--- kind: "range" citation: "49 U.S.C. §§ 30101–30169" title: "49" from: "30101" to: "30169" count: 42 release: "119-102" url: "https://uscodex.org/usc/49/30101..30169" --- # §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— - (1) to prescribe [motor vehicle safety standards](/usc/49/30102.md?p=a-10) for [motor vehicles](/usc/49/30102.md?p=a-7) and [motor vehicle equipment](/usc/49/30102.md?p=a-8) in [interstate commerce](/usc/49/30102.md?p=a-5); and - (2) to carry out needed safety research and development. # §30102. Definitions - (a) **General Definitions.—** In this chapter— - (1) “covered rental vehicle” means a [motor vehicle](#a-7) that— - (A) has a gross vehicle weight rating of 10,000 pounds or less; - (B) is rented without a driver for an initial term of less than 4 months; and - (C) is part of a [motor vehicle](#a-7) fleet of 35 or more [motor vehicles](#a-7) that are used for rental purposes by a [rental company](#a-11). - (2) “dealer” means a person selling and distributing new [motor vehicles](#a-7) or [motor vehicle equipment](#a-8) primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale. - (3) “defect” includes any defect in performance, construction, a component, or material of a [motor vehicle](#a-7) or [motor vehicle equipment](#a-8). - (4) “distributor” means a person primarily selling and distributing [motor vehicles](#a-7) or [motor vehicle equipment](#a-8) for resale. - (5) “interstate commerce” means commerce between a place in a [State](#a-12) and a place in another [State](#a-12) or between places in the same [State](#a-12) through another [State](#a-12). - (6) “manufacturer” means a person— - (A) manufacturing or assembling [motor vehicles](#a-7) or [motor vehicle equipment](#a-8); or - (B) importing [motor vehicles](#a-7) or [motor vehicle equipment](#a-8) for resale. - (7) “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. - (8) “motor vehicle equipment” means— - (A) any system, part, or component of a [motor vehicle](#a-7) as originally manufactured; - (B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a [motor vehicle](#a-7); or - (C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that— - (i) is not a system, part, or component of a [motor vehicle](#a-7); and - (ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of [motor vehicles](#a-7) against risk of accident, injury, or death. - (9) “motor vehicle safety” means the performance of a [motor vehicle](#a-7) or [motor vehicle equipment](#a-8) in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a [motor vehicle](#a-7), and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a [motor vehicle](#a-7). - (10) “motor vehicle safety standard” means a minimum standard for [motor vehicle](#a-7) or [motor vehicle equipment](#a-8) performance. - (11) “rental company” means a person who— - (A) is engaged in the business of renting [covered rental vehicles](#a-1); and - (B) uses for rental purposes a [motor vehicle](#a-7) fleet of 35 or more [covered rental vehicles](#a-1), on average, during the calendar year. - (12) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. - (13) “United States district court” means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands. - (b) **Limited Definitions.—** - (1) In sections [30117(b)](/usc/49/30117.md?p=b), 30118–30121, and [30166(f)](/usc/49/30166.md?p=f) of this title— - (A) “adequate repair” does not include repair resulting in substantially impaired operation of a [motor vehicle](#a-7) or [motor vehicle equipment](#a-8); - (B) “first purchaser” means the first purchaser of a [motor vehicle](#a-7) or [motor vehicle equipment](#a-8) other than for resale; - (C) “original equipment” means [motor vehicle equipment](#a-8) (including a tire) installed in or on a [motor vehicle](#a-7) at the time of delivery to the [first purchaser](#b-1-B); - (D) “replacement equipment” means [motor vehicle equipment](#a-8) (including a tire) that is not [original equipment](#b-1-C); - (E) a brand name owner of a tire marketed under a brand name not owned by the [manufacturer](#a-6) of the tire is deemed to be the [manufacturer](#a-6) of the tire; - (F) a [defect](#a-3) in [original equipment](#b-1-C), or noncompliance of [original equipment](#b-1-C) with a [motor vehicle safety standard](#a-10) prescribed under this chapter, is deemed to be a [defect](#a-3) or noncompliance of the [motor vehicle](#a-7) in or on which the equipment was installed at the time of delivery to the [first purchaser](#b-1-B); - (G) a [manufacturer](#a-6) of a [motor vehicle](#a-7) in or on which [original equipment](#b-1-C) was installed when delivered to the [first purchaser](#b-1-B) is deemed to be the [manufacturer](#a-6) of the equipment; and - (H) a retreader of a tire is deemed to be the [manufacturer](#a-6) of the tire. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection. # §30103. Relationship to other laws - (a) **Uniformity of Regulations.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may not prescribe a safety regulation related to a [motor vehicle](/usc/49/30102.md?p=a-7) subject to subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) of this title that differs from a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter. However, the Secretary may prescribe, for a [motor vehicle](/usc/49/30102.md?p=a-7) operated by a carrier subject to subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md), a safety regulation that imposes a higher standard of performance after manufacture than that required by an applicable standard in effect at the time of manufacture. - (b) **Preemption.—** - (1) When a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) is in effect under this chapter, a [State](/usc/49/30102.md?p=a-12) or a political subdivision of a [State](/usc/49/30102.md?p=a-12) may prescribe or continue in effect a standard applicable to the same aspect of performance of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a [State](/usc/49/30102.md?p=a-12), or a political subdivision of a [State](/usc/49/30102.md?p=a-12) may prescribe a standard for a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter. - (2) A [State](/usc/49/30102.md?p=a-12) may enforce a standard that is identical to a standard prescribed under this chapter. - (c) **Antitrust Laws.—** This chapter does not— - (1) exempt from the antitrust laws conduct that is unlawful under those laws; or - (2) prohibit under the antitrust laws conduct that is lawful under those laws. - (d) **Warranty Obligations and Additional Legal Rights and Remedies.—** Sections [30117(b)](/usc/49/30117.md?p=b), 30118–30121, [30166(f)](/usc/49/30166.md?p=f), and [30167(a)](/usc/49/30167.md?p=a) and [(b)](/usc/49/30167.md?p=b) of this title do not establish or affect a warranty obligation under a law of the United States or a [State](/usc/49/30102.md?p=a-12). A remedy under those sections and sections [30161](/usc/49/30161.md) and [30162](/usc/49/30162.md) of this title is in addition to other rights and remedies under other laws of the United States or a [State](/usc/49/30102.md?p=a-12). - (e) **Common Law Liability.—** Compliance with a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter does not exempt a person from liability at common law. # §30104. Authorization of appropriations There is authorized to be appropriated to the Secretary $98,313,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001. # §30105. Restriction on lobbying activities - (a) **In General.—** No funds appropriated to the Secretary for the National Highway Traffic Safety Administration shall be available for any activity specifically designed to urge a [State](/usc/49/30102.md?p=a-12) or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any [State](/usc/49/30102.md?p=a-12) or local legislative body. - (b) **Appearance as Witness Not Barred.—** [Subsection (a)](#a) does not prohibit officers or employees of the United States from testifying before any [State](/usc/49/30102.md?p=a-12) or local legislative body in response to the invitation of any member of that legislative body or a [State](/usc/49/30102.md?p=a-12) executive office. # §30106. Rented or leased motor vehicle safety and responsibility - (a) **In General.—** An [owner](#d-2) of a [motor vehicle](/usc/49/30102.md?p=a-7) that rents or leases the vehicle to a [person](#d-3) (or an [affiliate](#d-1) of the [owner](#d-2)) shall not be liable under the law of any [State](/usc/49/30102.md?p=a-12) or political subdivision thereof, by reason of being the [owner](#d-2) of the vehicle (or an [affiliate](#d-1) of the [owner](#d-2)), for harm to [persons](#d-3) or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if— - (1) the [owner](#d-2) (or an [affiliate](#d-1) of the [owner](#d-2)) is engaged in the trade or business of renting or leasing [motor vehicles](/usc/49/30102.md?p=a-7); and - (2) there is no negligence or criminal wrongdoing on the part of the [owner](#d-2) (or an [affiliate](#d-1) of the [owner](#d-2)). - (b) **Financial Responsibility Laws.—** Nothing in this section supersedes the law of any [State](/usc/49/30102.md?p=a-12) or political subdivision thereof— - (1) imposing financial responsibility or insurance standards on the [owner](#d-2) of a [motor vehicle](/usc/49/30102.md?p=a-7) for the privilege of registering and operating a [motor vehicle](/usc/49/30102.md?p=a-7); or - (2) imposing liability on business entities engaged in the trade or business of renting or leasing [motor vehicles](/usc/49/30102.md?p=a-7) for failure to meet the financial responsibility or liability insurance requirements under [State](/usc/49/30102.md?p=a-12) law. - (c) **Applicability and Effective Date.—** Notwithstanding any other provision of law, this section shall apply with respect to any action commenced on or after the date of enactment of this section without regard to whether the harm that is the subject of the action, or the conduct that caused the harm, occurred before such date of enactment. - (d) **Definitions.—** In this section, the following definitions apply: - (1) **Affiliate.—** The term “affiliate” means a [person](#d-3) other than the [owner](#d-2) that directly or indirectly controls, is controlled by, or is under common control with the [owner](#d-2). In the preceding sentence, the term “control” means the power to direct the management and policies of a [person](#d-3) whether through ownership of voting securities or otherwise. - (2) **Owner.—** The term “owner” means a [person](#d-3) who is— - (A) a record or beneficial [owner](#d-2), holder of title, lessor, or lessee of a [motor vehicle](/usc/49/30102.md?p=a-7); - (B) entitled to the use and possession of a [motor vehicle](/usc/49/30102.md?p=a-7) subject to a security interest in another [person](#d-3); or - (C) a lessor, lessee, or a bailee of a [motor vehicle](/usc/49/30102.md?p=a-7), in the trade or business of renting or leasing [motor vehicles](/usc/49/30102.md?p=a-7), having the use or possession thereof, under a lease, bailment, or otherwise. - (3) **Person.—** The term “person” means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity. # §30111. Standards - (a) **General Requirements.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall prescribe [motor vehicle safety standards](/usc/49/30102.md?p=a-10). Each standard shall be practicable, meet the need for [motor vehicle safety](/usc/49/30102.md?p=a-9), and be stated in objective terms. - (b) **Considerations and Consultation.—** When prescribing a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) under this chapter, the Secretary shall— - (1) consider relevant available [motor vehicle safety](/usc/49/30102.md?p=a-9) information; - (2) consult with the [agency](/usc/49/114.md?p=n-2-A-i) established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate [State](/usc/49/30102.md?p=a-12) or interstate authorities (including legislative committees); - (3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) for which it is prescribed; and - (4) consider the extent to which the standard will carry out [section 30101 of this title](/usc/49/30101.md). - (c) **Cooperation.—** The Secretary may advise, assist, and cooperate with departments, [agencies](/usc/49/114.md?p=n-2-A-i), and instrumentalities of the United States Government, [States](/usc/49/30102.md?p=a-12), and other public and private [agencies](/usc/49/114.md?p=n-2-A-i) in developing [motor vehicle safety standards](/usc/49/30102.md?p=a-10). - (d) **Effective Dates of Standards.—** The Secretary shall specify the effective date of a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter in the order prescribing the standard. A standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed. However, the Secretary may prescribe a different effective date after finding, for good cause shown, that a different effective date is in the public interest and publishing the reasons for the finding. - (e) **5-Year Plan for Testing Standards.—** The Secretary shall establish and periodically review and update on a continuing basis a 5-year plan for testing [motor vehicle safety standards](/usc/49/30102.md?p=a-10) 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](/usc/49/30101.md) 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. - (f) **Motor Vehicle Safety Guidelines.—** - (1) **In general.—** No guidelines issued by the Secretary with respect to [motor vehicle safety](/usc/49/30102.md?p=a-9) shall confer any rights on any person, [State](/usc/49/30102.md?p=a-12), or locality, nor shall operate to bind the Secretary or any person to the approach recommended in such guidelines. In any enforcement action with respect to [motor vehicle safety](/usc/49/30102.md?p=a-9), the Secretary shall allege a violation of a provision of this subtitle, a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this subtitle, a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) issued under this subtitle, or another relevant statute or regulation. - (2) **Rule of construction.—** Nothing in this subsection shall be construed to confer any authority upon or negate any authority of the Secretary to issue guidelines under this chapter. # §30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment - (a) **General.—** - (1) Except as provided in this section, sections [30113](/usc/49/30113.md) and [30114](/usc/49/30114.md) 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](/usc/49/30102.md?p=a-5), or import into the United States, any [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) manufactured on or after the date an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) 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](/usc/49/30115.md). - (2) Except as provided in this section, sections [30113](/usc/49/30113.md) and [30114](/usc/49/30114.md) of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the [motor vehicle](/usc/49/30102.md?p=a-7) standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph. - (3) Except as provided in this section, [section 30114](/usc/49/30114.md), subsections [(i)](/usc/49/30120.md?p=i) and [(j)](/usc/49/30120.md?p=j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in [interstate commerce](/usc/49/30102.md?p=a-5), or import into the United States any [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) if the vehicle or equipment contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) about which notice was given under [section 30118(c)](/usc/49/30118.md?p=c) or an order was issued under [section 30118(b)](/usc/49/30118.md?p=b). Nothing in this paragraph may be construed to prohibit the importation of a new [motor vehicle](/usc/49/30102.md?p=a-7) that receives a required recall remedy before being sold to a consumer in the United States. - (b) **Nonapplication.—** This section does not apply to— - (1) the sale, offer for sale, or introduction or delivery for introduction in [interstate commerce](/usc/49/30102.md?p=a-5) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) after the first purchase of the vehicle or equipment in good faith other than for resale; - (2) a person— - (A) establishing that the person had no reason to know, despite exercising reasonable care, that a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) does not comply with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter; - (B) holding, without knowing about the noncompliance and before the vehicle or equipment is first purchased in good faith other than for resale, a certificate issued by a [manufacturer](/usc/49/30102.md?p=a-6) or importer stating the vehicle or equipment complies with applicable standards prescribed under this chapter; or - (C) having no reason to know, despite exercising reasonable care, that a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) about which notice was given under [section 30118(c)](/usc/49/30118.md?p=c) or an order was issued under [section 30118(b)](/usc/49/30118.md?p=b); - (3) a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported; - (4) a [motor vehicle](/usc/49/30102.md?p=a-7) the Secretary of [Transportation](/usc/49/13907.md?p=e-2) decides under [section 30141 of this title](/usc/49/30141.md) is capable of complying with applicable standards prescribed under this chapter; - (5) a [motor vehicle](/usc/49/30102.md?p=a-7) imported for personal use by an individual who receives an exemption under [section 30142 of this title](/usc/49/30142.md); - (6) a [motor vehicle](/usc/49/30102.md?p=a-7) under [section 30143 of this title](/usc/49/30143.md) imported by an individual employed outside the United States; - (7) a [motor vehicle](/usc/49/30102.md?p=a-7) under [section 30144 of this title](/usc/49/30144.md) imported on a temporary basis; - (8) a [motor vehicle](/usc/49/30102.md?p=a-7) or item of [motor vehicle equipment](/usc/49/30102.md?p=a-8) under [section 30145 of this title](/usc/49/30145.md) requiring further manufacturing; - (9) a [motor vehicle](/usc/49/30102.md?p=a-7) that is at least 25 years old; or - (10) the introduction of a [motor vehicle](/usc/49/30102.md?p=a-7) in [interstate commerce](/usc/49/30102.md?p=a-5) solely for purposes of testing or evaluation by a [manufacturer](/usc/49/30102.md?p=a-6) that agrees not to sell or offer for sale the [motor vehicle](/usc/49/30102.md?p=a-7) at the conclusion of the testing or evaluation and that prior to the date of enactment of this paragraph— - (A) has manufactured and distributed [motor vehicles](/usc/49/30102.md?p=a-7) into the United States that are certified to comply with all applicable Federal [motor vehicle safety standards](/usc/49/30102.md?p=a-10); - (B) has submitted to the Secretary appropriate [manufacturer](/usc/49/30102.md?p=a-6) identification information under [part 566 of title 49, Code of Federal Regulations](/cfr/49/part566.md); and - (C) if applicable, has identified an agent for service of process in accordance with part 551 of such title. # §30113. General exemptions - (a) **Definition.—** In this section, “low-emission [motor vehicle](/usc/49/30102.md?p=a-7)” means a [motor vehicle](/usc/49/30102.md?p=a-7) meeting the standards for new [motor vehicles](/usc/49/30102.md?p=a-7) applicable to the vehicle under section 202 of the Clean Air Act ([42 U.S.C. 7521](/usc/42/7521.md)) when the vehicle is manufactured and emitting an air pollutant in an amount significantly below one of those standards. - (b) **Authority To Exempt and Procedures.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may exempt, on a temporary basis, [motor vehicles](/usc/49/30102.md?p=a-7) from a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter or passenger [motor vehicles](/usc/49/30102.md?p=a-7) from a bumper standard prescribed under [chapter 325](/usc/49/chstVI-ptC-ch325.md) of this title, on terms the Secretary considers appropriate. An exemption may be renewed. A renewal may be granted only on reapplication and must conform to the requirements of this subsection. - (2) The Secretary may begin a proceeding under this subsection when a [manufacturer](/usc/49/30102.md?p=a-6) applies for an exemption or a renewal of an exemption. The Secretary shall publish notice of the application and provide an opportunity to comment. An application for an exemption or for a renewal of an exemption shall be filed at a time and in the way, and contain information, this section and the Secretary require. - (3) The Secretary may act under this subsection on finding that— - (A) an exemption is consistent with the public interest and this chapter or [chapter 325](/usc/49/chstVI-ptC-ch325.md) of this title (as applicable); and - (B) - (i) compliance with the standard would cause substantial economic hardship to a [manufacturer](/usc/49/30102.md?p=a-6) that has tried to comply with the standard in good faith; - (ii) the exemption would make easier the development or field evaluation of a new [motor vehicle safety](/usc/49/30102.md?p=a-9) feature providing a safety level at least equal to the safety level of the standard; - (iii) the exemption would make the development or field evaluation of a low-emission [motor vehicle](/usc/49/30102.md?p=a-7) easier and would not unreasonably lower the safety level of that vehicle; or - (iv) compliance with the standard would prevent the [manufacturer](/usc/49/30102.md?p=a-6) from selling a [motor vehicle](/usc/49/30102.md?p=a-7) with an overall safety level at least equal to the overall safety level of nonexempt vehicles. - (c) **Contents of Applications.—** A [manufacturer](/usc/49/30102.md?p=a-6) applying for an exemption under [subsection (b)](#b) of this section shall include the following information in the application: - (1) if the application is made under [subsection (b)(3)(B)(i)](#b-3-B-i) of this section, a complete financial statement describing the economic hardship and a complete description of the [manufacturer](/usc/49/30102.md?p=a-6)’s good faith effort to comply with each [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter, or a bumper standard prescribed under [chapter 325](/usc/49/chstVI-ptC-ch325.md) of this title, from which the [manufacturer](/usc/49/30102.md?p=a-6) is requesting an exemption. - (2) if the application is made under [subsection (b)(3)(B)(ii)](#b-3-B-ii) of this section, a record of the research, development, and testing establishing the innovative nature of the safety feature and a detailed analysis establishing that the safety level of the feature at least equals the safety level of the standard. - (3) if the application is made under [subsection (b)(3)(B)(iii)](#b-3-B-iii) of this section, a record of the research, development, and testing establishing that the [motor vehicle](/usc/49/30102.md?p=a-7) is a low-emission [motor vehicle](/usc/49/30102.md?p=a-7) and that the safety level of the vehicle is not lowered unreasonably by exemption from the standard. - (4) if the application is made under [subsection (b)(3)(B)(iv)](#b-3-B-iv) of this section, a detailed analysis showing how the vehicle provides an overall safety level at least equal to the overall safety level of nonexempt vehicles. - (d) **Eligibility.—** A [manufacturer](/usc/49/30102.md?p=a-6) is eligible for an exemption under [subsection (b)(3)(B)(i)](#b-3-B-i) of this section (including an exemption under [subsection (b)(3)(B)(i)](#b-3-B-i) relating to a bumper standard referred to in [subsection (b)(1)](#b-1)) only if the Secretary determines that the [manufacturer](/usc/49/30102.md?p=a-6)’s total [motor vehicle](/usc/49/30102.md?p=a-7) production in the most recent year of production is not more than 10,000. A [manufacturer](/usc/49/30102.md?p=a-6) is eligible for an exemption under subsection [(b)(3)(B)(ii)](#b-3-B-ii), [(iii)](#b-3-B-iii), or [(iv)](#b-3-B-iv) of this section only if the Secretary determines the exemption is for not more than 2,500 vehicles to be sold in the United States in any 12-month period. - (e) **Maximum Period.—** An exemption or renewal under [subsection (b)(3)(B)(i)](#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)](#b-3-B-ii), [(iii)](#b-3-B-iii), or [(iv)](#b-3-B-iv) of this section may be granted for not more than 2 years. - (f) **Disclosure.—** The Secretary may make public, by the 10th day after an application is filed, information contained in the application or relevant to the application unless the information concerns or is related to a trade secret or other confidential information not relevant to the application. - (g) **Notice of Decision.—** The Secretary shall publish in the Federal Register a notice of each decision granting an exemption under this section and the reasons for granting it. - (h) **Permanent Label Requirement.—** The Secretary shall require a permanent label to be fixed to a [motor vehicle](/usc/49/30102.md?p=a-7) granted an exemption under this section. The label shall either name or describe each [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter or bumper standard prescribed under [chapter 325](/usc/49/chstVI-ptC-ch325.md) of this title from which the vehicle is exempt. The Secretary may require that written notice of an exemption be delivered by appropriate means to the [dealer](/usc/49/30102.md?p=a-2) and the [first purchaser](/usc/49/30102.md?p=b-1-B) of the vehicle other than for resale. # §30114. Special exemptions - (a) **[^1] Vehicles Used for Particular Purposes.[^2] The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this title on terms the Secretary decides are necessary for research, investigations, demonstrations, training, competitive racing events, show, or display.** - (b) **Exemption for Low-volume Manufacturers.—** - (1) **In general.—** The Secretary shall— - (A) exempt from [section 30112(a) of this title](/usc/49/30112.md?p=a) not more than 325 [replica motor vehicles](#b-7-B) per year that are manufactured or imported by a [low-volume manufacturer](#b-7-A); and - (B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal [Motor Vehicle Safety Standards](/usc/49/30102.md?p=a-10) applicable to [motor vehicles](/usc/49/30102.md?p=a-7) and not [motor vehicle equipment](/usc/49/30102.md?p=a-8). - (2) **Registration requirement.—** To qualify for an exemption under [paragraph (1)](#b-1), a [low-volume manufacturer](#b-7-A) shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a [low-volume manufacturer](#b-7-A) if the person is registered as an importer under [section 30141 of this title](/usc/49/30141.md). - (3) **Permanent label requirement.—** - (A) **In general.—** The Secretary shall require a [low-volume manufacturer](#b-7-A) to affix a permanent label to a [motor vehicle](/usc/49/30102.md?p=a-7) exempted under [paragraph (1)](#b-1) that identifies the specified standards and regulations for which such vehicle is exempt from [section 30112(a)](/usc/49/30112.md?p=a), [states](/usc/49/30102.md?p=a-12) that the vehicle is a replica, and designates the model year such vehicle replicates. - (B) **Written notice.—** The Secretary may require a [low-volume manufacturer](#b-7-A) of a [motor vehicle](/usc/49/30102.md?p=a-7) exempted under [paragraph (1)](#b-1) to deliver written notice of the exemption to— - (i) the [dealer](/usc/49/30102.md?p=a-2); and - (ii) the [first purchaser](/usc/49/30102.md?p=b-1-B) of the [motor vehicle](/usc/49/30102.md?p=a-7), if the [first purchaser](/usc/49/30102.md?p=b-1-B) is not an individual that purchases the [motor vehicle](/usc/49/30102.md?p=a-7) for resale. - (C) **Reporting requirement.—** A [low-volume manufacturer](#b-7-A) shall annually submit a report to the Secretary including the number and description of the [motor vehicles](/usc/49/30102.md?p=a-7) exempted under [paragraph (1)](#b-1) and a list of the exemptions described on the label affixed under [subparagraph (A)](#b-3-A). - (4) **Effect on other provisions.—** Any [motor vehicle](/usc/49/30102.md?p=a-7) exempted under this subsection shall also be exempted from sections [32304](/usc/49/32304.md), [32502](/usc/49/32502.md), and [32902](/usc/49/32902.md) of this title and from section 3 of the Automobile Information Disclosure Act ([15 U.S.C. 1232](/usc/15/1232.md)). - (5) **Limitation and public notice.—** The Secretary shall have 90 days to review and approve or deny a registration submitted under [paragraph (2)](#b-2). If the Secretary determines that any such registration submitted is incomplete, the Secretary shall have an additional 30 days for review. Any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submitted is incomplete, shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection or a finding by the Secretary of a safety-related [defect](/usc/49/30102.md?p=a-3) or unlawful conduct under this chapter that poses a significant safety risk. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a [low-volume manufacturer](#b-7-A) under this subsection may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the [low-volume manufacturer](#b-7-A) to vehicles built during that calendar year. The Secretary shall maintain an up-to-date list of registrants and a list of the make and model of [motor vehicles](/usc/49/30102.md?p=a-7) exempted under [paragraph (1)](#b-1) on at least an annual basis and publish such list in the Federal Register or on a website operated by the Secretary. - (6) **Limitation of liability for original manufacturers, licensors or owners of product configuration, trade dress, or design patents.—** The original [manufacturer](/usc/49/30102.md?p=a-6), its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a [low-volume manufacturer](#b-7-A) shall incur no liability to any person or entity under Federal or [State](/usc/49/30102.md?p=a-12) statute, regulation, local ordinance, or under any Federal or [State](/usc/49/30102.md?p=a-12) common law for such license or assignment to a [low-volume manufacturer](#b-7-A). - (7) **Definitions.—** In this subsection: - (A) **Low-volume manufacturer.—** The term “low-volume manufacturer” means a [motor vehicle](/usc/49/30102.md?p=a-7) [manufacturer](/usc/49/30102.md?p=a-6), other than a person who is registered as an importer under [section 30141 of this title](/usc/49/30141.md), whose annual worldwide production, including by a parent or subsidiary of the [manufacturer](/usc/49/30102.md?p=a-6), if applicable, is not more than 5,000 [motor vehicles](/usc/49/30102.md?p=a-7). - (B) **Replica motor vehicle.—** The term “replica motor vehicle” means a [motor vehicle](/usc/49/30102.md?p=a-7) produced by a [low-volume manufacturer](#b-7-A) and that— - (i) is intended to resemble the body of another [motor vehicle](/usc/49/30102.md?p=a-7) that was manufactured not less than 25 years before the manufacture of the [replica motor vehicle](#b-7-B); and - (ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the [motor vehicle](/usc/49/30102.md?p=a-7) that is intended to be replicated from the original [manufacturer](/usc/49/30102.md?p=a-6), its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights. - (8) **Construction.—** Except as provided in paragraphs [(1)](#b-1) and [(4)](#b-4), a registrant shall be considered a [motor vehicle](/usc/49/30102.md?p=a-7) [manufacturer](/usc/49/30102.md?p=a-6) for purposes of parts A and C of subtitle VI of this title. Nothing shall be construed to exempt a registrant from complying with the requirements under [sections 30116 through 30120A](/usc/49/30116..30120A.md) of this title if the [motor vehicle](/usc/49/30102.md?p=a-7) excepted under [paragraph (1)](#b-1) contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9). - (9) **State registration.—** Nothing in this subsection shall be construed to preempt, affect, or supersede any [State](/usc/49/30102.md?p=a-12) titling or registration law or regulation for a [replica motor vehicle](#b-7-B), or exempt a person from complying with such law or regulation. # §30115. Certification of compliance - (a) **In General.—** A [manufacturer](/usc/49/30102.md?p=a-6) or [distributor](/usc/49/30102.md?p=a-4) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) shall certify to the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) at delivery that the vehicle or equipment complies with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter. A person may not issue the certificate if, in exercising reasonable care, the person has reason to know the certificate is false or misleading in a material respect. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. Certification of equipment may be shown by a label or tag on the equipment or on the outside of the container in which the equipment is delivered. - (b) **Certification Label.—** In the case of the certification label affixed by an intermediate or final stage [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) built in more than 1 stage, each intermediate or final stage [manufacturer](/usc/49/30102.md?p=a-6) shall certify with respect to each applicable Federal [motor vehicle safety standard](/usc/49/30102.md?p=a-10)— - (1) that it has complied with the specifications set forth in the compliance documentation provided by the incomplete [motor vehicle](/usc/49/30102.md?p=a-7) [manufacturer](/usc/49/30102.md?p=a-6) in accordance with regulations prescribed by the Secretary; or - (2) that it has elected to assume responsibility for compliance with that standard. If the intermediate or final stage [manufacturer](/usc/49/30102.md?p=a-6) elects to assume responsibility for compliance with the standard covered by the documentation provided by an incomplete [motor vehicle](/usc/49/30102.md?p=a-7) [manufacturer](/usc/49/30102.md?p=a-6), the intermediate or final stage [manufacturer](/usc/49/30102.md?p=a-6) shall notify the incomplete [motor vehicle](/usc/49/30102.md?p=a-7) [manufacturer](/usc/49/30102.md?p=a-6) in writing within a reasonable time of affixing the certification label. A violation of this subsection shall not be subject to a civil penalty under [section 30165](/usc/49/30165.md). # §30116. Defects and noncompliance found before sale to purchaser - (a) **Actions Required of Manufacturers and Distributors.—** If, after a [manufacturer](/usc/49/30102.md?p=a-6) or [distributor](/usc/49/30102.md?p=a-4) sells a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) to a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) and before the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) sells the vehicle or equipment, it is decided that the vehicle or equipment contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter— - (1) the [manufacturer](/usc/49/30102.md?p=a-6) or [distributor](/usc/49/30102.md?p=a-4) immediately shall repurchase the vehicle or equipment at the price paid by the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2), plus [transportation](/usc/49/13907.md?p=e-2) 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](/usc/49/30102.md?p=a-3) to the date of repurchase; or - (2) if a vehicle, the [manufacturer](/usc/49/30102.md?p=a-6) or [distributor](/usc/49/30102.md?p=a-4) immediately shall give to the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) at the [manufacturer](/usc/49/30102.md?p=a-6)’s or [distributor](/usc/49/30102.md?p=a-4)’s own expense, the part or equipment needed to make the vehicle comply with the standards or correct the [defect](/usc/49/30102.md?p=a-3). - (b) **Distributor or Dealer Installation.—** The [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) shall install the part or equipment referred to in [subsection (a)(2)](#a-2) of this section. If the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) installs the part or equipment with reasonable diligence after it is received, the [manufacturer](/usc/49/30102.md?p=a-6) shall reimburse the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) for the reasonable value of the installation and a reasonable reimbursement of at least one percent a month of the [manufacturer](/usc/49/30102.md?p=a-6)’s or [distributor](/usc/49/30102.md?p=a-4)’s selling price prorated from the date of notice of noncompliance or [defect](/usc/49/30102.md?p=a-3) to the date the [motor vehicle](/usc/49/30102.md?p=a-7) complies with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter or the [defect](/usc/49/30102.md?p=a-3) is corrected. - (c) **Establishing Amount Due and Civil Actions.—** The parties shall establish the value of installation and the amount of reimbursement under this section. If the parties do not agree, or if a [manufacturer](/usc/49/30102.md?p=a-6) or [distributor](/usc/49/30102.md?p=a-4) refuses to comply with subsection [(a)](#a) or [(b)](#b) of this section, the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) purchasing the [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) may bring a civil action. The action may be brought in a [United States district court](/usc/49/30102.md?p=a-13) for the judicial district in which the [manufacturer](/usc/49/30102.md?p=a-6) or [distributor](/usc/49/30102.md?p=a-4) 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. # §30117. Providing information to, and maintaining records on, purchasers - (a) **Providing Information and Notice.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may require that each [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) provide technical information related to performance and safety required to carry out this chapter. The Secretary may require the [manufacturer](/usc/49/30102.md?p=a-6) to give the following notice of that information when the Secretary decides it is necessary: - (1) to each prospective purchaser of a vehicle or equipment before the first sale other than for resale at each location at which the vehicle or equipment is offered for sale by a person having a legal relationship with the [manufacturer](/usc/49/30102.md?p=a-6), in a way the Secretary decides is appropriate. - (2) to the [first purchaser](/usc/49/30102.md?p=b-1-B) of a vehicle or equipment other than for resale when the vehicle or equipment is bought, in printed matter placed in the vehicle or attached to or accompanying the equipment. - (b) **Maintaining Purchaser Records and Procedures.—** - (1) A [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or tire (except a retreaded tire) shall cause to be maintained a record of the name and address of the [first purchaser](/usc/49/30102.md?p=b-1-B) 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](/usc/49/30102.md?p=b-1-B) of [replacement equipment](/usc/49/30102.md?p=b-1-D) (except a tire) that the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-4) and [dealers](/usc/49/30102.md?p=a-2) to assist the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2), or similar information, will be made available to a person (except the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2)) only when necessary to carry out this subsection and sections 30118–30121, [30166(f)](/usc/49/30166.md?p=f), and [30167(a)](/usc/49/30167.md?p=a) and [(b)](/usc/49/30167.md?p=b) of this title. Availability of assistance from a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) does not affect an obligation of a [manufacturer](/usc/49/30102.md?p=a-6) under this subsection. - (2) - (A) Except as provided in paragraph (3) of this subsection, the Secretary may require a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) to maintain a record under paragraph (1) of this subsection only if the business of the [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) is owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires. - (B) The Secretary shall require each [distributor](/usc/49/30102.md?p=a-4) and [dealer](/usc/49/30102.md?p=a-2) whose business is not owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires to give a registration form (containing the tire identification number) to the [first purchaser](/usc/49/30102.md?p=b-1-B) 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](/usc/49/30102.md?p=a-6) of the tire. The [manufacturer](/usc/49/30102.md?p=a-6) shall give sufficient copies of forms to [distributors](/usc/49/30102.md?p=a-4) and [dealers](/usc/49/30102.md?p=a-2). - (3) **Rulemaking.—** - (A) **In general.—** The Secretary shall initiate a rulemaking to require a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) of tires that is not owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires to maintain records of— - (i) the name and address of tire purchasers and lessors; - (ii) information identifying the tire that was purchased or leased; and - (iii) any additional records the Secretary considers appropriate. - (B) **Electronic transmission.—** The rulemaking carried out under [subparagraph (A)](#b-3-A) shall require a [distributor](/usc/49/30102.md?p=a-4) or [dealer](/usc/49/30102.md?p=a-2) of tires that is not owned or controlled by a [manufacturer](/usc/49/30102.md?p=a-6) of tires to electronically transmit the records described in clauses [(i)](#b-3-A-i), [(ii)](#b-3-A-ii), and [(iii)](#b-3-A-iii) of subparagraph (A) to the [manufacturer](/usc/49/30102.md?p=a-6) of the tires or the designee of the [manufacturer](/usc/49/30102.md?p=a-6) by secure means at no cost to tire purchasers or lessors. - (C) **Satisfaction of requirements.—** A regulation promulgated under [subparagraph (A)](#b-3-A) may be considered to satisfy the requirements of [paragraph (2)(B)](#b-2-B). - (c) **Rollover Tests.—** - (1) **Development.—** Not later than 2 years from the date of the enactment of this subsection, the Secretary shall— - (A) develop a dynamic test on rollovers by [motor vehicles](/usc/49/30102.md?p=a-7) for the purposes of a consumer information program; and - (B) carry out a program of conducting such tests. - (2) **Test results.—** As the Secretary develops a test under [paragraph (1)(A)](#c-1-A), the Secretary shall conduct a rulemaking to determine how best to disseminate test results to the public. - (3) **Motor vehicles covered.—** This subsection applies to [motor vehicles](/usc/49/30102.md?p=a-7), including passenger cars, multipurpose passenger vehicles, and trucks, with a gross vehicle weight rating of 10,000 pounds or less. A [motor vehicle](/usc/49/30102.md?p=a-7) designed to provide temporary residential accommodations is not covered. # §30118. Notification of defects and noncompliance - (a) **Notification by Secretary.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall notify the [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) 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](/usc/49/30166.md?p=f), or otherwise) that the vehicle or equipment contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) 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](/usc/49/30167.md?p=a), the notification and information are available to any interested person. - (b) **Defect and Noncompliance Proceedings and Orders.—** - (1) The Secretary may make a final decision that a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter only after giving the [manufacturer](/usc/49/30102.md?p=a-6) an opportunity to present information, views, and arguments showing that there is no [defect](/usc/49/30102.md?p=a-3) or noncompliance or that the [defect](/usc/49/30102.md?p=a-3) does not affect [motor vehicle safety](/usc/49/30102.md?p=a-9). Any interested person also shall be given an opportunity to present information, views, and arguments. - (2) If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains the [defect](/usc/49/30102.md?p=a-3) or does not comply, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6) to— - (A) give notification under [section 30119 of this title](/usc/49/30119.md) to the owners, purchasers, and [dealers](/usc/49/30102.md?p=a-2) of the vehicle or equipment of the [defect](/usc/49/30102.md?p=a-3) or noncompliance; and - (B) remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance under [section 30120 of this title](/usc/49/30120.md). - (c) **Notification by Manufacturer.—** A [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) shall notify the Secretary by certified mail or electronic mail, and the owners, purchasers, and [dealers](/usc/49/30102.md?p=a-2) of the vehicle or equipment as provided in [section 30119(d)](/usc/49/30119.md?p=d) of this section, if the [manufacturer](/usc/49/30102.md?p=a-6)— - (1) learns the vehicle or equipment contains a [defect](/usc/49/30102.md?p=a-3) and decides in good faith that the [defect](/usc/49/30102.md?p=a-3) is related to [motor vehicle safety](/usc/49/30102.md?p=a-9); or - (2) decides in good faith that the vehicle or equipment does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter. - (d) **Exemptions.—** On application of a [manufacturer](/usc/49/30102.md?p=a-6), the Secretary shall exempt the [manufacturer](/usc/49/30102.md?p=a-6) from this section if the Secretary decides a [defect](/usc/49/30102.md?p=a-3) or noncompliance is inconsequential to [motor vehicle safety](/usc/49/30102.md?p=a-9). The Secretary may take action under this subsection only after notice in the Federal Register and an opportunity for any interested person to present information, views, and arguments. - (e) **Hearings About Meeting Notification Requirements.—** On the motion of the Secretary or on petition of any interested person, the Secretary may conduct a hearing to decide whether the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) has reasonably met the notification requirements. If the Secretary decides that the [manufacturer](/usc/49/30102.md?p=a-6) has not reasonably met the notification requirements, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6) to take specified action to meet those requirements and may take any other action authorized under this chapter. - (f) **Reports on Notification Campaigns.—** - (1) **In general.—** Each [manufacturer](/usc/49/30102.md?p=a-6) that is conducting a campaign under subsection [(b)](#b) or [(c)](#c) or any other provision of law (including regulations) to notify [manufacturers](/usc/49/30102.md?p=a-6), [distributors](/usc/49/30102.md?p=a-4), owners, purchasers, or [dealers](/usc/49/30102.md?p=a-2) of a [defect](/usc/49/30102.md?p=a-3) or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration— - (A) by the applicable date described in [section 573.7(d) of title 49, Code of Federal Regulations](/cfr/49/573.7.md?p=d) (or a successor regulation), a quarterly report describing the campaign for each of 8 consecutive quarters, beginning with the quarter in which the campaign was initiated; and - (B) an annual report for each of the 3 years beginning after the date of completion of the last quarter for which a quarterly report is submitted under [subparagraph (A)](#f-1-A). - (2) **Requirements.—** Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of [section 573.7 of title 49, Code of Federal Regulations](/cfr/49/573.7.md) (or a successor regulation). # §30119. Notification procedures - (a) **Contents of Notification.—** Notification by a [manufacturer](/usc/49/30102.md?p=a-6) required under [section 30118 of this title](/usc/49/30118.md) of a [defect](/usc/49/30102.md?p=a-3) or noncompliance shall contain— - (1) a clear description of the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (2) an evaluation of the risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) reasonably related to the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (3) the measures to be taken to obtain a remedy of the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (4) a statement that the [manufacturer](/usc/49/30102.md?p=a-6) giving notice will remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge under [section 30120 of this title](/usc/49/30120.md); - (5) the earliest date on which the [defect](/usc/49/30102.md?p=a-3) or noncompliance will be remedied without charge, and for tires, the period during which the [defect](/usc/49/30102.md?p=a-3) or noncompliance will be remedied without charge under [section 30120 of this title](/usc/49/30120.md); - (6) the procedure the recipient of a notice is to follow to inform the Secretary of [Transportation](/usc/49/13907.md?p=e-2) when a [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), or [dealer](/usc/49/30102.md?p=a-2) does not remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge under [section 30120 of this title](/usc/49/30120.md); and - (7) other information the Secretary prescribes by regulation. - (b) **Earliest Remedy Date.—** The date specified by a [manufacturer](/usc/49/30102.md?p=a-6) in a notification under [subsection (a)(5)](#a-5) of this section or [section 30121(c)(2) of this title](/usc/49/30121.md?p=c-2) is the earliest date that parts and facilities reasonably can be expected to be available to remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance. The Secretary may disapprove the date. - (c) **Time for Notification.—** Notification required under [section 30118 of this title](/usc/49/30118.md) shall be given within a reasonable time— - (1) prescribed by the Secretary, after the [manufacturer](/usc/49/30102.md?p=a-6) receives notice of a final decision under [section 30118(b) of this title](/usc/49/30118.md?p=b); or - (2) after the [manufacturer](/usc/49/30102.md?p=a-6) first decides that a safety-related [defect](/usc/49/30102.md?p=a-3) or noncompliance exists under [section 30118(c) of this title](/usc/49/30118.md?p=c). - (d) **Means of Providing Notification.—** - (1) Notification required under [section 30118 of this title](/usc/49/30118.md) about a [motor vehicle](/usc/49/30102.md?p=a-7) shall be sent in the manner prescribed by the Secretary, by regulation— - (A) to each person registered under [State](/usc/49/30102.md?p=a-12) law as the owner and whose name and address are reasonably ascertainable by the [manufacturer](/usc/49/30102.md?p=a-6) through [State](/usc/49/30102.md?p=a-12) records or other available sources; or - (B) if a registered owner is not notified under clause (A) of this paragraph, to the most recent purchaser known to the [manufacturer](/usc/49/30102.md?p=a-6). - (2) Notification required under [section 30118 of this title](/usc/49/30118.md) about [replacement equipment](/usc/49/30102.md?p=b-1-D) shall be sent in the manner prescribed by the Secretary, by regulation, to the most recent purchaser known to the [manufacturer](/usc/49/30102.md?p=a-6). - (3) In addition to the notification required under paragraphs [(1)](#d-1) and [(2)](#d-2), if the Secretary decides that public notice is required for [motor vehicle safety](/usc/49/30102.md?p=a-9), public notice shall be given by the [manufacturer](/usc/49/30102.md?p=a-6) in the way required by the Secretary after consulting with the [manufacturer](/usc/49/30102.md?p=a-6). In deciding whether public notice is required, the Secretary shall consider— - (A) the magnitude of the risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) caused by the [defect](/usc/49/30102.md?p=a-3) or noncompliance; and - (B) the cost of public notice compared to the additional number of owners the notice may reach. - (4) A [dealer](/usc/49/30102.md?p=a-2) to whom a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) was delivered shall be notified in the manner prescribed by the Secretary, by regulation. - (e) **Additional Notification.—** - (1) **Second notification.—** If the Secretary decides that a notification sent by a [manufacturer](/usc/49/30102.md?p=a-6) under this section has not resulted in an adequate number of [motor vehicles](/usc/49/30102.md?p=a-7) or items of [replacement equipment](/usc/49/30102.md?p=b-1-D) being returned for remedy, the Secretary may order the [manufacturer](/usc/49/30102.md?p=a-6) to send a 2d notification in the way the Secretary prescribes by regulation. - (2) **Additional notifications.—** If the Secretary determines, after taking into account the severity of the [defect](/usc/49/30102.md?p=a-3) or noncompliance, that the second notification by a [manufacturer](/usc/49/30102.md?p=a-6) does not result in an adequate number of [motor vehicles](/usc/49/30102.md?p=a-7) or items of [replacement equipment](/usc/49/30102.md?p=b-1-D) being returned for remedy, the Secretary may order the [manufacturer](/usc/49/30102.md?p=a-6)— - (A) - (i) to send additional notifications in the manner prescribed by the Secretary, by regulation; or - (ii) to take additional steps to locate and notify each person registered under [State](/usc/49/30102.md?p=a-12) law as the owner or lessee or the most recent purchaser or lessee, as appropriate; and - (B) to emphasize the magnitude of the safety risk caused by the [defect](/usc/49/30102.md?p=a-3) or noncompliance in such notification. - (f) **Notification by Lessor to Lessee.—** - (1) In this subsection, “leased [motor vehicle](/usc/49/30102.md?p=a-7)” means a [motor vehicle](/usc/49/30102.md?p=a-7) that is leased to a person for at least 4 months by a lessor that has leased at least 5 [motor vehicles](/usc/49/30102.md?p=a-7) in the 12 months before the date of the notification. - (2) A lessor that receives a notification required by [section 30118 of this title](/usc/49/30118.md) about a leased [motor vehicle](/usc/49/30102.md?p=a-7) shall provide a copy of the notification to the lessee in the way the Secretary prescribes by regulation. - (g) **Information Regarding Components Involved in Recall.—** A [manufacturer](/usc/49/30102.md?p=a-6) that is required to furnish a report under [section 573.6 of title 49, Code of Federal Regulations](/cfr/49/573.6.md) (or any successor regulation) for a [defect](/usc/49/30102.md?p=a-3) or noncompliance in a [motor vehicle](/usc/49/30102.md?p=a-7) or in an item of original or [replacement equipment](/usc/49/30102.md?p=b-1-D) shall, if such [defect](/usc/49/30102.md?p=a-3) or noncompliance involves a specific component or components, include in such report, with respect to such component or components, the following information: - (1) The name of the component or components. - (2) A description of the component or components. - (3) The part number of the component or components, if any. # §30120. Remedies for defects and noncompliance - (a) **Ways To Remedy.—** - (1) Subject to subsections [(f)](#f) and [(g)](#g) of this section, when notification of a [defect](/usc/49/30102.md?p=a-3) or noncompliance is required under section [30118(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of this title, the [manufacturer](/usc/49/30102.md?p=a-6) of the defective or noncomplying [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) shall remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge when the vehicle or equipment is presented for remedy. Subject to subsections [(b)](#b) and [(c)](#c) of this section, the [manufacturer](/usc/49/30102.md?p=a-6) shall remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance in any of the following ways the [manufacturer](/usc/49/30102.md?p=a-6) chooses: - (A) if a vehicle— - (i) by repairing the vehicle; - (ii) by replacing the vehicle with an identical or reasonably equivalent vehicle; or - (iii) by refunding the purchase price, less a reasonable allowance for depreciation. - (B) if [replacement equipment](/usc/49/30102.md?p=b-1-D), by repairing the equipment, replacing the equipment with identical or reasonably equivalent equipment, or by refunding the purchase price. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe regulations to allow the [manufacturer](/usc/49/30102.md?p=a-6) to impose conditions on the replacement of a [motor vehicle](/usc/49/30102.md?p=a-7) or refund of its price. - (b) **Tire Remedies.—** - (1) A [manufacturer](/usc/49/30102.md?p=a-6) of a tire, including an [original equipment](/usc/49/30102.md?p=b-1-C) tire, shall remedy a defective or noncomplying tire if the owner or purchaser presents the tire for remedy not later than 180 days after the later of— - (A) the day the owner or purchaser receives notification under [section 30119 of this title](/usc/49/30119.md); or - (B) if the [manufacturer](/usc/49/30102.md?p=a-6) decides to replace the tire, the day the owner or purchaser receives notification that a replacement is available. - (2) If the [manufacturer](/usc/49/30102.md?p=a-6) decides to replace the tire and the replacement is not available during the 180-day period, the owner or purchaser must present the tire for remedy during a subsequent 180-day period that begins only after the owner or purchaser receives notification that a replacement will be available during the subsequent period. If tires are available during the subsequent period, only a tire presented for remedy during that period must be remedied. - (c) **Adequacy of Repairs.—** - (1) If a [manufacturer](/usc/49/30102.md?p=a-6) decides to repair a defective or noncomplying [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) and the repair is not done adequately within a reasonable time, the [manufacturer](/usc/49/30102.md?p=a-6) shall— - (A) replace the vehicle or equipment without charge with an identical or reasonably equivalent vehicle or equipment; or - (B) for a vehicle, refund the purchase price, less a reasonable allowance for depreciation. - (2) Failure to repair a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) 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](/usc/49/30102.md?p=a-6) in a notice under section [30119(a)(5)](/usc/49/30119.md?p=a-5) or [30121(c)(2)](/usc/49/30121.md?p=c-2) of this title is not a presentation under this subsection. - (3) If the Secretary determines that a [manufacturer](/usc/49/30102.md?p=a-6)’s remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the [manufacturer](/usc/49/30102.md?p=a-6) to accelerate the remedy program if the Secretary finds— - (A) that there is a risk of serious injury or death if the remedy program is not accelerated; and - (B) that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both. The Secretary may prescribe regulations to carry out this paragraph. - (d) **Filing Manufacturer’s Remedy Program.—** A [manufacturer](/usc/49/30102.md?p=a-6) shall file with the Secretary a copy of the [manufacturer](/usc/49/30102.md?p=a-6)’s program under this section for remedying a [defect](/usc/49/30102.md?p=a-3) or noncompliance. The Secretary shall make the program available to the public and publish a notice of availability in the Federal Register. A [manufacturer](/usc/49/30102.md?p=a-6)’s remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the [manufacturer](/usc/49/30102.md?p=a-6)’s notification under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan. In the case of a remedy program involving the replacement of tires, the [manufacturer](/usc/49/30102.md?p=a-6) shall include a plan addressing how to prevent, to the extent reasonably within the control of the [manufacturer](/usc/49/30102.md?p=a-6), replaced tires from being resold for installation on a [motor vehicle](/usc/49/30102.md?p=a-7), and how to limit, to the extent reasonably within the control of the [manufacturer](/usc/49/30102.md?p=a-6), the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The [manufacturer](/usc/49/30102.md?p=a-6) shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns. - (e) **Hearings About Meeting Remedy Requirements.—** On the motion of the Secretary or on application by any interested person, the Secretary may conduct a hearing to decide whether the [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6) has reasonably met the remedy requirements. If the Secretary decides a [manufacturer](/usc/49/30102.md?p=a-6) has not reasonably met the remedy requirements, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6) to take specified action to meet those requirements and may take any other action authorized under this chapter. - (f) **Fair Reimbursement to Dealers.—** - (1) **In general.—** A [manufacturer](/usc/49/30102.md?p=a-6)[^1] shall pay fair reimbursement to a [dealer](/usc/49/30102.md?p=a-2) providing a remedy without charge under this section if— - (A) at the time of providing service for each of the [manufacturer](/usc/49/30102.md?p=a-6)’s [motor vehicles](/usc/49/30102.md?p=a-7) it services, the [dealer](/usc/49/30102.md?p=a-2) notifies the owner or the individual requesting the service of any [open recall](#f-2); and - (B) the notification requirement under [subparagraph (A)](#f-1-A) is specified in a franchise, operating, or other agreement between the [dealer](/usc/49/30102.md?p=a-2) and the [manufacturer](/usc/49/30102.md?p=a-6). - (2) **Definition of open recall.—** In this subsection, the term “open recall” means a recall for which a notification by a [manufacturer](/usc/49/30102.md?p=a-6) has been provided under [section 30119](/usc/49/30119.md) and that has not been remedied under this section. - (g) **Nonapplication.—** - (1) The requirement that a remedy be provided without charge does not apply if the [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) was bought by the [first purchaser](/usc/49/30102.md?p=b-1-B) more than 15 calendar years, or the tire, including an [original equipment](/usc/49/30102.md?p=b-1-C) tire, was bought by the [first purchaser](/usc/49/30102.md?p=b-1-B) more than 5 calendar years, before notice is given under [section 30118(c) of this title](/usc/49/30118.md?p=c) or an order is issued under [section 30118(b) of this title](/usc/49/30118.md?p=b), whichever is earlier. - (2) This section does not apply during any period in which enforcement of an order under [section 30118(b) of this title](/usc/49/30118.md?p=b) is restrained or the order is set aside in a civil action to which [section 30121(d) of this title](/usc/49/30121.md?p=d) applies. - (h) **Exemptions.—** On application of a [manufacturer](/usc/49/30102.md?p=a-6), the Secretary shall exempt the [manufacturer](/usc/49/30102.md?p=a-6) from this section if the Secretary decides a [defect](/usc/49/30102.md?p=a-3) or noncompliance is inconsequential to [motor vehicle safety](/usc/49/30102.md?p=a-9). The Secretary may take action under this subsection only after notice in the Federal Register and an opportunity for any interested person to present information, views, and arguments. - (i) **Limitation on Sale or Lease of New Vehicles or Equipment, or Rental.—** - (1) **In general.—** If notification is required by an order under [section 30118(b) of this title](/usc/49/30118.md?p=b) or is required under [section 30118(c) of this title](/usc/49/30118.md?p=c) and the [manufacturer](/usc/49/30102.md?p=a-6) has provided to a [dealer](/usc/49/30102.md?p=a-2) (including retailers of [motor vehicle equipment](/usc/49/30102.md?p=a-8)) notification about a new [motor vehicle](/usc/49/30102.md?p=a-7) or new item of [replacement equipment](/usc/49/30102.md?p=b-1-D) in the [dealer](/usc/49/30102.md?p=a-2)’s possession at the time of notification or the [manufacturer](/usc/49/30102.md?p=a-6) has provided to a [rental company](/usc/49/30102.md?p=a-11) notification about a [covered rental vehicle](/usc/49/30102.md?p=a-1) in the company’s possession at the time of notification that contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter, the [dealer](/usc/49/30102.md?p=a-2) or [rental company](/usc/49/30102.md?p=a-11) may sell, lease, or rent the [motor vehicle](/usc/49/30102.md?p=a-7) or item of [replacement equipment](/usc/49/30102.md?p=b-1-D) only if— - (A) the [defect](/usc/49/30102.md?p=a-3) or noncompliance is remedied as required by this section before delivery under the sale, lease, or rental agreement; or - (B) when the notification is required by an order under [section 30118(b) of this title](/usc/49/30118.md?p=b), enforcement of the order is restrained or the order is set aside in a civil action to which [section 30121(d) of this title](/usc/49/30121.md?p=d) applies. - (2) **Rule of construction.—** Nothing in this subsection may be construed to prohibit a [dealer](/usc/49/30102.md?p=a-2) or [rental company](/usc/49/30102.md?p=a-11) from offering the vehicle or equipment for sale, lease, or rent. - (3) **Specific rules for rental companies.—** - (A) **In general.—** Except as otherwise provided under this paragraph, a [rental company](/usc/49/30102.md?p=a-11) shall comply with the limitations on sale, lease, or rental set forth in [subparagraph (C)](#i-3-C) and [paragraph (1)](#i-1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118 (including the vehicle identification number for the covered vehicle) by the [rental company](/usc/49/30102.md?p=a-11), whether by electronic means or first class mail. - (B) **Special rule for large vehicle fleets.—** Notwithstanding [subparagraph (A)](#i-3-A), if a [rental company](/usc/49/30102.md?p=a-11) receives a notice to owner covering more than 5,000 [motor vehicles](/usc/49/30102.md?p=a-7) in its fleet, the [rental company](/usc/49/30102.md?p=a-11) shall comply with the limitations on sale, lease, or rental set forth in [subparagraph (C)](#i-3-C) and [paragraph (1)](#i-1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118 (including the vehicle identification number for the covered vehicle) by the [rental company](/usc/49/30102.md?p=a-11), whether by electronic means or first class mail. - (C) **Special rule for when remedies not immediately available.—** If a notification required under subsection [(b)](/usc/49/30118.md?p=b) or [(c)](/usc/49/30118.md?p=c) of section 30118 indicates that the remedy for the [defect](/usc/49/30102.md?p=a-3) or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the [defect](/usc/49/30102.md?p=a-3) or noncompliance, the [rental company](/usc/49/30102.md?p=a-11), after causing the specified actions to be performed, may rent (but may not sell or lease) the [motor vehicle](/usc/49/30102.md?p=a-7). Once the remedy for the rental vehicle becomes available to the [rental company](/usc/49/30102.md?p=a-11), the [rental company](/usc/49/30102.md?p=a-11) may not rent the vehicle until the vehicle has been remedied, as provided in [subsection (a)](#a). - (D) **Inapplicability to junk automobiles.—** Notwithstanding [paragraph (1)](#i-1), this subsection does not prohibit a [rental company](/usc/49/30102.md?p=a-11) from selling a [covered rental vehicle](/usc/49/30102.md?p=a-1) if such vehicle— - (i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 ([49 U.S.C. 30501](/usc/49/30501.md)); - (ii) is retitled as a junk automobile pursuant to applicable [State](/usc/49/30102.md?p=a-12) law; and - (iii) is reported to the National [Motor Vehicle](/usc/49/30102.md?p=a-7) Information System, if required under section 204 of such Act ([49 U.S.C. 30504](/usc/49/30504.md)). - (j) **Prohibition on Sales of Replacement Equipment.—** No person may sell or lease any [motor vehicle equipment](/usc/49/30102.md?p=a-8) (including a tire), for installation on a [motor vehicle](/usc/49/30102.md?p=a-7), that is the subject of a decision under [section 30118(b)](/usc/49/30118.md?p=b) or a notice required under [section 30118(c)](/usc/49/30118.md?p=c) in a condition that it may be reasonably used for its original purpose unless— - (1) the [defect](/usc/49/30102.md?p=a-3) or noncompliance is remedied as required by this section before delivery under the sale or lease; or - (2) notification of the [defect](/usc/49/30102.md?p=a-3) or noncompliance is required under [section 30118(b)](/usc/49/30118.md?p=b) but enforcement of the order is set aside in a civil action to which [section 30121(d)](/usc/49/30121.md?p=d) applies. - (k) **Recall Completion Rates.—** - (1) **In general.—** The Administrator of the National Highway Traffic Safety Administration shall publish an annual list of recall completion rates for each recall campaign for which 8 quarterly reports have been submitted under [subsection (f)](/usc/49/30118.md?p=f) of section 30118 as of the date of publication of the list. - (2) **Requirements.—** The annual list under [paragraph (1)](#k-1) shall include— - (A) for each applicable campaign— - (i) the total number of vehicles subject to recall; and - (ii) the percentage of vehicles that have been remedied; and - (B) for each [manufacturer](/usc/49/30102.md?p=a-6) submitting an applicable quarterly report under [section 30118(f)](/usc/49/30118.md?p=f)— - (i) the total number of recalls issued by the [manufacturer](/usc/49/30102.md?p=a-6) during the year covered by the list; - (ii) the estimated number of vehicles of the [manufacturer](/usc/49/30102.md?p=a-6) subject to recall during the year covered by the list; and - (iii) the percentage of vehicles that have been remedied. # §30120A. Recall obligations and bankruptcy of a manufacturer A [manufacturer](/usc/49/30102.md?p=a-6)’s filing of a petition in bankruptcy under [chapter 7](/usc/49/chstI-ch7.md) or [chapter 11](/usc/11/ch11.md) of title 11 does not negate the [manufacturer](/usc/49/30102.md?p=a-6)’s duty to comply with [section 30112](/usc/49/30112.md) or [sections 30115 through 30120](/usc/49/30115..30120.md) of this title. In any bankruptcy proceeding, the [manufacturer](/usc/49/30102.md?p=a-6)’s obligations under such sections shall be treated as a claim of the United States Government against such [manufacturer](/usc/49/30102.md?p=a-6), subject to subchapter II of [chapter 37](/usc/31/chstIII-ch37.md) of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety [defect](/usc/49/30102.md?p=a-3) or noncompliance determined to exist in the [manufacturer](/usc/49/30102.md?p=a-6)’s products. This section shall apply equally to actions of a [manufacturer](/usc/49/30102.md?p=a-6) taken before or after the filing of a petition in bankruptcy. # §30121. Provisional notification and civil actions to enforce - (a) **Provisional Notification.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may order a [manufacturer](/usc/49/30102.md?p=a-6) to issue a provisional notification if a civil action about an order issued under [section 30118(b) of this title](/usc/49/30118.md?p=b) has been brought under [section 30163 of this title](/usc/49/30163.md). The provisional notification shall contain— - (A) a statement that the Secretary has decided that a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) or noncompliance with a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter exists and that the [manufacturer](/usc/49/30102.md?p=a-6) is contesting the decision in a civil action in a [United States district court](/usc/49/30102.md?p=a-13); - (B) a clear description of the Secretary’s stated basis for the decision; - (C) the Secretary’s evaluation of the risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) reasonably related to the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (D) measures the Secretary considers necessary to avoid an unreasonable risk to [motor vehicle safety](/usc/49/30102.md?p=a-9) resulting from the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (E) a statement that the [manufacturer](/usc/49/30102.md?p=a-6) will remedy the [defect](/usc/49/30102.md?p=a-3) or noncompliance without charge under [section 30120 of this title](/usc/49/30120.md), but that the requirement to remedy without charge is conditioned on the outcome of the civil action; and - (F) other information the Secretary prescribes by regulation or includes in the order requiring the notice. - (2) A notification under this subsection does not relieve a [manufacturer](/usc/49/30102.md?p=a-6) of liability for not giving notification required by an order under [section 30118(b) of this title](/usc/49/30118.md?p=b). - (b) **Civil Actions for Not Notifying.—** - (1) A [manufacturer](/usc/49/30102.md?p=a-6) that does not notify owners and purchasers under section [30119(c)](/usc/49/30119.md?p=c) and [(d)](/usc/49/30119.md?p=d) of this title is liable to the United States Government for a civil penalty, unless the [manufacturer](/usc/49/30102.md?p=a-6) prevails in a civil action referred to in [subsection (a)](#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](/usc/49/30102.md?p=a-6) has demonstrated the likelihood of prevailing on the merits. If enforcement is enjoined, the [manufacturer](/usc/49/30102.md?p=a-6) is not liable during the time the order is stayed. - (2) A [manufacturer](/usc/49/30102.md?p=a-6) that does not notify owners and purchasers as required under [subsection (a)](#a) of this section is liable for a civil penalty regardless of whether the [manufacturer](/usc/49/30102.md?p=a-6) prevails in an action on the validity of the order issued under [section 30118(b) of this title](/usc/49/30118.md?p=b). - (c) **Orders to Manufacturers.—** If the Secretary prevails in a civil action referred to in [subsection (a)](#a) of this section, the Secretary shall order the [manufacturer](/usc/49/30102.md?p=a-6)— - (1) to notify each owner, purchaser, and [dealer](/usc/49/30102.md?p=a-2) described in [section 30119(d) of this title](/usc/49/30119.md?p=d) 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](/usc/49/30118.md?p=b); - (2) to specify the earliest date under [section 30119(b) of this title](/usc/49/30119.md?p=b) on which the [defect](/usc/49/30102.md?p=a-3) or noncompliance will be remedied without charge under [section 30120 of this title](/usc/49/30120.md); and - (3) if notification was required under [subsection (a)](#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)](#a)) incurred for repairing the [defect](/usc/49/30102.md?p=a-3) or noncompliance during the period beginning on the date that notification was required to be issued and ending on the date the owner or purchaser receives the notification under this subsection. - (d) **Venue.—** Notwithstanding [section 30163(c) of this title](/usc/49/30163.md?p=c), a civil action about an order issued under [section 30118(b) of this title](/usc/49/30118.md?p=b) must be brought in the [United States district court](/usc/49/30102.md?p=a-13) for a judicial district in the [State](/usc/49/30102.md?p=a-12) in which the [manufacturer](/usc/49/30102.md?p=a-6) 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)](/usc/49/30118.md?p=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. # §30122. Making safety devices and elements inoperative - (a) **Definition.—** In this section, “[motor vehicle](/usc/49/30102.md?p=a-7) repair business” means a person holding itself out to the public to repair for compensation a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8). - (b) **Prohibition.—** A [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), [rental company](/usc/49/30102.md?p=a-11), or [motor vehicle](/usc/49/30102.md?p=a-7) repair business may not knowingly make inoperative any part of a device or element of design installed on or in a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) in compliance with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter unless the [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), [rental company](/usc/49/30102.md?p=a-11), or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative. - (c) **Regulations.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may prescribe regulations— - (1) to exempt a person from this section if the Secretary decides the exemption is consistent with [motor vehicle safety](/usc/49/30102.md?p=a-9) and [section 30101 of this title](/usc/49/30101.md); and - (2) to define “make inoperative”. # §30123. Tires - (a) **Regrooved Tire Limitations.—** - (1) In this subsection, “regrooved tire” means a tire with a new tread produced by cutting into the tread of a worn tire. - (2) The Secretary may authorize the sale, offer for sale, introduction for sale, or delivery for introduction in [interstate commerce](/usc/49/30102.md?p=a-5), of a regrooved tire or a [motor vehicle](/usc/49/30102.md?p=a-7) equipped with regrooved tires if the Secretary decides the tires are designed and made in a way consistent with [section 30101 of this title](/usc/49/30101.md). A person may not sell, offer for sale, introduce for sale, or deliver for introduction in [interstate commerce](/usc/49/30102.md?p=a-5), a regrooved tire or a vehicle equipped with regrooved tires unless authorized by the Secretary. - (b) **Uniform Quality Grading System, Nomenclature, and Marketing Practices.—** The Secretary shall prescribe through standards a uniform quality grading system for [motor vehicle](/usc/49/30102.md?p=a-7) tires to help consumers make an informed choice when purchasing tires. The Secretary also shall cooperate with industry and the Federal Trade Commission to the greatest extent practicable to eliminate deceptive and confusing tire nomenclature and marketing practices. A tire standard or regulation prescribed under this chapter supersedes an order or administrative interpretation of the Commission. - (c) **Maximum Load Standards.—** The Secretary shall require a [motor vehicle](/usc/49/30102.md?p=a-7) 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](/usc/49/30102.md?p=a-6) or by the [first purchaser](/usc/49/30102.md?p=b-1-B) when the vehicle is first bought in good faith other than for resale. # §30124. Nonuse of safety belts A [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter may not require a [manufacturer](/usc/49/30102.md?p=a-6) to comply with the standard by using a safety belt interlock designed to prevent starting or operating a [motor vehicle](/usc/49/30102.md?p=a-7) if an occupant is not using a safety belt. # §30125. Schoolbuses and schoolbus equipment - (a) **Definitions.—** In this section— - (1) “schoolbus” means a passenger [motor vehicle](/usc/49/30102.md?p=a-7) designed to carry a driver and more than 10 passengers, that the Secretary of [Transportation](/usc/49/13907.md?p=e-2) decides is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school. - (2) “schoolbus equipment” means equipment designed primarily for a [schoolbus](#a-1) or manufactured or sold to replace or improve a system, part, or component of a [schoolbus](#a-1) or as an accessory or addition to a [schoolbus](#a-1). - (b) **Standards.—** The Secretary shall prescribe [motor vehicle safety standards](/usc/49/30102.md?p=a-10) for [schoolbuses](#a-1) and [schoolbus equipment](#a-2) manufactured in, or imported into, the United States. Standards shall include minimum performance requirements for— - (1) emergency exits; - (2) interior protection for occupants; - (3) floor strength; - (4) seating systems; - (5) crashworthiness of body and frame (including protection against rollover hazards); - (6) vehicle operating systems; - (7) windows and windshields; and - (8) fuel systems. - (c) **Test Driving by Manufacturers.—** The Secretary may require by regulation a [schoolbus](#a-1) to be test-driven by a [manufacturer](/usc/49/30102.md?p=a-6) before introduction in commerce. # §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](/usc/49/30102.md?p=a-12) inspection of used [motor vehicles](/usc/49/30102.md?p=a-7). Therefore, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall prescribe uniform [motor vehicle safety standards](/usc/49/30102.md?p=a-10) applicable to all used [motor vehicles](/usc/49/30102.md?p=a-7). The standards shall be stated in terms of [motor vehicle safety](/usc/49/30102.md?p=a-9) performance. # §30127. Automatic occupant crash protection and seat belt use - (a) **Definitions.—** In this section— - (1) “bus” means a [motor vehicle](/usc/49/30102.md?p=a-7) with motive power (except a trailer) designed to carry more than 10 individuals. - (2) “multipurpose passenger vehicle” means a [motor vehicle](/usc/49/30102.md?p=a-7) with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a [truck](#a-4) chassis or with special features for occasional off-road operation. - (3) “passenger car” means a [motor vehicle](/usc/49/30102.md?p=a-7) with motive power (except a [multipurpose passenger vehicle](#a-2), motorcycle, or trailer) designed to carry not more than 10 individuals. - (4) “truck” means a [motor vehicle](/usc/49/30102.md?p=a-7) with motive power (except a trailer) designed primarily to transport property or special purpose equipment. - (b) **Inflatable Restraint Requirements.—** - (1) Not later than September 1, 1993, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall prescribe under this chapter an amendment to Federal [Motor Vehicle Safety Standard](/usc/49/30102.md?p=a-10) 208 issued under the National Traffic and Motor Vehicle Safety Act of 1966. The amendment shall require that the automatic occupant crash protection system for both of the front outboard seating positions for each of the following vehicles be an inflatable restraint (with lap and shoulder belts) complying with the occupant protection requirements under section 4.1.2.1 of Standard 208: - (A) 95 percent of each [manufacturer](/usc/49/30102.md?p=a-6)’s annual production of [passenger cars](#a-3) manufactured after August 31, 1996, and before September 1, 1997. - (B) 80 percent of each [manufacturer](/usc/49/30102.md?p=a-6)’s annual production of [buses](#a-1), [multipurpose passenger vehicles](#a-2), and [trucks](#a-4) (except walk-in van-type [trucks](#a-4) and vehicles designed to be sold only to the United States Postal Service) with a gross vehicle weight rating of not more than 8,500 pounds and an unloaded vehicle weight of not more than 5,500 pounds manufactured after August 31, 1997, and before September 1, 1998. - (C) 100 percent of each [manufacturer](/usc/49/30102.md?p=a-6)’s annual production of [passenger cars](#a-3) manufactured after August 31, 1997. - (D) 100 percent of each [manufacturer](/usc/49/30102.md?p=a-6)’s annual production of vehicles described in clause (B) of this paragraph manufactured after August 31, 1998. - (2) [Manufacturers](/usc/49/30102.md?p=a-6) may not use credits and incentives available before September 1, 1998, under the provisions of Standard 208 (as amended by this section) to comply with the requirements of paragraph (1)(D) of this subsection after August 31, 1998. - (c) **Owner Manual Requirements.—** In amending Standard 208, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall require, to be effective as soon as possible after the amendment is prescribed, that owner manuals for [passenger cars](#a-3), [buses](#a-1), [multipurpose passenger vehicles](#a-2), and [trucks](#a-4) equipped with an inflatable restraint include a statement in an easily understandable format stating that— - (1) either or both of the front outboard seating positions of the vehicle are equipped with an inflatable restraint referred to as an “airbag” and a lap and shoulder belt; - (2) the “airbag” is a supplemental restraint and is not a substitute for lap and shoulder belts; - (3) lap and shoulder belts also must be used correctly by an occupant in a front outboard seating position to provide restraint or protection from frontal crashes as well as other types of crashes or accidents; and - (4) occupants should always wear their lap and shoulder belts, if available, or other safety belts, whether or not there is an inflatable restraint. - (d) **Seat Belt Use Laws.—** Congress finds that it is in the public interest for each [State](/usc/49/30102.md?p=a-12) to adopt and enforce mandatory seat belt use laws and for the United States Government to adopt and enforce mandatory seat belt use regulations. - (e) **Temporary Exemptions.—** - (1) On application of a [manufacturer](/usc/49/30102.md?p=a-6), the Secretary of [Transportation](/usc/49/13907.md?p=e-2) may exempt, on a temporary basis, [motor vehicles](/usc/49/30102.md?p=a-7) of that [manufacturer](/usc/49/30102.md?p=a-6) from any requirement under subsections [(b)](#b) and [(c)](#c) of this section on terms the Secretary considers appropriate. An exemption may be renewed. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) 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](/usc/49/30102.md?p=a-6) because of an unavoidable event not under the control of the [manufacturer](/usc/49/30102.md?p=a-6) that will prevent the [manufacturer](/usc/49/30102.md?p=a-6) from meeting its anticipated production volume of vehicles with those restraints. - (3) Only an affected [manufacturer](/usc/49/30102.md?p=a-6) may apply for an exemption. The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall prescribe in the amendment to Standard 208 required under this section the information an affected [manufacturer](/usc/49/30102.md?p=a-6) must include in its application under this subsection. The [manufacturer](/usc/49/30102.md?p=a-6) shall specify in the application the models, lines, and types of vehicles affected. The Secretary may consolidate similar applications from different [manufacturers](/usc/49/30102.md?p=a-6). - (4) An exemption or renewal of an exemption is conditioned on the commitment of the [manufacturer](/usc/49/30102.md?p=a-6) to recall the exempted vehicles for installation of the omitted inflatable restraints within a reasonable time that the [manufacturer](/usc/49/30102.md?p=a-6) proposes and the Secretary of [Transportation](/usc/49/13907.md?p=e-2) approves after the components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. - (5) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall publish in the Federal Register a notice of each application under this subsection and each decision to grant or deny a temporary exemption and the reasons for the decision. - (6) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) 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](/usc/49/30102.md?p=a-2) and the [first purchaser](/usc/49/30102.md?p=b-1-B) of each exempted vehicle other than for resale, with the notice being provided in a way, and containing the information, the Secretary considers appropriate. - (f) **Application.—** - (1) This section revises, but does not replace, Standard 208 as in effect on December 18, 1991, including the amendment of March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the requirements for automatic crash protection, with incentives for more innovative automatic crash protection, to [trucks](#a-4), [buses](#a-1), and [multipurpose passenger vehicles](#a-2). This section may not be construed as— - (A) affecting another provision of law carried out by the Secretary of [Transportation](/usc/49/13907.md?p=e-2) applicable to [passenger cars](#a-3), [buses](#a-1), [multipurpose passenger vehicles](#a-2), or [trucks](#a-4); or - (B) establishing a precedent related to developing or prescribing a Government [motor vehicle safety standard](/usc/49/30102.md?p=a-10). - (2) This section and amendments to Standard 208 made under this section may not be construed as indicating an intention by Congress to affect any liability of a [motor vehicle](/usc/49/30102.md?p=a-7) [manufacturer](/usc/49/30102.md?p=a-6) under applicable law related to vehicles with or without inflatable restraints. - (g) **Report.—** - (1) On October 1, 1992, and annually after that date through October 1, 2000, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall submit reports on the effectiveness of occupant restraint systems expressed as a percentage reduction in fatalities or injuries of restrained occupants compared to unrestrained occupants for— - (A) a combination of inflated restraints and lap and shoulder belts; - (B) inflated restraints only; and - (C) lap and shoulder belts only. - (2) In consultation with the Secretaries of Labor and Defense, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) also shall provide information and analysis on lap and shoulder belt use, nationally and in each [State](/usc/49/30102.md?p=a-12) by— - (A) military personnel; - (B) Government, [State](/usc/49/30102.md?p=a-12), and local law enforcement officers; - (C) other Government and [State](/usc/49/30102.md?p=a-12) employees; and - (D) the public. - (h) **Airbags for Government Cars.—** In cooperation with the Administrator of General Services and the heads of appropriate departments, [agencies](/usc/49/114.md?p=n-2-A-i), and instrumentalities of the Government, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall establish a program, consistent with applicable procurement laws of the Government and available appropriations, requiring that all [passenger cars](#a-3) acquired— - (1) after September 30, 1994, for use by the Government be equipped, to the maximum extent practicable, with driver-side inflatable restraints; and - (2) after September 30, 1996, for use by the Government be equipped, to the maximum extent practicable, with inflatable restraints for both front outboard seating positions. # §30128. Vehicle rollover prevention and crash mitigation - (a) **In General.—** The Secretary shall initiate rulemaking proceedings, for the purpose of establishing rules or standards that will reduce vehicle rollover crashes and mitigate deaths and injuries associated with such crashes for [motor vehicles](/usc/49/30102.md?p=a-7) with a gross vehicle weight rating of not more than 10,000 pounds. - (b) **Rollover Prevention.—** One of the rulemaking proceedings initiated under [subsection (a)](#a) shall be to establish performance criteria to reduce the occurrence of rollovers consistent with stability enhancing technologies. The Secretary shall issue a proposed rule in this proceeding by rule by October 1, 2006, and a final rule by April 1, 2009. - (c) **Occupant Ejection Prevention.—** - (1) **In general.—** The Secretary shall also initiate a rulemaking proceeding to establish performance standards to reduce complete and partial ejections of vehicle occupants from outboard seating positions. In formulating the standards the Secretary shall consider various ejection mitigation systems. The Secretary shall issue a final rule under this paragraph no later than October 1, 2009. - (2) **Door locks and door retention.—** The Secretary shall complete the rulemaking proceeding initiated to upgrade Federal [Motor Vehicle Safety Standard](/usc/49/30102.md?p=a-10) No. 206, relating to door locks and door retention, no later than 30 months after the date of enactment of this section. - (d) **Protection of Occupants.—** One of the rulemaking proceedings initiated under [subsection (a)](#a) shall be to establish performance criteria to upgrade Federal [Motor Vehicle Safety Standard](/usc/49/30102.md?p=a-10) No. 216 relating to roof strength for driver and passenger sides. The Secretary may consider industry and independent dynamic tests that realistically duplicate the actual forces transmitted during a rollover crash. The Secretary shall issue a proposed rule by December 31, 2005, and a final rule by July 1, 2008. - (e) **Deadlines.—** If the Secretary determines that the deadline for a final rule under this section cannot be met, the Secretary shall— - (1) notify the Senate Committee on Commerce, Science, and [Transportation](/usc/49/13907.md?p=e-2) and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and - (2) establish a new deadline. # §30129. Crash avoidance technology - (a) **In General.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall promulgate a rule— - (1) to establish minimum performance standards with respect to crash avoidance technology; and - (2) to require that all passenger [motor vehicles](/usc/49/30102.md?p=a-7) manufactured for sale in the United States on or after the compliance date described in [subsection (b)](#b) shall be equipped with— - (A) a forward collision warning and automatic emergency braking system that— - (i) alerts the driver if— - (I) the distance to a vehicle ahead or an object in the path of travel ahead is closing too quickly; and - (II) a collision is imminent; and - (ii) automatically applies the brakes if the driver fails to do so; and - (B) a lane departure warning and lane-keeping assist system that— - (i) warns the driver to maintain the lane of travel; and - (ii) corrects the course of travel if the driver fails to do so. - (b) **Compliance Date.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall determine the appropriate effective date, and any phasing-in of requirements, of the final rule promulgated pursuant to [subsection (a)](#a). # §30141. Importing motor vehicles capable of complying with standards - (a) **General.—** [Section 30112(a) of this title](/usc/49/30112.md?p=a) does not apply to a [motor vehicle](/usc/49/30102.md?p=a-7) if— - (1) on the initiative of the Secretary of [Transportation](/usc/49/13907.md?p=e-2) or on petition of a [manufacturer](/usc/49/30102.md?p=a-6) or importer registered under [subsection (c)](#c) of this section, the Secretary decides— - (A) the vehicle is— - (i) substantially similar to a [motor vehicle](/usc/49/30102.md?p=a-7) originally manufactured for import into and sale in the United States; - (ii) certified under [section 30115 of this title](/usc/49/30115.md); - (iii) the same model year (as defined under regulations of the Secretary of [Transportation](/usc/49/13907.md?p=e-2)) as the model of the [motor vehicle](/usc/49/30102.md?p=a-7) it is being compared to; and - (iv) capable of being readily altered to comply with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter; or - (B) if there is no substantially similar United States [motor vehicle](/usc/49/30102.md?p=a-7), 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](/usc/49/13907.md?p=e-2) decides is adequate; - (2) the vehicle is imported by a registered importer; and - (3) the registered importer pays the annual fee the Secretary of [Transportation](/usc/49/13907.md?p=e-2) establishes under [subsection (e)](#e) of this section to pay for the costs of carrying out the registration program for importers under [subsection (c)](#c) of this section and any other fees the Secretary of [Transportation](/usc/49/13907.md?p=e-2) establishes to pay for the costs of— - (A) processing bonds provided to the Secretary of the Treasury under [subsection (d)](#d) of this section; and - (B) making the decisions under this subchapter. - (b) **Procedures on Deciding on Motor Vehicle Capability.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall establish by regulation procedures for making a decision under [subsection (a)(1)](#a-1) of this section and the information a petitioner must provide to show clearly that the [motor vehicle](/usc/49/30102.md?p=a-7) is capable of being brought into compliance with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) 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](/usc/49/30102.md?p=a-6). If the Secretary makes a negative decision, the Secretary may not make another decision for the same model until at least 3 calendar months have elapsed after the negative decision. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall publish each year in the Federal Register a list of all decisions made under [subsection (a)(1)](#a-1) of this section. Each published decision applies to the model of the [motor vehicle](/usc/49/30102.md?p=a-7) for which the decision was made. A positive decision permits another importer registered under [subsection (c)](#c) of this section to import a vehicle of the same model under this section if the importer complies with all the terms of the decision. - (c) **Registration.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall establish procedures for registering a person who complies with requirements prescribed by the Secretary by regulation under this subsection, including— - (A) recordkeeping requirements; - (B) inspection of records and facilities related to [motor vehicles](/usc/49/30102.md?p=a-7) the person has imported, altered, or both; and - (C) requirements that ensure that the importer (or a successor in interest) will be able technically and financially to carry out responsibilities under sections [30117(b)](/usc/49/30117.md?p=b), 30118–30121, and [30166(f)](/usc/49/30166.md?p=f) of this title. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall deny registration to a person whose registration is revoked under paragraph (4) of this subsection. - (3) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph (4) of this subsection. - (4) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall establish procedures for— - (A) revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of sections [30112](/usc/49/30112.md), [30115](/usc/49/30115.md), 30117–30122, [30125(c)](/usc/49/30125.md?p=c), [30127](/usc/49/30127.md), or [30166](/usc/49/30166.md) of this title or regulations prescribed under this subchapter or any of those sections; - (B) automatically suspending a registration for not paying a fee under [subsection (a)(3)](#a-3) of this section in a timely manner or for knowingly filing a false or misleading certification under [section 30146 of this title](/usc/49/30146.md); and - (C) reinstating suspended registrations. - (d) **Bonds.—** - (1) A person importing a [motor vehicle](/usc/49/30102.md?p=a-7) under this section shall provide a bond to the Secretary of the Treasury (acting for the Secretary of [Transportation](/usc/49/13907.md?p=e-2)) and comply with the terms the Secretary of [Transportation](/usc/49/13907.md?p=e-2) decides are appropriate to ensure that the vehicle— - (A) will comply with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter within a reasonable time (specified by the Secretary of [Transportation](/usc/49/13907.md?p=e-2)) after the vehicle is imported; or - (B) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government. - (2) The amount of the bond provided under this subsection shall be at least equal to the dutiable value of the [motor vehicle](/usc/49/30102.md?p=a-7) (as determined by the Secretary of the Treasury) but not more than 150 percent of that value. - (e) **Fee Review, Adjustment, and Use.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) 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)](#a-3) of this section. The Secretary of [Transportation](/usc/49/13907.md?p=e-2) 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](/usc/49/13907.md?p=e-2)— - (1) in carrying out this section and sections [30146(a)–(c)(1)](/usc/49/30146.md?p=a..c-1), [(d)](/usc/49/30146.md?p=d), and [(e)](/usc/49/30146.md?p=e) and [30147(b)](/usc/49/30147.md?p=b) of this title; and - (2) in advancing to the Secretary of the Treasury amounts for costs incurred under this section and [section 30146 of this title](/usc/49/30146.md) to reimburse the Secretary of the Treasury for those costs. # §30142. Importing motor vehicles for personal use - (a) **General.—** [Section 30112(a) of this title](/usc/49/30112.md?p=a) does not apply to an imported [motor vehicle](/usc/49/30102.md?p=a-7) if— - (1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections [30143](/usc/49/30143.md) and [30144](/usc/49/30144.md) of this title); - (2) the vehicle is imported after January 31, 1990; and - (3) the individual takes the actions required under [subsection (b)](#b) of this section to receive an exemption. - (b) **Exemptions.—** - (1) To receive an exemption under [subsection (a)](#a) of this section, an individual must— - (A) provide the Secretary of the Treasury (acting for the Secretary of [Transportation](/usc/49/13907.md?p=e-2)) with— - (i) an appropriate bond in an amount determined under [section 30141(d) of this title](/usc/49/30141.md?p=d); - (ii) a copy of an agreement with an importer registered under [section 30141(c) of this title](/usc/49/30141.md?p=c) for bringing the [motor vehicle](/usc/49/30102.md?p=a-7) into compliance with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter; and - (iii) a certification that the vehicle meets the requirement of section [30141(a)(1)(A)](/usc/49/30141.md?p=a-1-A) or [(B)](/usc/49/30141.md?p=a-1-B) of this title; and - (B) comply with appropriate terms the Secretary of [Transportation](/usc/49/13907.md?p=e-2) imposes to ensure that the vehicle— - (i) will be brought into compliance with those standards within a reasonable time (specified by the Secretary of [Transportation](/usc/49/13907.md?p=e-2)) after the vehicle is imported; or - (ii) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government. - (2) For good cause shown, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) may allow an individual additional time, but not more than 30 days after the day on which the [motor vehicle](/usc/49/30102.md?p=a-7) is offered for import, to comply with paragraph (1)(A)(ii) of this subsection. # §30143. Motor vehicles imported by individuals employed outside the United States - (a) **Definition.—** In this section, “assigned place of employment” means— - (1) the principal location at which an individual is permanently or indefinitely assigned to work; and - (2) for a member of the uniformed services, the individual’s permanent duty station. - (b) **General.—** [Section 30112(a) of this title](/usc/49/30112.md?p=a) does not apply to a [motor vehicle](/usc/49/30102.md?p=a-7) imported for personal use, and not for resale, by an individual— - (1) whose assigned place of employment was outside the United States as of October 31, 1988, and who has not had an assigned place of employment in the United States from that date through the date the vehicle is imported into the United States; - (2) who previously had not imported a [motor vehicle](/usc/49/30102.md?p=a-7) into the United States under this section or [section 108(g)](/usc/49/108.md?p=g) of the National Traffic and Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under [section 108(b)(3)](/usc/49/108.md) of that Act; - (3) who acquired, or made a binding contract to acquire, the vehicle before October 31, 1988; - (4) who imported the vehicle into the United States not later than October 31, 1992; and - (5) who satisfies [section 108(b)(3)](/usc/49/108.md) of that Act as in effect on October 30, 1988. - (c) **Certification.—** [Subsection (b)](#b) of this section is carried out by certification in the form the Secretary of [Transportation](/usc/49/13907.md?p=e-2) or the Secretary of the Treasury may prescribe. # §30144. Importing motor vehicles on a temporary basis - (a) **General.—** [Section 30112(a) of this title](/usc/49/30112.md?p=a) does not apply to a [motor vehicle](/usc/49/30102.md?p=a-7) imported on a temporary basis for personal use by an individual who is a member of— - (1) - (A) the personnel of the government of a foreign country on assignment in the United States or a member of the Secretariat of a public international organization designated under the International Organizations Immunities Act ([22 U.S.C. 288](/usc/22/288.md) et seq.); and - (B) the class of individuals for whom the Secretary of State has authorized free importation of [motor vehicles](/usc/49/30102.md?p=a-7); or - (2) the armed forces of a foreign country on assignment in the United States. - (b) **Verification.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) or the Secretary of the Treasury may require verification, that the Secretary of [Transportation](/usc/49/13907.md?p=e-2) considers appropriate, that an individual is a member described under [subsection (a)](#a) of this section. The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall ensure that a [motor vehicle](/usc/49/30102.md?p=a-7) imported under this section will be exported (at no cost to the United States Government) or abandoned to the Government when the individual no longer— - (1) resides in the United States; and - (2) is a member described under [subsection (a)](#a) of this section. - (c) **Sale in the United States.—** A [motor vehicle](/usc/49/30102.md?p=a-7) imported under this section may not be sold when in the United States. # §30145. Importing motor vehicles or equipment requiring further manufacturing [Section 30112(a) of this title](/usc/49/30112.md?p=a) does not apply to a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) if the vehicle or equipment— - (1) requires further manufacturing to perform its intended function as decided under regulations prescribed by the Secretary of [Transportation](/usc/49/13907.md?p=e-2); and - (2) is accompanied at the time of importation by a written statement issued by the [manufacturer](/usc/49/30102.md?p=a-6) indicating the applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter with which it does not comply. # §30146. Release of motor vehicles and bonds - (a) **Compliance Certification and Bond.—** - (1) Except as provided in subsections [(c)](#c) and [(d)](#d) of this section, an importer registered under [section 30141(c) of this title](/usc/49/30141.md?p=c) may license or register an imported [motor vehicle](/usc/49/30102.md?p=a-7) for use on public streets, roads, or highways, or release custody of a [motor vehicle](/usc/49/30102.md?p=a-7) imported by the registered importer or imported by an individual under [section 30142 of this title](/usc/49/30142.md) and altered by the registered importer to meet applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) 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](/usc/49/13907.md?p=e-2), in the way the Secretary prescribes, that the [motor vehicle](/usc/49/30102.md?p=a-7) 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)](#c) of this section. - (2) The Secretaries of [Transportation](/usc/49/13907.md?p=e-2) and the Treasury shall prescribe regulations— - (A) ensuring the release of a [motor vehicle](/usc/49/30102.md?p=a-7) and bond required under [section 30141(d) of this title](/usc/49/30141.md?p=d) at the end of the 30-day period, unless the Secretary of [Transportation](/usc/49/13907.md?p=e-2) issues a notice of an inspection under [subsection (c)](#c) of this section; and - (B) providing that the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall release the vehicle and bond promptly after an inspection under [subsection (c)](#c) of this section showing compliance with the standards applicable to the vehicle. - (3) Each registered importer shall include on each [motor vehicle](/usc/49/30102.md?p=a-7) released under this subsection a label prescribed by the Secretary of [Transportation](/usc/49/13907.md?p=e-2) identifying the importer and stating that the vehicle has been altered by the importer to comply with the standards applicable to the vehicle. - (b) **Reliance on Manufacturer’s Certification.—** In making a certification under [subsection (a)(1)](#a-1) of this section, the registered importer may rely on the [manufacturer](/usc/49/30102.md?p=a-6)’s certification for the model to which the [motor vehicle](/usc/49/30102.md?p=a-7) 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](/usc/49/13907.md?p=e-2) prescribes. - (c) **Evidence of Compliance.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may require that the certification under [subsection (a)(1)](#a-1) of this section be accompanied by evidence of compliance the Secretary considers appropriate or may inspect the certified [motor vehicle](/usc/49/30102.md?p=a-7), or both. If the Secretary gives notice of an inspection, an importer may release the vehicle only after— - (A) an inspection showing the [motor vehicle](/usc/49/30102.md?p=a-7) complies with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter for which the inspection was made; and - (B) release of the vehicle by the Secretary. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall inspect periodically a representative number of [motor vehicles](/usc/49/30102.md?p=a-7) for which certifications have been filed under [subsection (a)(1)](#a-1) of this section. In carrying out a [motor vehicle](/usc/49/30102.md?p=a-7) testing program under this chapter, the Secretary shall include a representative number of [motor vehicles](/usc/49/30102.md?p=a-7) for which certifications have been filed under [subsection (a)(1)](#a-1). - (d) **Challenging the Certification.—** A [motor vehicle](/usc/49/30102.md?p=a-7) or bond may not be released under [subsection (a)](#a) of this section if the Secretary of [Transportation](/usc/49/13907.md?p=e-2), not later than 30 days after receiving a certification under [subsection (a)(1)](#a-1) of this section, gives written notice that the Secretary believes or has reason to believe that the certification is false or contains a mispresentation.[^1] The vehicle and bond may be released only after the Secretary is satisfied with the certification and any modification of the certification. - (e) **Bond Release.—** A release of a bond required under [section 30141(d) of this title](/usc/49/30141.md?p=d) 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](/usc/49/13907.md?p=e-2) under section [30118(a)](/usc/49/30118.md?p=a) or [(b)](/usc/49/30118.md?p=b) of this title of compliance with applicable [motor vehicle safety standards](/usc/49/30102.md?p=a-10) prescribed under this chapter. # §30147. Responsibility for defects and noncompliance - (a) **Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.—** - (1) In carrying out sections [30117(b)](/usc/49/30117.md?p=b), 30118–30121, and [30166(f)](/usc/49/30166.md?p=f) of this title— - (A) for a [defect](/usc/49/30102.md?p=a-3) or noncompliance with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter for a [motor vehicle](/usc/49/30102.md?p=a-7) originally manufactured for import into the United States, an imported [motor vehicle](/usc/49/30102.md?p=a-7) having a valid certification under [section 30146(a)(1) of this title](/usc/49/30146.md?p=a-1) and decided to be substantially similar to that [motor vehicle](/usc/49/30102.md?p=a-7) shall be deemed as having the same [defect](/usc/49/30102.md?p=a-3) or as not complying with the same standard unless the [manufacturer](/usc/49/30102.md?p=a-6) or importer registered under [section 30141(c) of this title](/usc/49/30141.md?p=c) demonstrates otherwise to the Secretary of [Transportation](/usc/49/13907.md?p=e-2); and - (B) the registered importer shall be deemed to be the [manufacturer](/usc/49/30102.md?p=a-6) of any [motor vehicle](/usc/49/30102.md?p=a-7) that the importer imports or brings into compliance with the standards for an individual under [section 30142 of this title](/usc/49/30142.md). - (2) The Secretary shall publish in the Federal Register notice of any [defect](/usc/49/30102.md?p=a-3) or noncompliance under paragraph (1)(A) of this subsection. - (b) **Financial Responsibility Requirement.—** The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections [30117(b)](/usc/49/30117.md?p=b), 30118–30121, and [30166(f)](/usc/49/30166.md?p=f) of this title. # §30161. Judicial review of standards - (a) **Filing and Venue.—** A person adversely affected by an order prescribing a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) under this chapter may apply for review of the order by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 59 days after the order is issued. - (b) **Notifying Secretary.—** The clerk of the court shall send immediately a copy of the petition to the Secretary of [Transportation](/usc/49/13907.md?p=e-2). The Secretary shall file with the court a record of the proceeding in which the order was prescribed. - (c) **Additional Proceedings.—** - (1) On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence in rebuttal if the court is satisfied that the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary. - (2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside the order, and the additional evidence with the court. - (d) **Certified Copies of Records of Proceedings.—** The Secretary shall give any interested person a certified copy of the transcript of the record in a proceeding under this section on request and payment of costs. A certified copy of the record of the proceeding is admissible in a proceeding arising out of a matter under this chapter, regardless of whether the proceeding under this section has begun or becomes final. - (e) **Finality of Judgment and Supreme Court Review.—** A judgment of a court under this section is final and may be reviewed only by the Supreme Court under [section 1254 of title 28](/usc/28/1254.md). # §30162. Petitions by interested persons for standards and enforcement - (a) **Filing.—** Any interested person may file a petition with the Secretary of [Transportation](/usc/49/13907.md?p=e-2) requesting the Secretary to begin a proceeding— - (1) to prescribe a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) under this chapter; or - (2) to decide whether to issue an order under [section 30118(b) of this title](/usc/49/30118.md?p=b). - (b) **Statement of Facts.—** A petition under this section must [state](/usc/49/30102.md?p=a-12) facts that the person claims establish that a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) or order referred to in [subsection (a)](#a) of this section is necessary and briefly describe the order the Secretary should issue. - (c) **Proceedings.—** The Secretary may hold a public hearing or conduct an investigation or proceeding to decide whether to grant a petition under this section. - (d) **Actions of Secretary.—** - (1) **In general.—** The Secretary shall determine whether to approve or deny a petition under this section by not later than 120 days after the petition is filed. - (2) **Approval.—** If a petition under this section is approved, the Secretary shall begin the proceeding promptly. - (3) **Denial.—** If a petition under this section is denied, the Secretary shall publish the reasons for the denial in the Federal Register. # §30163. Actions by the Attorney General - (a) **Civil Actions To Enforce.—** The Attorney General may bring a civil action in a [United States district court](/usc/49/30102.md?p=a-13) to enjoin— - (1) a violation of this chapter or a regulation prescribed or order issued under this chapter; and - (2) the sale, offer for sale, or introduction or delivery for introduction, in [interstate commerce](/usc/49/30102.md?p=a-5), or the importation into the United States, of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) for which it is decided, before the first purchase in good faith other than for resale, that the vehicle or equipment— - (A) contains a [defect](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) about which notice was given under [section 30118(c) of this title](/usc/49/30118.md?p=c) or an order was issued under [section 30118(b) of this title](/usc/49/30118.md?p=b); or - (B) does not comply with an applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter. - (b) **Prior Notice.—** When practicable, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall notify a person against whom a civil action under [subsection (a)](#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](/usc/49/30102.md?p=a-3) or comply with the applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter. Failure to give notice and an opportunity to remedy the [defect](/usc/49/30102.md?p=a-3) or comply with the applicable [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter does not prevent a court from granting appropriate relief. - (c) **Venue.—** Except as provided in [section 30121(d) of this title](/usc/49/30121.md?p=d), a civil action under this section or [section 30165(a) of this title](/usc/49/30165.md?p=a) may be brought in the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in the action may be served in any other judicial district in which the defendant resides or is found. - (d) **Jury Trial Demand.—** In a trial for criminal contempt for violating an injunction or restraining order issued under [subsection (a)](#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)](/usc/18a/crim-42.md?p=b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.). - (e) **Subpenas for Witnesses.—** In a civil action brought under this section, a subpena for a witness may be served in any judicial district. # §30164. Service of process; conditions on importation of vehicles and equipment - (a) **Designating Agents.—** A [manufacturer](/usc/49/30102.md?p=a-6) offering a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) 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](/usc/49/13907.md?p=e-2). The designation may be changed in the same way as originally made. - (b) **Service.—** An agent may be served at the agent’s office or usual place of residence. Service on the agent is deemed to be service on the [manufacturer](/usc/49/30102.md?p=a-6). If a [manufacturer](/usc/49/30102.md?p=a-6) does not designate an agent, service may be made by posting the notice or process in the office of the Secretary. - (c) **Identifying Information.—** A [manufacturer](/usc/49/30102.md?p=a-6) (including an importer) offering a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) for import shall provide, upon request, such information that is necessary to identify and track the products as the Secretary, by rule, may specify, including— - (1) the product by name and the [manufacturer](/usc/49/30102.md?p=a-6)’s address; and - (2) each retailer or [distributor](/usc/49/30102.md?p=a-4) to which the [manufacturer](/usc/49/30102.md?p=a-6) directly supplied [motor vehicles](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) over which the Secretary has jurisdiction under this chapter. - (d) **Regulations on the Import of a Motor Vehicle.—** The Secretary may issue regulations that— - (1) condition the import of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) on the [manufacturer](/usc/49/30102.md?p=a-6)’s compliance with— - (A) the requirements under this section; - (B) paragraph [(1)](/usc/49/30112.md?p=a-1) or [(3)](/usc/49/30112.md?p=a-3) of section 30112(a) with respect to such [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8); - (C) the provision of reports and records required to be maintained with respect to such [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) under this chapter; - (D) a request for inspection of premises, vehicle, or equipment under [section 30166](/usc/49/30166.md); - (E) an order or voluntary agreement to remedy such vehicle or equipment; or - (F) any rules implementing the requirements described in this subsection; - (2) provide an opportunity for the [manufacturer](/usc/49/30102.md?p=a-6) to present information before the Secretary’s determination as to whether the [manufacturer](/usc/49/30102.md?p=a-6)’s imports should be restricted; and - (3) establish a process by which a [manufacturer](/usc/49/30102.md?p=a-6) may petition for reinstatement of its ability to import [motor vehicles](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8). - (e) **Exception.—** The requirements of subsections [(c)](#c) and [(d)](#d) shall not apply to original [manufacturers](/usc/49/30102.md?p=a-6) (or wholly owned subsidiaries) of [motor vehicles](/usc/49/30102.md?p=a-7) that, prior to the date of enactment of the [Motor Vehicle](/usc/49/30102.md?p=a-7) and Highway Safety Improvement Act of 2012— - (1) have imported [motor vehicles](/usc/49/30102.md?p=a-7) into the United States that are certified to comply with all applicable Federal [motor vehicle safety standards](/usc/49/30102.md?p=a-10); - (2) have submitted to the Secretary appropriate [manufacturer](/usc/49/30102.md?p=a-6) identification information under [part 566 of title 49, Code of Federal Regulations](/cfr/49/part566.md); and - (3) if applicable, have identified a current agent for service of process in accordance with [part 551 of title 49, Code of Federal Regulations](/cfr/49/part551.md). - (f) **Rulemaking.—** In issuing regulations under this section, the Secretary shall seek to reduce duplicative requirements by coordinating with the Department of Homeland Security. # §30165. Civil penalty - (a) **Civil Penalties.—** - (1) **In general.—** A person that violates any of section [30112](/usc/49/30112.md), [30115](/usc/49/30115.md), [30117 through 30122](/usc/49/30117..30122.md), [30123(a)](/usc/49/30123.md?p=a), [30125(c)](/usc/49/30125.md?p=c), [30127](/usc/49/30127.md), [30141 through 30147](/usc/49/30141..30147.md), or [31137](/usc/49/31137.md), or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each [motor vehicle](/usc/49/30102.md?p=a-7) or item of [motor vehicle equipment](/usc/49/30102.md?p=a-8) and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $105,000,000. - (2) **School buses.—** - (A) **In general.—** Notwithstanding [paragraph (1)](#a-1), the maximum amount of a civil penalty under this paragraph shall be $10,000 in the case of— - (i) the manufacture, sale, offer for sale, introduction or delivery for introduction into [interstate commerce](/usc/49/30102.md?p=a-5), or importation of a school bus or school bus equipment (as those terms are defined in [section 30125(a) of this title](/usc/49/30125.md?p=a)) in violation of [section 30112(a)(1) of this title](/usc/49/30112.md?p=a-1); or - (ii) a violation of [section 30112(a)(2) of this title](/usc/49/30112.md?p=a-2). - (B) **Related series of violations.—** A separate violation occurs for each [motor vehicle](/usc/49/30102.md?p=a-7) or item of [motor vehicle equipment](/usc/49/30102.md?p=a-8) and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations is $15,000,000. - (3) **Section 30166.—** Except as provided in [paragraph (4)](#a-4), a person who violates [section 30166](/usc/49/30166.md) or a regulation prescribed under that section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph is $21,000 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $105,000,000. - (4) **False or misleading reports.—** A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to [section 30166(o)](/usc/49/30166.md?p=o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,000,000. - (b) **Compromise and Setoff.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may compromise the amount of a civil penalty imposed under this section. - (2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty. - (c) **Relevant Factors in Determining Amount of Penalty or Compromise.—** In determining the amount of a civil penalty or compromise under this section, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall consider the nature, circumstances, extent, and gravity of the violation. Such determination shall include, as appropriate— - (1) the nature of the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (2) knowledge by the person charged of its obligations under this chapter; - (3) the severity of the risk of injury; - (4) the occurrence or absence of injury; - (5) the number of [motor vehicles](/usc/49/30102.md?p=a-7) or items of [motor vehicle equipment](/usc/49/30102.md?p=a-8) distributed with the [defect](/usc/49/30102.md?p=a-3) or noncompliance; - (6) actions taken by the person charged to identify, investigate, or mitigate the condition; - (7) the appropriateness of such penalty in relation to the size of the business of the person charged, including the potential for undue adverse economic impacts; - (8) whether the person has been assessed civil penalties under this section during the most recent 5 years; and - (9) other appropriate factors. - (d) **Subpenas for Witnesses.—** In a civil action brought under this section, a subpena for a witness may be served in any judicial district. # §30166. Inspections, investigations, and records - (a) **Definition.—** In this section, “[motor vehicle](/usc/49/30102.md?p=a-7) accident” means an occurrence associated with the maintenance or operation of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) resulting in personal injury, death, or property damage. - (b) **Authority To Inspect and Investigate.—** - (1) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may conduct an inspection or investigation— - (A) that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter; or - (B) related to a [motor vehicle](/usc/49/30102.md?p=a-7) accident and designed to carry out this chapter. - (2) The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall cooperate with [State](/usc/49/30102.md?p=a-12) and local officials to the greatest extent possible in an inspection or investigation under paragraph (1)(B) of this subsection. - (c) **Matters That Can Be Inspected and Impoundment.—** In carrying out this chapter, an officer or employee designated by the Secretary of [Transportation](/usc/49/13907.md?p=e-2)— - (1) at reasonable times, may inspect and copy any record related to this chapter; - (2) on request, may inspect records of a [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), or [rental company](/usc/49/30102.md?p=a-11) to decide whether the [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), or [rental company](/usc/49/30102.md?p=a-11) has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter; - (3) at reasonable times, in a reasonable way, and on display of proper credentials and written notice to an owner, [operator](/usc/49/30501.md?p=6), or agent in charge, may— - (A) enter and inspect with reasonable promptness premises in which a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) is manufactured, held for introduction in [interstate commerce](/usc/49/30102.md?p=a-5) (including at United States ports of entry), or held for sale after introduction in [interstate commerce](/usc/49/30102.md?p=a-5); - (B) enter and inspect with reasonable promptness premises at which a vehicle or equipment involved in a [motor vehicle](/usc/49/30102.md?p=a-7) accident is located; - (C) inspect with reasonable promptness that vehicle or equipment; and - (D) impound for not more than 72 hours a vehicle or equipment involved in a [motor vehicle](/usc/49/30102.md?p=a-7) accident; - (4) shall enter into a memorandum of understanding with the Secretary of Homeland Security for inspections and sampling of [motor vehicle equipment](/usc/49/30102.md?p=a-8) being offered for import to determine compliance with this chapter or a regulation or order issued under this chapter. - (d) **Reasonable Compensation.—** When a [motor vehicle](/usc/49/30102.md?p=a-7) (except a vehicle subject to subchapter I of [chapter 135](/usc/49/chstIV-ptB-ch135.md) of this title) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) is inspected or temporarily impounded under [subsection (c)(3)](#c-3) of this section, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall pay reasonable compensation to the owner of the vehicle if the inspection or impoundment results in denial of use, or reduction in value, of the vehicle. - (e) **Records and Making Reports.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) reasonably may require a [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) to keep records, and a [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), or [rental company](/usc/49/30102.md?p=a-11) to make reports, to enable the Secretary to decide whether the [manufacturer](/usc/49/30102.md?p=a-6), [distributor](/usc/49/30102.md?p=a-4), [dealer](/usc/49/30102.md?p=a-2), or [rental company](/usc/49/30102.md?p=a-11) 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](/usc/49/30102.md?p=a-4)[^1] [dealer](/usc/49/30102.md?p=a-2), or [rental company](/usc/49/30102.md?p=a-11) in addition to those imposed under [subsection (f)](#f) of this section and [section 30117(b) of this title](/usc/49/30117.md?p=b) or a regulation prescribed or order issued under [subsection (f)](#f) or [section 30117(b)](/usc/49/30117.md?p=b). - (f) **Providing Copies of Communications About Defects and Noncompliance.—** - (1) **In general.—** A [manufacturer](/usc/49/30102.md?p=a-6) shall give the Secretary of [Transportation](/usc/49/13907.md?p=e-2), and the Secretary shall make available on a publicly accessible Internet website, a true or representative copy of each communication to the [manufacturer](/usc/49/30102.md?p=a-6)’s [dealers](/usc/49/30102.md?p=a-2), [rental companies](/usc/49/30102.md?p=a-11), or other owners or purchasers of a [motor vehicle](/usc/49/30102.md?p=a-7) or [replacement equipment](/usc/49/30102.md?p=b-1-D) produced by the [manufacturer](/usc/49/30102.md?p=a-6) about a [defect](/usc/49/30102.md?p=a-3) or noncompliance with a [motor vehicle safety standard](/usc/49/30102.md?p=a-10) prescribed under this chapter in a vehicle or equipment that is sold or serviced. - (2) **Index.—** Communications required to be submitted to the Secretary under this subsection shall be accompanied by an index to each communication, that— - (A) identifies the make, model, and model year of the affected vehicles; - (B) includes a concise summary of the subject matter of the communication; and - (C) shall be made available by the Secretary to the public on the Internet in a searchable format. - (g) **Administrative Authority on Reports, Answers, and Hearings.—** - (1) In carrying out this chapter, the Secretary of [Transportation](/usc/49/13907.md?p=e-2) may— - (A) require, by general or special order, any person to file reports or answers to specific questions, including reports or answers under oath; and - (B) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable. - (2) A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. - (h) **Civil Actions To Enforce and Venue.—** A civil action to enforce a subpena or order under [subsection (g)](#g) of this section may be brought in the [United States district court](/usc/49/30102.md?p=a-13) for any judicial district in which the proceeding is conducted. The court may punish a failure to obey an order of the court to comply with a subpena or order as a contempt of court. - (i) **Governmental Cooperation.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may request a department, [agency](/usc/49/114.md?p=n-2-A-i), 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](/usc/49/114.md?p=n-2-A-i), 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](/usc/49/114.md?p=n-2-A-i), or instrumentality to provide information to another department, [agency](/usc/49/114.md?p=n-2-A-i), or instrumentality. - (j) **Cooperation of Secretary.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) may advise, assist, and cooperate with departments, [agencies](/usc/49/114.md?p=n-2-A-i), and instrumentalities of the Government, [States](/usc/49/30102.md?p=a-12), and other public and private [agencies](/usc/49/114.md?p=n-2-A-i) in developing a method for inspecting and testing to determine compliance with a [motor vehicle safety standard](/usc/49/30102.md?p=a-10). - (k) **Providing Information.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall provide the Attorney General and, when appropriate, the Secretary of the Treasury, information obtained that indicates a violation of this chapter or a regulation prescribed or order issued under this chapter. - (l) **Reporting of Defects in Motor Vehicles and Products in Foreign Countries.—** - (1) **Reporting of defects, manufacturer determination.—** Not later than 5 working days after determining to conduct a safety recall or other safety campaign in a foreign country on a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) that is identical or substantially similar to a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) offered for sale in the United States, the [manufacturer](/usc/49/30102.md?p=a-6) shall report the determination to the Secretary. - (2) **Reporting of defects, foreign government determination.—** Not later than 5 working days after receiving notification that the government of a foreign country has determined that a safety recall or other safety campaign must be conducted in the foreign country on a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) that is identical or substantially similar to a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) offered for sale in the United States, the [manufacturer](/usc/49/30102.md?p=a-6) of the [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) shall report the determination to the Secretary. - (3) **Reporting requirements.—** The Secretary shall prescribe the contents of the notification required by this subsection. - (m) **Early Warning Reporting Requirements.—** - (1) **Rulemaking required.—** Not later than 120 days after the date of the enactment of the [Transportation](/usc/49/13907.md?p=e-2) Recall Enhancement, Accountability, and Documentation (TREAD) Act, the Secretary shall initiate a rulemaking proceeding to establish early warning reporting requirements for [manufacturers](/usc/49/30102.md?p=a-6) of [motor vehicles](/usc/49/30102.md?p=a-7) and [motor vehicle equipment](/usc/49/30102.md?p=a-8) to enhance the Secretary’s ability to carry out the provisions of this chapter. - (2) **Deadline.—** The Secretary shall issue a final rule under [paragraph (1)](#m-1) not later than June 30, 2002. - (3) **Reporting elements.—** - (A) **Warranty and claims data.—** As part of the final rule promulgated under [paragraph (1)](#m-1), the Secretary shall require [manufacturers](/usc/49/30102.md?p=a-6) of [motor vehicles](/usc/49/30102.md?p=a-7) and [motor vehicle equipment](/usc/49/30102.md?p=a-8) to report, periodically or upon request by the Secretary, information which is received by the [manufacturer](/usc/49/30102.md?p=a-6) derived from foreign and domestic sources to the extent that such information may assist in the identification of [defects](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) in [motor vehicles](/usc/49/30102.md?p=a-7) and [motor vehicle equipment](/usc/49/30102.md?p=a-8) in the United States and which concerns— - (i) data on claims submitted to the [manufacturer](/usc/49/30102.md?p=a-6) for serious injuries (including death) and aggregate statistical data on property damage from alleged [defects](/usc/49/30102.md?p=a-3) in a [motor vehicle](/usc/49/30102.md?p=a-7) or in [motor vehicle equipment](/usc/49/30102.md?p=a-8); or - (ii) customer satisfaction campaigns, consumer advisories, recalls, or other activity involving the repair or replacement of [motor vehicles](/usc/49/30102.md?p=a-7) or items of [motor vehicle equipment](/usc/49/30102.md?p=a-8). - (B) **Other data.—** As part of the final rule promulgated under [paragraph (1)](#m-1), the Secretary may, to the extent that such information may assist in the identification of [defects](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9) in [motor vehicles](/usc/49/30102.md?p=a-7) and [motor vehicle equipment](/usc/49/30102.md?p=a-8) in the United States, require [manufacturers](/usc/49/30102.md?p=a-6) of [motor vehicles](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) to report, periodically or upon request of the Secretary, such information as the Secretary may request. - (C) **Reporting of possible defects.—** The [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) shall report to the Secretary, in such manner as the Secretary establishes by regulation, all incidents of which the [manufacturer](/usc/49/30102.md?p=a-6) receives actual notice which involve fatalities or serious injuries which are alleged or proven to have been caused by a possible [defect](/usc/49/30102.md?p=a-3) in such [manufacturer](/usc/49/30102.md?p=a-6)’s [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) in the United States, or in a foreign country when the possible [defect](/usc/49/30102.md?p=a-3) is in a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) that is identical or substantially similar to a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) offered for sale in the United States. - (D) **Settlements.—** Notwithstanding any order entered in a civil action restricting the disclosure of information, a [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) shall comply with the requirements of this subsection and any regulations promulgated pursuant to this subsection. - (4) **Handling and utilization of reporting elements.—** - (A) **Secretary’s specifications.—** In requiring the reporting of any information requested by the Secretary under this subsection, the Secretary shall specify in the final rule promulgated under [paragraph (1)](#m-1)— - (i) how such information will be reviewed and utilized to assist in the identification of [defects](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9); - (ii) the systems and processes the Secretary will employ or establish to review and utilize such information; and - (iii) the manner and form of reporting such information, including in electronic form. - (B) **Information in possession of manufacturer.—** The regulations promulgated by the Secretary under [paragraph (1)](#m-1) may not require a [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8) to maintain or submit records respecting information not in the possession of the [manufacturer](/usc/49/30102.md?p=a-6). - (C) **Disclosure.—** None of the information collected pursuant to the final rule promulgated under [paragraph (1)](#m-1) shall be disclosed pursuant to [section 30167(b)](/usc/49/30167.md?p=b) unless the Secretary determines the disclosure of such information will assist in carrying out sections [30117(b)](/usc/49/30117.md?p=b) and [30118 through 30121](/usc/49/30118..30121.md). - (D) **Burdensome requirements.—** In promulgating the final rule under [paragraph (1)](#m-1), the Secretary shall not impose requirements unduly burdensome to a [manufacturer](/usc/49/30102.md?p=a-6) of a [motor vehicle](/usc/49/30102.md?p=a-7) or [motor vehicle equipment](/usc/49/30102.md?p=a-8), taking into account the [manufacturer](/usc/49/30102.md?p=a-6)’s cost of complying with such requirements and the Secretary’s ability to use the information sought in a meaningful manner to assist in the identification of [defects](/usc/49/30102.md?p=a-3) related to [motor vehicle safety](/usc/49/30102.md?p=a-9). - (5) **Periodic review.—** As part of the final rule promulgated pursuant to [paragraph (1)](#m-1), the Secretary shall specify procedures for the periodic review and update of such rule. - (n) **Sale or Lease of Defective or Noncompliant Tire.—** - (1) **In general.—** The Secretary shall, within 90 days of the date of the enactment of the [Transportation](/usc/49/13907.md?p=e-2) Recall Enhancement, Accountability, and Documentation (TREAD) Act, issue a final rule requiring any person who knowingly and willfully sells or leases for use on a [motor vehicle](/usc/49/30102.md?p=a-7) a defective tire or a tire which is not compliant with an applicable tire safety standard with actual knowledge that the [manufacturer](/usc/49/30102.md?p=a-6) of such tire has notified its [dealers](/usc/49/30102.md?p=a-2) of such [defect](/usc/49/30102.md?p=a-3) or noncompliance as required under [section 30118(c)](/usc/49/30118.md?p=c) or as required by an order under [section 30118(b)](/usc/49/30118.md?p=b) to report such sale or lease to the Secretary. - (2) **Defect or noncompliance remedied or order not in effect.—** Regulations under [paragraph (1)](#n-1) shall not require the reporting described in [paragraph (1)](#n-1) where before delivery under a sale or lease of a tire— - (A) the [defect](/usc/49/30102.md?p=a-3) or noncompliance of the tire is remedied as required by [section 30120](/usc/49/30120.md); or - (B) notification of the [defect](/usc/49/30102.md?p=a-3) or noncompliance is required under [section 30118(b)](/usc/49/30118.md?p=b) but enforcement of the order is restrained or the order is set aside in a civil action to which [section 30121(d)](/usc/49/30121.md?p=d) applies. - (o) **Corporate Responsibility for Reports.—** - (1) **In general.—** The Secretary shall promulgate rules requiring a senior official responsible for safety in any company submitting information to the Secretary in response to a request for information in a safety [defect](/usc/49/30102.md?p=a-3) or compliance investigation under this chapter to certify that— - (A) the signing official has reviewed the submission; and - (B) based on the official’s knowledge, the submission does not— - (i) contain any untrue statement of a material fact; or - (ii) omit to [state](/usc/49/30102.md?p=a-12) a material fact necessary in order to make the statements made not misleading, in light of the circumstances under which such statements were made. - (2) **Notice.—** The certification requirements of this section shall be clearly stated on any request for information under [paragraph (1)](#o-1). - (3) **Deadline.—** Not later than 1 year after the date of enactment of the Comprehensive [Transportation](/usc/49/13907.md?p=e-2) and Consumer Protection Act of 2015, the Secretary shall issue a final rule under [paragraph (1)](#o-1). # §30167. Disclosure of information by the Secretary of Transportation - (a) **Confidentiality of Information.—** Information obtained under this chapter related to a confidential matter referred to in [section 1905 of title 18](/usc/18/1905.md) may be disclosed only in the following ways: - (1) to other officers and employees carrying out this chapter. - (2) when relevant to a proceeding under this chapter. - (3) to the public if the confidentiality of the information is preserved. - (4) to the public when the Secretary of [Transportation](/usc/49/13907.md?p=e-2) decides that disclosure is necessary to carry out [section 30101 of this title](/usc/49/30101.md). - (b) **Defect and Noncompliance Information.—** Subject to [subsection (a)](#a) of this section, the Secretary shall disclose information obtained under this chapter related to a [defect](/usc/49/30102.md?p=a-3) or noncompliance that the Secretary decides will assist in carrying out sections [30117(b)](/usc/49/30117.md?p=b) and 30118–30121 of this title or that is required to be disclosed under [section 30118(a) of this title](/usc/49/30118.md?p=a). A requirement to disclose information under this subsection is in addition to the requirements of [section 552 of title 5](/usc/5/552.md). - (c) **Information About Manufacturer’s Increased Costs.—** A [manufacturer](/usc/49/30102.md?p=a-6) 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](/usc/49/30102.md?p=a-6)’s cost and the cost to retail purchasers, that allows the public and the Secretary to evaluate the [manufacturer](/usc/49/30102.md?p=a-6)’s statement. The Secretary shall evaluate the information promptly and, subject to [subsection (a)](#a) of this section, shall make the information and evaluation available to the public. The Secretary shall publish a notice in the Federal Register that the information is available. - (d) **Withholding Information From Congress.—** This section does not authorize information to be withheld from a committee of Congress authorized to have the information. # [§30168. Repealed. Pub. L. 112–141, div. C, title I, § 31204(b)(2)(B), July 6, 2012, 126 Stat. 760 — repealed] # §30169. Annual reports - (a) **General Report.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall submit to the President to submit to Congress on July 1 of each year a report on the administration of this chapter for the prior calendar year. The report shall include— - (1) a thorough statistical compilation of accidents and injuries; - (2) [motor vehicle safety standards](/usc/49/30102.md?p=a-10) in effect or prescribed under this chapter; - (3) the degree of observance of the standards; - (4) a summary of current research grants and contracts and a description of the problems to be considered under those grants and contracts; - (5) an analysis and evaluation of research activities completed and technological progress achieved; - (6) enforcement actions; - (7) the extent to which technical information was given the scientific community and consumer-oriented information was made available to the public; and - (8) recommendations for legislation needed to promote cooperation among the [States](/usc/49/30102.md?p=a-12) in improving traffic safety and strengthening the national traffic safety program. - (b) **Report on Importing Motor Vehicles.—** Not later than 18 months after regulations are first prescribed under section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit to Congress a report of the actions taken to carry out subchapter III of this chapter and the effectiveness of those actions, including any testing by the Secretary under [section 30146(c)(2) of this title](/usc/49/30146.md?p=c-2). After the first report, the Secretary shall submit a report to Congress under this subsection not later than July 31 of each year.