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TITLE
49, UNITED STATES CODE
CHAPTER
301 MOTOR VEHICLE SAFETY
- SUBCHAPTER
I GENERAL
- Sec.
30101. Purpose and policy.
- Sec.
30102. Definitions.
- Sec.
30103. Relationship to other laws.
- Sec.
30104. Authorization of appropriations.
- SUBCHAPTER
II STANDARDS AND COMPLIANCE
- Sec.
30111. Standards.
- Sec.
30112. Prohibitions on manufacturing, selling,
and importing noncomplying motor vehicles and
equipment.
- Sec.
30113. General exemptions.
- Sec.
30114. Special exemptions.
- Sec.
30115. Certification of compliance.
- Sec.
30116. Defects and noncompliance found before
sale to purchaser.
- Sec.
30117. Providing information to, and maintaining
records on, purchasers.
- Sec.
30118. Notification of defects and noncompliance.
- Sec.
30119. Notification procedures.
- Sec.
30120. Remedies for defects and noncompliance.
- Sec.
30121. Provisional notification and civil
actions to enforce.
- Sec.
30122. Making safety devices and elements
inoperative.
- Sec.
30123. Tires.
- Sec.
30124. Buzzers indicating nonuse of safety
belts.
- Sec.
30125. Schoolbuses and schoolbus equipment.
- Sec.
30126. Used motor vehicles.
- Sec.
30127. Automatic occupant crash protection
and seat belt use.
- SUBCHAPTER
III IMPORTING NONCOMPLYING MOTOR VEHICLES AND
EQUIPMENT
- Sec.
30141. Importing motor vehicles capable of
complying with standards.
- Sec.
30142. Importing motor vehicles for personal
use.
- Sec.
30143. Motor vehicles imported by individuals
employed outside the United States.
- Sec.
30144. Importing motor vehicles on a temporary
basis.
- Sec.
30145. Importing motor vehicles or equipment
requiring further manufacturing.
- Sec.
30146. Release of motor vehicles and bonds.
- Sec.
30147. Responsibility for defects and noncompliance.
- SUBCHAPTER
IV ENFORCEMENT AND ADMINISTRATIVE
- Sec.
30161. Judicial review of standards.
- Sec.
30162. Petitions by interested persons for
standards and enforcement.
- Sec.
30163. Actions by the Attorney General.
- Sec.
30164. Service of process.
- Sec.
30165. Civil penalty.
- Sec.
30166. Inspections, investigations, and records.
- Sec.
30167. Disclosure of information by the Secretary
of Transportation.
- Sec.
30168. Research, testing, development, and
training.
- Sec.
30169. Annual reports.
SUBCHAPTER
I GENERAL
- Sec.
30101. Purpose and policy
- The
purpose of this chapter is to reduce traffic accidents
and deaths and injuries resulting from traffic
accidents. Therefore it is necessary
- to
prescribe motor vehicle safety standards for
motor vehicles and motor vehicle equipment
in interstate commerce; and
- to
carry out needed safety research and development.
- Sec.
30102. Definitions
- GENERAL
DEFINITIONS In this chapter
- "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.
- "defect"
includes any defect in performance, construction,
a component, or material of a motor vehicle
or motor vehicle equipment.
- "distributor"
means a person primarily selling and distributing
motor vehicles or motor vehicle equipment
for resale.
- "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.
- "manufacturer"
means a person
- manufacturing
or assembling motor vehicles or motor
vehicle equipment; or
- importing
motor vehicles or motor vehicle equipment
for resale.
- "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.
- "motor
vehicle equipment" means
- any
system, part, or component of a motor
vehicle as originally manufactured;
- 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
- 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.
- "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.
- "motor
vehicle safety standard" means a minimum
standard for motor vehicle or motor vehicle
equipment performance.
- "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.
- "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.
- LIMITED
DEFINITIONS
- In
sections 30117(b), 30118-30121, and 30166(f)
of this title
- "adequate
repair" does not include repair resulting
in substantially impaired operation
of a motor vehicle or motor vehicle
equipment;
- "first
purchaser" means the first purchaser
of a motor vehicle or motor vehicle
equipment other than for resale;
- "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;
- "replacement
equipment" means motor vehicle equipment
(including a tire) that is not original
equipment;
- 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;
- 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;
- 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
- a
retreader of a tire is deemed to be
the manufacturer of the tire.
- The
Secretary of Transportation may prescribe
regulations changing paragraph (1)(C),
(D), (F), or (G) of this subsection.
- Sec.
30103. Relationship to other laws
-
- UNIFORMITY
OF REGULATIONS The Secretary of Transportation
may not prescribe a safety regulation related
to a motor vehicle subject to subchapter II
of chapter 105 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 II of chapter
105, 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.
- PREEMPTION
- 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.
- A
State may enforce a standard that is identical
to a standard prescribed under this chapter.
- ANTITRUST
LAWS This chapter does not
- exempt
from the antitrust laws conduct that is
unlawful under those laws; or
- prohibit
under the antitrust laws conduct that
is lawful under those laws.
- WARRANTY
OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND
REMEDIES Sections 30117(b), 30118-30121,
30166(f), and 30167(a) and (b) of this title
do not establish or affect a warranty obligation
under a law of the United States or a State.
A remedy under those sections and sections
30161 and 30162 of this title is in addition
to other rights and remedies under other laws
of the United States or a State.
- COMMON
LAW LIABILITY Compliance with a motor
vehicle safety standard prescribed under this
chapter does not exempt a person from liability
at common law.
- Sec.
30104. Authorization of appropriations
- The
following amounts may be appropriated to the Secretary
of Transportation for the National Highway Traffic
Safety Administration to carry out this chapter:
- $71,333,436
for the fiscal year ending September 30, 1993.
- $74,044,106
for the fiscal year ending September 30, 1994.
- $76,857,782
for the fiscal year ending September 30, 1995.
-
- SUBCHAPTER
II STANDARDS AND COMPLIANCE
- Sec.
30111. Standards
-
- GENERAL
REQUIREMENTS The Secretary of Transportation
shall prescribe motor vehicle safety standards.
Each standard shall be practicable, meet the
need for motor vehicle safety, and be stated
in objective terms.
- CONSIDERATIONS
AND CONSULTATION When prescribing a motor
vehicle safety standard under this chapter,
the Secretary shall
- consider
relevant available motor vehicle safety
information;
- consult
with the agency established under the
Act of August 20, 1958 (Public Law 85-684,
72 Stat. 635), and other appropriate State
or interstate authorities (including legislative
committees);
- consider
whether a proposed standard is reasonable,
practicable, and appropriate for the particular
type of motor vehicle or motor vehicle
equipment for which it is prescribed;
and
- consider
the extent to which the standard will
carry out section 30101 of this title.
- COOPERATION
The Secretary may advise, assist, and
cooperate with departments, agencies, and
instrumentalities of the United States Government,
States, and other public and private agencies
in developing motor vehicle safety standards.
- EFFECTIVE
DATES OF STANDARDS The Secretary shall
specify the effective date of a motor vehicle
safety standard prescribed under this chapter
in the order prescribing the standard. A standard
may not become effective before the 180th
day after the standard is prescribed or later
than one year after it is prescribed. However,
the Secretary may prescribe a different effective
date after finding, for good cause shown,
that a different effective date is in the
public interest and publishing the reasons
for the finding.
- 5-YEAR
PLAN FOR TESTING STANDARDS The Secretary shall
establish and periodically review and update
on a continuing basis a 5-year plan for testing
motor vehicle safety standards prescribed
under this chapter that the Secretary considers
capable of being tested. In developing the
plan and establishing testing priorities,
the Secretary shall consider factors the Secretary
considers appropriate, consistent with section
30101 of this title and the Secretary's other
duties and powers under this chapter. The
Secretary may change at any time those priorities
to address matters the Secretary considers
of greater priority. The initial plan may
be the 5-year plan for compliance testing
in effect on December 18, 1991.
- Sec.
30112. Prohibitions on manufacturing, selling,
and importing noncomplying motor vehicles and
equipment
-
- GENERAL
Except as provided in this section, sections
30113 and 30114 of this title, and subchapter
III of this chapter, a person may not manufacture
for sale, sell, offer for sale, introduce
or deliver for introduction in interstate
commerce, or import into the United States,
any motor vehicle or motor vehicle equipment
manufactured on or after the date an applicable
motor vehicle safety standard prescribed under
this chapter takes effect unless the vehicle
or equipment complies with the standard and
is covered by a certification issued under
section 30115 of this title.
- NONAPPLICATION
This section does not apply to
- 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;
- a
person
- establishing
that the person had no reason to know,
despite exercising reasonable care,
that a motor vehicle or motor vehicle
equipment does not comply with applicable
motor vehicle safety standards prescribed
under this chapter; or
- 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;
- 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;
- 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;
- a
motor vehicle imported for personal use
by an individual who receives an exemption
under section 30142 of this title;
- a
motor vehicle under section 30143 of this
title imported by an individual employed
outside the United States;
- a
motor vehicle under section 30144 of this
title imported on a temporary basis;
- a
motor vehicle or item of motor vehicle
equipment under section 30145 of this
title requiring further manufacturing;
or
- a
motor vehicle that is at least 25 years
old.
- Sec.
30113. General exemptions
-
- 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.
- AUTHORITY
TO EXEMPT AND PROCEDURES
- The
Secretary of Transportation may exempt,
on a temporary basis, motor vehicles from
a motor vehicle safety standard prescribed
under this chapter 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.
- 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.
- The
Secretary may act under this subsection
on finding that
- an
exemption is consistent with the public
interest and this chapter; and
-
- compliance
with the standard would cause
substantial economic hardship
to a manufacturer that has tried
to comply with the standard in
good faith;
- 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;
- 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
- 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.
- CONTENTS
OF APPLICATIONS A manufacturer applying
for an exemption under subsection (b) of this
section shall include the following information
in the application:
- if
the application is made under subsection
(b)(3)(B)(I) of this section, a complete
financial statement describing the economic
hardship and a complete description of
the manufacturer's good faith effort to
comply with each motor vehicle safety
standard prescribed under this chapter
from which the manufacturer is requesting
an exemption.
- 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.
- 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.
- 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.
- ELIGIBILITY
A manufacturer is eligible for an exemption
under subsection (b)(3)(B)(I) of this section
only if the Secretary determines that the
manufacturer's total motor vehicle production
in the most recent year of production is not
more than 10,000. A manufacturer is eligible
for an exemption under subsection (b)(3)(B)(ii),
(iii), or (iv) of this section only if the
Secretary determines the exemption is for
not more than 2,500 vehicles to be sold in
the United States in any 12-month period.
- 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.
- 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.
- 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.
- 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 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.
- Sec.
30114. Special exemptions
- 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, or competitive racing
events.
- Sec.
30115. Certification of compliance
- 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.
- Sec.
30116. Defects and noncompliance found before
sale to purchaser
-
- 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
- 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
- if
a vehicle, the manufacturer or distributor
immediately shall give to the distributor
or dealer at the manufacturer's or distributor's
own expense, the part or equipment needed
to make the vehicle comply with the standards
or correct the defect.
- DISTRIBUTOR
OR DEALER INSTALLATION The distributor
or dealer shall install the part or equipment
referred to in subsection (a)(2) of this section.
If the distributor or dealer installs the
part or equipment with reasonable diligence
after it is received, the manufacturer shall
reimburse the distributor or dealer for the
reasonable value of the installation and a
reasonable reimbursement of at least one percent
a month of the manufacturer's or distributor's
selling price prorated from the date of notice
of noncompliance or defect to the date the
motor vehicle complies with applicable motor
vehicle safety standards prescribed under
this chapter or the defect is corrected.
- ESTABLISHING
AMOUNT DUE AND CIVIL ACTIONS. The parties
shall establish the value of installation
and the amount of reimbursement under this
section. If the parties do not agree, or if
a manufacturer or distributor refuses to comply
with subsection (a) or (b) of this section,
the distributor or dealer purchasing the motor
vehicle or motor vehicle equipment may bring
a civil action. The action may be brought
in a United States district court for the
judicial district in which the manufacturer
or distributor resides, is found, or has an
agent, to recover damages, court costs, and
a reasonable attorney's fee. An action under
this section must be brought not later than
3 years after the claim accrues.
- Sec.
30117. Providing information to, and maintaining
records on, purchasers
-
- 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:
- 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.
- 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.
- MAINTAINING
PURCHASER RECORDS AND PROCEDURES
- A
manufacturer of a motor vehicle or tire
(except a retreaded tire) shall cause
to be maintained a record of the name
and address of the first purchaser of
each vehicle or tire it produces and,
to the extent prescribed by regulations
of the Secretary, shall cause to be maintained
a record of the name and address of the
first purchaser of replacement equipment
(except a tire) that the manufacturer
produces. The Secretary may prescribe
by regulation the records to be maintained
and reasonable procedures for maintaining
the records under this subsection, including
procedures to be followed by distributors
and dealers to assist the manufacturer
in obtaining the information required
by this subsection. A procedure shall
be reasonable for the type of vehicle
or tire involved, and shall provide reasonable
assurance that a customer list of a distributor
or dealer, or similar information, will
be made available to a person (except
the distributor or dealer) only when necessary
to carry out this subsection and sections
30118-30121, 30166(f), and 30167(a) and
(b) of this title. Availability of assistance
from a distributor or dealer does not
affect an obligation of a manufacturer
under this subsection.
-
- 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.
- 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.
-
- The
Secretary shall evaluate from time
to time how successful the procedures
under paragraph (2) of this subsection
have been in helping to maintain records
about first purchasers of tires. After
each evaluation, the Secretary shall
decide
- the
extent to which distributors and
dealers have complied with the
procedures;
- the
extent to which distributors and
dealers have encouraged first
purchasers of tires to register
the tires; and
- whether
to prescribe for manufacturers,
distributors, or dealers other
requirements that the Secretary
decides will increase significantly
the percentage of first purchasers
of tires about whom records are
maintained.
- The
Secretary may prescribe a requirement
under subparagraph (A) of this paragraph
only if the Secretary decides it is
necessary to reduce the risk to motor
vehicle safety, after considering
- the
cost of the requirement to manufacturers
and the burden of the requirement
on distributors and dealers, compared
to the increase in the percentage
of first purchasers of tires about
whom records would be maintained
as a result of the requirement;
- the
extent to which distributors and
dealers have complied with the
procedures in paragraph (2) of
this subsection; and
- the
extent to which distributors and
dealers have encouraged first
purchasers of tires to register
the tires.
- A
manufacturer of tires shall reimburse
distributors and dealers of that manufacturer's
tires for all reasonable costs incurred
by the distributors and dealers in
complying with a requirement prescribed
by the Secretary under subparagraph
(A) of this paragraph.
- After
making a decision under subparagraph
(A) of this paragraph, the Secretary
shall submit to each House of Congress
a report containing a detailed statement
of the decision and an explanation
of the reasons for the decision.
- Sec.
30118. Notification of defects and noncompliance
-
- 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.
- DEFECT
AND NONCOMPLIANCE PROCEEDINGS AND ORDERS
- 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
- 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
- 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
- remedy
the defect or noncompliance under
section 30120 of this title.
- NOTIFICATION
BY MANUFACTURER A manufacturer of a motor
vehicle or replacement equipment shall notify
the Secretary by certified mail, and the owners,
purchasers, and dealers of the vehicle or
equipment as provided in section 30119(d)
of this section, if the manufacturer
- learns
the vehicle or equipment contains a defect
and decides in good faith that the defect
is related to motor vehicle safety; or
- decides
in good faith that the vehicle or equipment
does not comply with an applicable motor
vehicle safety standard prescribed under
this chapter.
- 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.
- 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.
- Sec.
30119. Notification procedures
-
- CONTENTS
OF NOTIFICATION Notification by a manufacturer
required under section 3()118 of this title
of a defect or noncompliance shall contain
- a
clear description of the defect or noncompliance;
- an
evaluation of the risk to motor vehicle
safety reasonably related to the defect
or noncompliance;
- the
measures to be taken to obtain a remedy
of the defect or noncompliance;
- a
statement that the manufacturer giving
notice will remedy the defect or noncompliance
without charge under section 30120 of
this title;
- 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;
- 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
- other
information the Secretary prescribes by
regulation.
- 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.
- TIME
FOR NOTIFICATION Notification required
under section 30118 of this title shall be
given within a reasonable time
- prescribed
by the Secretary, after the manufacturer
receives notice of a final decision under
section 30118(b) of this title; or
- after
the manufacturer first decides that a
safety-related defect or noncompliance
exists under section 30118(c) of this
title.
- MEANS
OF PROVIDING NOTIFICATION
- Notification
required under section 30118 of this title
about a motor vehicle shall be sent by
first class mail
- 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
- if
a registered owner is not notified
under clause (A) of this paragraph,
to the most recent purchaser known
to the manufacturer.
- Notification
required under section 30118 of this title
about replacement equipment (except a
tire) shall be sent by first class mail
to the most recent purchaser known to
the manufacturer. In addition, if the
Secretary decides that public notice is
required for motor vehicle safety, public
notice shall be given in the way required
by the Secretary after consulting with
the manufacturer.
- Notification
required under section 30118 of this title
about a tire shall be sent by first class
mail (or, if the manufacturer prefers,
by certified mail) to the most recent
purchaser known to the manufacturer. In
addition, if the Secretary decides that
public notice is required for motor vehicle
safety, public notice shall be given in
the way required by the Secretary after
consulting with the manufacturer. In deciding
whether public notice is required, the
Secretary shall consider
- the
magnitude of the risk to motor vehicle
safety caused by the defect or noncompliance;
and
- the
cost of public notice compared to
the additional number of owners the
notice may reach.
- A
dealer to whom a motor vehicle or replacement
equipment was delivered shall be notified
by certified mail or quicker means if
available.
- 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 second notification in the way the
Secretary prescribes by regulation.
- NOTIFICATION
BY LESSOR TO LESSEE
- 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.
- 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.
- Sec.
30120. Remedies for defects and noncompliance
-
- WAYS
TO REMEDY
- Subject
to subsections (f) and (g) of this section,
when notification of a defect or noncompliance
is required under section 30118(b) or
(c) of this title, the manufacturer of
the defective or noncomplying motor vehicle
or replacement equipment shall remedy
the defect or noncompliance without charge
when the vehicle or equipment is presented
for remedy. Subject to subsections (b)
and (c) of this section, the manufacturer
shall remedy the defect or noncompliance
in any of the following ways the manufacturer
chooses:
- if
a vehicle
- by
repairing the vehicle;
- by
replacing the vehicle with an
identical or reasonably equivalent
vehicle; or
- by
refunding the purchase price,
less a reasonable allowance for
depreciation.
- if
replacement equipment, by repairing
the equipment or replacing the equipment
with identical or reasonably equivalent
equipment.
- The
Secretary of Transportation may prescribe
regulations to allow the manufacturer
to impose conditions on the replacement
of a motor vehicle or refund of its price.
- TIRE
REMEDIES
- A
manufacturer of a tire, including an original
equipment tire, shall remedy a defective
or noncomplying tire if the owner or purchaser
presents the tire for remedy not later
than 60 days after the later of
- the
day the owner or purchaser receives
notification under section 30119 of
this title; or
- if
the manufacturer decides to replace
the tire, the day the owner or purchaser
receives notification that a replacement
is available.
- If
the manufacturer decides to replace the
tire and the replacement is not available
during the 60-day period, the owner or
purchaser must present the tire for remedy
during a subsequent 60-day period that
begins only after the owner or purchaser
receives notification that a replacement
will be available during the subsequent
period. If tires are available during
the subsequent period, only a tire presented
for remedy during that period must be
remedied.
- ADEQUACY
OF REPAIRS
- If
a manufacturer decides to repair a defective
or noncomplying motor vehicle or replacement
equipment and the repair is not done adequately
within a reasonable time, the manufacturer
shall
- replace
the vehicle or equipment without charge
with an identical or reasonably equivalent
vehicle or equipment; or
- for
a vehicle, refund the purchase price,
less a reasonable allowance for depreciation.
- Failure
to repair a motor vehicle or replacement
equipment adequately not later than 60
days after its presentation is prima facie
evidence of failure to repair within a
reasonable time. However, the Secretary
may extend, by order, the 60-day period
if good cause for an extension is shown
and the reason is published in the Federal
Register before the period ends. Presentation
of a vehicle or equipment for repair before
the date specified by a manufacturer in
a notice under section 30119(a)(5) or
30121(c)(2) of this title is not a presentation
under this subsection.
- FILING
MANUFACTURER'S REMEDY PROGRAM A manufacturer
shall file with the Secretary a copy of the
manufacturer's program under this section
for remedying a defect or noncompliance. The
Secretary shall make the program available
to the public and publish a notice of availability
in the Federal Register.
- HEARINGS
ABOUT MEETING REMEDY REQUIREMENTS On the
motion of the Secretary or on application
by any interested person, the Secretary may
conduct a hearing to decide whether the manufacturer
has reasonably met the remedy requirements
under this section. Any interested person
may make written and oral presentations of
information, views, and arguments on whether
the manufacturer has reasonably met the remedy
requirements. If the Secretary decides a manufacturer
has not reasonably met the remedy requirements,
the Secretary shall order the manufacturer
to take specified action to meet those requirements
and may take any other action authorized under
this chapter.
- FAIR
REIMBURSEMENT TO DEALERS A manufacturer
shall pay fair reimbursement to a dealer providing
a remedy without charge under this section.
- NONAPPLICATION
- The
requirement that a remedy be provided
without charge does not apply if the motor
vehicle or replacement equipment was bought
by the first purchaser more than 8 calendar
years, or the tire, including an original
equipment tire, was bought by the first
purchaser more than 3 calendar years,
before notice is given under section 30118(c)
of this title or an order is issued under
section 30118(b) of this title, whichever
is earlier.
- This
section does not apply during any period
in which enforcement of an order under
section 30118(b) of this title is restrained
or the order is set aside in a civil action
to which section 30121(d) of this title
applies.
- 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.
- LIMITATION
ON SALE OR LEASE
- If
notification is required by an order under
section 30118(b) of this title or is required
under section 30118(c) of this title and
the manufacturer has provided to a dealer
notification about a new motor vehicle
or new item of replacement equipment in
the dealer's possession at the time of
notification that contains a defect related
to motor vehicle safety or does not comply
with an applicable motor vehicle safety
standard prescribed under this chapter,
the dealer may sell or lease the motor
vehicle or item of replacement equipment
only if
- the
defect or noncompliance is remedied
as required by this section before
delivery under the sale or lease;
or
- when
the notification is required by an
order under section 30118(b) of this
title, enforcement of the order is
restrained or the order is set aside
in a civil action to which section
30121(d) of this title applies.
- This
subsection does not prohibit a dealer
from offering for sale or lease the vehicle
or equipment.
- Sec.
30121. Provisional notification and civil
actions to enforce
-
- PROVISIONAL
NOTIFICATION
- 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
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;
- a
clear description of the Secretary's
stated basis for the decision;
- the
Secretary's evaluation of the risk
to motor vehicle safety reasonably
related to the defect or noncompliance;
- measures
the Secretary considers necessary
to avoid an unreasonable risk to motor
vehicle safety resulting from the
defect or noncompliance;
- 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
- other
information the Secretary prescribes
by regulation or includes in the order
requiring the notice.
- 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.
- CIVIL
ACTIONS FOR NOT NOTIFYING
- 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.
- 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.
- 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
- 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;
- 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
- 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.
- 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.
- Sec.
30122. Making safety devices and elements
inoperative
-
- 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.
- PROHIBITION
A manufacturer, distributor, dealer, or
motor vehicle repair business may not knowingly
make inoperative any part of a device or element
of design installed on or in a motor vehicle
or motor vehicle equipment in compliance with
an applicable motor vehicle safety standard
prescribed under this chapter unless the manufacturer,
distributor, dealer, or repair business reasonably
believes the vehicle or equipment will not
be used (except for testing or a similar purpose
during maintenance or repair) when the device
or element is inoperative.
- REGULATIONS
The Secretary of Transportation may prescribe
regulations
- 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
- to
define "make inoperative".
- NONAPPLICATION.
This section does not apply to a safety belt
interlock or buzzer designed to indicate a
safety belt is not in use as described in
section 30124 of this title.
- Sec.
30123. Tires
-
- LABELING
REQUIREMENT The Secretary of Transportation
shall require that a pneumatic tire subject
to a motor vehicle safety standard prescribed
under this chapter be labeled permanently
and conspicuously with safety information
the Secretary decides is necessary to carry
out section 30101 of this title.
- CONTENTS
OF LABEL Labeling required on a tire under
subsection (a) of this section shall include
-
- identification
of the manufacturer;
- for
a retreaded tire, identification of
the retreader; or
- for
a tire containing a brand name (other
than the name of the manufacturer),
a code mark allowing a seller to identify
the manufacturer to the purchaser;
- the
composition of material used in the ply
of the tire;
- the
number of plies in the tire;
- the
maximum allowable load for the tire; and
-
- a
statement that the tire complies with
minimum safe performance standards
prescribed under this chapter; or
- a
mark or symbol the Secretary prescribes
for use by a manufacturer or retreader
complying with those standards.
- ADDITIONAL
INFORMATION The Secretary may require
that additional safety information be disclosed
to a purchaser when a tire is sold.
- REGROOVED
TIRE LIMITATIONS
- In
this subsection, "regrooved tire" means
a tire with a new tread produced by cutting
into the tread of a worn tire.
- 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.
- 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.
- 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.
- Sec.
30124. Buzzers indicating nonuse of safety
belts
- 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.
- Sec.
30125. Schoolbuses and schoolbus equipment
-
- DEFINITIONS
In this section
- "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.
- "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.
- 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
- emergency
exits;
- interior
protection for occupants;
- floor
strength;
- seating
systems;
- crashworthiness
of body and frame (including protection
against rollover hazards);
- vehicle
operating systems;
- windows
and windshields; and
- fuel
systems.
- TEST
DRIVING BY MANUFACTURERS The Secretary
may require by regulation a schoolbus to be
test-driven by a manufacturer before introduction
in commerce.
- Sec.
30126. Used motor vehicles
- 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.
- Sec.
30127. Automatic occupant crash protection
and seat belt use
-
- DEFINITIONS
In this section
- "bus"
means a motor vehicle with motive power
(except a trailer) designed to carry more
than 10 individuals.
- "multipurpose
passenger vehicle" means a motor vehicle
with motive power (except a trailer),
designed to carry not more than 10 individuals,
that is constructed either on a truck
chassis or with special features for occasional
off-road operation.
- "passenger
car" means a motor vehicle with motive
power (except a multipurpose passenger
vehicle, motorcycle, or trailer) designed
to carry not more than 10 individuals.
- "truck"
means a motor vehicle with motive power
(except a trailer) designed primarily
to transport property or special purpose
equipment.
- INFLATABLE
RESTRAINT REQUIREMENTS
- Not
later than September 1, 1993, the Secretary
of Transportation shall prescribe under
this chapter an amendment to Federal Motor
Vehicle Safety Standard 208 issued under
the National Traffic and Motor Vehicle
Safety Act of 1966. The amendment shall
require that the automatic occupant crash
protection system for both of the front
outboard seating positions for each of
the following vehicles be an inflatable
restraint (with lap and shoulder belts)
complying with the occupant protection
requirements under section 4.1.2.1 of
Standard 208:
- 95
percent of each manufacturer's annual
production of passenger cars manufactured
after August 31, 1996, and before
September 1, 1997.
- 80
percent of each manufacturer's annual
production of buses, multipurpose
passenger vehicles, and trucks (except
walk-in van-type trucks and vehicles
designed to be sold only to the United
States Postal Service) with a gross
vehicle weight rating of not more
than 8,500 pounds and an unloaded
vehicle weight of not more than 5,500
pounds manufactured after August 31,
1997, and before September 1, 1998.
- 100
percent of each manufacturer's annual
production of passenger cars manufactured
after August 31, 1997.
- 100
percent of each manufacturer's annual
production of vehicles described in
clause (B) of this paragraph manufactured
after August 31, 1998.
- Manufacturers
may not use credits and incentives available
before September 1, 1998, under the provisions
of Standard 208 (as amended by this section)
to comply with the requirements of paragraph
(1)(D) of this subsection after August
31, 1998.
- OWNER'S
MANUALS REQUIREMENTS In amending Standard
208, the Secretary of Transportation shall
require, to be effective as soon as possible
after the amendment is prescribed, that owner
manuals for passenger cars, buses, multipurpose
passenger vehicles, and trucks equipped with
an inflatable restraint include a statement
in an easily understandable format stating
that -
- either
or both of the front outboard seating
positions of the vehicle are equipped
with an inflatable restraint referred
to as an "airbag" and a lap and shoulder
belt;
- the
"airbag" is a supplemental restraint and
is not a substitute for lap and shoulder
belts;
- lap
and shoulder belts also must be used correctly
by an occupant in a front outboard seating
position to provide restraint or protection
from frontal crashes as well as other
types of crashes or accidents; and
- occupants
should always wear their lap and shoulder
belts, if available, or other safety belts,
whether or not there is an inflatable
restraint.
- SEAT
BELT USE LAWS Congress finds that it is
in the public interest for each State to adopt
and enforce mandatory seat belt use laws and
for the United States Government to adopt
and enforce mandatory seat belt use regulations.
- TEMPORARY
EXEMPTIONS
- On
application of a manufacturer, the Secretary
of Transportation may exempt, on a temporary
basis, motor vehicles of that manufacturer
from any requirement under subsections
(b) and (c) of this section on terms the
Secretary considers appropriate. An exemption
may be renewed.
- The
Secretary of Transportation may grant
an exemption under paragraph (1) of this
subsection if the Secretary finds that
there has been a disruption in the supply
of any component of an inflatable restraint
or in the use and installation of that
component by the manufacturer because
of an unavoidable event not under the
control of the manufacturer that will
prevent the manufacturer from meeting
its anticipated production volume of vehicles
with those restraints.
- Only
an affected manufacturer may apply for
an exemption. The Secretary of Transportation
shall prescribe in the amendment to Standard
208 required under this section the information
an affected manufacturer must include
in its application under this subsection.
The manufacturer shall specify in the
application the models, lines, and types
of vehicles affected. The Secretary may
consolidate similar applications from
different manufacturers.
- An
exemption or renewal of an exemption is
conditioned on the commitment of the manufacturer
to recall the exempted vehicles for installation
of the omitted inflatable restraints within
a reasonable time that the manufacturer
proposes and the Secretary of Transportation
approves after the components become available
in sufficient quantities to satisfy both
anticipated production and recall volume
requirements.
- The
Secretary of Transportation shall publish
in the Federal Register a notice of each
application under this subsection and
each decision to grant or deny a temporary
exemption and the reasons for the decision.
- The
Secretary of Transportation shall require
a label for each exempted vehicle that
can be removed only after recall and installation
of the required inflatable restraint.
The Secretary shall require that written
notice of the exemption be provided to
the dealer and the first purchaser of
each exempted vehicle other than for resale,
with the notice being provided in a way,
and containing the information, the Secretary
considers appropriate.
- APPLICATION
- This
section revises, but does not replace,
Standard 208 as in effect on December
18, 1991, including the amendment of March
26, 1991 (56 Fed. Reg. 12472), to Standard
208, extending the requirements for automatic
crash protection, with incentives for
more innovative automatic crash protection,
to trucks, buses, and multipurpose passenger
vehicles. This section may not be construed
as
- affecting
another provision of law carried out
by the Secretary of Transportation
applicable to passenger cars, buses,
multipurpose passenger vehicles, or
trucks; or
- establishing
a precedent related to developing
or prescribing a Government motor
vehicle safety standard.
- This
section and amendments to Standard 208
made under this section may not be construed
as indicating an intention by Congress
to affect any liability of a motor vehicle
manufacturer under applicable law related
to vehicles with or without inflatable
restraints.
- REPORT
- On
October 1, 1992, and every 6 months after
that date through October 1, 2000, the
Secretary of Transportation shall submit
reports on the effectiveness of occupant
restraint systems expressed as a percentage
reduction in fatalities or injuries of
restrained occupants compared to unrestrained
occupants for
- a
combination of inflated restraints
and lap and shoulder belts;
- inflated
restraints only; and
- lap
and shoulder belts only.
- In
consultation with the Secretaries of Labor
and Defense, the Secretary of Transportation
also shall provide information and analysis
on lap and shoulder belt use, nationally
and in each State by
- military
personnel;
- Government,
State, and local law enforcement officers;
- other
Government and State employees; and
- the
public.
- AIRBAGS
FOR GOVERNMENT CARS In cooperation with
the Administrator of General Services and
the heads of appropriate departments, agencies,
and instrumentalities of the Government, the
Secretary of Transportation shall establish
a program, consistent with applicable procurement
laws of the Government and available appropriations,
requiring that all passenger cars acquired
- after
September 30, 1994, for use by the Government
be equipped, to the maximum extent practicable,
with driver-side inflatable restraints;
and
- after
September 30, 1996, for use by the Government
be equipped, to the maximum extent practicable,
with inflatable restraints for both front
outboard seating positions.
-
- SUBCHAPTER
III IMPORTING NONCOMPLYING MOTOR VEHICLES AND
EQUIPMENT
- Sec.
30141. Importing motor vehicles capable of
complying with standards
-
- GENERAL
Section 30112(a) of this title does not
apply to a motor vehicle if
- 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
- the
vehicle is
- substantially
similar to a motor vehicle originally
manufactured for import into and
sale in the United States;
- certified
under section 30115 of this title;
- 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
- capable
of being readily altered to comply
with applicable motor vehicle
safety standards prescribed under
this chapter; or
- 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;
- the
vehicle is imported by a registered importer;
and
- 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
- processing
bonds provided to the Secretary of
the Treasury under subsection (d)
of this section; and
- making
the decisions under this subchapter.
- PROCEDURES
ON DECIDING ON MOTOR VEHICLE CAPABILITY
- The
Secretary of Transportation shall establish
by regulation procedures for making a
decision under subsection (a)(l) 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.
- The
Secretary of Transportation shall publish
each year in the Federal Register a list
of all decisions made under subsection
(a)(l) 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.
- REGISTRATION
- 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
- recordkeeping
requirements;
- inspection
of records and facilities related
to motor vehicles the person has imported,
altered, or both; and
- requirements
that ensure that the importer (or
a successor in interest) will be able
technically and financially to carry
out responsibilities under sections
30117(b), 30118-30121, and 30166(f)
of this title.
- The
Secretary of Transportation shall deny
registration to a person whose registration
is revoked under paragraph (4) of this
subsection.
- 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.
- The
Secretary of Transportation shall establish
procedures for
- revoking
or suspending a registration issued
under paragraph (1) of this subsection
for not complying with a requirement
of this subchapter or any of sections
30112, 30115, 30117-30122, 30125(c),
30127, or 30166 of this title or regulations
prescribed under this subchapter or
any of those sections;
- 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
- reinstating
suspended registrations.
- BONDS
- 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
- 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
- will
be exported (at no cost to the United
States Government) by the Secretary
of the Treasury or abandoned to the
Government.
- 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.
- 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
- in
carrying out this section and sections
30146(a)-(c)(1), (d), and (e) and 30147(b)
of this title; and
- 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.
- Sec.
30142. Importing motor vehicles for personal
use
-
- GENERAL
Section 30112(a) of this title does not
apply to an imported motor vehicle if
- 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);
- the
vehicle is imported after January 31,
1990; and
- the
individual takes the actions required
under subsection (b) of this section to
receive an exemption.
- EXEMPTIONS
- To
receive an exemption under subsection
(a) of this section, an individual must
- provide
the Secretary of the Treasury (acting
for the Secretary of Transportation)
with
- an
appropriate bond in an amount
determined under section 30141(d)
of this title;
- 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
- a
certification that the vehicle
meets the requirement of section
30141(a)(1)(A) or (B) of this
title; and
- comply
with appropriate terms the Secretary
of Transportation imposes to ensure
that the vehicle
- will
be brought into compliance with
those standards within a reasonable
time (specified by the Secretary
of Transportation) after the vehicles
Imported; or
- will
be exported (at no cost to the
United States Government) by the
Secretary of the Treasury or abandoned
to the Government.
- 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 (l)(A)(ii)
of this subsection.
- Sec.
30143. Motor vehicles imported by individuals
employed outside the United States
-
- DEFINITION
In this section, "assigned place of employment"
means
- the
principal location at which an individual
is permanently or indefinitely assigned
to work; and
- for
a member of the uniformed services, the
individual's permanent duty station.
- 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
- 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;
- 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;
- who
acquired, or made a binding contract to
acquire, the vehicle before October 31,
1988;
- who
imported the vehicle into the United States
not later than October 31, 1992; and
- who
satisfies section 108(b)(3) of that Act
as in effect on October 30, 1988.
- 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.
- Sec.
30144. Importing motor vehicles on a temporary
basis
-
- 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
-
- 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
Organization Immunities Act (22 U.S.C.
288 et seq.); and
- the
class of individuals for whom the
Secretary of State has authorized
free importation of motor vehicles;
or
- the
armed forces of a foreign country on assignment
in the United States.
- 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
- resides
in the United States; and
- is
a member described under subsection (a)
of this section.
- SALE
IN THE UNITED STATES A motor vehicle imported
under this section may not be sold when in
the United States.
- Sec.
30145. Importing motor vehicles or equipment
requiring further manufacturing.
- 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.
- Sec.
30146. Release of motor vehicles and bonds
-
- COMPLIANCE
CERTIFICATION AND BOND
- 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.
- The
Secretaries of Transportation and the
Treasury shall prescribe regulations
- 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
- 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.
- 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.
- RELIANCE
ON MANUFACTURER'S CERTIFICATION In making
a certification under subsection (a)(l) of
this section, the registered importer may
rely on the manufacturer's certification for
the model to which the motor vehicle involved
is substantially similar if the importer certifies
that any alteration made by the importer did
not affect the compliance of the safety features
of the vehicle and the importer keeps records
verifying the certification for the period
the Secretary of Transportation prescribes.
- EVIDENCE
OF COMPLIANCE
- The
Secretary of Transportation may require
that the certification under subsection
(a)(l) 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
- an
inspection showing the motor vehicle
complies with applicable motor vehicle
safety standards prescribed under
this chapter for which the inspection
was made; and
- release
of the vehicle by the Secretary.
- The
Secretary of Transportation shall inspect
periodically a representative number of
motor vehicles for which certifications
have been filed under subsection (a)(l)
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).
- 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 misrepresentation.
The vehicle and bond may be released only
after the Secretary is satisfied with the
certification and any modification of the
certification.
- 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.
- Sec.
30147. Responsibility for defects and noncompliance
-
- DEEMING
DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES
AND IMPORTER AS MANUFACTURER
- In
carrying out sections 301 17(b), 301 18-30121,
and 30166(f) of this title
- 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 {isle 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
manufacture or importer registered
under section 30141(c) of this title
demonstrates otherwise to the Secretary
of Transportation; and
- 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.
- The
Secretary shall publish in the Federal
Register notice of any defect or noncompliance
under paragraph (1)(A) of this subsection.
- FINANCIAL
RESPONSIBILITY REQUIREMENT The Secretary
shall require by regulation each registered
importer (including any successor in interest)
to provide and maintain evidence, satisfactory
to the Secretary, of sufficient financial
responsibility to meet its obligations under
sections 30117(b), 30118-30121, and 30166(f)
of this title.
-
- SUBCHAPTER
IV ENFORCEMENT AND ADMINISTRATIVE
- Sec.
30161. Judicial review of standards
-
- 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.
- 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.
- ADDITIONAL
PROCEEDINGS
- 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.
- 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.
- 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.
- 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.
- Sec.
30162. Petitions by interested persons for
standards and enforcement
-
- FILING
Any interested person may file a petition
with the Secretary of Transportation requesting
the Secretary to begin a proceeding
- to
prescribe a motor vehicle safety standard
under this chapter; or
- to
decide whether to issue an order under
section 30118(b) of this title.
- STATEMENT
OF FACTS The petition must state facts
that the person claims establish that a motor
vehicle safety standard or order referred
to in subsection (a) of this section is necessary
and briefly describe the order the Secretary
should issue.
- PROCEEDINGS
The Secretary may hold a public hearing
or conduct an investigation or proceeding
to decide whether to grant the petition.
- ACTIONS
OF SECRETARY. The Secretary shall grant
or deny a petition not later than 120 days
after the petition is filed. If a petition
is granted, the Secretary shall begin the
proceeding promptly. If a petition is denied,
the Secretary shall publish the reasons for
the denial in the Federal Register.
- Sec.
30163. Actions by the Attorney General
-
- CIVIL
ACTIONS TO ENFORCE The Attorney General
may bring a civil action in a United States
district court to enjoin
- a
violation of this chapter or a regulation
prescribed or order issued under this
chapter; and
- 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
- 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
- does
not comply with an applicable motor
vehicle safety standard prescribed
under this chapter.
- PRIOR
NOTICE When practicable, the Secretary
of Transportation shall notify a person against
whom a civil action under subsection (a) of
this section is planned, give the person an
opportunity to present that person's views,
and, except for a knowing and willful violation
of this chapter, give the person a reasonable
opportunity to remedy the defect or comply
with the applicable motor vehicle safety standard
prescribed under this chapter. Failure to
give notice and an opportunity to remedy the
defect or comply with the applicable motor
vehicle safety standard prescribed under this
chapter does not prevent a court from granting
appropriate relief.
- 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.
- JURY
TRAIL 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.).
- SUBPOENA
FOR WITNESSES. In a civil action brought
under this section, a subpoena for a witness
may be served in any judicial district.
- Sec.
30164. Service of process
-
- 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.
- SERVICE
An agent may be served at the agent's
office or usual place of residence. Service
on the agent is deemed to be service on the
manufacturer. If a manufacturer does not designate
an agent, service may be made by posting the
notice or process in the office of the Secretary.
- Sec.
30165. Civil penalty
-
- PENALTY
A person that violates any of sections
30112, 30115, 30117-30122, 30123(d), 30125(c),
30127, 30141-30147, or 30166 of this title
or a regulation prescribed under any of those
sections is liable to the United States Government
for a civil penalty of not more than $1,000
for each violation. A separate violation occurs
for each motor vehicle or item of motor vehicle
equipment and for each failure or refusal
to allow or perform an act required by any
of those sections. The maximum penalty under
this subsection for a related series of violations
is $800,000.
- COMPROMISE
AND SETOFF
- The
Secretary of Transportation may compromise
the amount of a civil penalty imposed
under this section.
- 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.
- CONSIDERATIONS
In determining the amount of a civil penalty
or compromise, the appropriateness of the
penalty or compromise to the size of the business
of the person charged and the gravity of the
violation shall be considered.
- SUBPOENAS
FOR WITNESSES In a civil action brought
under this section, a subpoena for a witness
may be served in any judicial district.
- Sec.
30166. Inspections, investigations, and records
-
- DEFINITION
In this section, "motor vehicle accident"
means an occurrence associated with the maintenance
or operation of a motor vehicle or motor vehicle
equipment resulting in personal injury, death,
or property damage.
- AUTHORITY
TO INSPECT AND INVESTIGATE
- The
Secretary of Transportation may conduct
an inspection or investigation
- that
may be necessary to enforce this chapter
or a regulation prescribed or order
issued under this chapter; or
- related
to a motor vehicle accident and designed
to carry out this chapter.
- The
Secretary of Transportation shall cooperate
with State and local officials to the
greatest extent possible in an inspection
or investigation under paragraph (l)(B)
of this subsection.
- MATTERS
THAT CAN BE INSPECTED AND IMPOUNDMENT In
carrying out this chapter, an officer or employee
designated by the Secretary of Transportation
- at
reasonable times, may inspect and copy
any record related to this chapter;
- on
request, may inspect records of a manufacturer,
distributor, or dealer to decide whether
the manufacturer, distributor, or dealer
has complied or is complying with this
chapter or a regulation prescribed or
order issued under this chapter; and
- at
reasonable times, in a reasonable way,
and on display of proper credentials and
written notice to an owner, operator,
or agent in charge, may
- enter
and inspect with reasonable promptness
premises in which a motor vehicle
or motor vehicle equipment is manufactured,
held for introduction in interstate
commerce, or held for sale after introduction
in interstate commerce;
- enter
and inspect with reasonable promptness
premises at which a vehicle or equipment
involved in a motor vehicle accident
is located;
- inspect
with reasonable promptness that vehicle
or equipment; and
- impound
for not more than 72 hours a vehicle
or equipment involved in a motor vehicle
accident.
- REASONABLE
COMPENSATION When a motor vehicle (except
a vehicle subject to subchapter II of chapter
105 of this title) or motor vehicle equipment
is inspected or temporarily impounded under
subsection (c)(3) of this section, the Secretary
of Transportation shall pay reasonable compensation
to the owner of the vehicle if the inspection
or impoundment results in denial of use, or
reduction in value, of the vehicle.
- RECORDS
AND MAKING REPORTS The Secretary of Transportation
reasonably may require a manufacturer of a
motor vehicle or motor vehicle equipment to
keep records, and a manufacturer, distributor,
or dealer to make reports, to enable the Secretary
to decide whether the manufacturer, distributor,
or dealer has complied or is complying with
this chapter or a regulation prescribed or
order issued under this chapter. This subsection
does not impose a recordkeeping requirement
on a distributor or dealer in addition to
those imposed under subsection (f) of this
section and section 30117(b) of this title
or a regulation prescribed or order issued
under subsection (f) or section 301 17(b).
- PROVIDING
COPIES OF COMMUNICATIONS ABOUT DEFECTS AND
NONCOMPLIANCE A manufacturer shall give
the Secretary of Transportation a true or
representative copy of each communication
to the manufacturer's dealers or to owners
or purchasers of a motor vehicle or replacement
equipment produced by the manufacturer about
a defect or noncompliance with a motor vehicle
safety standard prescribed under this chapter
in a vehicle or equipment that is sold or
serviced.
- ADMINISTRATIVE
AUTHORITY ON REPORTS, ANSWERS, AND HEARINGS
- In
carrying out this chapter, the Secretary
of Transportation may
- require,
by general or special order, any person
to file reports or answers to specific
questions, including reports or answers
under oath; and
- conduct
hearings, administer oaths, take testimony,
and require (by subpoena or otherwise)
the appearance and testimony of witnesses
and the production of records the
Secretary considers advisable.
- A
witness summoned under this subsection
is entitled to the same fee and mileage
the witness would have been paid in a
court of the United States.
- CIVIL
ACTIONS TO ENFORCE AND VENUE A civil action
to enforce a subpoena or order under subsection
(g) of this section may be brought in the
United States district court for any judicial
district in which the proceeding is conducted.
The court may punish a failure to obey an
order of the court to comply with a subpoena
or order as a contempt of court.
- GOVERNMENTAL
COOPERATION The Secretary of Transportation
may request a department, agency, or instrumentality
of the United States Government to provide
records the Secretary considers necessary
to carry out this chapter. The head of the
department, agency, or instrumentality shall
provide the record on request, may detail
personnel on a reimbursable basis, and otherwise
shall cooperate with the Secretary. This subsection
does not affect a law limiting the authority
of a department, agency, or instrumentality
to provide information to another department,
agency, or instrumentality.
- COOPERATION
OF SECRETARY The Secretary of Transportation
may advise, assist, and cooperate with departments,
agencies, and instrumentalities of the Government,
States, and other public and private agencies
in developing a method for inspecting and
testing to determine compliance with a motor
vehicle safety standard.
- PROVIDING
INFORMATION The Secretary of Transportation
shall provide the Attorney General and, when
appropriate, the Secretary of the Treasury,
information obtained that indicates a violation
of this chapter or a regulation prescribed
or order issued under this chapter.
- Sec.
30167. Disclosure of information by the Secretary
of Transportation
-
- 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:
- to
other officers and employees carrying
out this chapter.
- when
relevant to a proceeding under this chapter.
- to
the public if the confidentiality of the
information is preserved.
- to
the public when the Secretary of Transportation
decides that disclosure is necessary to
carry out section 30101 of this title.
- DEFECT
AND NONCOMPLIANCE INFORMATION Subject
to subsection (a) of this section, the Secretary
shall disclose information obtained under
this chapter related to a defect or noncompliance
that the Secretary decides will assist in
carrying out sections 30117(b) and 30118-30121
of this title or that is required to be disclosed
under section 30118(a) of this title. A requirement
to disclose information under this subsection
is in addition to the requirements of section
552 of title 5.
- INFORMATION
ABOUT MANUFACTURER'S INCREASED COSTS A
manufacturer opposing an action of the Secretary
under this chapter because of increased cost
shall submit to the Secretary information
about the increased cost, including the manufacturer's
cost and the cost to retail purchasers, that
allows the public and the Secretary to evaluate
the manufacturer's statement. The Secretary
shall evaluate the information promptly and,
subject to subsection (a) of this section,
shall make the information and evaluation
available to the public. The Secretary shall
publish a notice in the Federal Register that
the information is available.
- WITHHOLDING
INFORMATION FROM CONGRESS This section
does not authorize information to be withheld
from a committee of Congress authorized to
have the information.
- Sec.
30168. Research, testing, development, and
training
-
- GENERAL
AUTHORITY
- The
Secretary of Transportation shall conduct
research, testing, development, and training
necessary to carry out this chapter. The
research, development, testing, and training
shall include
- collecting
information to determine the relationship
between motor vehicle or motor vehicle
equipment performance characteristics
and
- accidents
involving motor vehicles; and
- the
occurrence of death or personal
injury resulting from those accidents;
- obtaining
experimental and other motor vehicles
and motor vehicle equipment for research
or testing; and (C) selling or otherwise
disposing of test motor vehicles and
motor vehicle equipment and crediting
the proceeds to current appropriations
available to carry out this chapter.
- The
Secretary may carry out this subsection
through grants to States, interstate authorities,
and nonprofit institutions.
- USE
OF PUBLIC AGENCIES In carrying out this
chapter, the Secretary shall use the services,
research, and testing facilities of public
agencies to the maximum extent practicable
to avoid duplication.
- FACTS
The Secretary may plan, design, and build
a new facility or modify an existing facility
to conduct research, development, and testing
in traffic safety, highway safety, and motor
vehicle safety. An expenditure of more than
$100,000 for planning, design, or construction
may be made only if the planning, design,
or construction is approved by substantially
similar resolutions by the Committees on Energy
and Commerce and Public Works and Transportation
of the House of Representatives and the Committees
on Commerce, Science, and Transportation and
Environment and Public Works of the Senate.
To obtain that approval, the Secretary shall
submit to Congress a prospectus on the proposed
facility. The prospectus shall include
- a
brief description of the facility being
planned, designed, or built;
- the
location of the facility;
- an
estimate of the maximum cost of the facility;
- 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
- a
justification of the need for the facility.
- INCREASING
COSTS OF APPROVED FACILITIES The estimated
maximum cost of a facility approved under
subsection (c) of this section may be increased
by an amount equal to the percentage increase
in construction costs from the date the prospectus
is submitted to Congress. However, the increase
in the cost of the facility may not be more
than 10 percent of the estimated maximum cost
included in the prospectus. The Secretary
shall decide what increase in construction
costs has occurred.
- AVAILABILITY
OF INFORMATION, PATENTS, AND DEVELOPMENTS
When the United States Government makes more
than a minimal contribution to a research
or development activity under this chapter,
the Secretary shall include in the arrangement
for the activity a provision to ensure that
all information, patents, and developments
related to the activity are available to the
public. However, the owner of a background
patent may not be deprived of a right under
the patent.
- Sec.
30169. Annual reports
-
- 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
- a
thorough statistical compilation of accidents
and injuries;
- motor
vehicle safety standards in effect or
prescribed under this chapter;
- the
degree of observance of the standards;
- a
summary of current research grants and
contracts and a description of the problems
to be considered under those grants and
contracts;
- an
analysis and evaluation of research activities
completed and technological progress achieved;
- enforcement
actions;
- the
extent to which technical information
was given the scientific community and
consumer-oriented information was made
available to the public; and
- recommendations
for legislation needed to promote cooperation
among the States in improving traffic
safety and strengthening the national
traffic safety program.
- 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 In 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.
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