243
manufacture for sale, sell, offer for sale, introduce or deliver for introduc-
tion in interstate commerce, or import into the United States, any motor
vehicle or motor vehicle equipment manufactured on or after the date an
applicable motor vehicle safety standard prescribed under this chapter takes
effect unless the vehicle or equipment complies with the standard and is cov-
ered by a certification issued under section 30115 of this title.
(b) NONAPPLICATION.—This section does not apply to—
(1) the sale, offer for sale, or introduction or delivery for introduc-
tion in interstate commerce of a motor vehicle or motor vehicle equip-
ment 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 or motor vehicle
equipment does not comply with applicable motor vehicle safety
standards prescribed under this chapter; or
(B) holding, without knowing about the noncompliance and be-
fore the vehicle or equipment is first purchased in good faith other
than for resale, a certificate issued by a manufacturer or importer
stating the vehicle or equipment complies with applicable stand-
ards prescribed under this chapter;
(3) a motor vehicle or motor vehicle equipment intended only for ex-
port, 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 the Secretary of Transportation decides under
section 30141 of this title is capable of complying with applicable
standards prescribed under this chapter;
(5) a motor vehicle imported for personal use by an individual who
receives an exemption under section 30142 of this title;
(6) a motor vehicle under section 30143 of this title imported by an
individual employed outside the United States;
(7) a motor vehicle under section 30144 of this title imported on a
temporary basis;
(8) a motor vehicle or item of motor vehicle equipment under section
30145 of this title requiring further manufacturing; or
(9) a motor vehicle that is at least 25 years old.
§ 30113. General exemptions
(a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’ means a
motor vehicle meeting the standards for new motor vehicles applicable to the
vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521) when the
244
vehicle is manufactured and emitting an air pollutant in an amount signifi-
cantly below one of those standards.
(b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Secretary of
Transportation may exempt, on a temporary basis, motor vehicles from a
motor vehicle safety standard prescribed under this chapter on terms the
Secretary considers appropriate. An exemption may be renewed. A renewal
may be granted only on reapplication and must conform to the requirements
of this subsection.
(2) The Secretary may begin a proceeding under this subsection when a
manufacturer applies for an exemption or a renewal of an exemption. The
Secretary shall publish notice of the application and provide an opportunity
to comment. An application for an exemption or for a renewal of an exemp-
tion 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 chap-
ter; and
(B)(i) compliance with the standard would cause substantial eco-
nomic hardship to a manufacturer that has tried to comply with the
standard in good faith;
(ii) the exemption would make easier the development or field evalua-
tion of a new motor vehicle safety 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 easier and would not unreasonably
lower the safety level of that vehicle; or
(iv) compliance with the standard would prevent the manufacturer
from selling a motor vehicle with an overall safety level at least equal
to the overall safety level of nonexempt vehicles.
(c) CONTENTS OF APPLICATIONS.—A manufacturer applying for an ex-
emption under subsection (b) of this section shall include the following in-
formation in the application:
(1) if the application is made under subsection (b)(3)(B)(i) of this
section, a complete financial statement describing the economic hard-
ship and a complete description of the manufacturer’s good faith effort
to comply with each motor vehicle safety standard prescribed under
this chapter from which the manufacturer is requesting an exemption.
(2) if the application is made under subsection (b)(3)(B)(ii) of this
section, a record of the research, development, and testing establishing
the innovative nature of the safety feature and a detailed analysis es-
245
tablishing 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) of this
section, a record of the research, development, and testing establishing
that the motor vehicle is a low-emission motor vehicle and that the
safety level of the vehicle is not lowered unreasonably by exemption
from the standard.
(4) if the application is made under subsection (b)(3)(B)(iv) of this
section, a detailed analysis showing how the vehicle provides an overall
safety level at least equal to the overall safety level of nonexempt vehi-
cles.
(d) ELIGIBILITY.—A manufacturer is eligible for an exemption under sub-
section (b)(3)(B)(i) of this section only if the Secretary determines that the
manufacturer’s total motor vehicle production in the most recent year of
production is not more than 10,000. A manufacturer is eligible for an ex-
emption under subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if
the Secretary determines the exemption is for not more than 2,500 vehicles
to be sold in the United States in any 12-month period.
(e) MAXIMUM PERIOD.—An exemption or renewal under subsection
(b)(3)(B)(i) of this section may be granted for not more than 3 years. An
exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) of this sec-
tion 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 granted an exemption under
this section. The label shall either name or describe each motor vehicle safe-
ty standard prescribed under this chapter from which the vehicle is exempt.
The Secretary may require that written notice of an exemption be delivered
by appropriate means to the dealer and the first purchaser of the vehicle
other than for resale.
§ 30114. Special exemptions
The Secretary of Transportation may exempt a motor vehicle or item of
motor vehicle equipment from section 30112(a) of this title on terms the
Secretary decides are necessary for research, investigations, demonstrations,
training, or competitive racing events.
246
§ 30115. Certification of compliance
A manufacturer or distributor of a motor vehicle or motor vehicle equip-
ment shall certify to the distributor or dealer at delivery that the vehicle
or equipment complies with applicable motor vehicle safety standards pre-
scribed under this chapter. A person may not issue the certificate if, in exer-
cising 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.
§ 30116. Defects and noncompliance found before sale to
purchaser
(a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS.—If,
after a manufacturer or distributor sells a motor vehicle or motor vehicle
equipment to a distributor or dealer and before the distributor or dealer
sells the vehicle or equipment, it is decided that the vehicle or equipment
contains a defect related to motor vehicle safety or does not comply with
applicable motor vehicle safety standards prescribed under this chapter—
(1) the manufacturer or distributor immediately shall repurchase the
vehicle or equipment at the price paid by the distributor or dealer, plus
transportation charges and reasonable reimbursement of at least one
percent a month of the price paid prorated from the date of notice of
noncompliance or defect to the date of repurchase; or
(2) if a vehicle, the manufacturer or distributor immediately shall
give to the distributor or dealer at the manufacturer’s or distributor’s
own expense, the part or equipment needed to make the vehicle comply
with the standards or correct the defect.
(b) DISTRIBUTOR OR DEALER INSTALLATION.—The distributor or dealer
shall install the part or equipment referred to in subsection (a)(2) of this
section. If the distributor or dealer installs the part or equipment with rea-
sonable diligence after it is received, the manufacturer shall reimburse the
distributor or dealer for the reasonable value of the installation and a rea-
sonable reimbursement of at least one percent a month of the manufactur-
er’s or distributor’s selling price prorated from the date of notice of non-
compliance or defect to the date the motor vehicle complies with applicable
motor vehicle safety standards prescribed under this chapter or the defect
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 or distributor
refuses to comply with subsection (a) or (b) of this section, the distributor
247
or dealer purchasing the motor vehicle or motor vehicle equipment may
bring a civil action. The action may be brought in a United States district
court for the judicial district in which the manufacturer or distributor re-
sides, is found, or has an agent, to recover damages, court costs, and a rea-
sonable 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 Transpor-
tation may require that each manufacturer of a motor vehicle or motor vehi-
cle equipment provide technical information related to performance and
safety required to carry out this chapter. The Secretary may require the
manufacturer to give the following notice of that information when the Sec-
retary 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, in a way the Secretary decides is appropriate.
(2) to the first purchaser of a vehicle or equipment other than for
resale when the vehicle or equipment is bought, in printed matter
placed in the vehicle or attached to or accompanying the equipment.
(b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1) A man-
ufacturer of a motor vehicle or tire (except a retreaded tire) shall cause to
be maintained a record of the name and address of the first purchaser of
each vehicle or tire it produces and, to the extent prescribed by regulations
of the Secretary, shall cause to be maintained a record of the name and
address of the first purchaser of replacement equipment (except a tire) that
the manufacturer produces. The Secretary may prescribe by regulation the
records to be maintained and reasonable procedures for maintaining the
records under this subsection, including procedures to be followed by dis-
tributors and dealers to assist the manufacturer in obtaining the informa-
tion required by this subsection. A procedure shall be reasonable for the
type of vehicle or tire involved, and shall provide reasonable assurance that
a customer list of a distributor or dealer, or similar information, will be
made available to a person (except the distributor or dealer) only when nec-
essary to carry out this subsection and sections 30118–30121, 30166(f),
and 30167(a) and (b) of this title. Availability of assistance from a distribu-
tor or dealer does not affect an obligation of a manufacturer under this sub-
section.
(2)(A) Except as provided in paragraph (3) of this subsection, the Sec-
retary may require a distributor or dealer to maintain a record under para-
248
graph (1) of this subsection only if the business of the distributor or dealer
is owned or controlled by a manufacturer of tires.
(B) The Secretary shall require each distributor and dealer whose busi-
ness is not owned or controlled by a manufacturer of tires to give a registra-
tion form (containing the tire identification number) to the first purchaser
of a tire. The Secretary shall prescribe the form, which shall be standard-
ized for all tires and designed to allow the purchaser to complete and return
it directly to the manufacturer of the tire. The manufacturer shall give suf-
ficient copies of forms to distributors and dealers.
(3)(A) The Secretary shall evaluate from time to time how successful the
procedures under paragraph (2) of this subsection have been in helping to
maintain records about first purchasers of tires. After each evaluation, the
Secretary shall decide—
(i) the extent to which distributors and dealers have complied with
the procedures;
(ii) the extent to which distributors and dealers have encouraged
first purchasers of tires to register the tires; and
(iii) whether to prescribe for manufacturers, distributors, or dealers
other requirements that the Secretary decides will increase significantly
the percentage of first purchasers of tires about whom records are
maintained.
(B) The Secretary may prescribe a requirement under subparagraph (A)
of this paragraph only if the Secretary decides it is necessary to reduce the
risk to motor vehicle safety, after considering—
(i) the cost of the requirement to manufacturers and the burden of
the requirement on distributors and dealers, compared to the increase
in the percentage of first purchasers of tires about whom records would
be maintained as a result of the requirement;
(ii) the extent to which distributors and dealers have complied with
the procedures in paragraph (2) of this subsection; and
(iii) the extent to which distributors and dealers have encouraged
first purchasers of tires to register the tires.
(C) A manufacturer of tires shall reimburse distributors and dealers of
that manufacturer’s tires for all reasonable costs incurred by the distribu-
tors and dealers in complying with a requirement prescribed by the Sec-
retary under subparagraph (A) of this paragraph.
(D) After making a decision under subparagraph (A) of this paragraph,
the Secretary shall submit to each House of Congress a report containing
a detailed statement of the decision and an explanation of the reasons for
the decision.
249
§ 30118. Notification of defects and noncompliance
(a) NOTIFICATION
BY SECRETARY.—The Secretary of Transportation
shall notify the manufacturer of a motor vehicle or replacement equipment
immediately after making an initial decision (through testing, inspection, in-
vestigation, or research carried out under this chapter, examining commu-
nications under section 30166(f) of this title, or otherwise) that the vehicle
or equipment contains a defect related to motor vehicle safety or does not
comply with an applicable motor vehicle safety standard prescribed under
this chapter. The notification shall include the information on which the de-
cision is based. The Secretary shall publish a notice of each decision under
this subsection in the Federal Register. Subject to section 30167(a) of this
title, the notification and information are available to any interested person.
(b) DEFECT
AND NONCOMPLIANCE PROCEEDINGS
AND ORDERS.—(1)
The Secretary may make a final decision that a motor vehicle or replace-
ment equipment contains a defect related to motor vehicle safety or does
not comply with an applicable motor vehicle safety standard prescribed
under this chapter only after giving the manufacturer an opportunity to
present information, views, and arguments showing that there is no defect
or noncompliance or that the defect does not affect motor vehicle safety.
Any interested person also shall be given an opportunity to present informa-
tion, views, and arguments.
(2) If the Secretary decides under paragraph (1) of this subsection that
the vehicle or equipment contains the defect or does not comply, the Sec-
retary shall order the manufacturer to—
(A) give notification under section 30119 of this title to the owners,
purchasers, and dealers of the vehicle or equipment of the defect or
noncompliance; and
(B) remedy the defect or noncompliance under section 30120 of this
title.
(c) NOTIFICATION BY MANUFACTURER.—A manufacturer of a motor ve-
hicle or replacement equipment shall notify the Secretary by certified mail,
and the owners, purchasers, and dealers of the vehicle or equipment as pro-
vided in section 30119(d) of this section, if the manufacturer—
(1) learns the vehicle or equipment contains a defect and decides in
good faith that the defect is related to motor vehicle safety; or
(2) decides in good faith that the vehicle or equipment does not com-
ply with an applicable motor vehicle safety standard prescribed under
this chapter.
(d) EXEMPTIONS.—On application of a manufacturer, the Secretary shall
exempt the manufacturer from this section if the Secretary decides a defect
or noncompliance is inconsequential to motor vehicle safety. The Secretary
250
may take action under this subsection only after notice in the Federal Reg-
ister 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 Sec-
retary may conduct a hearing to decide whether the manufacturer has rea-
sonably met the notification requirements under this section. Any interested
person may make written and oral presentations of information, views, and
arguments on whether the manufacturer has reasonably met the notification
requirements. If the Secretary decides that the manufacturer has not rea-
sonably met the notification requirements, the Secretary shall order the
manufacturer to take specified action to meet those requirements and may
take any other action authorized under this chapter.
§ 30119. Notification procedures
(a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer re-
quired under section 30118 of this title of a defect or noncompliance shall
contain—
(1) a clear description of the defect or noncompliance;
(2) an evaluation of the risk to motor vehicle safety reasonably relat-
ed to the defect or noncompliance;
(3) the measures to be taken to obtain a remedy of the defect or
noncompliance;
(4) a statement that the manufacturer giving notice will remedy the
defect or noncompliance without charge under section 30120 of this
title;
(5) the earliest date on which the defect or noncompliance will be
remedied without charge, and for tires, the period during which the de-
fect or noncompliance will be remedied without charge under section
30120 of this title;
(6) the procedure the recipient of a notice is to follow to inform the
Secretary of Transportation when a manufacturer, distributor, or deal-
er does not remedy the defect or noncompliance without charge under
section 30120 of this title; and
(7) other information the Secretary prescribes by regulation.
(b) EARLIEST REMEDY DATE.—The date specified by a manufacturer in
a notification under subsection (a)(5) of this section or section 30121(c)(2)
of this title is the earliest date that parts and facilities reasonably can be
expected to be available to remedy the defect or noncompliance. The Sec-
retary may disapprove the date.
(c) TIME FOR NOTIFICATION.—Notification required under section 30118
of this title shall be given within a reasonable time—
251
(1) prescribed by the Secretary, after the manufacturer receives no-
tice of a final decision under section 30118(b) of this title; or
(2) after the manufacturer first decides that a safety-related defect
or noncompliance exists under section 30118(c) of this title.
(d) MEANS
OF PROVIDING NOTIFICATION.—(1) Notification required
under section 30118 of this title about a motor vehicle shall be sent by first
class mail—
(A) to each person registered under State law as the owner and
whose name and address are reasonably ascertainable by the manufac-
turer through State 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.
(2) Notification required under section 30118 of this title about replace-
ment equipment (except a tire) shall be sent by first class mail to the most
recent purchaser known to the manufacturer. In addition, if the Secretary
decides that public notice is required for motor vehicle safety, public notice
shall be given in the way required by the Secretary after consulting with
the manufacturer.
(3) Notification required under section 30118 of this title about a tire
shall be sent by first class mail (or, if the manufacturer prefers, by certified
mail) to the most recent purchaser known to the manufacturer. In addition,
if the Secretary decides that public notice is required for motor vehicle safe-
ty, public notice shall be given in the way required by the Secretary after
consulting with the manufacturer. In deciding whether public notice is re-
quired, the Secretary shall consider—
(A) the magnitude of the risk to motor vehicle safety caused by the
defect or noncompliance; and
(B) the cost of public notice compared to the additional number of
owners the notice may reach.
(4) A dealer to whom a motor vehicle or replacement equipment was de-
livered shall be notified by certified mail or quicker means if available.
(e) SECOND NOTIFICATION.—If the Secretary decides that a notification
sent by a manufacturer under this section has not resulted in an adequate
number of motor vehicles or items of replacement equipment being returned
for remedy, the Secretary may order the manufacturer to send a 2d notifi-
cation in the way the Secretary prescribes by regulation.
(f) NOTIFICATION
BY LESSOR
TO LESSEE.—(1) In this subsection,
‘‘leased motor vehicle’’ means a motor vehicle that is leased to a person for
at least 4 months by a lessor that has leased at least 5 motor vehicles in
the 12 months before the date of the notification.
252
(2) A lessor that receives a notification required by section 30118 of this
title about a leased motor vehicle shall provide a copy of the notification
to the lessee in the way the Secretary prescribes by regulation.
§ 30120. Remedies for defects and noncompliance
(a) WAYS TO REMEDY.—(1) Subject to subsections (f) and (g) of this
section, when notification of a defect or noncompliance is required under
section 30118(b) or (c) of this title, the manufacturer of the defective or
noncomplying motor vehicle or replacement equipment shall remedy the de-
fect or noncompliance without charge when the vehicle or equipment is pre-
sented for remedy. Subject to subsections (b) and (c) of this section, the
manufacturer shall remedy the defect or noncompliance in any of the follow-
ing ways the manufacturer 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, by repairing the equipment or replac-
ing the equipment with identical or reasonably equivalent equipment.
(2) The Secretary of Transportation may prescribe regulations to allow
the manufacturer to impose conditions on the replacement of a motor vehi-
cle or refund of its price.
(b) TIRE REMEDIES.—(1) A manufacturer of a tire, including an original
equipment tire, shall remedy a defective or noncomplying tire if the owner
or purchaser presents the tire for remedy not later than 60 days after the
later of—
(A) the day the owner or purchaser receives notification under sec-
tion 30119 of this title; or
(B) if the manufacturer decides to replace the tire, the day the
owner or purchaser receives notification that a replacement is available.
(2) If the manufacturer decides to replace the tire and the replacement
is not available during the 60-day period, the owner or purchaser must
present the tire for remedy during a subsequent 60-day period that begins
only after the owner or purchaser receives notification that a replacement
will be available during the subsequent period. If tires are available during
the subsequent period, only a tire presented for remedy during that period
must be remedied.
(c) ADEQUACY OF REPAIRS.—(1) If a manufacturer decides to repair a
defective or noncomplying motor vehicle or replacement equipment and the
253
repair is not done adequately within a reasonable time, the manufacturer
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 allow-
ance for depreciation.
(2) Failure to repair a motor vehicle or replacement equipment ade-
quately not later than 60 days after its presentation is prima facie evidence
of failure to repair within a reasonable time. However, the Secretary may
extend, by order, the 60-day period if good cause for an extension is shown
and the reason is published in the Federal Register before the period ends.
Presentation of a vehicle or equipment for repair before the date specified
by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of
this title is not a presentation under this subsection.
(d) FILING MANUFACTURER’S REMEDY PROGRAM.—A manufacturer
shall file with the Secretary a copy of the manufacturer’s program under
this section for remedying a defect or noncompliance. The Secretary shall
make the program available to the public and publish a notice of availability
in the Federal Register.
(e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On the mo-
tion of the Secretary or on application by any interested person, the Sec-
retary may conduct a hearing to decide whether the manufacturer has rea-
sonably met the remedy requirements under this section. Any interested per-
son may make written and oral presentations of information, views, and ar-
guments on whether the manufacturer has reasonably met the remedy re-
quirements. If the Secretary decides a manufacturer has not reasonably met
the remedy requirements, the Secretary shall order the manufacturer to
take specified action to meet those requirements and may take any other
action authorized under this chapter.
(f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall pay fair
reimbursement to a dealer providing a remedy without charge under this
section.
(g) NONAPPLICATION.—(1) The requirement that a remedy be provided
without charge does not apply if the motor vehicle or replacement equipment
was bought by the first purchaser more than 8 calendar years, or the tire,
including an original equipment tire, was bought by the first purchaser
more than 3 calendar years, before notice is given under section 30118(c)
of this title or an order is issued under section 30118(b) of this title, which-
ever is earlier.
254
(2) This section does not apply during any period in which enforcement
of an order under section 30118(b) of this title is restrained or the order
is set aside in a civil action to which section 30121(d) of this title applies.
(h) EXEMPTIONS.—On application of a manufacturer, the Secretary shall
exempt the manufacturer from this section if the Secretary decides a defect
or noncompliance is inconsequential to motor vehicle safety. The Secretary
may take action under this subsection only after notice in the Federal Reg-
ister and an opportunity for any interested person to present information,
views, and arguments.
(i) LIMITATION ON SALE OR LEASE.—(1) If notification is required by
an order under section 30118(b) of this title or is required under section
30118(c) of this title and the manufacturer has provided to a dealer notifi-
cation about a new motor vehicle or new item of replacement equipment in
the dealer’s possession at the time of notification that contains a defect re-
lated to motor vehicle safety or does not comply with an applicable motor
vehicle safety standard prescribed under this chapter, the dealer may sell
or lease the motor vehicle or item of replacement equipment only if—
(A) the defect or noncompliance is remedied as required by this sec-
tion before delivery under the sale or lease; or
(B) when the notification is required by an order under section
30118(b) of this title, enforcement of the order is restrained or the
order is set aside in a civil action to which section 30121(d) of this
title applies.
(2) This subsection does not prohibit a dealer from offering for sale or
lease the vehicle or equipment.
§ 30121. Provisional notification and civil actions to enforce
(a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transportation
may order a manufacturer to issue a provisional notification if a civil action
about an order issued under section 30118(b) of this title has been brought
under section 30163 of this title. The provisional notification shall con-
tain—
(A) a statement that the Secretary has decided that a defect related
to motor vehicle safety or noncompliance with a motor vehicle safety
standard prescribed under this chapter exists and that the manufac-
turer is contesting the decision in a civil action in a United States dis-
trict court;
(B) a clear description of the Secretary’s stated basis for the deci-
sion;
(C) the Secretary’s evaluation of the risk to motor vehicle safety rea-
sonably related to the defect or noncompliance;
255
(D) measures the Secretary considers necessary to avoid an unrea-
sonable risk to motor vehicle safety resulting from the defect or non-
compliance;
(E) a statement that the manufacturer will remedy the defect or
noncompliance without charge under section 30120 of this title, but
that the requirement to remedy without charge is conditioned on the
outcome of the civil action; and
(F) other information the Secretary prescribes by regulation or in-
cludes in the order requiring the notice.
(2) A notification under this subsection does not relieve a manufacturer
of liability for not giving notification required by an order under section
30118(b) of this title.
(b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer that does
not notify owners and purchasers under section 30119(c) and (d) of this
title is liable to the United States Government for a civil penalty, unless
the manufacturer prevails in a civil action referred to in subsection (a) of
this section or the court in that action enjoins enforcement of the order.
Enforcement may be enjoined only if the court decides that the failure to
notify is reasonable and that the manufacturer has demonstrated the likeli-
hood of prevailing on the merits. If enforcement is enjoined, the manufac-
turer is not liable during the time the order is stayed.
(2) A manufacturer that does not notify owners and purchasers as re-
quired under subsection (a) of this section is liable for a civil penalty re-
gardless of whether the manufacturer prevails in an action on the validity
of the order issued under section 30118(b) of this title.
(c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in a civil ac-
tion referred to in subsection (a) of this section, the Secretary shall order
the manufacturer—
(1) to notify each owner, purchaser, and dealer described in section
30119(d) of this title of the outcome of the action and other informa-
tion the Secretary requires, and notification under this clause may be
combined with notification required under section 30118(b) of this title;
(2) to specify the earliest date under section 30119(b) of this title
on which the defect or noncompliance will be remedied without charge
under section 30120 of this title; and
(3) if notification was required under subsection (a) of this section,
to reimburse an owner or purchaser for reasonable and necessary ex-
penses (in an amount that is not more than the amount specified in
the order of the Secretary under subsection (a)) incurred for repairing
the defect or noncompliance during the period beginning on the date
256
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, a civil action
about an order issued under section 30118(b) of this title must be brought
in the United States district court for a judicial district in the State in
which the manufacturer is incorporated or the District of Columbia. On mo-
tion of a party, the court may transfer the action to another district court
if good cause is shown. All actions related to the same order under section
30118(b) shall be consolidated in an action in one judicial district under an
order of the court in which the first action was brought. If the first action
is transferred to another court, that court shall issue the consolidation
order.
§ 30122. Making safety devices and elements inoperative
(a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’ means
a person holding itself out to the public to repair for compensation a motor
vehicle or motor vehicle equipment.
(b) PROHIBITION.—A manufacturer, distributor, dealer, or motor vehicle
repair business may not knowingly make inoperative any part of a device
or element of design installed on or in a motor vehicle or motor vehicle
equipment in compliance with an applicable motor vehicle safety standard
prescribed under this chapter unless the manufacturer, distributor, dealer,
or repair business reasonably believes the vehicle or equipment will not be
used (except for testing or a similar purpose during maintenance or repair)
when the device or element is inoperative.
(c) REGULATIONS.—The Secretary of Transportation may prescribe regu-
lations—
(1) to exempt a person from this section if the Secretary decides the
exemption is consistent with motor vehicle safety and section 30101 of
this title; and
(2) to define ‘‘make inoperative’’.
(d) NONAPPLICATION.—This section does not apply to a safety belt inter-
lock or buzzer designed to indicate a safety belt is not in use as described
in section 30124 of this title.
§ 30123. Tires
(a) LABELING REQUIREMENT.—The Secretary of Transportation shall re-
quire that a pneumatic tire subject to a motor vehicle safety standard pre-
scribed under this chapter be labeled permanently and conspicuously with
safety information the Secretary decides is necessary to carry out section
30101 of this title.
(b) CONTENTS OF LABEL.—Labeling required on a tire under subsection
(a) of this section shall include—
257
(1)(A) identification of the manufacturer;
(B) for a retreaded tire, identification of the retreader; or
(C) for a tire containing a brand name (other than the name of the
manufacturer), a code mark allowing a seller to identify the manufac-
turer to the purchaser;
(2) the composition of material used in the ply of the tire;
(3) the number of plies in the tire;
(4) the maximum allowable load for the tire; and
(5)(A) a statement that the tire complies with minimum safe per-
formance standards prescribed under this chapter; or
(B) a mark or symbol the Secretary prescribes for use by a manufac-
turer or retreader complying with those standards.
(c) ADDITIONAL INFORMATION.—The Secretary may require that addi-
tional safety information be disclosed to a purchaser when a tire is sold.
(d) 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, of a regrooved tire
or a motor vehicle equipped with regrooved tires if the Secretary decides the
tires are designed and made in a way consistent with section 30101 of this
title. A person may not sell, offer for sale, introduce for sale, or deliver for
introduction in interstate commerce, a regrooved tire or a vehicle equipped
with regrooved tires unless authorized by the Secretary.
(e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND MAR-
KETING PRACTICES.—The Secretary shall prescribe through standards a
uniform quality grading system for motor vehicle tires to help consumers
make an informed choice when purchasing tires. The Secretary also shall
cooperate with industry and the Federal Trade Commission to the greatest
extent practicable to eliminate deceptive and confusing tire nomenclature
and marketing practices. A tire standard or regulation prescribed under this
chapter supersedes an order or administrative interpretation of the Commis-
sion.
(f) MAXIMUM LOAD STANDARDS.—The Secretary shall require a motor
vehicle to be equipped with tires that meet maximum load standards when
the vehicle is loaded with a reasonable amount of luggage and the total
number of passengers the vehicle is designed to carry. The vehicle shall be
equipped with those tires by the manufacturer or by the first purchaser
when the vehicle is first bought in good faith other than for resale.
258
§ 30124. Buzzers indicating nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter may not
require or allow a manufacturer to comply with the standard by using a
safety belt interlock designed to prevent starting or operating a motor vehi-
cle if an occupant is not using a safety belt or a buzzer designed to indicate
a safety belt is not in use, except a buzzer that operates only during the
8-second period after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.
§ 30125. Schoolbuses and schoolbus equipment
(a) DEFINITIONS.—In this section—
(1) ‘‘schoolbus’’ means a passenger motor vehicle designed to carry
a driver and more than 10 passengers, that the Secretary of Transpor-
tation 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 or manufactured or sold to replace or improve a system,
part, or component of a schoolbus or as an accessory or addition to
a schoolbus.
(b) STANDARDS.—The Secretary shall prescribe motor vehicle safety
standards for schoolbuses and schoolbus equipment manufactured in, or im-
ported into, the United States. Standards shall include minimum perform-
ance 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 to be test-driven by a manufacturer before introduc-
tion 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
inspection of used motor vehicles. Therefore, the Secretary of Transpor-
tation shall prescribe uniform motor vehicle safety standards applicable to
all used motor vehicles. The standards shall be stated in terms of motor ve-
hicle safety performance.
259
§ 30127. Automatic occupant crash protection and seat belt
use
(a) DEFINITIONS.—In this section—
(1) ‘‘bus’’ means a motor vehicle with motive power (except a trailer)
designed to carry more than 10 individuals.
(2) ‘‘multipurpose passenger vehicle’’ means a motor vehicle with
motive power (except a trailer), designed to carry not more than 10
individuals, that is constructed either on a truck chassis or with special
features for occasional off-road operation.
(3) ‘‘passenger car’’ means a motor vehicle with motive power (ex-
cept a multipurpose passenger vehicle, motorcycle, or trailer) designed
to carry not more than 10 individuals.
(4) ‘‘truck’’ means a motor vehicle with motive power (except a trail-
er) designed primarily to transport property or special purpose equip-
ment.
(b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than Sep-
tember 1, 1993, the Secretary of Transportation shall prescribe under this
chapter an amendment to Federal Motor Vehicle Safety Standard 208 is-
sued under the National Traffic and Motor Vehicle Safety Act of 1966. The
amendment shall require that the automatic occupant crash protection sys-
tem 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’s annual production of pas-
senger cars manufactured after August 31, 1996, and before Septem-
ber 1, 1997.
(B) 80 percent of each manufacturer’s annual production of buses,
multipurpose passenger vehicles, and trucks (except walk-in van-type
trucks and vehicles designed to be sold only to the United States Postal
Service) with a gross vehicle weight rating of not more than 8,500
pounds and an unloaded vehicle weight of not more than 5,500 pounds
manufactured after August 31, 1997, and before September 1, 1998.
(C) 100 percent of each manufacturer’s annual production of pas-
senger cars manufactured after August 31, 1997.
(D) 100 percent of each manufacturer’s annual production of vehi-
cles described in clause (B) of this paragraph manufactured after Au-
gust 31, 1998.
(2) Manufacturers may not use credits and incentives available before
September 1, 1998, under the provisions of Standard 208 (as amended by
260
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 shall require, to be effective as soon as possible
after the amendment is prescribed, that owner manuals for passenger cars,
buses, multipurpose passenger vehicles, and trucks equipped with an inflat-
able restraint include a statement in an easily understandable format stat-
ing that—
(1) either or both of the front outboard seating positions of the vehi-
cle 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 occu-
pant in a front outboard seating position to provide restraint or protec-
tion 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 inter-
est for each State to adopt and enforce mandatory seat belt use laws and
for the United States Government to adopt and enforce mandatory seat belt
use regulations.
(e) TEMPORARY EXEMPTIONS.—(1) On application of a manufacturer,
the Secretary of Transportation may exempt, on a temporary basis, motor
vehicles of that manufacturer from any requirement under subsections (b)
and (c) of this section on terms the Secretary considers appropriate. An ex-
emption may be renewed.
(2) The Secretary of Transportation may grant an exemption under para-
graph (1) of this subsection if the Secretary finds that there has been a
disruption in the supply of any component of an inflatable restraint or in
the use and installation of that component by the manufacturer because of
an unavoidable event not under the control of the manufacturer that will
prevent the manufacturer from meeting its anticipated production volume
of vehicles with those restraints.
(3) Only an affected manufacturer may apply for an exemption. The Sec-
retary of Transportation shall prescribe in the amendment to Standard 208
required under this section the information an affected manufacturer must
include in its application under this subsection. The manufacturer shall
specify in the application the models, lines, and types of vehicles affected.
261
The Secretary may consolidate similar applications from different manufac-
turers.
(4) An exemption or renewal of an exemption is conditioned on the com-
mitment of the manufacturer to recall the exempted vehicles for installation
of the omitted inflatable restraints within a reasonable time that the manu-
facturer proposes and the Secretary of Transportation approves after the
components become available in sufficient quantities to satisfy both antici-
pated production and recall volume requirements.
(5) The Secretary of Transportation shall publish in the Federal Register
a notice of each application under this subsection and each decision to grant
or deny a temporary exemption and the reasons for the decision.
(6) The Secretary of Transportation shall require a label for each exempt-
ed vehicle that can be removed only after recall and installation of the re-
quired inflatable restraint. The Secretary shall require that written notice
of the exemption be provided to the dealer and the first purchaser of each
exempted vehicle other than for resale, with the notice being provided in a
way, and containing the information, the Secretary considers appropriate.
(f) APPLICATION.—(1) This section revises, but does not replace, Stand-
ard 208 as in effect on December 18, 1991, including the amendment of
March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the re-
quirements for automatic crash protection, with incentives for more innova-
tive automatic crash protection, to trucks, buses, and multipurpose pas-
senger vehicles. This section may not be construed as—
(A) affecting another provision of law carried out by the Secretary
of Transportation applicable to passenger cars, buses, multipurpose
passenger vehicles, or trucks; or
(B) establishing a precedent related to developing or prescribing a
Government motor vehicle safety standard.
(2) This section and amendments to Standard 208 made under this sec-
tion may not be construed as indicating an intention by Congress to affect
any liability of a motor vehicle manufacturer under applicable law related
to vehicles with or without inflatable restraints.
(g) REPORT.—(1) On October 1, 1992, and every 6 months after that
date through October 1, 2000, the Secretary of Transportation shall submit
reports on the effectiveness of occupant restraint systems expressed as a
percentage reduction in fatalities or injuries of restrained occupants com-
pared 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.
262
(2) In consultation with the Secretaries of Labor and Defense, the Sec-
retary of Transportation also shall provide information and analysis on lap
and shoulder belt use, nationally and in each State by—
(A) military personnel;
(B) Government, State, and local law enforcement officers;
(C) other Government and State employees; and
(D) the public.
(h) AIRBAGS FOR GOVERNMENT CARS.—In cooperation with the Adminis-
trator of General Services and the heads of appropriate departments, agen-
cies, and instrumentalities of the Government, the Secretary of Transpor-
tation shall establish a program, consistent with applicable procurement
laws of the Government and available appropriations, requiring that all pas-
senger cars 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.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR
VEHICLES AND EQUIPMENT
§ 30141. Importing motor vehicles capable of complying with
standards
(a) GENERAL.—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 manu-
factured 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 applica-
ble motor vehicle safety standards prescribed under this chap-
ter; or
(B) if there is no substantially similar United States motor vehi-
cle, the safety features of the vehicle comply with or are capable
of being altered to comply with those standards based on destruc-
263
tive test information or other evidence the Secretary of Transpor-
tation 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.
(b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABILITY.—(1)
The Secretary of Transportation shall establish by regulation procedures for
making a decision under subsection (a)(1) of this section and the informa-
tion a petitioner must provide to show clearly that the motor vehicle is capa-
ble of being brought into compliance with applicable motor vehicle safety
standards prescribed under this chapter. In establishing the procedures, the
Secretary shall provide for a minimum period of public notice and written
comment consistent with ensuring expeditious, but complete, consideration
and avoiding delay by any person. In making a decision under those proce-
dures, the Secretary shall consider test information and other information
available to the Secretary, including any information provided by the manu-
facturer. 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 shall publish each year in the Fed-
eral Register a list of all decisions made under subsection (a)(1) of this sec-
tion. Each published decision applies to the model of the motor vehicle for
which the decision was made. A positive decision permits another importer
registered under subsection (c) of this section to import a vehicle of the
same model under this section if the importer complies with all the terms
of the decision.
(c) REGISTRATION.—(1) The Secretary of Transportation shall establish
procedures for registering a person who complies with requirements pre-
scribed by the Secretary by regulation under this subsection, including—
(A) recordkeeping requirements;
(B) inspection of records and facilities related to motor vehicles 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 responsibil-
ities under sections 30117(b), 30118–30121, and 30166(f) of this title.
264
(2) The Secretary of Transportation shall deny registration to a person
whose registration is revoked under paragraph (4) of this subsection.
(3) The Secretary of Transportation may deny registration to a person
that is or was owned or controlled by, or under common ownership or con-
trol with, a person whose registration was revoked under paragraph (4) of
this subsection.
(4) The Secretary of Transportation 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 sub-
chapter or section 30112, 30115, 30117–30122, 30125(c), 30127, or
30166 of this title or regulations prescribed under this subchapter or
those sections;
(B) automatically suspending a registration for not paying a fee
under subsection (a)(3) of this section in a timely manner or for know-
ingly filing a false or misleading certification under section 30146 of
this title; and
(C) reinstating suspended registrations.
(d) BONDS.—(1) A person importing a motor vehicle under this section
shall provide a bond to the Secretary of the Treasury (acting for the Sec-
retary of Transportation) and comply with the terms the Secretary of
Transportation decides are appropriate to ensure that the vehicle—
(A) will comply with applicable motor vehicle safety standards pre-
scribed under this chapter within a reasonable time (specified by the
Secretary of Transportation) 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 (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 Transpor-
tation shall review and make appropriate adjustments at least every 2 years
in the amounts of the fees required to be paid under subsection (a)(3) of
this section. The Secretary of Transportation shall establish the fees for
each fiscal year before the beginning of that year. All fees collected remain
available until expended without fiscal year limit to the extent provided in
advance by appropriation laws. The amounts are only for use by the Sec-
retary of Transportation—
(1) in carrying out this section and sections 30146(a)–(c)(1), (d),
and (e) and 30147(b) of this title; and
265
(2) in advancing to the Secretary of the Treasury amounts for costs
incurred under this section and section 30146 of this title to reimburse
the Secretary of the Treasury for those costs.
§ 30142. Importing motor vehicles for personal use
(a) GENERAL.—Section 30112(a) of this title does not apply to an im-
ported 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.
(b) EXEMPTIONS.—(1) To receive an exemption under subsection (a) of
this section, an individual must—
(A) provide the Secretary of the Treasury (acting for the Secretary
of Transportation) with—
(i) an appropriate bond in an amount determined under section
30141(d) of this title;
(ii) a copy of an agreement with an importer registered under
section 30141(c) of this title for bringing the motor vehicle into
compliance with applicable motor vehicle safety standards pre-
scribed under this chapter; and
(iii) a certification that the vehicle meets the requirement of sec-
tion 30141(a)(1)(A) or (B) of this title; and
(B) comply with appropriate terms the Secretary of Transportation
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)
after the vehicle is imported; or
(ii) will be exported (at no cost to the United States Govern-
ment) by the Secretary of the Treasury or abandoned to the Gov-
ernment.
(2) For good cause shown, the Secretary of Transportation may allow an
individual additional time, but not more than 30 days after the day on
which the motor vehicle is offered for import, to comply with paragraph
(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—
266
(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 perma-
nent duty station.
(b) GENERAL.—Section 30112(a) of this title does not apply to a motor
vehicle imported for personal use, and not for resale, by an individual—
(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 Octo-
ber 30, 1988.
(c) CERTIFICATION.—Subsection (b) of this section is carried out by cer-
tification in the form the Secretary of Transportation or the Secretary of
the Treasury may prescribe.
§ 30144. Importing motor vehicles on a temporary basis
(a) GENERAL.—Section 30112(a) of this title does not apply to a motor
vehicle imported on a temporary basis for personal use by an individual who
is a member of—
(1)(A) the personnel of the government of a foreign country on as-
signment in the United States or a member of the Secretariat of a pub-
lic international organization designated under the International Orga-
nization Immunities Act (22 U.S.C. 288 et seq.); and
(B) the class of individuals for whom the Secretary of State has au-
thorized free importation of motor vehicles; or
(2) the armed forces of a foreign country on assignment in the Unit-
ed States.
(b) VERIFICATION.—The Secretary of Transportation or the Secretary of
the Treasury may require verification, that the Secretary of Transportation
considers appropriate, that an individual is a member described under sub-
section (a) of this section. The Secretary of Transportation shall ensure that
a motor vehicle imported under this section will be exported (at no cost to
267
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) of this section.
(c) SALE IN THE UNITED STATES.—A motor vehicle 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 does not apply to a motor vehicle or motor
vehicle equipment if the vehicle or equipment—
(1) requires further manufacturing to perform its intended function
as decided under regulations prescribed by the Secretary of Transpor-
tation; and
(2) is accompanied at the time of importation by a written statement
issued by the manufacturer indicating the applicable motor vehicle safe-
ty standard prescribed under this chapter with which it does not com-
ply.
§ 30146. Release of motor vehicles and bonds
(a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as provided in
subsections (c) and (d) of this section, an importer registered under section
30141(c) of this title may license or register an imported motor vehicle for
use on public streets, roads, or highways, or release custody of a motor vehi-
cle imported by the registered importer or imported by an individual under
section 30142 of this title and altered by the registered importer to meet
applicable motor vehicle safety standards prescribed under this chapter to
a person for license or registration for use on public streets, roads, or high-
ways, only after 30 days after the registered importer certifies to the Sec-
retary of Transportation, in the way the Secretary prescribes, that the
motor vehicle complies with each standard prescribed in the year the vehicle
was manufactured and that applies in that year to that vehicle. A vehicle
may not be released if the Secretary gives written notice before the end of
the 30-day period that the Secretary will inspect the vehicle under sub-
section (c) of this section.
(2) The Secretaries of Transportation and the Treasury shall prescribe
regulations—
(A) ensuring the release of a motor vehicle and bond required under
section 30141(d) of this title at the end of the 30-day period, unless
the Secretary of Transportation issues a notice of an inspection under
subsection (c) of this section; and
(B) providing that the Secretary of Transportation shall release the
vehicle and bond promptly after an inspection under subsection (c) of
268
this section showing compliance with the standards applicable to the ve-
hicle.
(3) Each registered importer shall include on each motor vehicle released
under this subsection a label prescribed by the Secretary of Transportation
identifying the importer and stating that the vehicle has been altered by the
importer to comply with the standards applicable to the vehicle.
(b) RELIANCE ON MANUFACTURER’S CERTIFICATION.—In making a cer-
tification under subsection (a)(1) of this section, the registered importer
may rely on the manufacturer’s certification for the model to which the
motor vehicle involved is substantially similar if the importer certifies that
any alteration made by the importer did not affect the compliance of the
safety features of the vehicle and the importer keeps records verifying the
certification for the period the Secretary of Transportation prescribes.
(c) EVIDENCE OF COMPLIANCE.—(1) The Secretary of Transportation
may require that the certification under subsection (a)(1) of this section be
accompanied by evidence of compliance the Secretary considers appropriate
or may inspect the certified motor vehicle, or both. If the Secretary gives
notice of an inspection, an importer may release the vehicle only after—
(A) an inspection showing the motor vehicle complies with applicable
motor vehicle safety standards prescribed under this chapter for which
the inspection was made; and
(B) release of the vehicle by the Secretary.
(2) The Secretary of Transportation shall inspect periodically a represent-
ative number of motor vehicles for which certifications have been filed under
subsection (a)(1) of this section. In carrying out a motor vehicle testing pro-
gram under this chapter, the Secretary shall include a representative num-
ber of motor vehicles for which certifications have been filed under sub-
section (a)(1).
(d) CHALLENGING THE CERTIFICATION.—A motor vehicle or bond may
not be released under subsection (a) of this section if the Secretary of
Transportation, not later than 30 days after receiving a certification under
subsection (a)(1) of this section, gives written notice that the Secretary be-
lieves or has reason to believe that the certification is false or contains a
mispresentation. The vehicle and bond may be released only after the Sec-
retary is satisfied with the certification and any modification of the certifi-
cation.
(e) BOND RELEASE.—A release of a bond required under section
30141(d) of this title is deemed an acceptance of a certification or comple-
tion of an inspection under this section but is not a decision by the Sec-
retary of Transportation under section 30118(a) or (b) of this title of com-
269
pliance with applicable motor vehicle safety standards 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),
30118–30121, and 30166(f) of this title—
(A) for a defect or noncompliance with an applicable motor vehicle
safety standard prescribed under this chapter for a motor vehicle origi-
nally manufactured for import into the United States, an imported
motor vehicle having a valid certification under section 30146(a)(1) of
this title and decided to be substantially similar to that motor vehicle
shall be deemed as having the same defect or as not complying with
the same standard unless the manufacturer or importer registered
under section 30141(c) of this title demonstrates otherwise to the Sec-
retary of Transportation; and
(B) the registered importer shall be deemed to be the manufacturer
of any motor vehicle that the importer imports or brings into compli-
ance with the standards for an individual under section 30142 of this
title.
(2) The Secretary shall publish in the Federal Register notice of any de-
fect or noncompliance under paragraph (1)(A) of this subsection.
(b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary shall re-
quire by regulation each registered importer (including any successor in in-
terest) to provide and maintain evidence, satisfactory to the Secretary, of
sufficient financial responsibility to meet its obligations under sections
30117(b), 30118–30121, and 30166(f) of this title.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
§ 30161. Judicial review of standards
(a) FILING AND VENUE.—A person adversely affected by an order pre-
scribing a motor vehicle safety standard under this chapter may apply for
review of the order by filing a petition for review in the court of appeals
of the United States for the circuit in which the person resides or has its
principal place of business. The petition must be filed not later than 59 days
after the order is issued.
(b) NOTIFYING SECRETARY.—The clerk of the court shall send imme-
diately a copy of the petition to the Secretary of Transportation. The Sec-
retary 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
270
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 be-
cause of the additional evidence presented. The Secretary shall file a modi-
fied 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 pro-
ceeding under this section has begun or becomes final.
(e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—A judg-
ment of a court under this section is final and may be reviewed only by
the Supreme Court under section 1254 of title 28.
§ 30162. Petitions by interested persons for standards and
enforcement
(a) FILING.—Any interested person may file a petition with the Secretary
of Transportation requesting the Secretary to begin a proceeding—
(1) to prescribe a motor vehicle safety standard under this chapter;
or
(2) to decide whether to issue an order under section 30118(b) of
this title.
(b) STATEMENT OF FACTS.—The petition must state facts that the per-
son claims establish that a motor vehicle safety standard or order referred
to in subsection (a) of this section is necessary and briefly describe the
order the Secretary should issue.
(c) PROCEEDINGS.—The Secretary may hold a public hearing or conduct
an investigation or proceeding to decide whether to grant the petition.
(d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny a peti-
tion not later than 120 days after the petition is filed. If a petition is grant-
ed, the Secretary shall begin the proceeding promptly. If a petition is de-
nied, 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 to enjoin—
(1) a violation of this chapter or a regulation prescribed or order is-
sued under this chapter; and
(2) the sale, offer for sale, or introduction or delivery for introduc-
tion, in interstate commerce, or the importation into the United States,
271
of a motor vehicle or motor vehicle equipment for which it is decided,
before the first purchase in good faith other than for resale, that the
vehicle or equipment—
(A) contains a defect related to motor vehicle safety about which
notice was given under section 30118(c) of this title or an order
was issued under section 30118(b) of this title; or
(B) does not comply with an applicable motor vehicle safety
standard prescribed under this chapter.
(b) PRIOR NOTICE.—When practicable, the Secretary of Transportation
shall notify a person against whom a civil action under subsection (a) of
this section is planned, give the person an opportunity to present that per-
son’s views, and, except for a knowing and willful violation of this chapter,
give the person a reasonable opportunity to remedy the defect or comply
with the applicable motor vehicle safety standard prescribed under this
chapter. Failure to give notice and an opportunity to remedy the defect or
comply with the applicable motor vehicle safety standard prescribed under
this chapter does not prevent a court from granting appropriate relief.
(c) VENUE.—Except as provided in section 30121(d) of this title, a civil
action under this section or section 30165(a) of this title may be brought
in the judicial district in which the violation occurred or the defendant is
found, resides, or does business. Process in the action may be served in any
other judicial district in which the defendant resides or is found.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction or restraining order issued under subsection (a) of this sec-
tion, the violation of which is also a violation of this chapter, the defendant
may demand a jury trial. The defendant shall be tried as provided in rule
42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(e) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec-
tion, a subpena for a witness may be served in any judicial district.
§ 30164. Service of process
(a) DESIGNATING AGENTS.—A manufacturer offering a motor vehicle or
motor vehicle equipment for import shall designate an agent on whom serv-
ice of notices and process in administrative and judicial proceedings may be
made. The designation shall be in writing and filed with the Secretary of
Transportation. The designation may be changed in the same way as origi-
nally 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 man-
ufacturer. If a manufacturer does not designate an agent, service may be
made by posting the notice or process in the office of the Secretary.
272
§ 30165. Civil penalty
(a) PENALTY.—A person that violates section 30112, 30115, 30117–
30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166 of this title or
a regulation prescribed under those sections is liable to the United States
Government for a civil penalty of not more than $1,000 for each violation.
A separate violation occurs for each motor vehicle or item of motor vehicle
equipment and for each failure or refusal to allow or perform an act re-
quired by those sections. The maximum penalty under this subsection for
a related series of violations is $800,000.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation
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) CONSIDERATIONS.—In determining the amount of a civil penalty or
compromise, the appropriateness of the penalty or compromise to the size
of the business of the person charged and the gravity of the violation shall
be considered.
(d) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec-
tion, a subpena for a witness may be served in any judicial district.
§ 30166. Inspections, investigations, and records
(a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means an oc-
currence associated with the maintenance or operation of a motor vehicle
or motor vehicle equipment resulting in personal injury, death, or property
damage.
(b) AUTHORITY TO INSPECT AND INVESTIGATE.—(1) The Secretary of
Transportation 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 accident and designed to carry out this
chapter.
(2) The Secretary of Transportation shall cooperate with State 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 carry-
ing out this chapter, an officer or employee designated by the Secretary of
Transportation—
(1) at reasonable times, may inspect and copy any record related to
this chapter;
(2) on request, may inspect records of a manufacturer, distributor,
or dealer to decide whether the manufacturer, distributor, or dealer has
273
complied or is complying with this chapter or a regulation prescribed
or order issued under this chapter; and
(3) at reasonable times, in a reasonable way, and on display of prop-
er credentials and written notice to an owner, operator, or agent in
charge, may—
(A) enter and inspect with reasonable promptness premises in
which a motor vehicle or motor vehicle equipment is manufactured,
held for introduction in interstate commerce, or held for sale after
introduction in interstate commerce;
(B) enter and inspect with reasonable promptness premises at
which a vehicle or equipment involved in a motor vehicle accident
is located;
(C) inspect with reasonable promptness that vehicle or equip-
ment; and
(D) impound for not more than 72 hours a vehicle or equipment
involved in a motor vehicle accident.
(d) REASONABLE COMPENSATION.—When a motor vehicle (except a vehi-
cle subject to subchapter II of chapter 105 of this title) or motor vehicle
equipment is inspected or temporarily impounded under subsection (c)(3) of
this section, the Secretary of Transportation shall pay reasonable compensa-
tion 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
reasonably may require a manufacturer of a motor vehicle or motor vehicle
equipment to keep records, and a manufacturer, distributor, or dealer to
make reports, to enable the Secretary to decide whether the manufacturer,
distributor, or dealer has complied or is complying with this chapter or a
regulation prescribed or order issued under this chapter. This subsection
does not impose a recordkeeping requirement on a distributor or dealer in
addition to those imposed under subsection (f) of this section and section
30117(b) of this title or a regulation prescribed or order issued under sub-
section (f) or section 30117(b).
(f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND NON-
COMPLIANCE.—A manufacturer shall give the Secretary of Transportation
a true or representative copy of each communication to the manufacturer’s
dealers or to owners or purchasers of a motor vehicle or replacement equip-
ment produced by the manufacturer about a defect or noncompliance with
a motor vehicle safety standard prescribed under this chapter in a vehicle
or equipment that is sold or serviced.
274
(g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND HEAR-
INGS.—(1) In carrying out this chapter, the Secretary of Transportation
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) of this section may be brought in
the United States district court for the judicial district in which the pro-
ceeding 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
may request a department, agency, or instrumentality of the United States
Government to provide records the Secretary considers necessary to carry
out this chapter. The head of the department, agency, or instrumentality
shall provide the record on request, may detail personnel on a reimbursable
basis, and otherwise shall cooperate with the Secretary. This subsection does
not affect a law limiting the authority of a department, agency, or instru-
mentality to provide information to another department, agency, or instru-
mentality.
(j) COOPERATION OF SECRETARY.—The Secretary of Transportation may
advise, assist, and cooperate with departments, agencies, and instrumental-
ities of the Government, States, and other public and private agencies in
developing a method for inspecting and testing to determine compliance with
a motor vehicle safety standard.
(k) PROVIDING INFORMATION.—The Secretary of Transportation shall
provide the Attorney General and, when appropriate, the Secretary of the
Treasury, information obtained that indicates a violation of this chapter or
a regulation prescribed or order issued under this chapter.
§ 30167. Disclosure of information by the Secretary of Trans-
portation
(a) CONFIDENTIALITY OF INFORMATION.—Information obtained under
this chapter related to a confidential matter referred to in section 1905 of
title 18 may be disclosed only in the following ways:
(1) to other officers and employees carrying out this chapter.
275
(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 decides that
disclosure is necessary to carry out section 30101 of this title.
(b) DEFECT AND NONCOMPLIANCE INFORMATION.—Subject to subsection
(a) of this section, the Secretary shall disclose information obtained under
this chapter related to a defect or noncompliance that the Secretary decides
will assist in carrying out sections 30117(b) and 30118–30121 of this title
or that is required to be disclosed under section 30118(a) of this title. A
requirement to disclose information under this subsection is in addition to
the requirements of section 552 of title 5.
(c) INFORMATION
ABOUT
MANUFACTURER’S
INCREASED
COSTS.—A
manufacturer opposing an action of the Secretary under this chapter be-
cause of increased cost shall submit to the Secretary information about the
increased cost, including the manufacturer’s cost and the cost to retail pur-
chasers, that allows the public and the Secretary to evaluate the manufac-
turer’s statement. The Secretary shall evaluate the information promptly
and, subject to subsection (a) of this section, shall make the information
and evaluation available to the public. The Secretary shall publish a notice
in the Federal Register that the information is available.
(d) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
§ 30168. Research, testing, development, and training
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation shall
conduct research, testing, development, and training necessary to carry out
this chapter. The research, development, testing, and training shall in-
clude—
(A) collecting information to determine the relationship between
motor vehicle or motor vehicle equipment performance characteristics
and—
(i) accidents involving motor vehicles; and
(ii) the occurrence of death or personal injury resulting from
those accidents;
(B) obtaining experimental and other motor vehicles and motor vehi-
cle equipment for research or testing; and
(C) selling or otherwise disposing of test motor vehicles and motor
vehicle equipment and crediting the proceeds to current appropriations
available to carry out this chapter.
(2) The Secretary may carry out this subsection through grants to States,
interstate authorities, and nonprofit institutions.
276
(b) USE OF PUBLIC AGENCIES.—In carrying out this chapter, the Sec-
retary shall use the services, research, and testing facilities of public agen-
cies to the maximum extent practicable to avoid duplication.
(c) FACILITIES.—The Secretary may plan, design, and build a new facil-
ity or modify an existing facility to conduct research, development, and test-
ing in traffic safety, highway safety, and motor vehicle safety. An expendi-
ture of more than $100,000 for planning, design, or construction may be
made only if the planning, design, or construction is approved by substan-
tially similar resolutions by the Committees on Energy and Commerce and
Public Works and Transportation of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Environment
and Public Works of the Senate. To obtain that approval, the Secretary
shall submit to Congress a prospectus on the proposed facility. The prospec-
tus shall include—
(1) a brief description of the facility being planned, designed, or
built;
(2) the location of the facility;
(3) an estimate of the maximum cost of the facility;
(4) a statement identifying private and public agencies that will use
the facility and the contribution each agency will make to the cost of
the facility; and
(5) a justification of the need for the facility.
(d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated maxi-
mum cost of a facility approved under subsection (c) of this section may
be increased by an amount equal to the percentage increase in construction
costs from the date the prospectus is submitted to Congress. However, the
increase in the cost of the facility may not be more than 10 percent of the
estimated maximum cost included in the prospectus. The Secretary shall de-
cide what increase in construction costs has occurred.
(e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—
When the United States Government makes more than a minimal contribu-
tion to a research or development activity under this chapter, the Secretary
shall include in the arrangement for the activity a provision to ensure that
all information, patents, and developments related to the activity are avail-
able to the public. However, the owner of a background patent may not be
deprived of a right under the patent.
§ 30169. Annual reports
(a) GENERAL REPORT.—The Secretary of Transportation shall submit to
the President to submit to Congress on July 1 of each year a report on
the administration of this chapter for the prior calendar year. The report
shall include—
277
(1) a thorough statistical compilation of accidents and injuries;
(2) motor vehicle safety standards 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 de-
scription of the problems to be considered under those grants and con-
tracts;
(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 in improving traffic safety and strengthening the na-
tional 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. After the first report,
the Secretary shall submit a report to Congress under this subsection not
later than July 31 of each year.
CHAPTER 303—NATIONAL DRIVER REGISTER
Sec.
30301.
Definitions.
30302.
National Driver Register.
30303.
State participation.
30304.
Reports by chief driver licensing officials.
30305.
Access to Register information.
30306.
National Driver Register Advisory Committee.
30307.
Criminal penalties.
30308.
Authorization of appropriations.
§ 30301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given that term in regulations
prescribed by the Secretary of Transportation.
(2) ‘‘chief driver licensing official’’ means the official in a State who
is authorized to—
(A) maintain a record about a motor vehicle operator’s license
issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor vehicle oper-
ator’s license issued by the State.
278
(3) ‘‘controlled substance’’ has the same meaning given that term in
section 102 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 802).
(4) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used on public
streets, roads, or highways, but does not include a vehicle operated only
on a rail line.
(5) ‘‘motor vehicle operator’s license’’ means a license issued by a
State authorizing an individual to operate a motor vehicle on public
streets, roads, or highways.
(6) ‘‘participating State’’ means a State that has notified the Sec-
retary under section 30303 of this title of its participation in the Na-
tional Driver Register.
(7) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States.
(8) ‘‘State of record’’ means a State that has given the Secretary
a report under section 30304 of this title about an individual who is
the subject of a request for information made under section 30305 of
this title.
§ 30302. National Driver Register
(a) ESTABLISHMENT AND CONTENTS.—The Secretary of Transportation
shall establish as soon as practicable and maintain a National Driver Reg-
ister to assist chief driver licensing officials of participating States in ex-
changing information about the motor vehicle driving records of individuals.
The Register shall contain an index of the information reported to the Sec-
retary under section 30304 of this title. The Register shall enable the Sec-
retary (electronically or, until all States can participate electronically, by
United States mail)—
(1) to receive information submitted under section 30304 of this title
by the chief driver licensing official of a State of record;
(2) to receive a request for information made by the chief driver li-
censing official of a participating State under section 30305 of this
title;
(3) to refer the request to the chief driver licensing official of a State
of record; and
(4) in response to the request, to relay information provided by a
chief driver licensing official of a State of record to the chief driver li-
censing official of a participating State, without interception of the in-
formation.
279
(b) ACCURACY OF INFORMATION.—The Secretary is not responsible for
the accuracy of information relayed to the chief driver licensing official of
a participating State. However, the Secretary shall maintain the Register
in a way that ensures against inadvertent alteration of information during
a relay.
(c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall pro-
vide by regulation for the orderly transition from the register maintained
under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as re-
stated by section 401 of the National Traffic and Motor Vehicle Safety Act
of 1966 (Public Law 89–563, 80 Stat. 730), to the Register maintained
under this chapter.
(2)(A) The Secretary shall delete from the Register a report or informa-
tion that was compiled under the Act of July 14, 1960 (Public Law 86–
660, 74 Stat. 526), as restated by section 401 of the National Traffic and
Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and
transferred to the Register, after the earlier of—
(i) the date the State of record removes it from the State’s file;
(ii) 7 years after the date the report or information is entered in the
Register; or
(iii) the date a fully electronic Register system is established.
(B) The report or information shall be disposed of under chapter 33 of
title 44.
(3) If the chief driver licensing official of a participating State finds that
information provided for inclusion in the Register is erroneous or is related
to a conviction of a traffic offense that subsequently is reversed, the official
immediately shall notify the Secretary. The Secretary shall provide for the
immediate deletion of the information from the Register.
(d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter, the Sec-
retary shall assign personnel necessary to ensure the effective operation of
the Register.
§ 30303. State participation
(a) NOTIFICATION.—A State may become a participating State under this
chapter by notifying the Secretary of Transportation of its intention to be
bound by section 30304 of this title.
(b) WITHDRAWAL.—A participating State may end its status as a partici-
pating State by notifying the Secretary of its withdrawal from participation
in the National Driver Register.
(c) FORM AND WAY OF NOTIFICATION.—Notification by a State under
this section shall be made in the form and way the Secretary prescribes by
regulation.
280
§ 30304. Reports by chief driver licensing officials
(a) INDIVIDUALS COVERED.—As soon as practicable, the chief driver li-
censing official of each participating State shall submit to the Secretary of
Transportation a report containing the information specified by subsection
(b) of this section for each individual—
(1) who is denied a motor vehicle operator’s license by that State for
cause;
(2) whose motor vehicle operator’s license is revoked, suspended, or
canceled by that State for cause; or
(3) who is convicted under the laws of that State of any of the fol-
lowing motor vehicle-related offenses or comparable offenses:
(A) operating a motor vehicle while under the influence of, or
impaired by, alcohol or a controlled substance.
(B) a traffic violation arising in connection with a fatal traffic
accident, reckless driving, or racing on the highways.
(C) failing to give aid or provide identification when involved in
an accident resulting in death or personal injury.
(D) perjury or knowingly making a false affidavit or statement
to officials about activities governed by a law or regulation on the
operation of a motor vehicle.
(b) CONTENTS.—(1) Except as provided in paragraph (2) of this sub-
section, a report under subsection (a) of this section shall contain—
(A) the individual’s legal name, date of birth, sex, and, at the Sec-
retary’s discretion, height, weight, and eye and hair color;
(B) the name of the State providing the information; and
(C) the social security account number if used by the State for driver
record or motor vehicle license purposes, and the motor vehicle opera-
tor’s license number if different from the social security account num-
ber.
(2) A report under subsection (a) of this section about an event that oc-
curs during the 2-year period before the State becomes a participating State
is sufficient if the report contains all of the information that is available
to the chief driver licensing official when the State becomes a participating
State.
(c) TIME FOR FILING.—If a report under subsection (a) of this section
is about an event that occurs—
(1) during the 2-year period before the State becomes a participating
State, the report shall be submitted not later than 6 months after the
State becomes a participating State; or
(2) after the State becomes a participating State, the report shall
be submitted not later than 31 days after the motor vehicle department
281
of the State receives any information specified in subsection (b)(1) of
this section that is the subject of the report.
(d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section does not
require a State to report information about an event that occurs before the
2-year period before the State becomes a participating State.
§ 30305. Access to Register information
(a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out duties
related to driver licensing, driver improvement, or transportation safety, the
chief driver licensing official of a participating State may request the Sec-
retary of Transportation to refer, electronically or by United States mail,
a request for information about the motor vehicle driving record of an indi-
vidual to the chief driver licensing official of a State of record.
(2) The Secretary of Transportation shall relay, electronically or by Unit-
ed States mail, information received from the chief driver licensing official
of a State of record in response to a request under paragraph (1) of this
subsection to the chief driver licensing official of the participating State re-
questing the information. However, the Secretary may refuse to relay infor-
mation to the chief driver licensing official of a participating State that does
not comply with section 30304 of this title.
(b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman of the Na-
tional Transportation Safety Board and the Administrator of the Federal
Highway Administration may request the chief driver licensing official of a
State to obtain information under subsection (a) of this section about an
individual who is the subject of an accident investigation conducted by the
Board or the Administrator. The Chairman and the Administrator may re-
ceive the information.
(2) An individual who is employed, or is seeking employment, as a driver
of a motor vehicle may request the chief driver licensing official of the State
in which the individual is employed or seeks employment to provide informa-
tion about the individual under subsection (a) of this section to the individ-
ual’s employer or prospective employer. An employer or prospective em-
ployer may receive the information and shall make the information available
to the individual. Information may not be obtained from the National Driver
Register under this paragraph if the information was entered in the Reg-
ister more than 3 years before the request.
(3) An individual who has received, or is applying for, an airman’s certifi-
cate may request the chief driver licensing official of a State to provide in-
formation about the individual under subsection (a) of this section to the
Administrator of the Federal Aviation Administration. The Administrator
may receive the information and shall make the information available to the
individual for review and written comment. The Administrator may use the
282
information to verify information required to be reported to the Adminis-
trator by an airman applying for an airman medical certificate and to evalu-
ate whether the airman meets the minimum standards prescribed by the Ad-
ministrator to be issued an airman medical certificate. The Administrator
may not otherwise divulge or use the information. Information may not be
obtained from the Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request, unless the infor-
mation is about a revocation or suspension still in effect on the date of the
request.
(4) An individual who is employed, or is seeking employment, by a rail
carrier as an operator of a locomotive may request the chief driver licensing
official of a State to provide information about the individual under sub-
section (a) of this section to the individual’s employer or prospective em-
ployer or to the Secretary of Transportation. Information may not be ob-
tained from the Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request, unless the infor-
mation is about a revocation or suspension still in effect on the date of the
request.
(5) An individual who holds, or is applying for, a license or certificate
of registry under section 7101 of title 46, or a merchant mariner’s docu-
ment under section 7302 of title 46, may request the chief driver licensing
official of a State to provide information about the individual under sub-
section (a) of this section to the Secretary of the department in which the
Coast Guard is operating. The Secretary may receive the information and
shall make the information available to the individual for review and written
comment before denying, suspending, or revoking the license, certificate, or
document of the individual based on the information and before using the
information in an action taken under chapter 77 of title 46. The Secretary
may not otherwise divulge or use the information, except for purposes of
section 7101, 7302, or 7703 of title 46. Information may not be obtained
from the Register under this paragraph if the information was entered in
the Register more than 3 years before the request, unless the information
is about a revocation or suspension still in effect on the date of the request.
(6) An individual may request the chief driver licensing official of a State
to obtain information about the individual under subsection (a) of this sec-
tion—
(A) to learn whether information about the individual is being pro-
vided;
(B) to verify the accuracy of the information; or
(C) to obtain a certified copy of the information.
283
(7) A request under this subsection shall be made in the form and way
the Secretary of Transportation prescribes by regulation.
(c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt of, infor-
mation from the Register is subject to sections 552 and 552a of title 5, and
other applicable laws of the United States or a State, except that—
(1) the Secretary of Transportation may not relay or otherwise pro-
vide information specified in section 30304(b)(1)(A) or (C) of this title
to a person not authorized by this section to receive the information;
(2) a request for, or receipt of, information by a chief driver licens-
ing official, or by a person authorized by subsection (b) of this section
to request and receive the information, is deemed to be a routine use
under section 552a(b) of title 5; and
(3) receipt of information by a person authorized by this section to
receive the information is deemed to be a disclosure under section
552a(c) of title 5, except that the Secretary of Transportation is not
required to retain the accounting made under section 552a(c)(1) for
more than 7 years after the disclosure.
(d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR LAW.—In-
formation provided by a State under the Act of July 14, 1960 (Public Law
86–660, 74 Stat. 526), as restated by section 401 of the National Traffic
and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730),
and under this chapter, shall be available under this section during the tran-
sition from the register maintained under that Act to the Register main-
tained under this chapter.
§ 30306. National Driver Register Advisory Committee
(a) ORGANIZATION.—There is a National Driver Register Advisory Com-
mittee.
(b) DUTIES.—The Committee shall advise the Secretary of Transpor-
tation on—
(1) the efficiency of the maintenance and operation of the National
Driver Register; and
(2) the effectiveness of the Register in assisting States in exchanging
information about motor vehicle driving records.
(c) COMPOSITION AND APPOINTMENT.—The Committee is composed of
15 members appointed by the Secretary as follows:
(1) 3 members appointed from among individuals who are specially
qualified to serve on the Committee because of their education, train-
ing, or experience, and who are not officers or employees of the United
States Government or a State.
284
(2) 3 members appointed from among groups outside the Govern-
ment that represent the interests of bus and trucking organizations,
enforcement officials, labor, or safety organizations.
(3) 9 members, geographically representative of the participating
States, appointed from among individuals who are chief driver licensing
officials of participating States.
(d) TERMS.—(1) Except as provided in paragraph (2) of this subsection,
the term of each member is 3 years.
(2) A vacancy on the Committee shall be filled in the same way as an
original appointment. A member appointed to fill a vacancy serves for the
remainder of the term of that member’s predecessor. After a member’s term
ends, the member may continue to serve until a successor takes office.
(e) PAY AND EXPENSES.—Members of the Committee serve without pay.
However, the Secretary may reimburse a member for reasonable travel ex-
penses incurred by the member in attending meetings of the Committee.
(f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1) The
Committee shall meet at least once a year.
(2) The Committee shall elect a Chairman and a Vice Chairman from
among its members.
(3) Eight members are a quorum.
(4) The Committee shall meet at the call of the Chairman or a majority
of the members.
(g) PERSONNEL AND SERVICES.—The Secretary may provide the Com-
mittee with personnel, penalty mail privileges, and similar services the Sec-
retary considers necessary to assist the Committee in carrying out its duties
and powers under this section.
(h) REPORTS.—At least once a year, the Committee shall submit to the
Secretary a report on the matters specified in subsection (b) of this section.
The report shall include any recommendations of the Committee for changes
in the Register.
(i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt from
sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5
App. U.S.C.).
§ 30307. Criminal penalties
(a) GENERAL PENALTY.—A person (except an individual described in sec-
tion 30305(b)(6) of this title) shall be fined under title 18, imprisoned for
not more than one year, or both, if—
(1) the person receives under section 30305 of this title information
specified in section 30304(b)(1)(A) or (C) of this title;
(2) disclosure of the information is not authorized by section 30305
of this title; and
285
(3) the person willfully discloses the information knowing that disclo-
sure is not authorized.
(b) INFORMATION PENALTY.—A person knowingly and willfully request-
ing, or under false pretenses obtaining, information specified in section
30304(b)(1)(A) or (C) of this title from a person receiving the information
under section 30305 of this title shall be fined under title 18, imprisoned
for not more than one year, or both.
§ 30308. Authorization of appropriations
(a) GENERAL.—The Secretary of Transportation shall make available
from amounts made available to carry out section 402 of title 23
$4,000,000 for each of the fiscal years ending September 30, 1993, and
September 30, 1994, to carry out this chapter.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
CHAPTER 305—NATIONAL AUTOMOBILE TITLE
INFORMATION SYSTEM
Sec.
30501.
Definitions.
30502.
National Automobile Title Information System.
30503.
State participation.
30504.
Reporting requirements.
30505.
Penalties and enforcement.
§ 30501. Definitions
In this chapter—
(1) ‘‘automobile’’ has the same meaning given that term in section
32901(a) of this title.
(2) ‘‘certificate of title’’ means a document issued by a State showing
ownership of an automobile.
(3) ‘‘insurance carrier’’ means an individual or entity engaged in the
business of underwriting automobile insurance.
(4) ‘‘junk automobile’’ means an automobile that—
(A) is incapable of operating on public streets, roads, and high-
ways; and
(B) has no value except as a source of parts or scrap.
(5) ‘‘junk yard’’ means an individual or entity engaged in the busi-
ness of acquiring or owning junk automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(6) ‘‘operator’’ means the individual or entity authorized or des-
ignated as the operator of the National Automobile Title Information
System under section 30502(b) of this title, or the Secretary of Trans-
portation, if there is no authorized or designated individual or entity.
286
(7) ‘‘salvage automobile’’ means an automobile that is damaged by
collision, fire, flood, accident, trespass, or other event, to the extent
that its fair salvage value plus the cost of repairing the automobile for
legal operation on public streets, roads, and highways would be more
than the fair market value of the automobile immediately before the
event that caused the damage.
(8) ‘‘salvage yard’’ means an individual or entity engaged in the
business of acquiring or owning salvage automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(9) ‘‘State’’ means a State of the United States or the District of
Columbia.
§ 30502. National Automobile Title Information System
(a) ESTABLISHMENT
OR DESIGNATION.—(1) In cooperation with the
States and not later than January 31, 1996, the Secretary of Transpor-
tation shall establish a National Automobile Title Information System that
will provide individuals and entities referred to in subsection (e) of this sec-
tion with instant and reliable access to information maintained by the
States related to automobile titling described in subsection (d) of this sec-
tion. However, if the Secretary decides that the existing information system
meets the requirements of subsections (d) and (e) of this section and will
permit the Secretary to carry out this chapter as early as possible, the Sec-
retary, in consultation with the Attorney General, may designate an existing
information system as the National Automobile Title Information System.
(2) In cooperation with the Attorney General and the States, the Sec-
retary shall ascertain the extent to which title and related information to
be included in the system established under paragraph (1) of this subsection
will be adequate, timely, reliable, uniform, and capable of assisting in efforts
to prevent the introduction or reintroduction of stolen vehicles and parts
into interstate commerce.
(b) OPERATION.—The Secretary may authorize the operation of the Sys-
tem established or designated under subsection (a)(1) of this section by
agreement with one or more States, or by designating, after consulting with
the States, a third party that represents the interests of the States.
(c) USER FEES.—Operation of the System established or designated
under subsection (a)(1) of this section shall be paid for by user fees and
should be self-sufficient and not be dependent on amounts from the United
States Government. The amount of fees the operator collects and keeps
under this subsection subject to annual appropriation laws, excluding fees
the operator collects and pays to an entity providing information to the op-
erator, may be not more than the costs of operating the System.
287
(d) INFORMATION REQUIREMENTS.—The System established or des-
ignated under subsection (a)(1) of this section shall permit a user of the
System at least to establish instantly and reliably—
(1) the validity and status of a document purporting to be a certifi-
cate of title;
(2) whether an automobile bearing a known vehicle identification
number is titled in a particular State;
(3) whether an automobile known to be titled in a particular State
is or has been a junk automobile or a salvage automobile;
(4) for an automobile known to be titled in a particular State, the
odometer mileage disclosure required under section 32705 of this title
for that automobile on the date the certificate of title for that auto-
mobile was issued and any later mileage information, if noted by the
State; and
(5) whether an automobile bearing a known vehicle identification
number has been reported as a junk automobile or a salvage auto-
mobile under section 30504 of this title.
(e) AVAILABILITY OF INFORMATION.—(1) The operator shall make avail-
able—
(A) to a participating State on request of that State, information in
the System about any automobile;
(B) to a Government, State, or local law enforcement official on re-
quest of that official, information in the System about a particular
automobile, junk yard, or salvage yard;
(C) to a prospective purchaser of an automobile on request of that
purchaser, including an auction company or entity engaged in the busi-
ness of purchasing used automobiles, information in the System about
that automobile; and
(D) to a prospective or current insurer of an automobile on request
of that insurer, information in the System about that automobile.
(2) The operator may release only the information reasonably necessary
to satisfy the requirements of paragraph (1) of this subsection. The opera-
tor may not collect an individual’s social security account number or permit
users of the System to obtain an individual’s address or social security ac-
count number.
§ 30503. State participation
(a) STATE INFORMATION.—Each State shall make titling information
maintained by that State available for use in operating the National Auto-
mobile Title Information System established or designated under section
30502 of this title.
288
(b) VERIFICATION CHECKS.—Each State shall establish a practice of per-
forming an instant title verification check before issuing a certificate of title
to an individual or entity claiming to have purchased an automobile from
an individual or entity in another State. The check shall consist of—
(1) communicating to the operator—
(A) the vehicle identification number of the automobile for
which the certificate of title is sought;
(B) the name of the State that issued the most recent certificate
of title for the automobile; and
(C) the name of the individual or entity to whom the certificate
of title was issued; and
(2) giving the operator an opportunity to communicate to the partici-
pating State the results of a search of the information.
(c) GRANTS TO STATES.—(1) In cooperation with the States and not
later than January 1, 1994, the Secretary of Transportation shall—
(A) conduct a review of systems used by the States to compile and
maintain information about the titling of automobiles; and
(B) determine for each State the cost of making titling information
maintained by that State available to the operator to meet the require-
ments of section 30502(d) of this title.
(2) The Secretary may make grants to participating States to be used
in making titling information maintained by those States available to the
operator if—
(A) the grant to a State is not more than the lesser of—
(i) 25 percent of the cost of making titling information main-
tained by that State available to the operator as determined by the
Secretary under paragraph (1)(B) of this subsection; or
(ii) $300,000; and
(B) the Secretary decides that the grants are reasonable and nec-
essary to establish the System.
(d) REPORT TO CONGRESS.—Not later than January 1, 1997, the Sec-
retary shall report to Congress on which States have met the requirements
of this section. If a State has not met the requirements, the Secretary shall
describe the impediments that have resulted in the State’s failure to meet
the requirements.
§ 30504. Reporting requirements
(a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning at a
time established by the Secretary of Transportation that is not sooner than
the 3d month before the establishment or designation of the National Auto-
mobile Title Information System under section 30502 of this title, an indi-
vidual or entity engaged in the business of operating a junk yard or salvage
289
yard shall file a monthly report with the operator of the System. The report
shall contain an inventory of all junk automobiles or salvage automobiles ob-
tained by the junk yard or salvage yard during the prior month. The inven-
tory shall contain—
(A) the vehicle identification number of each automobile obtained;
(B) the date on which the automobile was obtained;
(C) the name of the individual or entity from whom the automobile
was obtained; and
(D) a statement of whether the automobile was crushed or disposed
of for sale or other purposes.
(2) Paragraph (1) of this subsection does not apply to an individual or
entity—
(A) required by State law to report the acquisition of junk auto-
mobiles or salvage automobiles to State or local authorities if those au-
thorities make that information available to the operator; or
(B) issued a verification under section 33110 of this title stating
that the automobile or parts from the automobile are not reported as
stolen.
(b) INSURANCE CARRIERS.—Beginning at a time established by the Sec-
retary that is not sooner than the 3d month before the establishment or des-
ignation of the System, an individual or entity engaged in business as an
insurance carrier shall file a monthly report with the operator. The report
may be filed directly or through a designated agent. The report shall con-
tain an inventory of all automobiles of the current model year or any of the
4 prior model years that the carrier, during the prior month, has obtained
possession of and has decided are junk automobiles or salvage automobiles.
The inventory shall contain—
(1) the vehicle identification number of each automobile obtained;
(2) the date on which the automobile was obtained;
(3) the name of the individual or entity from whom the automobile
was obtained; and
(4) the name of the owner of the automobile at the time of the filing
of the report.
(c) PROCEDURES AND PRACTICES.—The Secretary shall establish by reg-
ulation procedures and practices to facilitate reporting in the least burden-
some and costly fashion.
§ 30505. Penalties and enforcement
(a) PENALTY.—An individual or entity violating this chapter is liable to
the United States Government for a civil penalty of not more than $1,000
for each violation.
290
(b) COLLECTION AND COMPROMISE.—(1) The Secretary of Transpor-
tation shall impose a civil penalty under this section. The Attorney General
shall bring a civil action to collect the penalty. The Secretary may com-
promise the amount of the penalty. In determining the amount of the pen-
alty or compromise, the Secretary shall consider the appropriateness of the
penalty to the size of the business of the individual or entity charged and
the gravity of the violation.
(2) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the individual or
entity liable for the penalty.
PART B—COMMERCIAL
CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I—STATE GRANTS
Sec.
31101.
Definitions.
31102.
Grants to States.
31103.
United States Government’s share of costs.
31104.
Availability of amounts.
31105.
Employee protections.
31106.
Commercial motor vehicle information system program.
31107.
Truck and bus accident grant program.
31108.
Authorization of appropriations.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
31111.
Length limitations.
31112.
Property-carrying unit limitation.
31113.
Width limitations.
31114.
Access to the Interstate System.
31115.
Enforcement.
SUBCHAPTER III—SAFETY REGULATION
31131.
Purposes and findings.
31132.
Definitions.
31133.
General powers of the Secretary of Transportation.
31134.
Commercial Motor Vehicle Safety Regulatory Review Panel.
31135.
Duties of employers and employees.
31136.
United States Government regulations.
31137.
Monitoring device and brake maintenance regulations.
31138.
Minimum financial responsibility for transporting passengers.
31139.
Minimum financial responsibility for transporting property.
31140.
Submission of State laws and regulations for review.
31141.
Review and preemption of State laws and regulations.
31142.
Inspection of vehicles.
31143.
Investigating complaints and protecting complainants.
31144.
Safety fitness of owners and operators.
31145.
Coordination of Governmental activities and paperwork.
31146.
Relationship to other laws.
31147.
Limitations on authority.
SUBCHAPTER IV—MISCELLANEOUS
31161.
Procedures to ensure timely correction of safety violations.
31162.
Compliance review priority.
SUBCHAPTER I—STATE GRANTS
§ 31101. Definitions
In this subchapter—
291
(1) ‘‘commercial motor vehicle’’ means (except in section 31106) a
self-propelled or towed vehicle used on the highways in commerce prin-
cipally to transport passengers or cargo, if the vehicle—
(A) has a gross vehicle weight rating of at least 10,000 pounds;
(B) is designed to transport more than 10 passengers including
the driver; or
(C) is used in transporting material found by the Secretary of
Transportation to be hazardous under section 5103 of this title.
(2) ‘‘employee’’ means a driver of a commercial motor vehicle (in-
cluding an independent contractor when personally operating a com-
mercial motor vehicle), a mechanic, a freight handler, or an individual
not an employer, who—
(A) directly affects commercial motor vehicle safety in the
course of employment by a commercial motor carrier; and
(B) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the course of
employment.
(3) ‘‘employer’’—
(A) means a person engaged in a business affecting commerce
that owns or leases a commercial motor vehicle in connection with
that business, or assigns an employee to operate the vehicle in
commerce; but
(B) does not include the Government, a State, or a political sub-
division of a State.
(4) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
§ 31102. Grants to States
(a) GENERAL AUTHORITY.—Subject to this section and the availability of
amounts, the Secretary of Transportation may make grants to States for
the development or implementation of programs for the enforcement of reg-
ulations, standards, and orders of the United States Government on com-
mercial motor vehicle safety and compatible State regulations, standards,
and orders.
(b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary shall
prescribe procedures for a State to submit a plan under which the State
agrees to adopt and assume responsibility for enforcing regulations, stand-
ards, and orders of the Government on commercial motor vehicle safety or
compatible State regulations, standards, and orders. The Secretary shall ap-
prove the plan if the Secretary decides the plan is adequate to promote the
objectives of this section and the plan—
292
(A) designates the State motor vehicle safety agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances the agency has or will have the
legal authority, resources, and qualified personnel necessary to enforce
the regulations, standards, and orders;
(C) contains satisfactory assurances the State will devote adequate
amounts to the administration of the plan and enforcement of the regu-
lations, standards, and orders;
(D) provides that the total expenditure of amounts of the State and
its political subdivisions (not including amounts of the Government) for
commercial motor vehicle safety programs for enforcement of commer-
cial motor vehicle size and weight limitations, drug interdiction, and
State traffic safety laws and regulations under subsection (c) of this
section will be maintained at a level at least equal to the average level
of that expenditure for its last 3 full fiscal years before December 18,
1991;
(E) provides a right of entry and inspection to carry out the plan;
(F) provides that all reports required under this section be submitted
to the agency and that the agency will make the reports available to
the Secretary on request;
(G) provides that the agency will adopt the reporting requirements
and use the forms for recordkeeping, inspections, and investigations the
Secretary prescribes;
(H) requires registrants of commercial motor vehicles to make a dec-
laration of knowledge of applicable safety regulations, standards, and
orders of the Government and the State;
(I) provides that the State will grant maximum reciprocity for in-
spections conducted under the North American Inspection Standard
through the use of a nationally accepted system that allows ready iden-
tification of previously inspected commercial motor vehicles;
(J) ensures that activities described in subsection (c) of this section,
if financed with grants under subsection (a) of this section, will not di-
minish the effectiveness of the development and implementation of com-
mercial motor vehicle safety programs described in subsection (a);
(K) ensures that fines imposed and collected by the State for viola-
tions of commercial motor vehicle safety regulations will be reasonable
and appropriate and that, to the maximum extent practicable, the State
will attempt to implement the recommended fine schedule published by
the Commercial Vehicle Safety Alliance;
293
(L) ensures that the State agency will coordinate the plan prepared
under this section with the State highway safety plan under section
402 of title 23;
(M) ensures participation by the 48 contiguous States in
SAFETYNET not later than January 1, 1994;
(N) provides satisfactory assurances that the State will undertake ef-
forts that will emphasize and improve enforcement of State and local
traffic safety laws and regulations related to commercial motor vehicle
safety;
(O) provides satisfactory assurances that the State will promote ac-
tivities—
(i) to remove impaired commercial motor vehicle drivers from
the highways of the United States through adequate enforcement
of regulations on the use of alcohol and controlled substances and
by ensuring ready roadside access to alcohol detection and measur-
ing equipment;
(ii) to provide an appropriate level of training to State motor
carrier safety assistance program officers and employees on rec-
ognizing drivers impaired by alcohol or controlled substances;
(iii) to promote enforcement of the requirements related to the
licensing of commercial motor vehicle drivers, including checking
the status of commercial drivers’ licenses; and
(iv) to improve enforcement of hazardous material transpor-
tation regulations by encouraging more inspections of shipper fa-
cilities affecting highway transportation and more comprehensive
inspection of the loads of commercial motor vehicles transporting
hazardous material; and
(P) provides satisfactory assurances that the State will promote ef-
fective—
(i) interdiction activities affecting the transportation of con-
trolled substances by commercial motor vehicle drivers and train-
ing on appropriate strategies for carrying out those interdiction
activities; and
(ii) use of trained and qualified officers and employees of politi-
cal subdivisions and local governments, under the supervision and
direction of the State motor vehicle safety agency, in the enforce-
ment of regulations affecting commercial motor vehicle safety and
hazardous material transportation safety.
(2) If the Secretary disapproves a plan under this subsection, the Sec-
retary shall give the State a written explanation and allow the State to mod-
ify and resubmit the plan for approval.
294
(3) In estimating the average level of State expenditure under paragraph
(1)(D) of this subsection, the Secretary—
(A) may allow the State to exclude State expenditures for Govern-
ment-sponsored demonstration or pilot programs; and
(B) shall require the State to exclude Government amounts and
State matching amounts used to receive Government financing under
subsection (a) of this section.
(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use
amounts received under a grant under subsection (a) of this section for the
following activities if the activities are carried out in conjunction with an
appropriate inspection of the commercial motor vehicle to enforce Govern-
ment or State commercial motor vehicle safety regulations:
(1) enforcement of commercial motor vehicle size and weight limita-
tions at locations other than fixed weight facilities, at specific locations
such as steep grades or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the safe operation of
the vehicle, or at ports where intermodal shipping containers enter and
leave the United States.
(2) detection of the unlawful presence of a controlled substance (as
defined under section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor
vehicle or on the person of any occupant (including the operator) of
the vehicle.
(3) enforcement of State traffic laws and regulations designed to
promote the safe operation of commercial motor vehicles.
(d) CONTINUOUS EVALUATION OF PLANS.—On the basis of reports sub-
mitted by a State motor vehicle safety agency of a State with a plan ap-
proved under this section and the Secretary’s own investigations, the Sec-
retary shall make a continuing evaluation of the way the State is carrying
out the plan. If the Secretary finds, after notice and opportunity for com-
ment, the State plan previously approved is not being followed or has be-
come inadequate to ensure enforcement of the regulations, standards, or or-
ders, the Secretary shall withdraw approval of the plan and notify the State.
The plan stops being effective when the notice is received. A State adversely
affected by the withdrawal may seek judicial review under chapter 7 of title
5. Notwithstanding the withdrawal, the State may retain jurisdiction in ad-
ministrative or judicial proceedings begun before the withdrawal if the is-
sues involved are not related directly to the reasons for the withdrawal.
§ 31103. United States Government’s share of costs
The Secretary of Transportation shall reimburse a State, from a grant
made under this subchapter, an amount that is not more than 80 percent
295
of the costs incurred by the State in a fiscal year in developing and imple-
menting programs to enforce commercial motor vehicle regulations, stand-
ards, or orders adopted under this subchapter or subchapter II of this chap-
ter. In determining those costs, the Secretary shall include in-kind contribu-
tions by the State. Amounts of the State and its political subdivisions re-
quired to be expended under section 31102(b)(1)(D) of this title may not
be included as part of the share not provided by the United States Govern-
ment. The Secretary may allocate among the States whose applications for
grants have been approved those amounts appropriated for grants to sup-
port those programs, under criteria that may be established.
§ 31104. Availability of amounts
(a) GENERAL.—Subject to section 9503(c)(1) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts are available
from the Highway Trust Fund (except the Mass Transit Account) for the
Secretary of Transportation to incur obligations to carry out section 31102
of this title:
(1) not more than $76,000,000 for the fiscal year ending September
30, 1993.
(2) not more than $80,000,000 for the fiscal year ending September
30, 1994.
(3) not more than $83,000,000 for the fiscal year ending September
30, 1995.
(4) not more than $85,000,000 for the fiscal year ending September
30, 1996.
(5) not more than $90,000,000 for the fiscal year ending September
30, 1997.
(b) AVAILABILITY
AND REALLOCATION
OF AMOUNTS.—(1) Amounts
made available under subsection (a) of this section remain available until
expended. Allocations to a State remain available for expenditure in the
State for the fiscal year in which they are allocated and for the next fiscal
year. Amounts not expended by a State during those 2 fiscal years are re-
leased to the Secretary for reallocation.
(2) Amounts made available under section 404(a)(2) of the Surface
Transportation Assistance Act of 1982 before October 1, 1991, that are not
obligated on October 1, 1992, are available for reallocation and obligation
under paragraph (1) of this subsection.
(c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.—Amounts
made available under subsection (a) of this section shall be used to reim-
burse States proportionately for the United States Government’s share of
costs incurred.
296
(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under section 31102 of this title is a contractual obli-
gation of the Government for payment of the Government’s share of costs
incurred by the State in developing, implementing, or developing and imple-
menting programs to enforce commercial motor vehicle regulations, stand-
ards, and orders.
(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 of each
fiscal year or as soon after that date as practicable, the Secretary may de-
duct, from amounts made available under subsection (a) of this section for
that fiscal year, not more than 1.25 percent of those amounts for adminis-
trative expenses incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of those deducted
amounts to train non-Government employees and to develop related training
materials in carrying out section 31102.
(f) ALLOCATION CRITERIA.—On October 1 of each fiscal year or as soon
after that date as practicable, the Secretary, after making the deduction de-
scribed in subsection (e) of this section, shall allocate under criteria the Sec-
retary establishes the amounts available for that fiscal year among the
States with plans approved under section 31102 of this title. However, the
Secretary may designate specific eligible States among which to allocate
those amounts in allocating amounts available—
(1) for research, development, and demonstration under subsection
(g)(1)(F) of this section; and
(2) for public education under subsection (g)(1)(G) of this section.
(g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available under sub-
section (a) of this section—
(A) for each fiscal year beginning after September 30, 1992, the
Secretary shall obligate at least $1,500,000 to make grants to States
for training inspectors to enforce regulations prescribed by the Sec-
retary related to the transportation of hazardous material by commer-
cial motor vehicles;
(B) for each of the fiscal years ending September 30, 1993–1997,
the Secretary may obligate not more than $2,000,000 to carry out sec-
tion 31106 of this title;
(C) for each of the fiscal years ending September 30, 1993–1997,
the Secretary may obligate not more than $2,000,000 to carry out sec-
tion 31107 of this title;
(D) for each of the fiscal years ending September 30, 1993–1995,
the Secretary shall obligate at least $4,250,000, and for each of the
fiscal years ending September 30, 1996, and 1997, the Secretary shall
obligate at least $5,000,000, for traffic enforcement activities related
297
to commercial motor vehicle drivers that are carried out in conjunction
with an appropriate inspection of a commercial motor vehicle for com-
pliance with Government or State commercial motor vehicle safety reg-
ulations;
(E) for each of the fiscal years ending September 30, 1993–1995,
the Secretary shall obligate at least $1,000,000 to increase enforcement
of the licensing requirements of chapter 313 of this title by motor car-
rier safety assistance program officers and employees, including the
cost of purchasing equipment for, and conducting, inspections to check
the current status of licenses issued under chapter 313;
(F) for each fiscal year, the Secretary shall obligate at least
$500,000 for research, development, and demonstration of technologies,
methodologies, analyses, or information systems designed to carry out
section 31102 of this title and that are beneficial to all jurisdictions;
and
(G) for each fiscal year, the Secretary shall obligate at least
$350,000 to educate the motoring public on how to share the road
safely with commercial motor vehicles.
(2) The Secretary shall announce publicly amounts obligated under para-
graph (1)(F) of this subsection and award those amounts competitively,
when practicable, to any eligible State for up to 100 percent of the State
costs or to other persons as the Secretary decides.
(3) In carrying out educational activities referred to in paragraph (1)(G)
of this subsection, the Secretary shall consult with appropriate industry rep-
resentatives.
(h) PAYMENT TO STATES FOR COSTS.—Each State shall submit vouchers
for costs the State incurs under this section and section 31102 of this title.
The Secretary shall pay the State an amount not more than the Govern-
ment share of costs incurred as of the date of the vouchers.
(i) IMPROVED ALLOCATION FORMULA.—The Secretary shall prescribe
regulations to develop an improved formula and process for allocating
amounts made available for grants under section 31102(a) of this title
among States eligible for those amounts. In prescribing those regulations,
the Secretary shall—
(1) consider ways to provide incentives to States that demonstrate
innovative, successful, cost-efficient, or cost-effective programs to pro-
mote commercial motor vehicle safety and hazardous material transpor-
tation safety;
(2) place special emphasis on incentives to States that conduct traf-
fic safety enforcement activities that are coupled with motor carrier
safety inspections; and
298
(3) consider ways to provide incentives to States that increase com-
patibility of State commercial motor vehicle safety and hazardous mate-
rial transportation regulations with Government safety regulations and
promote other factors intended to promote effectiveness and efficiency
the Secretary decides are appropriate.
(j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe regula-
tions specifying tolerance guidelines and standards for ensuring compatibil-
ity of intrastate commercial motor vehicle safety laws and regulations with
Government motor carrier safety regulations to be enforced under section
31102(a) of this title. To the extent practicable, the guidelines and stand-
ards shall allow for maximum flexibility while ensuring the degree of uni-
formity that will not diminish transportation safety. In reviewing State
plans and allocating amounts or making grants under section 153 of title
23, the Secretary shall ensure that the guidelines and standards are applied
uniformly.
§ 31105. Employee protections
(a) PROHIBITIONS.—(1) A person may not discharge an employee, or dis-
cipline or discriminate against an employee regarding pay, terms, or privi-
leges of employment, because—
(A) the employee, or another person at the employee’s request, has
filed a complaint or begun a proceeding related to a violation of a com-
mercial motor vehicle safety regulation, standard, or order, or has testi-
fied or will testify in such a proceeding; or
(B) the employee refuses to operate a vehicle because—
(i) the operation violates a regulation, standard, or order of the
United States related to commercial motor vehicle safety or health;
or
(ii) the employee has a reasonable apprehension of serious in-
jury to the employee or the public because of the vehicle’s unsafe
condition.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s appre-
hension of serious injury is reasonable only if a reasonable individual in the
circumstances then confronting the employee would conclude that the unsafe
condition establishes a real danger of accident, injury, or serious impairment
to health. To qualify for protection, the employee must have sought from
the employer, and been unable to obtain, correction of the unsafe condition.
(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee alleging
discharge, discipline, or discrimination in violation of subsection (a) of this
section, or another person at the employee’s request, may file a complaint
with the Secretary of Labor not later than 180 days after the alleged viola-
299
tion occurred. On receiving the complaint, the Secretary shall notify the per-
son alleged to have committed the violation of the filing of the complaint.
(2)(A) Not later than 60 days after receiving a complaint, the Secretary
shall conduct an investigation, decide whether it is reasonable to believe the
complaint has merit, and notify the complainant and the person alleged to
have committed the violation of the findings. If the Secretary decides it is
reasonable to believe a violation occurred, the Secretary shall include with
the decision findings and a preliminary order for the relief provided under
paragraph (3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph (A) of
this paragraph, the complainant and the person alleged to have committed
the violation may file objections to the findings or preliminary order, or
both, and request a hearing on the record. The filing of objections does not
stay a reinstatement ordered in the preliminary order. If a hearing is not
requested within the 30 days, the preliminary order is final and not subject
to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days
after the end of the hearing, the Secretary shall issue a final order. Before
the final order is issued, the proceeding may be ended by a settlement
agreement made by the Secretary, the complainant, and the person alleged
to have committed the violation.
(3)(A) If the Secretary decides, on the basis of a complaint, a person vio-
lated subsection (a) of this section, the Secretary shall order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the same
pay and terms and privileges of employment; and
(iii) pay compensatory damages, including back pay.
(B) If the Secretary issues an order under subparagraph (A) of this para-
graph and the complainant requests, the Secretary may assess against the
person against whom the order is issued the costs (including attorney’s fees)
reasonably incurred by the complainant in bringing the complaint. The Sec-
retary shall determine the costs that reasonably were incurred.
(c) JUDICIAL REVIEW AND VENUE.—A person adversely affected by an
order issued after a hearing under subsection (b) of this section may file
a petition for review, not later than 60 days after the order is issued, in
the court of appeals of the United States for the circuit in which the viola-
tion occurred or the person resided on the date of the violation. The review
shall be heard and decided expeditiously. An order of the Secretary subject
to review under this subsection is not subject to judicial review in a criminal
or other civil proceeding.
300
(d) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply with an
order issued under subsection (b) of this section, the Secretary shall bring
a civil action to enforce the order in the district court of the United States
for the judicial district in which the violation occurred.
§ 31106. Commercial motor vehicle information system pro-
gram
(a) DEFINITION.—In this section, ‘‘commercial motor vehicle’’ means a
self-propelled or towed vehicle used on highways in intrastate or interstate
commerce to transport passengers or property, if the vehicle—
(1) has a gross vehicle weight rating of at least 10,001 pounds;
(2) is designed to transport more than 15 passengers, including the
driver; or
(3) is used in transporting material found by the Secretary of Trans-
portation to be hazardous under section 5103 of this title and that ma-
terial is transported in a quantity requiring placarding under regula-
tions the Secretary prescribes under section 5103.
(b) INFORMATION SYSTEM.—(1) In cooperation with the States, the Sec-
retary may establish as part of the motor carrier safety information network
system of the Department of Transportation and similar State systems, an
information system to serve as a clearinghouse and depository of informa-
tion related to State registration and licensing of commercial motor vehicles
and the safety fitness of the commercial motor vehicle registrants. The Sec-
retary shall include in the system information on the safety fitness of each
of the registrants and other information the Secretary considers appro-
priate, including information on vehicle inspections and out-of-service or-
ders.
(2) The operation of the information system established under paragraph
(1) of this subsection shall be paid for by a schedule of user fees. The Sec-
retary may authorize the operation of the information system by contract,
through an agreement with one or more States, or by designating, after con-
sulting with the States, a third party that represents the interests of the
States.
(3) The Secretary shall prescribe standards to ensure—
(A) uniform information collection and reporting by the States nec-
essary to carry out this section; and
(B) the availability and reliability of the information to the States
and the Secretary from the information system.
(c) DEMONSTRATION PROJECT.—The Secretary shall make grants to
States to carry out a project to demonstrate ways of establishing an infor-
mation system that will link the motor carrier safety information network
system of the Department and similar State systems with the motor vehicle
301
registration and licensing systems of the States. The project shall be de-
signed—
(1) to allow a State when issuing license plates for a commercial
motor vehicle to establish through use of the information system the
safety fitness of the person seeking to register the vehicle; and
(2) to decide on types of sanctions that may be imposed on the reg-
istrant, or the types of conditions or limitations that may be imposed
on the operations of the registrant, to ensure the safety fitness of the
registrant.
(d) REVIEW OF STATE SYSTEMS.—Not later than December 18, 1992,
the Secretary, in cooperation with the States, shall review State motor vehi-
cle registration systems related to license tags for commercial motor vehicles
to decide whether those systems can be used in carrying out this section.
(e) REGULATIONS.—The Secretary shall prescribe regulations to carry
out this section.
(f) REPORT TO CONGRESS.—Not later than January 1, 1995, the Sec-
retary shall submit a report to Congress on the cost, benefits, and feasibility
of the information system established under subsection (b) of this section.
If the Secretary decides that the system would be beneficial on a nationwide
basis, the Secretary shall include in the report recommendations on legisla-
tion to implement a nationwide system.
(g) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry
out this section may be made available to the Secretary under section
31104(g)(1)(B) of this title.
§ 31107. Truck and bus accident grant program
(a) STATE GRANTS.—The Secretary of Transportation shall make grants
to States that agree to adopt or have adopted the recommendations of the
National Governors’ Association related to police accident reports for truck
and bus accidents. The Secretary may make a grant under this section only
to assist a State in carrying out those recommendations, including—
(1) assisting the State in designing appropriate forms;
(2) drafting instruction manuals;
(3) training appropriate State and local officers on matters, includ-
ing training on accident investigation techniques to decide on the prob-
able cause of truck and bus accidents;
(4) analyzing and evaluating safety information to develop rec-
ommended changes to existing safety programs necessary to address
more effectively the causes of truck and bus accidents; and
(5) other activities the Secretary decides are appropriate to carry out
this section.
302
(b) COORDINATION WITH OTHER PROGRAMS.—The Secretary shall co-
ordinate grants made under this section with highway safety programs
under section 402 of title 23. The Secretary may require that the informa-
tion from police reports for truck and bus accidents be included in reports
made to the Secretary under the uniform information collection and report-
ing program under section 402.
(c) AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary to carry
out this section may be made available to the Secretary under section
31104(g)(1)(C) of this title.
§ 31108. Authorization of appropriations
Not more than $––––––––– may be appropriated to the Secretary of
Transportation for the fiscal year ending September 30, 19––, to carry out
the safety duties and powers of the Federal Highway Administration.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
§ 31111. Length limitations
(a) DEFINITIONS.—In this section—
(1) ‘‘maxi-cube vehicle’’ means a truck tractor combined with a
semitrailer and a separable property-carrying unit designed to be load-
ed and unloaded through the semitrailer, with the length of the sepa-
rable property-carrying unit being not more than 34 feet and the
length of the vehicle combination being not more than 65 feet.
(2) ‘‘truck tractor’’ means—
(A) a non-property-carrying power unit that operates in com-
bination with a semitrailer or trailer; or
(B) a power unit that carries as property only motor vehicles
when operating in combination with a semitrailer in transporting
motor vehicles.
(b) GENERAL LIMITATIONS.—(1) Except as provided in this section, a
State may not prescribe or enforce a regulation of commerce that—
(A) imposes a vehicle length limitation of less than 45 feet on a bus,
of less than 48 feet on a semitrailer operating in a truck tractor-
semitrailer combination, or of less than 28 feet on a semitrailer or
trailer operating in a truck tractor-semitrailer-trailer combination, on
any segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways (except a segment exempted under subsection (f) of
this section) and those classes of qualifying Federal-aid Primary Sys-
tem highways designated by the Secretary of Transportation under
subsection (e) of this section;
(B) imposes an overall length limitation on a commercial motor vehi-
cle operating in a truck tractor-semitrailer or truck tractor-semitrailer-
trailer combination;
303
(C) has the effect of prohibiting the use of a semitrailer or trailer
of the same dimensions as those that were in actual and lawful use in
that State on December 1, 1982; or
(D) has the effect of prohibiting the use of an existing semitrailer
or trailer, of not more than 28.5 feet in length, in a truck tractor-
semitrailer-trailer combination if the semitrailer or trailer was operat-
ing lawfully on December 1, 1982, within a 65-foot overall length limit
in any State.
(2) A length limitation prescribed or enforced by a State under paragraph
(1)(A) of this subsection applies only to a semitrailer or trailer and not to
a truck tractor.
(c) MAXI-CUBE
AND VEHICLE COMBINATION LIMITATIONS.—A State
may not prohibit a maxi-cube vehicle or a commercial motor vehicle com-
bination consisting of a truck tractor and 2 trailing units on any segment
of the Dwight D. Eisenhower System of Interstate and Defense Highways
(except a segment exempted under subsection (f) of this section) and those
classes of qualifying Federal-aid Primary System highways designated by
the Secretary under subsection (e) of this section.
(d) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—
Length calculated under this section does not include a safety or energy
conservation device the Secretary decides is necessary for safe and efficient
operation of a commercial motor vehicle. However, such a device may not
have by its design or use the ability to carry cargo.
(e) QUALIFYING HIGHWAYS.—The Secretary by regulation shall designate
as qualifying Federal-aid Primary System highways those highways of the
Federal-aid Primary System in existence on June 1, 1991, that can accom-
modate safely the applicable vehicle lengths provided in this section.
(f) EXEMPTIONS.—(1) If the chief executive officer of a State, after con-
sulting under paragraph (2) of this subsection, decides a segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor vehicle having a length
described in subsection (b)(1)(A) of this section or the motor vehicle com-
bination described in subsection (c) of this section, the chief executive officer
may notify the Secretary of that decision and request the Secretary to ex-
empt that segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this subsection, the
chief executive officer shall consult with units of local government in the
State in which the segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways is located and with the chief executive officer
of any adjacent State that may be directly affected by the exemption. As
part of the consultations, consideration shall be given to any potential alter-
304
native route that serves the area in which the segment is located and can
safely accommodate a commercial motor vehicle having a length described
in subsection (b)(1)(A) of this section or the motor vehicle combination de-
scribed in subsection (c) of this section.
(3) A chief executive officer’s notification under this subsection must in-
clude specific evidence of safety problems supporting the officer’s decision
and the results of consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a chief executive officer or
on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways is not capable of safely accom-
modating a commercial motor vehicle having a length described in sub-
section (b)(1)(A) of this section or the motor vehicle combination described
in subsection (c) of this section, the Secretary shall exempt the segment
from either or both of those provisions. Before making a decision under this
paragraph, the Secretary shall consider any possible alternative route that
serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not
later than 120 days after the date of receipt of notification from a chief
executive officer under paragraph (1) of this subsection or the date on
which the Secretary initiates action under subparagraph (A) of this para-
graph, whichever is applicable. If the Secretary finds the decision will not
be made in time, the Secretary immediately shall notify Congress, giving the
reasons for the delay, information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested per-
son notice and an opportunity for comment. If the Secretary exempts a seg-
ment under this subsection before the final regulations under subsection (e)
of this section are prescribed, the Secretary shall include the exemption as
part of the final regulations. If the Secretary exempts the segment after the
final regulations are prescribed, the Secretary shall publish the exemption
as an amendment to the final regulations.
(g) ACCOMMODATING SPECIALIZED EQUIPMENT.—In prescribing regula-
tions to carry out this section, the Secretary may make decisions necessary
to accommodate specialized equipment, including automobile and vessel
transporters and maxi-cube vehicles.
§ 31112. Property-carrying unit limitation
(a) DEFINITIONS.—In this section—
(1) ‘‘property-carrying unit’’ means any part of a commercial motor
vehicle combination (except the truck tractor) used to carry property,
including a trailer, a semitrailer, or the property-carrying section of a
single unit truck.
305
(2) the length of the property-carrying units of a commercial motor
vehicle combination is the length measured from the front of the first
property-carrying unit to the rear of the last property-carrying unit.
(b) GENERAL LIMITATIONS.—A State may not allow by any means the
operation, on any segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways and those classes of qualifying Federal-aid Pri-
mary System highways designated by the Secretary of Transportation under
section 31111(e) of this title, of any commercial motor vehicle combination
(except a vehicle or load that cannot be dismantled easily or divided easily
and that has been issued a special permit under applicable State law) with
more than one property-carrying unit (not including the truck tractor)
whose property-carrying units are more than—
(1) the maximum combination trailer, semitrailer, or other type of
length limitation allowed by law or regulation of that State before June
2, 1991; or
(2) the length of the property-carrying units of those commercial
motor vehicle combinations, by specific configuration, in actual, lawful
operation on a regular or periodic basis (including continuing seasonal
operation) in that State before June 2, 1991.
(c) SPECIAL RULES FOR WYOMING, OHIO, AND ALASKA.—In addition to
the vehicles allowed under subsection (b) of this section—
(1) Wyoming may allow the operation of additional vehicle configura-
tions not in actual operation on June 1, 1991, but authorized by State
law not later than November 3, 1992, if the vehicle configurations com-
ply with the single axle, tandem axle, and bridge formula limits in sec-
tion 127(a) of title 23 and are not more than 117,000 pounds gross
vehicle weight;
(2) Ohio may allow the operation of commercial motor vehicle com-
binations with 3 property-carrying units of 28.5 feet each (not includ-
ing the truck tractor) not in actual operation on June 1, 1991, to be
operated in Ohio on the 1-mile segment of Ohio State Route 7 that
begins at and is south of exit 16 of the Ohio Turnpike; and
(3) Alaska may allow the operation of commercial motor vehicle com-
binations that were not in actual operation on June 1, 1991, but were
in actual operation before July 6, 1991.
(d) ADDITIONAL LIMITATIONS.—(1) A commercial motor vehicle combina-
tion whose operation in a State is not prohibited under subsections (b) and
(c) of this section may continue to operate in the State on highways de-
scribed in subsection (b) only if at least in compliance with all State laws,
regulations, limitations, and conditions, including routing-specific and con-
figuration-specific designations and all other restrictions in force in the
306
State on June 1, 1991. However, subject to regulations prescribed by the
Secretary under subsection (g)(2) of this section, the State may make minor
adjustments of a temporary and emergency nature to route designations and
vehicle operating restrictions in effect on June 1, 1991, for specific safety
purposes and road construction.
(2) This section does not prevent a State from further restricting in any
way or prohibiting the operation of any commercial motor vehicle combina-
tion subject to this section, except that a restriction or prohibition shall be
consistent with this section and sections 31113(a) and (b) and 31114 of this
title.
(3) A State making a minor adjustment of a temporary and emergency
nature as authorized by paragraph (1) of this subsection or further restrict-
ing or prohibiting the operation of a commercial motor vehicle combination
as authorized by paragraph (2) of this subsection shall advise the Secretary
not later than 30 days after the action. The Secretary shall publish a notice
of the action in the Federal Register.
(e) LIST OF STATE LENGTH LIMITATIONS.—(1) Not later than February
16, 1992, each State shall submit to the Secretary for publication a com-
plete list of State length limitations applicable to commercial motor vehicle
combinations operating in the State on the highways described in subsection
(b) of this section. The list shall indicate the applicable State laws and regu-
lations associated with the length limitations. If a State does not submit the
information as required, the Secretary shall complete and file the informa-
tion for the State.
(2) Not later than March 17, 1992, the Secretary shall publish an interim
list in the Federal Register consisting of all information submitted under
paragraph (1) of this subsection. The Secretary shall review for accuracy
all information submitted by a State under paragraph (1) and shall solicit
and consider public comment on the accuracy of the information.
(3) A law or regulation may not be included on the list submitted by a
State or published by the Secretary merely because it authorized, or could
have authorized, by permit or otherwise, the operation of commercial motor
vehicle combinations not in actual operation on a regular or periodic basis
before June 2, 1991.
(4) Except as revised under this paragraph or paragraph (5) of this sub-
section, the list shall be published as final in the Federal Register not later
than June 15, 1992. In publishing the final list, the Secretary shall make
any revisions necessary to correct inaccuracies identified under paragraph
(2) of this subsection. After publication of the final list, commercial motor
vehicle combinations prohibited under subsection (b) of this section may not
operate on the Dwight D. Eisenhower System of Interstate and Defense
307
Highways and other Federal-aid Primary System highways designated by
the Secretary except as published on the list. The list may be combined by
the Secretary with the list required under section 127(d) of title 23.
(5) On the Secretary’s own motion or on request by any person (including
a State), the Secretary shall review the list published under paragraph (4)
of this subsection. If the Secretary decides there is reason to believe a mis-
take was made in the accuracy of the list, the Secretary shall begin a pro-
ceeding to decide whether a mistake was made. If the Secretary decides
there was a mistake, the Secretary shall publish the correction.
(f) LIMITATIONS ON STATUTORY CONSTRUCTION.—This section may not
be construed—
(1) to allow the operation on any segment of the Dwight D. Eisen-
hower System of Interstate and Defense Highways of a longer com-
bination vehicle prohibited under section 127(d) of title 23;
(2) to affect in any way the operation of a commercial motor vehicle
having only one property-carrying unit; or
(3) to affect in any way the operation in a State of a commercial
motor vehicle with more than one property-carrying unit if the vehicle
was in actual operation on a regular or periodic basis (including sea-
sonal operation) in that State before June 2, 1991, that was authorized
under State law or regulation or lawful State permit.
(g) REGULATIONS.—(1) In carrying out this section only, the Secretary
shall define by regulation loads that cannot be dismantled easily or divided
easily.
(2) Not later than June 15, 1992, the Secretary shall prescribe regula-
tions establishing criteria for a State to follow in making minor adjustments
under subsection (d) of this section.
§ 31113. Width limitations
(a) GENERAL LIMITATIONS.—(1) Except as provided in subsection (e) of
this section, a State (except Hawaii) may not prescribe or enforce a regula-
tion of commerce that imposes a vehicle width limitation of more or less
than 102 inches on a commercial motor vehicle operating on—
(A) a segment of the Dwight D. Eisenhower System of Interstate
and Defense Highways (except a segment exempted under subsection
(e) of this section);
(B) a qualifying Federal-aid highway designated by the Secretary of
Transportation, with traffic lanes designed to be at least 12 feet wide;
or
(C) a qualifying Federal-aid Primary System highway designated by
the Secretary if the Secretary decides the designation is consistent with
highway safety.
308
(2) Notwithstanding paragraph (1) of this subsection, a State may con-
tinue to enforce a regulation of commerce in effect on April 6, 1983, that
applies to a commercial motor vehicle of more than 102 inches in width,
until the date on which the State prescribes a regulation of commerce that
complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not designated
under this subsection on June 5, 1984, may be designated under this sub-
section only with the agreement of the chief executive officer of the State
in which the highway is located.
(b) EXCLUSION OF SAFETY AND ENERGY CONSERVATION DEVICES.—
Width calculated under this section does not include a safety or energy con-
servation device the Secretary decides is necessary for safe and efficient op-
eration of a commercial motor vehicle.
(c) SPECIAL USE PERMITS.—A State may grant a special use permit to
a commercial motor vehicle that is more than 102 inches in width.
(d) STATE ENFORCEMENT.—Consistent with this section, a State may
enforce a commercial motor vehicle width limitation of 102 inches on a seg-
ment of the Dwight D. Eisenhower System of Interstate and Defense High-
ways (except a segment exempted under subsection (e) of this section) or
other qualifying Federal-aid highway designated by the Secretary.
(e) EXEMPTIONS.—(1) If the chief executive officer of a State, after con-
sulting under paragraph (2) of this subsection, decides a segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways is not
capable of safely accommodating a commercial motor vehicle having the
width provided in subsection (a) of this section, the chief executive officer
may notify the Secretary of that decision and request the Secretary to ex-
empt that segment from subsection (a) to allow the State to impose a width
limitation of less than 102 inches for a vehicle (except a bus) on that seg-
ment.
(2) Before making a decision under paragraph (1) of this subsection, the
chief executive officer shall consult with units of local government in the
State in which the segment of the Dwight D. Eisenhower System of Inter-
state and Defense Highways is located and with the chief executive officer
of any adjacent State that may be directly affected by the exemption. As
part of the consultations, consideration shall be given to any potential alter-
native route that serves the area in which the segment is located and can
safely accommodate a commercial motor vehicle having the width provided
for in subsection (a) of this section.
(3) A chief executive officer’s notification under this subsection must in-
clude specific evidence of safety problems supporting the officer’s decision
and the results of consultations about alternative routes.
309
(4)(A) If the Secretary decides, on request of a chief executive officer or
on the Secretary’s own initiative, a segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways is not capable of safely accom-
modating a commercial motor vehicle having a width provided in subsection
(a) of this section, the Secretary shall exempt the segment from subsection
(a) to allow the State to impose a width limitation of less than 102 inches
for a vehicle (except a bus) on that segment. Before making a decision
under this paragraph, the Secretary shall consider any possible alternative
route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not
later than 120 days after the date of receipt of notification from a chief
executive officer under paragraph (1) of this subsection or the date on
which the Secretary initiates action under subparagraph (A) of this para-
graph, whichever is applicable. If the Secretary finds the decision will not
be made in time, the Secretary immediately shall notify Congress, giving the
reasons for the delay, information about the resources assigned, and the
projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested per-
son notice and an opportunity for comment. If the Secretary exempts a seg-
ment under this subsection before the final regulations under subsection (a)
of this section are prescribed, the Secretary shall include the exemption as
part of the final regulations. If the Secretary exempts the segment after the
final regulations are prescribed, the Secretary shall publish the exemption
as an amendment to the final regulations.
§ 31114. Access to the Interstate System
(a) PROHIBITION ON DENYING ACCESS.—A State may not enact or en-
force a law denying to a commercial motor vehicle subject to this subchapter
or subchapter I of this chapter reasonable access between—
(1) the Dwight D. Eisenhower System of Interstate and Defense
Highways (except a segment exempted under section 31111(f) or
31113(e) of this title) and other qualifying Federal-aid Primary System
highways designated by the Secretary of Transportation; and
(2) terminals, facilities for food, fuel, repairs, and rest, and points
of loading and unloading for household goods carriers, motor carriers
of passengers, or any truck tractor-semitrailer combination in which
the semitrailer has a length of not more than 28.5 feet and that gen-
erally operates as part of a vehicle combination described in section
31111(c) of this title.
(b) EXCEPTION.—This section does not prevent a State or local govern-
ment from imposing reasonable restrictions, based on safety considerations,
on a truck tractor-semitrailer combination in which the semitrailer has a
310
length of not more than 28.5 feet and that generally operates as part of
a vehicle combination described in section 31111(c) of this title.
§ 31115. Enforcement
On the request of the Secretary of Transportation, the Attorney General
shall bring a civil action for appropriate injunctive relief to ensure compli-
ance with this subchapter or subchapter I of this chapter. The action may
be brought in a district court of the United States in any State in which
the relief is required. On a proper showing, the court shall issue a tem-
porary restraining order or preliminary or permanent injunction. An injunc-
tion under this section may order a State or person to comply with this sub-
chapter, subchapter I, or a regulation prescribed under this subchapter or
subchapter I.
SUBCHAPTER III—SAFETY REGULATION
§ 31131. Purposes and findings
(a) PURPOSES.—The purposes of this subchapter are—
(1) to promote the safe operation of commercial motor vehicles;
(2) to minimize dangers to the health of operators of commercial
motor vehicles and other employees whose employment directly affects
motor carrier safety; and
(3) to ensure increased compliance with traffic laws and with the
commercial motor vehicle safety and health regulations and standards
prescribed and orders issued under this chapter.
(b) FINDINGS.—Congress finds—
(1) it is in the public interest to enhance commercial motor vehicle
safety and thereby reduce highway fatalities, injuries, and property
damage;
(2) improved, more uniform commercial motor vehicle safety meas-
ures and strengthened enforcement would reduce the number of fatali-
ties and injuries and the level of property damage related to commer-
cial motor vehicle operations;
(3) enhanced protection of the health of commercial motor vehicle
operators is in the public interest; and
(4) interested State governments can provide valuable assistance to
the United States Government in ensuring that commercial motor vehi-
cle operations are conducted safely and healthfully.
§ 31132. Definitions
In this subchapter—
(1) ‘‘commercial motor vehicle’’ means a self-propelled or towed vehi-
cle used on the highways in interstate commerce to transport pas-
sengers or property, if the vehicle—
(A) has a gross vehicle weight rating of at least 10,001 pounds;
311
(B) is designed to transport more than 15 passengers including
the driver; or
(C) is used in transporting material found by the Secretary of
Transportation to be hazardous under section 5103 of this title
and transported in a quantity requiring placarding under regula-
tions prescribed by the Secretary under section 5103.
(2) ‘‘employee’’ means an operator of a commercial motor vehicle (in-
cluding an independent contractor when operating a commercial motor
vehicle), a mechanic, a freight handler, or an individual not an em-
ployer, who—
(A) directly affects commercial motor vehicle safety in the
course of employment; and
(B) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the course of
the employment by the Government, a State, or a political subdivi-
sion of a State.
(3) ‘‘employer’’—
(A) means a person engaged in a business affecting interstate
commerce that owns or leases a commercial motor vehicle in con-
nection with that business, or assigns an employee to operate it;
but
(B) does not include the Government, a State, or a political sub-
division of a State.
(4) ‘‘interstate commerce’’ means trade, traffic, or transportation in
the United States between a place in a State and—
(A) a place outside that State (including a place outside the
United States); or
(B) another place in the same State through another State or
through a place outside the United States.
(5) ‘‘intrastate commerce’’ means trade, traffic, or transportation in
a State that is not interstate commerce.
(6) ‘‘regulation’’ includes a standard or order.
(7) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, and, in sections 31136 and 31140–31142 of this title, a politi-
cal subdivision of a State.
(8) ‘‘State law’’ includes a law enacted by a political subdivision of
a State.
(9) ‘‘State regulation’’ includes a regulation prescribed by a political
subdivision of a State.
(10) ‘‘United States’’ means the States of the United States and the
District of Columbia.
312
§ 31133. General powers of the Secretary of Transportation
(a) GENERAL.—In carrying out this subchapter and regulations pre-
scribed under section 31102 of this title, the Secretary of Transportation
may—
(1) conduct inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies, development, testing, eval-
uation, and training; and
(10) perform other acts the Secretary considers appropriate.
(b) CONSULTATION.—In conducting inspections and investigations under
subsection (a) of this section, the Secretary shall consult, as appropriate,
with employers and employees and their authorized representatives and offer
them a right of accompaniment.
(c) DELEGATION.—The Secretary may delegate to a State receiving a
grant under section 31102 of this title those duties and powers related to
enforcement (including conducting investigations) of this subchapter and
regulations prescribed under this subchapter that the Secretary considers
appropriate.
§ 31134. Commercial Motor Vehicle Safety Regulatory Re-
view Panel
(a) ESTABLISHMENT AND GENERAL DUTY.—The Secretary of Transpor-
tation shall establish the Commercial Motor Vehicle Safety Regulatory Re-
view Panel. The Panel shall analyze and review State laws and regulations
under sections 31140 and 31141 of this title.
(b) SPECIFIC DUTIES.—The Panel shall—
(1) carry out those duties and powers designated to be carried out
by the Panel under sections 31140 and 31141 of this title;
(2) conduct a study to—
(A) evaluate the need, if any, for additional assistance from the
United States Government to the States to enable them to enforce
the regulations prescribed by the Secretary under section 31136
of this title; and
(B) decide on other methods of furthering the purposes of this
subchapter; and
313
(3) make recommendations to the Secretary based on the results of
the study conducted under clause (2) of this subsection.
(c) COMPOSITION, APPOINTMENT, AND TERMS.—(1) The Panel shall be
composed of 15 members as follows:
(A) the Secretary or the Secretary’s delegate.
(B) 7 individuals appointed by the Secretary from among individuals
who represent the interests of States and political subdivisions of
States and whose names have been submitted to the Secretary by the
Committee on Commerce, Science, and Transportation of the Senate or
the Committee on Public Works and Transportation of the House of
Representatives.
(C) 7 individuals appointed by the Secretary from among individuals
who represent the interests of business, consumer, labor, and safety
groups and whose names have been submitted to the Secretary by the
Committee on Commerce, Science, and Transportation of the Senate or
the Committee on Public Works and Transportation of the House of
Representatives.
(2) The Secretary shall select the individuals to be appointed under this
subsection on the basis of their knowledge, expertise, or experience related
to commercial motor vehicle safety. Half of the appointments shall be made
from names submitted by the Committee on Commerce, Science, and Trans-
portation of the Senate, and the other half from names submitted by the
Committee on Public Works and Transportation of the House of Represent-
atives. Each of these committees shall submit to the Secretary the names
of 20 individuals qualified to serve on the Panel.
(3) The term of each member of the Panel appointed under paragraph
(1)(B) and (C) of this subsection is 7 years.
(4) A vacancy on the Panel shall be filled in the way the original appoint-
ment was made. The vacancy does not affect the Panel’s powers.
(d) CHAIRMAN, QUORUM, MEETINGS, AND PAY.—(1) The Secretary is
the Chairman of the Panel.
(2) Eight members of the Panel are a quorum, but the Panel may estab-
lish a lesser number as a quorum to hold hearings, take testimony, and re-
ceive evidence.
(3) The Panel shall meet at the call of the Chairman or a majority of
its members.
(4) Members of the Panel shall serve without pay, except that they shall
receive expenses under section 5703 of title 5.
(e) PERSONNEL, OFFICE SPACE, AND SUPPORT SERVICES.—On request
of the Panel, the Secretary shall—
314
(1) detail personnel of the Department of Transportation to the
Panel as necessary to assist the Panel in carrying out its duties and
powers; and
(2) provide office space, supplies, equipment, and other support serv-
ices to the Panel as necessary for the Panel to carry out its duties and
powers.
(f) HEARINGS AND OTHER ACTIONS.—To carry out the duties and pow-
ers of the Panel under this subchapter, the Panel or any member authorized
by the Panel may hold hearings, sit and act at times and places, take testi-
mony, and take other actions the Panel or the member considers advisable.
A member of the Panel may administer oaths to witnesses appearing before
the Panel or the member.
(g) TEMPORARY AND INTERMITTENT SERVICES.—Subject to regulations
the Panel may prescribe, the Chairman may procure the temporary or inter-
mittent services of experts or consultants under section 3109 of title 5.
§ 31135. Duties of employers and employees
Each employer and employee shall comply with regulations on commercial
motor vehicle safety prescribed by the Secretary of Transportation under
this subchapter that apply to the employer’s or employee’s conduct.
§ 31136. United States Government regulations
(a) MINIMUM SAFETY STANDARDS.—Subject to section 30103(a) of this
title, the Secretary of Transportation shall prescribe regulations on commer-
cial motor vehicle safety. The regulations shall prescribe minimum safety
standards for commercial motor vehicles. At a minimum, the regulations
shall ensure that—
(1) commercial motor vehicles are maintained, equipped, loaded, and
operated safely;
(2) the responsibilities imposed on operators of commercial motor ve-
hicles do not impair their ability to operate the vehicles safely;
(3) the physical condition of operators of commercial motor vehicles
is adequate to enable them to operate the vehicles safely; and
(4) the operation of commercial motor vehicles does not have a dele-
terious effect on the physical condition of the operators.
(b) ELIMINATING AND AMENDING EXISTING REGULATIONS.—The Sec-
retary may not eliminate or amend an existing motor carrier safety regula-
tion related only to the maintenance, equipment, loading, or operation (in-
cluding routing) of vehicles carrying material found to be hazardous under
section 5103 of this title until an equivalent or more stringent regulation
has been prescribed under section 5103.
315
(c) PROCEDURES AND CONSIDERATIONS.—(1) A regulation under this
section shall be prescribed under section 553 of title 5 (without regard to
sections 556 and 557 of title 5).
(2) Before prescribing regulations under this section, the Secretary shall
consider, to the extent practicable and consistent with the purposes of this
chapter—
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle safety,
to minimize their unnecessary preemption.
(d) EFFECT OF EXISTING REGULATIONS.—If the Secretary does not pre-
scribe regulations on commercial motor vehicle safety under this section,
regulations on commercial motor vehicle safety prescribed by the Secretary
before October 30, 1984, and in effect on October 30, 1984, shall be
deemed in this subchapter to be regulations prescribed by the Secretary
under this section.
(e) WAIVERS.—After notice and an opportunity for comment, the Sec-
retary may waive any part of a regulation prescribed under this section as
it applies to a person or class of persons, if the Secretary decides that the
waiver is consistent with the public interest and the safe operation of com-
mercial motor vehicles. Under this subsection, the Secretary shall waive the
regulations prescribed under this section as they apply to schoolbuses (as
defined in section 30125(a) of this title) unless the Secretary decides that
making the regulations applicable to schoolbuses is necessary for public
safety, considering all laws of the United States and States applicable to
schoolbuses. A waiver under this subsection shall be published in the Fed-
eral Register, with the reasons for the waiver.
(f) LIMITATIONS ON MUNICIPALITY AND COMMERCIAL ZONE EXEMP-
TIONS AND WAIVERS.—(1) The Secretary may not—
(A) exempt a person or commercial motor vehicle from a regulation
related to commercial motor vehicle safety only because the operations
of the person or vehicle are entirely in a municipality or commercial
zone of a municipality; or
(B) waive application to a person or commercial motor vehicle of a
regulation related to commercial motor vehicle safety only because the
operations of the person or vehicle are entirely in a municipality or
commercial zone of a municipality.
(2) If a person was authorized to operate a commercial motor vehicle in
a municipality or commercial zone of a municipality in the United States
for the entire period from November 19, 1987, through November 18, 1988,
and if the person is otherwise qualified to operate a commercial motor vehi-
316
cle, the person may operate a commercial motor vehicle entirely in a munici-
pality or commercial zone of a municipality notwithstanding—
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States Government
for operation of the vehicle; and
(C) a medical or physical condition that—
(i) would prevent an operator from operating a commercial
motor vehicle under the commercial motor vehicle safety regula-
tions in title 49, Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor vehicle safe-
ty law applicable to intrastate commerce.
§ 31137. Monitoring device and brake maintenance regula-
tions
(a) USE OF MONITORING DEVICES.—If the Secretary of Transportation
prescribes a regulation about the use of monitoring devices on commercial
motor vehicles to increase compliance by operators of the vehicles with hours
of service regulations of the Secretary, the regulation shall ensure that the
devices are not used to harass vehicle operators. However, the devices may
be used to monitor productivity of the operators.
(b) BRAKES AND BRAKE SYSTEMS MAINTENANCE REGULATIONS.—Not
later than December 31, 1990, the Secretary shall prescribe regulations on
improved standards or methods to ensure that brakes and brake systems
of commercial motor vehicles are maintained properly and inspected by ap-
propriate employees. At a minimum, the regulations shall establish mini-
mum training requirements and qualifications for employees responsible for
maintaining and inspecting the brakes and brake systems.
§ 31138. Minimum financial responsibility for transporting
passengers
(a) GENERAL REQUIREMENT.—The Secretary of Transportation shall
prescribe regulations to require minimum levels of financial responsibility
sufficient to satisfy liability amounts established by the Secretary covering
public liability and property damage for the transportation of passengers for
compensation by motor vehicle in the United States between a place in a
State and—
(1) a place in another State;
(2) another place in the same State through a place outside of that
State; or
(3) a place outside the United States.
317
(b) MINIMUM AMOUNTS.—The level of financial responsibility established
under subsection (a) of this section for a motor vehicle with a seating capac-
ity of—
(1) at least 16 passengers shall be at least $5,000,000; and
(2) not more than 15 passengers shall be at least $1,500,000.
(c) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para-
graph (2) of this subsection, financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Sec-
retary of Transportation:
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.
(2) A person domiciled in a country contiguous to the United States and
providing transportation to which a minimum level of financial responsibility
under this section applies shall have evidence of financial responsibility in
the motor vehicle when the person is providing the transportation. If evi-
dence of financial responsibility is not in the vehicle, the Secretary of Trans-
portation and the Secretary of the Treasury shall deny entry of the vehicle
into the United States.
(d) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear-
ing, the Secretary of Transportation finds that a person (except an em-
ployee acting without knowledge) has knowingly violated this section or a
regulation prescribed under this section, the person is liable to the United
States Government for a civil penalty of not more than $10,000 for each
violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written
notice. In determining the amount of the penalty, the Secretary shall con-
sider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before
referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate dis-
trict court of the United States to collect a penalty referred to the Attorney
General for collection under this subsection.
318
(5) The amount of the penalty may be deducted from amounts the Gov-
ernment owes the person. An amount collected under this section shall be
deposited in the Treasury as miscellaneous receipts.
(e) NONAPPLICATION.—This section does not apply to a motor vehicle—
(1) transporting only school children and teachers to or from school;
(2) providing taxicab service, having a seating capacity of not more
than 6 passengers, and not being operated on a regular route or be-
tween specified places; or
(3) carrying not more than 15 individuals in a single, daily round
trip to and from work.
§ 31139. Minimum financial responsibility for transporting
property
(a) DEFINITIONS.—In this section—
(1) ‘‘farm vehicle’’ means a vehicle—
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in section
10102 of this title); and
(C) operated only incidentally on highways.
(2) ‘‘interstate commerce’’ includes transportation between a place in
a State and a place outside the United States, to the extent the trans-
portation is in the United States.
(3) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
(b) GENERAL REQUIREMENT AND MINIMUM AMOUNT.—(1) The Sec-
retary of Transportation shall prescribe regulations to require minimum lev-
els of financial responsibility sufficient to satisfy liability amounts estab-
lished by the Secretary covering public liability, property damage, and envi-
ronmental restoration for the transportation of property for compensation
by motor vehicle in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that
State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1)
of this subsection shall be at least $750,000.
(c) REQUIREMENTS FOR HAZARDOUS MATTER AND OIL.—(1) The Sec-
retary of Transportation shall prescribe regulations to require minimum lev-
els of financial responsibility sufficient to satisfy liability amounts estab-
lished by the Secretary covering public liability, property damage, and envi-
319
ronmental restoration for the transportation by motor vehicle in interstate
or intrastate commerce of—
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator of
the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this paragraph, the
level of financial responsibility established under paragraph (1) of this sub-
section shall be at least $5,000,000 for the transportation—
(i) of hazardous substances (as defined by the Administrator) in
cargo tanks, portable tanks, or hopper-type vehicles, with capacities of
more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas, or com-
pressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the mini-
mum level in subparagraph (A) of this paragraph (to an amount not less
than $1,000,000) for transportation described in subparagraph (A) in any
of the territories of Puerto Rico, the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands if—
(i) the chief executive officer of the territory requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation
service and will not adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under paragraph (1)
of this subsection for the transportation of a material, oil, substance, or
waste not subject to paragraph (2) of this subsection shall be at least
$1,000,000. However, if the Secretary of Transportation finds it will not
adversely affect public safety, the Secretary by regulation may reduce the
amount for—
(A) a class of vehicles transporting such a material, oil, substance,
or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in
interstate commerce (except in bulk).
(d) FOREIGN MOTOR CARRIERS AND PRIVATE CARRIERS.—Regulations
prescribed under this section may allow foreign motor carriers and foreign
motor private carriers (as those terms are defined in section 10530 of this
title) providing transportation of property under a certificate of registration
issued under section 10530 to meet the minimum levels of financial respon-
sibility under this section only when those carriers are providing transpor-
tation for property in the United States.
320
(e) EVIDENCE OF FINANCIAL RESPONSIBILITY.—(1) Subject to para-
graph (2) of this subsection, financial responsibility may be established by
evidence of one or a combination of the following if acceptable to the Sec-
retary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do
business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United States and
providing transportation to which a minimum level of financial responsibility
under this section applies shall have evidence of financial responsibility in
the motor vehicle when the person is providing the transportation. If evi-
dence of financial responsibility is not in the vehicle, the Secretary of Trans-
portation and the Secretary of the Treasury shall deny entry of the vehicle
into the United States.
(f) CIVIL PENALTY.—(1) If, after notice and an opportunity for a hear-
ing, the Secretary of Transportation finds that a person (except an em-
ployee acting without knowledge) has knowingly violated this section or a
regulation prescribed under this section, the person is liable to the United
States Government for a civil penalty of not more than $10,000 for each
violation. A separate violation occurs for each day the violation continues.
(2) The Secretary of Transportation shall impose the penalty by written
notice. In determining the amount of the penalty, the Secretary shall con-
sider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history
of prior violations, the ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before
referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate dis-
trict court of the United States to collect a penalty referred to the Attorney
General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Gov-
ernment owes the person. An amount collected under this section shall be
deposited in the Treasury as miscellaneous receipts.
(g) NONAPPLICATION.—This section does not apply to a motor vehicle
having a gross vehicle weight rating of less than 10,000 pounds if the vehi-
cle is not used to transport in interstate or foreign commerce—
321
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
§ 31140. Submission of State laws and regulations for review
(a) GENERAL.—A State that enacts a State law or issues a regulation
on commercial motor vehicle safety shall submit a copy of the law or regula-
tion to the Secretary of Transportation and the Commercial Motor Vehicle
Safety Regulatory Review Panel immediately after the enactment or issu-
ance.
(b) ADDITIONAL INFORMATION.—As soon as practicable but not later
than a date the Panel may establish, a State that submits a State law or
regulation under this section to the Panel shall—
(1) indicate in writing to the Panel whether the law or regulation—
(A) has the same effect as a regulation prescribed by the Sec-
retary under section 31136 of this title;
(B) is less stringent than that regulation; or
(C) is additional to or more stringent than that regulation; and
(2) submit to the Panel other information the Panel or the Secretary
may require to carry out this subchapter.
§ 31141. Review and preemption of State laws and regula-
tions
(a) PREEMPTION AFTER DECISION.—A State may not enforce a State
law or regulation on commercial motor vehicle safety that the Secretary of
Transportation decides under this section may not be enforced.
(b) ANALYSIS AND DECISIONS BY THE PANEL.—(1) The Commercial
Motor Vehicle Safety Regulatory Review Panel annually shall analyze State
laws and regulations and decide which of those laws and regulations are re-
lated to commercial motor vehicle safety.
(2) Not later than one year after the date the Secretary prescribes a reg-
ulation under section 31136 of this title or one year after the date the Panel
decides under paragraph (1) of this subsection that a State law or regula-
tion is related to commercial motor vehicle safety, whichever is later, the
Panel shall—
(A) decide whether the State law or regulation—
(i) has the same effect as the regulation prescribed by the Sec-
retary;
(ii) is less stringent than that regulation; or
(iii) is additional to or more stringent than that regulation;
(B) decide, for each State law or regulation that the Panel decides
is additional to or more stringent than the regulation prescribed by the
Secretary, whether—
322
(i) the State law or regulation has no safety benefit;
(ii) the State law or regulation is incompatible with the regula-
tion prescribed by the Secretary; or
(iii) enforcement of the State law or regulation would cause an
unreasonable burden on interstate commerce; and
(C) notify the Secretary of the Panel’s decisions under this sub-
section.
(c) REVIEW AND DECISIONS BY SECRETARY.—(1) The Secretary shall re-
view each State law and regulation on commercial motor vehicle safety. Not
later than 18 months after the date the Panel notifies the Secretary of a
decision under subsection (b) of this section, the Secretary shall—
(A) conduct a regulatory proceeding to decide under this subsection
whether the State law or regulation may be enforced; and
(B) prescribe a final regulation.
(2) If the Secretary decides a State law or regulation has the same effect
as a regulation prescribed by the Secretary under section 31136 of this title,
the State law or regulation may be enforced.
(3) If the Secretary decides a State law or regulation is less stringent
than a regulation prescribed by the Secretary under section 31136 of this
title, the State law or regulation may not be enforced.
(4) If the Secretary decides a State law or regulation is additional to or
more stringent than a regulation prescribed by the Secretary under section
31136 of this title, the State law or regulation may be enforced unless the
Secretary also decides that—
(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the regulation
prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an un-
reasonable burden on interstate commerce.
(5)(A) In deciding about a State law or regulation under this subsection,
the Secretary shall give great weight to the corresponding decision made by
the Panel about that law or regulation under subsection (b) of this section.
(B) In deciding under paragraph (4) of this subsection whether a State
law or regulation will cause an unreasonable burden on interstate commerce,
the Secretary may consider the effect on interstate commerce of implemen-
tation of that law or regulation with the implementation of all similar laws
and regulations of other States.
(d) WAIVERS.—(1) A person (including a State) may petition the Sec-
retary for a waiver of a decision of the Secretary that a State law or regula-
tion may not be enforced under this section. The Secretary shall grant the
waiver, as expeditiously as possible, if the person demonstrates to the satis-