---
kind: "range"
citation: "49 U.S.C. §§ 30141–30147"
title: "49"
from: "30141"
to: "30147"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/49/30141..30147"
---

# §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.