323
faction of the Secretary that the waiver is consistent with the public interest
and the safe operation of commercial motor vehicles.
(2) Before deciding whether to grant or deny a petition for a waiver
under this subsection, the Secretary shall give the petitioner an opportunity
for a hearing on the record.
(e) CONSOLIDATING PROCEEDINGS.—The Secretary may consolidate reg-
ulatory proceedings under this section if the Secretary decides that the con-
solidation will not adversely affect a party to a proceeding.
(f) WRITTEN NOTICE OF DECISIONS.—Not later than 10 days after mak-
ing a decision under subsection (c) of this section that a State law or regu-
lation may not be enforced, the Secretary shall give written notice to the
State of that decision.
(g) JUDICIAL REVIEW AND VENUE.—(1) Not later than 60 days after the
Secretary makes a decision under subsection (c) of this section, or grants
or denies a petition for a waiver under subsection (d) of this section, a per-
son (including a State) adversely affected by the decision, grant, or denial
may file a petition for judicial review. The petition may be filed in the court
of appeals of the United States for the District of Columbia Circuit or in
the court of appeals of the United States for the circuit in which the person
resides or has its principal place of business.
(2) The court has jurisdiction to review the decision, grant, or denial and
to grant appropriate relief, including interim relief, as provided in chapter
7 of title 5.
(3) A judgment of a court under this subsection may be reviewed only
by the Supreme Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition to other
remedies provided by law.
(h) INITIATING REVIEW PROCEEDINGS.—To review a State law or regula-
tion on commercial motor vehicle safety under this section, the Secretary
may initiate a regulatory proceeding on the Secretary’s own initiative or on
petition of an interested person (including a State).
§ 31142. Inspection of vehicles
(a) INSPECTION OF SAFETY EQUIPMENT.—On the instruction of an au-
thorized enforcement official of a State or of the United States Government,
a commercial motor vehicle is required to pass an inspection of all safety
equipment required under part 393 of title 49, Code of Federal Regulations.
(b) INSPECTION OF VEHICLES AND RECORD RETENTION.—The Secretary
of Transportation shall prescribe regulations on Government standards for
inspection of commercial motor vehicles and retention by employers of
records of an inspection. The standards shall provide for annual or more
frequent inspections of a commercial motor vehicle unless the Secretary
324
finds that another inspection system is as effective as an annual or more
frequent inspection system. Regulations prescribed under this subsection are
deemed to be regulations prescribed under section 31136 of this title.
(c) PREEMPTION.—(1) Except as provided in paragraph (2) of this sub-
section, this subchapter and section 31102 of this title do not—
(A) prevent a State or voluntary group of States from imposing more
stringent standards for use in their own periodic roadside inspection
programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of com-
mercial motor vehicles that the Secretary decides is as effective as the
Government standards prescribed under subsection (b) of this section;
(C) prevent a State from enforcing a program for inspection of com-
mercial motor vehicles that meets the requirements for membership in
the Commercial Vehicle Safety Alliance, as those requirements were in
effect on October 30, 1984; or
(D) require a State that is enforcing a program described in clause
(B) or (C) of this paragraph to enforce a Government standard pre-
scribed under subsection (b) of this section or to adopt a provision on
inspection of commercial motor vehicles in addition to that program to
comply with the Government standards.
(2) The Government standards prescribed under subsection (b) of this
section shall preempt a program of a State described in paragraph (1)(C)
of this subsection as the program applies to the inspection of commercial
motor vehicles in that State. The State may not enforce the program if the
Secretary—
(A) decides, after notice and an opportunity for a hearing, that the
State is not enforcing the program in a way that achieves the objectives
of this section; and
(B) after making a decision under clause (A) of this paragraph, pro-
vides the State with a 6-month period to improve the enforcement of
the program to achieve the objectives of this section.
(d) INSPECTION TO BE ACCEPTED AS ADEQUATE IN ALL STATES.—A
periodic inspection of a commercial motor vehicle under the Government
standards prescribed under subsection (b) of this section or a program de-
scribed in subsection (c)(1)(B) or (C) of this section that is being enforced
shall be recognized as adequate in every State for the period of the inspec-
tion. This subsection does not prohibit a State from making random inspec-
tions of commercial motor vehicles.
(e) EFFECT OF GOVERNMENT STANDARDS.—The Government standards
prescribed under subsection (b) of this section may not be enforced as the
standards apply to the inspection of commercial motor vehicles in a State
325
enforcing a program described in subsection (c)(1)(B) or (C) of this section
if the Secretary decides that it is in the public interest and consistent with
public safety for the Government standards not to be enforced as they apply
to that inspection.
(f) APPLICATION OF STATE REGULATIONS TO GOVERNMENT-LEASED VE-
HICLES AND OPERATORS.—A State receiving financial assistance under sec-
tion 31102 of this title in a fiscal year may enforce in that fiscal year a
regulation on commercial motor vehicle safety adopted by the State as the
regulation applies to commercial motor vehicles and operators leased to the
Government.
§ 31143. Investigating complaints and protecting complain-
ants
(a) INVESTIGATING COMPLAINTS.—The Secretary of Transportation shall
conduct a timely investigation of a nonfrivolous written complaint alleging
that a substantial violation of a regulation prescribed under this subchapter
is occurring or has occurred within the prior 60 days. The Secretary shall
give the complainant timely notice of the findings of the investigation. The
Secretary is not required to conduct separate investigations of duplicative
complaints.
(b) PROTECTING COMPLAINANTS.—Notwithstanding section 552 of title
5, the Secretary may disclose the identity of a complainant only if disclosure
is necessary to prosecute a violation. If disclosure becomes necessary, the
Secretary shall take every practical means within the Secretary’s authority
to ensure that the complainant is not subject to harassment, intimidation,
disciplinary action, discrimination, or financial loss because of the disclo-
sure.
§ 31144. Safety fitness of owners and operators
(a) PROCEDURE.—(1) In cooperation with the Interstate Commerce Com-
mission, the Secretary of Transportation shall prescribe regulations estab-
lishing a procedure to decide on the safety fitness of owners and operators
of commercial motor vehicles, including persons seeking new or additional
operating authority as motor carriers under sections 10922 and 10923 of
this title. The procedure shall include—
(A) specific initial and continuing requirements to be met by the
owners, operators, and persons to prove safety fitness;
(B) a means of deciding whether the owners, operators, and persons
meet the safety fitness requirements under clause (A) of this para-
graph; and
(C) specific time deadlines for action by the Secretary and the Com-
mission in making fitness decisions.
326
(2) Regulations prescribed under this subsection supersede all regulations
of the United States Government on safety fitness and safety rating of
motor carriers in effect on October 30, 1984.
(b) FINDINGS AND ACTION ON APPLICATIONS.—The Commission shall—
(1) find an applicant for authority to operate as a motor carrier
unfit if the applicant does not meet the safety fitness requirements es-
tablished under subsection (a) of this section; and
(2) deny the application.
§ 31145. Coordination of Governmental activities and paper-
work
The Secretary of Transportation shall coordinate the activities of depart-
ments, agencies, and instrumentalities of the United States Government to
ensure adequate protection of the safety and health of operators of commer-
cial motor vehicles. The Secretary shall attempt to minimize paperwork bur-
dens to ensure maximum coordination and to avoid overlap and the imposi-
tion of unreasonable burdens on persons subject to regulations under this
subchapter.
§ 31146. Relationship to other laws
Except as provided in section 31136(b) of this title, this subchapter and
the regulations prescribed under this subchapter do not affect chapter 51
of this title or a regulation prescribed under chapter 51.
§ 31147. Limitations on authority
(a) TRAFFIC REGULATIONS.—This subchapter does not authorize the
Secretary of Transportation to prescribe traffic safety regulations or pre-
empt State traffic regulations. However, the Secretary may prescribe traffic
regulations to the extent their subject matter was regulated under parts
390–399 of title 49, Code of Federal Regulations, on October 30, 1984.
(b) REGULATING THE MANUFACTURING OF VEHICLES.—This subchapter
does not authorize the Secretary to regulate the manufacture of commercial
motor vehicles for any purpose, including fuel economy, safety, or emission
control.
SUBCHAPTER IV—MISCELLANEOUS
§ 31161. Procedures to ensure timely correction of safety
violations
(a) DEFINITION.—Section 31132(1) of this title applies to this section.
(b) GENERAL.—Not later than August 3, 1991, the Secretary of Trans-
portation shall prescribe regulations establishing procedures to ensure the
proper and timely correction of commercial motor vehicle safety violations
noted during an inspection carried out with money authorized under section
31104 of this title.
327
(c) VERIFICATION PROGRAM.—The regulations shall establish a verifica-
tion program for United States Government inspectors and States partici-
pating under section 31102 of this title to ensure that commercial motor
vehicles and their operators found in violation of safety requirements have
been brought into compliance with those requirements. The regulations shall
include—
(1) a nationwide system for random reinspection of the commercial
motor vehicles and their operators that have been declared out-of-serv-
ice because of those safety violations, with the main purpose of the sys-
tem being to verify that the violations have been corrected on a timely
basis;
(2) a program of accountability for correcting all safety violations
that shall provide that—
(A) the operator of a commercial motor vehicle for which a safe-
ty violation has been noted shall be issued a form prescribed by
the Secretary;
(B) the person making the repairs necessary to correct the vio-
lation shall certify on the form the making of repairs and the date,
location, and time of the repairs;
(C) the motor carrier responsible for the commercial motor vehi-
cle or operator shall certify on the form that, based on the car-
rier’s knowledge, the repairs necessary to correct the violation
have been made; and
(D) appropriate State penalties shall be imposed for a false
statement on the form or a failure to return the form to the ap-
propriate State entity; and
(3) a system for ensuring that appropriate State penalties are im-
posed for failure to correct any of those safety violations.
§ 31162. Compliance review priority
If the Secretary of Transportation identifies a pattern of violations of
State or local traffic safety laws or regulations or commercial motor vehicle
safety regulations, standards, or orders among drivers of commercial motor
vehicles employed by a particular motor carrier, the Secretary or a State
representative shall ensure that the motor carrier receives a high priority
for review of that carrier’s compliance with applicable United States Gov-
ernment and State commercial motor vehicle safety regulations.
CHAPTER 313—COMMERCIAL MOTOR VEHICLE
OPERATORS
Sec.
31301.
Definitions.
31302.
Limitation on the number of driver’s licenses.
31303.
Notification requirements.
31304.
Employer responsibilities.
328
31305.
General driver fitness and testing.
31306.
Alcohol and controlled substances testing.
31307.
Minimum training requirements for operators of longer combination vehicles.
31308.
Commercial driver’s license.
31309.
Commercial driver’s license information system.
31310.
Disqualifications.
31311.
Requirements for State participation.
31312.
Grants for testing and ensuring the fitness of operators of commercial motor vehicles.
31313.
Grants for issuing commercial drivers’ licenses and complying with State participation
requirements.
31314.
Withholding amounts for State noncompliance.
31315.
Waiver authority.
31316.
Limitation on statutory construction.
31317.
Procedure for prescribing regulations.
§ 31301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given the term ‘‘alcoholic bev-
erage’’ in section 158(c) of title 23.
(2) ‘‘commerce’’ means trade, traffic, and transportation—
(A) in the jurisdiction of the United States between a place in
a State and a place outside that State (including a place outside
the United States); or
(B) in the United States that affects trade, traffic, and trans-
portation described in subclause (A) of this clause.
(3) ‘‘commercial driver’s license’’ means a license issued by a State
to an individual authorizing the individual to operate a class of com-
mercial motor vehicles.
(4) ‘‘commercial motor vehicle’’ means a motor vehicle used in com-
merce to transport passengers or property that—
(A) has a gross vehicle weight rating of at least 26,001 pounds
or a lesser gross vehicle weight rating the Secretary of Transpor-
tation prescribes by regulation, but not less than a gross vehicle
weight rating of 10,001 pounds;
(B) is designed to transport at least 16 passengers including the
driver; or
(C) is used to transport material found by the Secretary to be
hazardous under section 5103 of this title, except that a vehicle
shall not be included as a commercial motor vehicle under this
subclause if—
(i) the vehicle does not satisfy the weight requirements of
subclause (A) of this clause;
(ii) the vehicle transporting material listed as hazardous
under section 306(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9656(a)) and not otherwise regulated by the Secretary
or transporting a consumer commodity or limited quantity of
329
hazardous material as defined in section 171.8 of title 49,
Code of Federal Regulations; and
(iii) the Secretary does not deny the application of this ex-
ception to the vehicle (individually or as part of a class of
motor vehicles) in the interest of safety.
(5) except in section 31306, ‘‘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).
(6) ‘‘driver’s license’’ means a license issued by a State to an individ-
ual authorizing the individual to operate a motor vehicle on highways.
(7) ‘‘employee’’ means an operator of a commercial motor vehicle (in-
cluding an independent contractor when operating a commercial motor
vehicle) who is employed by an employer.
(8) ‘‘employer’’ means a person (including the United States Govern-
ment, a State, or a political subdivision of a State) that owns or leases
a commercial motor vehicle or assigns employees to operate a commer-
cial motor vehicle.
(9) ‘‘felony’’ means an offense under a law of the United States or
a State that is punishable by death or imprisonment for more than one
year.
(10) ‘‘hazardous material’’ has the same meaning given that term in
section 5102 of this title.
(11) ‘‘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, machine,
tractor, trailer, or semitrailer operated only on a rail line or custom
harvesting farm machinery.
(12) ‘‘serious traffic violation’’ means—
(A) excessive speeding, as defined by the Secretary by regula-
tion;
(B) reckless driving, as defined under State or local law;
(C) a violation of a State or local law on motor vehicle traffic
control (except a parking violation) and involving a fatality; and
(D) any other similar violation of a State or local law on motor
vehicle traffic control (except a parking violation) that the Sec-
retary designates by regulation as serious.
(13) ‘‘State’’ means a State of the United States and the District
of Columbia.
(14) ‘‘United States’’ means the States of the United States and the
District of Columbia.
330
§ 31302. Limitation on the number of driver’s licenses
An individual operating a commercial motor vehicle may have only one
driver’s license at any time, except during the 10-day period beginning on
the date the individual is issued a driver’s license.
§ 31303. Notification requirements
(a) VIOLATIONS.—An individual operating a commercial motor vehicle,
having a driver’s license issued by a State, and violating a State or local
law on motor vehicle traffic control (except a parking violation) shall notify
the individual’s employer of the violation. If the violation occurred in a State
other than the issuing State, the individual also shall notify a State official
designated by the issuing State. The notifications required by this sub-
section shall be made not later than 30 days after the date the individual
is found to have committed the violation.
(b) REVOCATIONS, SUSPENSIONS, AND CANCELLATIONS.—An employee
who has a driver’s license revoked, suspended, or canceled by a State, who
loses the right to operate a commercial motor vehicle in a State for any pe-
riod, or who is disqualified from operating a commercial motor vehicle for
any period, shall notify the employee’s employer of the action not later than
30 days after the date of the action.
(c) PREVIOUS EMPLOYMENT.—(1) Subject to paragraph (2) of this sub-
section, an individual applying for employment as an operator of a commer-
cial motor vehicle shall notify the prospective employer, at the time of the
application, of any previous employment as an operator of a commercial
motor vehicle.
(2) The Secretary of Transportation shall prescribe by regulation the pe-
riod for which notice of previous employment must be given under para-
graph (1) of this subsection. However, the period may not be less than the
10-year period ending on the date of the application.
§ 31304. Employer responsibilities
An employer may not knowingly allow an employee to operate a commer-
cial motor vehicle in the United States during a period in which the em-
ployee—
(1) has a driver’s license revoked, suspended, or canceled by a State,
has lost the right to operate a commercial motor vehicle in a State, or
has been disqualified from operating a commercial motor vehicle; or
(2) has more than one driver’s license (except as allowed under sec-
tion 31302 of this title).
§ 31305. General driver fitness and testing
(a) MINIMUM STANDARDS FOR TESTING AND FITNESS.—The Secretary
of Transportation shall prescribe regulations on minimum standards for
331
testing and ensuring the fitness of an individual operating a commercial
motor vehicle. The regulations—
(1) shall prescribe minimum standards for written and driving tests
of an individual operating a commercial motor vehicle;
(2) shall require an individual who operates or will operate a com-
mercial motor vehicle to take a driving test in a vehicle representative
of the type of vehicle the individual operates or will operate;
(3) shall prescribe minimum testing standards for the operation of
a commercial motor vehicle and may prescribe different minimum test-
ing standards for different classes of commercial motor vehicles;
(4) shall ensure that an individual taking the tests has a working
knowledge of—
(A) regulations on the safe operation of a commercial motor ve-
hicle prescribed by the Secretary and contained in title 49, Code
of Federal Regulations; and
(B) safety systems of the vehicle;
(5) shall ensure that an individual who operates or will operate a
commercial motor vehicle carrying a hazardous material—
(A) is qualified to operate the vehicle under regulations on
motor vehicle transportation of hazardous material prescribed
under chapter 51 of this title; and
(B) has a working knowledge of—
(i) those regulations;
(ii) the handling of hazardous material;
(iii) the operation of emergency equipment used in response
to emergencies arising out of the transportation of hazardous
material; and
(iv) appropriate response procedures to follow in those
emergencies;
(6) shall establish minimum scores for passing the tests;
(7) shall ensure that an individual taking the tests is qualified to op-
erate a commercial motor vehicle under regulations prescribed by the
Secretary and contained in title 49, Code of Federal Regulations, to
the extent the regulations apply to the individual; and
(8) may require—
(A) issuance of a certification of fitness to operate a commercial
motor vehicle to an individual passing the tests; and
(B) the individual to have a copy of the certification in the indi-
vidual’s possession when the individual is operating a commercial
motor vehicle.
332
(b) REQUIREMENTS FOR OPERATING VEHICLES.—(1) Except as provided
in paragraph (2) of this subsection, an individual may operate a commercial
motor vehicle only if the individual has passed written and driving tests to
operate the vehicle that meet the minimum standards prescribed by the Sec-
retary under subsection (a) of this section.
(2) The Secretary may prescribe regulations providing that an individual
may operate a commercial motor vehicle for not more than 90 days if the
individual—
(A) passes a driving test for operating a commercial motor vehicle
that meets the minimum standards prescribed under subsection (a) of
this section; and
(B) has a driver’s license that is not suspended, revoked, or canceled.
§ 31306. Alcohol and controlled substances testing
(a) DEFINITION.—In this section, ‘‘controlled substance’’ means any sub-
stance under section 102 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) specified by the Secretary of Trans-
portation.
(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHI-
CLES.—(1)(A) In the interest of commercial motor vehicle safety, the Sec-
retary of Transportation shall prescribe regulations not later than October
28, 1992, that establish a program requiring motor carriers to conduct
preemployment, reasonable suspicion, random, and post-accident testing of
operators of commercial motor vehicles for the use of alcohol or a controlled
substance in violation of law or a United States Government regulation.
(B) When the Secretary of Transportation considers it appropriate in the
interest of safety, the Secretary may prescribe regulations for conducting
periodic recurring testing of operators of commercial motor vehicles for the
use of alcohol or a controlled substance in violation of law or a Government
regulation.
(2) In prescribing regulations under this subsection, the Secretary of
Transportation—
(A) shall require that post-accident testing of an operator of a com-
mercial motor vehicle be conducted when loss of human life occurs in
an accident involving a commercial motor vehicle; and
(B) may require that post-accident testing of such an operator be
conducted when bodily injury or significant property damage occurs in
any other serious accident involving a commercial motor vehicle.
(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out sub-
section (b) of this section, the Secretary of Transportation shall develop re-
quirements that shall—
333
(1) promote, to the maximum extent practicable, individual privacy
in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances,
incorporate the Department of Health and Human Services scientific
and technical guidelines dated April 11, 1988, and any amendments to
those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory con-
trolled substances testing and laboratory procedures to be applied
in carrying out this section, including standards requiring the use
of the best available technology to ensure the complete reliability
and accuracy of controlled substances tests and strict procedures
governing the chain of custody of specimens collected for con-
trolled substances testing;
(B) the minimum list of controlled substances for which individ-
uals may be tested; and
(C) appropriate standards and procedures for periodic review of
laboratories and criteria for certification and revocation of certifi-
cation of laboratories to perform controlled substances testing in
carrying out this section;
(3) require that a laboratory involved in testing under this section
have the capability and facility, at the laboratory, of performing screen-
ing and confirmation tests;
(4) provide that any test indicating the use of alcohol or a controlled
substance in violation of law or a Government regulation be confirmed
by a scientifically recognized method of testing capable of providing
quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled
in the presence of the tested individual and that a part of the specimen
be retained in a secure manner to prevent the possibility of tampering,
so that if the individual’s confirmation test results are positive the indi-
vidual has an opportunity to have the retained part tested by a 2d con-
firmation test done independently at another certified laboratory if the
individual requests the 2d confirmation test not later than 3 days after
being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify
alcohol in breath and body fluid samples, including urine and blood,
through the development of regulations that may be necessary and in
consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical infor-
mation (except information about alcohol or a controlled substance) of
employees, except that this clause does not prevent the use of test re-
334
sults for the orderly imposition of appropriate sanctions under this sec-
tion; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treat-
ed differently from other employees in similar circumstances.
(d) TESTING AS PART OF MEDICAL EXAMINATION.—The Secretary of
Transportation may provide that testing under subsection (a) of this section
for operators subject to subpart E of part 391 of title 49, Code of Federal
Regulations, be conducted as part of the medical examination required
under that subpart.
(e) REHABILITATION.—The Secretary of Transportation shall prescribe
regulations establishing requirements for rehabilitation programs that pro-
vide for the identification and opportunity for treatment of operators of
commercial motor vehicles who are found to have used alcohol or a con-
trolled substance in violation of law or a Government regulation. The Sec-
retary shall decide on the circumstances under which those operators shall
be required to participate in a program. This section does not prevent a
motor carrier from establishing a program under this section in cooperation
with another motor carrier.
(f) SANCTIONS.—The Secretary of Transportation shall decide on appro-
priate sanctions for a commercial motor vehicle operator who is found,
based on tests conducted and confirmed under this section, to have used al-
cohol or a controlled substance in violation of law or a Government regula-
tion but who is not under the influence of alcohol or a controlled substance
as provided in this chapter.
(g) EFFECT ON STATE AND LOCAL GOVERNMENT REGULATIONS.—A
State or local government may not prescribe or continue in effect a law, reg-
ulation, standard, or order that is inconsistent with regulations prescribed
under this section. However, a regulation prescribed under this section may
not be construed to preempt a State criminal law that imposes sanctions
for reckless conduct leading to loss of life, injury, or damage to property.
(h) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS.—In prescribing
regulations under this section, the Secretary of Transportation—
(1) shall establish only requirements that are consistent with inter-
national obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign coun-
tries.
(i) OTHER REGULATIONS ALLOWED.—This section does not prevent the
Secretary of Transportation from continuing in effect, amending, or further
supplementing a regulation prescribed before October 28, 1991, governing
335
the use of alcohol or a controlled substance by commercial motor vehicle em-
ployees.
(j) APPLICATION OF PENALTIES.—This section does not supersede a pen-
alty applicable to an operator of a commercial motor vehicle under this
chapter or another law.
§ 31307. Minimum training requirements for operators of
longer combination vehicles
(a) DEFINITION.—In this section, ‘‘longer combination vehicle’’ means a
vehicle consisting of a truck tractor and more than one trailer or semitrailer
that operates on the Dwight D. Eisenhower System of Interstate and De-
fense Highways with a gross vehicle weight of more than 80,000 pounds.
(b) REQUIREMENTS.—Not later than December 18, 1994, the Secretary
of Transportation shall prescribe regulations establishing minimum training
requirements for operators of longer combination vehicles. The training shall
include certification of an operator’s proficiency by an instructor who has
met the requirements established by the Secretary.
§ 31308. Commercial driver’s license
After consultation with the States, the Secretary of Transportation shall
prescribe regulations on minimum uniform standards for the issuance of
commercial drivers’ licenses by the States and for information to be con-
tained on each of the licenses. The standards shall require at a minimum
that—
(1) an individual issued a commercial driver’s license pass written
and driving tests for the operation of a commercial motor vehicle that
comply with the minimum standards prescribed by the Secretary under
section 31305(a) of this title;
(2) the license be tamperproof to the maximum extent practicable;
and
(3) the license contain—
(A) the name and address of the individual issued the license
and a physical description of the individual;
(B) the social security account number or other number or in-
formation the Secretary decides is appropriate to identify the indi-
vidual;
(C) the class or type of commercial motor vehicle the individual
is authorized to operate under the license;
(D) the name of the State that issued the license; and
(E) the dates between which the license is valid.
§ 31309. Commercial driver’s license information system
(a) GENERAL REQUIREMENT.—The Secretary of Transportation shall
make an agreement under subsection (b) of this section for the operation
336
of, or establish under subsection (c) of this section, an information system
that will serve as a clearinghouse and depository of information about the
licensing, identification, and disqualification of operators of commercial
motor vehicles. The Secretary shall consult with the States in carrying out
this section.
(b) STATE AGREEMENTS.—If the Secretary decides that an information
system used by a State or States about the driving status of operators of
motor vehicles or another State-operated information system could be used
to carry out this section, and the State or States agree to the use of the
system for carrying out this section, the Secretary may make an agreement
with the State or States to use the system as provided in this section and
section 31311(c) of this title. An agreement made under this subsection
shall contain terms the Secretary considers necessary to carry out this chap-
ter.
(c) ESTABLISHMENT BY SECRETARY.—If the Secretary does not make an
agreement under subsection (b) of this section, the Secretary shall establish
an information system about the driving status and licensing of operators
of commercial motor vehicles as provided in this section.
(d) CONTENTS.—(1) At a minimum, the information system under this
section shall include for each operator of a commercial motor vehicle—
(A) information the Secretary considers appropriate to ensure identi-
fication of the operator;
(B) the name, address, and physical description of the operator;
(C) the social security account number of the operator or other num-
ber or information the Secretary considers appropriate to identify the
operator;
(D) the name of the State that issued the license to the operator;
(E) the dates between which the license is valid; and
(F) whether the operator had a commercial motor vehicle driver’s li-
cense revoked, suspended, or canceled by a State, lost the right to oper-
ate a commercial motor vehicle in a State for any period, or has been
disqualified from operating a commercial motor vehicle.
(2) Not later than December 31, 1990, the Secretary shall prescribe regu-
lations on minimum uniform standards for a biometric identification system
to ensure the identification of operators of commercial motor vehicles.
(e) AVAILABILITY OF INFORMATION.—(1) On request of a State, the Sec-
retary or the operator of the information system, as the case may be, may
make available to the State information in the information system under
this section.
337
(2) On request of an employee, the Secretary or the operator of the infor-
mation system, as the case may be, may make available to the employee in-
formation in the information system about the employee.
(3) On request of an employer or prospective employer of an employee
and after notification to the employee, the Secretary or the operator of the
information system, as the case may be, may make available to the employer
or prospective employer information in the information system about the
employee.
(4) On the request of the Secretary, the operator of the information sys-
tem shall make available to the Secretary information about the driving sta-
tus and licensing of operators of commercial motor vehicles (including infor-
mation required by subsection (d)(1) of this section).
(f) FEE SYSTEM.—If the Secretary establishes an information system
under this section, the Secretary shall establish a fee system for using the
information system. Fees collected under this subsection in a fiscal year
shall equal as nearly as possible the costs of operating the information sys-
tem in that fiscal year. The Secretary shall deposit fees collected under this
subsection in the Highway Trust Fund (except the Mass Transit Account).
§ 31310. Disqualifications
(a) BLOOD ALCOHOL CONCENTRATION LEVEL.—In this section, the
blood alcohol concentration level at or above which an individual when oper-
ating a commercial motor vehicle is deemed to be driving under the influ-
ence of alcohol is .04 percent.
(b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as provided
in paragraph (2) of this subsection and subsection (c) of this section, the
Secretary of Transportation shall disqualify from operating a commercial
motor vehicle for at least one year an individual—
(A) committing a first violation of driving a commercial motor vehi-
cle under the influence of alcohol or a controlled substance;
(B) committing a first violation of leaving the scene of an accident
involving a commercial motor vehicle operated by the individual; or
(C) using a commercial motor vehicle in committing a felony (except
a felony described in subsection (d) of this section).
(2) If the vehicle involved in a violation referred to in paragraph (1) of
this subsection is transporting hazardous material required to be placarded
under section 5103 of this title, the Secretary shall disqualify the individual
for at least 3 years.
(c) SECOND AND MULTIPLE VIOLATIONS.—(1) Subject to paragraph (2)
of this subsection, the Secretary shall disqualify from operating a commer-
cial motor vehicle for life an individual—
338
(A) committing more than one violation of driving a commercial
motor vehicle under the influence of alcohol or a controlled substance;
(B) committing more than one violation of leaving the scene of an
accident involving a commercial motor vehicle operated by the individ-
ual;
(C) using a commercial motor vehicle in committing more than one
felony arising out of different criminal episodes; or
(D) committing any combination of single violations or use described
in clauses (A)–(C) of this paragraph.
(2) The Secretary may prescribe regulations establishing guidelines (in-
cluding conditions) under which a disqualification for life under paragraph
(1) of this subsection may be reduced to a period of not less than 10 years.
(d) CONTROLLED SUBSTANCE VIOLATIONS.—The Secretary shall dis-
qualify from operating a commercial motor vehicle for life an individual who
uses a commercial motor vehicle in committing a felony involving manufac-
turing, distributing, or dispensing a controlled substance, or possession with
intent to manufacture, distribute, or dispense a controlled substance.
(e) SERIOUS TRAFFIC VIOLATIONS.—(1) The Secretary shall disqualify
from operating a commercial motor vehicle for at least 60 days an individual
who, in a 3-year period, commits 2 serious traffic violations involving a com-
mercial motor vehicle operated by the individual.
(2) The Secretary shall disqualify from operating a commercial motor ve-
hicle for at least 120 days an individual who, in a 3-year period, commits
3 serious traffic violations involving a commercial motor vehicle operated by
the individual.
(f) STATE DISQUALIFICATION.—Notwithstanding subsections (b)–(e) of
this section, the Secretary does not have to disqualify an individual from
operating a commercial motor vehicle if the State that issued the individual
a license authorizing the operation has disqualified the individual from oper-
ating a commercial motor vehicle under subsections (b)–(e). Revocation, sus-
pension, or cancellation of the license is deemed to be disqualification under
this subsection.
(g) OUT-OF-SERVICE ORDERS.—(1)(A) To enforce section 392.5 of title
49, Code of Federal Regulations, the Secretary shall prescribe regulations
establishing and enforcing an out-of-service period of 24 hours for an indi-
vidual who violates section 392.5. An individual may not violate an out-of-
service order issued under those regulations.
(B) The Secretary shall prescribe regulations establishing and enforcing
requirements for reporting out-of-service orders issued under regulations
prescribed under subparagraph (A) of this paragraph. Regulations pre-
scribed under this subparagraph shall require at least that an operator of
339
a commercial motor vehicle who is issued an out-of-service order to report
the issuance to the individual’s employer and to the State that issued the
operator a driver’s license.
(2) Not later than December 18, 1992, the Secretary shall prescribe regu-
lations establishing sanctions and penalties related to violations of out-of-
service orders by individuals operating commercial motor vehicles. The regu-
lations shall require at least that—
(A) an operator of a commercial motor vehicle found to have commit-
ted a first violation of an out-of-service order shall be disqualified from
operating such a vehicle for at least 90 days and liable for a civil pen-
alty of at least $1,000;
(B) an operator of a commercial motor vehicle found to have com-
mitted a 2d violation of an out-of-service order shall be disqualified
from operating such a vehicle for at least one year and not more than
5 years and liable for a civil penalty of at least $1,000; and
(C) an employer that knowingly allows or requires an employee to
operate a commercial motor vehicle in violation of an out-of-service
order shall be liable for a civil penalty of not more than $10,000.
§ 31311. Requirements for State participation
(a) GENERAL.—To avoid having amounts withheld from apportionment
under section 31314 of this title, a State shall comply with the following
requirements:
(1) The State shall adopt and carry out a program for testing and
ensuring the fitness of individuals to operate commercial motor vehicles
consistent with the minimum standards prescribed by the Secretary of
Transportation under section 31305(a) of this title.
(2) The State may issue a commercial driver’s license to an individ-
ual only if the individual passes written and driving tests for the oper-
ation of a commercial motor vehicle that comply with the minimum
standards.
(3) The State shall have in effect and enforce a law providing that
an individual with a blood alcohol concentration level at or above the
level established by section 31310(a) of this title when operating a com-
mercial motor vehicle is deemed to be driving under the influence of
alcohol.
(4) The State shall authorize an individual to operate a commercial
motor vehicle only by issuing a commercial driver’s license containing
the information described in section 31308(3) of this title.
(5) At least 60 days before issuing a commercial driver’s license (or
a shorter period the Secretary prescribes by regulation), the State shall
notify the Secretary or the operator of the information system under
340
section 31309 of this title, as the case may be, of the proposed issuance
of the license and other information the Secretary may require to en-
sure identification of the individual applying for the license.
(6) Before issuing a commercial driver’s license to an individual, the
State shall request from any other State that has issued a commercial
driver’s license to the individual all information about the driving
record of the individual.
(7) Not later than 30 days after issuing a commercial driver’s li-
cense, the State shall notify the Secretary or the operator of the infor-
mation system under section 31309 of this title, as the case may be,
of the issuance.
(8) Not later than 10 days after disqualifying the holder of a com-
mercial driver’s license from operating a commercial motor vehicle (or
after revoking, suspending, or canceling the license) for at least 60
days, the State shall notify the Secretary or the operator of the infor-
mation system under section 31309 of this title, as the case may be,
and the State that issued the license, of the disqualification, revocation,
suspension, or cancellation.
(9) If an individual operating a commercial motor vehicle violates a
State or local law on motor vehicle traffic control (except a parking vio-
lation) and the individual has a driver’s license issued by another State,
the State in which the violation occurred shall notify a State official
designated by the issuing State of the violation not later than 10 days
after the date the individual is found to have committed the violation.
(10) The State may not issue a commercial driver’s license to an in-
dividual during a period in which the individual is disqualified from op-
erating a commercial motor vehicle or the individual’s driver’s license
is revoked, suspended, or canceled.
(11) The State may issue a commercial driver’s license to an individ-
ual who has a commercial driver’s license issued by another State only
if the individual first returns the driver’s license issued by the other
State.
(12) The State may issue a commercial driver’s license only to an
individual who operates or will operate a commercial motor vehicle and
is domiciled in the State, except that, under regulations the Secretary
shall prescribe, the State may issue a commercial driver’s license to an
individual who operates or will operate a commercial motor vehicle and
is not domiciled in a State that issues commercial drivers’ licenses.
(13) The State shall impose penalties the State considers appropriate
and the Secretary approves for an individual operating a commercial
motor vehicle when the individual—
341
(A) does not have a commercial driver’s license;
(B) has a driver’s license revoked, suspended, or canceled; or
(C) is disqualified from operating a commercial motor vehicle.
(14) The State shall allow an individual to operate a commercial
motor vehicle in the State if—
(A) the individual has a commercial driver’s license issued by
another State under the minimum standards prescribed by the
Secretary under section 31305(a) of this title;
(B) the license is not revoked, suspended, or canceled; and
(C) the individual is not disqualified from operating a commer-
cial motor vehicle.
(15) The State shall disqualify an individual from operating a com-
mercial motor vehicle for the same reasons and time periods for which
the Secretary shall disqualify the individual under section 31310(b)–(e)
of this title.
(16)(A) Before issuing a commercial driver’s license to an individual,
the State shall request the Secretary for information from the National
Driver Register maintained under chapter 303 of this title (after the
Secretary decides the Register is operational) on whether the individ-
ual—
(i) has been disqualified from operating a motor vehicle (except
a commercial motor vehicle);
(ii) has had a license (except a license authorizing the individual
to operate a commercial motor vehicle) revoked, suspended, or
canceled for cause in the 3-year period ending on the date of ap-
plication for the commercial driver’s license; or
(iii) has been convicted of an offense specified in section
30304(a)(3) of this title.
(B) The State shall give full weight and consideration to that infor-
mation in deciding whether to issue the individual a commercial driv-
er’s license.
(17) The State shall adopt and enforce regulations prescribed by the
Secretary under section 31310(g)(1)(A) and (2) of this title.
(b) STATE SATISFACTION OF REQUIREMENTS.—A State may satisfy the
requirements of subsection (a) of this section that the State disqualify an
individual from operating a commercial motor vehicle by revoking, suspend-
ing, or canceling the driver’s license issued to the individual.
(c) NOTIFICATION.—Not later than 30 days after being notified by a
State of the proposed issuance of a commercial driver’s license to an individ-
ual, the Secretary or the operator of the information system under section
31309 of this title, as the case may be, shall notify the State whether the
342
individual has a commercial driver’s license issued by another State or has
been disqualified from operating a commercial motor vehicle by another
State or the Secretary.
§ 31312. Grants for testing and ensuring the fitness of opera-
tors of commercial motor vehicles
(a) BASIC GRANTS.—(1) The Secretary of Transportation may make a
grant to a State under this subsection if the State—
(A) makes an agreement with the Secretary—
(i) to adopt and carry out in the fiscal year in which the grant
is made a program for testing and ensuring the fitness of individ-
uals who operate commercial motor vehicles under the minimum
standards prescribed by the Secretary under section 31305(a) of
this title; and
(ii) to require that operators of commercial motor vehicles have
passed written and driving tests that meet the minimum stand-
ards; and
(B) has in effect and enforces in that fiscal year a law providing that
an individual with a blood alcohol concentration of at least .10 percent
when operating a commercial motor vehicle is deemed to be driving
under the influence of alcohol.
(2) A State may—
(A) administer driving tests referred to in paragraph (1) of this sub-
section and section 31311(a) of this title; or
(B) make an agreement, approved by the Secretary, for the tests to
be administered by a person (including a department, agency, or in-
strumentality of a local government) that meets minimum standards
the Secretary prescribes by regulation if—
(i) the agreement allows the Secretary and the State each to
conduct random examinations, inspections, and audits of the test-
ing without prior notification; and
(ii) the State annually conducts at least one onsite inspection
of the testing.
(3) The Secretary shall decide on the amount of a grant in a fiscal year
to be made under this subsection to a State eligible to receive the grant in
the fiscal year. However—
(A) a grant to a State under this subsection shall be at least
$100,000 in a fiscal year; and
(B) to the extent each State grant under this subsection is more
than $100,000 in a fiscal year, the Secretary shall ensure that those
States are treated equitably.
343
(4) A State receiving a grant under this subsection may use the amounts
provided under the grant only to test operators of commercial motor vehi-
cles.
(5) There is available to the Secretary to carry out this subsection
$lllll from amounts made available under section 31104 of this title
for the fiscal year ending September 30, 19l.
(b) SUPPLEMENTAL GRANTS.—(1) The Secretary may make a grant
under this subsection in a fiscal year to a State eligible to receive a grant
under subsection (a) of this section in that fiscal year. A grant made under
this subsection shall be used for testing operators of commercial motor vehi-
cles.
(2) Amounts of grants under this subsection shall be distributed among
the States eligible to receive grants under subsection (a) of this section in
the fiscal year on the basis of the number of written and driving tests ad-
ministered, and the number of drivers’ licenses for the operation of commer-
cial motor vehicles issued, in the prior fiscal year.
(3) There is available to the Secretary to carry out this subsection
$lllll from amounts made available under section 31104 of this title
for the fiscal year ending September 30, 19l.
(c) MAINTENANCE
OF EXPENDITURES.—The Secretary may make a
grant to a State under this section only if the State agrees that the total
expenditure of amounts of the State and political subdivisions of the State,
exclusive of United States Government amounts, for testing operators of
commercial motor vehicles will be maintained at a level at least equal to the
average level of that expenditure for its last 2 fiscal years before October
27, 1986.
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State
under this section remain available for obligation by the State for the fiscal
year for which the amounts are made available. Any of those amounts not
obligated before the last day of that fiscal year are no longer available for
obligation by the State and are available to the Secretary to carry out this
chapter.
(2) Amounts made available to the Secretary under this section remain
available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under this section is a contractual obligation of the
Government for payment of the amount of the grant.
(f) TESTING AND FITNESS PROGRAM STUDIES.—In this section, develop-
ment of a program for testing and ensuring the fitness of individuals who
operate commercial motor vehicles includes studies of—
344
(1) the number of vehicles that will need to be tested under the pro-
gram in a calendar year;
(2) facilities at which testing of those individuals could be conducted;
and
(3) additional resources (including personnel) that will be necessary
to conduct the testing.
§ 31313. Grants for issuing commercial drivers’ licenses and
complying with State participation requirements
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
a grant under this section to a State in a fiscal year if the State makes
an agreement with the Secretary to participate in that fiscal year in the
commercial driver’s license program established by this chapter and the in-
formation system required by section 31309 of this title and to comply with
the requirements of section 31311(a) of this title.
(b) AMOUNTS OF GRANTS.—The Secretary shall decide on the amount of
a grant in a fiscal year to be made under this section to a State eligible
to receive the grant in the fiscal year. However—
(1) a grant to a State under this section shall be at least $100,000
in a fiscal year; and
(2) to the extent each State grant under this section is more than
$100,000 in a fiscal year, the Secretary shall ensure that those States
are treated equitably.
(c) LIMITATION ON USE.—A State receiving a grant under this section
may use the amounts provided under the grant only for issuing commercial
drivers’ licenses and complying with the requirements of section 31311(a)
of this title.
(d) AVAILABILITY OF AMOUNTS.—(1) Amounts made available to a State
under this section remain available for obligation by the State for the fiscal
year for which the amounts are made available. Any of those amounts not
obligated before the last day of that fiscal year are no longer available for
obligation by the State and are available to the Secretary to carry out this
chapter.
(2) Amounts made available to the Secretary under this section remain
available until expended.
(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under this section is a contractual obligation of the
United States Government for payment of the amount of the grant.
(f) AUTHORIZATION.—There is available to the Secretary to carry out
this section $lllll from amounts made available under section 31104
of this title for the fiscal year ending September 30, 19l.
345
§ 31314. Withholding amounts for State noncompliance
(a) FIRST FISCAL YEAR.—The Secretary of Transportation shall withhold
5 percent of the amount required to be apportioned to a State under section
104(b)(1), (2), (5), and (6) of title 23 on the first day of the fiscal year
after the first fiscal year beginning after September 30, 1992, throughout
which the State does not comply substantially with a requirement of section
31311(a) of this title.
(b) SECOND FISCAL YEAR.—The Secretary shall withhold 10 percent of
the amount required to be apportioned to a State under section 104(b)(1),
(2), (5), and (6) of title 23 on the first day of each fiscal year after the
2d fiscal year beginning after September 30, 1992, throughout which the
State does not comply substantially with a requirement of section 31311(a)
of this title.
(c) AVAILABILITY FOR APPORTIONMENT.—(1) Amounts withheld under
this section from apportionment to a State before October 1, 1995, remain
available for apportionment to the State as follows:
(A) If the amounts would have been apportioned under section
104(b)(5)(B) of title 23 but for this section, the amounts remain avail-
able until the end of the 2d fiscal year following the fiscal year for
which the amounts are authorized to be appropriated.
(B) If the amounts would have been apportioned under section
104(b)(1), (2), or (6) of title 23 but for this section, the amounts re-
main available until the end of the 3d fiscal year following the fiscal
year for which the amounts are authorized to be appropriated.
(2) Amounts withheld under this section from apportionment to a State
after September 30, 1995, are not available for apportionment to the State.
(d) APPORTIONMENT AFTER COMPLIANCE.—(1) If, before the last day of
the period for which amounts withheld under this section from apportion-
ment are to remain available for apportionment to a State under subsection
(c)(1) of this section, the State substantially complies with all of the re-
quirements of section 31311(a) of this title for a period of 365 days, the
Secretary, on the day following the last day of that period, shall apportion
to the State the withheld amounts remaining available for apportionment to
that State.
(2) Amounts apportioned under paragraph (1) of this subsection remain
available for expenditure until the end of the 3d fiscal year following the
fiscal year in which the amounts are apportioned. Amounts not obligated
at the end of that period lapse or, for amounts apportioned under section
104(b)(5) of title 23, lapse and are available for projects under section
118(b) of title 23.
346
(e) LAPSE.—If, at the end of the period for which amounts withheld
under this section from apportionment are available for apportionment to
a State under subsection (c)(1) of this section, the State has not substan-
tially complied with all of the requirements of section 31311(a) of this title
for a 365-day period, the amounts lapse or, for amounts withheld from ap-
portionment under section 104(b)(5) of title 23, the amounts lapse and are
available for projects under section 118(b) of title 23.
§ 31315. Waiver authority
After notice and an opportunity for comment, the Secretary of Transpor-
tation may waive any part of this chapter or a regulation prescribed under
this chapter as it applies to a class of individuals or commercial motor vehi-
cles if the Secretary decides the waiver is not contrary to the public interest
and does not diminish the safe operation of commercial motor vehicles. A
waiver under this section shall be published in the Federal Register with
reasons for the waiver.
§ 31316. Limitation on statutory construction
This chapter does not affect the authority of the Secretary of Transpor-
tation to regulate commercial motor vehicle safety involving motor vehicles
with a gross vehicle weight rating of less than 26,001 pounds or a lesser
gross vehicle weight rating the Secretary decides is appropriate under sec-
tion 31301(4)(A) of this title.
§ 31317. Procedure for prescribing regulations
Regulations prescribed by the Secretary of Transportation to carry out
this chapter (except section 31307) shall be prescribed under section 553
of title 5 without regard to sections 556 and 557 of title 5.
CHAPTER 315—MOTOR CARRIER SAFETY
Sec.
31501.
Definitions.
31502.
Requirements for qualifications, hours of service, safety, and equipment standards.
31503.
Research, investigation, and testing.
31504.
Identification of motor vehicles.
§ 31501. Definitions
In this chapter—
(1) ‘‘migrant worker’’ means an individual going to or from employ-
ment in agriculture as provided under section 3121(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 203(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).
(2) ‘‘motor carrier’’, ‘‘motor common carrier’’, ‘‘motor private car-
rier’’, ‘‘motor vehicle’’, and ‘‘United States’’ have the same meanings
given those terms in section 10102 of this title.
(3) ‘‘motor carrier of migrant workers’’—
(A) means a person (except a motor common carrier) providing
transportation referred to in section 10521(a) of this title by a
347
motor vehicle (except a passenger automobile or station wagon) for
at least 3 migrant workers at a time to or from their employment;
but
(B) does not include a migrant worker providing transportation
for migrant workers and their immediate families.
§ 31502. Requirements for qualifications, hours of service,
safety, and equipment standards
(a) APPLICATION.—This section applies to transportation—
(1) described in sections 10521 and 10522 of this title; and
(2) to the extent the transportation is in the United States and is
between places in a foreign country, or between a place in a foreign
country and a place in another foreign country.
(b) MOTOR CARRIER AND PRIVATE MOTOR CARRIER REQUIREMENTS.—
The Secretary of Transportation may prescribe requirements for—
(1) qualifications and maximum hours of service of employees of, and
safety of operation and equipment of, a motor carrier; and
(2) qualifications and maximum hours of service of employees of, and
standards of equipment of, a motor private carrier, when needed to
promote safety of operation.
(c) MIGRANT WORKER MOTOR CARRIER REQUIREMENTS.—The Secretary
may prescribe requirements for the comfort of passengers, qualifications and
maximum hours of service of operators, and safety of operation and equip-
ment of a motor carrier of migrant workers. The requirements only apply
to a carrier transporting a migrant worker—
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of the
United States.
(d) CONSIDERATIONS.—Before prescribing or revising any requirement
under this section, the Secretary shall consider the costs and benefits of the
requirement.
§ 31503. Research, investigation, and testing
(a) GENERAL AUTHORITY.—The Secretary of Transportation may inves-
tigate and report on the need for regulation by the United States Govern-
ment of sizes, weight, and combinations of motor vehicles and qualifications
and maximum hours of service of employees of a motor carrier subject to
subchapter II of chapter 105 of this title and a motor private carrier. The
Secretary shall use the services of each department, agency, or instrumen-
tality of the Government and each organization of motor carriers having
special knowledge of a matter being investigated.
(b) USE OF SERVICES.—In carrying out this chapter, the Secretary may
use the services of a department, agency, or instrumentality of the Govern-
348
ment having special knowledge about safety, to conduct scientific and tech-
nical research, investigation, and testing when necessary to promote safety
of operation and equipment of motor vehicles. The Secretary may reimburse
the department, agency, or instrumentality for the services provided.
§ 31504. Identification of motor vehicles
(a) GENERAL AUTHORITY.—The Secretary of Transportation may—
(1) issue and require the display of an identification plate on a motor
vehicle used in transportation provided by a motor private carrier and
a motor carrier of migrant workers subject to section 31502(c) of this
title, except a motor contract carrier; and
(2) require each of those motor private carriers and motor carriers
of migrant workers to pay the reasonable cost of the plate.
(b) LIMITATION.—A motor private carrier or a motor carrier of migrant
workers may use an identification plate only as authorized by the Secretary.
CHAPTER 
317—PARTICIPATION 
IN 
INTERNATIONAL
REGISTRATION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT
Sec.
31701.
Definitions.
31702.
Working group.
31703.
Grants.
31704.
Vehicle registration.
31705.
Fuel use tax.
31706.
Enforcement.
31707.
Limitations on statutory construction.
31708.
Authorization of appropriations.
§ 31701. Definitions
In this chapter—
(1) ‘‘commercial motor vehicle’’, with respect to—
(A) the International Registration Plan, has the same meaning
given the term ‘‘apportionable vehicle’’ under the Plan; and
(B) the International Fuel Tax Agreement, has the same mean-
ing given the term ‘‘qualified motor vehicle’’ under the Agreement.
(2) ‘‘fuel use tax’’ means a tax imposed on or measured by the con-
sumption of fuel in a motor vehicle.
(3) ‘‘International Fuel Tax Agreement’’ means the interstate agree-
ment on collecting and distributing fuel use taxes paid by motor car-
riers, developed under the auspices of the National Governors’ Associa-
tion.
(4) ‘‘International Registration Plan’’ means the interstate agree-
ment on apportioning vehicle registration fees paid by motor carriers,
developed by the American Association of Motor Vehicle Administra-
tors.
349
(5) ‘‘Regional Fuel Tax Agreement’’ means the interstate agreement
on collecting and distributing fuel use taxes paid by motor carriers in
the States of Maine, Vermont, and New Hampshire.
(6) ‘‘State’’ means the 48 contiguous States and the District of Co-
lumbia.
§ 31702. Working group
(a) ESTABLISHMENT.—The Secretary of Transportation shall establish a
working group of State and local government officials, including representa-
tives of the National Governors’ Association, the American Association of
Motor Vehicle Administrators, the National Conference of State Legisla-
tures, the Federation of Tax Administrators, and the Board of Directors for
the International Fuel Tax Agreement, and a representative of the Regional
Fuel Tax Agreement.
(b) PURPOSES.—The purposes of the working group are—
(1) to propose procedures to resolve disputes among States partici-
pating in the International Registration Plan and among States partici-
pating in the International Fuel Tax Agreement, including designating
the Secretary or any other person to resolve the disputes; and
(2) to provide technical assistance to States participating or seeking
to participate in the Plan or Agreement.
(c) CONSULTATION REQUIREMENT.—In carrying out subsection (b) of
this section, the working group shall consult with members of the motor car-
rier industry.
(d) REPORT.—(1) Not later than December 18, 1993, the working group
shall submit a report to—
(A) the Secretary;
(B) the Committee on Commerce, Science, and Transportation of the
Senate;
(C) the Committee on Public Works and Transportation of the
House of Representatives;
(D) the Committee on the Judiciary of the House of Representatives;
(E) the States participating in the International Registration Plan;
and
(F) the States participating in the International Fuel Tax Agree-
ment.
(2) The report shall contain a detailed statement of the working group’s
findings and conclusions and its joint recommendations about the matters
referred to in subsection (b) of this section. After submitting the report, the
working group periodically may review and modify the findings and conclu-
sions and the joint recommendations as appropriate and submit a report
350
containing the modifications to the Secretary and the committees specified
in paragraph (1) of this subsection.
(e) RELATIONSHIP TO OTHER LAWS.—The Federal Advisory Committee
Act (5 App. U.S.C.) does not apply to the working group.
§ 31703. Grants
(a) GENERAL AUTHORITY.—The Secretary of Transportation may make
grants to States and appropriate persons to facilitate participation in the
International Registration Plan and the International Fuel Tax Agreement
and to make administrative improvements in any other base State fuel use
tax agreement in existence as of January 1, 1991. A grant may include
amounts for technical assistance, personnel training, travel costs, and tech-
nology and equipment associated with the participation.
(b) CONTRACTUAL OBLIGATION.—Approval by the Secretary of a grant
with amounts made available under this section is a contractual obligation
of the United States Government for payment of the Government’s share
of the grant.
§ 31704. Vehicle registration
After September 30, 1996, a State that is not participating in the Inter-
national Registration Plan may not establish, maintain, or enforce a com-
mercial motor vehicle registration law, regulation, or agreement that limits
the operation in that State of a commercial motor vehicle that is not reg-
istered under the laws of the State, if the vehicle is registered under the
laws of a State participating in the Plan.
§ 31705. Fuel use tax
(a) REPORTING REQUIREMENTS.—After September 30, 1996, a State
may establish, maintain, or enforce a law or regulation that has a fuel use
tax reporting requirement (including any tax reporting form) only if the re-
quirement conforms with the International Fuel Tax Agreement.
(b) PAYMENT.—After September 30, 1996, a State may establish, main-
tain, or enforce a law or regulation that provides for the payment of a fuel
use tax only if the law or regulation conforms with the International Fuel
Tax Agreement as it applies to collection of a fuel use tax by a single base
State and proportional sharing of fuel use taxes charged among the States
where a commercial motor vehicle is operated.
(c) LIMITATION.—If the International Fuel Tax Agreement is amended,
a State not participating in the Agreement when the amendment is made
is not subject to the conformity requirements of subsections (a) and (b) of
this section in regard to the amendment until after a reasonable time, but
not earlier than the expiration of—
351
(1) the 365-day period beginning on the first day that States partici-
pating in the Agreement are required to comply with the amendment;
or
(2) the 365-day period beginning on the day the relevant office of
the State receives written notice of the amendment from the Secretary
of Transportation.
(d) NONAPPLICATION.—This section does not apply to a State that was
participating in the Regional Fuel Tax Agreement on January 1, 1991, and
that continues to participate in that Agreement after that date.
§ 31706. Enforcement
(a) CIVIL ACTIONS.—On request of the Secretary of Transportation, the
Attorney General may bring a civil action in a court of competent jurisdic-
tion to enforce compliance with sections 31704 and 31705 of this title.
(b) VENUE.—An action under this section may be brought only in the
State in which an order is required to enforce compliance.
(c) RELIEF.—Subject to section 1341 of title 28, the court, on a proper
showing—
(1) shall issue a temporary restraining order or a preliminary or per-
manent injunction; and
(2) may require by the injunction that the State or any person com-
ply with sections 31704 and 31705 of this title.
§ 31707. Limitations on statutory construction
Sections 31704 and 31705 of this title do not limit the amount of money
a State may charge for registration of a commercial motor vehicle or the
amount of any fuel use tax a State may impose.
§ 31708. Authorization of appropriations
(a) GENERAL.—From amounts made available under section 31104 of
this title, the Secretary of Transportation shall provide the following
amounts for each of the fiscal years ending September 30, 1993-1997:
(1) $1,000,000 for activities of the working group under section
31702 of this title.
(2) $5,000,000 for grants under section 31703 of this title.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
PART C—INFORMATION, STANDARDS, AND
REQUIREMENTS
CHAPTER 321—GENERAL
Sec.
32101.
Definitions.
32102.
Authorization of appropriations.
§ 32101. Definitions
In this part (except section 32304 and chapter 329)—
352
(1) ‘‘bumper standard’’ means a minimum performance standard
that substantially reduces—
(A) the damage to the front or rear end of a passenger motor
vehicle from a low-speed collision (including a collision with a fixed
barrier) or from towing the vehicle; or
(B) the cost of repairing the damage.
(2) ‘‘insurer’’ means a person in the business of issuing, or reinsur-
ing any part of, a passenger motor vehicle insurance policy.
(3) ‘‘interstate commerce’’ means commerce between a place in a
State and—
(A) a place in another State; or
(B) another place in the same State through another State.
(4) ‘‘make’’, when describing a passenger motor vehicle, means the
trade name of the manufacturer of the vehicle.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling passenger motor vehicles or
passenger motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equipment for re-
sale.
(6) ‘‘model’’, when describing a passenger motor vehicle, means a
category of passenger motor vehicles based on the size, style, and type
of a make of vehicle.
(7) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical
power and manufactured primarily for use on public streets, roads, and
highways, but does not include a vehicle operated only on a rail line.
(8) ‘‘motor vehicle accident’’ means an accident resulting from the
maintenance or operation of a passenger motor vehicle or passenger
motor vehicle equipment.
(9) ‘‘multipurpose passenger vehicle’’ means a passenger motor vehi-
cle constructed on a truck chassis or with special features for occa-
sional off-road operation.
(10) ‘‘passenger motor vehicle’’ means a motor vehicle with motive
power designed to carry not more than 12 individuals, but does not in-
clude—
(A) a motorcycle; or
(B) a truck not designed primarily to carry its operator or pas-
sengers.
(11) ‘‘passenger motor vehicle equipment’’ means—
(A) a system, part, or component of a passenger motor vehicle
as originally made;
353
(B) a similar part or component made or sold for replacement
or improvement of a system, part, or component, or as an acces-
sory or addition to a passenger motor vehicle; or
(C) a device made or sold for use in towing a passenger motor
vehicle.
(12) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
(13) ‘‘United States district court’’ means a district court of the
United States, a United States court for Guam, the Virgin Islands, and
American Samoa, and the district court for the Northern Mariana Is-
lands.
§ 32102. Authorization of appropriations
The following amounts may be appropriated to the Secretary of Transpor-
tation for the National Highway Traffic Safety Administration to carry out
this part:
(1) $6,731,430 for the fiscal year ending September 30, 1993.
(2) $6,987,224 for the fiscal year ending September 30, 1994.
(3) $7,252,739 for the fiscal year ending September 30, 1995.
CHAPTER 323—CONSUMER INFORMATION
Sec.
32301.
Definitions.
32302.
Passenger motor vehicle information.
32303.
Insurance information.
32304.
Passenger motor vehicle country of origin labeling.
32305.
Information and assistance from other departments, agencies, and instrumentalities.
32306.
Personnel.
32307.
Investigative powers.
32308.
General prohibitions, civil penalty, and enforcement.
32309.
Criminal penalty for labeling violations.
§ 32301. Definitions
In this chapter—
(1) ‘‘crashworthiness’’ means the protection a passenger motor vehi-
cle gives its passengers against personal injury or death from a motor
vehicle accident.
(2) ‘‘damage susceptibility’’ means the susceptibility of a passenger
motor vehicle to damage in a motor vehicle accident.
§ 32302. Passenger motor vehicle information
(a) INFORMATION PROGRAM.—The Secretary of Transportation shall
maintain a program for developing the following information on passenger
motor vehicles:
(1) damage susceptibility.
(2) crashworthiness.
(3) the degree of difficulty of diagnosis and repair of damage to, or
failure of, mechanical and electrical systems.
354
(4) vehicle operating costs dependent on the characteristics referred
to in clauses (1)–(3) of this subsection, including insurance information
obtained under section 32303 of this title.
(b) MOTOR VEHICLE INFORMATION.—To assist a consumer in buying a
passenger motor vehicle, the Secretary shall provide to the public informa-
tion developed under subsection (a) of this section. The information shall
be in a simple and understandable form that allows comparison of the char-
acteristics referred to in subsection (a)(1)–(3) of this section among the
makes and models of passenger motor vehicles. The Secretary may require
passenger motor vehicle dealers to distribute the information to prospective
buyers.
(c) INSURANCE COST INFORMATION.—The Secretary shall prescribe regu-
lations that require passenger motor vehicle dealers to distribute to prospec-
tive buyers information the Secretary develops and provides to the dealers
that compares insurance costs for different makes and models of passenger
motor vehicles based on damage susceptibility and crashworthiness.
§ 32303. Insurance information
(a) GENERAL REPORTS AND INFORMATION REQUIREMENTS.—(1) In car-
rying out this chapter, the Secretary of Transportation may require an in-
surer, or a designated agent of the insurer, to make reports and provide
the Secretary with information. The reports and information may include
accident claim information by make, model, and model year of passenger
motor vehicle about the kind and extent of—
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided under
this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports and in-
formation;
(B) consider the extent to which the reports and information will
contribute to carrying out this chapter; and
(C) consult with State authorities and public and private agencies
the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports and informa-
tion under this subsection on a voluntary basis.
(b) REQUESTED INFORMATION ON CRASHWORTHINESS, DAMAGE SUS-
CEPTIBILITY, AND REPAIR AND PERSONAL INJURY COST.—When requested
by the Secretary, an insurer shall give the Secretary information—
(1) about the extent to which the insurance premiums charged by
the insurer are affected by damage susceptibility, crashworthiness, and
355
the cost of repair and personal injury, for each make and model of pas-
senger motor vehicle; and
(2) available to the insurer about the effect of damage susceptibility,
crashworthiness, and the cost of repair and personal injury for each
make and model of passenger motor vehicle on the risk incurred by the
insurer in insuring that make and model.
(c) DISCLOSURE.—In distributing information received under this section,
the Secretary may disclose identifying information about a person that may
be an insured, a claimant, a passenger, an owner, a witness, or an individual
involved in a motor vehicle accident, only with the consent of the person.
§ 32304. Passenger motor vehicle country of origin labeling
(a) DEFINITIONS.—In this section—
(1) ‘‘allied supplier’’ means a supplier of passenger motor vehicle
equipment that is wholly owned by the manufacturer, or if a joint ven-
ture vehicle assembly arrangement, a supplier that is wholly owned by
one member of the joint venture arrangement.
(2)(A) ‘‘carline’’—
(i) means a name given a group of passenger motor vehicles
that has a degree of commonality in construction such as body and
chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished
by characteristics such as roof line, number of doors, seats, or
windows; and
(B) light duty trucks are different carlines than passenger motor ve-
hicles.
(3) ‘‘country of origin’’, when referring to the origin of an engine
or transmission, means the country from which the largest share of the
dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate
countries; and
(B) the estimate of the percentage of the dollar value shall be
based on the purchase price of direct materials, as received at in-
dividual engine or transmission plants, of engines of the same dis-
placement and transmissions of the same transmission type.
(4) ‘‘dealer’’ means a person residing or located in the United
States, including the District of Columbia or a territory or possession
of the United States, and engaged in selling or distributing new pas-
senger motor vehicles to the ultimate purchaser.
(5) ‘‘final assembly place’’ means the plant, factory, or other place
at which a new passenger motor vehicle is produced or assembled by
356
a manufacturer, and from which the vehicle is delivered to a dealer or
importer with all component parts necessary for the mechanical oper-
ation of the vehicle included with the vehicle, whether or not the com-
ponent parts are permanently installed in or on the vehicle.
(6) ‘‘foreign content’’ means passenger motor vehicle equipment that
is not of United States/Canadian origin.
(7) ‘‘manufacturer’’ means a person—
(A) engaged in manufacturing or assembling new passenger
motor vehicles;
(B) importing new passenger motor vehicles for resale; or
(C) acting for and under the control of such a manufacturer,
assembler, or importer in connection with the distribution of new
passenger motor vehicles.
(8) ‘‘new passenger motor vehicle’’ means a passenger motor vehicle
for which a manufacturer, distributor, or dealer has never transferred
the equitable or legal title to the vehicle to an ultimate purchaser.
(9) ‘‘of United States/Canadian origin’’, when referring to passenger
motor vehicle equipment, means—
(A) for an outside supplier, passenger motor vehicle equipment
whose purchase price contains at least 70 percent value added in
the United States and Canada; and
(B) for an allied supplier, that part of the individual passenger
motor vehicle equipment whose purchase price the manufacturer
determines remains after subtracting the total of the purchase
prices of all material of foreign content purchased from outside
suppliers, with the determination of the United States/Canadian
origin or of the foreign content from outside suppliers being con-
sistent with subclause (A) of this clause.
(10) ‘‘outside supplier’’ means a supplier of passenger motor vehicle
equipment to a manufacturer’s allied supplier, or a person other than
an allied supplier, who ships directly to the manufacturer’s final assem-
bly place.
(11) ‘‘passenger motor vehicle’’ means a motor vehicle with motive
power, manufactured primarily for use on public streets, roads, and
highways, and designed to carry not more than 12 individuals—
(A) including a multipurpose vehicle or light duty truck when
the vehicle or truck is rated at not more than 8,500 pounds gross
vehicle weight; but
(B) not including—
(i) a motorcycle;
357
(ii) a truck not designed primarily to carry its operator or
passengers; or
(iii) a vehicle operated only on a rail line.
(12) ‘‘passenger motor vehicle equipment’’—
(A) means a system, subassembly, or component received at the
final vehicle assembly place for installation on, or attachment to,
a passenger motor vehicle at the time of its first shipment by the
manufacturer to a dealer for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts, clips,
screws, pins, braces, and other attachment hardware) and other
similar items the Secretary of Transportation may prescribe by
regulation after consulting with manufacturers and labor.
(13) ‘‘percentage (by value)’’, when referring to passenger motor ve-
hicle equipment of United States/Canadian origin, means the percent-
age remaining after subtracting the percentage (by value) of passenger
motor vehicle equipment that is not of United States/Canadian origin
that will be installed or included on those vehicles produced in a car-
line, from 100 percent—
(A) with value being expressed in terms of the purchase price;
and
(B) for outside suppliers and allied suppliers, the value used is
the purchase price of the equipment paid at the final assembly
place.
(14) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, Guam, the Canal Zone, American Samoa, and the
Virgin Islands.
(15) ‘‘value added in the United States and Canada’’ means a per-
centage determined by subtracting the total purchase price of foreign
content from the total purchase price, and dividing the remainder by
the total purchase price, excluding costs incurred or profits made at
the final assembly place and beyond (including advertising, assembly,
labor, interest payments, and profits), with the following groupings
being used:
(A) engines of same displacement produced at the same plant.
(B) transmissions of the same type produced at the same plant.
(b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of a new
passenger motor vehicle manufactured after September 30, 1994, and dis-
tributed in commerce for sale in the United States, shall establish each year
for each model year and cause to be attached in a prominent place on each
of those vehicles, at least one label. The label shall contain the following
information:
358
(A) the percentage (by value) of passenger motor vehicle equipment
of United States/Canadian origin installed on vehicles in the carline to
which that vehicle belongs, identified by the words ‘‘U.S./Canadian con-
tent’’.
(B) the final assembly place for that vehicle by city, State (where
appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed on pas-
senger motor vehicles in a carline originated in any country other than
the United States and Canada, the names of at least the 2 countries
in which the greatest amount (by value) of that equipment originated
and the percentage (by value) of the equipment originating in each
country.
(D) the country of origin of the engine and the transmission for each
vehicle.
(2) At the beginning of each model year, each manufacturer shall estab-
lish the percentages required for each carline to be indicated on the label
under this subsection. Those percentages are applicable to that carline for
the entire model year. A manufacturer may round those percentages to the
nearest 5 percent.
(3) A manufacturer complying with the requirement of paragraph (1)(B)
of this subsection satisfies the disclosure requirement of section 3(b) of the
Automobile Information Disclosure Act (15 U.S.C. 1232(b)).
(c) DEALER REQUIREMENT.—Each dealer engaged in the sale or dis-
tribution of a new passenger motor vehicle manufactured after September
30, 1994, shall cause to be maintained on that vehicle the label required
to be attached to that vehicle under subsection (b) of this section.
(d) FORM AND CONTENT OF LABEL.—The Secretary of Transportation
shall prescribe by regulation the form and content of the label required
under subsection (b) of this section and the manner and location in which
the label is attached. The Secretary shall permit a manufacturer to comply
with this section by allowing the manufacturer to disclose the information
required under subsection (b)(1) on the label required by section 3 of the
Automobile Information Disclosure Act (15 U.S.C. 1232), on the label re-
quired by section 32908 of this title, or on a separate label that is readily
visible.
(e) REGULATIONS.—In consultation with the Secretaries of Commerce
and the Treasury, the Secretary of Transportation shall prescribe regula-
tions necessary to carry out this section, including regulations establishing
a procedure to verify the label information required under subsection (b)(1)
of this section. Those regulations shall provide the ultimate purchaser of a
new passenger motor vehicle with the best and most understandable infor-
359
mation possible about the foreign content and United States/Canadian ori-
gin of the equipment of the vehicles without imposing costly and unneces-
sary burdens on the manufacturers. The Secretary of Transportation shall
prescribe the regulations promptly to provide adequate lead time for each
manufacturer to comply with this section. The regulations shall include pro-
visions applicable to outside suppliers and allied suppliers to require those
suppliers to certify whether passenger motor vehicle equipment provided by
those suppliers is of United States origin, of United States/Canadian origin,
or of foreign content and to provide other information the Secretary of
Transportation decides is necessary to allow each manufacturer to comply
reasonably with this section and to rely on that certification and informa-
tion.
(f) PREEMPTION.—(1) When a label content requirement prescribed
under this section is in effect, a State or a political subdivision of a State
may not adopt or enforce a law or regulation related to the content of vehi-
cles covered by a requirement under this section.
(2) A State or a political subdivision of a State may prescribe require-
ments related to the content of passenger motor vehicles obtained for its
own use.
§ 32305. Information and assistance from other depart-
ments, agencies, and instrumentalities
(a) AUTHORITY TO REQUEST.—The Secretary of Transportation may re-
quest information necessary to carry out this chapter from a department,
agency, or instrumentality of the United States Government. The head of
the department, agency, or instrumentality shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency, or in-
strumentality may detail, on a reimbursable basis, personnel to assist the
Secretary in carrying out this chapter.
§ 32306. Personnel
(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary
of Transportation may—
(1) appoint and fix the pay of employees without regard to the provi-
sions of title 5 governing appointment in the competitive service and
chapter 51 and subchapter III of chapter 53 of title 5; and
(2) make contracts with persons for research and preparation of re-
ports.
(b) STATUS OF ADVISORY COMMITTEE MEMBERS.—A member of an ad-
visory committee appointed under section 325 of this title to carry out this
chapter is a special United States Government employee under chapter 11
of title 18.
360
§ 32307. Investigative powers
(a) GENERAL AUTHORITY.—In carrying out this chapter, the Secretary
of Transportation may—
(1) inspect and copy records of any person at reasonable times;
(2) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(3) 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.
(b) WITNESS FEES AND MILEAGE.—A witness summoned under sub-
section (a) of this section is entitled to the same fee and mileage the witness
would have been paid in a court of the United States.
(c) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena or
order of the Secretary under subsection (a) of this section may be brought
in the United States district court for the judicial district in which the pro-
ceeding by the Secretary is conducted. The court may punish a failure to
obey an order of the court to comply with the subpena or order of the Sec-
retary as a contempt of court.
(d) CONFIDENTIALITY OF INFORMATION.—Information obtained by the
Secretary under this section related to a confidential matter referred to in
section 1905 of title 18 may be disclosed only to another officer or employee
of the United States Government for use in carrying out this chapter. This
subsection does not authorize information to be withheld from a committee
of Congress authorized to have the information.
§ 32308. General prohibitions, civil penalty, and enforce-
ment
(a) PROHIBITIONS.—A person may not—
(1) fail to provide the Secretary of Transportation with information
requested by the Secretary in carrying out this chapter; or
(2) fail to comply with applicable regulations prescribed by the Sec-
retary in carrying out this chapter.
(b) CIVIL PENALTY.—(1) A person that violates subsection (a) of this
section is liable to the United States Government for a civil penalty of not
more than $1,000 for each violation. Each failure to provide information or
comply with a regulation in violation of subsection (a) is a separate viola-
tion. The maximum penalty under this subsection for a related series of vio-
lations is $400,000.
(2) The Secretary may compromise the amount of a civil penalty imposed
under this section.
361
(3) In determining the amount of a penalty or compromise, the appro-
priateness of the penalty or compromise to the size of the business of the
person charged and the gravity of the violation shall be considered.
(4) 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) CIVIL ACTIONS TO ENFORCE.—(1) The Attorney General may bring
a civil action in a United States district court to enjoin a violation of sub-
section (a) of this section.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection
is planned;
(B) give the person an opportunity to present that person’s views;
and
(C) give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this sub-
section does not prevent a court from granting appropriate relief.
(d) VENUE AND SERVICE.—A civil action under this section may be
brought in the judicial district in which the violation occurred or the defend-
ant 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. A
subpena for a witness in the action may be served in any judicial district.
§ 32309. Criminal penalty for labeling violations
(a) DEFINITIONS.—The definitions in section 32304 of this title apply to
this section.
(b) PENALTIES.—A manufacturer of a passenger motor vehicle distrib-
uted in commerce for sale in the United States that willfully fails to attach
the label required under section 32304 of this title to a new passenger
motor vehicle that the manufacturer manufactures or imports, or a dealer
that fails to maintain that label as required under section 32304, is liable
to the United States Government for a civil penalty of not more than
$1,000 for each violation. Each failure to attach or maintain that label for
each vehicle is a separate violation.
CHAPTER 325—BUMPER STANDARDS
Sec.
32501.
Purpose.
32502.
Bumper standards.
32503.
Judicial review of bumper standards.
32504.
Certificates of compliance.
32505.
Information and compliance requirements.
32506.
Prohibited acts.
32507.
Penalties and enforcement.
32508.
Civil actions by owners of passenger motor vehicles.
32509.
Information and assistance from other departments, agencies, and instrumentalities.
32510.
Annual report.
362
32511.
Relationship to other motor vehicle standards.
§ 32501. Purpose
The purpose of this chapter is to reduce economic loss resulting from
damage to passenger motor vehicles involved in motor vehicle accidents by
providing for the maintenance and enforcement of bumper standards.
§ 32502. Bumper standards
(a) GENERAL REQUIREMENTS AND NONAPPLICATION.—The Secretary of
Transportation shall prescribe by regulation bumper standards for pas-
senger motor vehicles and may prescribe by regulation bumper standards for
passenger motor vehicle equipment manufactured in, or imported into, the
United States. A standard does not apply to a passenger motor vehicle or
passenger motor vehicle equipment—
(1) intended only for export;
(2) labeled for export on the vehicle or equipment and the outside
of any container of the vehicle or equipment; and
(3) exported.
(b) LIMITATIONS.—A standard under this section—
(1) may not conflict with a motor vehicle safety standard prescribed
under chapter 301 of this title;
(2) may not specify a dollar amount for the cost of repairing damage
to a passenger motor vehicle; and
(3) to the greatest practicable extent, may not preclude the attach-
ment of a detachable hitch.
(c) EXEMPTIONS.—For good cause, the Secretary may exempt from any
part of a standard—
(1) a multipurpose passenger vehicle; or
(2) a make, model, or class of a passenger motor vehicle manufac-
tured for a special use, if the standard would interfere unreasonably
with the special use of the vehicle.
(d) COST
REDUCTION
AND
CONSIDERATIONS.—When prescribing a
standard under this section, the Secretary shall design the standard to ob-
tain the maximum feasible reduction of costs to the public, considering—
(1) the costs and benefits of carrying out the standard;
(2) the effect of the standard on insurance costs and legal fees and
costs;
(3) savings in consumer time and inconvenience; and
(4) health and safety, including emission standards.
(e) PROCEDURES.—Section 553 of title 5 applies to a standard prescribed
under this section. However, the Secretary shall give an interested person
an opportunity to make oral and written presentations of information, views,
and arguments. A transcript of each oral presentation shall be kept. Under
363
conditions prescribed by the Secretary, the Secretary may conduct a hearing
to resolve an issue of fact material to a standard.
(f) EFFECTIVE DATE.—The Secretary shall prescribe an effective date for
a standard under this section. That date may not be earlier than the date
the standard is prescribed nor later than 18 months after the date the
standard is prescribed. However, the Secretary may prescribe a later date
when the Secretary submits to Congress and publishes the reasons for the
later date. A standard only applies to a passenger motor vehicle or pas-
senger motor vehicle equipment manufactured on or after the effective date.
(g) RESEARCH.—The Secretary shall conduct research necessary to carry
out this chapter.
§ 32503. Judicial review of bumper standards
(a) FILING AND VENUE.—A person that may be adversely affected by a
standard prescribed under section 32502 of this title may apply for review
of the standard by filing a petition for review in the United States Court
of Appeals for the District of Columbia Circuit or 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 standard is prescribed.
(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
standard 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 the additional evidence is material and
there were reasonable grounds for not presenting the evidence in the pro-
ceeding 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 a standard,
and the additional evidence with the court.
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg-
ment of a court under this section may be reviewed only by the Supreme
Court under section 1254 of title 28. A remedy under this section is in addi-
tion to any other remedies provided by law.
§ 32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transportation, a manu-
facturer or distributor of a passenger motor vehicle or passenger motor vehi-
cle equipment subject to a standard prescribed under section 32502 this
364
title shall give the distributor or dealer at the time of delivery a certificate
that the vehicle or equipment complies with the standard.
§ 32505. Information and compliance requirements
(a) GENERAL AUTHORITY.—(1) To enable the Secretary of Transpor-
tation to decide whether a manufacturer of passenger motor vehicles or pas-
senger motor vehicle equipment is complying with this chapter and stand-
ards prescribed under this chapter, the Secretary may require the manufac-
turer to—
(A) keep records;
(B) make reports;
(C) provide items and information, including vehicles and equipment
for testing at a negotiated price not more than the manufacturer’s cost;
and
(D) allow an officer or employee designated by the Secretary to in-
spect vehicles and relevant records of the manufacturer.
(2) To enforce this chapter, an officer or employee designated by the Sec-
retary, on presenting appropriate credentials and a written notice to the
owner, operator, or agent in charge, may inspect a facility in which pas-
senger motor vehicles or passenger motor vehicle equipment is manufac-
tured, held for introduction in interstate commerce, or held for sale after
introduction in interstate commerce. An inspection shall be conducted at a
reasonable time, in a reasonable way, and with reasonable promptness.
(b) POWERS OF SECRETARY AND CIVIL ACTIONS TO ENFORCE.—(1) In
carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) 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.
(3) A civil action to enforce a subpena or order of the Secretary under
this subsection may be brought in the United States district court for the
judicial district in which the proceeding by the Secretary was conducted.
The court may punish a failure to obey an order of the court to comply
with the subpena or order of the Secretary as a contempt of court.
(c) CONFIDENTIALITY OF INFORMATION.—(1) Information obtained by
the Secretary under this chapter related to a confidential matter referred
to in section 1905 of title 18 may be disclosed only—
365
(A) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(B) in a proceeding under this chapter.
(2) This subsection does not authorize information to be withheld from
a committee of Congress authorized to have the information.
(3) Subject to paragraph (1) of this subsection, the Secretary, on request,
shall make available to the public at cost information the Secretary submits
or receives in carrying out this chapter.
§ 32506. Prohibited acts
(a) GENERAL.—Except as provided in this section, a person may not—
(1) manufacture for sale, sell, offer for sale, introduce or deliver for
introduction in interstate commerce, or import into the United States,
a passenger motor vehicle or passenger motor vehicle equipment manu-
factured on or after the date an applicable standard under section
32502 of this title takes effect, unless it conforms to the standard;
(2) fail to comply with an applicable regulation prescribed by the
Secretary of Transportation under this chapter;
(3) fail to keep records, refuse access to or copying of records, fail
to make reports or provide items or information, or fail or refuse to
allow entry or inspection, as required by this chapter or a regulation
prescribed under this chapter; or
(4) fail to provide the certificate required by section 32504 of this
title, or provide a certificate that the person knows, or in the exercise
of reasonable care has reason to know, is false or misleading in a mate-
rial respect.
(b) NONAPPLICATION.—Subsection (a)(1) of this section does not apply
to—
(1) the sale, offer for sale, or introduction or delivery for introduc-
tion in interstate commerce of a passenger motor vehicle or passenger
motor vehicle equipment after the first purchase of the vehicle or equip-
ment in good faith other than for resale (but this clause does not pro-
hibit a standard from requiring that a vehicle or equipment be manu-
factured to comply with the standard over a specified period of oper-
ation or use); or
(2) a person—
(A) establishing that the person had no reason to know, by exer-
cising reasonable care, that the vehicle or equipment does not com-
ply with the standard; or
(B) holding, without knowing about a noncompliance and before
that first purchase, a certificate issued under section 32504 of this
366
title stating that the vehicle or equipment complies with the stand-
ard.
(c) IMPORTING NONCOMPLYING VEHICLES AND EQUIPMENT.—(1) The
Secretaries of Transportation and the Treasury may prescribe joint regula-
tions authorizing a passenger motor vehicle or passenger motor vehicle
equipment not complying with a standard prescribed under section 32502
of this title to be imported into the United States subject to conditions (in-
cluding providing a bond) the Secretaries consider appropriate to ensure
that the vehicle or equipment will—
(A) comply, after importation, with the standards prescribed under
section 32502 of this title;
(B) be exported; or
(C) be abandoned to the United States Government.
(2) The Secretaries may prescribe joint regulations that allow a passenger
motor vehicle or passenger motor vehicle equipment to be imported into the
United States after the first purchase in good faith other than for resale.
(d) LIABILITY UNDER OTHER LAW.—Compliance with a standard under
this chapter does not exempt a person from liability provided by law.
§ 32507. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates section 32506(a) of this
title 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
passenger motor vehicle or item of passenger motor vehicle equipment in-
volved in a violation of section 32506(a)(1) or (4) of this title—
(A) that does not comply with a standard prescribed under section
32502 of this title; or
(B) for which a certificate is not provided, or for which a false or
misleading certificate is provided, under section 32504 of this title.
(2) The maximum civil penalty under this subsection for a related series
of violations is $800,000.
(3) The Secretary of Transportation imposes a civil penalty under this
subsection. The Attorney General or the Secretary, with the concurrence of
the Attorney General, shall bring a civil action in a United States district
court to collect the penalty.
(b) CRIMINAL PENALTY.—A person knowingly and willfully violating sec-
tion 32506(a)(1) of this title after receiving a notice of noncompliance from
the Secretary shall be fined under title 18, imprisoned for not more than
one year, or both. If the person is a corporation, the penalties of this sub-
section also apply to a director, officer, or individual agent of the corpora-
tion who, with knowledge of the Secretary’s notice, knowingly and willfully
authorizes, orders, or performs an act that is any part of the violation.
367
(c) CIVIL ACTIONS TO ENFORCE.—(1) The Secretary or the Attorney
General may bring a civil action in a United States district court to enjoin
a violation of this chapter or the sale, offer for sale, introduction or delivery
for introduction in interstate commerce, or importation into the United
States, of a passenger motor vehicle or passenger motor vehicle equipment
that is found, before the first purchase in good faith other than for resale,
not to comply with a standard prescribed under section 32502 of this title.
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection
is planned;
(B) give the person an opportunity to present that person’s views;
and
(C) except for a knowing and willful violation, give the person a rea-
sonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this sub-
section does not prevent a court from granting appropriate relief.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction or restraining order issued under subsection (c) 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) VENUE.—A civil action under subsection (a) or (c) of this section may
be brought in the judicial district in which the violation occurred or the de-
fendant 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. A subpena for a witness in the action may be served in any judicial
district.
§ 32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages as a result
of a motor vehicle accident because the vehicle did not comply with a stand-
ard prescribed under section 32502 of this title, the owner may bring a civil
action against the manufacturer to recover the damages. The action may
be brought in the United States District Court for the District of Columbia
or in the United States district court for the judicial district in which the
owner resides. The action must be brought not later than 3 years after the
date of the accident. The court shall award costs and a reasonable attor-
ney’s fee to the owner when a judgment is entered for the owner.
§ 32509. Information and assistance from other depart-
ments, agencies, and instrumentalities
(a) GENERAL AUTHORITY.—The Secretary of Transportation may re-
quest information necessary to carry out this chapter from a department,
368
agency, or instrumentality of the United States Government. The head of
the department, agency, or instrumentality shall provide the information.
(b) DETAILING PERSONNEL.—The head of a department, agency, or in-
strumentality may detail, on a reimbursable basis, personnel to assist the
Secretary in carrying out this chapter.
§ 32510. Annual report
Not later than March 31 of each year, the Secretary of Transportation
shall submit to Congress and the President a report on the progress in car-
rying out section 32501 of this title. The report shall include—
(1) a statement of the cost savings resulting from carrying out this
chapter; and
(2) recommendations for legislative or other action the Secretary de-
cides may be appropriate.
§ 32511. Relationship to other motor vehicle standards
(a) PREEMPTION.—Except as provided in this section, a State or a politi-
cal subdivision of a State may prescribe or enforce a bumper standard for
a passenger motor vehicle or passenger motor vehicle equipment only if the
standard is identical to a standard prescribed under section 32502 of this
title.
(b) ENFORCEMENT.—This chapter and chapter 301 of this title do not
affect the authority of a State to enforce a bumper standard about an as-
pect of performance of a passenger motor vehicle or passenger motor vehicle
equipment not covered by a standard prescribed under section 32502 of this
title if the State bumper standard—
(1) does not conflict with a standard prescribed under chapter 301
of this title; and
(2) was in effect or prescribed by the State on October 20, 1972.
(c) ADDITIONAL
AND HIGHER STANDARDS
OF PERFORMANCE.—The
United States Government, a State, or a political subdivision of a State may
prescribe a bumper standard for a passenger motor vehicle or passenger
motor vehicle equipment obtained for its own use that imposes additional
or higher standards of performance than a standard prescribed under sec-
tion 32502 of this title.
CHAPTER 327—ODOMETERS
Sec.
32701.
Findings and purposes.
32702.
Definitions.
32703.
Preventing tampering.
32704.
Service, repair, and replacement.
32705.
Disclosure requirements on transfer of motor vehicles.
32706.
Inspections, investigations, and records.
32707.
Administrative warrants.
32708.
Confidentiality of information.
32709.
Penalties and enforcement.
32710.
Civil actions by private persons.
369
32711.
Relationship to State law.
§ 32701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) buyers of motor vehicles rely heavily on the odometer reading as
an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading as an accu-
rate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer in deciding
on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign com-
merce.
(b) PURPOSES.—The purposes of this chapter are—
(1) to prohibit tampering with motor vehicle odometers; and
(2) to provide safeguards to protect purchasers in the sale of motor
vehicles with altered or reset odometers.
§ 32702. Definitions
In this chapter—
(1) ‘‘auction company’’ means a person taking possession of a motor
vehicle owned by another to sell at an auction.
(2) ‘‘dealer’’ means a person that sold at least 5 motor vehicles dur-
ing the prior 12 months to buyers that in good faith bought the vehi-
cles other than for resale.
(3) ‘‘distributor’’ means a person that sold at least 5 motor vehicles
during the prior 12 months for resale.
(4) ‘‘leased motor vehicle’’ means a motor vehicle leased to a person
for at least 4 months by a lessor that leased at least 5 vehicles during
the prior 12 months.
(5) ‘‘odometer’’ means an instrument for measuring and recording
the distance a motor vehicle is driven, but does not include an auxiliary
instrument designed to be reset by the operator of the vehicle to record
mileage of a trip.
(6) ‘‘repair’’ and ‘‘replace’’ mean to restore to a sound working con-
dition by replacing any part of an odometer or by correcting any inop-
erative part of an odometer.
(7) ‘‘title’’ means the certificate of title or other document issued by
the State indicating ownership.
(8) ‘‘transfer’’ means to change ownership by sale, gift, or other
means.
§ 32703. Preventing tampering
A person may not—
370
(1) advertise for sale, sell, use, install, or have installed, a device that
makes an odometer of a motor vehicle register a mileage different from
the mileage the vehicle was driven, as registered by the odometer within
the designed tolerance of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or altered,
an odometer of a motor vehicle intending to change the mileage reg-
istered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a public street,
road, or highway if the person knows that the odometer of the vehicle
is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705 of this
title.
§ 32704. Service, repair, and replacement
(a) ADJUSTING MILEAGE.—A person may service, repair, or replace an
odometer of a motor vehicle if the mileage registered by the odometer re-
mains the same as before the service, repair, or replacement. If the mileage
cannot remain the same—
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach a
written notice to the left door frame of the vehicle specifying the mile-
age before the service, repair, or replacement and the date of the serv-
ice, repair, or replacement.
(b) REMOVING OR ALTERING NOTICE.—A person may not, with intent to
defraud, remove or alter a notice attached to a motor vehicle as required
by this section.
§ 32705. Disclosure requirements on transfer of motor vehi-
cles
(a) WRITTEN DISCLOSURE REQUIREMENTS.—(1) Under regulations pre-
scribed by the Secretary of Transportation, a person transferring ownership
of a motor vehicle shall give the transferee a written disclosure—
(A) of the cumulative mileage registered by the odometer; or
(B) that the mileage is unknown if the transferor knows that the
mileage registered by the odometer is incorrect.
(2) A person making a written disclosure required by a regulation pre-
scribed under paragraph (1) of this subsection may not make a false state-
ment in the disclosure.
(3) A person acquiring a motor vehicle for resale may accept a disclosure
under this section only if it is complete.
(4) The regulations prescribed by the Secretary shall provide the way in
which information is disclosed and retained under this section.
371
(b) MILEAGE STATEMENT REQUIREMENT FOR LICENSING.—(1) A motor
vehicle the ownership of which is transferred may not be licensed for use
in a State unless the transferee, in submitting an application to a State for
the title on which the license will be issued, includes with the application
the transferor’s title and, if that title contains the space referred to in para-
graph (3)(A)(iii) of this subsection, a statement, signed and dated by the
transferor, of the mileage disclosure required under subsection (a) of this
section. This paragraph does not apply to a transfer of ownership of a
motor vehicle that has not been licensed before the transfer.
(2)(A) Under regulations prescribed by the Secretary, if the title to a
motor vehicle issued to a transferor by a State is in the possession of a
lienholder when the transferor transfers ownership of the vehicle, the trans-
feror may use a written power of attorney (if allowed by State law) in mak-
ing the mileage disclosure required under subsection (a) of this section. Reg-
ulations prescribed under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a secure
printing process (or other secure process);
(iii) shall provide that the State issue the form to the transferee;
(iv) shall provide that the person exercising the power of attorney
retain a copy and submit the original to the State with a copy of the
title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and the
copy of the title for an appropriate period or that the State adopt alter-
native measures consistent with section 32701(b) of this title, after
considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be disclosed
on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the person
exercising the power of attorney in the space referred to in paragraph
(3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the State in
which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial trans-
actions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers appro-
priate.
(B) Section 32709(a) and (b) applies to a person granting or granted a
power of attorney under this paragraph.
372
(3)(A) A motor vehicle the ownership of which is transferred may be li-
censed for use in a State only if the title issued by the State to the trans-
feree—
(i) is produced by means of a secure printing process (or other se-
cure process);
(ii) indicates the mileage disclosure required to be made under sub-
section (a) of this section; and
(iii) contains a space for the transferee to disclose the mileage at the
time of a future transfer and to sign and date the disclosure.
(B) Subparagraph (A) of this paragraph does not require a State to ver-
ify, or preclude a State from verifying, the mileage information contained
in the title.
(c) LEASED MOTOR VEHICLES.—(1) For a leased motor vehicle, the reg-
ulations prescribed under subsection (a) of this section shall require written
disclosure about mileage to be made by the lessee to the lessor when the
lessor transfers ownership of that vehicle.
(2) Under those regulations, the lessor shall provide written notice to the
lessee of—
(A) the mileage disclosure requirements of subsection (a) of this sec-
tion; and
(B) the penalties for failure to comply with those requirements.
(3) The lessor shall retain the disclosures made by a lessee under para-
graph (1) of this subsection for at least 4 years following the date the lessor
transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle without ob-
taining possession of the vehicle, the lessor, in making the disclosure re-
quired by subsection (a) of this section, may indicate on the title the mile-
age disclosed by the lessee under paragraph (1) of this subsection unless
the lessor has reason to believe that the disclosure by the lessee does not
reflect the actual mileage of the vehicle.
(d) STATE
ALTERNATE
VEHICLE
MILEAGE
DISCLOSURE
REQUIRE-
MENTS.—The requirements of subsections (b) and (c)(1) of this section on
the disclosure of motor vehicle mileage when motor vehicles are transferred
or leased apply in a State unless the State has in effect alternate motor
vehicle mileage disclosure requirements approved by the Secretary. The Sec-
retary shall approve alternate motor vehicle mileage disclosure requirements
submitted by a State unless the Secretary decides that the requirements are
not consistent with the purpose of the disclosure required by subsection (b)
or (c), as the case may be.
373
(e) AUCTION SALES.—If a motor vehicle is sold at an auction, the auction
company conducting the auction shall maintain the following records for at
least 4 years after the date of the sale:
(1) the name of the most recent owner of the motor vehicle (except
the auction company) and the name of the buyer of the motor vehicle.
(2) the vehicle identification number required under chapter 301 or
331 of this title.
(3) the odometer reading on the date the auction company took pos-
session of the motor vehicle.
(f) APPLICATION AND REVISION OF STATE LAW.—(1) Except as provided
in paragraph (2) of this subsection, subsections (b)–(e) of this section apply
to the transfer of a motor vehicle after April 28, 1989.
(2) If a State requests, the Secretary shall assist the State in revising
its laws to comply with subsection (b) of this section. If a State requires
time beyond April 28, 1989, to revise its laws to achieve compliance, the
Secretary, on request of the State, may grant additional time that the Sec-
retary considers reasonable by publishing a notice in the Federal Register.
The notice shall include the reasons for granting the additional time. In
granting additional time, the Secretary shall ensure that the State is mak-
ing reasonable efforts to achieve compliance.
§ 32706. Inspections, investigations, and records
(a) AUTHORITY TO INSPECT
AND INVESTIGATE.—Subject to section
32707 of this title, the Secretary of Transportation may conduct an inspec-
tion or investigation necessary to carry out this chapter or a regulation pre-
scribed or order issued under this chapter. The Secretary shall cooperate
with State and local officials to the greatest extent possible in conducting
an inspection or investigation. The Secretary may give the Attorney General
information about a violation of this chapter or a regulation prescribed or
order issued under this chapter.
(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—(1) In carrying out sub-
section (a) of this section, an officer or employee designated by the Sec-
retary, on display of proper credentials and written notice to the owner, op-
erator, or agent in charge, may—
(A) enter and inspect commercial premises in which a motor vehicle
or motor vehicle equipment is manufactured, held for shipment or sale,
maintained, or repaired;
(B) enter and inspect noncommercial premises in which the Sec-
retary reasonably believes there is a motor vehicle or motor vehicle
equipment that is an object of a violation of this chapter;
(C) inspect that motor vehicle or motor vehicle equipment; and
374
(D) impound for not more than 72 hours for inspection a motor ve-
hicle or motor vehicle equipment that the Secretary reasonably believes
is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall be con-
ducted at a reasonable time, in a reasonable way, and with reasonable
promptness. The written notice may consist of a warrant issued under sec-
tion 32707 of this title.
(c) REASONABLE COMPENSATION.—When the Secretary impounds for in-
spection a motor vehicle (except a vehicle subject to subchapter II of chapter
105 of this title) or motor vehicle equipment under subsection (b)(1)(D) of
this section, the Secretary shall pay reasonable compensation to the owner
of the vehicle or equipment if the inspection or impoundment results in de-
nial of use, or reduction in value, of the vehicle or equipment.
(d) RECORDS AND INFORMATION REQUIREMENTS.—(1) To enable the
Secretary to decide whether a dealer or distributor is complying with this
chapter and regulations prescribed and orders issued under this chapter, the
Secretary may require the dealer or distributor—
(A) to keep records;
(B) to provide information from those records if the Secretary states
the purpose for requiring the information and identifies the information
to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Secretary to
inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do not au-
thorize the Secretary to require a dealer or distributor to provide informa-
tion on a regular periodic basis.
(e) ADMINISTRATIVE AUTHORITY AND CIVIL ACTIONS TO ENFORCE.—
(1) In carrying out this chapter, the Secretary may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) 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.
(3) A civil action to enforce a subpena or order of the Secretary under
this subsection may be brought in the United States district court for the
judicial district in which the proceeding by the Secretary was conducted.
375
The court may punish a failure to obey an order of the court to comply
with the subpena or order of the Secretary as a contempt of court.
(f) PROHIBITIONS.—A person may not fail to keep records, refuse access
to or copying of records, fail to make reports or provide information, fail
to allow entry or inspection, or fail to permit impoundment, as required
under this section.
§ 32707. Administrative warrants
(a) DEFINITION.—In this section, ‘‘probable cause’’ means a valid public
interest in the effective enforcement of this chapter or a regulation pre-
scribed under this chapter sufficient to justify the inspection or impound-
ment in the circumstances stated in an application for a warrant under this
section.
(b) WARRANT REQUIREMENT AND ISSUANCE.—(1) Except as provided in
paragraph (4) of this subsection, an inspection or impoundment under sec-
tion 32706 of this title may be carried out only after a warrant is obtained.
(2) A judge of a court of the United States or a State court of record
or a United States magistrate may issue a warrant for an inspection or im-
poundment under section 32706 of this title within the territorial jurisdic-
tion of the court or magistrate. The warrant must be based on an affidavit
that—
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer or em-
ployee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when the judge or
magistrate decides there is a reasonable basis for believing that probable
cause exists to issue the warrant. The warrant must—
(A) identify the premises, property, or motor vehicle to be inspected
and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing the war-
rant, and the name of the affiant;
(C) direct an individual authorized under section 32706 of this title
to inspect the premises, property, or vehicle for the purpose stated in
the warrant and, when appropriate, to impound the property specified
in the warrant;
(D) direct that the warrant be served during the hours specified in
the warrant; and
(E) name the judge or magistrate with whom proof of service is to
be filed.
(4) A warrant under this section is not required when—
(A) the owner, operator, or agent in charge of the premises consents;
376
(B) it is reasonable to believe that the mobility of the motor vehicle
to be inspected makes it impractical to obtain a warrant;
(C) an application for a warrant cannot be made because of an emer-
gency;
(D) records are to be inspected and copied under section
32706(e)(1)(A) of this title; or
(E) a warrant is not constitutionally required.
(c) SERVICE AND IMPOUNDMENT OF PROPERTY.—(1) A warrant issued
under this section must be served and proof of service filed not later than
10 days after its issuance date. The judge or magistrate may allow addi-
tional time in the warrant if the Secretary of Transportation demonstrates
a need for additional time. Proof of service must be filed promptly with a
written inventory of the property impounded under the warrant. The inven-
tory shall be made in the presence of the individual serving the warrant and
the individual from whose possession or premises the property was im-
pounded, or if that individual is not present, a credible individual except the
individual making the inventory. The individual serving the warrant shall
verify the inventory. On request, the judge or magistrate shall send a copy
of the inventory to the individual from whose possession or premises the
property was impounded and to the applicant for the warrant.
(2) When property is impounded under a warrant, the individual serving
the warrant shall—
(A) give the person from whose possession or premises the property
was impounded a copy of the warrant and a receipt for the property;
or
(B) leave the copy and receipt at the place from which the property
was impounded.
(3) The judge or magistrate shall file the warrant, proof of service, and
all documents filed about the warrant with the clerk of the United States
district court for the judicial district in which the inspection is made.
§ 32708. Confidentiality of information
(a) GENERAL.—Information obtained by the Secretary of Transportation
under this chapter related to a confidential matter referred to in section
1905 of title 18 may be disclosed only—
(1) to another officer or employee of the United States Government
for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
377
§ 32709. Penalties and enforcement
(a) CIVIL PENALTY.—(1) A person that violates this chapter or a regula-
tion prescribed or order issued under this chapter is liable to the United
States Government for a civil penalty of not more than $2,000 for each vio-
lation. A separate violation occurs for each motor vehicle or device involved
in the violation. The maximum penalty under this subsection for a related
series of violations is $100,000.
(2) The Secretary of Transportation shall impose a civil penalty under
this subsection. The Attorney General shall bring a civil action to collect the
penalty. Before referring a penalty claim to the Attorney General, the Sec-
retary may compromise the amount of the penalty. Before compromising the
amount of the penalty, the Secretary shall give the person charged with a
violation an opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this subsection,
the Secretary shall consider—
(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.
(b) CRIMINAL PENALTY.—A person that knowingly and willfully violates
this chapter or a regulation prescribed or order issued under this chapter
shall be fined under title 18, imprisoned for not more than 3 years, or both.
If the person is a corporation, the penalties of this subsection also apply
to a director, officer, or individual agent of a corporation who knowingly
and willfully authorizes, orders, or performs an act in violation of this chap-
ter or a regulation prescribed or order issued under this chapter without
regard to penalties imposed on the corporation.
(c) CIVIL ACTIONS BY ATTORNEY GENERAL.—The Attorney General may
bring a civil action to enjoin a violation of this chapter or a regulation pre-
scribed or order issued under this chapter. The action may be brought in
the United States district court for the judicial district in which the viola-
tion 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 de-
fendant resides or is found. A subpena for a witness in the action may be
served in any judicial district.
(d) CIVIL ACTIONS BY STATES.—(1) When a person violates this chapter
or a regulation prescribed or order issued under this chapter, the chief law
enforcement officer of the State in which the violation occurs may bring a
civil action—
(A) to enjoin the violation; or
378
(B) to recover amounts for which the person is liable under section
32710 of this title for each person on whose behalf the action is
brought.
(2) An action under this subsection may be brought in an appropriate
United States district court or in a State court of competent jurisdiction.
The action must be brought not later than 2 years after the claim accrues.
§ 32710. Civil actions by private persons
(a) VIOLATION AND AMOUNT OF DAMAGES.—A person that violates this
chapter or a regulation prescribed or order issued under this chapter, with
intent to defraud, is liable for 3 times the actual damages or $1,500, which-
ever is greater.
(b) CIVIL ACTIONS.—A person may bring a civil action to enforce a claim
under this section in an appropriate United States district court or in an-
other court of competent jurisdiction. The action must be brought not later
than 2 years after the claim accrues. The court shall award costs and a rea-
sonable attorney’s fee to the person when a judgment is entered for that
person.
§ 32711. Relationship to State law
Except to the extent that State law is inconsistent with this chapter, this
chapter does not—
(1) affect a State law on disconnecting, altering, or tampering with
an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
CHAPTER 329—AUTOMOBILE FUEL ECONOMY
Sec.
32901.
Definitions.
32902.
Average fuel economy standards.
32903.
Credits for exceeding average fuel economy standards.
32904.
Calculation of average fuel economy.
32905.
Manufacturing incentives for alternative fuel automobiles.
32906.
Maximum fuel economy increase for alternative fuel automobiles.
32907.
Reports and tests of manufacturers.
32908.
Fuel economy information.
32909.
Judicial review of regulations.
32910.
Administrative.
32911.
Compliance.
32912.
Civil penalties.
32913.
Compromising and remitting civil penalties.
32914.
Collecting civil penalties.
32915.
Appealing civil penalties.
32916.
Reports to Congress.
32917.
Standards for executive agency automobiles.
32918.
Preemption.
§ 32901. Definitions
(a) GENERAL.—In this chapter—
(1) ‘‘alternative fuel’’ means—
(A) methanol;
(B) denatured ethanol;
379
(C) other alcohols;
(D) except as provided in subsection (b) of this section, a mix-
ture containing at least 85 percent of methanol, denatured etha-
nol, and other alcohols by volume with gasoline or other fuels;
(E) natural gas;
(F) liquefied petroleum gas;
(G) hydrogen;
(H) coal derived liquid fuels;
(I) fuels (except alcohol) derived from biological materials;
(J) electricity (including electricity from solar energy); and
(K) any other fuel the Secretary of Transportation prescribes by
regulation that is not substantially petroleum and that would yield
substantial energy security and environmental benefits.
(2) ‘‘alternative fueled automobile’’ means an automobile that is a—
(A) dedicated automobile; or
(B) dual fueled automobile.
(3) except as provided in section 32908 of this title, ‘‘automobile’’
means a 4-wheeled vehicle that is propelled by fuel, or by alternative
fuel, manufactured primarily for use on public streets, roads, and high-
ways (except a vehicle operated only on a rail line), and rated at—
(A) not more than 6,000 pounds gross vehicle weight; or
(B) more than 6,000, but less than 10,000, pounds gross vehicle
weight, if the Secretary decides by regulation that—
(i) an average fuel economy standard under this chapter
for the vehicle is feasible; and
(ii) an average fuel economy standard under this chapter
for the vehicle will result in significant energy conservation or
the vehicle is substantially used for the same purposes as a
vehicle rated at not more than 6,000 pounds gross vehicle
weight.
(4) ‘‘automobile manufactured by a manufacturer’’ includes every
automobile manufactured by a person that controls, is controlled by, or
is under common control with the manufacturer, but does not include
an automobile manufactured by the person that is exported not later
than 30 days after the end of the model year in which the automobile
is manufactured.
(5) ‘‘average fuel economy’’ means average fuel economy determined
under section 32904 of this title.
(6) ‘‘average fuel economy standard’’ means a performance standard
specifying a minimum level of average fuel economy applicable to a
manufacturer in a model year.
380
(7) ‘‘dedicated automobile’’ means an automobile that operates only
on alternative fuel.
(8) ‘‘dual fueled automobile’’ means an automobile that—
(A) is capable of operating on alternative fuel and on gasoline
or diesel fuel;
(B) provides equal or superior energy efficiency, as calculated
for the applicable model year during fuel economy testing for the
United States Government, when operating on alternative fuel as
when operating on gasoline or diesel fuel;
(C) for model years 1993–1995 for an automobile capable of op-
erating on a mixture of an alternative fuel and gasoline or diesel
fuel and if the Administrator of the Environmental Protection
Agency decides to extend the application of this subclause, for an
additional period ending not later than the end of the last model
year to which section 32905(b) and (d) of this title applies, pro-
vides equal or superior energy efficiency, as calculated for the ap-
plicable model year during fuel economy testing for the Govern-
ment, when operating on a mixture of alternative fuel and gasoline
or diesel fuel containing exactly 50 percent gasoline or diesel fuel
as when operating on gasoline or diesel fuel; and
(D) for a passenger automobile, meets or exceeds the minimum
driving range prescribed under subsection (c) of this section.
(9) ‘‘fuel’’ means—
(A) gasoline;
(B) diesel oil; or
(C) other liquid or gaseous fuel that the Secretary decides by
regulation to include in this definition as consistent with the need
of the United States to conserve energy.
(10) ‘‘fuel economy’’ means the average number of miles traveled by
an automobile for each gallon of gasoline (or equivalent amount of
other fuel) used, as determined by the Administrator under section
32904(c) of this title.
(11) ‘‘import’’ means to import into the customs territory of the
United States.
(12) ‘‘manufacture’’ (except under section 32902(d) of this title)
means to produce or assemble in the customs territory of the United
States or to import.
(13) ‘‘manufacturer’’ means—
(A) a person engaged in the business of manufacturing auto-
mobiles, including a predecessor or successor of the person to the
extent provided under regulations prescribed by the Secretary; and
381
(B) if more than one person is the manufacturer of an auto-
mobile, the person specified under regulations prescribed by the
Secretary.
(14) ‘‘model’’ means a class of automobiles as decided by regulation
by the Administrator after consulting and coordinating with the Sec-
retary.
(15) ‘‘model year’’, when referring to a specific calendar year,
means—
(A) the annual production period of a manufacturer, as decided
by the Administrator, that includes January 1 of that calendar
year; or
(B) that calendar year if the manufacturer does not have an an-
nual production period.
(16) ‘‘passenger automobile’’ means an automobile that the Sec-
retary decides by regulation is manufactured primarily for transporting
not more than 10 individuals, but does not include an automobile capa-
ble of off-highway operation that the Secretary decides by regulation—
(A) has a significant feature (except 4-wheel drive) designed for
off-highway operation; and
(B) is a 4-wheel drive automobile or is rated at more than 6,000
pounds gross vehicle weight.
(b) AUTHORITY TO CHANGE PERCENTAGE.—The Secretary may pre-
scribe regulations changing the percentage referred to in subsection
(a)(1)(D) of this section to not less than 70 percent because of requirements
relating to cold start, safety, or vehicle functions.
(c) MINIMUM DRIVING RANGES FOR DUAL FUELED PASSENGER AUTO-
MOBILES.—(1) The Secretary shall prescribe by regulation the minimum
driving range that dual fueled automobiles that are passenger automobiles
must meet when operating on alternative fuel to be dual fueled automobiles
under sections 32905 and 32906 of this title. A determination whether a
dual fueled automobile meets the minimum driving range requirement under
this paragraph shall be based on the combined Agency city/highway fuel
economy as determined for average fuel economy purposes for those auto-
mobiles.
(2)(A) The Secretary may prescribe a lower range for a specific model
than that prescribed under paragraph (1) of this subsection. A manufac-
turer may petition for a lower range than that prescribed under paragraph
(1) for a specific model.
382
(B) The minimum driving range prescribed for dual fueled automobiles
(except electric automobiles) under subparagraph (A) of this paragraph or
paragraph (1) of this subsection must be at least 200 miles.
(C) If the Secretary prescribes a minimum driving range of 200 miles for
dual fueled automobiles (except electric automobiles) under paragraph (1)
of this subsection, subparagraph (A) of this paragraph does not apply to
dual fueled automobiles (except electric automobiles).
(3) In prescribing a minimum driving range under paragraph (1) of this
subsection and in taking an action under paragraph (2) of this subsection,
the Secretary shall consider the purpose set forth in section 3 of the Alter-
native Motor Fuels Act of 1988 (Public Law 100–494, 102 Stat. 2442),
consumer acceptability, economic practicability, technology, environmental
impact, safety, drivability, performance, and other factors the Secretary con-
siders relevant.
§ 32902. Average fuel economy standards
(a) NON-PASSENGER AUTOMOBILES.—At least 18 months before the be-
ginning of each model year, the Secretary of Transportation shall prescribe
by regulation average fuel economy standards for automobiles (except pas-
senger automobiles) manufactured by a manufacturer in that model year.
Each standard shall be the maximum feasible average fuel economy level
that the Secretary decides the manufacturers can achieve in that model
year. The Secretary may prescribe separate standards for different classes
of automobiles.
(b) PASSENGER AUTOMOBILES.—Except as provided in this section, the
average fuel economy standard for passenger automobiles manufactured by
a manufacturer in a model year after model year 1984 shall be 27.5 miles
a gallon.
(c) AMENDING PASSENGER AUTOMOBILE STANDARDS.—(1) Subject to
paragraph (2) of this subsection, the Secretary of Transportation may pre-
scribe regulations amending the standard under subsection (b) of this sec-
tion for a model year to a level that the Secretary decides is the maximum
feasible average fuel economy level for that model year. Section 553 of title
5 applies to a proceeding to amend the standard. However, any interested
person may make an oral presentation and a transcript shall be taken of
that presentation.
(2) If an amendment increases the standard above 27.5 miles a gallon
or decreases the standard below 26.0 miles a gallon, the Secretary of Trans-
portation shall submit the amendment to Congress. The procedures of sec-
tion 551 of the Energy Policy and Conservation Act (42 U.S.C. 6421) apply
to an amendment, except that the 15 calendar days referred to in section
551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60
383
calendar days, and the 5 calendar days referred to in section 551(f)(4)(A)
of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days.
If either House of Congress disapproves the amendment under those proce-
dures, the amendment does not take effect.
(d) EXEMPTIONS.—(1) Except as provided in paragraph (3) of this sub-
section, on application of a manufacturer that manufactured (whether in the
United States or not) fewer than 10,000 passenger automobiles in the model
year 2 years before the model year for which the application is made, the
Secretary of Transportation may exempt by regulation the manufacturer
from a standard under subsection (b) or (c) of this section. An exemption
for a model year applies only if the manufacturer manufactures (whether
in the United States or not) fewer than 10,000 passenger automobiles in
the model year. The Secretary may exempt a manufacturer only if the Sec-
retary—
(A) finds that the applicable standard under those subsections is
more stringent than the maximum feasible average fuel economy level
that the manufacturer can achieve; and
(B) prescribes by regulation an alternative average fuel economy
standard for the passenger automobiles manufactured by the exempted
manufacturer that the Secretary decides is the maximum feasible aver-
age fuel economy level for the manufacturers to which the alternative
standard applies.
(2) An alternative average fuel economy standard the Secretary of Trans-
portation prescribes under paragraph (1)(B) of this subsection may apply
to an individually exempted manufacturer, to all automobiles to which this
subsection applies, or to classes of passenger automobiles, as defined under
regulations of the Secretary, manufactured by exempted manufacturers.
(3) Notwithstanding paragraph (1) of this subsection, an importer reg-
istered under section 30141(c) of this title may not be exempted as a manu-
facturer under paragraph (1) for a motor vehicle that the importer—
(A) imports; or
(B) brings into compliance with applicable motor vehicle safety
standards prescribed under chapter 301 of this title for an individual
under section 30142 of this title.
(4) The Secretary of Transportation may prescribe the contents of an ap-
plication for an exemption.
(e) EMERGENCY VEHICLES.—(1) In this subsection, ‘‘emergency vehicle’’
means an automobile manufactured primarily for use—
(A) as an ambulance or combination ambulance-hearse;
(B) by the United States Government or a State or local government
for law enforcement; or
384
(C) for other emergency uses prescribed by regulation by the Sec-
retary of Transportation.
(2) A manufacturer may elect to have the fuel economy of an emergency
vehicle excluded in applying a fuel economy standard under subsection (a),
(b), (c), or (d) of this section. The election is made by providing written
notice to the Secretary of Transportation and to the Administrator of the
Environmental Protection Agency.
(f) CONSIDERATIONS ON DECISIONS ON MAXIMUM FEASIBLE AVERAGE
FUEL ECONOMY.—When deciding maximum feasible average fuel economy
under this section, the Secretary of Transportation shall consider techno-
logical feasibility, economic practicability, the effect of other motor vehicle
standards of the Government on fuel economy, and the need of the United
States to conserve energy.
(g) REQUIREMENTS FOR OTHER AMENDMENTS.—(1) The Secretary of
Transportation may prescribe regulations amending an average fuel econ-
omy standard prescribed under subsection (a) or (d) of this section if the
amended standard meets the requirements of subsection (a) or (d), as ap-
propriate.
(2) When the Secretary of Transportation prescribes an amendment
under this section that makes an average fuel economy standard more strin-
gent, the Secretary shall prescribe the amendment (and submit the amend-
ment to Congress when required under subsection (c)(2) of this section) at
least 18 months before the beginning of the model year to which the amend-
ment applies.
(h) LIMITATIONS.—In carrying out subsections (c), (f), and (g) of this
section, the Secretary of Transportation—
(1) may not consider the fuel economy of dedicated automobiles; and
(2) shall consider dual fueled automobiles to be operated only on gas-
oline or diesel fuel.
(i) CONSULTATION.—The Secretary of Transportation shall consult with
the Secretary of Energy in carrying out this section and section 32903 of
this title.
(j) SECRETARY OF ENERGY COMMENTS.—(1) Before issuing a notice pro-
posing to prescribe or amend an average fuel economy standard under sub-
section (a), (c), or (g) of this section, the Secretary of Transportation shall
give the Secretary of Energy at least 10 days from the receipt of the notice
during which the Secretary of Energy may, if the Secretary of Energy con-
cludes that the proposed standard would adversely affect the conservation
goals of the Secretary of Energy, provide written comments to the Secretary
of Transportation about the impact of the standard on those goals. To the
extent the Secretary of Transportation does not revise a proposed standard
385
to take into account comments of the Secretary of Energy on any adverse
impact of the standard, the Secretary of Transportation shall include those
comments in the notice.
(2) Before taking final action on a standard or an exemption from a
standard under this section, the Secretary of Transportation shall notify the
Secretary of Energy and provide the Secretary of Energy a reasonable time
to comment.
§ 32903. Credits for exceeding average fuel economy stand-
ards
(a) EARNING AND PERIOD FOR APPLYING CREDITS.—When the average
fuel economy of passenger automobiles manufactured by a manufacturer in
a particular model year exceeds an applicable average fuel economy stand-
ard under section 32902(b)–(d) of this title (determined by the Secretary
of Transportation without regard to credits under this section), the manu-
facturer earns credits. The credits may be applied to—
(1) any of the 3 consecutive model years immediately before the
model year for which the credits are earned; and
(2) to the extent not used under clause (1) of this subsection, any
of the 3 consecutive model years immediately after the model year for
which the credits are earned.
(b) PERIOD OF AVAILABILITY AND PLAN FOR FUTURE CREDITS.—(1)
Except as provided in paragraph (2) of this subsection, credits under this
section are available to a manufacturer at the end of the model year in
which earned.
(2)(A) Before the end of a model year, if a manufacturer has reason to
believe that its average fuel economy for passenger automobiles will be less
than the applicable standard for that model year, the manufacturer may
submit a plan to the Secretary of Transportation demonstrating that the
manufacturer will earn sufficient credits under this section within the next
3 model years to allow the manufacturer to meet that standard for the
model year involved. Unless the Secretary finds that the manufacturer is
unlikely to earn sufficient credits under the plan, the Secretary shall ap-
prove the plan. Those credits are available for the model year involved if—
(i) the Secretary approves the plan; and
(ii) the manufacturer earns those credits as provided by the plan.
(B) If the average fuel economy of a manufacturer is less than the appli-
cable standard under section 32902(b)–(d) of this title after applying credits
under subsection (a)(1) of this section, the Secretary of Transportation shall
notify the manufacturer and give the manufacturer a reasonable time (of
at least 60 days) to submit a plan.
386
(c) DETERMINING NUMBER OF CREDITS.—The number of credits a man-
ufacturer earns under this section equals the product of—
(1) the number of tenths of a mile a gallon by which the average
fuel economy of the passenger automobiles manufactured by the manu-
facturer in the model year in which the credits are earned exceeds the
applicable average fuel economy standard under section 32902(b)–(d)
of this title; times
(2) the number of passenger automobiles manufactured by the man-
ufacturer during that model year.
(d) APPLYING CREDITS FOR PASSENGER AUTOMOBILES.—The Secretary
of Transportation shall apply credits to a model year on the basis of the
number of tenths of a mile a gallon by which the manufacturer involved was
below the applicable average fuel economy standard for that model year and
the number of passenger automobiles manufactured that model year by the
manufacturer. Credits applied to a model year are no longer available for
another model year. Before applying credits, the Secretary shall give the
manufacturer written notice and reasonable opportunity to comment.
(e) APPLYING CREDITS FOR NON-PASSENGER AUTOMOBILES.—Credits
for a manufacturer of automobiles that are not passenger automobiles are
earned and applied to a model year in which the average fuel economy of
that class of automobiles is below the applicable average fuel economy
standard under section 32902(a) of this title, to the same extent and in the
same way as provided in this section for passenger automobiles.
(f) REFUND OF COLLECTED PENALTY.—When a civil penalty has been
collected under this chapter from a manufacturer that has earned credits
under this section, the Secretary of the Treasury shall refund to the manu-
facturer the amount of the penalty to the extent the penalty is attributable
to credits available under this section.
§ 32904. Calculation of average fuel economy
(a) METHOD OF CALCULATION.—(1) The Administrator of the Environ-
mental Protection Agency shall calculate the average fuel economy of a
manufacturer subject to—
(A) section 32902(a) of this title in a way prescribed by the Admin-
istrator; and
(B) section 32902(b)–(d) of this title by dividing—
(i) the number of passenger automobiles manufactured by the
manufacturer in a model year; by
(ii) the sum of the fractions obtained by dividing the number
of passenger automobiles of each model manufactured by the man-
ufacturer in that model year by the fuel economy measured for
that model.
387
(2)(A) In this paragraph, ‘‘electric vehicle’’ means a vehicle powered pri-
marily by an electric motor drawing electrical current from a portable
source.
(B) If a manufacturer manufactures an electric vehicle, the Administrator
shall include in the calculation of average fuel economy under paragraph (1)
of this subsection equivalent petroleum based fuel economy values deter-
mined by the Secretary of Energy for various classes of electric vehicles.
The Secretary shall review those values each year and determine and pro-
pose necessary revisions based on the following factors:
(i) the approximate electrical energy efficiency of the vehicle, consid-
ering the kind of vehicle and the mission and weight of the vehicle.
(ii) the national average electrical generation and transmission effi-
ciencies.
(iii) the need of the United States to conserve all forms of energy
and the relative scarcity and value to the United States of all fuel used
to generate electricity.
(iv) the specific patterns of use of electric vehicles compared to pe-
troleum-fueled vehicles.
(b) SEPARATE CALCULATIONS FOR PASSENGER AUTOMOBILES MANU-
FACTURED DOMESTICALLY AND NOT DOMESTICALLY.—(1) In this sub-
section—
(A) a passenger automobile is deemed to be manufactured domesti-
cally in a model year if at least 75 percent of the cost to the manufac-
turer is attributable to value added in the United States or Canada,
unless the assembly of the automobile is completed in Canada and the
automobile is imported into the United States more than 30 days after
the end of the model year; and
(B) the fuel economy of a passenger automobile that is not manufac-
tured domestically is deemed to be equal to the average fuel economy
of all passenger automobiles manufactured by the same manufacturer
that are not manufactured domestically.
(2)(A) Except as provided in paragraphs (4) and (5) of this subsection,
the Administrator shall make separate calculations under subsection
(a)(1)(B) of this section for—
(i) passenger automobiles manufactured domestically by a manufac-
turer (or included in this category under paragraph (3) of this sub-
section); and
(ii) passenger automobiles not manufactured domestically by that
manufacturer (or excluded from this category under paragraph (3) of
this subsection).
388
(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of
this paragraph are deemed to be manufactured by separate manufacturers
under this chapter.
(3)(A) A manufacturer may submit to the Secretary of Transportation for
approval a plan, including supporting material, stating the actions and the
deadlines for taking the actions, that will ensure that the model or models
referred to in subparagraph (B) of this paragraph will be manufactured do-
mestically before the end of the 4th model year covered by the plan. The
Secretary promptly shall consider and act on the plan. The Secretary shall
approve the plan unless—
(i) the Secretary finds that the plan is inadequate to meet the re-
quirements of this paragraph; or
(ii) the manufacturer previously has submitted a plan approved by
the Secretary under this paragraph.
(B) If the plan is approved, the Administrator shall include under para-
graph (2)(A)(i) and exclude under paragraph (2)(A)(ii) of this subsection,
for each of the 4 model years covered by the plan, not more than 150,000
passenger automobiles manufactured by that manufacturer but not qualify-
ing as domestically manufactured if—
(i) the model or models involved previously have not been manufac-
tured domestically;
(ii) at least 50 percent of the cost to the manufacturer of each of
the automobiles is attributable to value added in the United States or
Canada;
(iii) the automobiles, if their assembly was completed in Canada, are
imported into the United States not later than 30 days after the end
of the model year; and
(iv) the model or models are manufactured domestically before the
end of the 4th model year covered by the plan.
(4)(A) A manufacturer may file with the Secretary of Transportation a
petition for an exemption from the requirement of separate calculations
under paragraph (2)(A) of this subsection if the manufacturer began auto-
mobile production or assembly in the United States—
(i) after December 22, 1975, and before May 1, 1980; or
(ii) after April 30, 1980, if the manufacturer has engaged in the pro-
duction or assembly in the United States for at least one model year
ending before January 1, 1986.
(B) The Secretary of Transportation shall grant the exemption unless the
Secretary finds that the exemption would result in reduced employment in
the United States related to motor vehicle manufacturing during the period
of the exemption. An exemption under this paragraph is effective for 5
389
model years or, if requested by the manufacturer, a longer period provided
by the Secretary in the order granting the exemption. The exemption applies
to passenger automobiles manufactured by that manufacturer during the pe-
riod of the exemption.
(C) Before granting an exemption, the Secretary of Transportation shall
provide notice of, and reasonable opportunity for, written or oral comment
about the petition. The period for comment shall end not later than 60 days
after the petition is filed, except that the Secretary may extend the period
for not more than another 30 days. The Secretary shall decide whether to
grant or deny the exemption, and publish notice of the decision in the Fed-
eral Register, not later than 90 days after the petition is filed, except that
the Secretary may extend the time for decision to a later date (not later
than 150 days after the petition is filed) if the Secretary publishes notice
of, and reasons for, the extension in the Federal Register. If the Secretary
does not make a decision within the time provided in this subparagraph, the
petition is deemed to have been granted. Not later than 30 days after the
end of the decision period, the Secretary shall submit a written statement
of the reasons for not making a decision to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives.
(5)(A) A person adversely affected by a decision of the Secretary of
Transportation granting or denying an exemption may file, not later than
30 days after publication of the notice of the decision, a petition for review
in the United States Court of Appeals for the District of Columbia Circuit.
That court has exclusive jurisdiction to review the decision and to affirm,
remand, or set aside the decision under section 706(2)(A)–(D) of title 5.
(B) A judgment of the court under this subparagraph may be reviewed
by the Supreme Court under section 1254 of title 28. Application for review
by the Supreme Court must be made not later than 30 days after entry
of the court’s judgment.
(C) A decision of the Secretary of Transportation on a petition for an
exemption under this paragraph may be reviewed administratively or judi-
cially only as provided in this paragraph.
(6) Notwithstanding section 32903 of this title, during a model year when
an exemption under this paragraph is effective for a manufacturer—
(A) credit may not be earned under section 32903(a) of this title by
the manufacturer; and
(B) credit may not be made available under section 32903(b)(2) of
this title for the manufacturer.
(c) TESTING AND CALCULATION PROCEDURES.—The Administrator shall
measure fuel economy for each model and calculate average fuel economy
390
for a manufacturer under testing and calculation procedures prescribed by
the Administrator. However, except under section 32908 of this title, the
Administrator shall use the same procedures for passenger automobiles the
Administrator used for model year 1975 (weighted 55 percent urban cycle
and 45 percent highway cycle), or procedures that give comparable results.
A measurement of fuel economy or a calculation of average fuel economy
(except under section 32908) shall be rounded off to the nearest .1 of a
mile a gallon. The Administrator shall decide on the quantity of other fuel
that is equivalent to one gallon of gasoline. To the extent practicable, fuel
economy tests shall be carried out with emissions tests under section 206
of the Clean Air Act (42 U.S.C. 7525).
(d) EFFECTIVE DATE OF PROCEDURE OR AMENDMENT.—The Adminis-
trator shall prescribe a procedure under this section, or an amendment (ex-
cept a technical or clerical amendment) in a procedure, at least 12 months
before the beginning of the model year to which the procedure or amend-
ment applies.
(e) REPORTS
AND CONSULTATION.—The Administrator shall report
measurements and calculations under this section to the Secretary of Trans-
portation and shall consult and coordinate with the Secretary in carrying
out this section.
§ 32905. Manufacturing incentives for alternative fuel auto-
mobiles
(a) DEDICATED AUTOMOBILES.—Except as provided in subsection (c) of
this section or section 32904(a)(2) of this title, for any model of dedicated
automobile manufactured by a manufacturer after model year 1992, the fuel
economy measured for that model shall be based on the fuel content of the
alternative fuel used to operate the automobile. A gallon of a liquid alter-
native fuel used to operate a dedicated automobile is deemed to contain .15
gallon of fuel.
(b) DUAL FUELED AUTOMOBILES.—Except as provided in subsection (d)
of this section or section 32904(a)(2) of this title, for any model of dual
fueled automobile manufactured by a manufacturer in model years 1993–
2004, the Administrator of the Environmental Protection Agency shall
measure the fuel economy for that model by dividing 1.0 by the sum of—
(1) .5 divided by the fuel economy measured under section 32904(c)
of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy measured under subsection (a)
of this section when operating the model on alternative fuel.
(c) GASEOUS FUEL DEDICATED AUTOMOBILES.—For any model of gase-
ous fuel dedicated automobile manufactured by a manufacturer after model
year 1992, the Administrator shall measure the fuel economy for that model
391
based on the fuel content of the gaseous fuel used to operate the auto-
mobile. One hundred cubic feet of natural gas is deemed to contain .823
gallon equivalent of natural gas. The Secretary of Transportation shall de-
termine the appropriate gallon equivalent of other gaseous fuels. A gallon
equivalent of gaseous fuel is deemed to have a fuel content of .15 gallon
of fuel.
(d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.—For any model of
gaseous fuel dual fueled automobile manufactured by a manufacturer in
model years 1993–2004, the Administrator shall measure the fuel economy
for that model by dividing 1.0 by the sum of—
(1) .5 divided by the fuel economy measured under section 32904(c)
of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy measured under subsection (c) of
this section when operating the model on gaseous fuel.
(e) FUEL ECONOMY CALCULATIONS.—The Administrator shall calculate
the manufacturer’s average fuel economy under section 32904(a)(1) of this
title for each model described under subsections (a)–(d) of this section by
using as the denominator the fuel economy measured for each model under
subsections (a)–(d).
(f) EXTENDING APPLICATION OF SUBSECTIONS (b) AND (d).—Not later
than December 31, 2001, the Secretary of Transportation shall—
(1) extend by regulation the application of subsections (b) and (d)
of this section for not more than 4 consecutive model years immediately
after model year 2004 and explain the basis on which the extension is
granted; or
(2) publish a notice explaining the reasons for not extending the ap-
plication of subsections (b) and (d) of this section.
(g) STUDY AND REPORT.—Not later than September 30, 2000, the Sec-
retary of Transportation, in consultation with the Secretary of Energy and
the Administrator, shall complete a study of the success of the policy of sub-
sections (b) and (d) of this title, and submit to the Committees on Com-
merce, Science, and Transportation and Governmental Affairs of the Senate
and the Committee on Energy and Commerce of the House of Representa-
tives a report on the results of the study, including preliminary conclusions
on whether the application of subsections (b) and (d) should be extended
for up to 4 more model years. The study and conclusions shall consider—
(1) the availability to the public of alternative fueled automobiles and
alternative fuel;
(2) energy conservation and security;
(3) environmental considerations; and
(4) other relevant factors.
392
§ 32906. Maximum fuel economy increase for alternative fuel
automobiles
(a) MAXIMUM INCREASES.—(1)(A) For each of the model years 1993–
2004 for each category of automobile (except an electric automobile), the
maximum increase in average fuel economy for a manufacturer attributable
to dual fueled automobiles is 1.2 miles a gallon.
(B) If the application of section 32905(b) and (d) of this title is extended
under section 32905(f) of this title, for each category of automobile (except
an electric automobile) the maximum increase in average fuel economy for
a manufacturer for each of the model years 2005–2008 attributable to dual
fueled automobiles is .9 mile a gallon.
(2) In applying paragraph (1) of this subsection, the Administrator of the
Environmental Protection Agency shall determine the increase in a manu-
facturer’s average fuel economy attributable to dual fueled automobiles by
subtracting from the manufacturer’s average fuel economy calculated under
section 32905(e) of this title the number equal to what the manufacturer’s
average fuel economy would be if it were calculated by the formula in sec-
tion 32904(a)(1) of this title by including as the denominator for each
model of dual fueled automobile the fuel economy when the automobiles are
operated on gasoline or diesel fuel. If the increase attributable to dual fueled
automobiles for any model year described—
(A) in paragraph (1)(A) of this subsection is more than 1.2 miles
a gallon, the limitation in paragraph (1)(A) applies; and
(B) in paragraph (1)(B) of this subsection is more than .9 mile a
gallon, the limitation in paragraph (1)(B) applies.
(b) OFFSETS.—Notwithstanding this section and sections 32901(c) and
32905 of this title, if the Secretary of Transportation reduces the average
fuel economy standard for passenger automobiles for any model year below
27.5 miles a gallon, an increase in average fuel economy for passenger auto-
mobiles of more than .7 mile a gallon to which a manufacturer of dual
fueled automobiles would otherwise be entitled is reduced by an amount
equal to the amount of the reduction in the standard. However, the increase
may not be reduced to less than .7 mile a gallon.
§ 32907. Reports and tests of manufacturers
(a) MANUFACTURER REPORTS.—(1) A manufacturer shall report to the
Secretary of Transportation on—
(A) whether the manufacturer will comply with an applicable average
fuel economy standard under section 32902 of this title for the model
year for which the report is made;
(B) the actions the manufacturer has taken or intends to take to
comply with the standard; and
393
(C) other information the Secretary requires by regulation.
(2) A manufacturer shall submit a report under paragraph (1) of this
subsection during the 30 days—
(A) before the beginning of each model year; and
(B) beginning on the 180th day of the model year.
(3) When a manufacturer decides that actions reported under paragraph
(1)(B) of this subsection are not sufficient to ensure compliance with that
standard, the manufacturer shall report to the Secretary additional actions
the manufacturer intends to take to comply with the standard and include
a statement about whether those actions are sufficient to ensure compliance.
(4) This subsection does not apply to a manufacturer for a model year
for which the manufacturer is subject to an alternative average fuel econ-
omy standard under section 32902(d) of this title.
(b) RECORDS, REPORTS, TESTS, INFORMATION, AND INSPECTION.—(1)
Under regulations prescribed by the Secretary or the Administrator of the
Environmental Protection Agency to carry out this chapter, a manufacturer
shall keep records, make reports, conduct tests, and provide items and infor-
mation. On request and display of proper credentials, an officer or employee
designated by the Secretary or Administrator may inspect automobiles and
records of the manufacturer. An inspection shall be made at a reasonable
time and in a reasonable way.
(2) The district courts of the United States may—
(A) issue an order enforcing a requirement or request under para-
graph (1) of this subsection; and
(B) punish a failure to obey the order as a contempt of court.
§ 32908. Fuel economy information
(a) DEFINITIONS.—In this section—
(1) ‘‘automobile’’ includes an automobile rated at not more than
8,500 pounds gross vehicle weight regardless of whether the Secretary
of Transportation has applied this chapter to the automobile under sec-
tion 32901(a)(3)(B) of this title.
(2) ‘‘dealer’’ means a person residing or located in a State, the Dis-
trict of Columbia, or a territory or possession of the United States, and
engaged in the sale or distribution of new automobiles to the first per-
son (except a dealer buying as a dealer) that buys the automobile in
good faith other than for resale.
(b) LABELING REQUIREMENTS AND CONTENTS.—(1) Under regulations
of the Administrator of the Environmental Protection Agency, a manufac-
turer of automobiles shall attach a label to a prominent place on each auto-
mobile manufactured in a model year. The dealer shall maintain the label.
The label shall contain the following information:
394
(A) the fuel economy of the automobile.
(B) the estimated annual fuel cost of operating the automobile.
(C) the range of fuel economy of comparable automobiles of all man-
ufacturers.
(D) a statement that a booklet is available from the dealer to assist
in making a comparison of fuel economy of other automobiles manufac-
tured by all manufacturers in that model year.
(E) the amount of the automobile fuel efficiency tax imposed on the
sale of the automobile under section 4064 of the Internal Revenue Code
of 1986 (26 U.S.C. 4064).
(F) other information required or authorized by the Administrator
that is related to the information required by clauses (A)–(D) of this
paragraph.
(2) The Administrator may allow a manufacturer to comply with this sub-
section by—
(A) disclosing the information on the label required under section 3
of the Automobile Information Disclosure Act (15 U.S.C. 1232); and
(B) including the statement required by paragraph (1)(E) of this
subsection at a time and in a way that takes into account special cir-
cumstances or characteristics.
(3) For dedicated automobiles manufactured after model year 1992, the
fuel economy of those automobiles under paragraph (1)(A) of this sub-
section is the fuel economy for those automobiles when operated on alter-
native fuel, measured under section 32905(a) or (c) of this title, multiplied
by .15. Each label required under paragraph (1) of this subsection for dual
fueled automobiles shall—
(A) indicate the fuel economy of the automobile when operated on
gasoline or diesel fuel;
(B) clearly identify the automobile as a dual fueled automobile;
(C) clearly identify the fuels on which the automobile may be oper-
ated; and
(D) contain a statement informing the consumer that the additional
information required by subsection (c)(2) of this section is published
and distributed by the Secretary of Energy.
(c) FUEL ECONOMY INFORMATION BOOKLET.—(1) The Administrator
shall prepare the booklet referred to in subsection (b)(1)(D) of this section.
The booklet—
(A) shall be simple and readily understandable;
(B) shall contain information on fuel economy and estimated annual
fuel costs of operating automobiles manufactured in each model year;
and
395
(C) may contain information on geographical or other differences in
estimated annual fuel costs.
(2)(A) For dual fueled automobiles manufactured after model year 1992,
the booklet published under paragraph (1) shall contain additional informa-
tion on—
(i) the energy efficiency and cost of operation of those automobiles
when operated on gasoline or diesel fuel as compared to those auto-
mobiles when operated on alternative fuel; and
(ii) the driving range of those automobiles when operated on gasoline
or diesel fuel as compared to those automobiles when operated on alter-
native fuel.
(B) For dual fueled automobiles, the booklet published under paragraph
(1) also shall contain—
(i) information on the miles a gallon achieved by the automobiles
when operated on alternative fuel; and
(ii) a statement explaining how the information made available under
this paragraph can be expected to change when the automobile is oper-
ated on mixtures of alternative fuel and gasoline or diesel fuel.
(3) The Secretary of Energy shall publish and distribute the booklet. The
Administrator shall prescribe regulations requiring dealers to make the
booklet available to prospective buyers.
(d) DISCLOSURE.—A disclosure about fuel economy or estimated annual
fuel costs under this section does not establish a warranty under a law of
the United States or a State.
(e) VIOLATIONS.—A violation of subsection (b) of this section is—
(1) a violation of section 3 of the Automobile Information Disclosure
Act (15 U.S.C. 1232); and
(2) an unfair or deceptive act or practice in or affecting commerce
under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), ex-
cept sections 5(m) and 18 (15 U.S.C. 45(m), 57a).
(f) CONSULTATION.—The Administrator shall consult with the Federal
Trade Commission and the Secretaries of Transportation and Energy in
carrying out this section.
§ 32909. Judicial review of regulations
(a) FILING AND VENUE.—(1) A person that may be adversely affected
by a regulation prescribed in carrying out section 32901–32904 or 32908
of this title may apply for review of the regulation by filing a petition for
review in the United States Court of Appeals for the District of Columbia
Circuit or in the court of appeals of the United States for the circuit in
which the person resides or has its principal place of business.
396
(2) A person adversely affected by a regulation prescribed under section
32912(c)(1) of this title may apply for review of the regulation by filing a
petition for review in the court of appeals of the United States for the cir-
cuit in which the person resides or has its principal place of business.
(b) TIME FOR FILING AND JUDICIAL PROCEDURES.—The petition must
be filed not later than 59 days after the regulation is prescribed, except that
a petition for review of a regulation prescribing an amendment of a stand-
ard submitted to Congress under section 32902(c)(2) of this title must be
filed not later than 59 days after the end of the 60-day period referred to
in section 32902(c)(2). The clerk of the court shall send immediately a copy
of the petition to the Secretary of Transportation or the Administrator of
the Environmental Protection Agency, whoever prescribed the regulation.
The Secretary or the Administrator shall file with the court a record of the
proceeding in which the regulation was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) When reviewing a regulation under
subsection (a)(1) of this section, the court, on request of the petitioner, may
order the Secretary or the Administrator to receive additional submissions
if the court is satisfied the additional submissions are material and there
were reasonable grounds for not presenting the submissions in the proceed-
ing before the Secretary or Administrator.
(2) The Secretary or the Administrator may amend or set aside the regu-
lation, or prescribe a new regulation because of the additional submissions
presented. The Secretary or Administrator shall file an amended or new reg-
ulation and the additional submissions with the court. The court shall re-
view a changed or new regulation.
(d) SUPREME COURT REVIEW AND ADDITIONAL REMEDIES.—A judg-
ment of a court under this section may be reviewed only by the Supreme
Court under section 1254 of title 28. A remedy under subsections (a)(1)
and (c) of this section is in addition to any other remedies provided by law.
§ 32910. Administrative
(a) GENERAL POWERS.—(1) In carrying out this chapter, the Secretary
of Transportation or the Administrator of the Environmental Protection
Agency may—
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific ques-
tions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and subpena
witnesses and records the Secretary or Administrator considers advis-
able.
397
(2) A witness summoned under paragraph (1)(C) of this subsection is en-
titled to the same fee and mileage the witness would have been paid in a
court of the United States.
(b) CIVIL ACTIONS TO ENFORCE.—A civil action to enforce a subpena
or order of the Secretary or Administrator under subsection (a) of this sec-
tion may be brought in the district court of the United States for the judi-
cial district in which the proceeding by the Secretary or Administrator was
conducted. The court may punish a failure to obey an order of the court
to comply with the subpena or order of the Secretary or Administrator as
a contempt of court.
(c) DISCLOSURE OF INFORMATION.—The Secretary and the Adminis-
trator each shall disclose information obtained under this chapter (except
information obtained under section 32904(c) of this title) under section 552
of title 5. However, the Secretary or Administrator may withhold informa-
tion under section 552(b)(4) of title 5 only if the Secretary or Administrator
decides that disclosure of the information would cause significant competi-
tive damage. A matter referred to in section 552(b)(4) and relevant to an
administrative or judicial proceeding under this chapter may be disclosed in
that proceeding. A measurement or calculation under section 32904(c) of
this title shall be disclosed under section 552 of title 5 without regard to
section 552(b).
(d) REGULATIONS.—The Administrator may prescribe regulations to
carry out duties of the Administrator under this chapter.
§ 32911. Compliance
(a) GENERAL.—A person commits a violation if the person fails to comply
with this chapter and regulations and standards prescribed and orders is-
sued under this chapter (except sections 32902, 32903, 32908(b), and
32917(b) and regulations and standards prescribed and orders issued under
those sections). The Secretary of Transportation shall conduct a proceeding,
with an opportunity for a hearing on the record, to decide whether a person
has committed a violation. Any interested person may participate in a pro-
ceeding under this subsection.
(b) AUTOMOBILE MANUFACTURERS.—A manufacturer of automobiles
commits a violation if the manufacturer fails to comply with an applicable
average fuel economy standard under section 32902 of this title. Compliance
is determined after considering credits available to the manufacturer under
section 32903 of this title. If average fuel economy calculations under sec-
tion 32904(c) of this title indicate that a manufacturer has violated this
subsection, the Secretary shall conduct a proceeding, with an opportunity
for a hearing on the record, to decide whether a violation has been commit-
ted. The Secretary may not conduct the proceeding if further measurements
398
of fuel economy, further calculations of average fuel economy, or other in-
formation indicates a violation has not been committed. The results of the
measurements and calculations and the information shall be published in
the Federal Register. Any interested person may participate in a proceeding
under this subsection.
§ 32912. Civil penalties
(a) GENERAL PENALTY.—A person that violates section 32911(a) of this
title 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.
(b) PENALTY
FOR MANUFACTURER VIOLATIONS
OF FUEL ECONOMY
STANDARDS.—Except as provided in subsection (c) of this section, a manu-
facturer that violates a standard prescribed for a model year under section
32902 of this title is liable to the Government for a civil penalty of $5 mul-
tiplied by each .1 of a mile a gallon by which the applicable average fuel
economy standard under that section exceeds the average fuel economy—
(1) calculated under section 32904(a)(1)(A) or (B) of this title for
automobiles to which the standard applies manufactured by the manu-
facturer during the model year;
(2) multiplied by the number of those automobiles; and
(3) reduced by the credits available to the manufacturer under sec-
tion 32903 of this title for the model year.
(c) HIGHER PENALTY AMOUNTS.—(1)(A) The Secretary of Transpor-
tation shall prescribe by regulation a higher amount for each .1 of a mile
a gallon to be used in calculating a civil penalty under subsection (b) of this
section, if the Secretary decides that the increase in the penalty—
(i) will result in, or substantially further, substantial energy con-
servation for automobiles in model years in which the increased penalty
may be imposed; and
(ii) will not have a substantial deleterious impact on the economy of
the United States, a State, or a region of a State.
(B) The amount prescribed under subparagraph (A) of this paragraph
may not be more than $10 for each .1 of a mile a gallon.
(C) The Secretary may make a decision under subparagraph (A)(ii) of
this paragraph only when the Secretary decides that it is likely that the in-
crease in the penalty will not—
(i) cause a significant increase in unemployment in a State or a re-
gion of a State;
(ii) adversely affect competition; or
(iii) cause a significant increase in automobile imports.
399
(D) A higher amount prescribed under subparagraph (A) of this para-
graph is effective for the model year beginning at least 18 months after the
regulation stating the higher amount becomes final.
(2) The Secretary shall publish in the Federal Register a proposed regu-
lation under this subsection and a statement of the basis for the regulation
and provide each manufacturer of automobiles a copy of the proposed regu-
lation and the statement. The Secretary shall provide a period of at least
45 days for written public comments on the proposed regulation. The Sec-
retary shall submit a copy of the proposed regulation to the Federal Trade
Commission and request the Commission to comment on the proposed regu-
lation within that period. After that period, the Secretary shall give inter-
ested persons and the Commission an opportunity at a public hearing to
present oral information, views, and arguments and to direct questions
about disputed issues of material fact to—
(A) other interested persons making oral presentations;
(B) employees and contractors of the Government that made written
comments or an oral presentation or participated in the development
or consideration of the proposed regulation; and
(C) experts and consultants that provided information to a person
that the person includes, or refers to, in an oral presentation.
(3) The Secretary may restrict the questions of an interested person and
the Commission when the Secretary decides that the questions are duplica-
tive or not likely to result in a timely and effective resolution of the issues.
A transcript shall be kept of a public hearing under this subsection. A copy
of the transcript and written comments shall be available to the public at
the cost of reproduction.
(4) The Secretary shall publish a regulation prescribed under this sub-
section in the Federal Register with the decisions required under paragraph
(1) of this subsection.
(5) An officer or employee of a department, agency, or instrumentality
of the Government violates section 1905 of title 18 by disclosing, except in
an in camera proceeding by the Secretary or a court, information—
(A) provided to the Secretary or the court during consideration or
review of a regulation prescribed under this subsection; and
(B) decided by the Secretary to be confidential under section 11(d)
of the Energy Supply and Environmental Coordination Act of 1974 (15
U.S.C. 796(d)).
(d) WRITTEN NOTICE REQUIREMENT.—The Secretary shall impose a
penalty under this section by written notice.
400
§ 32913. Compromising and remitting civil penalties
(a) GENERAL AUTHORITY AND LIMITATIONS.—The Secretary of Trans-
portation may compromise or remit the amount of a civil penalty imposed
under section 32912(a) or (b) of this title. However, the amount of a pen-
alty imposed under section 32912(b) may be compromised or remitted only
to the extent—
(1) necessary to prevent the insolvency or bankruptcy of the manu-
facturer of automobiles;
(2) the manufacturer shows that the violation was caused by an act
of God, a strike, or a fire; or
(3) the Federal Trade Commission certifies under subsection (b)(1)
of this section that a reduction in the penalty is necessary to prevent
a substantial lessening of competition.
(b) PENALTY REDUCTION BY COMMISSION.—(1) A manufacturer liable
for a civil penalty under section 32912(b) of this title may apply to the
Commission for a certification that the penalty should be reduced to prevent
a substantial lessening of competition in the segment of the motor vehicle
industry subject to the standard that was violated. The Commission shall
make the certification when it finds that reduction is necessary to prevent
the lessening. The Commission shall state in the certification the maximum
amount by which the penalty may be reduced.
(2) An application under this subsection must be made not later than 30
days after the Secretary decides that the manufacturer has violated section
32911(b) of this title. To the maximum extent practicable, the Commission
shall make a decision on an application by the 90th day after the applica-
tion is filed. A proceeding under this subsection may not delay the manufac-
turer’s liability for the penalty for more than 90 days after the application
is filed.
(3) When a civil penalty is collected in a civil action under this chapter
before a decision of the Commission under this subsection is final, the pay-
ment shall be paid to the court in which the action was brought. The court
shall deposit the payment in the general fund of the Treasury on the 90th
day after the decision of the Commission becomes final. When the court is
holding payment of a penalty reduced under subsection (a)(3) of this sec-
tion, the Secretary shall direct the court to remit the appropriate amount
of the penalty to the manufacturer.
§ 32914. Collecting civil penalties
(a) CIVIL ACTIONS.—If a person does not pay a civil penalty after it be-
comes a final order of the Secretary of Transportation or a judgment of
a court of appeals of the United States for a circuit, the Attorney General
shall bring a civil action in an appropriate district court of the United
401
States to collect the penalty. The validity and appropriateness of the final
order imposing the penalty is not reviewable in the action.
(b) PRIORITY OF CLAIMS.—A claim of a creditor against a bankrupt or
insolvent manufacturer of automobiles has priority over a claim of the Unit-
ed States Government against the manufacturer for a civil penalty under
section 32912(b) of this title when the creditor’s claim is for credit extended
before a final judgment (without regard to section 32913(b)(1) and (2) of
this title) in an action to collect under subsection (a) of this section.
§ 32915. Appealing civil penalties
Any interested person may appeal a decision of the Secretary of Trans-
portation to impose a civil penalty under section 32912(a) or (b) of this
title, or of the Federal Trade Commission under section 32913(b)(1) of this
title, in the United States Court of Appeals for the District of Columbia
Circuit or in the court of appeals of the United States for the circuit in
which the person resides or has its principal place of business. A person ap-
pealing a decision must file a notice of appeal with the court not later than
30 days after the decision and, at the same time, send a copy of the notice
by certified mail to the Secretary or the Commission. The Secretary or the
Commission promptly shall file with the court a certified copy of the record
of the proceeding in which the decision was made.
§ 32916. Reports to Congress
(a) ANNUAL REPORT.—Not later than January 15 of each year, the Sec-
retary of Transportation shall submit to each House of Congress, and pub-
lish in the Federal Register, a report on the review by the Secretary of aver-
age fuel economy standards prescribed under this chapter.
(b) JOINT EXAMINATIONS AFTER GRANTING EXEMPTIONS.—(1) After an
exemption has been granted under section 32904(b)(4) of this title, the Sec-
retaries of Transportation and Labor shall conduct annually a joint exam-
ination of the extent to which section 32904(b)(4)—
(A) achieves the purposes of this chapter;
(B) improves fuel efficiency (thereby facilitating conservation of pe-
troleum and reducing petroleum imports);
(C) has promoted employment in the United States related to auto-
mobile manufacturing;
(D) has not caused unreasonable harm to the automobile manufac-
turing sector in the United States; and
(E) has permitted manufacturers that have assembled passenger
automobiles deemed to be manufactured domestically under section
32904(b)(1)(A) of this title thereafter to assemble in the United States
passenger automobiles of the same model that have less than 75 per-
402
cent of their value added in the United States or Canada, together with
the reasons.
(2) The Secretary of Transportation shall include the results of the exam-
ination under paragraph (1) of this subsection in each report submitted
under subsection (a) of this section more than 180 days after an exemption
has been granted under section 32904(b)(4) of this title, or submit the re-
sults of the examination directly to Congress before the report is submitted
when circumstances warrant.
§ 32917. Standards for executive agency automobiles
(a) DEFINITION.—In this section, ‘‘executive agency’’ has the same mean-
ing given that term in section 105 of title 5.
(b) FLEET AVERAGE FUEL ECONOMY.—(1) The President shall prescribe
regulations that require passenger automobiles leased for at least 60 con-
secutive days or bought by executive agencies in a fiscal year to achieve a
fleet average fuel economy (determined under paragraph (2) of this sub-
section) for that year of at least the greater of—
(A) 18 miles a gallon; or
(B) the applicable average fuel economy standard under section
32902(b) or (c) of this title for the model year that includes January
1 of that fiscal year.
(2) Fleet average fuel economy is—
(A) the total number of passenger automobiles leased for at least 60
consecutive days or bought by executive agencies in a fiscal year (ex-
cept automobiles designed for combat-related missions, law enforcement
work, or emergency rescue work); divided by
(B) the sum of the fractions obtained by dividing the number of
automobiles of each model leased or bought by the fuel economy of that
model.
§ 32918. Preemption
(a) GENERAL.—When an average fuel economy standard prescribed under
this chapter is in effect, a State or a political subdivision of a State may
not adopt or enforce a law or regulation related to fuel economy standards
or average fuel economy standards for automobiles covered by an average
fuel economy standard under this chapter.
(b) REQUIREMENTS MUST BE IDENTICAL.—When a requirement under
section 32908 of this title is in effect, a State or a political subdivision of
a State may adopt or enforce a law or regulation on disclosure of fuel econ-
omy or fuel operating costs for an automobile covered by section 32908 only
if the law or regulation is identical to that requirement.
403
(c) STATE AND POLITICAL SUBDIVISION AUTOMOBILES.—A State or a
political subdivision of a State may prescribe requirements for fuel economy
for automobiles obtained for its own use.
CHAPTER 331—THEFT PREVENTION
Sec.
33101.
Definitions.
33102.
Theft prevention standard for high theft lines.
33103.
Theft prevention standard for other lines.
33104.
Designation of high theft vehicle lines and parts.
33105.
Cost limitations.
33106.
Exemption for passenger motor vehicles equipped with anti-theft devices.
33107.
Voluntary vehicle identification standards.
33108.
Monitoring compliance of manufacturers.
33109.
National Stolen Passenger Motor Vehicle Information System.
33110.
Verifications involving junk and salvage motor vehicles.
33111.
Verifications involving motor vehicle major parts.
33112.
Insurance reports and information.
33113.
Theft reports.
33114.
Prohibited acts.
33115.
Civil penalties and enforcement.
33116.
Confidentiality of information.
33117.
Judicial review.
33118.
Preemption of State and local law.
§ 33101. Definitions
In this chapter—
(1) ‘‘chop shop’’ means a building, lot, facility, or other structure or
premise at which at least one person engages in receiving, concealing,
destroying, disassembling, dismantling, reassembling, or storing a pas-
senger motor vehicle or passenger motor vehicle part that has been un-
lawfully obtained—
(A) to alter, counterfeit, deface, destroy, disguise, falsify, forge,
obliterate, or remove the identity of the vehicle or part, including
the vehicle identification number or a derivative of that number;
and
(B) to distribute, sell, or dispose of the vehicle or part in inter-
state or foreign commerce.
(2) ‘‘covered major part’’ means a major part selected under sections
33102(c)(1) and 33104 of this title for coverage by the vehicle theft
prevention standard prescribed under section 33102 or 33103.
(3) ‘‘existing line’’ means a line introduced into commerce before
January 1, 1990.
(4) ‘‘first purchaser’’ means the person making the first purchase
other than for resale.
(5) ‘‘line’’ means a name that a manufacturer of motor vehicles ap-
plies to a group of motor vehicle models of the same make that have
the same body or chassis, or otherwise are similar in construction or
design.
(6) ‘‘major part’’ means—
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(A) the engine;
(B) the transmission;
(C) each door to the passenger compartment;
(D) the hood;
(E) the grille;
(F) each bumper;
(G) each front fender;
(H) the deck lid, tailgate, or hatchback;
(I) each rear quarter panel;
(J) the trunk floor pan;
(K) the frame or, for a unitized body, the supporting structure
serving as the frame; and
(L) any other part of a passenger motor vehicle that the Sec-
retary of Transportation by regulation specifies as comparable in
design or function to any of the parts listed in subclauses (A)–
(K) of this clause.
(7) ‘‘major replacement part’’ means a major part that is—
(A) an original major part in or on a completed motor vehicle
and customized or modified after manufacture of the vehicle but
before the time of its delivery to the first purchaser; or
(B) not installed in or on a motor vehicle at the time of its de-
livery to the first purchaser and the equitable or legal title to the
vehicle has not been transferred to a first purchaser.
(8) ‘‘model year’’ has the same meaning given that term in section
32901(a) of this title.
(9) ‘‘new line’’ means a line introduced into commerce after Decem-
ber 31, 1989.
(10) ‘‘passenger motor vehicle’’ includes a multipurpose passenger
vehicle or light duty truck when that vehicle or truck is rated at not
more than 6,000 pounds gross vehicle weight.
(11) ‘‘vehicle theft prevention standard’’ means a minimum perform-
ance standard for identifying major parts of new motor vehicles and
major replacement parts by inscribing or affixing numbers or symbols
on those parts.
§ 33102. Theft prevention standard for high theft lines
(a) GENERAL.—(1) The Secretary of Transportation by regulation shall
prescribe a vehicle theft prevention standard that conforms to the require-
ments of this chapter. The standard shall apply to—
(A) covered major parts that manufacturers install in passenger
motor vehicles in lines designated under section 33104 of this title as
high theft lines; and