Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "49 U.S.C. § 30102"
description: "Definitions"
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kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "301"
chapter_name: "MOTOR VEHICLE SAFETY"
section: "30102"
citation: "49 U.S.C. § 30102"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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tags: ["legal", "us-code"]
---
# 49 U.S.C. § 30102 - Definitions
## Text
(a) General Definitions.— In this chapter—
(1) “covered rental vehicle” means a motor vehicle that—
(A) has a gross vehicle weight rating of 10,000 pounds or less;
(B) is rented without a driver for an initial term of less than 4 months; and
(C) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.
(2) “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.
(3) “defect” includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.
(4) “distributor” means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale.
(5) “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.
(6) “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.
(7) “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.
(8) “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, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that—
(i) is not a system, part, or component of a motor vehicle; and
(ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.
(9) “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.
(10) “motor vehicle safety standard” means a minimum standard for motor vehicle or motor vehicle equipment performance.
(11) “rental company” means a person who—
(A) is engaged in the business of renting covered rental vehicles; and
(B) uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year.
(12) “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.
(13) “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), 3011830121, 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 941; Pub. L. 112141, div. C, title I, § 31201, July 6, 2012, 126 Stat. 757; Pub. L. 11494, div. B, title XXIV, § 24109(b), Dec. 4, 2015, 129 Stat. 1706.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30102(a)(1)15:1391(7).Sept. 9, 1966, Pub. L. 89563, § 102(1)(3), (5)(9), (11), (12), 80 Stat. 718, 719. 15:1391(10).Sept. 9, 1966, Pub. L. 89563, § 102(10), 80 Stat. 718; restated Oct. 27, 1974, Pub. L. 93492, § 110(a), 88 Stat. 1484. 49 App.:1655(a)(6)(A).Oct. 15, 1966, Pub. L. 89670, § 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. 89563, § 102(4), 80 Stat. 718; restated May 22, 1970, Pub. L. 91265, § 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. 89563, 80 Stat. 718, § 159; added Oct. 27, 1974, Pub. L. 93492, § 102(a), 88 Stat. 1476. In subsection (a), the definitions apply to the entire chapter because of references in 15:14211431 applying 15:13911420 to 15:14211431. 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 94241, 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.
Editorial Notes
Amendments2015—Subsec. (a)(1). Pub. L. 11494, § 24109(b)(3), added par. (1). Former par. (1) redesignated (2). Subsec. (a)(2) to (10). Pub. L. 11494, § 24109(b)(2), redesignated pars. (1) to (9) as (2) to (10), respectively. Former par. (10) redesignated (12). Subsec. (a)(11). Pub. L. 11494, § 24109(b)(4), added par. (11). Former par. (11) redesignated (13). Subsec. (a)(12), (13). Pub. L. 11494, § 24109(b)(1), redesignated pars. (10) and (11) as (12) and (13), respectively. 2012—Subsec. (a)(7)(C). Pub. L. 112141 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPub. L. 11494, div. B, title XXIV, § 24109(k), Dec. 4, 2015, 129 Stat. 1709, provided that: “The amendments made by this section [amending this section and sections 30120, 30122, and 30166 of this title] shall take effect on the date that is 180 days after the date of enactment of this Act [Dec. 4, 2015].”
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Rule of ConstructionPub. L. 11494, div. B, title XXIV, § 24109(i), Dec. 4, 2015, 129 Stat. 1708, provided that: “Nothing in this section [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] or the amendments made by this section— “(1) may be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 of title 49, United States Code; or “(2) shall supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code).”
RulemakingPub. L. 11494, div. B, title XXIV, § 24109(j), Dec. 4, 2015, 129 Stat. 1708, provided that: “The Secretary [probably means Secretary of Transportation] may promulgate rules, as appropriate, to implement this section [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] and the amendments made by this section.”
Low-Speed Electric BicyclesPub. L. 107319, § 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[(a)](6) [now 30102(a)(7)] of title 49, United States Code.”
@@ -0,0 +1,61 @@
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# 49 U.S.C. § 30103 - Relationship to other laws
## Text
(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), 3011830121, 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 943; Pub. L. 10488, title III, § 308(j), Dec. 29, 1995, 109 Stat. 947.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30103(a)15:1392(g).Sept. 9, 1966, Pub. L. 89563, §§ 103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727. 30103(b)15:1392(d).Sept. 9, 1966, Pub. L. 89563, § 103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97331, § 3, 96 Stat. 1619. 30103(c)15:1405. 30103(d)15:1394(a)(6). 15:1410a(e).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, §§ 124(e), 160; added Oct. 27, 1974, Pub. L. 93492, §§ 102(a), 106, 88 Stat. 1477, 1481. 15:1420. 30103(e)15:1397(k).Sept. 9, 1966, Pub. L. 89563, § 108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100562, § 2(b), 102 Stat. 2818. In subsection (a), the words “or the Transportation of Explosives Act, as amended (18 U.S.C. 831835)” are omitted as obsolete because 18:831835 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.
Editorial Notes
Amendments1995—Subsec. (a). Pub. L. 10488 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
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# 49 U.S.C. § 30104 - Authorization of appropriations
## Text
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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 944; Pub. L. 105178, title VII, § 7102(a), June 9, 1998, 112 Stat. 465; Pub. L. 10639, § 1(a), July 28, 1999, 113 Stat. 206.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3010415:1392 (note).Dec. 18, 1991, Pub. L. 102240, § 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.
Editorial Notes
Amendments1999—Pub. L. 10639 substituted “$98,313,500” for “$81,200,000”. 1998—Pub. L. 105178 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.”
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# 49 U.S.C. § 30105 - Restriction on lobbying activities
## Text
(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.
(Added and amended Pub. L. 105178, title VII, § 7104(a), (c), June 9, 1998, 112 Stat. 466; Pub. L. 105206, title IX, § 9012(a), July 22, 1998, 112 Stat. 864.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105178, § 7104(c), as added by Pub. L. 105206, inserted “for the National Highway Traffic Safety Administration” after “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30106 - Rented or leased motor vehicle safety and responsibility
## Text
(a) In General.— An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if—
(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and
(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).
(b) Financial Responsibility Laws.— Nothing in this section supersedes the law of any State or political subdivision thereof—
(1) imposing financial responsibility or insurance standards on the owner of a motor vehicle for the privilege of registering and operating a motor vehicle; or
(2) imposing liability on business entities engaged in the trade or business of renting or leasing motor vehicles for failure to meet the financial responsibility or liability insurance requirements under State law.
(c) Applicability and Effective Date.— Notwithstanding any other provision of law, this section shall apply with respect to any action commenced on or after the date of enactment of this section without regard to whether the harm that is the subject of the action, or the conduct that caused the harm, occurred before such date of enactment.
(d) Definitions.— In this section, the following definitions apply:
(1) Affiliate.— The term “affiliate” means a person other than the owner that directly or indirectly controls, is controlled by, or is under common control with the owner. In the preceding sentence, the term “control” means the power to direct the management and policies of a person whether through ownership of voting securities or otherwise.
(2) Owner.— The term “owner” means a person who is—
(A) a record or beneficial owner, holder of title, lessor, or lessee of a motor vehicle;
(B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or
(C) a lessor, lessee, or a bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof, under a lease, bailment, or otherwise.
(3) Person.— The term “person” means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity.
(Added Pub. L. 10959, title X, § 10208(a), Aug. 10, 2005, 119 Stat. 1935.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 10959, which was approved Aug. 10, 2005.
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# 49 U.S.C. § 30112 - Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment
## Text
(a) General.— (1) 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.
(2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph.
(3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not 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 if the vehicle or equipment contains a defect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b). Nothing in this paragraph may be construed to prohibit the importation of a new motor vehicle that receives a required recall remedy before being sold to a consumer in the United States.
(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;
(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; or
(C) having no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment contains a defect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b);
(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;
(9) a motor vehicle that is at least 25 years old; or
(10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer for sale the motor vehicle at the conclusion of the testing or evaluation and that prior to the date of enactment of this paragraph—
(A) has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards;
(B) has submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and
(C) if applicable, has identified an agent for service of process in accordance with part 551 of such title.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 945; Pub. L. 10959, title X, § 10309(b), Aug. 10, 2005, 119 Stat. 1942; Pub. L. 112141, div. C, title I, § 31207, July 6, 2012, 126 Stat. 761; Pub. L. 11494, div. B, title XXIV, § 24404, Dec. 4, 2015, 129 Stat. 1721.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30112(a)15:1397(a)(1)(A).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(A), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93492, § 103(a)(1), 88 Stat. 1477; Oct. 31, 1988, Pub. L. 100562, § 2(c), (d), 102 Stat. 2824. 15:1397(c)(1).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(c)(1), (i); added Oct. 31, 1988, Pub. L. 100562, § 2(b), 102 Stat. 2818, 2823. 30112(b) (1)(3)15:1397(a)(2)(D), (b)(1) (1st sentence), (2).Sept. 9, 1966, Pub. L. 89563, § 108(a)(2)(D), (b)(1) (1st sentence), (2), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93492, § 103(a)(1), 88 Stat. 1477, 1478. 15:1397(b)(3).Sept. 9, 1966, Pub. L. 89563, § 108(b)(3), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93492, § 103(a)(1)(B), 88 Stat. 1478; Oct. 31, 1988, Pub. L. 100562, § 2(a), 102 Stat. 2818. 30112(b) (4)(8)(no source). 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 crossreferences to sections restating exceptions to the general rule restated in subsection (a) of this section.
Editorial Notes
References in TextThe date of enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 10959, which was approved Aug. 10, 2005. The date of enactment of this paragraph, referred to in subsec. (b)(10), is the date of enactment of Pub. L. 11494, which was approved Dec. 4, 2015.
Amendments2015—Subsec. (b)(10). Pub. L. 11494 added par. (10). 2012—Subsec. (a)(3). Pub. L. 112141, § 31207(1), added par. (3). Subsec. (b)(2)(C). Pub. L. 112141, § 31207(2), added subpar. (C). 2005—Subsec. (a). Pub. L. 10959, which directed amendment of section 30112(a), without specifying the title to be amended, by designating existing provisions as par. (1) and adding par. (2), was executed to this section, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30113 - General exemptions
## Text
(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 manufacturers 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 manufacturers 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 945; Pub. L. 105277, div. A, § 101(g) [title III, § 351(a)], Oct. 21, 1998, 112 Stat. 2681439, 2681475.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30113(a)15:1410(g).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 123; added Apr. 10, 1968, Pub. L. 90283, 82 Stat. 72; restated Oct. 25, 1972, Pub. L. 92548, § 3, 86 Stat. 1159. 30113(b)15:1410(a) (1st sentence), (c)(1) (23dlast words), (2) (23dlast words). 30113(c)15:1410(e). 30113(d)15:1410(d). 30113(e)15:1410(c)(1) (1st22d words), (2) (1st22d 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.
Editorial Notes
Amendments1998—Subsec. (b)(1). Pub. L. 105277, § 101(g) [title III, § 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. 105277, § 101(g) [title III, § 351(a)(1)(B)], inserted “or chapter 325 of this title (as applicable)” after “this chapter”. Subsec. (c)(1). Pub. L. 105277, § 101(g) [title III, § 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. 105277, § 101(g) [title III, § 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. 105277, § 101(g) [title III, § 351(a)(4)], inserted “or bumper standard prescribed under chapter 325 of this title” after “each motor vehicle safety standard prescribed under this chapter”.
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# 49 U.S.C. § 30114 - Special exemptions
## Text
(a) 11 So in original. Probably should be “(a)”. Vehicles Used for Particular Purposes.22 So in original. Probably should be followed by a dash. 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.
(b) Exemption for Low-volume Manufacturers.— (1) In general.— The Secretary shall—
(A) exempt from section 30112(a) of this title not more than 325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer; and
(B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment.
(2) Registration requirement.— To qualify for an exemption under paragraph (1), a low-volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a low-volume manufacturer if the person is registered as an importer under section 30141 of this title.
(3) Permanent label requirement.— (A) In general.— The Secretary shall require a low-volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a), states that the vehicle is a replica, and designates the model year such vehicle replicates.
(B) Written notice.— The Secretary may require a low-volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to—
(i) the dealer; and
(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale.
(C) Reporting requirement.— A low-volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A).
(4) Effect on other provisions.— Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232).
(5) Limitation and public notice.— The Secretary shall have 90 days to review and approve or deny a registration submitted under paragraph (2). If the Secretary determines that any such registration submitted is incomplete, the Secretary shall have an additional 30 days for review. Any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submitted is incomplete, shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection or a finding by the Secretary of a safety-related defect or unlawful conduct under this chapter that poses a significant safety risk. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a low-volume manufacturer under this subsection may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufacturer to vehicles built during that calendar year. The Secretary shall maintain an up-to-date list of registrants and a list of the make and model of motor vehicles exempted under paragraph (1) on at least an annual basis and publish such list in the Federal Register or on a website operated by the Secretary.
(6) Limitation of liability for original manufacturers, licensors or owners of product configuration, trade dress, or design patents.— The original manufacturer, its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a low-volume manufacturer shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low-volume manufacturer.
(7) Definitions.— In this subsection:
(A) Low-volume manufacturer.— The term “low-volume manufacturer” means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles.
(B) Replica motor vehicle.— The term “replica motor vehicle” means a motor vehicle produced by a low-volume manufacturer and that—
(i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and
(ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.
(8) Construction.— Except as provided in paragraphs (1) and (4), a registrant shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI of this title. Nothing shall be construed to exempt a registrant from complying with the requirements under sections 30116 through 30120A of this title if the motor vehicle excepted under paragraph (1) contains a defect related to motor vehicle safety.
(9) State registration.— Nothing in this subsection shall be construed to preempt, affect, or supersede any State titling or registration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 105178, title VII, § 7107(a), June 9, 1998, 112 Stat. 469; Pub. L. 11494, div. B, title XXIV, § 24405(a), Dec. 4, 2015, 129 Stat. 1721.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3011415:1397(j).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(j); added Oct. 31, 1988, Pub. L. 100562, § 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.
Editorial Notes
Amendments2015—Pub. L. 11494 designated existing provisions as subsec. “(a)”, inserted heading, and added subsec. (b). 1998—Pub. L. 105178 substituted “competitive racing events, show, or display” for “or competitive racing events”.
Statutory Notes and Related Subsidiaries
Transition RulePub. L. 105178, title VII, § 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.”
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# 49 U.S.C. § 30115 - Certification of compliance
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 106414, § 9, Nov. 1, 2000, 114 Stat. 1805.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3011515:1397(a)(1)(C), (E) (related to 15:1403).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(C), (E) (related to § 114), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93492, § 103(a)(1)(A), (2)(B), 88 Stat. 1477, 1478. 15:1403.Sept. 9, 1966, Pub. L. 89563, § 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.
Editorial Notes
Amendments2000—Pub. L. 106414 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Statutory Notes and Related Subsidiaries
Follow-Up ReportPub. L. 106414, § 16, Nov. 1, 2000, 114 Stat. 1808, provided that, by one year after Nov. 1, 2000, the Secretary of Transportation would report to Congress on the implementation of the 2000 amendments.
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# 49 U.S.C. § 30116 - Defects and noncompliance found before sale to purchaser
## Text
(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 manufacturers or distributors 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 manufacturers or distributors 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 attorneys fee. An action under this section must be brought not later than 3 years after the claim accrues.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 947.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30116(a)15:1400(a) (less (2) (last 97 words)).Sept. 9, 1966, Pub. L. 89563, § 111, 80 Stat. 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 “manufacturers or distributors” 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 attorneys 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.
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# 49 U.S.C. § 30117 - Providing information to, and maintaining records on, purchasers
## Text
(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 3011830121, 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) Rulemaking.— (A) In general.— The Secretary shall initiate a rulemaking to require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to maintain records of—
(i) the name and address of tire purchasers and lessors;
(ii) information identifying the tire that was purchased or leased; and
(iii) any additional records the Secretary considers appropriate.
(B) Electronic transmission.— The rulemaking carried out under subparagraph (A) shall require a distributor or dealer of tires that is not owned or controlled by a manufacturer of tires to electronically transmit the records described in clauses (i), (ii), and (iii) of subparagraph (A) to the manufacturer of the tires or the designee of the manufacturer by secure means at no cost to tire purchasers or lessors.
(C) Satisfaction of requirements.— A regulation promulgated under subparagraph (A) may be considered to satisfy the requirements of paragraph (2)(B).
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 948; Pub. L. 106414, § 12, Nov. 1, 2000, 114 Stat. 1806; Pub. L. 11494, div. B, title XXIV, § 24333, Dec. 4, 2015, 129 Stat. 1715.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30117(a)15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(d)).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(B) (related to § 112(d)), (D) (related to § 158(b)), (E) (related to § 112(d)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93492, § 103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. 15:1401(d).Sept. 9, 1966, Pub. L. 89563, § 112(d), 80 Stat. 725; May 22, 1970, Pub. L. 91265, § 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. 89563, 80 Stat. 718, § 158(b)(1); added Oct. 27, 1974, Pub. L. 93492, § 102(a), 88 Stat. 1476; Nov. 6, 1978, Pub. L. 95599, § 317, 92 Stat. 2752; Oct. 15, 1982, Pub. L. 97331, § 4(a)(1), 96 Stat. 1619. 15:1418(b)(2), (3).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 158(b)(2), (3); added Oct. 15, 1982, Pub. L. 97331, § 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 manufacturers” 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.
Editorial Notes
References in TextThe date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106414, which was approved Nov. 1, 2000.
Amendments2015—Subsec. (b)(3). Pub. L. 11494 amended par. (3) generally. Prior to amendment, par. (3) related to requirement for Secretary to evaluate record maintenance procedures under par. (2) and submit reports to Congress. 2000—Subsec. (c). Pub. L. 106414 added subsec. (c).
Statutory Notes and Related Subsidiaries
Retention of Safety Records by ManufacturersPub. L. 11494, div. B, title XXIV, § 24403, Dec. 4, 2015, 129 Stat. 1720, provided that: “(a) Rule.—Not later than 18 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Transportation shall issue a final rule pursuant to section 30117 of title 49, United States Code, requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records required to be maintained by manufacturers under section 576.6 of title 49, Code of Federal Regulations, for a period of not less than 10 calendar years from the date on which they were generated or acquired by the manufacturer. “(b) Application.—The rule required by subsection (a) shall apply with respect to any record described in such subsection that is in the possession of a manufacturer on the effective date of such rule.”
15-Passenger Van SafetyPub. L. 10959, title X, § 10309(a), Aug. 10, 2005, 119 Stat. 1942, provided that: “(1) In general.—The Secretary of Transportation shall require the testing of 15-passenger vans as part of the rollover resistance program of the National Highway Traffic Safety Administrations new car assessment program. “(2) 15-passenger van defined.—In this subsection, the term 15-passenger van means a vehicle that seats 10 to 14 passengers, not including the driver.”
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# 49 U.S.C. § 30118 - Notification of defects and noncompliance
## Text
(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 or electronic 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.
(f) Reports on Notification Campaigns.— (1) In general.— Each manufacturer that is conducting a campaign under subsection (b) or (c) or any other provision of law (including regulations) to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration—
(A) by the applicable date described in section 573.7(d) of title 49, Code of Federal Regulations (or a successor regulation), a quarterly report describing the campaign for each of 8 consecutive quarters, beginning with the quarter in which the campaign was initiated; and
(B) an annual report for each of the 3 years beginning after the date of completion of the last quarter for which a quarterly report is submitted under subparagraph (A).
(2) Requirements.— Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of section 573.7 of title 49, Code of Federal Regulations (or a successor regulation).
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 950; Pub. L. 106346, § 101(a) [title III, § 364], Oct. 23, 2000, 114 Stat. 1356, 1356A37; Pub. L. 106414, § 2, Nov. 1, 2000, 114 Stat. 1800; Pub. L. 11494, div. B, title XXIV, § 24104(b), Dec. 4, 2015, 129 Stat. 1703; Pub. L. 11758, div. B, title IV, § 24202(a), Nov. 15, 2021, 135 Stat. 819.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30118(a)15:1397(a)(1)(D) (related to 15:1412(a) (1st3d sentences)).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(D) (related to §§ 151, 152, 153(c) (1st sentence cl. (6)), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478. 15:1412(a) (1st3d sentences).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, §§ 151, 152, 156 (related to notice), 157 (related to notice); added Oct. 27, 1974, Pub. L. 93492, § 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 sentence cl. (6)).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 153(c) (1st sentence cl. (6)); added Oct. 27, 1974, Pub. L. 93492, § 102(a), 88 Stat. 1472; Oct. 15, 1982, Pub. L. 97331, § 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.
Editorial Notes
Amendments2021—Subsec. (f). Pub. L. 11758 added subsec. (f). 2015—Subsec. (c). Pub. L. 11494 inserted “or electronic mail” after “certified mail” in introductory provisions. 2000—Pub. L. 106346, § 101(a) [title III, § 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. 106414, § 2. See Construction of 2000 Amendment note below.
Statutory Notes and Related Subsidiaries
Construction of 2000 AmendmentPub. L. 106414, § 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. 106346, § 101(a) [title III, § 364], Oct. 23, 2000, 114 Stat. 1356, 1356A37] are repealed and such section shall be effective as if such amending section had not been enacted.”
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# 49 U.S.C. § 30119 - Notification procedures
## Text
(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 in the manner prescribed by the Secretary, by regulation—
(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 shall be sent in the manner prescribed by the Secretary, by regulation, to the most recent purchaser known to the manufacturer.
(3) In addition to the notification required under paragraphs (1) and (2), if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given by the manufacturer 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 in the manner prescribed by the Secretary, by regulation.
(e) Additional Notification.— (1) 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.
(2) Additional notifications.— If the Secretary determines, after taking into account the severity of the defect or noncompliance, that the second notification by a manufacturer does not result in an adequate number of motor vehicles or items of replacement equipment being returned for remedy, the Secretary may order the manufacturer—
(A) (i) to send additional notifications in the manner prescribed by the Secretary, by regulation; or
(ii) to take additional steps to locate and notify each person registered under State law as the owner or lessee or the most recent purchaser or lessee, as appropriate; and
(B) to emphasize the magnitude of the safety risk caused by the defect or noncompliance in such notification.
(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.
(g) Information Regarding Components Involved in Recall.— A manufacturer that is required to furnish a report under section 573.6 of title 49, Code of Federal Regulations (or any successor regulation) for a defect or noncompliance in a motor vehicle or in an item of original or replacement equipment shall, if such defect or noncompliance involves a specific component or components, include in such report, with respect to such component or components, the following information:
(1) The name of the component or components.
(2) A description of the component or components.
(3) The part number of the component or components, if any.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 951; Pub. L. 112141, div. C, title I, § 31310, July 6, 2012, 126 Stat. 771; Pub. L. 11494, div. B, title XXIV, § 24116, Dec. 4, 2015, 129 Stat. 1711.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30119(a)15:1397(a)(1)(D) (related to 15:1413(a)).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(D) (related to §§ 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. 93492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478. 15:1413(a).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, §§ 153(a), (b), 154(b)(2) (2d, last sentences); added Oct. 27, 1974, Pub. L. 93492, § 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 sentence cls. (1)(5), last sentence).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 153(c) (1st sentence cls. (1)(5), last sentence); added Oct. 27, 1974, Pub. L. 93492, § 102(a), 88 Stat. 1471, 1472; Oct. 15, 1982, Pub. L. 97331, § 4(b), 96 Stat. 1620. 30119(e)15:1413(d).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 153(d), (e); added Dec. 18, 1991, Pub. L. 102240, § 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 “Secretarys” 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.
Editorial Notes
Amendments2015—Subsec. (g). Pub. L. 11494 added subsec. (g). 2012—Subsec. (d)(1). Pub. L. 112141, § 31310(a)(1), substituted “in the manner prescribed by the Secretary, by regulation” for “by first class mail” in introductory provisions. Subsec. (d)(2). Pub. L. 112141, § 31310(a)(2), substituted “shall be sent in the manner prescribed by the Secretary, by regulation,” for “(except a tire) shall be sent by first class mail” and struck out second sentence which read as follows: “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.” Subsec. (d)(3). Pub. L. 112141, § 31310(a)(3), struck out first sentence which read “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.” and inserted “to the notification required under paragraphs (1) and (2)” after “addition” and “by the manufacturer” after “given” in introductory provisions. Subsec. (d)(4). Pub. L. 112141, § 31310(a)(4), substituted “in the manner prescribed by the Secretary, by regulation” for “by certified mail or quicker means if available”. Subsec. (e). Pub. L. 112141, § 31310(b), substituted “Additional” for “Second” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Improvements in Availability of Recall InformationPub. L. 11494, div. B, title XXIV, § 24103(a), Dec. 4, 2015, 129 Stat. 1702, provided that: “Not later than 2 years after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall implement current information technology, web design trends, and best practices that will help ensure that motor vehicle safety recall information available to the public on the Federal website is readily accessible and easy to use, including— “(1) by improving the organization, availability, readability, and functionality of the website; “(2) by accommodating high-traffic volume; and “(3) by establishing best practices for scheduling routine website maintenance.”
Notification ImprovementPub. L. 11494, div. B, title XXIV, § 24104(a), Dec. 4, 2015, 129 Stat. 1703, provided that: “(1) In general.—Not later than 270 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall prescribe a final rule revising the regulations under section 577.7 of title 49, Code of Federal Regulations, to include notification by electronic means in addition to notification by first class mail. “(2) Definition of electronic means.—In this subsection, the term electronic means includes electronic mail and may include such other means of electronic notification, such as social media or targeted online campaigns, as determined by the Secretary.”
Pilot Grant Program for State Notification to Consumers of Motor Vehicle Recall StatusPub. L. 11494, div. B, title XXIV, § 24105, Dec. 4, 2015, 129 Stat. 1704, provided that: “(a) In General.—Not later than October 1, 2016, the Secretary shall implement a 2-year pilot program to evaluate the feasibility and effectiveness of a State process for informing consumers of open motor vehicle recalls at the time of motor vehicle registration in the State. “(b) Grants.—To carry out this program, the Secretary may make a grant to each eligible State, but not more than 6 eligible States in total, that agrees to comply with the requirements under subsection (c). Funds made available to a State under this section shall be used by the State for the pilot program described in subsection (a). “(c) Eligibility.—To be eligible for a grant, a State shall—“(1) submit an application in such form and manner as the Secretary prescribes; “(2) agree to notify, at the time of registration, each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that vehicle; “(3) provide the open motor vehicle recall information at no cost to each owner or lessee of a motor vehicle presented for registration in the State; and “(4) provide such other information as the Secretary may require. “(d) Awards.—In selecting an applicant for an award under this section, the Secretary shall consider the States methodology for determining open recalls on a motor vehicle, for informing consumers of the open recalls, and for determining performance. “(e) Performance Period.—Each grant awarded under this section shall require a 2-year performance period. “(f) Report.—Not later than 90 days after the completion of the performance period under subsection (e), a grantee shall provide to the Secretary a report of performance containing such information as the Secretary considers necessary to evaluate the extent to which open recalls have been remedied. “(g) Evaluation.—Not later than 180 days after the completion of the pilot program, the Secretary shall evaluate the extent to which open recalls identified have been remedied. “(h) Definitions.—In this section:“(1) Consumer.—The term consumer includes owner and lessee. “(2) Motor vehicle.—The term motor vehicle has the meaning given the term under section 30102(a) of title 49, United States Code. “(3) Open recall.—The term open recall means a recall for which a notification by a manufacturer has been provided under section 30119 of title 49, United States Code, and that has not been remedied under section 30120 of that title. “(4) Registration.—The term registration means the process for registering motor vehicles in the State. “(5) State.—The term State has the meaning given the term under section 101(a) of title 23, United States Code.”
Tire Recall DatabasePub. L. 11494, div. B, title XXIV, § 24335, Dec. 4, 2015, 129 Stat. 1716, provided that: “(a) In General.—The Secretary shall establish a publicly available and searchable electronic database of tire recall information that is reported to the Administrator of the National Highway Traffic Safety Administration. “(b) Tire Identification Number.—The database established under subsection (a) shall be searchable by Tire Identification Number (TIN) and any other criteria that assists consumers in determining whether a tire is subject to a recall.”
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# 49 U.S.C. § 30120A - Recall obligations and bankruptcy of a manufacturer
## Text
A manufacturers filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturers duty to comply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturers obligations under such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety defect or noncompliance determined to exist in the manufacturers products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy.
(Added Pub. L. 112141, div. C, title I, § 31312(a), July 6, 2012, 126 Stat. 772; amended Pub. L. 11494, div. B, title XXIV, § 24106, Dec. 4, 2015, 129 Stat. 1705.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 11494 substituted “chapter 7 or chapter 11 of title 11” for “chapter 11 of title 11,”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30121 - Provisional notification and civil actions to enforce
## Text
(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 Secretarys stated basis for the decision;
(C) the Secretarys 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 954.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30121(a)15:1397(a)(1)(D) (related to 15:1415(b)).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(D) (related to § 155), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93492, § 103(a)(1)(A), (3), 88 Stat. 1477, 1478. 15:1415(b).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 155(b)(d); added Oct. 27, 1974, Pub. L. 93492, § 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. 89563, 80 Stat. 718, § 155(a); added Oct. 27, 1974, Pub. L. 93492, § 102(a), 88 Stat. 1474; Nov. 8, 1984, Pub. L. 98620, § 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.
@@ -0,0 +1,57 @@
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# 49 U.S.C. § 30122 - Making safety devices and elements inoperative
## Text
(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, rental company, 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, rental company, 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”.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 956; Pub. L. 112141, div. C, title I, § 31202(a)(1), July 6, 2012, 126 Stat. 757; Pub. L. 11494, div. B, title XXIV, § 24109(d), Dec. 4, 2015, 129 Stat. 1707.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30122(a)15:1397(a)(2)(A) (last sentence).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(a)(2)(A) (C); added Oct. 27, 1974, Pub. L. 93492, § 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.
Editorial Notes
Amendments2015—Subsec. (b). Pub. L. 11494 inserted “rental company,” after “dealer,” in two places. 2012—Subsec. (d). Pub. L. 112141 struck out subsec. (d). Text read as follows: “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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 11494, set out as a note under section 30102 of this title.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30123 - Tires
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 956; Pub. L. 105178, title VII, § 7106(b), June 9, 1998, 112 Stat. 467.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30123(a)15:1421 (1st sentence).Sept. 9, 1966, Pub. L. 89563, §§ 201203, 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. 89563, § 204(a), 80 Stat. 729; restated Oct. 27, 1974, Pub. L. 93492, § 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.
Editorial Notes
Amendments1998—Pub. L. 105178 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.
Statutory Notes and Related Subsidiaries
Tire Pressure Monitoring SystemPub. L. 11494, div. B, title XXIV, § 24115, Dec. 4, 2015, 129 Stat. 1710, provided that: “(a) Proposed Rule.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary shall publish a proposed rule that—“(1) updates the standards pertaining to tire pressure monitoring systems to ensure that a tire pressure monitoring system that is installed in a new motor vehicle after the effective date of such updated standards cannot be overridden, reset, or recalibrated in such a way that the system will no longer detect when the inflation pressure in one or more of the vehicles tires has fallen to or below a significantly underinflated pressure level; and “(2) does not contain any provision that has the effect of prohibiting the availability of direct or indirect tire pressure monitoring systems that meet the requirements of the standards updated pursuant to paragraph (1). “(b) Final Rule.—Not later than 2 years after the date of enactment of this Act, after providing the public with sufficient opportunity for notice and comment on the proposed rule published pursuant to subsection (a), the Secretary shall issue a final rule based on the proposed rule described in subsection (a) that—“(1) allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate—“(A) the repositioning of tire sensor locations on vehicles with split inflation pressure recommendations; “(B) tire rotation; or “(C) replacement tires or wheels of a different size than the original equipment tires or wheels; and “(2) to address the accommodations described in subparagraphs (A), (B), and (C) of paragraph (1), ensures that a tire pressure monitoring system that is reset or recalibrated according to the manufacturers instructions would illuminate the low tire pressure warning telltale when a tire is significantly underinflated until the tire is no longer significantly underinflated. “(c) Significantly Underinflated Pressure Level Defined.—In this section, the term significantly underinflated pressure level means a pressure level that is—“(1) below the level at which the low tire pressure warning telltale must illuminate, consistent with the TPMS detection requirements contained in S4.2(a) of section 571.138 of title 49, Code of Federal Regulations, or any corresponding similar or successor regulation or ruling (as determined by the Secretary); and “(2) in the case of a replacement wheel or tire, below the recommended cold inflation pressure of the wheel or tire manufacturer.”
Improved Tire InformationPub. L. 106414, § 11, Nov. 1, 2000, 114 Stat. 1806, provided that, by 30 days after Nov. 1, 2000, the Secretary of Transportation would initiate a rulemaking proceeding to improve the labeling of tires required by this section to assist consumers in identifying tires that may be the subject of a decision or notice under section 30118 of this title and also provided the Secretary could authorize any additional action needed to inform the public of the importance of observing motor vehicle tire load limits and maintaining proper tire inflation levels, with the rulemaking completed by not later than June 1, 2002.
Tire Pressure WarningPub. L. 106414, § 13, Nov. 1, 2000, 114 Stat. 1806, provided that, not later than 1 year after Nov. 1, 2000, the Secretary of Transportation would complete a rulemaking for a regulation, effective not later than 2 years after the date of the completion of such rulemaking, to require a warning system in new motor vehicles to indicate significantly underinflated tires.
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# 49 U.S.C. § 30124 - Nonuse of safety belts
## Text
A motor vehicle safety standard prescribed under this chapter may not require 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 957; Pub. L. 112141, div. C, title I, § 31202(a)(2), July 6, 2012, 126 Stat. 757.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3012415:1410b.Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 125; added Oct. 27, 1974, Pub. L. 93492, § 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.
Editorial Notes
Amendments2012—Pub. L. 112141 amended section generally. Prior to amendment, text read as follows: “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.”
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30125 - Schoolbuses and schoolbus equipment
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 957.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30125(a)15:1391(14), (15).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 102(14), (15); added Oct. 27, 1974, Pub. L. 93492, § 201, 88 Stat. 1484. 30125(b)15:1392(i)(1).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 103(i)(1), (2); added Oct. 27, 1974, Pub. L. 93492, § 202, 88 Stat. 1484; July 8, 1976, Pub. L. 94346, § 2, 90 Stat. 815. 30125(c)15:1392(i)(2). 15:1397(a)(1)(F).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(a)(1)(F); added Oct. 27, 1974, Pub. L. 93492, § 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.
@@ -0,0 +1,39 @@
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# 49 U.S.C. § 30126 - Used motor vehicles
## Text
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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 958.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3012615:1397(b)(1) (2dlast sentences).Sept. 9, 1966, Pub. L. 89563, § 108(b)(1) (2dlast 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.
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# 49 U.S.C. § 30128 - Vehicle rollover prevention and crash mitigation
## Text
(a) In General.— The Secretary shall initiate rulemaking proceedings, for the purpose of establishing rules or standards that will reduce vehicle rollover crashes and mitigate deaths and injuries associated with such crashes for motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds.
(b) Rollover Prevention.— One of the rulemaking proceedings initiated under subsection (a) shall be to establish performance criteria to reduce the occurrence of rollovers consistent with stability enhancing technologies. The Secretary shall issue a proposed rule in this proceeding by rule by October 1, 2006, and a final rule by April 1, 2009.
(c) Occupant Ejection Prevention.— (1) In general.— The Secretary shall also initiate a rulemaking proceeding to establish performance standards to reduce complete and partial ejections of vehicle occupants from outboard seating positions. In formulating the standards the Secretary shall consider various ejection mitigation systems. The Secretary shall issue a final rule under this paragraph no later than October 1, 2009.
(2) Door locks and door retention.— The Secretary shall complete the rulemaking proceeding initiated to upgrade Federal Motor Vehicle Safety Standard No. 206, relating to door locks and door retention, no later than 30 months after the date of enactment of this section.
(d) Protection of Occupants.— One of the rulemaking proceedings initiated under subsection (a) shall be to establish performance criteria to upgrade Federal Motor Vehicle Safety Standard No. 216 relating to roof strength for driver and passenger sides. The Secretary may consider industry and independent dynamic tests that realistically duplicate the actual forces transmitted during a rollover crash. The Secretary shall issue a proposed rule by December 31, 2005, and a final rule by July 1, 2008.
(e) Deadlines.— If the Secretary determines that the deadline for a final rule under this section cannot be met, the Secretary shall—
(1) notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and
(2) establish a new deadline.
(Added Pub. L. 10959, title X, § 10301(a), Aug. 10, 2005, 119 Stat. 1939.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 10959, which was approved Aug. 10, 2005.
Codification Section 10301(a) of Pub. L. 10959, which directed that this section be added at the end of subchapter II of chapter 301, without specifying the title to be amended, was executed by adding this section at the end of subchapter II of this chapter, to reflect the probable intent of Congress.
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# 49 U.S.C. § 30129 - Crash avoidance technology
## Text
(a) In General.— The Secretary of Transportation shall promulgate a rule—
(1) to establish minimum performance standards with respect to crash avoidance technology; and
(2) to require that all passenger motor vehicles manufactured for sale in the United States on or after the compliance date described in subsection (b) shall be equipped with—
(A) a forward collision warning and automatic emergency braking system that—
(i) alerts the driver if—
(I) the distance to a vehicle ahead or an object in the path of travel ahead is closing too quickly; and
(II) a collision is imminent; and
(ii) automatically applies the brakes if the driver fails to do so; and
(B) a lane departure warning and lane-keeping assist system that—
(i) warns the driver to maintain the lane of travel; and
(ii) corrects the course of travel if the driver fails to do so.
(b) Compliance Date.— The Secretary of Transportation shall determine the appropriate effective date, and any phasing-in of requirements, of the final rule promulgated pursuant to subsection (a).
(Added Pub. L. 11758, div. B, title IV, § 24208(a), Nov. 15, 2021, 135 Stat. 823.)
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# 49 U.S.C. § 30141 - Importing motor vehicles capable of complying with standards
## Text
(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), 3011830121, 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, 3011730122, 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 960; Pub. L. 103429, § 6(23), Oct. 31, 1994, 108 Stat. 4380.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30141(a)15:1397(c)(3)(A), (C)(i).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(c)(2), (3)(A)(D); added Oct. 31, 1988, Pub. L. 100562, § 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. 100431, 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 Secretarys 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. 103429This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
Editorial Notes
Amendments1994—Subsec. (c)(4)(A). Pub. L. 103429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
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# 49 U.S.C. § 30142 - Importing motor vehicles for personal use
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 962.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30142(a)15:1397(f)(1).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(f); added Oct. 31, 1988, Pub. L. 100562, § 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”.
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# 49 U.S.C. § 30143 - Motor vehicles imported by individuals employed outside the United States
## Text
(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 individuals 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 963.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30143(a)15:1397(g) (3d, last sentences).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(g); added Oct. 31, 1988, Pub. L. 100562, § 2(b), 102 Stat. 2823. 30143(b), (c)15:1397(g) (1st, 2d 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.
Editorial Notes
References in TextSubsections (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. 89563, 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. 103272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 945, 963, 1379.
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# 49 U.S.C. § 30144 - Importing motor vehicles on a temporary basis
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 964; Pub. L. 104287, § 5(57), Oct. 11, 1996, 110 Stat. 3394.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30144(a)15:1397(h) (1st sentence).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(h); added Oct. 31, 1988, Pub. L. 100562, § 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. 104287This amends 49:30144(a)(1)(A) to correct an erroneous cross-reference.
Editorial Notes
References in TextThe International Organizations Immunities Act, referred to in subsec. (a)(1)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 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.
Amendments1996—Subsec. (a)(1)(A). Pub. L. 104287 substituted “International Organizations” for “International Organization”.
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# 49 U.S.C. § 30145 - Importing motor vehicles or equipment requiring further manufacturing
## Text
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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 964.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 3014515:1397(e).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(e); added Oct. 31, 1988, Pub. L. 100562, § 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.
@@ -0,0 +1,61 @@
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# 49 U.S.C. § 30146 - Release of motor vehicles and bonds
## Text
(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 Manufacturers Certification.— In making a certification under subsection (a)(1) of this section, the registered importer may rely on the manufacturers 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.11 So in original. Probably should be “misrepresentation.” 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 964.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30146(a)15:1397(c)(3)(E)(i) (1st, 3d, last sentences), (vii).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(c)(3)(E); added Oct. 31, 1988, Pub. L. 100562, § 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.
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# 49 U.S.C. § 30147 - Responsibility for defects and noncompliance
## Text
(a) Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.— (1) In carrying out sections 30117(b), 3011830121, 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), 3011830121, and 30166(f) of this title.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 966.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30147(a)15:1397(d)(1).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 108(d); added Oct. 31, 1988, Pub. L. 100562, § 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.
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# 49 U.S.C. § 30161 - Judicial review of standards
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 966.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30161(a)15:1394(a)(1) (1st sentence), (3).Sept. 9, 1966, Pub. L. 89563, § 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.).
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# 49 U.S.C. § 30162 - Petitions by interested persons for standards and enforcement
## Text
(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.— A petition under this section 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 a petition under this section.
(d) Actions of Secretary.— (1) In general.— The Secretary shall determine whether to approve or deny a petition under this section by not later than 120 days after the petition is filed.
(2) Approval.— If a petition under this section is approved, the Secretary shall begin the proceeding promptly.
(3) Denial.— If a petition under this section is denied, the Secretary shall publish the reasons for the denial in the Federal Register.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 967; Pub. L. 11758, div. B, title IV, § 24206, Nov. 15, 2021, 135 Stat. 822.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30162(a)15:1410a(a).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 124(a)(d); added Oct. 27, 1974, Pub. L. 93492, § 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.
Editorial Notes
Amendments2021—Subsec. (b). Pub. L. 11758, § 24206(1), substituted “A petition under this section” for “The petition”. Subsec. (c). Pub. L. 11758, § 24206(2), substituted “a petition under this section” for “the petition”. Subsec. (d). Pub. L. 11758, § 24206(3), designated first to third sentences of existing provisions as pars. (1) to (3), respectively, and inserted headings. Subsec. (d)(1). Pub. L. 11758, § 24206(3)(C), substituted “The Secretary shall determine whether to approve or deny a petition under this section by” for “The Secretary shall grant or deny a petition”. Subsec. (d)(2). Pub. L. 11758, § 24206(3)(B), substituted “If a petition under this section is approved” for “If a petition is granted”. Subsec. (d)(3). Pub. L. 11758, § 24206(3)(A), substituted “If a petition under this section” for “If a petition”.
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# 49 U.S.C. § 30163 - Actions by the Attorney General
## Text
(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 persons 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 967.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30163(a)15:1399(a) (1st sentence).Sept. 9, 1966, Pub. L. 89563, § 110(a), (c), 80 Stat. 723, 724; Oct. 27, 1974, Pub. L. 93492, §§ 102(b)(2), 103(c), 88 Stat. 1477, 1478. 15:1424(b) (related to injunctions).Sept. 9, 1966, Pub. L. 89563, § 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. 89563, § 110(b), (d) (related to § 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.
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# 49 U.S.C. § 30164 - Service of process; conditions on importation of vehicles and equipment
## Text
(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 agents 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.
(c) Identifying Information.— A manufacturer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall provide, upon request, such information that is necessary to identify and track the products as the Secretary, by rule, may specify, including—
(1) the product by name and the manufacturers address; and
(2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over which the Secretary has jurisdiction under this chapter.
(d) Regulations on the Import of a Motor Vehicle.— The Secretary may issue regulations that—
(1) condition the import of a motor vehicle or motor vehicle equipment on the manufacturers compliance with—
(A) the requirements under this section;
(B) paragraph (1) or (3) of section 30112(a) with respect to such motor vehicle or motor vehicle equipment;
(C) the provision of reports and records required to be maintained with respect to such motor vehicle or motor vehicle equipment under this chapter;
(D) a request for inspection of premises, vehicle, or equipment under section 30166;
(E) an order or voluntary agreement to remedy such vehicle or equipment; or
(F) any rules implementing the requirements described in this subsection;
(2) provide an opportunity for the manufacturer to present information before the Secretarys determination as to whether the manufacturers imports should be restricted; and
(3) establish a process by which a manufacturer may petition for reinstatement of its ability to import motor vehicles or motor vehicle equipment.
(e) Exception.— The requirements of subsections (c) and (d) shall not apply to original manufacturers (or wholly owned subsidiaries) of motor vehicles that, prior to the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012—
(1) have imported motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards;
(2) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and
(3) if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.
(f) Rulemaking.— In issuing regulations under this section, the Secretary shall seek to reduce duplicative requirements by coordinating with the Department of Homeland Security.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 968; Pub. L. 112141, div. C, title I, § 31208(2), July 6, 2012, 126 Stat. 761.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30164(a)15:1399(e) (1st sentence).Sept. 9, 1966, Pub. L. 89563, § 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.
Editorial Notes
References in TextThe date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (e), is the date of enactment of title I of div. C of Pub. L. 112141, which was approved July 6, 2012.
Amendments2012—Pub. L. 112141, § 31208(2)(A), inserted “; conditions on importation of vehicles and equipment” after “process” in section catchline. Subsecs. (c) to (f). Pub. L. 112141, § 31208(2)(B), added subsecs. (c) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30165 - Civil penalty
## Text
(a) Civil Penalties.— (1) In general.— A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 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 $105,000,000.
(2) School buses.— (A) In general.— Notwithstanding paragraph (1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of—
(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or
(ii) a violation of section 30112(a)(2) of this title.
(B) Related series of violations.— 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 that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000.
(3) Section 30166.— Except as provided in paragraph (4), 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 $21,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $105,000,000.
(4) False or misleading reports.— A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000.
(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) Relevant Factors in Determining Amount of Penalty or Compromise.— In determining the amount of a civil penalty or compromise under this section, the Secretary of Transportation shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate—
(1) the nature of the defect or noncompliance;
(2) knowledge by the person charged of its obligations under this chapter;
(3) the severity of the risk of injury;
(4) the occurrence or absence of injury;
(5) the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance;
(6) actions taken by the person charged to identify, investigate, or mitigate the condition;
(7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts;
(8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and
(9) other appropriate factors.
(d) Subpenas for Witnesses.— In a civil action brought under this section, a subpena for a witness may be served in any judicial district.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 968; Pub. L. 103429, § 6(23), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 106414, § 5(a), Nov. 1, 2000, 114 Stat. 1803; Pub. L. 10959, title X, § 10309(c), Aug. 10, 2005, 119 Stat. 1942; Pub. L. 112141, div. C, title I, §§ 31203(a), 31304(b), title II, § 32301(c), July 6, 2012, 126 Stat. 758, 764, 788; Pub. L. 11494, div. B, title XXIV, § 24110(a), Dec. 4, 2015, 129 Stat. 1709.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30165(a)15:1398(a).Sept. 9, 1966, Pub. L. 89563, § 109(a), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93492, § 103(b), 88 Stat. 1478. 15:1424(b) (related to civil penalty).Sept. 9, 1966, Pub. L. 89563, §§ 109(b), 110(d) (related to § 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. 103429This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
Editorial Notes
Amendments2015—Subsec. (a)(1). Pub. L. 11494, § 24110(a)(1), substituted “$21,000” for “$5,000” and “$105,000,000” for “$35,000,000”. Subsec. (a)(3). Pub. L. 11494, § 24110(a)(2), substituted “$21,000” for “$5,000” and “$105,000,000” for “$35,000,000”. 2012—Subsec. (a)(1). Pub. L. 112141, § 32301(c), substituted “30141 through 30147, or 31137” for “or 30141 through 30147”. Pub. L. 112141, § 31203(a)(1)(A), substituted “30123(a)” for “30123(d)” and “$35,000,000” for “$15,000,000”. Subsec. (a)(3). Pub. L. 112141, § 31304(b)(1), substituted “Except as provided in paragraph (4), a person” for “A person”. Pub. L. 112141, § 31203(a)(1)(B), substituted “$35,000,000” for “$15,000,000”. Subsec. (a)(4). Pub. L. 112141, § 31304(b)(2), added par. (4). Subsec. (c). Pub. L. 112141, § 31203(a)(2), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.” 2005—Subsec. (a)(2), (3). Pub. L. 10959, which directed amendment of section 30165(a), without specifying the title to be amended, by adding par. (2) and redesignating former par. (2) as (3), was executed to this section, to reflect the probable intent of Congress. 2000—Subsec. (a). Pub. L. 106414 amended heading and text generally. Prior to amendment, text read as follows: “A person that violates any of sections 30112, 30115, 3011730122, 30123(d), 30125(c), 30127, 3014130147, 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. 103429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections” in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentPub. L. 11494, div. B, title XXIV, § 24110(b), (c), Dec. 4, 2015, 129 Stat. 1709, provided that: “(b) Effective Date.—The amendments made by subsection (a) of this section [amending this section] take effect on the date that the Secretary certifies to Congress that the National Highway Traffic Safety Administration has issued the final rule required by section 31203(b) of the Moving Ahead for Progress In the 21st Century Act (Public Law 112141; 126 Stat. 758; 49 U.S.C. 30165 note) [Mar. 17, 2016]. “(c) Publication of Effective Date.—The Secretary shall publish notice of the effective date under subsection (b) of this section in the Federal Register [81 F.R. 15413].”
Effective Date of 2012 AmendmentPub. L. 112141, div. C, title I, § 31203(c), July 6, 2012, 126 Stat. 758, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is the earlier of the date on which final regulations are issued under subsection (b) [set out as a note below] or 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways].” Amendment by sections 31304(b) and 32301(c) of Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
Civil Penalty CriteriaPub. L. 112141, div. C, title I, § 31203(b), July 6, 2012, 126 Stat. 758, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall issue a final rule, in accordance with the procedures of section 553 of title 5, United States Code, which provides an interpretation of the penalty factors described in section 30165(c) of title 49, United States Code.”
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# 49 U.S.C. § 30167 - Disclosure of information by the Secretary of Transportation
## Text
(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 3011830121 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 Manufacturers 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 manufacturers cost and the cost to retail purchasers, that allows the public and the Secretary to evaluate the manufacturers 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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 970.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30167(a)15:1397(a)(1)(B) (related to 15:1401(e) (1st sentence)), (D) (related to 15:1418(a)(2)(B)), (E) (related to 15:1401(e) (1st sentence)).Sept. 9, 1966, Pub. L. 89563, § 108(a)(1)(B) (related to § 112(e)), (D) (related to § 158(a)(2)), (E) (related to § 112(e)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93492, § 103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. 15:1401(e) (1st sentence).Sept. 9, 1966, Pub. L. 89563, § 112(e), 80 Stat. 725; Oct. 27, 1974, Pub. L. 93492, § 104(b), 88 Stat. 1480. 15:1402(b)(2) (1st sentence).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 113; added Oct. 27, 1974, Pub. L. 93492, § 105, 88 Stat. 1480. 15:1418(a)(2)(B).Sept. 9, 1966, Pub. L. 89563, 80 Stat. 718, § 158(a)(2); added Oct. 27, 1974, Pub. L. 93492, § 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.
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# 49 U.S.C. § 30168 - Repealed. Pub. L. 112141, div. C, title I, § 31204(b)(2)(B), July 6, 2012, 126 Stat. 760]
## Notes
Section, Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 971; Pub. L. 104287, § 5(58), Oct. 11, 1996, 110 Stat. 3394, related to research, testing, development, and training.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30169 - Annual reports
## Text
(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.
(Pub. L. 103272, § 1(e), July 5, 1994, 108 Stat. 972.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 30169(a)15:1408.Sept. 9, 1966, Pub. L. 89563, § 120, 80 Stat. 728; May 22, 1970, Pub. L. 91265, § 5, 84 Stat. 263; Oct. 27, 1974, Pub. L. 93492, § 110(b), 88 Stat. 1484. 30169(b)15:1397 (note).Oct. 31, 1988, Pub. L. 100562, § 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.
Editorial Notes
References in TextSection 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. 100562, which was set out as a note under section 1397 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 103272, § 7(b), July 5, 1994, 108 Stat. 1379.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which the 1st item on page 135 and the 2nd item on page 134 identify reporting provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b) of this section), see section 3003 of Pub. L. 10466, set out as a note under section 1113 of Title 31, Money and Finance.
@@ -0,0 +1,49 @@
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# 49 U.S.C. § 30170 - Criminal Penalties
## Text
(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) 11 See References in Text note below. 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.
(Added Pub. L. 106414, § 5(b)(1), Nov. 1, 2000, 114 Stat. 1803.)
## Notes
Editorial Notes
References in TextSection 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107307, § 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. 106414, which was approved Nov. 1, 2000.
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# 49 U.S.C. § 30171 - Protection of employees providing motor vehicle safety information
## Text
(a) Discrimination Against Employees of Manufacturers, Part Suppliers, and Dealerships.— No motor vehicle manufacturer, part supplier, or dealership may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)—
(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or the Secretary of Transportation information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter;
(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter;
(3) testified or is about to testify in such a proceeding;
(4) assisted or participated or is about to assist or participate in such a proceeding; or
(5) objected to, or refused to participate in, any activity that the employee reasonably believed to be in violation of any provision of chapter 301 of this title, or any order, rule, regulation, standard, or ban under such provision.
(b) Complaint Procedure.— (1) Filing and notification.— A person who believes that he or she has been discharged or otherwise discriminated against by any person in violation of subsection (a) may file (or have any person file on his or her behalf), not later than 180 days after the date on which such violation occurs, a complaint with the Secretary of Labor (hereinafter in this section referred to as the “Secretary”) alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify, in writing, the person named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such person under paragraph (2).
(2) Investigation; preliminary order.— (A) In general.— Not later than 60 days after the date of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, the complainant and the person alleged to have committed a violation of subsection (a) of the Secretarys findings. If the Secretary concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretarys findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Not later than 30 days after the date of notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review.
(B) Requirements.— (i) Required showing by complainant.— The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under subparagraph (A) unless the complainant makes a prima facie showing that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
(ii) Showing by employer.— Notwithstanding a finding by the Secretary that the complainant has made the showing required under clause (i), no investigation otherwise required under subparagraph (A) shall be conducted if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
(iii) Criteria for determination by secretary.— The Secretary may determine that a violation of subsection (a) has occurred only if the complainant demonstrates that any behavior described in paragraphs (1) through (5) of subsection (a) was a contributing factor in the unfavorable personnel action alleged in the complaint.
(iv) Prohibition.— Relief may not be ordered under subparagraph (A) if the employer demonstrates, by clear and convincing evidence, that the employer would have taken the same unfavorable personnel action in the absence of that behavior.
(3) Final order.— (A) Deadline for issuance; settlement agreements.— Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation.
(B) Remedy.— If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall order the person who committed such violation—
(i) to take affirmative action to abate the violation;
(ii) to reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
(iii) to provide compensatory damages to the complainant.
(C) Attorneys fees.— If such an order is issued under this paragraph, the Secretary, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, bringing the complaint upon which the order was issued.
(D) Frivolous complaints.— If the Secretary determines that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary may award to the prevailing employer a reasonable attorneys fee not exceeding $1,000.
(E) De novo review.— With respect to a complaint under paragraph (1), if the Secretary has not issued a final decision within 210 days after the filing of the complaint and if the delay is not due to the bad faith of the employee, the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action shall, at the request of either party to the action, be tried by the court with a jury. The action shall be governed by the same legal burdens of proof specified in paragraph (2)(B) for review by the Secretary.
(4) Review.— (A) Appeal to court of appeals.— Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review shall be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order.
(B) Limitation on collateral attack.— An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding.
(5) Enforcement of order by secretary.— Whenever any person fails to comply with an order issued under paragraph (3), the Secretary may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief, including injunctive relief and compensatory damages.
(6) Enforcement of order by parties.— (A) Commencement of action.— A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order.
(B) Attorney fees.— The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate.
(c) Mandamus.— Any nondiscretionary duty imposed under this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28.
(d) Nonapplicability To Deliberate Violations.— Subsection (a) shall not apply with respect to an employee of a motor vehicle manufacturer, part supplier, or dealership who, acting without direction from such motor vehicle manufacturer, part supplier, or dealership (or such persons agent), deliberately causes a violation of any requirement relating to motor vehicle safety under this chapter.
(Added Pub. L. 112141, div. C, title I, § 31307(a), July 6, 2012, 126 Stat. 765.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30172 - Whistleblower incentives and protections
## Text
(a) Definitions.— In this section:
(1) Covered action.— The term “covered action” means any administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results in monetary sanctions exceeding $1,000,000.
(2) Monetary sanctions.— The term “monetary sanctions” means monies, including penalties and interest, ordered or agreed to be paid.
(3) Original information.— The term “original information” means information that—
(A) is derived from the independent knowledge or analysis of an individual;
(B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and
(C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information.
(4) Part supplier.— The term “part supplier” means a manufacturer of motor vehicle equipment.
(5) Successful resolution.— The term “successful resolution”, with respect to a covered action, includes any settlement or adjudication of the covered action.
(6) Whistleblower.— The term “whistleblower” means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter, which is likely to cause unreasonable risk of death or serious physical injury.
(b) Awards.— (1) In general.— If the original information that a whistleblower provided to the Secretary leads to the successful resolution of a covered action, the Secretary, subject to subsection (c), may pay an award or awards to one or more whistleblowers in an aggregate amount of—
(A) not less than 10 percent, in total, of collected monetary sanctions; and
(B) not more than 30 percent, in total, of collected monetary sanctions.
(2) Payment of awards.— Any amount payable under paragraph (1) shall be paid from the monetary sanctions collected, and any monetary sanctions so collected shall be available for such payment.
(c) Determination of Awards; Denial of Awards.— (1) Determination of awards.— (A) Discretion.— The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Secretary subject to the provisions in subsection (b)(1).
(B) Criteria.— In determining an award made under subsection (b), the Secretary shall take into consideration—
(i) if appropriate, whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership;
(ii) the significance of the original information provided by the whistleblower to the successful resolution of the covered action;
(iii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action; and
(iv) such additional factors as the Secretary considers relevant.
(2) Denial of awards.— No award under subsection (b) shall be made—
(A) to any whistleblower who is convicted of a criminal violation related to the covered action for which the whistleblower otherwise could receive an award under this section;
(B) to any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of this chapter;
(C) to any whistleblower who submits information to the Secretary that is based on the facts underlying the covered action submitted previously by another whistleblower;
(D) to any whistleblower who fails to provide the original information to the Secretary in such form as the Secretary may require by regulation; or
(E) if the applicable motor vehicle manufacturer, parts supplier, or dealership has an internal reporting mechanism in place to protect employees from retaliation, to any whistleblower who fails to report or attempt to report the information internally through such mechanism, unless—
(i) the whistleblower reasonably believed that such an internal report would have resulted in retaliation, notwithstanding section 30171(a);
(ii) the whistleblower reasonably believed that the information—
(I) was already internally reported;
(II) was already subject to or part of an internal inquiry or investigation; or
(III) was otherwise already known to the motor vehicle manufacturer, part supplier, or dealership; or
(iii) the Secretary has good cause to waive this requirement.
(d) Representation.— A whistleblower may be represented by counsel.
(e) No Contract Necessary.— No contract with the Secretary is necessary for any whistleblower to receive an award under subsection (b).
(f) Protection of Whistleblowers; Confidentiality.— (1) In general.— Notwithstanding section 30167, and except as provided in paragraphs (4) and (5) of this subsection, the Secretary, and any officer or employee of the Department of Transportation, shall not disclose any information, including information provided by a whistleblower to the Secretary, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, unless—
(A) required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Secretary or any entity described in paragraph (5);
(B) the whistleblower provides prior written consent for the information to be disclosed; or
(C) the Secretary, or other officer or employee of the Department of Transportation, receives the information through another source, such as during an inspection or investigation under section 30166, and has authority under other law to release the information.
(2) Redaction.— The Secretary, and any officer or employee of the Department of Transportation, shall take reasonable measures to not reveal the identity of the whistleblower when disclosing any information under paragraph (1).
(3) Section 552(b)(3)(b).— For purposes of section 552 of title 5, paragraph (1) of this subsection shall be considered a statute described in subsection (b)(3)(B) of that section.
(4) Effect.— Nothing in this subsection is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation.
(5) Availability to government agencies.— (A) In general.— Without the loss of its status as confidential in the hands of the Secretary, all information referred to in paragraph (1) may, in the discretion of the Secretary, when determined by the Secretary to be necessary or appropriate to accomplish the purposes of this chapter and in accordance with subparagraph (B), be made available to the following:
(i) The Department of Justice.
(ii) An appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction.
(B) Maintenance of information.— Each entity described in subparagraph (A) shall maintain information described in that subparagraph as confidential, in accordance with the requirements in paragraph (1).
(g) Provision of False Information.— A whistleblower who knowingly and intentionally makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18.
(h) Appeals.— (1) In general.— Any determination made under this section, including whether, to whom, or in what amount to make an award, shall be in the discretion of the Secretary.
(2) Appeals.— Any determination made by the Secretary under this section may be appealed by a whistleblower to the appropriate court of appeals of the United States not later than 30 days after the determination is issued by the Secretary.
(3) Review.— The court shall review the determination made by the Secretary in accordance with section 706 of title 5.
(i) Regulation.— Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations on the requirements of this section, consistent with this section.
(Added Pub. L. 11494, div. B, title XXIV, § 24352(a), Dec. 4, 2015, 129 Stat. 1716.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsec. (i), is the date of enactment of Pub. L. 11494, which was approved Dec. 4, 2015.
Statutory Notes and Related Subsidiaries
Rule of ConstructionPub. L. 11494, div. B, title XXIV, § 24352(b), Dec. 4, 2015, 129 Stat. 1720, provided that: “(1) Original information.—Information submitted to the Secretary of Transportation by a whistleblower in accordance with the requirements of section 30172 of title 49, United States Code, shall not lose its status as original information solely because the whistleblower submitted the information prior to the effective date of the regulations issued under subsection (i) of that section if that information was submitted after the date of enactment of this Act [Dec. 4, 2015]. “(2) Awards.—A whistleblower may receive an award under section 30172 of title 49, United States Code, regardless of whether the violation underlying the covered action occurred prior to the date of enactment of this Act, and may receive an award prior to the Secretary of Transportation promulgating the regulations under subsection (i) of that section.”
@@ -0,0 +1,41 @@
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# 49 U.S.C. § 30181 - Policy
## Text
The Secretary of Transportation shall conduct research, development, and testing on any area or aspect of motor vehicle safety necessary to carry out this chapter.
(Added Pub. L. 112141, div. C, title I, § 31204(a), July 6, 2012, 126 Stat. 759.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 30182 - Powers and duties
## Text
(a) In General.— The Secretary of Transportation shall—
(1) conduct motor vehicle safety research, development, and testing programs and activities, including activities related to new and emerging technologies that impact or may impact motor vehicle safety;
(2) collect and analyze all types of motor vehicle and highway safety data and related information to determine the relationship between motor vehicle or motor vehicle equipment performance characteristics and—
(A) accidents involving motor vehicles; and
(B) deaths or personal injuries resulting from those accidents.
(b) Activities.— In carrying out a program under this section, the Secretary of Transportation may—
(1) promote, support, and advance the education and training of motor vehicle safety staff of the National Highway Traffic Safety Administration in motor vehicle safety research programs and activities, including using program funds for planning, implementing, conducting, and presenting results of program activities, and for related expenses;
(2) obtain experimental and other motor vehicles and motor vehicle equipment for research or testing;
(3) (A) use any test motor vehicles and motor vehicle equipment suitable for continued use, as determined by the Secretary to assist in carrying out this chapter or any other chapter of this title; or
(B) sell or otherwise dispose of test motor vehicles and motor vehicle equipment and use the resulting proceeds to carry out this chapter;
(4) award grants to States and local governments, interstate authorities, and nonprofit institutions;
(5) enter into cooperative agreements, collaborative research, or contracts with Federal agencies, interstate authorities, State and local governments, other public entities, private organizations and persons, nonprofit institutions, colleges and universities, consumer advocacy groups, corporations, partnerships, sole proprietorships, trade associations, Federal laboratories (including government-owned, government-operated laboratories and government-owned, contractor-operated laboratories), and research organizations; and
(6) in coordination with Department 11 So in original. Probably should be preceded by “the”. of State, enter into cooperative agreements and collaborative research and development agreements with foreign governments.
(c) Use of Public Agencies.— In carrying out this subchapter, the Secretary shall avoid duplication by using the services, research, and testing facilities of public agencies, as appropriate.
(d) Facilities.— The Secretary may plan, design, and construct 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 $1,500,000 for planning, design, or construction may be made only if 60 days prior notice of the planning, design, or construction is provided to the Committees on Science, Space, and Technology 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. The notice shall include—
(1) a brief description of the facility being planned, designed, or constructed;
(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.
(e) Increasing Costs of Approved Facilities.— The estimated maximum cost of a facility noticed under subsection (d) may be increased by an amount equal to the percentage increase in construction costs from the date the notice 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 notice. The Secretary shall decide what increase in construction costs has occurred.
(f) 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. The owner of a background patent may not be deprived of a right under the patent.
(Added Pub. L. 112141, div. C, title I, § 31204(a), July 6, 2012, 126 Stat. 759; amended Pub. L. 11494, div. B, title XXIV, § 24202(a), Dec. 4, 2015, 129 Stat. 1711.)
## Notes
Editorial Notes
Amendments2015—Subsec. (b)(6). Pub. L. 11494 added par. (6).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "49 U.S.C. § 30183"
description: "Prohibition on certain disclosures"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "301"
chapter_name: "MOTOR VEHICLE SAFETY"
section: "30183"
citation: "49 U.S.C. § 30183"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s30183"
source_file: "data/legal/raw/us/code/title-49/usc49.xml"
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text_hash: "f2bdae87a2fa3e478e94afb700b8547814be1abb331bd5ad0142a4b90860bdad"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 30183 - Prohibition on certain disclosures
## Text
Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or section 403 of title 23, may be made available to the public only in a manner that does not identify individuals.
(Added Pub. L. 112141, div. C, title I, § 31204(a), July 6, 2012, 126 Stat. 760.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.