-CITE-

49 USC CHAPTER 325 - BUMPER STANDARDS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

CHAPTER 325 - BUMPER STANDARDS

-MISC1-

Sec.

32501. Purpose.

32502. Bumper standards.

32503. Judicial review of bumper standards.

32504. Certificates of compliance.

32505. Information and compliance requirements.

32506. Prohibited acts.

32507. Penalties and enforcement.

32508. Civil actions by owners of passenger motor vehicles.

32509. Information and assistance from other departments,

agencies, and instrumentalities.

[32510. Repealed.]

32511. Relationship to other motor vehicle standards.

AMENDMENTS

1998 - Pub. L. 105-362, title XV, Sec. 1501(e)(2), Nov. 10, 1998,

112 Stat. 3295, struck out item 32510 "Annual report".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 30113 of this title; title

18 section 2721.

-End-

-CITE-

49 USC Sec. 32501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32501. Purpose

-STATUTE-

The purpose of this chapter is to reduce economic loss resulting

from damage to passenger motor vehicles involved in motor vehicle

accidents by providing for the maintenance and enforcement of

bumper standards.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1042.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32501 15:1911. Oct. 20, 1972, Pub. L.

92-513, Sec. 101, 86 Stat.

948.

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

The words "The Congress finds that it is necessary" are omitted

as surplus. The word "maintenance" is substituted for

"promulgation" for clarity.

-End-

-CITE-

49 USC Sec. 32502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32502. Bumper standards

-STATUTE-

(a) General Requirements and Nonapplication. - The Secretary of

Transportation shall prescribe by regulation bumper standards for

passenger motor vehicles and may prescribe by regulation bumper

standards for passenger motor vehicle equipment manufactured in, or

imported into, the United States. A standard does not apply to a

passenger motor vehicle or passenger motor vehicle equipment -

(1) intended only for export;

(2) labeled for export on the vehicle or equipment and the

outside of any container of the vehicle or equipment; and

(3) exported.

(b) Limitations. - A standard under this section -

(1) may not conflict with a motor vehicle safety standard

prescribed under chapter 301 of this title;

(2) may not specify a dollar amount for the cost of repairing

damage to a passenger motor vehicle; and

(3) to the greatest practicable extent, may not preclude the

attachment of a detachable hitch.

(c) Exemptions. - For good cause, the Secretary may exempt from

all or any part of a standard -

(1) a multipurpose passenger vehicle;

(2) a make, model, or class of a passenger motor vehicle

manufactured for a special use, if the standard would interfere

unreasonably with the special use of the vehicle; or

(3) a passenger motor vehicle for which an application for an

exemption under section 30013(b) (!1) of this title has been

filed in accordance with the requirements of that section.

(d) Cost Reduction and Considerations. - When prescribing a

standard under this section, the Secretary shall design the

standard to obtain the maximum feasible reduction of costs to the

public, considering -

(1) the costs and benefits of carrying out the standard;

(2) the effect of the standard on insurance costs and legal

fees and costs;

(3) savings in consumer time and inconvenience; and

(4) health and safety, including emission standards.

(e) Procedures. - Section 553 of title 5 applies to a standard

prescribed under this section. However, the Secretary shall give an

interested person an opportunity to make oral and written

presentations of information, views, and arguments. A transcript of

each oral presentation shall be kept. Under conditions prescribed

by the Secretary, the Secretary may conduct a hearing to resolve an

issue of fact material to a standard.

(f) Effective Date. - The Secretary shall prescribe an effective

date for a standard under this section. That date may not be

earlier than the date the standard is prescribed nor later than 18

months after the date the standard is prescribed. However, the

Secretary may prescribe a later date when the Secretary submits to

Congress and publishes the reasons for the later date. A standard

only applies to a passenger motor vehicle or passenger motor

vehicle equipment manufactured on or after the effective date.

(g) Research. - The Secretary shall conduct research necessary to

carry out this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1042; Pub. L.

105-277, div. A, Sec. 101(g) [title III, Sec. 351(b)(1)], Oct. 21,

1998, 112 Stat. 2681-439, 2681-476.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32502(a) 15:1912(a). Oct. 20, 1972, Pub. L.

92-513, Secs. 102, 104(d),

86 Stat. 949.

32502(b)(1) 15:1912(b)(2).

32502(b)(2) 15:1901(6) (words Oct. 20, 1972, Pub. L.

after semicolon). 92-513, Sec. 2(6) (words

after semicolon), 86 Stat.

948; Dec. 22, 1975, Pub. L.

94-163, Sec. 301, 89 Stat.

901; Oct. 10, 1980, Pub. L.

96-425, Sec. 8(a)(2), 94

Stat. 1828; Oct. 25, 1984,

Pub. L. 98-547, Sec. 101(b),

98 Stat. 2767.

32502(b)(3) 15:1912(c)(2).

32502(c) 15:1912(c)(1).

32502(d) 15:1912(b)(1).

32502(e) 15:1912(e).

32502(f) 15:1912(d).

32502(g) 15:1914(d).

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

In subsection (a), before clause (1), the words "Subject to

subsections (b) through (e) of this section" are omitted as

surplus. The words "shall prescribe by regulation" are substituted

for "by rule . . . shall promulgate" for clarity. The words "may

prescribe by regulation" are substituted for "by rule . . . may

promulgate" for consistency.

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

any bumper standard under this subchapter" are omitted as surplus.

The words "from any part of a standard" are substituted for

"partially or completely" for clarity and consistency.

In subsection (d), before clause (1), the words "to the public"

are substituted for "to the public and to the consumer" because

they are inclusive. In clause (2), the word "prospective" is

omitted as surplus.

In subsection (e), the words "Section 553 of title 5 applies to a

standard prescribed under this section" are substituted for "All

rules establishing, amending, or revoking a bumper standard under

this subchapter shall be issued pursuant to section 553 of title

5", the words "opportunity to make oral and written presentations

of information, views, and arguments" are substituted for

"opportunity for oral presentation of data, views, or arguments,

and the opportunity to make written submissions", the words "Under

conditions prescribed by the Secretary" are substituted for "in

accordance with such conditions or limitations as he may make

applicable thereto", and the words "material to a standard" are

substituted for "material to the establishing, amending, or

revoking of a bumper standard", to eliminate unnecessary words.

In subsection (f), the words "However, the Secretary may

prescribe a later date when the Secretary submits" are substituted

for "unless the Secretary presents" for clarity. The word "reasons"

is substituted for "a detailed explanation of the reasons" to

eliminate unnecessary words.

AMENDMENTS

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

351(b)(1)(A)], substituted "all or any part of a standard" for "any

part of a standard" in introductory provisions.

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

351(b)(1)(B)-(D)], added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32503, 32504, 32506,

32507, 32508, 32511 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "30113(b)".

-End-

-CITE-

49 USC Sec. 32503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32503. Judicial review of bumper standards

-STATUTE-

(a) Filing and Venue. - A person that may be adversely affected

by a standard prescribed under section 32502 of this title may

apply for review of the standard by filing a petition for review in

the United States Court of Appeals for the District of Columbia

Circuit or 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 standard is prescribed.

(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 standard 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 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 a standard, and the additional evidence with

the court.

(d) Supreme Court Review and Additional Remedies. - A judgment of

a court under this section may be reviewed only by the Supreme

Court under section 1254 of title 28. A remedy under this section

is in addition to any other remedies provided by law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1043.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32503(a) 15:1913(a) (1st Oct. 20, 1972, Pub. L.

sentence), (c). 92-513, Sec. 103, 86 Stat.

950.

32503(b) 15:1913(a) (2d,

last sentences).

32503(c) 15:1913(b).

32503(d) 15:1913(d), (e).

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

In subsection (a), the words "may apply for" are added for

clarity. The text of 15:1913(c) is omitted because 5:ch. 7 applies

unless otherwise stated.

In subsection (b), the words "or his delegate" and "thereupon"

are omitted as surplus. The words "in which the standard was

prescribed" are substituted for "on which the Secretary based his

rule, as provided in section 2112 of title 28" to eliminate

unnecessary words.

In subsection (c)(1), the words "On request of the petitioner"

are substituted for "If the petitioner applies to the court for

leave to adduce" to eliminate unnecessary words. The words "the

Secretary to receive" are substituted for "to be taken before the

Secretary, and to be adduced in a hearing" for clarity. The words

"in such manner and upon such terms and conditions as the court may

deem proper" are omitted as surplus.

In subsection (c)(2), the words "with the court" are substituted

for "with the return of" for clarity.

In subsection (d), the words "affirming or setting aside, in

whole or in part, any such rule of the Secretary" are omitted as

surplus. The words "may be reviewed only" are substituted for

"shall be final, subject to review" for clarity. The words "and not

in lieu of" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 32504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32504. Certificates of compliance

-STATUTE-

Under regulations prescribed by the Secretary of Transportation,

a manufacturer or distributor of a passenger motor vehicle or

passenger motor vehicle equipment subject to a standard prescribed

under section 32502 of this title shall give the distributor or

dealer at the time of delivery a certificate that the vehicle or

equipment complies with the standard.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1044.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32504 15:1915(c). Oct. 20, 1972, Pub. L.

92-513, Sec. 105(c), 86

Stat. 952.

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

The words "Under regulations prescribed by the Secretary of

Transportation" are substituted for 15:1915(c)(1) (last sentence)

to eliminate unnecessary words. The text of 15:1915(c)(2) is

omitted as surplus because this section only applies to a vehicle

or equipment subject to a standard prescribed under section 32502

of the revised title, and a standard prescribed under that section

does not apply to a vehicle or equipment intended only for export,

labeled for export, and exported.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 32506, 32507 of this

title.

-End-

-CITE-

49 USC Sec. 32505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32505. Information and compliance requirements

-STATUTE-

(a) General Authority. - (1) To enable the Secretary of

Transportation to decide whether a manufacturer of passenger motor

vehicles or passenger motor vehicle equipment is complying with

this chapter and standards prescribed under this chapter, the

Secretary may require the manufacturer to -

(A) keep records;

(B) make reports;

(C) provide items and information, including vehicles and

equipment for testing at a negotiated price not more than the

manufacturer's cost; and

(D) allow an officer or employee designated by the Secretary to

inspect vehicles and relevant records of the manufacturer.

(2) To enforce this chapter, an officer or employee designated by

the Secretary, on presenting appropriate credentials and a written

notice to the owner, operator, or agent in charge, may inspect a

facility in which passenger motor vehicles or passenger motor

vehicle equipment is manufactured, held for introduction in

interstate commerce, or held for sale after introduction in

interstate commerce. An inspection shall be conducted at a

reasonable time, in a reasonable way, and with reasonable

promptness.

(b) Powers of Secretary and Civil Actions To Enforce. - (1) In

carrying out this chapter, the Secretary may -

(A) inspect and copy records of any person at reasonable times;

(B) order a person to file written reports or answers to

specific questions, including reports or answers under oath; and

(C) 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.

(3) A civil action to enforce a subpena or order of the Secretary

under this subsection may be brought in the United States district

court for any judicial district in which the proceeding by the

Secretary is conducted. The court may punish a failure to obey an

order of the court to comply with the subpena or order of the

Secretary as a contempt of court.

(c) Confidentiality of Information. - (1) Information obtained by

the Secretary under this chapter related to a confidential matter

referred to in section 1905 of title 18 may be disclosed only -

(A) to another officer or employee of the United States

Government for use in carrying out this chapter; or

(B) in a proceeding under this chapter.

(2) This subsection does not authorize information to be withheld

from a committee of Congress authorized to have the information.

(3) Subject to paragraph (1) of this subsection, the Secretary,

on request, shall make available to the public at cost information

the Secretary submits or receives in carrying out this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1044; Pub. L.

103-429, Sec. 6(32), 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

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

32505(a)(1) 15:1915(a). Oct. 20, 1972, Pub. L.

92-513, Secs. 104(a), (b),

105(a), (b), 109, 86 Stat.

950, 951, 952, 955.

32505(a)(2) 15:1915(b).

32505(b)(1) 15:1914(a)(1)-(3).

32505(b)(2) 15:1914(a)(5).

32505(b)(3) 15:1914(a)(4).

32505(c)( 15:1914(b).

1), (2)

32505(c)(3) 15:1919.

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

In subsection (a)(1), before clause (A), the words "To enable the

Secretary of Transportation to decide whether . . . is complying"

are substituted for "to enable him to determine whether such

manufacturer has acted or is acting in compliance" and "determining

whether such manufacturer has acted or is acting in compliance" to

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

surplus. In clause (A), the word "keep" is substituted for

"establish and maintain" for consistency in the revised title and

to eliminate unnecessary words. In clause (C), the text of

15:1915(a) (2d sentence) is omitted as surplus because of

49:322(a). In clause (D), the words "upon request" and "duly" are

omitted as surplus.

In subsection (a)(2), the word "enter" is omitted as being as

included in "inspect". The word "facility" is substituted for

"factory, warehouse, or establishment" to eliminate unnecessary

words. The words "shall be commenced and completed" are omitted as

surplus.

In subsection (b)(1), before clause (A), the words "In carrying

out this chapter" are substituted for "For the purpose of carrying

out the provisions of this subchapter", "In order to carry out the

provisions of this subchapter", "relevant to any function of the

Secretary under this subchapter", and "relating to any function of

the Secretary under this subchapter" for consistency. In clause

(A), the words "inspect and copy" are substituted for "have access

to, and for the purposes of examination the right to copy" to

eliminate unnecessary words. The word "records" is substituted for

"documentary evidence" for consistency. In clause (B), the word

"order" is substituted for "require, by general or special orders"

to eliminate unnecessary words. The words "in such form as the

Secretary may prescribe" and "shall be filed with the Secretary

within such reasonable period as the Secretary may prescribe" are

omitted as surplus because of 49:322(a). In clause (C), the words

"sit and act at such times and places" are omitted as being

included in "conduct hearings".

In subsection (b)(3), the words "A civil action to enforce a

subpena or order of the Secretary under this subsection may be

brought in the United States district court for the judicial

district in which the proceeding by the Secretary was conducted"

are substituted for 15:1914(a)(4) (words before semicolon) for

consistency in the revised title and to eliminate unnecessary

words.

In subsection (c)(1), before clause (A), the words "reported to

or otherwise" are omitted as surplus. The words "or his

representative" are omitted for consistency with subsection (b) of

this section. The words "related to a confidential matter referred

to" are substituted for "contains or relates to a trade secret or

other matter referred to" to eliminate unnecessary words. The words

"shall be considered confidential for the purpose of that section"

are omitted as surplus. In clause (A), the words "of the United

States Government" are added for clarity. In clause (B) the words

"when relevant" are omitted as surplus.

In subsection (c)(2), the words "a committee of Congress

authorized to have the information" are substituted for "the duly

authorized committees of the Congress" for clarity.

In subsection (c)(3), the words "copies of any communications,

documents, reports, or other" are omitted as surplus.

PUB. L. 103-429

This amends 49:32505(b)(3) to clarify the restatement of

15:1914(a)(4) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1044).

AMENDMENTS

1994 - Subsec. (b)(3). Pub. L. 103-429 substituted "any judicial

district in which the proceeding by the Secretary is conducted" for

"the judicial district in which the proceeding by the Secretary was

conducted".

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.

-End-

-CITE-

49 USC Sec. 32506 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32506. Prohibited acts

-STATUTE-

(a) General. - Except as provided in this section and section

32502 of this title, a person may not -

(1) manufacture for sale, sell, offer for sale, introduce or

deliver for introduction in interstate commerce, or import into

the United States, a passenger motor vehicle or passenger motor

vehicle equipment manufactured on or after the date an applicable

standard under section 32502 of this title takes effect, unless

it conforms to the standard;

(2) fail to comply with an applicable regulation prescribed by

the Secretary of Transportation under this chapter;

(3) fail to keep records, refuse access to or copying of

records, fail to make reports or provide items or information, or

fail or refuse to allow entry or inspection, as required by this

chapter or a regulation prescribed under this chapter; or

(4) fail to provide the certificate required by section 32504

of this title, or provide a certificate that the person knows, or

in the exercise of reasonable care has reason to know, is false

or misleading in a material respect.

(b) Nonapplication. - Subsection (a)(1) of this section does not

apply to -

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

introduction in interstate commerce of a passenger motor vehicle

or passenger motor vehicle equipment after the first purchase of

the vehicle or equipment in good faith other than for resale (but

this clause does not prohibit a standard from requiring that a

vehicle or equipment be manufactured to comply with the standard

over a specified period of operation or use); or

(2) a person -

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

exercising reasonable care, that the vehicle or equipment does

not comply with the standard; or

(B) holding, without knowing about a noncompliance and before

that first purchase, a certificate issued under section 32504

of this title stating that the vehicle or equipment complies

with the standard.

(c) Importing Noncomplying Vehicles and Equipment. - (1) The

Secretaries of Transportation and the Treasury may prescribe joint

regulations authorizing a passenger motor vehicle or passenger

motor vehicle equipment not complying with a standard prescribed

under section 32502 of this title to be imported into the United

States subject to conditions (including providing a bond) the

Secretaries consider appropriate to ensure that the vehicle or

equipment will -

(A) comply, after importation, with the standards prescribed

under section 32502 of this title;

(B) be exported; or

(C) be abandoned to the United States Government.

(2) The Secretaries may prescribe joint regulations that allow a

passenger motor vehicle or passenger motor vehicle equipment to be

imported into the United States after the first purchase in good

faith other than for resale.

(d) Liability Under Other Law. - Compliance with a standard under

this chapter does not exempt a person from liability provided by

law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1045; Pub. L.

105-277, div. A, Sec. 101(g) [title III, Sec. 351(b)(2)], Oct. 21,

1998, 112 Stat. 2681-439, 2681-476.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32506(a) 15:1916(a). Oct. 20, 1972, Pub. L.

92-513, Sec. 106, 86 Stat.

952.

32506(b) 15:1916(b)(1), (2).

32506(c) 15:1916(b)(3), (4).

32506(d) 15:1916(c).

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

In subsection (a)(4), the words "required by such subsection to

the effect that a passenger motor vehicle or passenger motor

vehicle equipment conforms to all applicable bumper standards" are

omitted as surplus.

In subsection (c)(1), before clause (A), the word "conditions" is

substituted for "such terms and conditions" to eliminate

unnecessary words. In clause (A), the words "comply, after

importation" are substituted for "brought into conformity" for

clarity and consistency.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 inserted "and section 32502

of this title" after "Except as provided in this section" in

introductory provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32507 of this title.

-End-

-CITE-

49 USC Sec. 32507 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32507. Penalties and enforcement

-STATUTE-

(a) Civil Penalty. - (1) A person that violates section 32506(a)

of this title 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 passenger motor vehicle or item of

passenger motor vehicle equipment involved in a violation of

section 32506(a)(1) or (4) of this title -

(A) that does not comply with a standard prescribed under

section 32502 of this title; or

(B) for which a certificate is not provided, or for which a

false or misleading certificate is provided, under section 32504

of this title.

(2) The maximum civil penalty under this subsection for a related

series of violations is $800,000.

(3) The Secretary of Transportation imposes a civil penalty under

this subsection. The Attorney General or the Secretary, with the

concurrence of the Attorney General, shall bring a civil action in

a United States district court to collect the penalty.

(b) Criminal Penalty. - A person knowingly and willfully

violating section 32506(a)(1) of this title after receiving a

notice of noncompliance from the Secretary shall be fined under

title 18, imprisoned for not more than one year, or both. If the

person is a corporation, the penalties of this subsection also

apply to a director, officer, or individual agent of the

corporation who, with knowledge of the Secretary's notice,

knowingly and willfully authorizes, orders, or performs an act that

is any part of the violation.

(c) Civil Actions To Enforce. - (1) The Secretary or the Attorney

General may bring a civil action in a United States district court

to enjoin a violation of this chapter or the sale, offer for sale,

introduction or delivery for introduction in interstate commerce,

or importation into the United States, of a passenger motor vehicle

or passenger motor vehicle equipment that is found, before the

first purchase in good faith other than for resale, not to comply

with a standard prescribed under section 32502 of this title.

(2) When practicable, the Secretary shall -

(A) notify a person against whom an action under this

subsection is planned;

(B) give the person an opportunity to present that person's

views; and

(C) except for a knowing and willful violation, give the person

a reasonable opportunity to comply.

(3) The failure of the Secretary to comply with paragraph (2) of

this subsection does not prevent a court from granting appropriate

relief.

(d) Jury Trial Demand. - In a trial for criminal contempt for

violating an injunction or restraining order issued under

subsection (c) 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) Venue. - A civil action under subsection (a) or (c) of this

section 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. A subpena for

a witness in the action may be served in any judicial district.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1046.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32507(a) 15:1917(a). Oct. 20, 1972, Pub. L.

92-513, Sec. 107, 86 Stat.

953.

32507(b) 15:1917(b).

32507(c) 15:1917(c)(1).

32507(d) 15:1917(c)(2).

32507(e) 15:1917(c)(3), (4).

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

In subsection (a)(3), the words "by any of the Secretary's

attorneys designated by the Secretary for such purpose" are omitted

as surplus.

In subsection (b), the words "fined under title 18" are

substituted for "fined not more than $50,000" for consistency with

title 18. The words "If the person is a corporation, the penalties

of this subsection also apply" are substituted for "If a

corporation violates section 1916(a)(1) of this title after having

received notice of noncompliance from the Secretary . . . shall be

subject to penalties under this section in addition to the

corporation", the word "act" is substituted for "acts or

practices", and the words "any part of the violation" are

substituted for "in whole or in part such violation", to eliminate

unnecessary words.

In subsection (c)(1), the words "may bring a civil action" are

substituted for "Upon petition . . . on behalf of the United States

. . . have jurisdiction" for consistency with rule 2 of the Federal

Rules of Civil Procedure (28 App. U.S.C.) and to eliminate

unnecessary words. 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 because the rules apply in the

absence of an exemption from them. The word "enjoin" is substituted

for "restrain" 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 "any act or transaction

constituting" are omitted as surplus. The word "resides" is

substituted for "is an inhabitant" for consistency and to eliminate

unnecessary words.

-End-

-CITE-

49 USC Sec. 32508 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32508. Civil actions by owners of passenger motor vehicles

-STATUTE-

When an owner of a passenger motor vehicle sustains damages as a

result of a motor vehicle accident because the vehicle did not

comply with a standard prescribed under section 32502 of this

title, the owner may bring a civil action against the manufacturer

to recover the damages. The action may be brought in the United

States District Court for the District of Columbia or in the United

States district court for the judicial district in which the owner

resides. The action must be brought not later than 3 years after

the date of the accident. The court shall award costs and a

reasonable attorney's fee to the owner when a judgment is entered

for the owner.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1047.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32508 15:1918. Oct. 20, 1972, Pub. L.

92-513, Sec. 108, 86 Stat.

955.

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

The words "applicable Federal" are omitted as surplus. The words

"when a judgment is entered for the owner" are substituted for "in

the case of any such successful action to recover that amount" to

eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 32509 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32509. Information and assistance from other departments,

agencies, and instrumentalities

-STATUTE-

(a) General Authority. - The Secretary of Transportation may

request information necessary to carry out this chapter from a

department, agency, or instrumentality of the United States

Government. The head of the department, agency, or instrumentality

shall provide the information.

(b) Detailing Personnel. - The head of a department, agency, or

instrumentality may detail, on a reimbursable basis, personnel to

assist the Secretary in carrying out this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1047.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32509 15:1914(c). Oct. 20, 1972, Pub. L.

92-513, Sec. 104(c), 86

Stat. 951.

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

In subsection (a), the words "he deems" and "his functions under"

are omitted as surplus. The words "head of the" are added for

consistency in the revised title and with other titles of the

United States Code. The words "cooperate with the Secretary and"

and "to the Department of Transportation upon request made by the

Secretary" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 32510 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

[Sec. 32510. Repealed. Pub. L. 105-362, title XV, Sec. 1501(e)(1),

Nov. 10, 1998, 112 Stat. 3294]

-MISC1-

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

1047, related to annual report by Secretary of Transportation to

Congress and the President concerning bumper standards.

-End-

-CITE-

49 USC Sec. 32511 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 325 - BUMPER STANDARDS

-HEAD-

Sec. 32511. Relationship to other motor vehicle standards

-STATUTE-

(a) Preemption. - Except as provided in this section, a State or

a political subdivision of a State may prescribe or enforce a

bumper standard for a passenger motor vehicle or passenger motor

vehicle equipment only if the standard is identical to a standard

prescribed under section 32502 of this title.

(b) Enforcement. - This chapter and chapter 301 of this title do

not affect the authority of a State to enforce a bumper standard

about an aspect of performance of a passenger motor vehicle or

passenger motor vehicle equipment not covered by a standard

prescribed under section 32502 of this title if the State bumper

standard -

(1) does not conflict with a standard prescribed under chapter

301 of this title; and

(2) was in effect or prescribed by the State on October 20,

1972.

(c) Additional and Higher Standards of Performance. - The United

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

may prescribe a bumper standard for a passenger motor vehicle or

passenger motor vehicle equipment obtained for its own use that

imposes additional or higher standards of performance than a

standard prescribed under section 32502 of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1047.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

32511(a) 15:1920(a). Oct. 20, 1972, Pub. L.

92-513, Sec. 110, 86 Stat.

955.

32511(b) 15:1920(b)(1).

32511(c) 15:1920(b)(2).

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

In subsection (a), the words "may prescribe or enforce . . . only

if the standard is identical" are substituted for "no . . . shall

have any authority to establish or enforce with respect to . . .

which is not identical" to eliminate unnecessary words. The words

"a standard prescribed under section 32502 of this title" are

substituted for "Federal bumper standard" for clarity.

In subsection (b), before clause (1), the words "to continue" are

omitted as surplus. The words "a bumper standard about an aspect of

performance . . . not covered by a standard prescribed under

section 32502 of this title" are substituted for "Until a Federal

bumper standard takes effect with respect to an aspect of

performance" and "any bumper standard which is applicable to the

same aspect of performance of such vehicle or item of equipment" to

eliminate unnecessary words. The words "if the State bumper

standard" are added for clarity.

In subsection (c), the words "that imposes additional or higher

standards of performance than" are substituted for "which is not

identical to . . . if such requirement imposes an additional or

higher standard of performance" for clarity and to eliminate

unnecessary words.

-End-