equipment in good faith other than for resale;

(2) a person -

(A) establishing that the person had no reason to know,

despite exercising reasonable care, that a motor vehicle or

motor vehicle equipment does not comply with applicable motor

vehicle safety standards prescribed under this chapter; or

(B) holding, without knowing about the noncompliance and

before the vehicle or equipment is first purchased in good

faith other than for resale, a certificate issued by a

manufacturer or importer stating the vehicle or equipment

complies with applicable standards prescribed under this

chapter;

(3) a motor vehicle or motor vehicle equipment intended only

for export, labeled for export on the vehicle or equipment and on

the outside of any container of the vehicle or equipment, and

exported;

(4) a motor vehicle the Secretary of Transportation decides

under section 30141 of this title is capable of complying with

applicable standards prescribed under this chapter;

(5) a motor vehicle imported for personal use by an individual

who receives an exemption under section 30142 of this title;

(6) a motor vehicle under section 30143 of this title imported

by an individual employed outside the United States;

(7) a motor vehicle under section 30144 of this title imported

on a temporary basis;

(8) a motor vehicle or item of motor vehicle equipment under

section 30145 of this title requiring further manufacturing; or

(9) a motor vehicle that is at least 25 years old.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 945.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30112(a) 15:1397(a)(1)(A). Sept. 9, 1966, Pub. L.

89-563, Sec. 108(a)(1)(A),

80 Stat. 722; Oct. 27, 1974,

Pub. L. 93-492, Sec.

103(a)(1), 88 Stat. 1477;

Oct. 31, 1988, Pub. L.

100-562, Sec. 2(c), (d), 102

Stat. 2824.

15:1397(c)(1). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

108(c)(1), (i); added Oct.

31, 1988, Pub. L. 100-562,

Sec. 2(b), 102 Stat. 2818,

2823.

30112(b) 15:1397(a)(2)(D), Sept. 9, 1966, Pub. L.

(1)-(3) (b)(1) (1st 89-563, Sec. 108(a)(2)(D),

sentence), (2). (b)(1) (1st sentence), (2),

80 Stat. 722; Oct. 27, 1974,

Pub. L. 93-492, Sec.

103(a)(1), 88 Stat. 1477,

1478.

15:1397(b)(3). Sept. 9, 1966, Pub. L.

89-563, Sec. 108(b)(3), 80

Stat. 723; Oct. 27, 1974,

Pub. L. 93-492, Sec.

103(a)(1)(B), 88 Stat. 1478;

Oct. 31, 1988, Pub. L.

100-562, Sec. 2(a), 102

Stat. 2818.

30112(b) (no source).

(4)-(8)

30112(b)(9) 15:1397(i).

--------------------------------------------------------------------

In subsection (a), the words "Except as provided in this section

. . . and subchapter III of this chapter" are substituted for

15:1397(c)(1) to eliminate unnecessary words and because of the

restatement. The reference to section 30113 is added for clarity.

In subsection (b), before clause (1), the text of

15:1397(a)(2)(D) is omitted as obsolete because under section 30124

of the revised title a standard prescribed under this chapter may

not allow compliance by use of a safety belt interlock or a

continuous buzzer. In clause (2)(A), the words "despite exercising

reasonable care" are substituted for "in the exercise of due care"

for clarity and consistency in the revised title. The words "motor

vehicle safety standards prescribed under this chapter" are

substituted for "Federal motor vehicle safety standards" for

clarity and consistency in this chapter. In clause (2)(B), the

words "without knowing about the noncompliance" are substituted for

"unless such person knows that such vehicle or equipment does not

so conform" to eliminate unnecessary words and for consistency in

the revised title. Clauses (4)-(8) are added to provide

cross-references to sections restating exceptions to the general

rule restated in subsection (a) of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30114, 30141, 30142,

30143, 30144, 30145, 30165 of this title.

-End-

-CITE-

49 USC Sec. 30113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30113. General exemptions

-STATUTE-

(a) Definition. - In this section, "low-emission motor vehicle"

means a motor vehicle meeting the standards for new motor vehicles

applicable to the vehicle under section 202 of the Clean Air Act

(42 U.S.C. 7521) when the vehicle is manufactured and emitting an

air pollutant in an amount significantly below one of those

standards.

(b) Authority To Exempt and Procedures. - (1) The Secretary of

Transportation may exempt, on a temporary basis, motor vehicles

from a motor vehicle safety standard prescribed under this chapter

or passenger motor vehicles from a bumper standard prescribed under

chapter 325 of this title, on terms the Secretary considers

appropriate. An exemption may be renewed. A renewal may be granted

only on reapplication and must conform to the requirements of this

subsection.

(2) The Secretary may begin a proceeding under this subsection

when a manufacturer applies for an exemption or a renewal of an

exemption. The Secretary shall publish notice of the application

and provide an opportunity to comment. An application for an

exemption or for a renewal of an exemption shall be filed at a time

and in the way, and contain information, this section and the

Secretary require.

(3) The Secretary may act under this subsection on finding that -

(A) an exemption is consistent with the public interest and

this chapter or chapter 325 of this title (as applicable); and

(B)(i) compliance with the standard would cause substantial

economic hardship to a manufacturer that has tried to comply with

the standard in good faith;

(ii) the exemption would make easier the development or field

evaluation of a new motor vehicle safety feature providing a

safety level at least equal to the safety level of the standard;

(iii) the exemption would make the development or field

evaluation of a low-emission motor vehicle easier and would not

unreasonably lower the safety level of that vehicle; or

(iv) compliance with the standard would prevent the

manufacturer from selling a motor vehicle with an overall safety

level at least equal to the overall safety level of nonexempt

vehicles.

(c) Contents of Applications. - A manufacturer applying for an

exemption under subsection (b) of this section shall include the

following information in the application:

(1) if the application is made under subsection (b)(3)(B)(i) of

this section, a complete financial statement describing the

economic hardship and a complete description of the

manufacturer's good faith effort to comply with each motor

vehicle safety standard prescribed under this chapter, or a

bumper standard prescribed under chapter 325 of this title, from

which the manufacturer is requesting an exemption.

(2) if the application is made under subsection (b)(3)(B)(ii)

of this section, a record of the research, development, and

testing establishing the innovative nature of the safety feature

and a detailed analysis establishing that the safety level of the

feature at least equals the safety level of the standard.

(3) if the application is made under subsection (b)(3)(B)(iii)

of this section, a record of the research, development, and

testing establishing that the motor vehicle is a low-emission

motor vehicle and that the safety level of the vehicle is not

lowered unreasonably by exemption from the standard.

(4) if the application is made under subsection (b)(3)(B)(iv)

of this section, a detailed analysis showing how the vehicle

provides an overall safety level at least equal to the overall

safety level of nonexempt vehicles.

(d) Eligibility. - A manufacturer is eligible for an exemption

under subsection (b)(3)(B)(i) of this section (including an

exemption under subsection (b)(3)(B)(i) relating to a bumper

standard referred to in subsection (b)(1)) only if the Secretary

determines that the manufacturer's total motor vehicle production

in the most recent year of production is not more than 10,000. A

manufacturer is eligible for an exemption under subsection

(b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary

determines the exemption is for not more than 2,500 vehicles to be

sold in the United States in any 12-month period.

(e) Maximum Period. - An exemption or renewal under subsection

(b)(3)(B)(i) of this section may be granted for not more than 3

years. An exemption or renewal under subsection (b)(3)(B)(ii),

(iii), or (iv) of this section may be granted for not more than 2

years.

(f) Disclosure. - The Secretary may make public, by the 10th day

after an application is filed, information contained in the

application or relevant to the application unless the information

concerns or is related to a trade secret or other confidential

information not relevant to the application.

(g) Notice of Decision. - The Secretary shall publish in the

Federal Register a notice of each decision granting an exemption

under this section and the reasons for granting it.

(h) Permanent Label Requirement. - The Secretary shall require a

permanent label to be fixed to a motor vehicle granted an exemption

under this section. The label shall either name or describe each

motor vehicle safety standard prescribed under this chapter or

bumper standard prescribed under chapter 325 of this title from

which the vehicle is exempt. The Secretary may require that written

notice of an exemption be delivered by appropriate means to the

dealer and the first purchaser of the vehicle other than for

resale.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 945; Pub. L.

105-277, div. A, Sec. 101(g) [title III, Sec. 351(a)], Oct. 21,

1998, 112 Stat. 2681-439, 2681-475.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30113(a) 15:1410(g). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

123; added Apr. 10, 1968,

Pub. L. 90-283, 82 Stat. 72;

restated Oct. 25, 1972, Pub.

L. 92-548, Sec. 3, 86 Stat.

1159.

30113(b) 15:1410(a) (1st

sentence), (c)(1)

(23d-last words),

(2) (23d-last

words).

30113(c) 15:1410(e).

30113(d) 15:1410(d).

30113(e) 15:1410(c)(1)

(1st-22d words),

(2) (1st-22d words).

30113(f) 15:1410(f).

30113(g) 15:1410(a) (last

sentence).

30113(h) 15:1410(b).

--------------------------------------------------------------------

In subsection (a), the words "the term" and "type of" are omitted

as surplus. The words "when the vehicle is manufactured" are

substituted for "at the time of manufacture" for consistency.

In subsection (b)(1), the words "Except as provided in subsection

(d) of this section" are omitted as surplus. The words "to such

extent" are omitted as being included in "on terms the Secretary

considers appropriate".

In subsection (b)(2), the words "The Secretary may begin a

proceeding under this subsection . . . for an exemption or a

renewal of an exemption" are added because of the restatement. The

words "of the application" are added for clarity. The words "An

application for an exemption or for a renewal of an exemption shall

be filed" are added because of the restatement.

In subsection (b)(3)(A), the words "such temporary" and "the

objectives of" are omitted as surplus.

In subsection (b)(3)(B)(i), the words "to a manufacturer that"

are substituted for "such manufacturer . . . and that the

manufacturer" to eliminate unnecessary words. The words "from which

it requests to be exempted" are omitted as surplus.

In subsection (b)(3)(B)(ii), the words "from which an exemption

is sought" are omitted as surplus.

In subsection (b)(3)(B)(iii), the words "lower the safety level"

are substituted for "degrade the safety" for clarity.

In subsection (b)(3)(B)(iv), the word "requiring" is omitted as

surplus.

In subsection (c), before clause (1), the words "the following

information" are added for clarity. In clause (1), the word

"describing" is substituted for "the basis of showing" to eliminate

unnecessary words. The words "each motor vehicle safety standard

prescribed under this chapter from which the manufacturer is

requesting an exemption" are substituted for "the standards" for

clarity. In clauses (2) and (3), the words "a record" are

substituted for "documentation" for consistency in the revised

title. In clause (2), the words "establishing that the safety level

of the feature at least equals the safety level of the standard"

are substituted for "establishing that the level of safety of the

new safety feature is equivalent to or exceeds the level of safety

established in the standard from which the exemption is sought"

because of the restatement. In clause (3), the word "level" is

added, and the words "lowered . . . by exemption from the standard"

are substituted for "degraded", for consistency in this section. In

clause (4), the words "at least equal to" are substituted for

"equivalent to or exceeding" for consistency.

In subsection (f), the text of 15:1410(f) (1st sentence) is

omitted as executed. The words "under this section all" and "other

information" are omitted as surplus. The words "to the application"

are substituted for "thereto" for clarity. The words "business" and

"for exemption" are omitted as surplus.

In subsection (g), the words "The Secretary" are added for

clarity. The word "temporary" is omitted as surplus. The words

"under this section" are added for clarity.

In subsection (h), the words "a . . . label to be fixed to a

motor vehicle granted an exemption under this section" are

substituted for "labeling of each exempted motor vehicle . . . and

be affixed to such exempted vehicles" for clarity. The words "of

such exempted motor vehicle in such manner as he deems" are omitted

as surplus. The words "motor vehicle safety standard prescribed

under this chapter" are substituted for "the standards" for clarity

and consistency in this chapter.

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-277, Sec. 101(g) [title III,

Sec. 351(a)(1)(A)], inserted "or passenger motor vehicles from a

bumper standard prescribed under chapter 325 of this title," after

"a motor vehicle safety standard prescribed under this chapter".

Subsec. (b)(3)(A). Pub. L. 105-277, Sec. 101(g) [title III, Sec.

351(a)(1)(B)], inserted "or chapter 325 of this title (as

applicable)" after "this chapter".

Subsec. (c)(1). Pub. L. 105-277, Sec. 101(g) [title III, Sec.

351(a)(2)], inserted ", or a bumper standard prescribed under

chapter 325 of this title," after "motor vehicle safety standard

prescribed under this chapter".

Subsec. (d). Pub. L. 105-277, Sec. 101(g) [title III, Sec.

351(a)(3)], inserted "(including an exemption under subsection

(b)(3)(B)(i) relating to a bumper standard referred to in

subsection (b)(1))" after "subsection (b)(3)(B)(i) of this

section".

Subsec. (h). Pub. L. 105-277, Sec. 101(g) [title III, Sec.

351(a)(4)], inserted "or bumper standard prescribed under chapter

325 of this title" after "each motor vehicle safety standard

prescribed under this chapter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 32502 of this

title.

-End-

-CITE-

49 USC Sec. 30114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30114. Special exemptions

-STATUTE-

The Secretary of Transportation may exempt a motor vehicle or

item of motor vehicle equipment from section 30112(a) of this title

on terms the Secretary decides are necessary for research,

investigations, demonstrations, training, competitive racing

events, show, or display.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 947; Pub. L.

105-178, title VII, Sec. 7107(a), June 9, 1998, 112 Stat. 469.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30114 15:1397(j). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

108(j); added Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2824.

--------------------------------------------------------------------

The word "conditions" is omitted as being included in "terms",

and the word "studies" is omitted as being included in "research".

The word "solely" is omitted as unnecessary.

AMENDMENTS

1998 - Pub. L. 105-178 substituted "competitive racing events,

show, or display" for "or competitive racing events".

TRANSITION RULE

Pub. L. 105-178, title VII, Sec. 7107(b), June 9, 1998, 112 Stat.

469, provided that: "A person who is the owner of a motor vehicle

located in the United States on the date of enactment of this Act

[June 9, 1998] may seek an exemption under section 30114 of title

49, United States Code, as amended by subsection (a) of this

section, for a period of 6 months after the date regulations of the

Secretary of Transportation promulgated in response to such

amendment take effect."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30112 of this title.

-End-

-CITE-

49 USC Sec. 30115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30115. Certification of compliance

-STATUTE-

(a) In General. - A manufacturer or distributor of a motor

vehicle or motor vehicle equipment shall certify to the distributor

or dealer at delivery that the vehicle or equipment complies with

applicable motor vehicle safety standards prescribed under this

chapter. A person may not issue the certificate if, in exercising

reasonable care, the person has reason to know the certificate is

false or misleading in a material respect. Certification of a

vehicle must be shown by a label or tag permanently fixed to the

vehicle. Certification of equipment may be shown by a label or tag

on the equipment or on the outside of the container in which the

equipment is delivered.

(b) Certification Label. - In the case of the certification label

affixed by an intermediate or final stage manufacturer of a motor

vehicle built in more than 1 stage, each intermediate or final

stage manufacturer shall certify with respect to each applicable

Federal motor vehicle safety standard -

(1) that it has complied with the specifications set forth in

the compliance documentation provided by the incomplete motor

vehicle manufacturer in accordance with regulations prescribed by

the Secretary; or

(2) that it has elected to assume responsibility for compliance

with that standard.

If the intermediate or final stage manufacturer elects to assume

responsibility for compliance with the standard covered by the

documentation provided by an incomplete motor vehicle manufacturer,

the intermediate or final stage manufacturer shall notify the

incomplete motor vehicle manufacturer in writing within a

reasonable time of affixing the certification label. A violation of

this subsection shall not be subject to a civil penalty under

section 30165.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 947; Pub. L.

106-414, Sec. 9, Nov. 1, 2000, 114 Stat. 1805.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30115 15:1397(a)(1)(C), Sept. 9, 1966, Pub. L.

(E) (related to 89-563, Sec. 108(a)(1)(C),

15:1403). (E) (related to Sec. 114),

80 Stat. 722; Oct. 27, 1974,

Pub. L. 93-492, Sec.

103(a)(1)(A), (2)(B), 88

Stat. 1477, 1478.

15:1403. Sept. 9, 1966, Pub. L.

89-563, Sec. 114, 80 Stat.

726.

--------------------------------------------------------------------

The words "fail to issue a certificate required by section 1403

of this title" in 15:1397(a)(1)(C) and the text of 15:1397(a)(1)(E)

(related to 15:1403) are omitted as surplus. The word "certify" is

substituted for "furnish . . . the certification" in 15:1403 to

eliminate unnecessary words. The words "the time of" and "of such

vehicle or equipment by such manufacturer or distributor" are

omitted as surplus. The words "prescribed under this chapter" are

added for clarity. The word "reasonable" is substituted for "due"

in 15:1397(a)(1)(C) for consistency in the revised title. The words

"to the effect that a motor vehicle or item of motor vehicle

equipment conforms to all applicable Federal motor vehicle safety

standards" are omitted because of the restatement. The words "shown

by" are substituted for "in the form of" in 15:1403 for clarity.

AMENDMENTS

2000 - Pub. L. 106-414 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

FOLLOW-UP REPORT

Pub. L. 106-414, Sec. 16, Nov. 1, 2000, 114 Stat. 1808, provided

that: "One year after the date of the enactment of this Act [Nov.

1, 2000], the Secretary of Transportation shall report to the

Congress on the implementation of the amendments made by this Act

[see Short Title of 2000 Amendment note set out under section 30101

of this title] and any recommendations for additional amendments

for consumer safety."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 30141, 30165 of

this title.

-End-

-CITE-

49 USC Sec. 30116 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30116. Defects and noncompliance found before sale to

purchaser

-STATUTE-

(a) Actions Required of Manufacturers and Distributors. - If,

after a manufacturer or distributor sells a motor vehicle or motor

vehicle equipment to a distributor or dealer and before the

distributor or dealer sells the vehicle or equipment, it is decided

that the vehicle or equipment contains a defect related to motor

vehicle safety or does not comply with applicable motor vehicle

safety standards prescribed under this chapter -

(1) the manufacturer or distributor immediately shall

repurchase the vehicle or equipment at the price paid by the

distributor or dealer, plus transportation charges and reasonable

reimbursement of at least one percent a month of the price paid

prorated from the date of notice of noncompliance or defect to

the date of repurchase; or

(2) if a vehicle, the manufacturer or distributor immediately

shall give to the distributor or dealer at the manufacturer's or

distributor's own expense, the part or equipment needed to make

the vehicle comply with the standards or correct the defect.

(b) Distributor or Dealer Installation. - The distributor or

dealer shall install the part or equipment referred to in

subsection (a)(2) of this section. If the distributor or dealer

installs the part or equipment with reasonable diligence after it

is received, the manufacturer shall reimburse the distributor or

dealer for the reasonable value of the installation and a

reasonable reimbursement of at least one percent a month of the

manufacturer's or distributor's selling price prorated from the

date of notice of noncompliance or defect to the date the motor

vehicle complies with applicable motor vehicle safety standards

prescribed under this chapter or the defect is corrected.

(c) Establishing Amount Due and Civil Actions. - The parties

shall establish the value of installation and the amount of

reimbursement under this section. If the parties do not agree, or

if a manufacturer or distributor refuses to comply with subsection

(a) or (b) of this section, the distributor or dealer purchasing

the motor vehicle or motor vehicle equipment may bring a civil

action. The action may be brought in a United States district court

for the judicial district in which the manufacturer or distributor

resides, is found, or has an agent, to recover damages, court

costs, and a reasonable attorney's fee. An action under this

section must be brought not later than 3 years after the claim

accrues.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30116(a) 15:1400(a) (less Sept. 9, 1966, Pub. L.

(2) (last 97 89-563, Sec. 111, 80 Stat.

words)). 724.

30116(b) 15:1400(a)(2) (last

97 words).

30116(c) 15:1400(b), (c).

--------------------------------------------------------------------

In subsection (a)(1), the words "as the case may be", "from such

distributor or dealer", "all . . . involved", and "by the

manufacturer or distributor" are omitted as surplus.

In subsection (a)(2), the words "manufacturer's or distributor's"

are substituted for "his" for clarity. The words "or parts" are

omitted because of 1:1. The words "the vehicle comply with the

standards or correct the defect" are substituted for "conforming"

for clarity.

In subsection (b), the words "the part or equipment referred to

in subsection (a)(2) of this section" are added because of the

restatement. The words "If the distributor or dealer installs the

part or equipment with reasonable diligence after it is received,

the manufacturer shall reimburse the distributor or dealer" are

substituted for "and for the installation involved the manufacturer

shall reimburse such distributor or dealer . . . Provided, however,

That the distributor or dealer proceeds with reasonable diligence

with the installation after the required part, parts or equipment

are received" to eliminate unnecessary words. The words "on or in

such vehicle" are omitted as surplus. The words "notice of

noncompliance or defect" are substituted for "notice of such

nonconformance", and the words "complies with applicable motor

vehicle safety standards prescribed under this chapter or the

defect is corrected" are substituted for "is brought into

conformance with applicable Federal standards", to eliminate

unnecessary words and for consistency in the revised title.

In subsection (c), the words "the amount of reimbursement" are

substituted for "such reasonable reimbursements" for clarity and

because of the restatement. The words "by mutual agreement" are

omitted as surplus. The words "If the parties do not agree" are

substituted for "or failing such agreement", and the words "by the

court pursuant to the provisions of subsection (b) of this section"

are omitted, because of the restatement. The words "the

requirements of", "then", "as the case may be", and "without

respect to the amount in controversy" are omitted as surplus. The

words "civil action" are substituted for "suit" because of rule 2

of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words

"against such manufacturer or distributor" are omitted as surplus.

The word "judicial" is added for consistency. The words "to recover

damages, court costs, and a reasonable attorney's fee" are

substituted for "and shall recover the damage by him sustained, as

well as all court costs plus reasonable attorneys' fees", and the

words "must be brought" are substituted for "shall be forever

barred unless commenced", to eliminate unnecessary words. The word

"claim" is substituted for "cause of action" for consistency.

-End-

-CITE-

49 USC Sec. 30117 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30117. Providing information to, and maintaining records on,

purchasers

-STATUTE-

(a) Providing Information and Notice. - The Secretary of

Transportation may require that each manufacturer of a motor

vehicle or motor vehicle equipment provide technical information

related to performance and safety required to carry out this

chapter. The Secretary may require the manufacturer to give the

following notice of that information when the Secretary decides it

is necessary:

(1) to each prospective purchaser of a vehicle or equipment

before the first sale other than for resale at each location at

which the vehicle or equipment is offered for sale by a person

having a legal relationship with the manufacturer, in a way the

Secretary decides is appropriate.

(2) to the first purchaser of a vehicle or equipment other than

for resale when the vehicle or equipment is bought, in printed

matter placed in the vehicle or attached to or accompanying the

equipment.

(b) Maintaining Purchaser Records and Procedures. - (1) A

manufacturer of a motor vehicle or tire (except a retreaded tire)

shall cause to be maintained a record of the name and address of

the first purchaser of each vehicle or tire it produces and, to the

extent prescribed by regulations of the Secretary, shall cause to

be maintained a record of the name and address of the first

purchaser of replacement equipment (except a tire) that the

manufacturer produces. The Secretary may prescribe by regulation

the records to be maintained and reasonable procedures for

maintaining the records under this subsection, including procedures

to be followed by distributors and dealers to assist the

manufacturer in obtaining the information required by this

subsection. A procedure shall be reasonable for the type of vehicle

or tire involved, and shall provide reasonable assurance that a

customer list of a distributor or dealer, or similar information,

will be made available to a person (except the distributor or

dealer) only when necessary to carry out this subsection and

sections 30118-30121, 30166(f), and 30167(a) and (b) of this title.

Availability of assistance from a distributor or dealer does not

affect an obligation of a manufacturer under this subsection.

(2)(A) Except as provided in paragraph (3) of this subsection,

the Secretary may require a distributor or dealer to maintain a

record under paragraph (1) of this subsection only if the business

of the distributor or dealer is owned or controlled by a

manufacturer of tires.

(B) The Secretary shall require each distributor and dealer whose

business is not owned or controlled by a manufacturer of tires to

give a registration form (containing the tire identification

number) to the first purchaser of a tire. The Secretary shall

prescribe the form, which shall be standardized for all tires and

designed to allow the purchaser to complete and return it directly

to the manufacturer of the tire. The manufacturer shall give

sufficient copies of forms to distributors and dealers.

(3)(A) The Secretary shall evaluate from time to time how

successful the procedures under paragraph (2) of this subsection

have been in helping to maintain records about first purchasers of

tires. After each evaluation, the Secretary shall decide -

(i) the extent to which distributors and dealers have complied

with the procedures;

(ii) the extent to which distributors and dealers have

encouraged first purchasers of tires to register the tires; and

(iii) whether to prescribe for manufacturers, distributors, or

dealers other requirements that the Secretary decides will

increase significantly the percentage of first purchasers of

tires about whom records are maintained.

(B) The Secretary may prescribe a requirement under subparagraph

(A) of this paragraph only if the Secretary decides it is necessary

to reduce the risk to motor vehicle safety, after considering -

(i) the cost of the requirement to manufacturers and the burden

of the requirement on distributors and dealers, compared to the

increase in the percentage of first purchasers of tires about

whom records would be maintained as a result of the requirement;

(ii) the extent to which distributors and dealers have complied

with the procedures in paragraph (2) of this subsection; and

(iii) the extent to which distributors and dealers have

encouraged first purchasers of tires to register the tires.

(C) A manufacturer of tires shall reimburse distributors and

dealers of that manufacturer's tires for all reasonable costs

incurred by the distributors and dealers in complying with a

requirement prescribed by the Secretary under subparagraph (A) of

this paragraph.

(D) After making a decision under subparagraph (A) of this

paragraph, the Secretary shall submit to each House of Congress a

report containing a detailed statement of the decision and an

explanation of the reasons for the decision.

(c) Rollover Tests. -

(1) Development. - Not later than 2 years from the date of the

enactment of this subsection, the Secretary shall -

(A) develop a dynamic test on rollovers by motor vehicles for

the purposes of a consumer information program; and

(B) carry out a program of conducting such tests.

(2) Test results. - As the Secretary develops a test under

paragraph (1)(A), the Secretary shall conduct a rulemaking to

determine how best to disseminate test results to the public.

(3) Motor vehicles covered. - This subsection applies to motor

vehicles, including passenger cars, multipurpose passenger

vehicles, and trucks, with a gross vehicle weight rating of

10,000 pounds or less. A motor vehicle designed to provide

temporary residential accommodations is not covered.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 948; Pub. L.

106-414, Sec. 12, Nov. 1, 2000, 114 Stat. 1806.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30117(a) 15:1397(a)(1)(B), Sept. 9, 1966, Pub. L.

(E) (as 89-563, Sec. 108(a)(1)(B)

1397(a)(1)(B), (E) (related to Sec. 112(d)),

relates to (D) (related to Sec.

15:1401(d)). 158(b)), (E) (related to

Sec. 112(d)), 80 Stat. 722;

Oct. 27, 1974, Pub. L.

93-492, Sec. 103(a)(1)(A),

(2), (3), 88 Stat. 1477,

1478.

15:1401(d). Sept. 9, 1966, Pub. L.

89-563, Sec. 112(d), 80

Stat. 725; May 22, 1970,

Pub. L. 91-265, Sec. 3, 84

Stat. 262.

30117(b) 15:1397(a)(1)(D)

(related to

15:1418(b)).

15:1418(b)(1). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

158(b)(1); added Oct. 27,

1974, Pub. L. 93-492, Sec.

102(a), 88 Stat. 1476; Nov.

6, 1978, Pub. L. 95-599,

Sec. 317, 92 Stat. 2752;

Oct. 15, 1982, Pub. L.

97-331, Sec. 4(a)(1), 96

Stat. 1619.

15:1418(b)(2), (3). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

158(b)(2), (3); added Oct.

15, 1982, Pub. L. 97-331,

Sec. 4(a)(2), 96 Stat. 1620.

--------------------------------------------------------------------

In this section, the text of 15:1397(a)(1)(B) (related to

15:1401(d)), (D) (related to 15:1418(b)), and (E) (related to

15:1401(d)) is omitted as surplus.

In subsection (a), before clause (1), the words "such performance

data and other", "as may be", "the purposes of", "performance and

technical", and "to carry out the purposes of this chapter" the 2d

time they appear are omitted as surplus. In clause (1), the words

"such manufacturer's" and "which may include, but is not limited

to, printed matter (A) available for retention by such prospective

purchaser and (B) sent by mail to such prospective purchaser upon

his request" are omitted as surplus. The words "legal relationship"

are substituted for "contractual, proprietary, or other legal

relationship" to eliminate unnecessary words.

In subsection (b)(1), the word "cause to be maintained" is

substituted for "cause the establishment and maintenance of" to

eliminate unnecessary words. The words "prescribe by regulation"

are substituted for "by rule, specify" for consistency and because

"rule" and "regulation" are synonymous. The words "under this

subsection" are added for clarity. The word "involved" is

substituted for "for which they are prescribed" to eliminate

unnecessary words. The words "the purpose of" and "except that . .

. or not" are omitted as surplus. The words "from a distributor or

dealer" are added for clarity.

In subsection (b)(3)(A), before clause (i), the words "At the end

of the two-year period following the effective date of this

paragraph" are omitted as expired. In clause (iii), the words "(or

any combination of such groups)" are omitted as unnecessary.

In subsection (b)(3)(B), before clause (i), the words "may

prescribe a requirement" are substituted for "may order by rule the

imposition of requirements" for consistency and to eliminate

unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this subsection, referred to in

subsec. (c)(1), is the date of enactment of Pub. L. 106-414, which

was approved Nov. 1, 2000.

-MISC2-

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-414 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30102, 30103, 30141,

30147, 30165, 30166, 30167 of this title.

-End-

-CITE-

49 USC Sec. 30118 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30118. Notification of defects and noncompliance

-STATUTE-

(a) Notification by Secretary. - The Secretary of Transportation

shall notify the manufacturer of a motor vehicle or replacement

equipment immediately after making an initial decision (through

testing, inspection, investigation, or research carried out under

this chapter, examining communications under section 30166(f) of

this title, or otherwise) that the vehicle or equipment contains a

defect related to motor vehicle safety or does not comply with an

applicable motor vehicle safety standard prescribed under this

chapter. The notification shall include the information on which

the decision is based. The Secretary shall publish a notice of each

decision under this subsection in the Federal Register. Subject to

section 30167(a) of this title, the notification and information

are available to any interested person.

(b) Defect and Noncompliance Proceedings and Orders. - (1) The

Secretary may make a final decision that a motor vehicle or

replacement equipment contains a defect related to motor vehicle

safety or does not comply with an applicable motor vehicle safety

standard prescribed under this chapter only after giving the

manufacturer an opportunity to present information, views, and

arguments showing that there is no defect or noncompliance or that

the defect does not affect motor vehicle safety. Any interested

person also shall be given an opportunity to present information,

views, and arguments.

(2) If the Secretary decides under paragraph (1) of this

subsection that the vehicle or equipment contains the defect or

does not comply, the Secretary shall order the manufacturer to -

(A) give notification under section 30119 of this title to the

owners, purchasers, and dealers of the vehicle or equipment of

the defect or noncompliance; and

(B) remedy the defect or noncompliance under section 30120 of

this title.

(c) Notification by Manufacturer. - A manufacturer of a motor

vehicle or replacement equipment shall notify the Secretary by

certified mail, and the owners, purchasers, and dealers of the

vehicle or equipment as provided in section 30119(d) of this

section, if the manufacturer -

(1) learns the vehicle or equipment contains a defect and

decides in good faith that the defect is related to motor vehicle

safety; or

(2) decides in good faith that the vehicle or equipment does

not comply with an applicable motor vehicle safety standard

prescribed under this chapter.

(d) Exemptions. - On application of a manufacturer, the Secretary

shall exempt the manufacturer from this section if the Secretary

decides a defect or noncompliance is inconsequential to motor

vehicle safety. The Secretary may take action under this subsection

only after notice in the Federal Register and an opportunity for

any interested person to present information, views, and arguments.

(e) Hearings About Meeting Notification Requirements. - On the

motion of the Secretary or on petition of any interested person,

the Secretary may conduct a hearing to decide whether the

manufacturer has reasonably met the notification requirements under

this section. Any interested person may make written and oral

presentations of information, views, and arguments on whether the

manufacturer has reasonably met the notification requirements. If

the Secretary decides that the manufacturer has not reasonably met

the notification requirements, the Secretary shall order the

manufacturer to take specified action to meet those requirements

and may take any other action authorized under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 950; Pub. L.

106-346, Sec. 101(a) [title III, Sec. 364], Oct. 23, 2000, 114

Stat. 1356, 1356A-37; Pub. L. 106-414, Sec. 2, Nov. 1, 2000, 114

Stat. 1800.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30118(a) 15:1397(a)(1)(D) Sept. 9, 1966, Pub. L.

(related to 89-563, Sec. 108(a)(1)(D)

15:1412(a) (1st-3d (related to Secs. 151, 152,

sentences)). 153(c) (1st sentence cl.

(6)), 156, 157), 80 Stat.

722; restated Oct. 27, 1974,

Pub. L. 93-492, Sec.

103(a)(1)(A), (3), 88 Stat.

1477, 1478.

15:1412(a) (1st-3d Sept. 9, 1966, Pub. L.

sentences). 89-563, 80 Stat. 718, Secs.

151, 152, 156 (related to

notice), 157 (related to

notice); added Oct. 27,

1974, Pub. L. 93-492, Sec.

102(a), 88 Stat. 1470, 1475.

30118(b) 15:1397(a)(1)(D)

(related to

15:1412(a) (last

sentence), (b)).

15:1412(a) (last

sentence), (b).

30118(c) 15:1397(a)(1)(D)

(related to

15:1411, 1413(c)

(1st sentence cl.

(6))).

15:1411.

15:1413(c) (1st Sept. 9, 1966, Pub. L.

sentence cl. (6)). 89-563, 80 Stat. 718, Sec.

153(c) (1st sentence cl.

(6)); added Oct. 27, 1974,

Pub. L. 93-492, Sec. 102(a),

88 Stat. 1472; Oct. 15,

1982, Pub. L. 97-331, Sec.

4(b)(2), 96 Stat. 1620.

30118(d) 15:1397(a)(1)(D)

(related to

15:1417).

15:1417 (related to

notice).

30118(e) 15:1397(a)(1)(D)

(related to

15:1416).

15:1416 (related to

notice).

--------------------------------------------------------------------

In this section, the text of 15:1397(a)(1)(D) (related to

15:1411, 1412, 1413(c) (1st sentence cl. (6)), and 1417) is omitted

as surplus.

In subsection (a), the words "making an initial decision" are

substituted for "determines" to distinguish the decision from the

decision made under subsection (b) of this section. The words "of

such determination", "to the manufacturer", and "of the Secretary"

are omitted as surplus. The words "under this subsection" are added

for clarity.

In subsection (b)(1), the words "may make a final decision" are

substituted for "determines", and the words "prescribed under this

chapter" are added, for clarity and consistency in this chapter.

In subsection (b)(2), before clause (A), the words "If the

Secretary decides under paragraph (1) of this subsection that the

vehicle or equipment contains a defect or does not comply" are

added for clarity and because of the restatement. The words "after

such presentations by the manufacturer and interested persons" are

omitted as surplus. In clause (A), the words "of the defect or

noncompliance" are added for clarity.

In subsection (c), before clause (1), the words "A manufacturer

of a motor vehicle or replacement equipment" are substituted for

"manufactured by him" in 15:1411 for clarity. The words "shall

notify" are substituted for "he shall furnish notification to" to

eliminate unnecessary words. The words "to the Secretary, if

section 1411 of this title applies" in 15:1413(c) (1st sentence cl.

(6)) are omitted because of the restatement. The words "of the

vehicle or equipment" are added for clarity. The words "and he

shall remedy the defect or failure to comply in accordance with

section 1414 of this title" in 15:1411 are omitted as unnecessary

because of the source provisions restated in section 30120 of the

revised title.

In subsection (d), the words "any requirement under", "to give

notice with respect to", and "as it relates" are omitted as

surplus. The words "The Secretary may take action under this

subsection only" are added because of the restatement.

In subsection (e), the words "(including a manufacturer)" are

omitted as surplus. The word "information" is substituted for

"data" for consistency in the revised title.

AMENDMENTS

2000 - Pub. L. 106-346, Sec. 101(a) [title III, Sec. 364], which

directed amendment of this section in subsecs. (a), (b)(1), and

(c), by inserting ", original equipment," before "or replacement

equipment" wherever appearing, and in subsec. (c), by redesignating

pars. (1) and (2) as subpars. (A) and (B), respectively, and

realigning margins, by substituting "(1) In general. - A

manufacturer" for "A manufacturer", and by adding a new par (2)

relating to duty of manufacturers, was repealed by Pub. L. 106-414,

Sec. 2. See Construction of 2000 Amendment note below.

CONSTRUCTION OF 2000 AMENDMENT

Pub. L. 106-414, Sec. 2, Nov. 1, 2000, 114 Stat. 1800, provided

that: "The amendments made to section 30118 of title 49, United

States Code, by section 364 of the Department of Transportation and

Related Agencies Appropriations Act, 2001 [Pub. L. 106-346, Sec.

101(a) [title III, Sec. 364], Oct. 23, 2000, 114 Stat. 1356,

1356A-37] are repealed and such section shall be effective as if

such amending section had not been enacted."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30102, 30103, 30117,

30119, 30120, 30121, 30141, 30146, 30147, 30162, 30163, 30165,

30166, 30167 of this title.

-End-

-CITE-

49 USC Sec. 30119 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30119. Notification procedures

-STATUTE-

(a) Contents of Notification. - Notification by a manufacturer

required under section 30118 of this title of a defect or

noncompliance shall contain -

(1) a clear description of the defect or noncompliance;

(2) an evaluation of the risk to motor vehicle safety

reasonably related to the defect or noncompliance;

(3) the measures to be taken to obtain a remedy of the defect

or noncompliance;

(4) a statement that the manufacturer giving notice will remedy

the defect or noncompliance without charge under section 30120 of

this title;

(5) the earliest date on which the defect or noncompliance will

be remedied without charge, and for tires, the period during

which the defect or noncompliance will be remedied without charge

under section 30120 of this title;

(6) the procedure the recipient of a notice is to follow to

inform the Secretary of Transportation when a manufacturer,

distributor, or dealer does not remedy the defect or

noncompliance without charge under section 30120 of this title;

and

(7) other information the Secretary prescribes by regulation.

(b) Earliest Remedy Date. - The date specified by a manufacturer

in a notification under subsection (a)(5) of this section or

section 30121(c)(2) of this title is the earliest date that parts

and facilities reasonably can be expected to be available to remedy

the defect or noncompliance. The Secretary may disapprove the date.

(c) Time for Notification. - Notification required under section

30118 of this title shall be given within a reasonable time -

(1) prescribed by the Secretary, after the manufacturer

receives notice of a final decision under section 30118(b) of

this title; or

(2) after the manufacturer first decides that a safety-related

defect or noncompliance exists under section 30118(c) of this

title.

(d) Means of Providing Notification. - (1) Notification required

under section 30118 of this title about a motor vehicle shall be

sent by first class mail -

(A) to each person registered under State law as the owner and

whose name and address are reasonably ascertainable by the

manufacturer through State records or other available sources; or

(B) if a registered owner is not notified under clause (A) of

this paragraph, to the most recent purchaser known to the

manufacturer.

(2) Notification required under section 30118 of this title about

replacement equipment (except a tire) shall be sent by first class

mail to the most recent purchaser known to the manufacturer. In

addition, if the Secretary decides that public notice is required

for motor vehicle safety, public notice shall be given in the way

required by the Secretary after consulting with the manufacturer.

(3) Notification required under section 30118 of this title about

a tire shall be sent by first class mail (or, if the manufacturer

prefers, by certified mail) to the most recent purchaser known to

the manufacturer. In addition, if the Secretary decides that public

notice is required for motor vehicle safety, public notice shall be

given in the way required by the Secretary after consulting with

the manufacturer. In deciding whether public notice is required,

the Secretary shall consider -

(A) the magnitude of the risk to motor vehicle safety caused by

the defect or noncompliance; and

(B) the cost of public notice compared to the additional number

of owners the notice may reach.

(4) A dealer to whom a motor vehicle or replacement equipment was

delivered shall be notified by certified mail or quicker means if

available.

(e) Second Notification. - If the Secretary decides that a

notification sent by a manufacturer under this section has not

resulted in an adequate number of motor vehicles or items of

replacement equipment being returned for remedy, the Secretary may

order the manufacturer to send a 2d notification in the way the

Secretary prescribes by regulation.

(f) Notification by Lessor to Lessee. - (1) In this subsection,

"leased motor vehicle" means a motor vehicle that is leased to a

person for at least 4 months by a lessor that has leased at least 5

motor vehicles in the 12 months before the date of the

notification.

(2) A lessor that receives a notification required by section

30118 of this title about a leased motor vehicle shall provide a

copy of the notification to the lessee in the way the Secretary

prescribes by regulation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 951.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30119(a) 15:1397(a)(1)(D) Sept. 9, 1966, Pub. L.

(related to 89-563, Sec. 108(a)(1)(D)

15:1413(a)). (related to Secs. 153(a)-(c)

(1st sentence cls. (1)-(5),

last sentence), 154(b)(2)

(2d, last sentences)), 80

Stat. 722; restated Oct. 27,

1974, Pub. L. 93-492, Sec.

103(a)(1)(A), (3), 88 Stat.

1477, 1478.

15:1413(a). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Secs.

153(a), (b), 154(b)(2) (2d,

last sentences); added Oct.

27, 1974, Pub. L. 93-492,

Sec. 102(a), 88 Stat. 1471,

1473.

30119(b) 15:1397(a)(1)(D)

(related to

15:1414(b)(2) (2d,

last sentences)).

15:1414(b)(2) (2d,

last sentences).

30119(c) 15:1397(a)(1)(D)

(related to

15:1413(b)).

15:1413(b).

30119(d) 15:1397(a)(1)(D)

(related to

15:1413(c) (1st

sentence cls.

(1)-(5), last

sentence).

15:1413(c) (1st Sept. 9, 1966, Pub. L.

sentence cls. 89-563, 80 Stat. 718, Sec.

(1)-(5), last 153(c) (1st sentence cls.

sentence). (1)-(5), last sentence);

added Oct. 27, 1974, Pub. L.

93-492, Sec. 102(a), 88

Stat. 1471, 1472; Oct. 15,

1982, Pub. L. 97-331, Sec.

4(b), 96 Stat. 1620.

30119(e) 15:1413(d). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

153(d), (e); added Dec. 18,

1991, Pub. L. 102-240, Sec.

2504(a), 105 Stat. 2083.

30119(f) 15:1413(e).

--------------------------------------------------------------------

In this section, the text of 15:1397(a)(1)(D) (related to

15:1413(a)-(c) (1st sentence cls. (1)-(5), last sentence),

1414(b)(2) (2d, last sentences), and 1416) is omitted as surplus.

In subsection (a), before clause (1), the words "a motor vehicle

or item of replacement equipment" are omitted as surplus. The words

"by a manufacturer" are added for clarity. In clause (3), the words

"a statement of" are omitted as surplus. In clause (4), the word

"remedy" is substituted for "cause . . . to be remedied" to

eliminate unnecessary words. In clause (5), the words "(specified

in accordance with the second and third sentences of section

1414(b)(2) of this title)" are omitted as surplus. In clause (6),

the words "a description of" are omitted as surplus. The words

"under section 30120 of this title" are added for consistency with

the source provisions restated in this subsection. In clause (7),

the words "in addition to such . . . as" are omitted as surplus.

In subsection (b), the words "in a notification under subsection

(a)(5) of this section or section 30121(c) of this title" are

substituted for "In either case" because of the restatement. The

words "may disapprove" are substituted for "shall be subject to

disapproval by" to eliminate unnecessary words.

In subsection (c)(1), the words "Secretary's" and "that there is

a defect or failure to comply" are omitted as surplus. The word

"final" is added for clarity.

In subsection (c)(2), the words "decides that a safety-related

defect or noncompliance exists" are substituted for "makes a

determination with respect to a defect or failure to comply" for

clarity.

In subsection (d), the text of 15:1413(c) (1st sentence words

before cl. (1)) is incorporated into each paragraph as appropriate.

In subsection (d)(1)(A), the words "who is" and "of such vehicle"

are omitted as surplus.

In subsection (d)(1)(B), the words "if a registered owner is not

notified" are substituted for "unless the registered owner (if any)

of such vehicle was notified" for clarity. The words "most recent

purchaser" are substituted for "first purchaser (or if a more

recent purchaser is" for clarity and to eliminate unnecessary

words. The words "of each such vehicle containing such defect or

failure to comply" are omitted as surplus.

In subsection (d)(3), the words "(or, if the manufacturer

prefers, by certified mail)" are substituted for 15:1413(c) (last

sentence) to eliminate unnecessary words.

In subsection (d)(4), the words "or dealers" are omitted because

of 1:1. The words "of such manufacturer" are omitted as surplus.

In subsection (e), the word "replacement" is added for clarity

and consistency with the source provisions being restated in

subsection (d) of this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30102, 30103, 30117,

30118, 30120, 30121, 30141, 30147, 30165, 30166, 30167 of this

title.

-End-

-CITE-

49 USC Sec. 30120 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30120. Remedies for defects and noncompliance

-STATUTE-

(a) Ways To Remedy. - (1) Subject to subsections (f) and (g) of

this section, when notification of a defect or noncompliance is

required under section 30118(b) or (c) of this title, the

manufacturer of the defective or noncomplying motor vehicle or

replacement equipment shall remedy the defect or noncompliance

without charge when the vehicle or equipment is presented for

remedy. Subject to subsections (b) and (c) of this section, the

manufacturer shall remedy the defect or noncompliance in any of the

following ways the manufacturer chooses:

(A) if a vehicle -

(i) by repairing the vehicle;

(ii) by replacing the vehicle with an identical or reasonably

equivalent vehicle; or

(iii) by refunding the purchase price, less a reasonable

allowance for depreciation.

(B) if replacement equipment, by repairing the equipment or

replacing the equipment with identical or reasonably equivalent

equipment.

(2) The Secretary of Transportation may prescribe regulations to

allow the manufacturer to impose conditions on the replacement of a

motor vehicle or refund of its price.

(b) Tire Remedies. - (1) A manufacturer of a tire, including an

original equipment tire, shall remedy a defective or noncomplying

tire if the owner or purchaser presents the tire for remedy not

later than 60 days after the later of -

(A) the day the owner or purchaser receives notification under

section 30119 of this title; or

(B) if the manufacturer decides to replace the tire, the day

the owner or purchaser receives notification that a replacement

is available.

(2) If the manufacturer decides to replace the tire and the

replacement is not available during the 60-day period, the owner or

purchaser must present the tire for remedy during a subsequent

60-day period that begins only after the owner or purchaser

receives notification that a replacement will be available during

the subsequent period. If tires are available during the subsequent

period, only a tire presented for remedy during that period must be

remedied.

(c) Adequacy of Repairs. - (1) If a manufacturer decides to

repair a defective or noncomplying motor vehicle or replacement

equipment and the repair is not done adequately within a reasonable

time, the manufacturer shall -

(A) replace the vehicle or equipment without charge with an

identical or reasonably equivalent vehicle or equipment; or

(B) for a vehicle, refund the purchase price, less a reasonable

allowance for depreciation.

(2) Failure to repair a motor vehicle or replacement equipment

adequately not later than 60 days after its presentation is prima

facie evidence of failure to repair within a reasonable time.

However, the Secretary may extend, by order, the 60-day period if

good cause for an extension is shown and the reason is published in

the Federal Register before the period ends. Presentation of a

vehicle or equipment for repair before the date specified by a

manufacturer in a notice under section 30119(a)(5) or 30121(c)(2)

of this title is not a presentation under this subsection.

(3) If the Secretary determines that a manufacturer's remedy

program is not likely to be capable of completion within a

reasonable time, the Secretary may require the manufacturer to

accelerate the remedy program if the Secretary finds -

(A) that there is a risk of serious injury or death if the

remedy program is not accelerated; and

(B) that acceleration of the remedy program can be reasonably

achieved by expanding the sources of replacement parts, expanding

the number of authorized repair facilities, or both.

The Secretary may prescribe regulations to carry out this

paragraph.

(d) Filing Manufacturer's Remedy Program. - A manufacturer shall

file with the Secretary a copy of the manufacturer's program under

this section for remedying a defect or noncompliance. The Secretary

shall make the program available to the public and publish a notice

of availability in the Federal Register. A manufacturer's remedy

program shall include a plan for reimbursing an owner or purchaser

who incurred the cost of the remedy within a reasonable time in

advance of the manufacturer's notification under subsection (b) or

(c) of section 30118. The Secretary may prescribe regulations

establishing what constitutes a reasonable time for purposes of the

preceding sentence and other reasonable conditions for the

reimbursement plan. In the case of a remedy program involving the

replacement of tires, the manufacturer shall include a plan

addressing how to prevent, to the extent reasonably within the

control of the manufacturer, replaced tires from being resold for

installation on a motor vehicle, and how to limit, to the extent

reasonably within the control of the manufacturer, the disposal of

replaced tires in landfills, particularly through shredding,

crumbling, recycling, recovery, and other alternative beneficial

non-vehicular uses. The manufacturer shall include information

about the implementation of such plan with each quarterly report to

the Secretary regarding the progress of any notification or remedy

campaigns.

(e) Hearings About Meeting Remedy Requirements. - On the motion

of the Secretary or on application by any interested person, the

Secretary may conduct a hearing to decide whether the manufacturer

has reasonably met the remedy requirements under this section. Any

interested person may make written and oral presentations of

information, views, and arguments on whether the manufacturer has

reasonably met the remedy requirements. If the Secretary decides a

manufacturer has not reasonably met the remedy requirements, the

Secretary shall order the manufacturer to take specified action to

meet those requirements and may take any other action authorized

under this chapter.

(f) Fair Reimbursement to Dealers. - A manufacturer shall pay

fair reimbursement to a dealer providing a remedy without charge

under this section.

(g) Nonapplication. - (1) The requirement that a remedy be

provided without charge does not apply if the motor vehicle or

replacement equipment was bought by the first purchaser more than

10 calendar years, or the tire, including an original equipment

tire, was bought by the first purchaser more than 5 calendar years,

before notice is given under section 30118(c) of this title or an

order is issued under section 30118(b) of this title, whichever is

earlier.

(2) This section does not apply during any period in which

enforcement of an order under section 30118(b) of this title is

restrained or the order is set aside in a civil action to which

section 30121(d) of this title applies.

(h) Exemptions. - On application of a manufacturer, the Secretary

shall exempt the manufacturer from this section if the Secretary

decides a defect or noncompliance is inconsequential to motor

vehicle safety. The Secretary may take action under this subsection

only after notice in the Federal Register and an opportunity for

any interested person to present information, views, and arguments.

(i) Limitation on Sale or Lease. - (1) If notification is

required by an order under section 30118(b) of this title or is

required under section 30118(c) of this title and the manufacturer

has provided to a dealer (including retailers of motor vehicle

equipment) notification about a new motor vehicle or new item of

replacement equipment in the dealer's possession at the time of

notification that contains a defect related to motor vehicle safety

or does not comply with an applicable motor vehicle safety standard

prescribed under this chapter, the dealer may sell or lease the

motor vehicle or item of replacement equipment only if -

(A) the defect or noncompliance is remedied as required by this

section before delivery under the sale or lease; or

(B) when the notification is required by an order under section

30118(b) of this title, enforcement of the order is restrained or

the order is set aside in a civil action to which section

30121(d) of this title applies.

(2) This subsection does not prohibit a dealer from offering for

sale or lease the vehicle or equipment.

(j) Prohibition on Sales of Replaced Equipment. - No person may

sell or lease any motor vehicle equipment (including a tire), for

installation on a motor vehicle, that is the subject of a decision

under section 30118(b) or a notice required under section 30118(c)

in a condition that it may be reasonably used for its original

purpose unless -

(1) the defect or noncompliance is remedied as required by this

section before delivery under the sale or lease; or

(2) notification of the defect or noncompliance is required

under section 30118(b) but enforcement of the order is set aside

in a civil action to which section 30121(d) applies.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 952; Pub. L.

105-178, title VII, Sec. 7106(a), June 9, 1998, 112 Stat. 467; Pub.

L. 106-414, Secs. 4, 6-8, Nov. 1, 2000, 114 Stat. 1803-1805.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30120(a) 15:1397(a)(1)(D) Sept. 9, 1966, Pub. L.

(related to 89-563, Sec. 108(a)(1)(D)

15:1414(a)(1) (1st (related to Secs. 154(a),

sentence), (2)). (b)(1), (2) (1st sentence),

(c), 156, 157), 80 Stat.

722; restated Oct. 27, 1974,

Pub. L. 93-492, Sec.

103(a)(1)(A), (3), 88 Stat.

1477, 1478.

15:1414(a)(1) (1st Sept. 9, 1966, Pub. L.

sentence), (2). 89-563, 80 Stat. 718, Secs.

154(a), (b)(1), (2) (1st

sentence), (c), 156 (related

to remedy), 157 (related to

remedy); added Oct. 27,

1974, Pub. L. 93-492, Sec.

102(a), 88 Stat. 1472, 1474,

1475.

30120(b) 15:1397(a)(1)(D)

(related to

15:1414(a)(5)).

15:1414(a)(5).

30120(c) 15:1397(a)(1)(D)

(related to

15:1414(b)(1), (2)

(1st sentence)).

15:1414(b)(1), (2)

(1st sentence).

30120(d) 15:1397(a)(1)(D)

(related to

15:1414(c)).

15:1414(c).

30120(e) 15:1397(a)(1)(D)

(related to

15:1416).

15:1416 (related to

remedy).

30120(f) 15:1397(a)(1)(D)

(related to

15:1414(a)(3)).

15:1414(a)(3).

30120(g)(1) 15:1397(a)(1)(D)

(related to

15:1414(a)(4)).

15:1414(a)(4).

30120(g)(2) 15:1397(a)(1)(D)

(related to

15:1414(a)(1) (last

sentence)).

15:1414(a)(1) (last

sentence).

30120(h) 15:1397(a)(1)(D)

(related to

15:1417).

15:1417 (related to

remedy).

30120(i) 15:1414(d). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

154(d); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

2504(b), 105 Stat. 2083.

--------------------------------------------------------------------

In this section, the text of 15:1397(a)(1)(D) (related to

15:1414(a), (b)(1), (2) (1st sentence), and (c), and 1416) is

omitted as surplus.

In subsection (a)(1), before clause (A), the words "Subject to

subsections (f) and (g) of this section" are added for clarity. The

words "with an applicable Federal motor vehicle safety standard . .

. which relates to motor vehicle safety" and "pursuant to such

notification" are omitted as surplus. The words "shall remedy" are

substituted for "shall cause such defect or failure to comply in

such motor vehicle or such item of replacement equipment to be

remedied" to eliminate unnecessary words. The words "the defect or

noncompliance" are added for clarity. In clauses (A) and (B), the

words "without charge" are omitted as unnecessary because of the

words "without charge" in this subsection before this clause (A).

In clause (A), the words "presented for remedy pursuant to such

notification" and "of such motor vehicle in full" are omitted as

surplus.

Subsection (a)(2) is substituted for 15:1414(a)(2)(A) (last

sentence) for clarity.

In subsection (b)(1), before clause (A), the words "shall remedy

a defective or noncomplying tire if" are substituted for "shall not

be obligated to remedy such tire if such tire is not" to eliminate

unnecessary words and for consistency. The words "pursuant to

notification" are omitted as surplus. In clause (B), the words

"decides to replace the tire" are substituted for "elects

replacement" for clarity.

Subsection (b)(2) is substituted for 15:1414(a)(5)(B) to

eliminate unnecessary words.

In subsection (c)(1), the words before clause (A) are substituted

for "Whenever a manufacturer has elected under subsection (a) of

this section to cause the repair of a defect in a motor vehicle or

item of replacement equipment or of a failure of such vehicle or

item of replacement equipment to comply with a motor vehicle safety

standard, and he has failed to cause such defect or failure to

comply to be adequately repaired within a reasonable time, then (A)

he shall" to eliminate unnecessary words. In clause (A), the word

"replace" is substituted for "cause . . . to be replaced" for

consistency. In clause (B), the word "refund" is substituted for

"shall cause . . . to be refunded" for consistency. The words "in

full" and "and if the manufacturer so elects)" are omitted as

surplus.

In subsection (c)(2), the word "presentation" is substituted for

"tender" for clarity. The words "for repair" are omitted as

surplus. The last sentence is substituted for 15:1414(b)(2) (1st

sentence) because of the restatement.

In subsection (e), the words "(including a manufacturer)" are

omitted as surplus. The word "information" is substituted for

"data" for consistency in the revised title.

In subsection (f), the word "fair" is substituted for "fair and

equitable" to eliminate unnecessary words. The words "for such

remedy" are omitted as surplus. The words "providing a" are

substituted for "who effects" for consistency.

In subsection (g)(2), the words "In the case of notification

required by an order" are omitted as unnecessary. The word "civil"

is added because of rule 2 of the Federal Rules of Civil Procedure

(28 App. U.S.C.).

In subsection (h), the words "any requirement under", "or to

remedy", and "as it relates" are omitted as surplus. The words "The

Secretary may take action under this subsection only" are added

because of the restatement.

AMENDMENTS

2000 - Subsec. (c)(3). Pub. L. 106-414, Sec. 6(a), added par.

(3).

Subsec. (d). Pub. L. 106-414, Sec. 7, inserted at end "In the

case of a remedy program involving the replacement of tires, the

manufacturer shall include a plan addressing how to prevent, to the

extent reasonably within the control of the manufacturer, replaced

tires from being resold for installation on a motor vehicle, and

how to limit, to the extent reasonably within the control of the

manufacturer, the disposal of replaced tires in landfills,

particularly through shredding, crumbling, recycling, recovery, and

other alternative beneficial non-vehicular uses. The manufacturer

shall include information about the implementation of such plan

with each quarterly report to the Secretary regarding the progress

of any notification or remedy campaigns."

Pub. L. 106-414, Sec. 6(b), inserted at end "A manufacturer's

remedy program shall include a plan for reimbursing an owner or

purchaser who incurred the cost of the remedy within a reasonable

time in advance of the manufacturer's notification under subsection

(b) or (c) of section 30118. The Secretary may prescribe

regulations establishing what constitutes a reasonable time for

purposes of the preceding sentence and other reasonable conditions

for the reimbursement plan."

Subsec. (g)(1). Pub. L. 106-414, Sec. 4, substituted "10 calendar

years" for "8 calendar years" and "5 calendar years" for "3

calendar years".

Subsec. (j). Pub. L. 106-414, Sec. 8, added subsec. (j).

1998 - Subsec. (i)(1). Pub. L. 105-178 inserted "(including

retailers of motor vehicle equipment)" after "provided to a dealer"

in introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30102, 30103, 30117,

30118, 30119, 30121, 30141, 30147, 30165, 30166, 30167 of this

title.

-End-

-CITE-

49 USC Sec. 30121 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30121. Provisional notification and civil actions to enforce

-STATUTE-

(a) Provisional Notification. - (1) The Secretary of

Transportation may order a manufacturer to issue a provisional

notification if a civil action about an order issued under section

30118(b) of this title has been brought under section 30163 of this

title. The provisional notification shall contain -

(A) a statement that the Secretary has decided that a defect

related to motor vehicle safety or noncompliance with a motor

vehicle safety standard prescribed under this chapter exists and

that the manufacturer is contesting the decision in a civil

action in a United States district court;

(B) a clear description of the Secretary's stated basis for the

decision;

(C) the Secretary's evaluation of the risk to motor vehicle

safety reasonably related to the defect or noncompliance;

(D) measures the Secretary considers necessary to avoid an

unreasonable risk to motor vehicle safety resulting from the

defect or noncompliance;

(E) a statement that the manufacturer will remedy the defect or

noncompliance without charge under section 30120 of this title,

but that the requirement to remedy without charge is conditioned

on the outcome of the civil action; and

(F) other information the Secretary prescribes by regulation or

includes in the order requiring the notice.

(2) A notification under this subsection does not relieve a

manufacturer of liability for not giving notification required by

an order under section 30118(b) of this title.

(b) Civil Actions for Not Notifying. - (1) A manufacturer that

does not notify owners and purchasers under section 30119(c) and

(d) of this title is liable to the United States Government for a

civil penalty, unless the manufacturer prevails in a civil action

referred to in subsection (a) of this section or the court in that

action enjoins enforcement of the order. Enforcement may be

enjoined only if the court decides that the failure to notify is

reasonable and that the manufacturer has demonstrated the

likelihood of prevailing on the merits. If enforcement is enjoined,

the manufacturer is not liable during the time the order is stayed.

(2) A manufacturer that does not notify owners and purchasers as

required under subsection (a) of this section is liable for a civil

penalty regardless of whether the manufacturer prevails in an

action on the validity of the order issued under section 30118(b)

of this title.

(c) Orders to Manufacturers. - If the Secretary prevails in a

civil action referred to in subsection (a) of this section, the

Secretary shall order the manufacturer -

(1) to notify each owner, purchaser, and dealer described in

section 30119(d) of this title of the outcome of the action and

other information the Secretary requires, and notification under

this clause may be combined with notification required under

section 30118(b) of this title;

(2) to specify the earliest date under section 30119(b) of this

title on which the defect or noncompliance will be remedied

without charge under section 30120 of this title; and

(3) if notification was required under subsection (a) of this

section, to reimburse an owner or purchaser for reasonable and

necessary expenses (in an amount that is not more than the amount

specified in the order of the Secretary under subsection (a))

incurred for repairing the defect or noncompliance during the

period beginning on the date that notification was required to be

issued and ending on the date the owner or purchaser receives the

notification under this subsection.

(d) Venue. - Notwithstanding section 30163(c) of this title, a

civil action about an order issued under section 30118(b) of this

title must be brought in the United States district court for a

judicial district in the State in which the manufacturer is

incorporated or the District of Columbia. On motion of a party, the

court may transfer the action to another district court if good

cause is shown. All actions related to the same order under section

30118(b) shall be consolidated in an action in one judicial

district under an order of the court in which the first action was

brought. If the first action is transferred to another court, that

court shall issue the consolidation order.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 954.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30121(a) 15:1397(a)(1)(D) Sept. 9, 1966, Pub. L.

(related to 89-563, Sec. 108(a)(1)(D)

15:1415(b)). (related to Sec. 155), 80

Stat. 722; restated Oct. 27,

1974, Pub. L. 93-492, Sec.

103(a)(1)(A), (3), 88 Stat.

1477, 1478.

15:1415(b). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

155(b)-(d); added Oct. 27,

1974, Pub. L. 93-492, Sec.

102(a), 88 Stat. 1474.

30121(b) 15:1397(a)(1)(D)

(related to

15:1415(c)).

15:1415(c).

30121(c) 15:1397(a)(1)(D)

(related to

15:1415(d)).

15:1415(d).

30121(d) 15:1397(a)(1)(D)

(related to

15:1415(a)).

15:1415(a). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

155(a); added Oct. 27, 1974,

Pub. L. 93-492, Sec. 102(a),

88 Stat. 1474; Nov. 8, 1984,

Pub. L. 98-620, Sec.

402(17), 98 Stat. 3358.

--------------------------------------------------------------------

In this section, the text of 15:1397(a)(1)(D) (related to

15:1415) is omitted as surplus.

In subsection (a)(1), before clause (A), the words "and to which

subsection (a) of this section applies" are omitted because of the

restatement. In clause (A), the words "prescribed under this

chapter" are substituted for "Federal", and the words "civil

action" are substituted for "proceeding", for consistency. In

clause (B), the words "that there is such a defect or failure" are

omitted as surplus. In clause (D), the word "considers" is

substituted for "which in the judgment of . . . are" to eliminate

unnecessary words. In clause (E), the word "remedy" is substituted

for "cause . . . to be remedied" to eliminate unnecessary words.

The words "civil action" are substituted for "court proceeding" for

consistency.

In subsection (b)(1), the words "with respect to such failure to

notify" are omitted as surplus. The word "enjoins" is substituted

for "restrains" for consistency. The words "of such an order" and

"for which the effectiveness of" are omitted as surplus.

In subsection (b)(2), the words "by an order", "or not", and "(to

which subsection (a) of the section applies)" are omitted as

surplus.

In subsection (c), before clause (1), the words "a civil action

referred to in subsection (a) of this section" are substituted for

"(i) a manufacturer fails within the period specified in section

1413(b) of this title to comply with an order under section 1412(b)

of this title to afford notification to owners and purchasers, (ii)

a civil action to which subsection (a) of this section applies is

commenced with respect to such order, and (iii) . . . in such

action" to eliminate unnecessary words. In clause (1), the word

"action" is substituted for "proceeding" for consistency. The words

"containing" and "by an order" are omitted as surplus. In clause

(2), the words "under section 30119(b) of this title" are

substituted for "(in accordance with the second and third sentences

of section 1414(b) of this title)" for clarity. The words "under

section 30120 of this title" are added for clarity. In clause (3),

the words "which are . . . by such owner or purchaser", "the

purpose of", and "to which the order relates" are omitted as

surplus.

In subsection (d), the words "Notwithstanding section 30163(c) of

this title" are added for clarity. The words "An action under

section 1399(a) of this title to restrain a violation of an order .

. . or under section 1398 of this title to collect a civil penalty

with respect to a violation of such an order" and "to which the

order applies" are omitted as surplus. The words "may transfer the

action" are substituted for "orders a change of venue" for

consistency with 28:1404. The words "(including enforcement

actions)" are omitted as surplus. The words "that court shall issue

the consolidation order" are substituted for "by order of such

other court" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30102, 30103, 30117,

30119, 30120, 30141, 30147, 30163, 30165, 30166, 30167 of this

title.

-End-

-CITE-

49 USC Sec. 30122 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30122. Making safety devices and elements inoperative

-STATUTE-

(a) Definition. - In this section, "motor vehicle repair

business" means a person holding itself out to the public to repair

for compensation a motor vehicle or motor vehicle equipment.

(b) Prohibition. - A manufacturer, distributor, dealer, or motor

vehicle repair business may not knowingly make inoperative any part

of a device or element of design installed on or in a motor vehicle

or motor vehicle equipment in compliance with an applicable motor

vehicle safety standard prescribed under this chapter unless the

manufacturer, distributor, dealer, or repair business reasonably

believes the vehicle or equipment will not be used (except for

testing or a similar purpose during maintenance or repair) when the

device or element is inoperative.

(c) Regulations. - The Secretary of Transportation may prescribe

regulations -

(1) to exempt a person from this section if the Secretary

decides the exemption is consistent with motor vehicle safety and

section 30101 of this title; and

(2) to define "make inoperative".

(d) Nonapplication. - This section does not apply to a safety

belt interlock or buzzer designed to indicate a safety belt is not

in use as described in section 30124 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 956.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30122(a) 15:1397(a)(2)(A) Sept. 9, 1966, Pub. L.

(last sentence). 89-563, 80 Stat. 718, Sec.

108(a)(2)(A)- (C); added

Oct. 27, 1974, Pub. L.

93-492, Sec. 103(a) (1)(A),

88 Stat. 1477.

30122(b) 15:1397(a)(2)(A)

(1st sentence).

30122(c) 15:1397(a)(2)(B).

30122(d) 15:1397(a)(2)(C).

--------------------------------------------------------------------

In subsections (a) and (c), the words "the term" are omitted as

surplus.

In subsection (a), the words "in the business of" are omitted as

surplus.

In subsection (b), the words "an applicable motor vehicle safety

standard prescribed under this chapter" are substituted for "an

applicable Federal motor vehicle safety standard" for consistency.

The words "of design" the 2d time they appear and "rendered" are

omitted as surplus.

In subsection (c)(1), the words "section 30101 of this title" are

substituted for "the purposes of this chapter" as being more

precise.

In subsection (d), the words "with respect . . . the rendering

inoperative of" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30141, 30165 of this

title.

-End-

-CITE-

49 USC Sec. 30123 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30123. Tires

-STATUTE-

(a) Regrooved Tire Limitations. - (1) In this subsection,

"regrooved tire" means a tire with a new tread produced by cutting

into the tread of a worn tire.

(2) The Secretary may authorize the sale, offer for sale,

introduction for sale, or delivery for introduction in interstate

commerce, of a regrooved tire or a motor vehicle equipped with

regrooved tires if the Secretary decides the tires are designed and

made in a way consistent with section 30101 of this title. A person

may not sell, offer for sale, introduce for sale, or deliver for

introduction in interstate commerce, a regrooved tire or a vehicle

equipped with regrooved tires unless authorized by the Secretary.

(b) Uniform Quality Grading System, Nomenclature, and Marketing

Practices. - The Secretary shall prescribe through standards a

uniform quality grading system for motor vehicle tires to help

consumers make an informed choice when purchasing tires. The

Secretary also shall cooperate with industry and the Federal Trade

Commission to the greatest extent practicable to eliminate

deceptive and confusing tire nomenclature and marketing practices.

A tire standard or regulation prescribed under this chapter

supersedes an order or administrative interpretation of the

Commission.

(c) Maximum Load Standards. - The Secretary shall require a motor

vehicle to be equipped with tires that meet maximum load standards

when the vehicle is loaded with a reasonable amount of luggage and

the total number of passengers the vehicle is designed to carry.

The vehicle shall be equipped with those tires by the manufacturer

or by the first purchaser when the vehicle is first bought in good

faith other than for resale.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 956; Pub. L.

105-178, title VII, Sec. 7106(b), June 9, 1998, 112 Stat. 467.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30123(a) 15:1421 (1st Sept. 9, 1966, Pub. L.

sentence). 89-563, Secs. 201-203,

204(c), 205, 80 Stat. 728,

729.

30123(b) 15:1421 (2d

sentence).

30123(c) 15:1421 (last

sentence).

30123(d) 15:1424(a). Sept. 9, 1966, Pub. L.

89-563, Sec. 204(a), 80

Stat. 729; restated Oct. 27,

1974, Pub. L. 93-492, Sec.

110(c), 88 Stat. 1484.

15:1424(c).

30123(e) 15:1423.

15:1425.

30123(f) 15:1422.

--------------------------------------------------------------------

In subsections (a) and (d)(2), the words "section 30101 of this

title" are substituted for "the purposes of this chapter" as being

more precise.

In subsection (a), the words "to a motor vehicle safety standard

prescribed under this chapter" are substituted for "In all

standards for . . . established under subchapter I of this chapter

. . . thereto" for consistency and because of the restatement.

In subsection (b)(1)(A) and (B), the word "suitable" is omitted

as surplus.

In subsection (b)(1)(C), the words "for a tire containing" are

substituted for "unless the tire contains . . . in which case it

shall also contain" to eliminate unnecessary words. The word

"allowing" is substituted for "which would permit" for consistency.

In subsection (b)(3), the word "actual" is omitted as surplus.

In subsection (b)(5)(A), the word "statement" is substituted for

"recital" for clarity. The words "complies with" are substituted

for "conforms to", the words "prescribed under this chapter" are

substituted for "Federal", and the word "or" is substituted for

"except that in lieu of such recital", for consistency.

In subsection (b)(5)(B), the word "appropriate" is omitted as

surplus.

In subsection (d)(2), the words "by order" are omitted as

surplus. The words "a regrooved tire or a motor vehicle equipped

with regrooved tires" are substituted for "any tire or motor

vehicle equipped with any tire which has been regrooved" for

consistency. The words "A person may not . . . unless authorized by

the Secretary" are substituted for "No person shall" for clarity

and consistency in the revised title. The word "introduce" is

substituted for "introduction" after "or" to correct a mistake.

In subsection (e), the words "The Secretary shall prescribe

through standards" are substituted for "within two years after

September 9, 1966, the Secretary shall, through standards

established under subchapter I of this chapter, prescribe by order,

and publish in the Federal Register" in 15:1423 to eliminate

unnecessary and executed words. The text of 15:1423 (2d sentence)

is omitted as executed. The last sentence is substituted for

15:1425 to eliminate unnecessary words.

In subsection (f), the words "In standards established under

subchapter I of this chapter" and "fully" are omitted as surplus.

The words "The vehicle shall be equipped" are added for clarity.

AMENDMENTS

1998 - Pub. L. 105-178 redesignated subsecs. (d) to (f) as (a) to

(c), respectively, and struck out former subsecs. (a) to (c), which

related to labeling requirements, contents of label, and additional

information that may be required, respectively.

IMPROVED TIRE INFORMATION

Pub. L. 106-414, Sec. 11, Nov. 1, 2000, 114 Stat. 1806, provided

that:

"(a) Tire Labeling. - Within 30 days after the date of the

enactment of this Act [Nov. 1, 2000], the Secretary of

Transportation shall initiate a rulemaking proceeding to improve

the labeling of tires required by section 30123 of title 49, United

States Code[,] to assist consumers in identifying tires that may be

the subject of a decision under section 30118(b) [of title 49] or a

notice required under section 30118(c). The Secretary shall

complete the rulemaking not later than June 1, 2002.

"(b) Inflation Levels and Load Limits. - In the rulemaking

initiated under subsection (a), the Secretary may take whatever

additional action is appropriate to ensure that the public is aware

of the importance of observing motor vehicle tire load limits and

maintaining proper tire inflation levels for the safe operation of

a motor vehicle. Such additional action may include a requirement

that the manufacturer of motor vehicles provide the purchasers of

the motor vehicles information on appropriate tire inflation levels

and load limits if the Secretary determines that requiring such

manufacturers to provide such information is the most appropriate

way such information can be provided."

TIRE PRESSURE WARNING

Pub. L. 106-414, Sec. 13, Nov. 1, 2000, 114 Stat. 1806, provided

that: "Not later than 1 year after the date of the enactment of

this Act [Nov. 1, 2000], the Secretary of Transportation shall

complete a rulemaking for a regulation to require a warning system

in new motor vehicles to indicate to the operator when a tire is

significantly under inflated. Such requirement shall become

effective not later than 2 years after the date of the completion

of such rulemaking."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30165 of this title.

-End-

-CITE-

49 USC Sec. 30124 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30124. Buzzers indicating nonuse of safety belts

-STATUTE-

A motor vehicle safety standard prescribed under this chapter may

not require or allow a manufacturer to comply with the standard by

using a safety belt interlock designed to prevent starting or

operating a motor vehicle if an occupant is not using a safety belt

or a buzzer designed to indicate a safety belt is not in use,

except a buzzer that operates only during the 8-second period after

the ignition is turned to the "start" or "on" position.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 957.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30124 15:1410b. Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

125; added Oct. 27, 1974,

Pub. L. 93-492, Sec. 109, 88

Stat. 1482.

--------------------------------------------------------------------

The text of 15:1410b(a) and (c)-(e) is omitted as obsolete. The

text of 15:1410b(b)(2) and (3) and (f)(2) and (3) is omitted as

unnecessary because of the restatement. The words "After the

effective date of the amendment prescribed under subsection (a) of

this section" are omitted as executed. The words "prescribed under

this chapter" are substituted for "Federal" for consistency in this

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30122 of this title.

-End-

-CITE-

49 USC Sec. 30125 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30125. Schoolbuses and schoolbus equipment

-STATUTE-

(a) Definitions. - In this section -

(1) "schoolbus" means a passenger motor vehicle designed to

carry a driver and more than 10 passengers, that the Secretary of

Transportation decides is likely to be used significantly to

transport preprimary, primary, and secondary school students to

or from school or an event related to school.

(2) "schoolbus equipment" means equipment designed primarily

for a schoolbus or manufactured or sold to replace or improve a

system, part, or component of a schoolbus or as an accessory or

addition to a schoolbus.

(b) Standards. - The Secretary shall prescribe motor vehicle

safety standards for schoolbuses and schoolbus equipment

manufactured in, or imported into, the United States. Standards

shall include minimum performance requirements for -

(1) emergency exits;

(2) interior protection for occupants;

(3) floor strength;

(4) seating systems;

(5) crashworthiness of body and frame (including protection

against rollover hazards);

(6) vehicle operating systems;

(7) windows and windshields; and

(8) fuel systems.

(c) Test Driving by Manufacturers. - The Secretary may require by

regulation a schoolbus to be test-driven by a manufacturer before

introduction in commerce.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 957.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30125(a) 15:1391(14), (15). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

102(14), (15); added Oct.

27, 1974, Pub. L. 93-492,

Sec. 201, 88 Stat. 1484.

30125(b) 15:1392(i)(1). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

103(i)(1), (2); added Oct.

27, 1974, Pub. L. 93-492,

Sec. 202, 88 Stat. 1484;

July 8, 1976, Pub. L.

94-346, Sec. 2, 90 Stat. 815.

30125(c) 15:1392(i)(2).

15:1397(a)(1)(F). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

108(a)(1)(F); added Oct. 27,

1974, Pub. L. 93-492, Sec.

203, 88 Stat. 1485.

--------------------------------------------------------------------

In subsection (a)(1), the words "the purpose of" are omitted as

surplus.

In subsection (a)(2), the words "any similar part or component"

are omitted as surplus.

In subsection (b), before clause (1), the text of

15:1392(i)(1)(A) (1st sentence) and (B) (words before 2d comma) is

omitted as executed. The word "prescribe" is substituted for

"promulgate", and the word "Federal" is omitted, for consistency.

The words "Such proposed standards" and "those aspects of

performance set out in clauses (i) through (viii) of subparagraph

(A) of this paragraph" are omitted because of the restatement. The

word "requirements" is substituted for "standards" to avoid using

"standards" in 2 different ways. The text of 15:1392(i)(1)(B) (last

6 words) is omitted as executed.

In subsection (c), the text of 15:1397(a)(1)(F) is omitted as

unnecessary because of the restatement.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30141, 30165 of this

title.

-End-

-CITE-

49 USC Sec. 30126 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30126. Used motor vehicles

-STATUTE-

To ensure a continuing and effective national safety program, it

is the policy of the United States Government to encourage and

strengthen State inspection of used motor vehicles. Therefore, the

Secretary of Transportation shall prescribe uniform motor vehicle

safety standards applicable to all used motor vehicles. The

standards shall be stated in terms of motor vehicle safety

performance.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 958.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30126 15:1397(b)(1) Sept. 9, 1966, Pub. L.

(2d-last sentences). 89-563, Sec. 108(b)(1)

(2d-last sentences), 80

Stat. 722.

--------------------------------------------------------------------

The words "In order" are omitted as surplus. The words "United

States Government" are substituted for "Congress" for clarity and

consistency in the revised title. The words "Therefore, the

Secretary of Transportation shall prescribe uniform motor vehicle

safety standards applicable to all used motor vehicles" are

substituted for 15:1397(b)(1) (4th sentence) to eliminate

unnecessary and executed words. The text of 15:1397(b)(1) (last

sentence) is omitted as unnecessary because of 5:ch. 5, subch. II.

The text of 15:1397(b)(1) (3d sentence) is omitted as executed.

-End-

-CITE-

49 USC Sec. 30127 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER II - STANDARDS AND COMPLIANCE

-HEAD-

Sec. 30127. Automatic occupant crash protection and seat belt use

-STATUTE-

(a) Definitions. - In this section -

(1) "bus" means a motor vehicle with motive power (except a

trailer) designed to carry more than 10 individuals.

(2) "multipurpose passenger vehicle" means a motor vehicle with

motive power (except a trailer), designed to carry not more than

10 individuals, that is constructed either on a truck chassis or

with special features for occasional off-road operation.

(3) "passenger car" means a motor vehicle with motive power

(except a multipurpose passenger vehicle, motorcycle, or trailer)

designed to carry not more than 10 individuals.

(4) "truck" means a motor vehicle with motive power (except a

trailer) designed primarily to transport property or special

purpose equipment.

(b) Inflatable Restraint Requirements. - (1) Not later than

September 1, 1993, the Secretary of Transportation shall prescribe

under this chapter an amendment to Federal Motor Vehicle Safety

Standard 208 issued under the National Traffic and Motor Vehicle

Safety Act of 1966. The amendment shall require that the automatic

occupant crash protection system for both of the front outboard

seating positions for each of the following vehicles be an

inflatable restraint (with lap and shoulder belts) complying with

the occupant protection requirements under section 4.1.2.1 of

Standard 208:

(A) 95 percent of each manufacturer's annual production of

passenger cars manufactured after August 31, 1996, and before

September 1, 1997.

(B) 80 percent of each manufacturer's annual production of

buses, multipurpose passenger vehicles, and trucks (except

walk-in van-type trucks and vehicles designed to be sold only to

the United States Postal Service) with a gross vehicle weight

rating of not more than 8,500 pounds and an unloaded vehicle

weight of not more than 5,500 pounds manufactured after August

31, 1997, and before September 1, 1998.

(C) 100 percent of each manufacturer's annual production of

passenger cars manufactured after August 31, 1997.

(D) 100 percent of each manufacturer's annual production of

vehicles described in clause (B) of this paragraph manufactured

after August 31, 1998.

(2) Manufacturers may not use credits and incentives available

before September 1, 1998, under the provisions of Standard 208 (as

amended by this section) to comply with the requirements of

paragraph (1)(D) of this subsection after August 31, 1998.

(c) Owner Manual Requirements. - In amending Standard 208, the

Secretary of Transportation shall require, to be effective as soon

as possible after the amendment is prescribed, that owner manuals

for passenger cars, buses, multipurpose passenger vehicles, and

trucks equipped with an inflatable restraint include a statement in

an easily understandable format stating that -

(1) either or both of the front outboard seating positions of

the vehicle are equipped with an inflatable restraint referred to

as an "airbag" and a lap and shoulder belt;

(2) the "airbag" is a supplemental restraint and is not a

substitute for lap and shoulder belts;

(3) lap and shoulder belts also must be used correctly by an

occupant in a front outboard seating position to provide

restraint or protection from frontal crashes as well as other

types of crashes or accidents; and

(4) occupants should always wear their lap and shoulder belts,

if available, or other safety belts, whether or not there is an

inflatable restraint.

(d) Seat Belt Use Laws. - Congress finds that it is in the public

interest for each State to adopt and enforce mandatory seat belt

use laws and for the United States Government to adopt and enforce

mandatory seat belt use regulations.

(e) Temporary Exemptions. - (1) On application of a manufacturer,

the Secretary of Transportation may exempt, on a temporary basis,

motor vehicles of that manufacturer from any requirement under

subsections (b) and (c) of this section on terms the Secretary

considers appropriate. An exemption may be renewed.

(2) The Secretary of Transportation may grant an exemption under

paragraph (1) of this subsection if the Secretary finds that there

has been a disruption in the supply of any component of an

inflatable restraint or in the use and installation of that

component by the manufacturer because of an unavoidable event not

under the control of the manufacturer that will prevent the

manufacturer from meeting its anticipated production volume of

vehicles with those restraints.

(3) Only an affected manufacturer may apply for an exemption. The

Secretary of Transportation shall prescribe in the amendment to

Standard 208 required under this section the information an

affected manufacturer must include in its application under this

subsection. The manufacturer shall specify in the application the

models, lines, and types of vehicles affected. The Secretary may

consolidate similar applications from different manufacturers.

(4) An exemption or renewal of an exemption is conditioned on the

commitment of the manufacturer to recall the exempted vehicles for

installation of the omitted inflatable restraints within a

reasonable time that the manufacturer proposes and the Secretary of

Transportation approves after the components become available in

sufficient quantities to satisfy both anticipated production and

recall volume requirements.

(5) The Secretary of Transportation shall publish in the Federal

Register a notice of each application under this subsection and

each decision to grant or deny a temporary exemption and the

reasons for the decision.

(6) The Secretary of Transportation shall require a label for

each exempted vehicle that can be removed only after recall and

installation of the required inflatable restraint. The Secretary

shall require that written notice of the exemption be provided to

the dealer and the first purchaser of each exempted vehicle other

than for resale, with the notice being provided in a way, and

containing the information, the Secretary considers appropriate.

(f) Application. - (1) This section revises, but does not

replace, Standard 208 as in effect on December 18, 1991, including

the amendment of March 26, 1991 (56 Fed. Reg. 12472), to Standard

208, extending the requirements for automatic crash protection,

with incentives for more innovative automatic crash protection, to

trucks, buses, and multipurpose passenger vehicles. This section

may not be construed as -

(A) affecting another provision of law carried out by the

Secretary of Transportation applicable to passenger cars, buses,

multipurpose passenger vehicles, or trucks; or

(B) establishing a precedent related to developing or

prescribing a Government motor vehicle safety standard.

(2) This section and amendments to Standard 208 made under this

section may not be construed as indicating an intention by Congress

to affect any liability of a motor vehicle manufacturer under

applicable law related to vehicles with or without inflatable

restraints.

(g) Report. - (1) On October 1, 1992, and annually after that

date through October 1, 2000, the Secretary of Transportation shall

submit reports on the effectiveness of occupant restraint systems

expressed as a percentage reduction in fatalities or injuries of

restrained occupants compared to unrestrained occupants for -

(A) a combination of inflated restraints and lap and shoulder

belts;

(B) inflated restraints only; and

(C) lap and shoulder belts only.

(2) In consultation with the Secretaries of Labor and Defense,

the Secretary of Transportation also shall provide information and

analysis on lap and shoulder belt use, nationally and in each State

by -

(A) military personnel;

(B) Government, State, and local law enforcement officers;

(C) other Government and State employees; and

(D) the public.

(h) Airbags for Government Cars. - In cooperation with the

Administrator of General Services and the heads of appropriate

departments, agencies, and instrumentalities of the Government, the

Secretary of Transportation shall establish a program, consistent

with applicable procurement laws of the Government and available

appropriations, requiring that all passenger cars acquired -

(1) after September 30, 1994, for use by the Government be

equipped, to the maximum extent practicable, with driver-side

inflatable restraints; and

(2) after September 30, 1996, for use by the Government be

equipped, to the maximum extent practicable, with inflatable

restraints for both front outboard seating positions.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 958; Pub. L.

105-178, title VII, Sec. 7106(c), June 9, 1998, 112 Stat. 467.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30127(a) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2502(a), 105

Stat. 2081.

30127(b) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(a)(1)

(1st sentence), (b), 105

Stat. 2084, 2085.

30127(c) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(a)(2),

105 Stat. 2085.

30127(d) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(a)(3),

105 Stat. 2085.

30127(e) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(c), 105

Stat. 2086.

30127(f) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(a)(1)

(last sentence), (d), 105

Stat. 2085, 2086.

30127(g) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(e), 105

Stat. 2086.

30127(h) 15:1392 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2508(f), 105

Stat. 2087.

--------------------------------------------------------------------

In subsection (a), the definitions are derived from section

2502(a) of the Intermodal Surface Transportation Efficiency Act of

1991 (Public Law 102-240, 105 Stat. 2081) and are restated because

those definitions apply to the source provisions being restated in

this section.

In subsection (b)(1), before clause (A), the words

"Notwithstanding any other provision of law or rule" and "(to the

extent such Act is not in conflict with the provisions of this

section)" are omitted as unnecessary because of the restatement.

The words "The amendment shall require" are substituted for "The

amendment promulgated under subsection (a) shall establish the

following schedule" for clarity. The words "manufactured on or

after the dates specified in the applicable schedule established by

subsection (b)", "The amendment shall take effect", and "Subject to

the provisions of subsection (c)" are omitted as unnecessary

because of the restatement. The words "for both of the front

outboard seating positions for each" are substituted for "for the

front outboard designated seating positions of each" for clarity.

In clause (B), the word "new" is omitted as unnecessary because of

the restatement. The word "only" is substituted for "exclusively"

for consistency in the revised title.

In subsection (b)(2), the words "after August 31, 1998" are

substituted for "on and after such date" for clarity.

In subsection (c), before clause (1), the words "In amending

Standard 208, the Secretary of Transportation shall require" are

substituted for "The amendment to such Standard 208 shall also

require" for clarity and to eliminate unnecessary words.

In subsection (e)(3), the words "Only an affected manufacturer

may apply for an exemption" are added for clarity. The words

"consolidate similar applications from different manufacturers" are

substituted for "consolidate applications of a similar nature of 1

or more manufacturers" for clarity.

In subsection (f)(1), before clause (A), the words "by the

Secretary or any other person, including any court" are omitted as

surplus. In clause (A), the word "affecting" is substituted for

"altering or affecting" to eliminate an unnecessary word.

In subsection (f)(2), the words "by any person or court" are

omitted as unnecessary. The word "affect" is substituted for

"affect, change, or modify" to eliminate unnecessary words.

In subsection (g)(1), before clause (A), the words "and every 6

months after that date through" are substituted for "biannually . .

. and continuing to" for clarity. The word "actual" is omitted as

unnecessary. The word "expressed" is substituted for "defined" for

clarity.

In subsection (g)(2)(C), the words "other Government and State

employees" are substituted for "Federal and State employees other

than law enforcement officers" for clarity and because of the

restatement.

In subsection (h)(2), the words "for both front outboard seating

positions" are substituted for "for both the driver and front seat

outboard seating positions" for clarity and consistency in this

section.

-REFTEXT-

REFERENCES IN TEXT

The National Traffic and Motor Vehicle Safety Act of 1966,

referred to in subsec. (b)(1), is Pub. L. 89-563, Sept. 9, 1966, 80

Stat. 718, as amended, which was classified generally to chapter 38

(Sec. 1381 et seq.) of Title 15, Commerce and Trade, and was

substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994,

108 Stat. 1379, and reenacted by the first section thereof as this

chapter.

-MISC2-

AMENDMENTS

1998 - Subsec. (g)(1). Pub. L. 105-178 substituted "annually" for

"every 6 months" in introductory provisions.

IMPROVING THE SAFETY OF CHILD RESTRAINTS

Pub. L. 107-318, Dec. 4, 2002, 116 Stat. 2772, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as 'Anton's Law'.

"SEC. 2. FINDINGS.

"Congress finds the following:

"(1) It is the policy of the Department of Transportation that

all child occupants of motor vehicles, regardless of seating

position, be appropriately restrained in order to reduce the

incidence of injuries and fatalities resulting from motor vehicle

crashes on the streets, roads, and highways.

"(2) Research has shown that very few children between the ages

of 4 to 8 years old are in the appropriate restraint for their

age when riding in passenger motor vehicles.

"(3) Children who have outgrown their child safety seats should

ride in a belt-positioning booster seat until an adult seat belt

fits properly.

"(4) Children who were properly restrained when riding in

passenger motor vehicles suffered less severe injuries from

accidents than children not properly restrained.

"SEC. 3. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER

MOTOR VEHICLES.

"(a) In General. - The Secretary of Transportation (hereafter

referred to as the 'Secretary') shall initiate a rulemaking

proceeding to establish performance requirements for child

restraints, including booster seats, for the restraint of children

weighing more than 50 pounds.

"(b) Elements for Consideration. - In the rulemaking proceeding

required by subsection (a), the Secretary shall -

"(1) consider whether to include injury performance criteria

for child restraints, including booster seats and other products

for use in passenger motor vehicles for the restraint of children

weighing more than 50 pounds, under the requirements established

in the rulemaking proceeding;

"(2) consider whether to establish performance requirements for

seat belt fit when used with booster seats and other belt

guidance devices;

"(3) consider whether to address situations where children

weighing more than 50 pounds only have access to seating

positions with lap belts, such as allowing tethered child

restraints for such children; and

"(4) review the definition of the term 'booster seat' in

Federal motor vehicle safety standard No. 213 under section

571.213 of title 49, Code of Federal Regulations, to determine if

it is sufficiently comprehensive.

"(c) Completion. - The Secretary shall complete the rulemaking

proceeding required by subsection (a) not later than 30 months

after the date of the enactment of this Act [Dec. 4, 2002].

"SEC. 4. DEVELOPMENT OF ANTHROPOMORPHIC TEST DEVICE SIMULATING A

10-YEAR OLD CHILD.

"(a) Development and Evaluation. - Not later than 24 months after

the date of the enactment of this Act [Dec. 4, 2002], the Secretary

shall develop and evaluate an anthropomorphic test device that

simulates a 10-year old child for use in testing child restraints

used in passenger motor vehicles.

"(b) Adoption by Rulemaking. - Within 1 year following the

development and evaluation carried out under subsection (a), the

Secretary shall initiate a rulemaking proceeding for the adoption

of an anthropomorphic test device as developed under subsection

(a).

"SEC. 5. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS.

"(a) In General. - Not later than 24 months after the date of the

enactment of this Act [Dec. 4, 2002], the Secretary shall complete

a rulemaking proceeding to amend Federal motor vehicle safety

standard No. 208 under section 571.208 of title 49, Code of Federal

Regulations, relating to occupant crash protection, in order to -

"(1) require a lap and shoulder belt assembly for each rear

designated seating position in a passenger motor vehicle with a

gross vehicle weight rating of 10,000 pounds or less, except that

if the Secretary determines that installation of a lap and

shoulder belt assembly is not practicable for a particular

designated seating position in a particular type of passenger

motor vehicle, the Secretary may exclude the designated seating

position from the requirement; and

"(2) apply that requirement to passenger motor vehicles in

phases in accordance with subsection (b).

"(b) Implementation Schedule. - The requirement prescribed under

subsection (a)(1) shall be implemented in phases on a production

year basis beginning with the production year that begins not later

than 12 months after the end of the year in which the regulations

are prescribed under subsection (a). The final rule shall apply to

all passenger motor vehicles with a gross vehicle weight rating of

10,000 pounds or less that are manufactured in the third production

year of the implementation phase-in under the schedule.

"SEC. 6. EVALUATION OF INTEGRATED CHILD SAFETY SYSTEMS.

"(a) Evaluation. - Not later than 180 days after the date of

enactment of this Act [Dec. 4, 2002], the Secretary shall initiate

an evaluation of integrated or built-in child restraints and

booster seats. The evaluation should include -

"(1) the safety of the child restraint and correctness of fit

for the child;

"(2) the availability of testing data on the system and vehicle

in which the child restraint will be used;

"(3) the compatibility of the child restraint with different

makes and models;

"(4) the cost-effectiveness of mass production of the child

restraint for consumers;

"(5) the ease of use and relative availability of the child

restraint to children riding in motor vehicles; and

"(6) the benefits of built-in seats for improving compliance

with State child occupant restraint laws.

"(b) Report. - Not later than 12 months after the date of

enactment of this Act [Dec. 4, 2002], the Secretary shall transmit

to the Committee on Energy and Commerce of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report of this evaluation.

"SEC. 7. DEFINITIONS.

"As used in this Act, the following definitions apply:

"(1) Child restraint. - The term 'child restraint' means any

product designed to provide restraint to a child (including

booster seats and other products used with a lap and shoulder

belt assembly) that meets applicable Federal motor vehicle safety

standards prescribed by the National Highway Traffic Safety

Administration.

"(2) Production year. - The term 'production year' means the

12-month period between September 1 of a year and August 31 of

the following year.

"(3) Passenger motor vehicle. - The term 'passenger motor

vehicle' has the meaning given that term in section 405(f)(5) of

title 23, United States Code.

"SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. - There are authorized to be appropriated

$5,000,000 to the Secretary of Transportation for -

"(1) the evaluation required by section 6 of this Act; and

"(2) research of the nature and causes of injury to children

involved in motor vehicle crashes.

"(b) Limitation. - Funds appropriated under subsection (a) shall

not be available for the general administrative expenses of the

Secretary."

Pub. L. 106-414, Sec. 14, Nov. 1, 2000, 114 Stat. 1806, provided

that:

"(a) In General. - Not later than 12 months after the date of the

enactment of this Act [Nov. 1, 2000], the Secretary of

Transportation shall initiate a rulemaking for the purpose of

improving the safety of child restraints, including minimizing head

injuries from side impact collisions.

"(b) Elements for Consideration. - In the rulemaking required by

subsection (a), the Secretary shall consider -

"(1) whether to require more comprehensive tests for child

restraints than the current Federal motor vehicle safety

standards requires, including the use of dynamic tests that -

"(A) replicate an array of crash conditions, such as

side-impact crashes and rear-impact crashes; and

"(B) reflect the designs of passenger motor vehicles as of

the date of the enactment of this Act [Nov. 1, 2000];

"(2) whether to require the use of anthropomorphic test devices

that -

"(A) represent a greater range of sizes of children including

the need to require the use of an anthropomorphic test device

that is representative of a ten-year-old child; and

"(B) are Hybrid III anthropomorphic test devices;

"(3) whether to require improved protection from head injuries

in side-impact and rear-impact crashes;

"(4) how to provide consumer information on the physical

compatibility of child restraints and vehicle seats on a

model-by-model basis;

"(5) whether to prescribe clearer and simpler labels and

instructions required to be placed on child restraints;

"(6) whether to amend Federal Motor Vehicle Safety Standard No.

213 (49 CFR 571.213) to cover restraints for children weighing up

to 80 pounds;

"(7) whether to establish booster seat performance and

structural integrity requirements to be dynamically tested in

3-point lap and shoulder belts;

"(8) whether to apply scaled injury criteria performance

levels, including neck injury, developed for Federal Motor

Vehicle Safety Standard No. 208 to child restraints and booster

seats covered by in Federal Motor Vehicle Safety Standard No.

213; and

"(9) whether to include child restraint in each vehicle crash

tested under the New Car Assessment Program.

"(c) Report to Congress. - If the Secretary does not incorporate

any element described in subsection (b) in the final rule, the

Secretary shall explain, in a report to the Senate Committee on

Commerce, Science, and Transportation and the House of

Representatives Committee on Commerce [now Committee on Energy and

Commerce] submitted within 30 days after issuing the final rule,

specifically why the Secretary did not incorporate any such element

in the final rule.

"(d) Completion. - Notwithstanding any other provision of law,

the Secretary shall complete the rulemaking required by subsection

(a) not later than 24 months after the date of the enactment of

this Act [Nov. 1, 2000].

"(e) Child Restraint Defined. - In this section, the term 'child

restraint' has the meaning given the term 'Child restraint system'

in section 571.213 of title 49, Code of Federal Regulations (as in

effect on the date of the enactment of this Act [Nov. 1, 2000]).

"(f) Funding. - For each fiscal year, of the funds made available

to the Secretary for activities relating to safety, not less than

$750,000 shall be made available to carry out crash testing of

child restraints.

"(g) Child Restraint Safety Ratings Program. - No later than 12

months after the date of the enactment of this Act [Nov. 1, 2000],

the Secretary of Transportation shall issue a notice of proposed

rulemaking to establish a child restraint safety rating consumer

information program to provide practicable, readily understandable,

and timely information to consumers for use in making informed

decisions in the purchase of child restraints. No later than 24

months after the date of the enactment of this Act the Secretary

shall issue a final rule establishing a child restraint safety

rating program and providing other consumer information which the

Secretary determines would be useful [to] consumers who purchase

child restraint systems.

"(h) Booster Seat Study. - In addition to consideration of

booster seat performance and structural integrity contained in

subsection (b)(7), not later than 12 months after the date of the

enactment of this Act [Nov. 1, 2000], the Secretary of

Transportation shall initiate and complete a study, taking into

account the views of the public, on the use and effectiveness of

automobile booster seats for children, compiling information on the

advantages and disadvantages of using booster seats and determining

the benefits, if any, to children from use of booster with lap and

shoulder belts compared to children using lap and shoulder belts

alone, and submit a report on the results of that study to the

Congress.

"(i) Booster Seat Education Program. - The Secretary of

Transportation within 1 year after the date of the enactment of

this Act [Nov. 1, 2000] shall develop [a] 5 year strategic plan to

reduce deaths and injuries caused by failure to use the appropriate

booster seat in the 4 to 8 year old age group by 25 percent."

IMPROVING AIR BAG SAFETY

Pub. L. 105-178, title VII, Sec. 7103, June 9, 1998, 112 Stat.

465, provided that:

"(a) Rulemaking To Improve Air Bags. -

"(1) Notice of proposed rulemaking. - Not later than September

1, 1998, the Secretary of Transportation shall issue a notice of

proposed rulemaking to improve occupant protection for occupants

of different sizes, belted and unbelted, under Federal Motor

Vehicle Safety Standard No. 208, while minimizing the risk to

infants, children, and other occupants from injuries and deaths

caused by air bags, by means that include advanced air bags.

"(2) Final rule. - Notwithstanding any other provision of law,

the Secretary shall complete the rulemaking required by this

subsection by issuing, not later than September 1, 1999, a final

rule with any provision the Secretary deems appropriate,

consistent with paragraph (1) and the requirements of section

30111, title 49, United States Code. If the Secretary determines

that the final rule cannot be completed by that date to meet the

purposes of paragraph (1), the Secretary may extend the date for

issuing the final rule to not later than March 1, 2000.

"(3) Effective date. - The final rule issued under this

subsection shall become effective in phases as rapidly as

practicable, beginning not earlier than September 1, 2002, and no

sooner than 30 months after the date of the issuance of the final

rule, but not later than September 1, 2003. The final rule shall

become fully effective for all vehicles identified in section

30127(b), title 49, United States Code, that are manufactured on

and after September 1, 2005. Should the phase-in of the final

rule required by this paragraph commence on September 1, 2003,

then in that event, and only in that event, the Secretary is

authorized to make the final rule fully effective on September 1,

2006, for all vehicles that are manufactured on and after that

date.

"(4) Coordination of effective dates. - The requirements of S13

of Standard No. 208 shall remain in effect unless and until

changed by the rule required by this subsection.

"(5) Credit for early compliance. - To encourage early

compliance, the Secretary is directed to include in the notice of

proposed rulemaking required by paragraph (1) means by which

manufacturers may earn credits for future compliance. Credits, on

a one-vehicle for one-vehicle basis, may be earned for vehicles

certified as being in full compliance under section 30115 of

title 49, United States Code, with the rule required by paragraph

(2) which are either -

"(A) so certified in advance of the phase-in period; or

"(B) in excess of the percentage requirements during the

phase-in period.

"(b) Advisory Committees. - Any government advisory committee,

task force, or other entity involving air bags shall include

representatives of consumer and safety organizations, insurers,

manufacturers, and suppliers."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30141, 30165 of this

title.

-End-

-CITE-

49 USC SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR

VEHICLES AND EQUIPMENT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND

EQUIPMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 30112, 30169 of this

title.

-End-

-CITE-

49 USC Sec. 30141 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30141. Importing motor vehicles capable of complying with

standards

-STATUTE-

(a) General. - Section 30112(a) of this title does not apply to a

motor vehicle if -

(1) on the initiative of the Secretary of Transportation or on

petition of a manufacturer or importer registered under

subsection (c) of this section, the Secretary decides -

(A) the vehicle is -

(i) substantially similar to a motor vehicle originally

manufactured for import into and sale in the United States;

(ii) certified under section 30115 of this title;

(iii) the same model year (as defined under regulations of

the Secretary of Transportation) as the model of the motor

vehicle it is being compared to; and

(iv) capable of being readily altered to comply with

applicable motor vehicle safety standards prescribed under

this chapter; or

(B) if there is no substantially similar United States motor

vehicle, the safety features of the vehicle comply with or are

capable of being altered to comply with those standards based

on destructive test information or other evidence the Secretary

of Transportation decides is adequate;

(2) the vehicle is imported by a registered importer; and

(3) the registered importer pays the annual fee the Secretary

of Transportation establishes under subsection (e) of this

section to pay for the costs of carrying out the registration

program for importers under subsection (c) of this section and

any other fees the Secretary of Transportation establishes to pay

for the costs of -

(A) processing bonds provided to the Secretary of the

Treasury under subsection (d) of this section; and

(B) making the decisions under this subchapter.

(b) Procedures on Deciding on Motor Vehicle Capability. - (1) The

Secretary of Transportation shall establish by regulation

procedures for making a decision under subsection (a)(1) of this

section and the information a petitioner must provide to show

clearly that the motor vehicle is capable of being brought into

compliance with applicable motor vehicle safety standards

prescribed under this chapter. In establishing the procedures, the

Secretary shall provide for a minimum period of public notice and

written comment consistent with ensuring expeditious, but complete,

consideration and avoiding delay by any person. In making a

decision under those procedures, the Secretary shall consider test

information and other information available to the Secretary,

including any information provided by the manufacturer. If the

Secretary makes a negative decision, the Secretary may not make

another decision for the same model until at least 3 calendar

months have elapsed after the negative decision.

(2) The Secretary of Transportation shall publish each year in

the Federal Register a list of all decisions made under subsection

(a)(1) of this section. Each published decision applies to the

model of the motor vehicle for which the decision was made. A

positive decision permits another importer registered under

subsection (c) of this section to import a vehicle of the same

model under this section if the importer complies with all the

terms of the decision.

(c) Registration. - (1) The Secretary of Transportation shall

establish procedures for registering a person who complies with

requirements prescribed by the Secretary by regulation under this

subsection, including -

(A) recordkeeping requirements;

(B) inspection of records and facilities related to motor

vehicles the person has imported, altered, or both; and

(C) requirements that ensure that the importer (or a successor

in interest) will be able technically and financially to carry

out responsibilities under sections 30117(b), 30118-30121, and

30166(f) of this title.

(2) The Secretary of Transportation shall deny registration to a

person whose registration is revoked under paragraph (4) of this

subsection.

(3) The Secretary of Transportation may deny registration to a

person that is or was owned or controlled by, or under common

ownership or control with, a person whose registration was revoked

under paragraph (4) of this subsection.

(4) The Secretary of Transportation shall establish procedures

for -

(A) revoking or suspending a registration issued under

paragraph (1) of this subsection for not complying with a

requirement of this subchapter or any of sections 30112, 30115,

30117-30122, 30125(c), 30127, or 30166 of this title or

regulations prescribed under this subchapter or any of those

sections;

(B) automatically suspending a registration for not paying a

fee under subsection (a)(3) of this section in a timely manner or

for knowingly filing a false or misleading certification under

section 30146 of this title; and

(C) reinstating suspended registrations.

(d) Bonds. - (1) A person importing a motor vehicle under this

section shall provide a bond to the Secretary of the Treasury

(acting for the Secretary of Transportation) and comply with the

terms the Secretary of Transportation decides are appropriate to

ensure that the vehicle -

(A) will comply with applicable motor vehicle safety standards

prescribed under this chapter within a reasonable time (specified

by the Secretary of Transportation) after the vehicle is

imported; or

(B) will be exported (at no cost to the United States

Government) by the Secretary of the Treasury or abandoned to the

Government.

(2) The amount of the bond provided under this subsection shall

be at least equal to the dutiable value of the motor vehicle (as

determined by the Secretary of the Treasury) but not more than 150

percent of that value.

(e) Fee Review, Adjustment, and Use. - The Secretary of

Transportation shall review and make appropriate adjustments at

least every 2 years in the amounts of the fees required to be paid

under subsection (a)(3) of this section. The Secretary of

Transportation shall establish the fees for each fiscal year before

the beginning of that year. All fees collected remain available

until expended without fiscal year limit to the extent provided in

advance by appropriation laws. The amounts are only for use by the

Secretary of Transportation -

(1) in carrying out this section and sections 30146(a)-(c)(1),

(d), and (e) and 30147(b) of this title; and

(2) in advancing to the Secretary of the Treasury amounts for

costs incurred under this section and section 30146 of this title

to reimburse the Secretary of the Treasury for those costs.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 960; Pub. L.

103-429, Sec. 6(23), Oct. 31, 1994, 108 Stat. 4380.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30141(a) 15:1397(c)(3)(A), Sept. 9, 1966, Pub. L.

(C)(i). 89-563, 80 Stat. 718, Sec.

108(c)(2), (3)(A)-(D); added

Oct. 31, 1988, Pub. L.

100-562, Sec. 2(b), 102

Stat. 2818.

30141(b) 15:1397(c)(3)(C)

(ii)-(iv).

30141(c) 15:1397(c)(3)(D).

30141(d) 15:1397(c)(2).

30141(e) 15:1397(c)(3)(B).

--------------------------------------------------------------------

In subsection (a)(1)(A)(iv), the words "prescribed under this

chapter" are substituted for "Federal" for consistency in this

chapter.

In subsection (a)(3), before clause (A), the words "any other

fees" are substituted for "such other annual fee or fees" to

eliminate unnecessary words. In clause (B), the words "this

subchapter" are substituted for "this section" for clarity. See H.

Rept. No. 100-431, 100th Cong., 1st Sess., p. 19 (1987).

In subsection (b)(1), the words "procedures for making a decision

under subsection (a)(1) of this section" are substituted for

"procedures for considering such petitions" and "procedures for

determinations made on the Secretary's initiative" because of the

restatement. The words "(whether or not confidential)" are omitted

as unnecessary because of the restatement.

In subsection (b)(2), the word "permits" is substituted for

"shall be sufficient authority" for clarity. The word "conditions"

is omitted as being included in "terms".

In subsection (c)(1), before clause (A), the words "under this

subsection" are added for clarity. The word "including" is

substituted for "include, as a minimum" to eliminate unnecessary

words. In clause (B), the words "(relating to discovery,

notification, and remedy of defects)" are omitted as surplus.

In subsection (c)(3), the words "directly or indirectly" are

omitted as unnecessary because of the restatement.

In subsection (d)(1), before clause (A), the word "conditions" is

omitted as being included in "terms".

PUB. L. 103-429

This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous

cross-references.

AMENDMENTS

1994 - Subsec. (c)(4)(A). Pub. L. 103-429 substituted "any of

sections 30112" for "section 30112" and inserted "any of" before

"those sections".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 30142, 30146,

30147, 30165, 32902 of this title.

-End-

-CITE-

49 USC Sec. 30142 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30142. Importing motor vehicles for personal use

-STATUTE-

(a) General. - Section 30112(a) of this title does not apply to

an imported motor vehicle if -

(1) the vehicle is imported for personal use, and not for

resale, by an individual (except an individual described in

sections 30143 and 30144 of this title);

(2) the vehicle is imported after January 31, 1990; and

(3) the individual takes the actions required under subsection

(b) of this section to receive an exemption.

(b) Exemptions. - (1) To receive an exemption under subsection

(a) of this section, an individual must -

(A) provide the Secretary of the Treasury (acting for the

Secretary of Transportation) with -

(i) an appropriate bond in an amount determined under section

30141(d) of this title;

(ii) a copy of an agreement with an importer registered under

section 30141(c) of this title for bringing the motor vehicle

into compliance with applicable motor vehicle safety standards

prescribed under this chapter; and

(iii) a certification that the vehicle meets the requirement

of section 30141(a)(1)(A) or (B) of this title; and

(B) comply with appropriate terms the Secretary of

Transportation imposes to ensure that the vehicle -

(i) will be brought into compliance with those standards

within a reasonable time (specified by the Secretary of

Transportation) after the vehicle is imported; or

(ii) will be exported (at no cost to the United States

Government) by the Secretary of the Treasury or abandoned to

the Government.

(2) For good cause shown, the Secretary of Transportation may

allow an individual additional time, but not more than 30 days

after the day on which the motor vehicle is offered for import, to

comply with paragraph (1)(A)(ii) of this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 962.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30142(a) 15:1397(f)(1). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

108(f); added Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2822.

30142(b) 15:1397(f)(2).

--------------------------------------------------------------------

In subsection (a)(2), the words "after January 31, 1990" are

substituted for "after the effective date of the regulations

initially issued to implement the amendments made to this section

by the Imported Vehicle Safety Compliance Act of 1988" for clarity.

See 49 C.F.R. part 591.

In subsection (a)(3), the words "the individual takes the actions

required under subsection (b) of this section" are substituted for

"if that individual takes the actions required by paragraph (2)"

for clarity and because of the restatement.

In subsection (b)(1), the word "compliance" is substituted for

"conformity" for consistency in this chapter.

In subsection (b)(1)(B), before subclause (i), the word

"conditions" is omitted as being included in "terms".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 30146, 30147,

30165, 32902 of this title.

-End-

-CITE-

49 USC Sec. 30143 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30143. Motor vehicles imported by individuals employed outside

the United States

-STATUTE-

(a) Definition. - In this section, "assigned place of employment"

means -

(1) the principal location at which an individual is

permanently or indefinitely assigned to work; and

(2) for a member of the uniformed services, the individual's

permanent duty station.

(b) General. - Section 30112(a) of this title does not apply to a

motor vehicle imported for personal use, and not for resale, by an

individual -

(1) whose assigned place of employment was outside the United

States as of October 31, 1988, and who has not had an assigned

place of employment in the United States from that date through

the date the vehicle is imported into the United States;

(2) who previously had not imported a motor vehicle into the

United States under this section or section 108(g) of the

National Traffic and Motor Vehicle Safety Act of 1966 or, before

October 31, 1988, under section 108(b)(3) of that Act;

(3) who acquired, or made a binding contract to acquire, the

vehicle before October 31, 1988;

(4) who imported the vehicle into the United States not later

than October 31, 1992; and

(5) who satisfies section 108(b)(3) of that Act as in effect on

October 30, 1988.

(c) Certification. - Subsection (b) of this section is carried

out by certification in the form the Secretary of Transportation or

the Secretary of the Treasury may prescribe.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 963.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30143(a) 15:1397(g) (3d, Sept. 9, 1966, Pub. L.

last sentences). 89-563, 80 Stat. 718, Sec.

108(g); added Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2823.

30143(b), 15:1397(g) (1st, 2d

(c) sentences).

--------------------------------------------------------------------

In subsection (b), before clause (1), the words "(including a

member of the uniformed services)" are omitted as unnecessary

because of the restatement. In clause (1), the words "from that

date through the date the vehicle is imported into the United

States" are substituted for "that date and the date of entry of

such motor vehicle" for clarity and consistency in this chapter. In

clause (2), the words "under this section or section 108(g) of the

National Traffic and Motor Vehicle Safety Act of 1966" are

substituted for "this subsection" to preserve the exemption for

motor vehicles imported under the source provisions between October

30, 1988, and the effective date of this restatement. In clause

(4), the word "imports" is substituted for "enters" for clarity and

consistency in this chapter. In clause (5) the word "satisfies" is

substituted for "meets the terms, conditions, and other

requirements . . . under" to eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

Subsections (b)(3) and (g) of section 108 of the National Traffic

and Motor Vehicle Safety Act of 1966, referred to in subsec.

(b)(2), (5), are subsecs. (b)(3) and (g) of section 108 of Pub. L.

89-563, which were classified to subsecs. (b)(3) and (g),

respectively, of section 1397 of Title 15, Commerce and Trade, were

repealed and reenacted in sections 30112(b)(1)-(3) and 30143,

respectively, of this title by Pub. L. 103-272, Secs. 1(e), 7(b),

July 5, 1994, 108 Stat. 945, 963, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 30142, 30165 of

this title.

-End-

-CITE-

49 USC Sec. 30144 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30144. Importing motor vehicles on a temporary basis

-STATUTE-

(a) General. - Section 30112(a) of this title does not apply to a

motor vehicle imported on a temporary basis for personal use by an

individual who is a member of -

(1)(A) the personnel of the government of a foreign country on

assignment in the United States or a member of the Secretariat of

a public international organization designated under the

International Organizations Immunities Act (22 U.S.C. 288 et

seq.); and

(B) the class of individuals for whom the Secretary of State

has authorized free importation of motor vehicles; or

(2) the armed forces of a foreign country on assignment in the

United States.

(b) Verification. - The Secretary of Transportation or the

Secretary of the Treasury may require verification, that the

Secretary of Transportation considers appropriate, that an

individual is a member described under subsection (a) of this

section. The Secretary of Transportation shall ensure that a motor

vehicle imported under this section will be exported (at no cost to

the United States Government) or abandoned to the Government when

the individual no longer -

(1) resides in the United States; and

(2) is a member described under subsection (a) of this section.

(c) Sale in the United States. - A motor vehicle imported under

this section may not be sold when in the United States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 964; Pub. L.

104-287, Sec. 5(57), Oct. 11, 1996, 110 Stat. 3394.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30144(a) 15:1397(h) (1st Sept. 9, 1966, Pub. L.

sentence). 89-563, 80 Stat. 718, Sec.

108(h); added Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2823.

30144(b) 15:1397(h) (2d, 3d

sentences).

30144(c) 15:1397(h) (last

sentence).

--------------------------------------------------------------------

In subsection (a)(1)(B), the word "importation" is substituted

for "entry" for clarity and consistency in this chapter.

In subsection (b), before clause (1), the words "that an

individual is a member described under subsection (a) of this

section" are substituted for "such status" for clarity. The word

"imported" is substituted for "entered" for clarity and consistency

in this chapter. In clause (2), the words "a member described under

subsection (a) of this section" are substituted for "hold such

status" for clarity.

PUB. L. 104-287

This amends 49:30144(a)(1)(A) to correct an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

The International Organizations Immunities Act, referred to in

subsec. (a)(1)(A), is title I of act Dec. 29, 1945, ch. 652, 59

Stat. 669, as amended, which is classified principally to

subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22,

Foreign Relations and Intercourse. For complete classification of

this Act to the Code, see Short Title note set out under section

288 of Title 22 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1)(A). Pub. L. 104-287 substituted

"International Organizations" for "International Organization".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 30142, 30165 of

this title.

-End-

-CITE-

49 USC Sec. 30145 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30145. Importing motor vehicles or equipment requiring further

manufacturing

-STATUTE-

Section 30112(a) of this title does not apply to a motor vehicle

or motor vehicle equipment if the vehicle or equipment -

(1) requires further manufacturing to perform its intended

function as decided under regulations prescribed by the Secretary

of Transportation; and

(2) is accompanied at the time of importation by a written

statement issued by the manufacturer indicating the applicable

motor vehicle safety standard prescribed under this chapter with

which it does not comply.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 964.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30145 15:1397(e). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

108(e); added Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2822.

--------------------------------------------------------------------

In clause (2), the word "importation" is substituted for "entry"

for clarity and consistency in this chapter. The words "of the

incomplete motor vehicle or item of equipment" are omitted as

unnecessary because of the restatement. The words "prescribed under

this chapter" are substituted for "Federal" for consistency in this

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30112, 30165 of this

title.

-End-

-CITE-

49 USC Sec. 30146 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30146. Release of motor vehicles and bonds

-STATUTE-

(a) Compliance Certification and Bond. - (1) Except as provided

in subsections (c) and (d) of this section, an importer registered

under section 30141(c) of this title may license or register an

imported motor vehicle for use on public streets, roads, or

highways, or release custody of a motor vehicle imported by the

registered importer or imported by an individual under section

30142 of this title and altered by the registered importer to meet

applicable motor vehicle safety standards prescribed under this

chapter to a person for license or registration for use on public

streets, roads, or highways, only after 30 days after the

registered importer certifies to the Secretary of Transportation,

in the way the Secretary prescribes, that the motor vehicle

complies with each standard prescribed in the year the vehicle was

manufactured and that applies in that year to that vehicle. A

vehicle may not be released if the Secretary gives written notice

before the end of the 30-day period that the Secretary will inspect

the vehicle under subsection (c) of this section.

(2) The Secretaries of Transportation and the Treasury shall

prescribe regulations -

(A) ensuring the release of a motor vehicle and bond required

under section 30141(d) of this title at the end of the 30-day

period, unless the Secretary of Transportation issues a notice of

an inspection under subsection (c) of this section; and

(B) providing that the Secretary of Transportation shall

release the vehicle and bond promptly after an inspection under

subsection (c) of this section showing compliance with the

standards applicable to the vehicle.

(3) Each registered importer shall include on each motor vehicle

released under this subsection a label prescribed by the Secretary

of Transportation identifying the importer and stating that the

vehicle has been altered by the importer to comply with the

standards applicable to the vehicle.

(b) Reliance on Manufacturer's Certification. - In making a

certification under subsection (a)(1) of this section, the

registered importer may rely on the manufacturer's certification

for the model to which the motor vehicle involved is substantially

similar if the importer certifies that any alteration made by the

importer did not affect the compliance of the safety features of

the vehicle and the importer keeps records verifying the

certification for the period the Secretary of Transportation

prescribes.

(c) Evidence of Compliance. - (1) The Secretary of Transportation

may require that the certification under subsection (a)(1) of this

section be accompanied by evidence of compliance the Secretary

considers appropriate or may inspect the certified motor vehicle,

or both. If the Secretary gives notice of an inspection, an

importer may release the vehicle only after -

(A) an inspection showing the motor vehicle complies with

applicable motor vehicle safety standards prescribed under this

chapter for which the inspection was made; and

(B) release of the vehicle by the Secretary.

(2) The Secretary of Transportation shall inspect periodically a

representative number of motor vehicles for which certifications

have been filed under subsection (a)(1) of this section. In

carrying out a motor vehicle testing program under this chapter,

the Secretary shall include a representative number of motor

vehicles for which certifications have been filed under subsection

(a)(1).

(d) Challenging the Certification. - A motor vehicle or bond may

not be released under subsection (a) of this section if the

Secretary of Transportation, not later than 30 days after receiving

a certification under subsection (a)(1) of this section, gives

written notice that the Secretary believes or has reason to believe

that the certification is false or contains a mispresentation. The

vehicle and bond may be released only after the Secretary is

satisfied with the certification and any modification of the

certification.

(e) Bond Release. - A release of a bond required under section

30141(d) of this title is deemed an acceptance of a certification

or completion of an inspection under this section but is not a

decision by the Secretary of Transportation under section 30118(a)

or (b) of this title of compliance with applicable motor vehicle

safety standards prescribed under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 964.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30146(a) 15:1397(c)(3)(E)(i) Sept. 9, 1966, Pub. L.

(1st, 3d, last 89-563, 80 Stat. 718, Sec.

sentences), (vii). 108(c)(3)(E); added Oct. 31,

1988, Pub. L. 100-562, Sec.

2(b), 102 Stat. 2820.

30146(b) 15:1397(c)(3)(E)(

ii).

30146(c) 15:1397(c)(3)(E)(i)

(2d sentence),

(iii), (iv).

30146(d) 15:1397(c)(3)(E)(

vi).

30146(e) 15:1397(c)(3)(E)(v).

--------------------------------------------------------------------

In subsection (a)(1), the words "Except as provided in

subsections (c) and (d) of this section" are added because of the

restatement.

In subsection (a)(2)(B), the words "showing compliance with the

standards" are substituted for "showing no such failure to comply"

for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30141, 30147, 30165,

30169 of this title.

-End-

-CITE-

49 USC Sec. 30147 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER III - IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT

-HEAD-

Sec. 30147. Responsibility for defects and noncompliance

-STATUTE-

(a) Deeming Defect or Noncompliance to Certain Vehicles and

Importer as Manufacturer. - (1) In carrying out sections 30117(b),

30118-30121, and 30166(f) of this title -

(A) for a defect or noncompliance with an applicable motor

vehicle safety standard prescribed under this chapter for a motor

vehicle originally manufactured for import into the United

States, an imported motor vehicle having a valid certification

under section 30146(a)(1) of this title and decided to be

substantially similar to that motor vehicle shall be deemed as

having the same defect or as not complying with the same standard

unless the manufacturer or importer registered under section

30141(c) of this title demonstrates otherwise to the Secretary of

Transportation; and

(B) the registered importer shall be deemed to be the

manufacturer of any motor vehicle that the importer imports or

brings into compliance with the standards for an individual under

section 30142 of this title.

(2) The Secretary shall publish in the Federal Register notice of

any defect or noncompliance under paragraph (1)(A) of this

subsection.

(b) Financial Responsibility Requirement. - The Secretary shall

require by regulation each registered importer (including any

successor in interest) to provide and maintain evidence,

satisfactory to the Secretary, of sufficient financial

responsibility to meet its obligations under sections 30117(b),

30118-30121, and 30166(f) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 966.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30147(a) 15:1397(d)(1). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

108(d); added Oct. 31, 1988,

Pub. L. 100-562, Sec. 2(b),

102 Stat. 2821.

30147(b) 15:1397(d)(2).

--------------------------------------------------------------------

In this section, the words "(relating to discovery, notification,

and remedy of motor vehicle defects)" are omitted as surplus.

In subsection (a)(1)(A), the words "for a motor vehicle" are

substituted for "in, or regarding, any motor vehicle" to eliminate

unnecessary words.

In subsection (a)(1)(B), the word "compliance" is substituted for

"conformity" for consistency in this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30141, 30165 of this

title.

-End-

-CITE-

49 USC SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-End-

-CITE-

49 USC Sec. 30161 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30161. Judicial review of standards

-STATUTE-

(a) Filing and Venue. - A person adversely affected by an order

prescribing a motor vehicle safety standard under this chapter may

apply for review of the order by filing a petition for review in

the court of appeals of the United States for the circuit in which

the person resides or has its principal place of business. The

petition must be filed not later than 59 days after the order is

issued.

(b) Notifying Secretary. - The clerk of the court shall send

immediately a copy of the petition to the Secretary of

Transportation. The Secretary shall file with the court a record of

the proceeding in which the order was prescribed.

(c) Additional Proceedings. - (1) On request of the petitioner,

the court may order the Secretary to receive additional evidence

and evidence in rebuttal if the court is satisfied that the

additional evidence is material and there were reasonable grounds

for not presenting the evidence in the proceeding before the

Secretary.

(2) The Secretary may modify findings of fact or make new

findings because of the additional evidence presented. The

Secretary shall file a modified or new finding, a recommendation to

modify or set aside the order, and the additional evidence with the

court.

(d) Certified Copies of Records of Proceedings. - The Secretary

shall give any interested person a certified copy of the transcript

of the record in a proceeding under this section on request and

payment of costs. A certified copy of the record of the proceeding

is admissible in a proceeding arising out of a matter under this

chapter, regardless of whether the proceeding under this section

has begun or becomes final.

(e) Finality of Judgment and Supreme Court Review. - A judgment

of a court under this section is final and may be reviewed only by

the Supreme Court under section 1254 of title 28.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 966.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30161(a) 15:1394(a)(1) (1st Sept. 9, 1966, Pub. L.

sentence), (3). 89-563, Sec. 105(a)(1)-(5),

(b), 80 Stat. 720, 721.

30161(b) 15:1394(a)(1) (2d,

last sentences).

30161(c) 15:1394(a)(2).

30161(d) 15:1394(b).

30161(e) 15:1394(a)(4), (5).

--------------------------------------------------------------------

In subsection (a), the words "In a case of actual controversy as

to the validity of" and "who will be . . . when it is effective"

are omitted as surplus. The words "an order prescribing a motor

vehicle safety standard under this chapter" are substituted for

"any order under section 1392 of this title" for consistency. The

words "apply for review" are added for clarity. The words "The

petition must be filed" are substituted for "at any time" for

clarity. The text of 15:1394(a)(3) is omitted as surplus because

5:ch. 7 applies unless otherwise stated.

In subsection (b), the words "or other officer designated by him

for that purpose" are omitted as surplus because of 49:322(b). The

words "in which the order was prescribed" are substituted for "on

which the Secretary based his order" for consistency. The words "as

provided in section 2112 of title 28" are omitted as surplus.

In subsection (c)(1), the words "in such manner and upon such

terms and conditions as to the court may seem proper" are omitted

as surplus. The words "is satisfied" are substituted for "shows to

the satisfaction of" to eliminate unnecessary words. The words "and

to be adduced upon the hearing" are omitted as unnecessary.

In subsection (c)(2), the words "with the court" are substituted

for "the return of" for clarity.

In subsection (d), the words "thereof" and "criminal, exclusion

of imports, or other" are omitted as surplus. The words "under this

section" are substituted for "with respect to the order" for

clarity. The word "previously" is omitted as surplus.

In subsection (e), the words "under this section is final and may

be reviewed only" are substituted for "affirming or setting aside,

in whole or in part, any such order of the Secretary shall be

final, subject to review" to eliminate unnecessary words. The text

of 15:1394(a)(5) is omitted because of rule 43 of the Federal Rules

of Appellate Procedure (28 App. U.S.C.).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30103 of this title.

-End-

-CITE-

49 USC Sec. 30162 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30162. Petitions by interested persons for standards and

enforcement

-STATUTE-

(a) Filing. - Any interested person may file a petition with the

Secretary of Transportation requesting the Secretary to begin a

proceeding -

(1) to prescribe a motor vehicle safety standard under this

chapter; or

(2) to decide whether to issue an order under section 30118(b)

of this title.

(b) Statement of Facts. - The petition must state facts that the

person claims establish that a motor vehicle safety standard or

order referred to in subsection (a) of this section is necessary

and briefly describe the order the Secretary should issue.

(c) Proceedings. - The Secretary may hold a public hearing or

conduct an investigation or proceeding to decide whether to grant

the petition.

(d) Actions of Secretary. - The Secretary shall grant or deny a

petition not later than 120 days after the petition is filed. If a

petition is granted, the Secretary shall begin the proceeding

promptly. If a petition is denied, the Secretary shall publish the

reasons for the denial in the Federal Register.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 967.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30162(a) 15:1410a(a). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

124(a)-(d); added Oct. 27,

1974, Pub. L. 93-492, Sec.

106, 88 Stat. 1481.

30162(b) 15:1410a(b).

30162(c) 15:1410a(c).

30162(d) 15:1410a(d).

--------------------------------------------------------------------

Subsection (a)(1) is substituted for "the issuance of an order

pursuant to section 1392 of this title" for clarity and because of

the restatement.

In subsection (b), the words "a motor vehicle safety standard"

are added because of the restatement. The words "referred to in

subsection (a) of this section" are added for clarity. The words

"of the substance" are omitted as surplus.

In subsection (c), the words "as he deems appropriate in order"

and "or not" are omitted as surplus.

In subsection (d), the words "described in subsection (b) of this

section", "either", and "requested in the petition" are omitted as

surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30103 of this title.

-End-

-CITE-

49 USC Sec. 30163 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30163. Actions by the Attorney General

-STATUTE-

(a) Civil Actions To Enforce. - The Attorney General may bring a

civil action in a United States district court to enjoin -

(1) a violation of this chapter or a regulation prescribed or

order issued under this chapter; and

(2) the sale, offer for sale, or introduction or delivery for

introduction, in interstate commerce, or the importation into the

United States, of a motor vehicle or motor vehicle equipment for

which it is decided, before the first purchase in good faith

other than for resale, that the vehicle or equipment -

(A) contains a defect related to motor vehicle safety about

which notice was given under section 30118(c) of this title or

an order was issued under section 30118(b) of this title; or

(B) does not comply with an applicable motor vehicle safety

standard prescribed under this chapter.

(b) Prior Notice. - When practicable, the Secretary of

Transportation shall notify a person against whom a civil action

under subsection (a) of this section is planned, give the person an

opportunity to present that person's views, and, except for a

knowing and willful violation of this chapter, give the person a

reasonable opportunity to remedy the defect or comply with the

applicable motor vehicle safety standard prescribed under this

chapter. Failure to give notice and an opportunity to remedy the

defect or comply with the applicable motor vehicle safety standard

prescribed under this chapter does not prevent a court from

granting appropriate relief.

(c) Venue. - Except as provided in section 30121(d) of this

title, a civil action under this section or section 30165(a) of

this title may be brought in the judicial district in which the

violation occurred or the defendant is found, resides, or does

business. Process in the action may be served in any other judicial

district in which the defendant resides or is found.

(d) Jury Trial Demand. - In a trial for criminal contempt for

violating an injunction or restraining order issued under

subsection (a) of this section, the violation of which is also a

violation of this chapter, the defendant may demand a jury trial.

The defendant shall be tried as provided in rule 42(b) of the

Federal Rules of Criminal Procedure (18 App. U.S.C.).

(e) Subpenas for Witnesses. - In a civil action brought under

this section, a subpena for a witness may be served in any judicial

district.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 967.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30163(a) 15:1399(a) (1st Sept. 9, 1966, Pub. L.

sentence). 89-563, Sec. 110(a), (c), 80

Stat. 723, 724; Oct. 27,

1974, Pub. L. 93-492, Secs.

102(b)(2), 103(c), 88 Stat.

1477, 1478.

15:1424(b) (related Sept. 9, 1966, Pub. L.

to injunctions). 89-563, Sec. 204(b) (related

to injunctions), 80 Stat.

729.

30163(b) 15:1399(a) (2d,

last sentences).

30163(c) 15:1399(c).

30163(d) 15:1399(b). Sept. 9, 1966, Pub. L.

89-563, Sec. 110(b), (d)

(related to Sec. 110), 80

Stat. 723, 724.

30163(e) 15:1399(d) (related

to 15:1399).

--------------------------------------------------------------------

In subsection (a), before clause (1), the text of 15:1424(b)

(related to injunctions) is omitted because of the restatement. The

words "The Attorney General may bring a civil action" are

substituted for "upon petition by . . . the Attorney General" for

consistency. The words "the appropriate United States attorney or .

. . on behalf of the United States" are omitted as surplus. The

words "for cause shown and subject to the provisions of rule 65(a)

and (b) of the Federal Rules of Civil Procedure" are omitted as

surplus. In clause (1), the words "a regulation prescribed or order

issued under this chapter" are substituted for "(or rules,

regulations or orders thereunder)" for clarity and consistency and

because "rule" and "regulation" are synonymous. In clause (2),

before subclause (A), the words "that the vehicle or equipment" are

added for clarity. The words "of such vehicle" and "purposes" are

omitted as surplus. In subclause (B), the words "does not comply

with" are substituted for "is determined . . . not to conform to"

for clarity and consistency.

In subsections (b), (c), and (e), the word "civil" is added

because of rule 2 of the Federal Rules of Civil Procedure (28 App.

U.S.C.).

In subsection (b), the words "comply with the applicable motor

vehicle safety standard prescribed under this chapter" are

substituted for "achieve compliance", and the words "a court" are

added, for clarity.

In subsection (c), the words "any act or transaction constituting

the" are omitted as surplus. The word "resides" is substituted for

"is an inhabitant" for consistency in the revised title. The words

"the action" are substituted for "such cases" for consistency.

In subsection (d), the words "the defendant may demand a jury

trial" are substituted for "trial shall be by the court, or, upon

demand of the accused, by a jury" to eliminate unnecessary words

and for consistency in the revised title.

In subsection (e), the words "who are required to attend a United

States district court" are omitted as surplus. The words "be served

in" are substituted for "run into" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30121 of this title.

-End-

-CITE-

49 USC Sec. 30164 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30164. Service of process

-STATUTE-

(a) Designating Agents. - A manufacturer offering a motor vehicle

or motor vehicle equipment for import shall designate an agent on

whom service of notices and process in administrative and judicial

proceedings may be made. The designation shall be in writing and

filed with the Secretary of Transportation. The designation may be

changed in the same way as originally made.

(b) Service. - An agent may be served at the agent's office or

usual place of residence. Service on the agent is deemed to be

service on the manufacturer. If a manufacturer does not designate

an agent, service may be made by posting the notice or process in

the office of the Secretary.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 968.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30164(a) 15:1399(e) (1st Sept. 9, 1966, Pub. L.

sentence). 89-563, Sec. 110(e), 80

Stat. 724.

30164(b) 15:1399(e) (last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "A manufacturer offering . . .

shall" are substituted for "It shall be the duty of every

manufacturer offering . . . to" to eliminate unnecessary words. The

words "into the United States", "all . . . orders, decisions and

requirements", and "for and on behalf of said manufacturer" are

omitted as surplus. The words "The designation may be changed in

the same way as originally made" are substituted for "which

designation may from time to time be changed by like writing,

similarly filed" for clarity.

In subsection (b), the words "An agent may be served" are

substituted for "Service of all administrative and judicial

processes, notices, orders, decisions and requirements may be made

upon said manufacturer by service upon such designated agent" to

eliminate unnecessary words. The words "Service on the agent is

deemed to be service on the manufacturer" are substituted for "with

like effects as if made personally upon said manufacturer", and the

words "If a manufacturer does not designate an agent" are

substituted for "and in default of such designation of such agent",

for clarity. The words "of process, notice, order, requirement or

decision in any proceeding before the Secretary or in any judicial

proceeding for enforcement of this subchapter or any standards

prescribed pursuant to this subchapter" and "order, requirement or

decision" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 30165 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30165. Civil penalty

-STATUTE-

(a) Civil Penalties. -

(1) In general. - A person that violates any of section 30112,

30115, 30117 through 30122, 30123(d),(!1) 30125(c), 30127, or

30141 through 30147, or a regulation prescribed thereunder, is

liable to the United States Government for a civil penalty of not

more than $5,000 for each violation. A separate violation occurs

for each motor vehicle or item of motor vehicle equipment and for

each failure or refusal to allow or perform an act required by

any of those sections. The maximum penalty under this subsection

for a related series of violations is $15,000,000.

(2) Section 30166. - A person who violates section 30166 or a

regulation prescribed under that section is liable to the United

States Government for a civil penalty for failing or refusing to

allow or perform an act required under that section or

regulation. The maximum penalty under this paragraph is $5,000

per violation per day. The maximum penalty under this paragraph

for a related series of daily violations is $15,000,000.

(b) Compromise and Setoff. - (1) The Secretary of Transportation

may compromise the amount of a civil penalty imposed under this

section.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes the

person liable for the penalty.

(c) Considerations. - In determining the amount of a civil

penalty or compromise, the appropriateness of the penalty or

compromise to the size of the business of the person charged and

the gravity of the violation shall be considered.

(d) Subpenas for Witnesses. - In a civil action brought under

this section, a subpena for a witness may be served in any judicial

district.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 968; Pub. L.

103-429, Sec. 6(23), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

106-414, Sec. 5(a), Nov. 1, 2000, 114 Stat. 1803.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30165(a) 15:1398(a). Sept. 9, 1966, Pub. L.

89-563, Sec. 109(a), 80

Stat. 723; Oct. 27, 1974,

Pub. L. 93-492, Sec. 103(b),

88 Stat. 1478.

15:1424(b) (related Sept. 9, 1966, Pub. L.

to civil penalty). 89-563, Secs. 109(b), 110(d)

(related to Sec. 109),

204(b) (related to civil

penalty), 80 Stat. 723, 724,

729.

30165(b) 15:1398(b) (1st,

last sentences).

30165(c) 15:1398(b) (2d

sentence).

30165(d) 15:1399(d) (related

to 15:1398).

--------------------------------------------------------------------

In subsection (a), the text of 15:1424(b) (related to civil

penalty) is omitted because of the restatement. The words "is

liable to the United States Government for" are substituted for

"shall be subject to" for consistency. The words "A separate

violation occurs for" are substituted for "Such violation of a

provision of section 1397 of this title, or regulations issued

thereunder, shall constitute a separate violation with respect to"

to eliminate unnecessary words.

In subsection (b)(2), the words "amount of a civil penalty

imposed or compromised" are substituted for "amount of such

penalty, when finally determined, or the amount agreed upon in

compromise" to eliminate unnecessary words.

In subsection (d), the words "who are required to attend a United

States district court" are omitted as surplus. The words "be served

in" are substituted for "run into" for clarity.

PUB. L. 103-429

This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous

cross-references.

-REFTEXT-

REFERENCES IN TEXT

Section 30123(d) of this title, referred to in subsec. (a)(1),

was redesignated section 30123(a) of this title by Pub. L. 105-178,

title VII, Sec. 7106(b), June 9, 1998, 112 Stat. 467.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-414 amended heading and text

generally. Prior to amendment, text read as follows: "A person that

violates any of sections 30112, 30115, 30117-30122, 30123(d),

30125(c), 30127, 30141-30147, or 30166 of this title or a

regulation prescribed under any of those sections is liable to the

United States Government for a civil penalty of not more than

$1,000 for each violation. A separate violation occurs for each

motor vehicle or item of motor vehicle equipment and for each

failure or refusal to allow or perform an act required by any of

those sections. The maximum penalty under this subsection for a

related series of violations is $800,000."

1994 - Subsec. (a). Pub. L. 103-429 substituted "any of sections

30112" for "section 30112" and inserted "any of" before "those

sections" in two places.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30115, 30163 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 30166 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30166. Inspections, investigations, and records

-STATUTE-

(a) Definition. - In this section, "motor vehicle accident" means

an occurrence associated with the maintenance or operation of a

motor vehicle or motor vehicle equipment resulting in personal

injury, death, or property damage.

(b) Authority To Inspect and Investigate. - (1) The Secretary of

Transportation may conduct an inspection or investigation -

(A) that may be necessary to enforce this chapter or a

regulation prescribed or order issued under this chapter; or

(B) related to a motor vehicle accident and designed to carry

out this chapter.

(2) The Secretary of Transportation shall cooperate with State

and local officials to the greatest extent possible in an

inspection or investigation under paragraph (1)(B) of this

subsection.

(c) Matters That Can Be Inspected and Impoundment. - In carrying

out this chapter, an officer or employee designated by the

Secretary of Transportation -

(1) at reasonable times, may inspect and copy any record

related to this chapter;

(2) on request, may inspect records of a manufacturer,

distributor, or dealer to decide whether the manufacturer,

distributor, or dealer has complied or is complying with this

chapter or a regulation prescribed or order issued under this

chapter; and

(3) at reasonable times, in a reasonable way, and on display of

proper credentials and written notice to an owner, operator, or

agent in charge, may -

(A) enter and inspect with reasonable promptness premises in

which a motor vehicle or motor vehicle equipment is

manufactured, held for introduction in interstate commerce, or

held for sale after introduction in interstate commerce;

(B) enter and inspect with reasonable promptness premises at

which a vehicle or equipment involved in a motor vehicle

accident is located;

(C) inspect with reasonable promptness that vehicle or

equipment; and

(D) impound for not more than 72 hours a vehicle or equipment

involved in a motor vehicle accident.

(d) Reasonable Compensation. - When a motor vehicle (except a

vehicle subject to subchapter I of chapter 135 of this title) or

motor vehicle equipment is inspected or temporarily impounded under

subsection (c)(3) of this section, the Secretary of Transportation

shall pay reasonable compensation to the owner of the vehicle if

the inspection or impoundment results in denial of use, or

reduction in value, of the vehicle.

(e) Records and Making Reports. - The Secretary of Transportation

reasonably may require a manufacturer of a motor vehicle or motor

vehicle equipment to keep records, and a manufacturer, distributor,

or dealer to make reports, to enable the Secretary to decide

whether the manufacturer, distributor, or dealer has complied or is

complying with this chapter or a regulation prescribed or order

issued under this chapter. This subsection does not impose a

recordkeeping requirement on a distributor or dealer in addition to

those imposed under subsection (f) of this section and section

30117(b) of this title or a regulation prescribed or order issued

under subsection (f) or section 30117(b).

(f) Providing Copies of Communications About Defects and

Noncompliance. - A manufacturer shall give the Secretary of

Transportation a true or representative copy of each communication

to the manufacturer's dealers or to owners or purchasers of a motor

vehicle or replacement equipment produced by the manufacturer about

a defect or noncompliance with a motor vehicle safety standard

prescribed under this chapter in a vehicle or equipment that is

sold or serviced.

(g) Administrative Authority on Reports, Answers, and Hearings. -

(1) In carrying out this chapter, the Secretary of Transportation

may -

(A) require, by general or special order, any person to file

reports or answers to specific questions, including reports or

answers under oath; and

(B) conduct hearings, administer oaths, take testimony, and

require (by subpena or otherwise) the appearance and testimony of

witnesses and the production of records the Secretary considers

advisable.

(2) A witness summoned under this subsection is entitled to the

same fee and mileage the witness would have been paid in a court of

the United States.

(h) Civil Actions To Enforce and Venue. - A civil action to

enforce a subpena or order under subsection (g) of this section may

be brought in the United States district court for any judicial

district in which the proceeding is conducted. The court may punish

a failure to obey an order of the court to comply with a subpena or

order as a contempt of court.

(i) Governmental Cooperation. - The Secretary of Transportation

may request a department, agency, or instrumentality of the United

States Government to provide records the Secretary considers

necessary to carry out this chapter. The head of the department,

agency, or instrumentality shall provide the record on request, may

detail personnel on a reimbursable basis, and otherwise shall

cooperate with the Secretary. This subsection does not affect a law

limiting the authority of a department, agency, or instrumentality

to provide information to another department, agency, or

instrumentality.

(j) Cooperation of Secretary. - The Secretary of Transportation

may advise, assist, and cooperate with departments, agencies, and

instrumentalities of the Government, States, and other public and

private agencies in developing a method for inspecting and testing

to determine compliance with a motor vehicle safety standard.

(k) Providing Information. - The Secretary of Transportation

shall provide the Attorney General and, when appropriate, the

Secretary of the Treasury, information obtained that indicates a

violation of this chapter or a regulation prescribed or order

issued under this chapter.

(l) Reporting of Defects in Motor Vehicles and Products in

Foreign Countries. -

(1) Reporting of defects, manufacturer determination. - Not

later than 5 working days after determining to conduct a safety

recall or other safety campaign in a foreign country on a motor

vehicle or motor vehicle equipment that is identical or

substantially similar to a motor vehicle or motor vehicle

equipment offered for sale in the United States, the manufacturer

shall report the determination to the Secretary.

(2) Reporting of defects, foreign government determination. -

Not later than 5 working days after receiving notification that

the government of a foreign country has determined that a safety

recall or other safety campaign must be conducted in the foreign

country on a motor vehicle or motor vehicle equipment that is

identical or substantially similar to a motor vehicle or motor

vehicle equipment offered for sale in the United States, the

manufacturer of the motor vehicle or motor vehicle equipment

shall report the determination to the Secretary.

(3) Reporting requirements. - The Secretary shall prescribe the

contents of the notification required by this subsection.

(m) Early Warning Reporting Requirements. -

(1) Rulemaking required. - Not later than 120 days after the

date of the enactment of the Transportation Recall Enhancement,

Accountability, and Documentation (TREAD) Act, the Secretary

shall initiate a rulemaking proceeding to establish early warning

reporting requirements for manufacturers of motor vehicles and

motor vehicle equipment to enhance the Secretary's ability to

carry out the provisions of this chapter.

(2) Deadline. - The Secretary shall issue a final rule under

paragraph (1) not later than June 30, 2002.

(3) Reporting elements. -

(A) Warranty and claims data. - As part of the final rule

promulgated under paragraph (1), the Secretary shall require

manufacturers of motor vehicles and motor vehicle equipment to

report, periodically or upon request by the Secretary,

information which is received by the manufacturer derived from

foreign and domestic sources to the extent that such

information may assist in the identification of defects related

to motor vehicle safety in motor vehicles and motor vehicle

equipment in the United States and which concerns -

(i) data on claims submitted to the manufacturer for

serious injuries (including death) and aggregate statistical

data on property damage from alleged defects in a motor

vehicle or in motor vehicle equipment; or

(ii) customer satisfaction campaigns, consumer advisories,

recalls, or other activity involving the repair or

replacement of motor vehicles or items of motor vehicle

equipment.

(B) Other data. - As part of the final rule promulgated under

paragraph (1), the Secretary may, to the extent that such

information may assist in the identification of defects related

to motor vehicle safety in motor vehicles and motor vehicle

equipment in the United States, require manufacturers of motor

vehicles or motor vehicle equipment to report, periodically or

upon request of the Secretary, such information as the

Secretary may request.

(C) Reporting of possible defects. - The manufacturer of a

motor vehicle or motor vehicle equipment shall report to the

Secretary, in such manner as the Secretary establishes by

regulation, all incidents of which the manufacturer receives

actual notice which involve fatalities or serious injuries

which are alleged or proven to have been caused by a possible

defect in such manufacturer's motor vehicle or motor vehicle

equipment in the United States, or in a foreign country when

the possible defect is in a motor vehicle or motor vehicle

equipment that is identical or substantially similar to a motor

vehicle or motor vehicle equipment offered for sale in the

United States.

(4) Handling and utilization of reporting elements. -

(A) Secretary's specifications. - In requiring the reporting

of any information requested by the Secretary under this

subsection, the Secretary shall specify in the final rule

promulgated under paragraph (1) -

(i) how such information will be reviewed and utilized to

assist in the identification of defects related to motor

vehicle safety;

(ii) the systems and processes the Secretary will employ or

establish to review and utilize such information; and

(iii) the manner and form of reporting such information,

including in electronic form.

(B) Information in possession of manufacturer. - The

regulations promulgated by the Secretary under paragraph (1)

may not require a manufacturer of a motor vehicle or motor

vehicle equipment to maintain or submit records respecting

information not in the possession of the manufacturer.

(C) Disclosure. - None of the information collected pursuant

to the final rule promulgated under paragraph (1) shall be

disclosed pursuant to section 30167(b) unless the Secretary

determines the disclosure of such information will assist in

carrying out sections 30117(b) and 30118 through 30121.

(D) Burdensome requirements. - In promulgating the final rule

under paragraph (1), the Secretary shall not impose

requirements unduly burdensome to a manufacturer of a motor

vehicle or motor vehicle equipment, taking into account the

manufacturer's cost of complying with such requirements and the

Secretary's ability to use the information sought in a

meaningful manner to assist in the identification of defects

related to motor vehicle safety.

(5) Periodic review. - As part of the final rule promulgated

pursuant to paragraph (1), the Secretary shall specify procedures

for the periodic review and update of such rule.

(n) Sale or Lease of Defective or Noncompliant Tire. -

(1) In general. - The Secretary shall, within 90 days of the

date of the enactment of the Transportation Recall Enhancement,

Accountability, and Documentation (TREAD) Act, issue a final rule

requiring any person who knowingly and willfully sells or leases

for use on a motor vehicle a defective tire or a tire which is

not compliant with an applicable tire safety standard with actual

knowledge that the manufacturer of such tire has notified its

dealers of such defect or noncompliance as required under section

30118(c) or as required by an order under section 30118(b) to

report such sale or lease to the Secretary.

(2) Defect or noncompliance remedied or order not in effect. -

Regulations under paragraph (1) shall not require the reporting

described in paragraph (1) where before delivery under a sale or

lease of a tire -

(A) the defect or noncompliance of the tire is remedied as

required by section 30120; or

(B) notification of the defect or noncompliance is required

under section 30118(b) but enforcement of the order is

restrained or the order is set aside in a civil action to which

section 30121(d) applies.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 969; Pub. L.

103-429, Sec. 6(24), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104-88,

title III, Sec. 308(j), Dec. 29, 1995, 109 Stat. 947; Pub. L.

104-287, Sec. 6(f)(3), Oct. 11, 1996, 110 Stat. 3399; Pub. L.

106-414, Sec. 3(a)-(c), Nov. 1, 2000, 114 Stat. 1800-1802.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30166(a) 15:1397(a)(1)(B), Sept. 9, 1966, Pub. L.

(E) (as 89-563, Sec. 108(a)(1)(B)

1397(a)(1)(B), (E) (related to Sec.

relates to 112(a)-(c)), (D) (related to

15:1401(a)(3)(B)). Sec. 158(a)(1)), (E)

(related to Sec.

112(a)-(c)), 80 Stat. 722;

Oct. 27, 1974, Pub. L.

93-492, Sec. 103(a)(1)(A),

(2), (3), 88 Stat. 1477,

1478.

15:1401(a)(3)(B). Sept. 9, 1966, Pub. L.

89-563, Sec. 112(a)-(c), 80

Stat. 725; restated Oct. 27,

1974, Pub. L. 93-492, Sec.

104(a), 88 Stat. 1478.

30166(b) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(a)(1) (1st,

last sentences)).

15:1401(a)(1) (1st,

last sentences).

30166(c) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(a)(2), (b)

(1st sentence

61st-last words),

(c)(2)).

15:1401(a)(2), (b)

(1st sentence

61st-last words),

(c)(2).

30166(d) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(a)(3)(A)).

15:1401(a)(3)(A).

30166(e) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(b) (1st

sentence 1st-60th

words, last

sentence)).

15:1401(b) (1st

sentence 1st-60th

words, last

sentence).

30166(f) 15:1397(a)(1)(D)

(related to

15:1418(a)(1)).

15:1418(a)(1). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

158(a)(1); added Oct. 27,

1974, Pub. L. 93-492, Sec.

102(a), 88 Stat. 1475.

30166(g) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(c)(1), (3),

(5)).

15:1401(c)(1), (3),

(5).

30166(h) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(c)(4)).

15:1401(c)(4).

30166(i) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(c)(6)).

15:1401(c)(6).

30166(j) 15:1396 (related to Sept. 9, 1966, Pub. L.

inspecting and 89-563, Sec. 107 (related to

testing). inspecting and testing), 80

Stat. 721.

30166(k) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(a)(1) (2d

sentence)).

15:1401(a)(1) (2d

sentence).

--------------------------------------------------------------------

In this section, the words "regulation prescribed or order issued

under this chapter" are substituted for "rules, regulations, or

orders issued thereunder" and "regulations and orders promulgated

thereunder" for consistency and because "rule" and "regulation" are

synonymous. The text of 15:1397(a)(1)(B) and (E) (as 1397(a)(1)(B),

(E) relates to 15:1401) is omitted as surplus.

In subsection (a), the words "As used" are omitted as surplus.

The word "use" is omitted as being included in "operation".

In subsection (b)(1)(A), the words "this chapter" are substituted

for "this subchapter" because of the restatement.

In subsection (b)(1)(B), the words "the facts, circumstances,

conditions, and causes of" are omitted as surplus. The words

"designed to carry out" are substituted for "which is for the

purposes of carrying out" to eliminate unnecessary words.

In subsection (b)(2), the words "making", "appropriate", and

"consistent with the purposes of this subsection" are omitted as

surplus.

In subsection (c), before clause (1), the words "In carrying out

this chapter" are substituted for "For purposes of carrying out

paragraph (1)" in 15:1401(a)(2) and "In order to carry out the

provisions of this subchapter" in 15:1401(c)(2) for clarity and

consistency in this chapter. The words "an officer or employee

designated by the Secretary of Transportation" are substituted for

"officers or employees duly designated by the Secretary" in

15:1401(a)(2), "an officer or employee duly designated by the

Secretary" in 15:1401(b), and "his duly authorized agent" in

15:1401(c)(2) for consistency. In clause (1), the words "may

inspect and copy" are substituted for "shall . . . have access to,

and for the purposes of examination the right to copy" in

15:1401(c)(2) to eliminate unnecessary words. The words "of any

person having materials or information . . . any function of the

Secretary under" are omitted as surplus. In clause (2), the word

"may" is substituted for "permit such officer or employee to" in

15:1401(b) because of the restatement. The words "appropriate" and

"relevant" are omitted as surplus. In clause (3)(A)-(C), the words

"inspect with reasonable promptness" are substituted for

15:1401(a)(2) (last sentence) to eliminate unnecessary words and

for consistency. In clause (3)(A), the word "premises" is

substituted for "factory, warehouse, or establishment" for

consistency. In clause (3)(D), the words "not more than" are

substituted for "a period not to exceed" for consistency.

In subsection (d), the words "for the purpose of inspection" and

"the authority of" are omitted as surplus. The words "is inspected

or temporarily impounded under subsection (c)(3) of this section"

are substituted for "Whenever, under the authority of paragraph

(2)(B), the Secretary inspects or temporarily impounds for the

purpose of inspection" for clarity and to correct the

cross-reference in the source provision. The words "to its owner"

are omitted as surplus.

In subsection (e), the words "establish and" are omitted as

surplus. The words "This subsection does not impose" are

substituted for "Nothing in this subsection shall be construed as

imposing" for consistency and to eliminate unnecessary words.

In subsection (f), the words "notices, bulletins, and other" are

omitted as surplus. The words "with a motor vehicle safety standard

prescribed under this chapter" are added for clarity. The text of

15:1397(a)(1)(D) (related to 15:1418(a)(1)) is omitted as surplus.

In subsection (g)(1), before clause (A), the words "or on the

authorization of the Secretary, any officer or employee of the

Department of Transportation" are omitted as surplus because of

49:322(b). In clause (A), the words "in writing", "in such form as

the Secretary may prescribe", "relating to any function of the

Secretary under this subchapter", and "shall be filed with the

Secretary within such reasonable period as the Secretary may

prescribe" are omitted as surplus. In clause (B), the words "sit

and act at such times and places" are omitted as being included in

"conduct hearings". The word "records" is substituted for "such

books, papers, correspondence, memorandums, contracts, agreements,

or other records" for consistency in the revised title and with

other titles of the United States Code.

In subsection (h), the words "A civil action to enforce a subpena

or order . . . may be brought in the United States district court

for the judicial district in which the proceeding is conducted" are

substituted for "any of the district courts of the United States

within the jurisdiction of which an inquiry is carried on may, in

the case of contumacy or refusal to obey a subpena or order of the

Secretary or such officer or employee . . . issue an order

requiring compliance therewith" for clarity and to eliminate

unnecessary words. The words "an order of the court to comply with

a subpena or order" are substituted for "such order of the court"

for clarity.

In subsection (i), the words "United States" are substituted for

"Federal" for consistency. The words "to provide" are substituted

for "from" because of the restatement. The words "his functions

under" are omitted as surplus. The words "head of the" are added

for consistency. The words "to the Department of Transportation . .

. made by the Secretary" are omitted as surplus. The words "detail

personnel on a reimbursable basis" are substituted for

15:1401(c)(6)(B) to eliminate unnecessary words and because of the

restatement. The word "otherwise" is added for clarity. The words

"be deemed to" and "provision of" are omitted as surplus.

In subsection (j), the words "departments, agencies, and

instrumentalities of the Government, States, and other public and

private agencies" are substituted for "other Federal departments

and agencies, and State and other interested public and private

agencies" for consistency.

In subsection (k), the words "for appropriate action" are omitted

as surplus.

PUB. L. 103-429

This amends 49:30166(h) to clarify the restatement of

15:1401(c)(4) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 970).

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the Transportation Recall

Enhancement, Accountability, and Documentation (TREAD) Act,

referred to in subsecs. (m)(1) and (n)(1), is the date of enactment

of Pub. L. 106-414, which was approved Nov. 1, 2000.

-MISC2-

AMENDMENTS

2000 - Subsecs. (l) to (n). Pub. L. 106-414 added subsecs. (l) to

(n).

1996 - Subsec. (d). Pub. L. 104-287 made technical amendment to

directory language of Pub. L. 104-88, Sec. 308(j). See 1995

Amendment note below.

1995 - Subsec. (d). Pub. L. 104-88, Sec. 308(j), as amended by

Pub. L. 104-287, substituted "subchapter I of chapter 135" for

"subchapter II of chapter 105".

1994 - Subsec. (h). Pub. L. 103-429 substituted "any judicial

district" for "the judicial district".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 6(f)(3) of Pub. L. 104-287 provided that the amendment

made by that section is effective Dec. 29, 1995.

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30102, 30103, 30117,

30118, 30141, 30147, 30165, 30170 of this title.

-End-

-CITE-

49 USC Sec. 30167 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30167. Disclosure of information by the Secretary of

Transportation

-STATUTE-

(a) Confidentiality of Information. - Information obtained under

this chapter related to a confidential matter referred to in

section 1905 of title 18 may be disclosed only in the following

ways:

(1) to other officers and employees carrying out this chapter.

(2) when relevant to a proceeding under this chapter.

(3) to the public if the confidentiality of the information is

preserved.

(4) to the public when the Secretary of Transportation decides

that disclosure is necessary to carry out section 30101 of this

title.

(b) Defect and Noncompliance Information. - Subject to subsection

(a) of this section, the Secretary shall disclose information

obtained under this chapter related to a defect or noncompliance

that the Secretary decides will assist in carrying out sections

30117(b) and 30118-30121 of this title or that is required to be

disclosed under section 30118(a) of this title. A requirement to

disclose information under this subsection is in addition to the

requirements of section 552 of title 5.

(c) Information About Manufacturer's Increased Costs. - A

manufacturer opposing an action of the Secretary under this chapter

because of increased cost shall submit to the Secretary information

about the increased cost, including the manufacturer's cost and the

cost to retail purchasers, that allows the public and the Secretary

to evaluate the manufacturer's statement. The Secretary shall

evaluate the information promptly and, subject to subsection (a) of

this section, shall make the information and evaluation available

to the public. The Secretary shall publish a notice in the Federal

Register that the information is available.

(d) Withholding Information From Congress. - This section does

not authorize information to be withheld from a committee of

Congress authorized to have the information.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 970.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30167(a) 15:1397(a)(1)(B) Sept. 9, 1966, Pub. L.

(related to 89-563, Sec. 108(a)(1)(B)

15:1401(e) (1st (related to Sec. 112(e)),

sentence)), (D) (D) (related to Sec.

(related to 158(a)(2)), (E) (related to

15:1418(a)(2)(B)), Sec. 112(e)), 80 Stat. 722;

(E) (related to Oct. 27, 1974, Pub. L.

15:1401(e) (1st 93-492, Sec. 103(a)(1)(A),

sentence)). (2), (3), 88 Stat. 1477,

1478.

15:1401(e) (1st Sept. 9, 1966, Pub. L.

sentence). 89-563, Sec. 112(e), 80

Stat. 725; Oct. 27, 1974,

Pub. L. 93-492, Sec. 104(b),

88 Stat. 1480.

15:1402(b)(2) (1st Sept. 9, 1966, Pub. L.

sentence). 89-563, 80 Stat. 718, Sec.

113; added Oct. 27, 1974,

Pub. L. 93-492, Sec. 105, 88

Stat. 1480.

15:1418(a)(2)(B). Sept. 9, 1966, Pub. L.

89-563, 80 Stat. 718, Sec.

158(a)(2); added Oct. 27,

1974, Pub. L. 93-492, Sec.

102(a), 88 Stat. 1476.

30167(b) 15:1397(a)(1)(D)

(related to

15:1418(a)(2)(A),

(C)).

15:1418(a)(2)(A),

(C).

30167(c) 15:1402(a), (b)(1),

(c)-(e).

30167(d) 15:1397(a)(1)(B),

(E) (as

1397(a)(1)(B), (E)

relates to

15:1401(e) (last

sentence)).

15:1401(e) (last

sentence).

15:1402(b)(2) (last

sentence).

--------------------------------------------------------------------

In this section, the text of 15:1397(a)(1)(B) (related to

15:1401(e)), (D) (related to 15:1418(a)(2)), and (E) (related to

15:1401(e)) is omitted as surplus.

In subsection (a), before clause (1), the words "Except as

otherwise provided in section 1418(a)(2) and section 1402(b) of

this title" in 15:1401(e) (1st sentence) are omitted, and the words

"Information obtained under this chapter related to a confidential

matter" are substituted for "all information reported to or

otherwise obtained by the Secretary or his representative pursuant

to this subchapter which information contains or relates to a trade

secret or other matter" in 15:1401(e) (1st sentence) and "described

in subparagraph (A)" in 15:1418(a)(2)(B), because of the

restatement. The words "shall be considered confidential for the

purpose of that section" are omitted as surplus. The words "may be

disclosed only in the following ways" are substituted for "except

that such information may be disclosed" in 15:1401(e) (1st

sentence) and 15:1402(b)(2) (1st sentence) and "and shall not be

disclosed; unless" in 15:1418(a)(2)(B) to eliminate unnecessary

words. Clause (3) is substituted for 15:1402(b)(2) (1st sentence

words before 2d comma) to eliminate unnecessary words.

In subsection (b), the words "Subject to" are substituted for

"Except as provided in" for consistency. The words "to the public

so much of any" and "which is" are omitted as surplus. The words

"which relates to motor vehicle safety" and "with an applicable

Federal motor vehicle safety standard" are omitted because of the

restatement. The words "the purposes of" and "and not in lieu of"

are omitted as surplus.

In subsection (c), the words "For purposes of this section, the

term 'cost information' means" and "such cost information" are

omitted because of the restatement. The words "alleged", "both",

and "resulting from action by the Secretary, in such form" are

omitted as surplus. The words "Such term includes" are omitted

because of the restatement. The words "to evaluate" are substituted

for "to make an informed judgment" to eliminate unnecessary words

and for consistency in the subsection. The words "(in such detail

as the Secretary may by regulation or order prescribe)" are omitted

as surplus because of 49:322(a). The word "thereafter" is omitted

as surplus. The word "evaluate" is substituted for "prepare an

evaluation of" to eliminate unnecessary words. The words "The

Secretary" are added for clarity. The text of 15:1402(d) is omitted

as surplus because of 49:322(a). The text of 15:1402(e) is omitted

as surplus because of the restatement.

In subsection (d), the words "by the Secretary or any officer or

employee under his control" and "duly" are omitted as surplus. The

words "to have the information" are added for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30103, 30117, 30118,

30166 of this title.

-End-

-CITE-

49 USC Sec. 30168 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30168. Research, testing, development, and training

-STATUTE-

(a) General Authority. - (1) The Secretary of Transportation

shall conduct research, testing, development, and training

necessary to carry out this chapter. The research, development,

testing, and training shall include -

(A) collecting information to determine the relationship

between motor vehicle or motor vehicle equipment performance

characteristics and -

(i) accidents involving motor vehicles; and

(ii) the occurrence of death or personal injury resulting

from those accidents;

(B) obtaining experimental and other motor vehicles and motor

vehicle equipment for research or testing; and

(C) selling or otherwise disposing of test motor vehicles and

motor vehicle equipment and crediting the proceeds to current

appropriations available to carry out this chapter.

(2) The Secretary may carry out this subsection through grants to

States, interstate authorities, and nonprofit institutions.

(b) Use of Public Agencies. - In carrying out this chapter, the

Secretary shall use the services, research, and testing facilities

of public agencies to the maximum extent practicable to avoid

duplication.

(c) Facilities. - The Secretary may plan, design, and build a new

facility or modify an existing facility to conduct research,

development, and testing in traffic safety, highway safety, and

motor vehicle safety. An expenditure of more than $100,000 for

planning, design, or construction may be made only if the planning,

design, or construction is approved by substantially similar

resolutions by the Committees on Commerce and Transportation and

Infrastructure of the House of Representatives and the Committees

on Commerce, Science, and Transportation and Environment and Public

Works of the Senate. To obtain that approval, the Secretary shall

submit to Congress a prospectus on the proposed facility. The

prospectus shall include -

(1) a brief description of the facility being planned,

designed, or built;

(2) the location of the facility;

(3) an estimate of the maximum cost of the facility;

(4) a statement identifying private and public agencies that

will use the facility and the contribution each agency will make

to the cost of the facility; and

(5) a justification of the need for the facility.

(d) Increasing Costs of Approved Facilities. - The estimated

maximum cost of a facility approved under subsection (c) of this

section may be increased by an amount equal to the percentage

increase in construction costs from the date the prospectus is

submitted to Congress. However, the increase in the cost of the

facility may not be more than 10 percent of the estimated maximum

cost included in the prospectus. The Secretary shall decide what

increase in construction costs has occurred.

(e) Availability of Information, Patents, and Developments. -

When the United States Government makes more than a minimal

contribution to a research or development activity under this

chapter, the Secretary shall include in the arrangement for the

activity a provision to ensure that all information, patents, and

developments related to the activity are available to the public.

However, the owner of a background patent may not be deprived of a

right under the patent.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 971; Pub. L.

104-287, Sec. 5(58), Oct. 11, 1996, 110 Stat. 3394.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30168(a) 15:1395(a), (b). Sept. 9, 1966, Pub. L.

89-563, Secs. 106, 118, 80

Stat. 721, 728.

30168(b) 15:1406.

30168(c) 15:1431(a). Sept. 9, 1966, Pub. L.

89-563, Sec. 301, 80 Stat.

729; restated May 22, 1970,

Pub. L. 91-265, Sec. 7, 84

Stat. 263.

30168(d) 15:1431(b).

30168(e) 15:1395(c).

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "the purposes

of" and "but not limited to" are omitted as surplus. In clause (A),

before subclause (i), the words "from any source" are omitted as

surplus. In clause (B), the words "(by negotiation or otherwise)"

and "purposes" are omitted as surplus. In clause (C), the word

"crediting" is substituted for "reimbursing" because it is more

appropriate. The words "of such sale or disposal" and "the purposes

of" are omitted as surplus.

In subsection (a)(2), the words "conduct research, testing,

development, and training as authorized to be . . . for the conduct

of such research, testing, development, and training" are omitted

as surplus. The word "authorities" is substituted for "agencies"

for consistency.

In subsection (b), the words "in order" are omitted as surplus.

In subsection (c), before clause (1), the word "suitable" is

omitted as surplus. The word "testing" is substituted for

"compliance and other testing" to eliminate unnecessary words. The

words "An expenditure of more than $100,000 . . . may be made only"

are substituted for "except that no appropriation shall be made . .

. involving an expenditure in excess of $100,000" as being more

precise and to eliminate unnecessary words. The words

"substantially similar resolutions" are substituted for

"resolutions adopted in substantially the same form" to eliminate

unnecessary words. The words "Energy and Commerce" are substituted

for "Interstate and Foreign Commerce", and the words "Public Works

and Transportation" are substituted for "Public Works", to conform

to the amendments made to House Rule X changing the names of those

committees. The words "Commerce, Science, and Transportation" are

substituted for "Commerce", and the words "Environment and Public

Works" are substituted for "Public Works", to conform to the

amendments made to Senate Rule XXV changing the names of those

committees. The words "To obtain that" are substituted for "For the

purpose of securing consideration of such" to eliminate unnecessary

words. The words "The prospectus shall include" are substituted for

"including" for clarity. The words "(but not limited to)" are

omitted as surplus. In clause (5), the words "statement of" are

omitted as surplus.

In subsection (d), the words "if any" are omitted as surplus. The

words "in the cost of the facility" are substituted for "authorized

by this subsection", and the words "The Secretary shall decide what

increase in construction costs has occurred" are substituted for

"as determined by the Secretary", for clarity.

In subsection (e), the words "United States Government" are

substituted for "Federal" for consistency. The words "arrangement

for the activity" are substituted for "contract, grant, or other

arrangement for such research or development activity", and the

words "patents, and developments" are substituted for "uses,

processes, patents, and other developments", to eliminate

unnecessary words. The words "encouraging motor vehicle safety",

"effective", "fully and freely", and "general" are omitted as

surplus. The word "However" is added for clarity. The words "may

not be" are substituted for "Nothing herein shall be construed to"

for consistency. The words "which he may have" are omitted as

surplus.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-287 substituted "Committees on

Commerce and Transportation and Infrastructure" for "Committees on

Energy and Commerce and Public Works and Transportation".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 35 section 210.

-End-

-CITE-

49 USC Sec. 30169 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30169. Annual reports

-STATUTE-

(a) General Report. - The Secretary of Transportation shall

submit to the President to submit to Congress on July 1 of each

year a report on the administration of this chapter for the prior

calendar year. The report shall include -

(1) a thorough statistical compilation of accidents and

injuries;

(2) motor vehicle safety standards in effect or prescribed

under this chapter;

(3) the degree of observance of the standards;

(4) a summary of current research grants and contracts and a

description of the problems to be considered under those grants

and contracts;

(5) an analysis and evaluation of research activities completed

and technological progress achieved;

(6) enforcement actions;

(7) the extent to which technical information was given the

scientific community and consumer-oriented information was made

available to the public; and

(8) recommendations for legislation needed to promote

cooperation among the States in improving traffic safety and

strengthening the national traffic safety program.

(b) Report on Importing Motor Vehicles. - Not later than 18

months after regulations are first prescribed under section

2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988,

the Secretary shall submit to Congress a report of the actions

taken to carry out subchapter III of this chapter and the

effectiveness of those actions, including any testing by the

Secretary under section 30146(c)(2) of this title. After the first

report, the Secretary shall submit a report to Congress under this

subsection not later than July 31 of each year.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 972.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

30169(a) 15:1408. Sept. 9, 1966, Pub. L.

89-563, Sec. 120, 80 Stat.

728; May 22, 1970, Pub. L.

91-265, Sec. 5, 84 Stat.

263; Oct. 27, 1974, Pub. L.

93-492, Sec. 110(b), 88

Stat. 1484.

30169(b) 15:1397 (note). Oct. 31, 1988, Pub. L.

100-562, Sec. 2(e)(4), 102

Stat. 2825.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "prepare and",

"comprehensive", and "but not be restricted to" are omitted as

unnecessary. In clause (1), the words "occurring in such year" are

omitted as surplus. In clause (2), the words "in such year" are

omitted as surplus. The words "under this chapter" are substituted

for "Federal" for consistency in this chapter. In clause (3), the

words "applicable Federal motor vehicle" are omitted as surplus. In

clause (4), the word "all" is omitted as surplus. In clause (5),

the words "including relevant policy recommendations" and "during

such year" are omitted as surplus. In clause (6), the words "a

statement of . . . including judicial decisions, settlements, or

pending litigation during such year" are omitted as surplus. In

clause (7), the word "motoring" is omitted as surplus. In clause

(8), the words "The report required by subsection (a) of this

section shall contain such" are omitted because of the restatement.

The words "additional . . . as the Secretary deems" and "several"

are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act

of 1988, referred to in subsec. (b), is section 2(e)(1)(B) of Pub.

L. 100-562, which was set out as a note under section 1397 of Title

15, Commerce and Trade, prior to repeal by Pub. L. 103-272, Sec.

7(b), July 5, 1994, 108 Stat. 1379.

-End-

-CITE-

49 USC Sec. 30170 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 301 - MOTOR VEHICLE SAFETY

SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE

-HEAD-

Sec. 30170. Criminal Penalties

-STATUTE-

(a) Criminal Liability for Falsifying or Withholding Information.

-

(1) General rule. - A person who violates section 1001 of title

18 with respect to the reporting requirements of section 30166,

with the specific intention of misleading the Secretary with

respect to motor vehicle or motor vehicle equipment safety

related defects that have caused death or serious bodily injury

to an individual (as defined in section 1365(g)(3) (!1) of title

18), shall be subject to criminal penalties of a fine under title

18, or imprisoned for not more than 15 years, or both.

(2) Safe harbor to encourage reporting and for whistle blowers.

-

(A) Correction. - A person described in paragraph (1) shall

not be subject to criminal penalties under this subsection if:

(1) at the time of the violation, such person does not know

that the violation would result in an accident causing death or

serious bodily injury; and (2) the person corrects any improper

reports or failure to report within a reasonable time.

(B) Reasonable time and sufficiency of correction. - The

Secretary shall establish by regulation what constitutes a

reasonable time for the purposes of subparagraph (A) and what

manner of correction is sufficient for purposes of subparagraph

(A). The Secretary shall issue a final rule under this

subparagraph within 90 days of the date of the enactment of

this section.

(C) Effective date. - Subsection (a) shall not take effect

before the final rule under subparagraph (B) takes effect.

(b) Coordination with Department of Justice. - The Attorney

General may bring an action, or initiate grand jury proceedings,

for a violation of subsection (a) only at the request of the

Secretary of Transportation.

-SOURCE-

(Added Pub. L. 106-414, Sec. 5(b)(1), Nov. 1, 2000, 114 Stat.

1803.)

-REFTEXT-

REFERENCES IN TEXT

Section 1365(g)(3) of title 18, referred to in subsec. (a)(1),

was redesignated section 1365(h)(3) of title 18 by Pub. L. 107-307,

Sec. 2(1), Dec. 2, 2002, 116 Stat. 2445.

The date of the enactment of this section, referred to in subsec.

(a)(2)(B), is the date of enactment of Pub. L. 106-414, which was

approved Nov. 1, 2000.

-FOOTNOTE-

(!1) See References in Text note below.

-End-