§30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment — Inbound Citations
49 U.S.C. § 30112
Cited by 14 provisions in release 119-102.
Citations to 49 U.S.C. § 30112 as a whole
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A manufacturer’s filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer’s duty to comply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturer’s obligations under such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety defect or noncompliance determined to exist in the manufacturer’s products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy.
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(A) revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of sections 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this subchapter or any of those sections;
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(1) A person that violates any of section 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30141 through 30147, or 31137, or a regulation prescribed thereunder, is liable to the United States Government for a civil penalty of not more than $21,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $105,000,000.
Citations to §30112(a)
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(A) exempt from section 30112(a) of this title not more than 325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer; and
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(A) The Secretary shall require a low-volume manufacturer to affix a permanent label to a motor vehicle exempted under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a), states that the vehicle is a replica, and designates the model year such vehicle replicates.
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(a) Section 30112(a) of this title does not apply to a motor vehicle if—(1) on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under subsection (c) of this section, the Secretary decides—(A) the vehicle is—(i) substantially similar to a motor vehicle originally manufactured for import into and sale in the United States;(ii) certified under section 30115 of this title;(iii) the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and(iv) capable of being readily altered to comply with applicable motor vehicle safety standards prescribed under this chapter; or(B) if there is no substantially similar United States motor vehicle, the safety features of the vehicle comply with or are capable of being altered to comply with those standards based on destructive test information or other evidence the Secretary of Transportation decides is adequate;(2) the vehicle is imported by a registered importer; and(3) the registered importer pays the annual fee the Secretary of Transportation establishes under subsection (e) of this section to pay for the costs of carrying out the registration program for importers under subsection (c) of this section and any other fees the Secretary of Transportation establishes to pay for the costs of—(A) processing bonds provided to the Secretary of the Treasury under subsection (d) of this section; and(B) making the decisions under this subchapter.
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(a) Section 30112(a) of this title does not apply to an imported motor vehicle if—(1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections 30143 and 30144 of this title);(2) the vehicle is imported after January 31, 1990; and(3) the individual takes the actions required under subsection (b) of this section to receive an exemption.
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(b) Section 30112(a) of this title does not apply to a motor vehicle imported for personal use, and not for resale, by an individual—(1) whose assigned place of employment was outside the United States as of October 31, 1988, and who has not had an assigned place of employment in the United States from that date through the date the vehicle is imported into the United States;(2) who previously had not imported a motor vehicle into the United States under this section or section 108(g) of the National Traffic and Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under section 108(b)(3) of that Act;(3) who acquired, or made a binding contract to acquire, the vehicle before October 31, 1988;(4) who imported the vehicle into the United States not later than October 31, 1992; and(5) who satisfies section 108(b)(3) of that Act as in effect on October 30, 1988.
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(a) Section 30112(a) of this title does not apply to a motor vehicle imported on a temporary basis for personal use by an individual who is a member of—(A) the personnel of the government of a foreign country on assignment in the United States or a member of the Secretariat of a public international organization designated under the International Organizations Immunities Act (22 U.S.C. 288 et seq.); and(B) the class of individuals for whom the Secretary of State has authorized free importation of motor vehicles; or(2) the armed forces of a foreign country on assignment in the United States.
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Section 30112(a) of this title does not apply to a motor vehicle or motor vehicle equipment if the vehicle or equipment—
Citations to §30112(a)(1)
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(B) paragraph (1) or (3) of section 30112(a) with respect to such motor vehicle or motor vehicle equipment;
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(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or
Citations to §30112(a)(2)
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(ii) a violation of section 30112(a)(2) of this title.
Citations to §30112(a)(3)
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(B) paragraph (1) or (3) of section 30112(a) with respect to such motor vehicle or motor vehicle equipment;