---
kind: "section"
citation: "40 C.F.R. § 205.57-8"
title: "40"
number: "205.57-8"
heading: "Continued testing."
url: "https://uscodex.org/cfr/40/205.57-8"
---

# §205.57-8. Continued testing.

- (a) If a batch sequence is rejected in accordance with [paragraph (b)](/cfr/40/205.57-7.md?p=b) of § 205.57-7, the Administrator may require that any or all vehicles of that category, configuration of subgroup thereof produced at that plant be tested before distribution in commerce.
- (b) The Administrator will notify the manufacturer in writing of his intent to require such continued testing of vehicles pursuant to [paragraph (a)](#a) of this section.
- (c) The manufacturer may request a hearing on the issues of whether the selective enforcement audit was conducted properly; whether the criteria for batch sequence rejection in [§ 204.57-7](/cfr/40/204.57-7.md) have been met; and, the appropriateness or scope of a continued testing order. In the event that a hearing is requested, the hearing shall begin no later than 15 days after the date on which the Administrator received the hearing request. Neither the request for a hearing nor the fact that a hearing is in progress shall affect the reponsibility of the manufacturer to commence and continue testing required by the Administrator pursuant to [paragraph (a)](#a) of this section.
- (d) Any tested vehicle which demonstrated conformance with the applicable standards may be distributed into commerce.
- (e) Any knowing distribution into commerce of a vehicle which does not comply with the applicable standards is a prohibited act.

## Notes

### Amendments

[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977; 44 FR 54296, Sept. 19, 1979]

### Authority

Authority: Secs. 6, 10, 11, 13, Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 4905, 4909, 4910, 4912).

### Source

Source: 41 FR 15544, Apr. 13, 1976, unless otherwise noted.

### Amendments

[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61460, Dec. 5, 1977; 44 FR 54296, Sept. 19, 1979]