215
(1) acquire, operate, maintain, and make contracts for the operation
of equipment and facilities necessary for commuter rail passenger
transportation;
(2) conduct research and development related to the mission of Am-
trak Commuter; and
(3) issue common stock to Amtrak.
(b) OPERATION AND CONTROL.—To the extent consistent with this part
and with an agreement with a commuter authority, Amtrak Commuter shall
operate and control all aspects of the commuter rail passenger transpor-
tation it provides.
(c) AGREEMENT TO AVOID DUPLICATING EMPLOYEE FUNCTIONS.—To
the maximum extent practicable, Amtrak Commuter and Amtrak shall make
an agreement that avoids duplicating employee functions and voluntarily es-
tablishes a consolidated work force.
§ 24505. Commuter rail passenger transportation
(a) GENERAL AUTHORITY.—Amtrak Commuter—
(1) shall provide commuter rail passenger transportation that the
Consolidated Rail Corporation was obligated to provide on August 13,
1981, under section 303(b)(2) or 304(e) of the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 743(b)(2), 744(e)); and
(2) may provide other commuter rail passenger transportation if the
commuter authority for which the transportation will be provided offers
to provide a commuter rail passenger transportation payment equal to
the—
(A) avoidable costs of providing the transportation (including
the avoidable cost of necessary capital improvements) and a rea-
sonable return on the value; less
(B) revenue attributable to the transportation.
(b) OFFER REQUIREMENTS.—(1) A commuter authority making an offer
under subsection (a)(2) of this section shall—
(A) show that it has obtained access to all rail property necessary
to provide the additional commuter rail passenger transportation; and
(B) make the offer according to regulations the Rail Services Plan-
ning Office prescribes under section 10362(b)(5)(A) and (6) of this
title.
(2) The Office may revise and update the regulations when necessary to
carry out this section.
(c) ADDITIONAL EMPLOYEE REQUIREMENTS.—Additional employee re-
quirements shall be met through existing seniority arrangements agreed to
in the implementing agreement negotiated under section 508 of the Rail
Passenger Service Act.
216
(d) WHEN OBLIGATION DOES NOT APPLY.—Amtrak Commuter is not
obligated to provide commuter rail passenger transportation if a commuter
authority provides the transportation or makes a contract under which a
person, except Amtrak Commuter, will provide the transportation. When ap-
propriate, Amtrak Commuter shall give the authority or person access to
the rail property needed to provide the transportation.
(e) DISCONTINUANCE
OF COMMUTER RAIL PASSENGER TRANSPOR-
TATION.—(1) Amtrak Commuter may discontinue commuter rail passenger
transportation provided under this section on 60 days’ notice if—
(A) a commuter authority does not offer a commuter rail passenger
transportation payment under subsection (a)(2) of this section; or
(B) a payment is not paid when due.
(2) The Office shall prescribe regulations on the necessary contents of the
notice required under this subsection.
(f) COMPENSATION FOR RIGHT-OF-WAY RELATED COSTS.—Compensa-
tion by a commuter authority to Amtrak or Amtrak Commuter for right-
of-way related costs for transportation over property Amtrak owns shall be
determined under a method the Interstate Commerce Commission estab-
lishes under section 1163 of the Omnibus Budget Reconciliation Act of
1981 (45 U.S.C. 1111) or to which the parties agree.
(g) APPLICATION OF OTHER LAWS.—All laws related to commuter rail
passenger transportation apply to a commuter authority providing com-
muter rail passenger transportation under this section.
§ 24506. Certain duties and powers unaffected
This chapter does not affect a duty or power of the Consolidated Rail
Corporation or its successor and any bi-state commuter authority under an
agreement, lease, or contract under which property was conveyed to the Cor-
poration under the Regional Rail Reorganization Act of 1973 (45 U.S.C.
701 et seq.).
CHAPTER 247—AMTRAK ROUTE SYSTEM
Sec.
24701.
Operation of basic system.
24702.
Improving rail passenger transportation.
24703.
Route and service criteria.
24704.
Transportation requested by States, authorities, and other persons.
24705.
Additional qualifying routes.
24706.
Discontinuance.
24707.
Cost and performance review.
24708.
Special commuter transportation.
24709.
International transportation.
§ 24701. Operation of basic system
(a) BY AMTRAK.—Amtrak shall provide intercity rail passenger transpor-
tation within the basic system unless the transportation is provided by—
(1) a rail carrier with which Amtrak did not make a contract under
section 401(a) of the Rail Passenger Service Act; or
217
(2) a regional transportation authority under contract with Amtrak.
(b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided in
section 24306 of this title, a person may provide intercity rail passenger
transportation over a route over which Amtrak provides scheduled intercity
rail passenger transportation under a contract under section 401(a) of the
Act only with the consent of Amtrak.
§ 24702. Improving rail passenger transportation
(a) PLAN TO IMPROVE TRANSPORTATION.—Amtrak shall continue to
carry out its plan, submitted under section 305(f) of the Rail Passenger
Service Act, to improve intercity rail passenger transportation provided in
the basic system. The plan shall include—
(1) a zero-based assessment of all operating practices;
(2) changes to achieve the minimum use of employees consistent with
safe operations and adequate transportation;
(3) a systematic program for achieving the greatest ratio of train
size to passenger demand;
(4) a systematic program to reduce trip time in the basic system;
(5) establishing training programs to achieve on-time departures;
(6) establishing priorities for passenger trains over freight trains;
(7) adjusting the buying and pricing of food and beverages so that
food and beverage services ultimately will be profitable;
(8) cooperative marketing opportunities between Amtrak and govern-
mental authorities that have intercity rail passenger transportation;
and
(9) cooperative marketing campaigns sponsored by Amtrak and the
Secretary of Energy, the Administrator of the Federal Highway Ad-
ministration, and the Administrator of the Environmental Protection
Agency.
(b) STATE AND LOCAL SPEED RESTRICTIONS.—Amtrak shall—
(1) identify any speed restriction a State or local government im-
poses on a train of Amtrak that Amtrak decides impedes Amtrak from
achieving high-speed intercity rail passenger transportation; and
(2) consult with that State or local government—
(A) to evaluate alternatives to the speed restriction, considering
the local safety hazard that is the basis for the restriction; and
(B) to consider modifying or eliminating the restriction to allow
safe operation at higher speeds.
(c) HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On reason-
able request by a State, political subdivision of a State, regional partner-
ship, private sector representative, or other qualified person, Amtrak shall
consult and cooperate to the extent feasible with that person to assist the
218
efforts of that person to achieve high-speed rail transportation through
equipment upgrades, grade-crossing safety improvements, and incremental
infrastructure improvements on existing rail facilities that Amtrak uses (ex-
cept the Northeast Corridor facilities). Not later than September 30, 1993,
Amtrak shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on its efforts under this subsection.
(d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or improve
appropriate rail passenger transportation on a route between corridors that
Amtrak decides is justified because it will increase ridership on trains of
Amtrak on the route and in the connecting corridors.
§ 24703. Route and service criteria
(a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as provided in
this part, route discontinuances and route additions shall comply with the
route and service criteria.
(b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS.—(1) Amtrak
shall submit to Congress a draft of an amendment to the route and service
criteria when Amtrak decides an amendment is appropriate. The amend-
ment is effective at the end of the first period of 120 calendar days of con-
tinuous session of Congress after it is submitted unless there is enacted into
law during the period a joint resolution stating Congress does not approve
the amendment.
(2) In this subsection—
(A) a continuous session of Congress is broken only by an adjourn-
ment sine die; and
(B) the 120-day period does not include days on which either House
is not in session because of adjournment of more than 3 days to a day
certain.
(c) NONAPPLICATION.—The route and service criteria do not apply to—
(1) increasing or, because of construction schedules or other tem-
porary disruptive facts or seasonal fluctuations in ridership, decreasing
the number of trains on an existing route or a part of an existing route
or on a route on which additional trains are being tested;
(2) carrying out the recommendations developed under section 4 of
the Amtrak Improvement Act of 1978;
(3) rerouting transportation between major population centers on an
existing route; or
(4)(A) modifying transportation operations under section 24707(a)
of this title; and
(B) modifying the route system or discontinuing transportation
under section 24707(b) of this title.
219
§ 24704. Transportation requested by States, authorities,
and other persons
(a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1) A State,
a regional or local authority, or another person may apply to Amtrak and
request Amtrak to provide rail passenger transportation or keep any part
of a train, route, or service that Amtrak intends to discontinue under sec-
tion 24706(a) or (b) or 24707(a) or (b) of this title. An application shall—
(A) assure Amtrak that the State, authority, or person has sufficient
resources to meet its share of the cost of the transportation for the
time the transportation will be provided;
(B) contain a market analysis acceptable to Amtrak to ensure that
there is adequate demand for the transportation; and
(C) commit the State, authority, or person to provide at least 45 per-
cent of the short term avoidable loss of providing the transportation
the first year the transportation is provided and at least 65 percent of
the short term avoidable loss each of the following years, and, except
as provided in section 24104(a) of this title, at least 50 percent of as-
sociated capital costs each year the transportation is provided.
(2) An application submitted by more than one State shall be considered
in the same way as an application submitted by one State, without it being
necessary for each State to comply with paragraph (1) of this subsection.
(b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each applica-
tion submitted under subsection (a) of this section to decide whether—
(A) the application complies with subsection (a); and
(B) there is a reasonable probability that Amtrak can provide the
transportation from available resources.
(2) Amtrak may make an agreement with an applicant under this section
to begin or keep the transportation if Amtrak decides that the transpor-
tation can be provided with resources available to Amtrak. An agreement
may be renewed for additional periods of not more than 2 years each.
(c) SELECTING AMONG COMPETING APPLICATIONS.—If more than one
application is made for transportation consistent with the requirements of
subsection (a) of this section, but all the transportation applied for cannot
be provided with the available resources of Amtrak, the board of directors
of Amtrak shall select the transportation that best serves the public interest
and can be provided with the available resources of Amtrak.
(d) FARE INCREASES.—(1) Before increasing a fare applicable to trans-
portation provided under subsection (b)(2) of this section by more than 5
percent during a 6-month period, Amtrak shall consult with officials of each
State affected by the increase and explain why the increase is necessary.
220
(2) Except as provided in paragraph (3) of this subsection, a fare in-
crease described in paragraph (1) of this subsection takes effect 90 days
after Amtrak first consults with the affected States. However, not later than
30 days after the first consultation, a State may submit proposals to Am-
trak for reducing costs and increasing revenues of the transportation. Am-
trak shall consider the proposals in deciding how much of the proposed in-
crease shall go into effect.
(3)(A) Amtrak may increase a fare without regard to the restrictions of
this subsection during—
(i) the first month of a fiscal year if the authorization of appropria-
tions and the appropriations for Amtrak are not enacted at least 90
days before the beginning of the fiscal year; or
(ii) the 30 days following enactment of an appropriation for Amtrak
or a rescission of an appropriation.
(B) Amtrak shall notify each affected State of an increase under subpara-
graph (A) of this paragraph as soon as possible after Amtrak decides to
increase a fare.
(e) DETERMINING LOSS, COSTS, AND REVENUES.—After consulting with
officials of each State contributing to providing transportation under sub-
section (b)(2) of this section, the board shall establish the basis for deter-
mining short term avoidable loss and associated capital costs of, and reve-
nues from, the transportation. Amtrak shall give State officials the basis for
determining the loss, cost, and revenue for each route on which transpor-
tation is provided under subsection (b)(2).
(f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak under an
agreement with an applicant under subsection (b)(2) of this section that are
allocated for associated capital costs remain available until expended.
(g) ADVERTISING AND PROMOTION.—At least 2 percent but not more
than 5 percent of the revenue generated by transportation provided under
subsection (b)(2) of this section shall be used for advertising and promotion
at the local level.
§ 24705. Additional qualifying routes
(a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To maintain a
national intercity rail passenger system in the United States and if a reduc-
tion in operating expenses can be achieved, Amtrak shall provide rail pas-
senger transportation over each route the Secretary of Transportation rec-
ommended be discontinued under section 4 of the Amtrak Improvement Act
of 1978 and may restructure a route to serve a major population center as
an ending place or principal intermediate place. Transportation over a long
distance route shall be maintained if the Amtrak estimate for the fiscal year
ending September 30, 1980, was that the short term avoidable loss for each
221
passenger mile on the route was not more than 7 cents. Transportation over
a short distance route shall be maintained if the Amtrak estimate for the
fiscal year ending September 30, 1980, was that the short term avoidable
loss for each passenger mile on the route was not more than 9 cents.
(2) For all routes, Amtrak shall calculate short term avoidable loss for
each passenger-mile based on consistently defined factors. Calculations shall
be based on the most recent available statistics for a 90-day period, except
that Amtrak may use historical information adjusted to reflect the most re-
cent available statistics.
(b) DEFERRAL OF SECRETARY’S RECOMMENDATIONS.—(1) To provide
equivalent or improved transportation consistent with the goals of section
4(a) of the Act, Amtrak may defer carrying out a recommendation of the
Secretary under section 4 of the Act that requires providing transportation
over a rail line not used in intercity rail passenger transportation on May
24, 1979, requires using a new facility, or requires making a new labor
agreement, until any necessary capital improvements are made in the line
or facility or the agreement is made.
(2) Notwithstanding another law and the route and service criteria, dur-
ing the period a decision of the Secretary under section 4 of the Act is de-
ferred, Amtrak shall provide substitute transportation over existing routes
recommended for restructuring and over other existing feasible routes. Ex-
cept for transportation concentrating on commuter ridership over a short
haul route, transportation provided under this paragraph may be provided
only if the route complies with subsection (a) of this section, adjusted to
reflect constant 1979 dollars.
(c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding this part,
Amtrak may provide short haul trains on additional routes totaling not
more than 200 miles that link at least 2 major metropolitan areas—
(1) on a demonstration basis to establish the feasibility and benefits
of the transportation; and
(2) to the extent available resources allow.
(d) ROUTES DISCONTINUED BY RAIL CARRIERS.—Amtrak may undertake
to provide rail passenger transportation between places served by a rail car-
rier filing a notice of discontinuance under section 10908 or 10909 of this
title.
§ 24706. Discontinuance
(a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in subsection
(b) of this section, at least 90 days before a discontinuance under section
24704 or 24707(a) or (b) of this title, Amtrak shall give notice of the dis-
continuance in the way Amtrak decides will give a State, a regional or local
222
authority, or another person the opportunity to agree to share the cost of
any part of the train, route, or service to be discontinued.
(2) Notice of the discontinuance under section 24704 or 24707(a) or (b)
of this title shall be posted in all stations served by the train to be discon-
tinued at least 14 days before the discontinuance.
(b) DISCONTINUANCE FOR LACK OF APPROPRIATIONS.—(1) Amtrak may
discontinue service under section 24704 or 24707(a) or (b) of this title dur-
ing—
(A) the first month of a fiscal year if the authorization of appropria-
tions and the appropriations for Amtrak are not enacted at least 90
days before the beginning of the fiscal year; and
(B) the 30 days following enactment of an appropriation for Amtrak
or a rescission of an appropriation.
(2) Amtrak shall notify each affected State or regional or local transpor-
tation authority of a discontinuance under this subsection as soon as pos-
sible after Amtrak decides to discontinue the service.
(c) EMPLOYEE PROTECTIVE ARRANGEMENTS.—(1) Amtrak or a rail car-
rier (including a terminal company) shall provide fair and equitable arrange-
ments to protect the interests of employees of Amtrak or a rail carrier, as
the case may be, affected by a discontinuance of intercity rail passenger
service, including a discontinuance of service provided by a rail carrier
under a facility or service agreement under section 24308(a) of this title
under a modification or ending of the agreement or because Amtrak begins
providing that service. Arrangements shall include provisions that may be
necessary for—
(A) the preservation of rights, privileges, and benefits (including con-
tinuation of pension rights and benefits) under existing collective bar-
gaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening of
their positions related to employment;
(D) assurances of priority of reemployment of employees whose em-
ployment is ended or who are laid off; and
(E) paid training and retraining programs.
(2) With respect to Amtrak’s obligations under this subsection and in an
agreement to carry out this subsection involving only Amtrak and its em-
ployees, a discontinuance of intercity rail passenger service does not include
an adjustment in frequency, or seasonal suspension of intercity rail pas-
senger trains that causes a temporary suspension of service, unless the ad-
justment or suspension reduces passenger train operations on a particular
223
route to fewer than 3 round trips a week at any time during a calendar
year.
(3) Arrangements under this subsection shall provide benefits at least
equal to benefits established under section 11347 of this title.
(4) A contract under this chapter or section 24308(a) of this title shall
specify the terms of protective arrangements.
(5) This subsection does not impose on Amtrak an obligation of a rail
carrier related to a right, privilege, or benefit earned by an employee be-
cause of previous service performed for the carrier.
(6) This subsection does not apply to Amtrak Commuter.
§ 24707. Cost and performance review
(a) ROUTE REVIEWS.—Amtrak shall review annually each route in the
basic system to decide if the route meets the long distance or short distance
route criterion, as appropriate, under section 24705(a)(1) of this title, ad-
justed to reflect constant 1979 dollars. The review shall include an evalua-
tion of the potential market demand for, and the cost of providing transpor-
tation on, a part of the route and an alternative route. Amtrak shall submit
the results of the review to the House of Representatives, the Senate, and
the Secretary of Transportation. If Amtrak decides that a route will not
meet the criterion under section 24705(a)(1), as adjusted, Amtrak shall
modify or discontinue rail passenger transportation operations on the route
so that it will meet the criterion.
(b) FINANCIAL REQUIREMENTS AND PERFORMANCE STANDARDS.—Not
later than 30 days after the beginning of each fiscal year, Amtrak shall
evaluate the financial requirements for operating the basic system and the
progress in achieving the system-wide performance standards prescribed
under this part during the fiscal year. If Amtrak decides amounts available
for the fiscal year are not enough to meet estimated operating costs, or if
Amtrak estimates it cannot meet the performance standards, Amtrak shall
act to reduce costs and improve performance. Action under this subsection
shall be designed to continue the maximum level of transportation prac-
ticable, including—
(1) changing the frequency of transportation;
(2) increasing fares;
(3) reducing the cost of sleeper car and dining car service on certain
routes;
(4) increasing the passenger capacity of cars used on certain routes;
and
(5) modifying the route system or discontinuing transportation over
routes, considering short term avoidable loss and the number of pas-
sengers served on those routes.
224
(c) COST LIMITATIONS AND REVENUE GOALS.—Annual costs of Amtrak
may not be more than amounts, including grants made under section 24104
of this title, contributions of States, regional and local authorities, and other
persons, and revenues, available to Amtrak in the fiscal year. Amtrak annu-
ally shall set a goal of recovering an amount so that its revenues, including
contributions, is at least 61 percent of its costs, except capital costs.
(d) CONDUCTOR REPORTS.—To assess the operational performance of
trains, the President of Amtrak may direct the conductor on any train of
Amtrak to report to Amtrak any inadequacy of train operation. The report
shall be signed by the conductor, contain sufficient information to locate
equipment or personnel failures, and be submitted promptly to Amtrak.
§ 24708. Special commuter transportation
(a) TRANSPORTATION TO BE CONTINUED IF CRITERION MET.—Amtrak
shall continue to provide rail passenger transportation provided under sec-
tion 403(d) of the Rail Passenger Service Act before October 1, 1981, if,
after considering estimated fare increases and State and local contributions
to the transportation, the transportation meets the short distance route cri-
terion under section 24705(a)(1) of this title, as adjusted. Transportation
continued under this section shall be financed consistent with the method
of financing in effect on September 30, 1981. If the transportation is not
estimated to meet the criterion, as adjusted, Amtrak may modify or dis-
continue the transportation so that the criterion is met.
(b) TRANSPORTATION WITH SHORT-TERM AVOIDABLE LOSS.—Notwith-
standing subsection (a) of this section, if after September 30, 1993, and be-
fore October 1, 1995, transportation provided under subsection (a) on a
route during the prior 6 months has a short-term avoidable loss (excluding
the cost of providing passenger equipment needed to provide the transpor-
tation), Amtrak may choose to consider modifying or discontinuing the
transportation. If Amtrak does make such a choice, Amtrak shall solicit
public comment for at least 30 days on alternatives to the modification or
discontinuance. Not later than 60 days after the comment period ends, Am-
trak may modify or discontinue the transportation so that there is no short-
term avoidable loss under this section for providing the transportation on
the route.
§ 24709. International transportation
Amtrak may develop and operate international intercity rail passenger
transportation between the United States and Canada and between the
United States and Mexico. The Secretary of the Treasury and the Attorney
General, in cooperation with Amtrak, shall maintain, consistent with the ef-
fective enforcement of the immigration and customs laws, en route customs
225
inspection and immigration procedures for international intercity rail pas-
senger transportation that will—
(1) be convenient for passengers; and
(2) result in the quickest possible international intercity rail pas-
senger transportation.
CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT
PROGRAM
Sec.
24901.
Definitions.
24902.
Goals and requirements.
24903.
Program master plan for Boston-New York main line.
24904.
General authority.
24905.
Coordination board and safety committee.
24906.
Eliminating highway at-grade crossings.
24907.
Note and mortgage.
24908.
Transfer taxes and levies and recording charges.
24909.
Authorization of appropriations.
§ 24901. Definitions
In this chapter—
(1) ‘‘final system plan’’ means the final system plan (including addi-
tions) adopted by the United States Railway Association under the Re-
gional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(2) ‘‘rail carrier’’ means an express carrier and a rail carrier as de-
fined in section 10102 of this title, including Amtrak.
§ 24902. Goals and requirements
(a) NORTHEAST CORRIDOR IMPROVEMENT PLAN.—To the extent of
amounts appropriated under section 24909 of this title, Amtrak shall carry
out a Northeast Corridor improvement program to achieve the following
goals:
(1) establish not later than September 30, 1985, regularly scheduled
and dependable intercity rail passenger transportation between—
(A) Boston, Massachusetts, and New York, New York, in not
more than 3 hours and 40 minutes, including intermediate stops;
and
(B) New York, New York, and the District of Columbia, in not
more than 2 hours and 40 minutes, including intermediate stops;
(2) improve facilities, under route criteria approved by Congress, on
routes to Harrisburg, Pennsylvania, Albany, New York, and Atlantic
City, New Jersey, from the Northeast Corridor main line, and to Bos-
ton, Massachusetts, and New Haven, Connecticut, from Springfield,
Massachusetts, to make those facilities more compatible with improved
high-speed transportation provided on the Northeast Corridor main
line;
(3) improve nonoperational parts of stations, related facilities, and
fencing used in intercity rail passenger transportation;
226
(4) facilitate improvements in, and usage of, commuter rail pas-
senger, rail rapid transit, and local public transportation, to the extent
compatible with clauses (1)–(3) of this subsection and subsections (f)
and (h) of this section;
(5) maintain and improve rail freight transportation in or adjacent
to the Northeast Corridor and through-freight transportation in the
Northeast Corridor, to the extent compatible with clauses (1)–(4) of
this subsection and subsections (f) and (h) of this section;
(6) continue and improve passenger radio mobile telephone service on
high-speed rail passenger transportation between Boston, Massachu-
setts, and the District of Columbia, to the extent compatible with
clauses (1)–(3) of this subsection and subsections (f) and (h) of this
section; and
(7) eliminate to the maximum extent practicable congestion in rail
freight and rail passenger transportation at the Baltimore and Potomac
Tunnel in Baltimore, Maryland, by rehabilitating and improving the
tunnel and the rail lines approaching the tunnel.
(b) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operat-
ing costs, pricing policies, and other factors with the goal of having revenues
derived each fiscal year from providing intercity rail passenger transpor-
tation over the Northeast Corridor route between the District of Columbia
and Boston, Massachusetts, equal at least the operating costs of providing
that transportation in that fiscal year.
(c) COST SHARING FOR NONOPERATIONAL FACILITIES.—(1) Fifty per-
cent of the cost of improvements under subsection (a)(3) of this section
shall be paid by a State, local or regional transportation authority or other
responsible party. However, Amtrak may finance entirely a safety-related
improvement.
(2) When a part of the cost of improvements under subsection (a)(3) of
this section will be paid by a responsible party under paragraph (1) of this
subsection, Amtrak may make an agreement with the party under which
Amtrak—
(A) shall carry out the improvements with amounts appropriated
under section 24909 of this title and the party shall reimburse Amtrak;
and
(B) to the extent provided in an appropriation law, may incur obliga-
tions for contracts to carry out the improvements in anticipation of re-
imbursement.
(3) Amounts reimbursed to Amtrak under paragraph (2) of this sub-
section shall be credited to the appropriation originally charged for the cost
of the improvements and are available for further obligation.
227
(d) PASSENGER RADIO MOBILE TELEPHONE SERVICE.—The President
and departments, agencies, and instrumentalities of the United States Gov-
ernment shall assist Amtrak under subsection (a)(6) of this section, subject
to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and radio serv-
ices standards, when the Federal Communications Commission decides the
assistance is in the public interest, convenience, and necessity.
(e) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When se-
lecting and scheduling specific projects, Amtrak shall apply the following
considerations, in the following order of priority:
(1) Safety-related items should be completed before other items be-
cause the safety of the passengers and users of the Northeast Corridor
is paramount.
(2) Activities that benefit the greatest number of passengers should
be completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be em-
phasized.
(4) Trip-time requirements of this section must be achieved to the
extent compatible with the priorities referred to in paragraphs (1)–(3)
of this subsection.
(5) Improvements that will pay for the investment by achieving lower
operating or maintenance costs should be carried out before other im-
provements.
(6) Construction operations should be scheduled so that the fewest
possible passengers are inconvenienced, transportation is maintained,
and the on-time performance of Northeast Corridor commuter rail pas-
senger and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide
immediate benefits to users of the Northeast Corridor.
(f) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF
MAXIMUM LABOR BENEFITS.—Improvements under this section shall be
compatible with future improvements in transportation and shall produce
the maximum labor benefit from hiring individuals presently unemployed.
(g) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the
Northeast Corridor main line or between the main line and Atlantic City
shall be equipped with an automatic train control system designed to slow
or stop the train in response to an external signal.
(h) HIGH-SPEED TRANSPORTATION.—If practicable, Amtrak shall estab-
lish intercity rail passenger transportation in the Northeast Corridor that
carries out section 703(1)(E) of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).
228
(i) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and
reliable equipment compatible with track, operating, and marketing charac-
teristics of the Northeast Corridor, including the capability to meet reliable
trip times under section 703(1)(E) of the Railroad Revitalization and Regu-
latory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly
scheduled revenue transportation in the Corridor, when the Northeast Cor-
ridor improvement program is completed. Amtrak must decide that equip-
ment complies with this subsection before buying equipment with financial
assistance of the Government. Amtrak shall submit a request for an author-
ization of appropriations for production of the equipment.
(j) AGREEMENTS
FOR OFF-CORRIDOR ROUTING
OF RAIL FREIGHT
TRANSPORTATION.—(1) Amtrak may make an agreement with a rail freight
carrier or a regional transportation authority under which the carrier will
carry out an alternate off-corridor routing of rail freight transportation over
rail lines in the Northeast Corridor between the District of Columbia and
New York metropolitan areas, including intermediate points. The agreement
shall be for at least 5 years.
(2) Amtrak shall apply to the Interstate Commerce Commission for ap-
proval of the agreement and all related agreements accompanying the appli-
cation as soon as the agreement is made. If the Commission finds that ap-
proval is necessary to carry out this chapter, the Commission shall approve
the application and related agreements not later than 90 days after receiv-
ing the application.
(3) If an agreement is not made under paragraph (1) of this subsection,
Amtrak, with the consent of the other parties, may apply to the Interstate
Commerce Commission. Not later than 90 days after the application, the
Commission shall decide on the terms of an agreement if it decides that
doing so is necessary to carry out this chapter. The decision of the Commis-
sion is binding on the other parties.
(k) COORDINATION.—(1) The Secretary of Transportation shall coordi-
nate—
(A) transportation programs related to the Northeast Corridor to en-
sure that the programs are integrated and consistent with the North-
east Corridor improvement program; and
(B) amounts from departments, agencies, and instrumentalities of
the Government to achieve urban redevelopment and revitalization in
the vicinity of urban rail stations in the Northeast Corridor served by
intercity and commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance with this section, the
Secretary may deny financing to a noncomplying program until the non-
compliance is corrected.
229
(l) COMPLETION.—Amtrak shall give the highest priority to completing
the program.
§ 24903. Program master plan for Boston-New York main
line
(a) CONTENTS.—Not later than October 27, 1993, in consultation with
Amtrak and the commuter and freight rail carriers operating over the
Northeast Corridor main line between Boston, Massachusetts, and New
York, New York, the Secretary of Transportation shall submit to the Com-
mittee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a pro-
gram master plan for a coordinated program of improvements to that main
line that will allow the establishment of regularly scheduled, safe, and de-
pendable rail passenger transportation between Boston, Massachusetts, and
New York, New York, in not more than 3 hours, including intermediate
stops. The plan shall include—
(1) a description of the implications of the improvements for the re-
gional transportation system, including the probable effects on general
travel trends and on travel volumes in other transportation modes and
the implications for State and local governments in achieving compli-
ance with the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) an identification of the coordinated program of improvements
and the specific projects of that program, including the estimated costs,
schedules, timing, and relationship of those projects with other
projects;
(3) an identification of the financial responsibility for the specific
projects of that program and the sources of the amounts for the
projects;
(4) an operating plan for the construction period of the improve-
ments that shows a coordinated approach to scheduling intercity and
commuter trains;
(5) an operating plan for the coordinated scheduling of intercity and
commuter trains for the period after the program is completed, includ-
ing priority scheduling, dispatching, and occupancy of tracks for appro-
priately frequent, regularly scheduled intercity rail passenger transpor-
tation between Boston, Massachusetts, and New York, New York, in
not more than 3 hours, including intermediate stops;
(6) a comprehensive plan to control future congestion in the North-
east Corridor attributable to increases in intercity and commuter rail
passenger transportation;
(7) an assessment of long-term operational safety needs and a list
of specific projects designed to maximize operational safety; and
230
(8) comments that Amtrak submits to the Secretary on the plan.
(b) SUBMITTING MODIFICATIONS OF PLAN TO CONGRESS.—The Sec-
retary shall submit to Congress any modification made to the program mas-
ter plan and comments that Amtrak submits on the modification.
§ 24904. General authority
(a) GENERAL.—To carry out this chapter and the Regional Rail Reorga-
nization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—
(1) acquire, maintain, and dispose of any interest in property used
to provide improved high-speed rail transportation under section 24902
of this title;
(2) acquire any interest in real property that Amtrak considers nec-
essary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and commuter
rail passenger transportation over property acquired under this section;
(4) improve rail rights of way between Boston, Massachusetts, and
the District of Columbia (including the route through Springfield, Mas-
sachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New
York, from the Northeast Corridor main line) to achieve the goals of
section 24902 of providing improved high-speed rail passenger trans-
portation between Boston, Massachusetts, and the District of Colum-
bia, and intermediate intercity markets;
(5) acquire, build, improve, and install passenger stations, commu-
nications and electric power facilities and equipment, public and private
highway and pedestrian crossings, and other facilities and equipment
necessary to provide improved high-speed rail passenger transportation
over rights of way improved under clause (4) of this subsection;
(6) make agreements with other carriers and commuter authorities
to grant, acquire, or make arrangements for rail freight or commuter
rail passenger transportation over, rights of way and facilities acquired
under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
et seq.) and the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.);
(7) appoint a general manager of the Northeast Corridor improve-
ment program; and
(8) make agreements with telecommunications common carriers, sub-
ject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to
continue existing, and establish new and improved, passenger radio mo-
bile telephone service in the high-speed rail passenger transportation
area specified in section 24902(a)(1) and (2).
231
(b) COMPENSATORY AGREEMENTS.—Rail freight and commuter rail pas-
senger transportation provided under subsection (a)(3) of this section shall
be provided under compensatory agreements with the responsible carriers.
(c) COMPENSATION FOR TRANSPORTATION OVER CERTAIN RIGHTS OF
WAY AND FACILITIES.—(1) An agreement under subsection (a)(6) of this
section shall provide for reasonable reimbursement of costs but may not
cross-subsidize intercity rail passenger, commuter rail passenger, and rail
freight transportation.
(2) If the parties do not agree, the Interstate Commerce Commission
shall order that the transportation continue over facilities acquired under
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and
the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.) and shall determine compensation (without allowing cross-sub-
sidization between intercity rail passenger and rail freight transportation)
for the transportation not later than 120 days after the dispute is submit-
ted. The Commission shall assign to a rail freight carrier obtaining trans-
portation under this subsection the costs Amtrak incurs only for the benefit
of the carrier, plus a proportionate share of all other costs of providing
transportation under this paragraph incurred for the common benefit of
Amtrak and the carrier. The proportionate share shall be based on relative
measures of volume of car operations, tonnage, or other factors that reason-
ably reflect the relative use of rail property covered by this subsection.
(3) This subsection does not prevent the parties from making an agree-
ment under subsection (a)(6) of this section after the Commission makes
a decision under this subsection.
§ 24905. Coordination board and safety committee
(a) NORTHEAST CORRIDOR COORDINATION BOARD.—(1) The Northeast
Corridor Coordination Board is composed of the following members:
(A) one individual from each commuter authority (as defined in sec-
tion 1135(a) of the Omnibus Budget Reconciliation Act of 1981 (45
U.S.C. 1104)) that provides or makes a contract to provide commuter
rail passenger transportation over the main line of the Northeast Cor-
ridor.
(B) 2 individuals selected by Amtrak.
(C) one individual selected by the Consolidated Rail Corporation.
(2) The Board shall recommend to Amtrak—
(A) policies that ensure equitable access to the Northeast Corridor,
considering the need for equitable access by commuter and intercity
rail passenger transportation and the requirements of section 24308(c)
of this title; and
(B) equitable policies for the Northeast Corridor related to—
232
(i) dispatching;
(ii) public information;
(iii) maintaining equipment and facilities;
(iv) major capital facility investments; and
(v) harmonizing equipment acquisitions, rates, and schedules.
(3) The Board may recommend to the board of directors and President
of Amtrak action necessary to resolve differences on providing transpor-
tation, except for facilities and transportation matters under section
24308(a) or 24904(a)(5) and (c) of this title.
(b) NORTHEAST CORRIDOR SAFETY COMMITTEE.—(1) The Northeast
Corridor Safety Committee is composed of members appointed by the Sec-
retary of Transportation. The members shall be representatives of—
(A) the Secretary;
(B) Amtrak;
(C) freight carriers operating more than 150,000 train miles a year
on the main line of the Northeast Corridor;
(D) commuter agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary decides have
a significant interest in rail safety.
(2) The Secretary shall consult with the Committee about safety improve-
ments on the Northeast Corridor main line. The Committee shall meet at
least once every 2 years to consider safety matters on the main line.
(3) At the beginning of the first session of each Congress, the Secretary
shall submit a report to Congress on the status of efforts to improve safety
on the Northeast Corridor main line. The report shall include the safety rec-
ommendations of the Committee and the comments of the Secretary on
those recommendations.
(4) The Committee shall cease to exist on January 1, 1999, or on another
date the Secretary decides is appropriate. The Secretary shall notify Con-
gress in writing of a decision to terminate the Committee on another date.
§ 24906. Eliminating highway at-grade crossings
(a) PLAN.—In consultation with the States on the main line of the North-
east Corridor, the Secretary of Transportation shall develop a plan not later
than September 30, 1993, to eliminate all highway at-grade crossings of the
main line by not later than December 31, 1997. The plan may provide that
eliminating a crossing is not required if—
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the Secretary
considers appropriate to ensure safety.
233
(b) AMTRAK’S SHARE OF COSTS.—Amtrak shall pay 20 percent of the
cost of eliminating each highway at-grade crossing under the plan.
§ 24907. Note and mortgage
(a) GENERAL AUTHORITY.—To secure amounts expended by the United
States Government to acquire and improve rail property designated under
section 206(c)(1)(C) and (D) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 716(c)(1)(C) and (D)), the Secretary of Transportation
may obtain a note of indebtedness from, and make a mortgage agreement
with, Amtrak to establish a mortgage lien on the property for the Govern-
ment. The note and mortgage may not supersede section 24904 of this title.
(b) EXEMPTIONS FROM LAWS AND REGULATIONS.—The note and agree-
ment under subsection (a) of this section, and a transaction related to the
note or agreement, are exempt from any United States, State, or local law
or regulation that regulates securities or the issuance of securities. The
note, agreement, or transaction under this section has the same immunities
from other laws that section 601 of the Act (45 U.S.C. 791) gives to trans-
actions that comply with or carry out the final system plan. The transfer
of rail property because of the note, agreement, or transaction has the same
exemptions, privileges, and immunities that the Act (45 U.S.C. 701 et seq.)
gives to a transfer ordered or approved by the special court under section
303(b) of the Act (45 U.S.C. 743(b)).
(c) IMMUNITY FROM LIABILITY
AND INDEMNIFICATION.—Amtrak, its
board of directors, and its individual directors are not liable because Amtrak
has given or issued the note or agreement to the Government under sub-
section (a) of this section. Immunity granted under this subsection also ap-
plies to a transaction related to the note or agreement. The Government
shall indemnify Amtrak, its board, and individual directors against costs
and expenses actually and reasonably incurred in defending a civil action
testing the validity of the note, agreement, or transaction.
§ 24908. Transfer taxes and levies and recording charges
A transfer of an interest in rail property under this chapter is exempt
from a tax or levy related to the transfer that is imposed by the United
States Government, a State, or a political subdivision of a State. On pay-
ment of the appropriate and generally applicable charge for the service per-
formed, a transferee or transferor may record an instrument and, consistent
with the final system plan, the release or removal of a pre-existing lien or
encumbrance of record related to the interest transferred.
§ 24909. Authorization of appropriations
(a) GENERAL.—(1) Not more than $2,313,000,000 may be appropriated
to the Secretary of Transportation to achieve the goals of section
234
24902(a)(1) of this title. From this amount, the following amounts shall be
expended by Amtrak:
(A) at least $27,000,000 for equipment modification and replace-
ment that a State or a local or regional transportation authority must
bear because of the electrification conversion system of the Northeast
Corridor under this chapter.
(B) $30,000,000—
(i) to improve the main line track between the Northeast Cor-
ridor main line and Atlantic City, New Jersey, to ensure that the
track, consistent with a plan New Jersey developed in consultation
with Amtrak to provide rail passenger transportation between the
Northeast Corridor main line and Atlantic City, New Jersey,
would be of sufficient quality to allow safe rail passenger transpor-
tation at a minimum of 79 miles an hour not later than September
30, 1985; and
(ii) to promote rail passenger use of the track.
(C) necessary amounts to—
(i) develop Union Station in the District of Columbia;
(ii) install 189 track-miles, and renew 133 track-miles, of con-
crete ties with continuously welded rail between the District of Co-
lumbia and New York, New York;
(iii) install reverse signaling between Philadelphia, Pennsylva-
nia, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
(iv) restore ditch drainage in concrete tie locations between the
District of Columbia and New York, New York;
(v) undercut 83 track-miles between the District of Columbia
and New York, New York;
(vi) rehabilitate bridges between the District of Columbia and
New York, New York (including Hi line);
(vii) develop a maintenance of way equipment repair facility be-
tween the District of Columbia and New York, New York, and
build maintenance of way bases at Philadelphia, Pennsylvania,
Sunnyside, New York, and Cedar Hill, Connecticut;
(viii) stabilize the roadbed between the District of Columbia and
New York, New York;
(ix) automate the Bush River Drawbridge at milepost 72.14;
(x) improve the New York Service Facility to develop rolling
stock repair capability;
(xi) install a rail car washer facility at Philadelphia, Pennsylva-
nia;
235
(xii) restore storage tracks and buildings at the Washington
Service Facility;
(xiii) install centralized traffic control from Landlith, Delaware,
to Philadelphia, Pennsylvania;
(xiv) improve track, including high speed surfacing, ballast
cleaning, and associated equipment repair and material distribu-
tion;
(xv) rehabilitate interlockings between the District of Columbia
and New York, New York;
(xvi) paint the Connecticut River, Groton, and Pelham Bay
bridges;
(xvii) provide additional catenary renewal and power supply up-
grading between the District of Columbia and New York, New
York;
(xviii) rehabilitate structural, electrical, and mechanical systems
at the 30th Street Station in Philadelphia, Pennsylvania;
(xix) install evacuation and fire protection facilities in tunnels
in New York, New York;
(xx) improve the communication and signal systems between
Wilmington, Delaware, and Boston, Massachusetts, on the North-
east Corridor main line, and between Philadelphia, Pennsylvania,
and Harrisburg, Pennsylvania, on the Harrisburg Line;
(xxi) improve the electric traction systems between Wilmington,
Delaware, and Newark, New Jersey;
(xxii) install baggage rack restraints, seat back guards, and seat
lock devices on 348 passenger cars operating in the Northeast
Corridor;
(xxiii) install 44 event recorders and 10 electronic warning de-
vices on locomotives operating within the Northeast Corridor; and
(xxiv) acquire cab signal test boxes and install 9 wayside loop
code transmitters for use within the Northeast Corridor.
(2) The following additional amounts may be appropriated to the Sec-
retary for expenditure by Amtrak:
(A) not more than $150,000,000 to achieve the goal of section
24902(a)(3) of this title.
(B) not more than $120,000,000 to acquire interests in property in
the Northeast Corridor.
(C) not more than $650,000 to develop and use mobile radio fre-
quencies for passenger radio mobile telephone service on high-speed rail
passenger transportation.
236
(D) not more than $20,000,000 to acquire and improve interests in
rail property designated under section 206(c)(1)(D) of the Regional
Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
(E) not more than $37,000,000 to carry out section 24902(a)(7) and
(j) of this title.
(b) EMERGENCY MAINTENANCE.—Not more than $25,000,000 of the
amount appropriated under the Act of February 28, 1975 (Public Law 94–
6, 89 Stat. 11), may be used by Amtrak for emergency maintenance on rail
property designated under section 206(c)(1)(C) of the Regional Rail Reor-
ganization Act of 1973 (45 U.S.C. 716(c)(1)(C)).
(c) PRIORITY
IN USING CERTAIN AMOUNTS.—Amounts appropriated
under subsection (a)(2)(B) and (D) of this section shall be used first to
repay, with interest, obligations guaranteed under section 602 of the Rail
Passenger Service Act, if the proceeds of those obligations were used to pay
the expenses of acquiring interests in property referred to in subsection
(a)(2)(B) and (D).
(d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT OPERATING
LOSSES.—Amounts appropriated under this section may not be used to sub-
sidize operating losses of commuter rail or rail freight transportation.
(e) SUBSTITUTING AND DEFERRING CERTAIN IMPROVEMENTS.—(1) A
project for which amounts are authorized under subsection (a)(1)(C) of this
section is a part of the Northeast Corridor improvement program and is not
a substitute for improvements specified in the document ‘‘Corridor Master
Plan II, NECIP Restructured Program’’ of January, 1982. However, Am-
trak may defer the project to carry out the improvement and rehabilitation
for which amounts are authorized under subsection (a)(1)(B) of this section.
The total cost of the project that Amtrak defers may not be substantially
more than the amount Amtrak is required to expend or reserve under sub-
section (a)(1)(B).
(2) Section 24902 of this title is deemed not to be fulfilled until the
projects under subsection (a)(1)(C) of this section are completed.
(f) AVAILABILITY OF AMOUNTS.—Amounts appropriated under subsection
(a)(1) and (2)(A) and (C)–(E) of this section remain available until ex-
pended.
(g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.—An
amount greater than that authorized for a fiscal year may be appropriated
to the extent that the amount appropriated for any prior fiscal year is less
than the amount authorized for that year.
PART D—MISCELLANEOUS
CHAPTER 261—LAW ENFORCEMENT
Sec.
26101.
Rail police officers.
237
26102.
Limit on certain accident or incident liability.
§ 26101. Rail police officers
Under regulations prescribed by the Secretary of Transportation, a rail
police officer who is employed by a rail carrier and certified or commis-
sioned as a police officer under the laws of a State may enforce the laws
of any jurisdiction in which the rail carrier owns property, to the extent of
the authority of a police officer certified or commissioned under the laws
of that jurisdiction, to protect—
(1) employees, passengers, or patrons of the rail carrier;
(2) property, equipment, and facilities owned, leased, operated, or
maintained by the rail carrier;
(3) property moving in interstate or foreign commerce in the posses-
sion of the rail carrier; and
(4) personnel, equipment, and material moving by rail that are vital
to the national defense.
§ 26102. Limit on certain accident or incident liability
(a) GENERAL.—When a publicly financed commuter transportation au-
thority established under Virginia law makes a contract to indemnify Am-
trak for liability for operations conducted by or for the authority or to in-
demnify a rail carrier over whose tracks those operations are conducted, li-
ability against Amtrak, the authority, or the carrier for all claims (including
punitive damages) arising from an accident or incident in the District of
Columbia related to those operations may not be more than the limits of
the liability coverage the authority maintains to indemnify Amtrak or the
carrier.
(b) MINIMUM REQUIRED LIABILITY COVERAGE.—A publicly financed
commuter transportation authority referred to in subsection (a) of this sec-
tion must maintain a total minimum liability coverage of at least
$200,000,000.
(c) EFFECTIVENESS.—This section is effective only after Amtrak or a rail
carrier seeking an indemnification contract under this section makes an op-
erating agreement with a publicly financed commuter transportation author-
ity established under Virginia law to provide access to its property for reve-
nue transportation related to the operations of the authority.
SUBTITLE VI—MOTOR VEHICLE AND DRIVER
PROGRAMS
PART A—GENERAL
CHAPTER
Sec.
301.
MOTOR VEHICLE SAFETY .........................................................................
30101
303.
NATIONAL DRIVER REGISTER .................................................................
30301
305.
NATIONAL AUTOMOBILE TITLE INFORMATION SYSTEM ................
30501
PART B—COMMERCIAL
311.
COMMERCIAL MOTOR VEHICLE SAFETY ..............................................
31101
313.
COMMERCIAL MOTOR VEHICLE OPERATORS ......................................
31301
238
315.
MOTOR CARRIER SAFETY .........................................................................
31501
317.
PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
31701
PART C—INFORMATION, STANDARDS, AND REQUIREMENTS
321.
GENERAL .......................................................................................................
32101
323.
CONSUMER INFORMATION .......................................................................
32301
325.
BUMPER STANDARDS ................................................................................
32501
327.
ODOMETERS .................................................................................................
32701
329.
AUTOMOBILE FUEL ECONOMY ...............................................................
32901
331.
THEFT PREVENTION .................................................................................
33101
PART A—GENERAL
CHAPTER 301—MOTOR VEHICLE SAFETY
SUBCHAPTER I—GENERAL
Sec.
30101.
Purpose and policy.
30102.
Definitions.
30103.
Relationship to other laws.
30104.
Authorization of appropriations.
SUBCHAPTER II—STANDARDS AND COMPLIANCE
30111.
Standards.
30112.
Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles
and equipment.
30113.
General exemptions.
30114.
Special exemptions.
30115.
Certification of compliance.
30116.
Defects and noncompliance found before sale to purchaser.
30117.
Providing information to, and maintaining records on, purchasers.
30118.
Notification of defects and noncompliance.
30119.
Notification procedures.
30120.
Remedies for defects and noncompliance.
30121.
Provisional notification and civil actions to enforce.
30122.
Making safety devices and elements inoperative.
30123.
Tires.
30124.
Buzzers indicating nonuse of safety belts.
30125.
Schoolbuses and schoolbus equipment.
30126.
Used motor vehicles.
30127.
Automatic occupant crash protection and seat belt use.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND
EQUIPMENT
30141.
Importing motor vehicles capable of complying with standards.
30142.
Importing motor vehicles for personal use.
30143.
Motor vehicles imported by individuals employed outside the United States.
30144.
Importing motor vehicles on a temporary basis.
30145.
Importing motor vehicles or equipment requiring further manufacturing.
30146.
Release of motor vehicles and bonds.
30147.
Responsibility for defects and noncompliance.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
30161.
Judicial review of standards.
30162.
Petitions by interested persons for standards and enforcement.
30163.
Actions by the Attorney General.
30164.
Service of process.
30165.
Civil penalty.
30166.
Inspections, investigations, and records.
30167.
Disclosure of information by the Secretary of Transportation.
30168.
Research, testing, development, and training.
30169.
Annual reports.
239
SUBCHAPTER I—GENERAL
§ 30101. Purpose and policy
The purpose of this chapter is to reduce traffic accidents and deaths and
injuries resulting from traffic accidents. Therefore it is necessary—
(1) to prescribe motor vehicle safety standards for motor vehicles
and motor vehicle equipment in interstate commerce; and
(2) to carry out needed safety research and development.
§ 30102. Definitions
(a) GENERAL DEFINITIONS.—In this chapter—
(1) ‘‘dealer’’ means a person selling and distributing new motor vehi-
cles or motor vehicle equipment primarily to purchasers that in good
faith purchase the vehicles or equipment other than for resale.
(2) ‘‘defect’’ includes any defect in performance, construction, a com-
ponent, or material of a motor vehicle or motor vehicle equipment.
(3) ‘‘distributor’’ means a person primarily selling and distributing
motor vehicles or motor vehicle equipment for resale.
(4) ‘‘interstate commerce’’ means commerce between a place in a
State and a place in another State or between places in the same State
through another State.
(5) ‘‘manufacturer’’ means a person—
(A) manufacturing or assembling motor vehicles or motor vehi-
cle equipment; or
(B) importing motor vehicles or motor vehicle equipment for re-
sale.
(6) ‘‘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.
(7) ‘‘motor vehicle equipment’’ means—
(A) any system, part, or component of a motor vehicle as origi-
nally manufactured;
(B) any similar part or component manufactured or sold for re-
placement or improvement of a system, part, or component, or as
an accessory or addition to a motor vehicle; or
(C) any device or an article or apparel (except medicine or eye-
glasses prescribed by a licensed practitioner) that is not a system,
part, or component of a motor vehicle and is manufactured, sold,
delivered, offered, or intended to be used only to safeguard motor
vehicles and highway users against risk of accident, injury, or
death.
(8) ‘‘motor vehicle safety’’ means the performance of a motor vehicle
or motor vehicle equipment in a way that protects the public against
240
unreasonable risk of accidents occurring because of the design, con-
struction, or performance of a motor vehicle, and against unreasonable
risk of death or injury in an accident, and includes nonoperational safe-
ty of a motor vehicle.
(9) ‘‘motor vehicle safety standard’’ means a minimum standard for
motor vehicle or motor vehicle equipment performance.
(10) ‘‘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.
(11) ‘‘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.
(b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–30121,
and 30166(f) of this title—
(A) ‘‘adequate repair’’ does not include repair resulting in substan-
tially impaired operation of a motor vehicle or motor vehicle equipment;
(B) ‘‘first purchaser’’ means the first purchaser of a motor vehicle
or motor vehicle equipment other than for resale;
(C) ‘‘original equipment’’ means motor vehicle equipment (including
a tire) installed in or on a motor vehicle at the time of delivery to the
first purchaser;
(D) ‘‘replacement equipment’’ means motor vehicle equipment (in-
cluding a tire) that is not original equipment;
(E) a brand name owner of a tire marketed under a brand name not
owned by the manufacturer of the tire is deemed to be the manufac-
turer of the tire;
(F) a defect in original equipment, or noncompliance of original
equipment with a motor vehicle safety standard prescribed under this
chapter, is deemed to be a defect or noncompliance of the motor vehicle
in or on which the equipment was installed at the time of delivery to
the first purchaser;
(G) a manufacturer of a motor vehicle in or on which original equip-
ment was installed when delivered to the first purchaser is deemed to
be the manufacturer of the equipment; and
(H) a retreader of a tire is deemed to be the manufacturer of the
tire.
(2) The Secretary of Transportation may prescribe regulations changing
paragraph (1)(C), (D), (F), or (G) of this subsection.
241
§ 30103. Relationship to other laws
(a) UNIFORMITY OF REGULATIONS.—The Secretary of Transportation
may not prescribe a safety regulation related to a motor vehicle subject to
subchapter II of chapter 105 of this title that differs from a motor vehicle
safety standard prescribed under this chapter. However, the Secretary may
prescribe, for a motor vehicle operated by a carrier subject to subchapter
II of chapter 105, a safety regulation that imposes a higher standard of per-
formance after manufacture than that required by an applicable standard
in effect at the time of manufacture.
(b) PREEMPTION.—(1) When a motor vehicle safety standard is in effect
under this chapter, a State or a political subdivision of a State may pre-
scribe or continue in effect a standard applicable to the same aspect of per-
formance of a motor vehicle or motor vehicle equipment only if the standard
is identical to the standard prescribed under this chapter. However, the
United States Government, a State, or a political subdivision of a State may
prescribe a standard for a motor vehicle or motor vehicle equipment ob-
tained for its own use that imposes a higher performance requirement than
that required by the otherwise applicable standard under this chapter.
(2) A State may enforce a standard that is identical to a standard pre-
scribed under this chapter.
(c) ANTITRUST LAWS.—This chapter does not—
(1) exempt from the antitrust laws conduct that is unlawful under
those laws; or
(2) prohibit under the antitrust laws conduct that is lawful under
those laws.
(d) WARRANTY OBLIGATIONS
AND ADDITIONAL LEGAL RIGHTS
AND
REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and
(b) of this title do not establish or affect a warranty obligation under a law
of the United States or a State. A remedy under those sections and sections
30161 and 30162 of this title is in addition to other rights and remedies
under other laws of the United States or a State.
(e) COMMON LAW LIABILITY.—Compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person from li-
ability at common law.
§ 30104. 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 chapter:
(1) $71,333,436 for the fiscal year ending September 30, 1993.
(2) $74,044,106 for the fiscal year ending September 30, 1994.
(3) $76,857,782 for the fiscal year ending September 30, 1995.
242
SUBCHAPTER II—STANDARDS AND COMPLIANCE
§ 30111. Standards
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall
prescribe motor vehicle safety standards. Each standard shall be practicable,
meet the need for motor vehicle safety, and be stated in objective terms.
(b) CONSIDERATIONS AND CONSULTATION.—When prescribing a motor
vehicle safety standard under this chapter, the Secretary shall—
(1) consider relevant available motor vehicle safety information;
(2) consult with the agency established under the Act of August 20,
1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State
or interstate authorities (including legislative committees);
(3) consider whether a proposed standard is reasonable, practicable,
and appropriate for the particular type of motor vehicle or motor vehi-
cle equipment for which it is prescribed; and
(4) consider the extent to which the standard will carry out section
30101 of this title.
(c) COOPERATION.—The Secretary may advise, assist, and cooperate with
departments, agencies, and instrumentalities of the United States Govern-
ment, States, and other public and private agencies in developing motor ve-
hicle safety standards.
(d) EFFECTIVE DATES OF STANDARDS.—The Secretary shall specify the
effective date of a motor vehicle safety standard prescribed under this chap-
ter in the order prescribing the standard. A standard may not become effec-
tive before the 180th day after the standard is prescribed or later than one
year after it is prescribed. However, the Secretary may prescribe a different
effective date after finding, for good cause shown, that a different effective
date is in the public interest and publishing the reasons for the finding.
(e) 5-YEAR PLAN FOR TESTING STANDARDS.—The Secretary shall estab-
lish and periodically review and update on a continuing basis a 5-year plan
for testing motor vehicle safety standards prescribed under this chapter that
the Secretary considers capable of being tested. In developing the plan and
establishing testing priorities, the Secretary shall consider factors the Sec-
retary considers appropriate, consistent with section 30101 of this title and
the Secretary’s other duties and powers under this chapter. The Secretary
may change at any time those priorities to address matters the Secretary
considers of greater priority. The initial plan may be the 5-year plan for
compliance testing in effect on December 18, 1991.
§ 30112. Prohibitions on manufacturing, selling, and import-
ing noncomplying motor vehicles and equipment
(a) GENERAL.—Except as provided in this section, sections 30113 and
30114 of this title, and subchapter III of this chapter, a person may not
243
manufacture for sale, sell, offer for sale, introduce or deliver for introduc-
tion in interstate commerce, or import into the United States, any motor
vehicle or motor vehicle equipment manufactured on or after the date an
applicable motor vehicle safety standard prescribed under this chapter takes
effect unless the vehicle or equipment complies with the standard and is cov-
ered by a certification issued under section 30115 of this title.
(b) NONAPPLICATION.—This section does not apply to—
(1) the sale, offer for sale, or introduction or delivery for introduc-
tion in interstate commerce of a motor vehicle or motor vehicle equip-
ment after the first purchase of the vehicle or equipment in good faith
other than for resale;
(2) a person—
(A) establishing that the person had no reason to know, despite
exercising reasonable care, that a motor vehicle or motor vehicle
equipment does not comply with applicable motor vehicle safety
standards prescribed under this chapter; or
(B) holding, without knowing about the noncompliance and be-
fore the vehicle or equipment is first purchased in good faith other
than for resale, a certificate issued by a manufacturer or importer
stating the vehicle or equipment complies with applicable stand-
ards prescribed under this chapter;
(3) a motor vehicle or motor vehicle equipment intended only for ex-
port, labeled for export on the vehicle or equipment and on the outside
of any container of the vehicle or equipment, and exported;
(4) a motor vehicle the Secretary of Transportation decides under
section 30141 of this title is capable of complying with applicable
standards prescribed under this chapter;
(5) a motor vehicle imported for personal use by an individual who
receives an exemption under section 30142 of this title;
(6) a motor vehicle under section 30143 of this title imported by an
individual employed outside the United States;
(7) a motor vehicle under section 30144 of this title imported on a
temporary basis;
(8) a motor vehicle or item of motor vehicle equipment under section
30145 of this title requiring further manufacturing; or
(9) a motor vehicle that is at least 25 years old.
§ 30113. General exemptions
(a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’ means a
motor vehicle meeting the standards for new motor vehicles applicable to the
vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521) when the
244
vehicle is manufactured and emitting an air pollutant in an amount signifi-
cantly below one of those standards.
(b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Secretary of
Transportation may exempt, on a temporary basis, motor vehicles from a
motor vehicle safety standard prescribed under this chapter on terms the
Secretary considers appropriate. An exemption may be renewed. A renewal
may be granted only on reapplication and must conform to the requirements
of this subsection.
(2) The Secretary may begin a proceeding under this subsection when a
manufacturer applies for an exemption or a renewal of an exemption. The
Secretary shall publish notice of the application and provide an opportunity
to comment. An application for an exemption or for a renewal of an exemp-
tion shall be filed at a time and in the way, and contain information, this
section and the Secretary require.
(3) The Secretary may act under this subsection on finding that—
(A) an exemption is consistent with the public interest and this chap-
ter; and
(B)(i) compliance with the standard would cause substantial eco-
nomic hardship to a manufacturer that has tried to comply with the
standard in good faith;
(ii) the exemption would make easier the development or field evalua-
tion of a new motor vehicle safety feature providing a safety level at
least equal to the safety level of the standard;
(iii) the exemption would make the development or field evaluation
of a low-emission motor vehicle easier and would not unreasonably
lower the safety level of that vehicle; or
(iv) compliance with the standard would prevent the manufacturer
from selling a motor vehicle with an overall safety level at least equal
to the overall safety level of nonexempt vehicles.
(c) CONTENTS OF APPLICATIONS.—A manufacturer applying for an ex-
emption under subsection (b) of this section shall include the following in-
formation in the application:
(1) if the application is made under subsection (b)(3)(B)(i) of this
section, a complete financial statement describing the economic hard-
ship and a complete description of the manufacturer’s good faith effort
to comply with each motor vehicle safety standard prescribed under
this chapter from which the manufacturer is requesting an exemption.
(2) if the application is made under subsection (b)(3)(B)(ii) of this
section, a record of the research, development, and testing establishing
the innovative nature of the safety feature and a detailed analysis es-
245
tablishing that the safety level of the feature at least equals the safety
level of the standard.
(3) if the application is made under subsection (b)(3)(B)(iii) of this
section, a record of the research, development, and testing establishing
that the motor vehicle is a low-emission motor vehicle and that the
safety level of the vehicle is not lowered unreasonably by exemption
from the standard.
(4) if the application is made under subsection (b)(3)(B)(iv) of this
section, a detailed analysis showing how the vehicle provides an overall
safety level at least equal to the overall safety level of nonexempt vehi-
cles.
(d) ELIGIBILITY.—A manufacturer is eligible for an exemption under sub-
section (b)(3)(B)(i) of this section only if the Secretary determines that the
manufacturer’s total motor vehicle production in the most recent year of
production is not more than 10,000. A manufacturer is eligible for an ex-
emption under subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if
the Secretary determines the exemption is for not more than 2,500 vehicles
to be sold in the United States in any 12-month period.
(e) MAXIMUM PERIOD.—An exemption or renewal under subsection
(b)(3)(B)(i) of this section may be granted for not more than 3 years. An
exemption or renewal under subsection (b)(3)(B)(ii), (iii), or (iv) of this sec-
tion may be granted for not more than 2 years.
(f) DISCLOSURE.—The Secretary may make public, by the 10th day after
an application is filed, information contained in the application or relevant
to the application unless the information concerns or is related to a trade
secret or other confidential information not relevant to the application.
(g) NOTICE OF DECISION.—The Secretary shall publish in the Federal
Register a notice of each decision granting an exemption under this section
and the reasons for granting it.
(h) PERMANENT LABEL REQUIREMENT.—The Secretary shall require a
permanent label to be fixed to a motor vehicle granted an exemption under
this section. The label shall either name or describe each motor vehicle safe-
ty standard prescribed under this chapter from which the vehicle is exempt.
The Secretary may require that written notice of an exemption be delivered
by appropriate means to the dealer and the first purchaser of the vehicle
other than for resale.
§ 30114. Special exemptions
The Secretary of Transportation may exempt a motor vehicle or item of
motor vehicle equipment from section 30112(a) of this title on terms the
Secretary decides are necessary for research, investigations, demonstrations,
training, or competitive racing events.
247
or dealer purchasing the motor vehicle or motor vehicle equipment may
bring a civil action. The action may be brought in a United States district
court for the judicial district in which the manufacturer or distributor re-
sides, is found, or has an agent, to recover damages, court costs, and a rea-
sonable attorney’s fee. An action under this section must be brought not
later than 3 years after the claim accrues.
§ 30117. Providing information to, and maintaining records
on, purchasers
(a) PROVIDING INFORMATION AND NOTICE.—The Secretary of Transpor-
tation may require that each manufacturer of a motor vehicle or motor vehi-
cle equipment provide technical information related to performance and
safety required to carry out this chapter. The Secretary may require the
manufacturer to give the following notice of that information when the Sec-
retary decides it is necessary:
(1) to each prospective purchaser of a vehicle or equipment before
the first sale other than for resale at each location at which the vehicle
or equipment is offered for sale by a person having a legal relationship
with the manufacturer, in a way the Secretary decides is appropriate.
(2) to the first purchaser of a vehicle or equipment other than for
resale when the vehicle or equipment is bought, in printed matter
placed in the vehicle or attached to or accompanying the equipment.
(b) MAINTAINING PURCHASER RECORDS AND PROCEDURES.—(1) A man-
ufacturer of a motor vehicle or tire (except a retreaded tire) shall cause to
be maintained a record of the name and address of the first purchaser of
each vehicle or tire it produces and, to the extent prescribed by regulations
of the Secretary, shall cause to be maintained a record of the name and
address of the first purchaser of replacement equipment (except a tire) that
the manufacturer produces. The Secretary may prescribe by regulation the
records to be maintained and reasonable procedures for maintaining the
records under this subsection, including procedures to be followed by dis-
tributors and dealers to assist the manufacturer in obtaining the informa-
tion required by this subsection. A procedure shall be reasonable for the
type of vehicle or tire involved, and shall provide reasonable assurance that
a customer list of a distributor or dealer, or similar information, will be
made available to a person (except the distributor or dealer) only when nec-
essary to carry out this subsection and sections 30118–30121, 30166(f),
and 30167(a) and (b) of this title. Availability of assistance from a distribu-
tor or dealer does not affect an obligation of a manufacturer under this sub-
section.
(2)(A) Except as provided in paragraph (3) of this subsection, the Sec-
retary may require a distributor or dealer to maintain a record under para-
248
graph (1) of this subsection only if the business of the distributor or dealer
is owned or controlled by a manufacturer of tires.
(B) The Secretary shall require each distributor and dealer whose busi-
ness is not owned or controlled by a manufacturer of tires to give a registra-
tion form (containing the tire identification number) to the first purchaser
of a tire. The Secretary shall prescribe the form, which shall be standard-
ized for all tires and designed to allow the purchaser to complete and return
it directly to the manufacturer of the tire. The manufacturer shall give suf-
ficient copies of forms to distributors and dealers.
(3)(A) The Secretary shall evaluate from time to time how successful the
procedures under paragraph (2) of this subsection have been in helping to
maintain records about first purchasers of tires. After each evaluation, the
Secretary shall decide—
(i) the extent to which distributors and dealers have complied with
the procedures;
(ii) the extent to which distributors and dealers have encouraged
first purchasers of tires to register the tires; and
(iii) whether to prescribe for manufacturers, distributors, or dealers
other requirements that the Secretary decides will increase significantly
the percentage of first purchasers of tires about whom records are
maintained.
(B) The Secretary may prescribe a requirement under subparagraph (A)
of this paragraph only if the Secretary decides it is necessary to reduce the
risk to motor vehicle safety, after considering—
(i) the cost of the requirement to manufacturers and the burden of
the requirement on distributors and dealers, compared to the increase
in the percentage of first purchasers of tires about whom records would
be maintained as a result of the requirement;
(ii) the extent to which distributors and dealers have complied with
the procedures in paragraph (2) of this subsection; and
(iii) the extent to which distributors and dealers have encouraged
first purchasers of tires to register the tires.
(C) A manufacturer of tires shall reimburse distributors and dealers of
that manufacturer’s tires for all reasonable costs incurred by the distribu-
tors and dealers in complying with a requirement prescribed by the Sec-
retary under subparagraph (A) of this paragraph.
(D) After making a decision under subparagraph (A) of this paragraph,
the Secretary shall submit to each House of Congress a report containing
a detailed statement of the decision and an explanation of the reasons for
the decision.
249
§ 30118. Notification of defects and noncompliance
(a) NOTIFICATION
BY SECRETARY.—The Secretary of Transportation
shall notify the manufacturer of a motor vehicle or replacement equipment
immediately after making an initial decision (through testing, inspection, in-
vestigation, or research carried out under this chapter, examining commu-
nications under section 30166(f) of this title, or otherwise) that the vehicle
or equipment contains a defect related to motor vehicle safety or does not
comply with an applicable motor vehicle safety standard prescribed under
this chapter. The notification shall include the information on which the de-
cision is based. The Secretary shall publish a notice of each decision under
this subsection in the Federal Register. Subject to section 30167(a) of this
title, the notification and information are available to any interested person.
(b) DEFECT
AND NONCOMPLIANCE PROCEEDINGS
AND ORDERS.—(1)
The Secretary may make a final decision that a motor vehicle or replace-
ment equipment contains a defect related to motor vehicle safety or does
not comply with an applicable motor vehicle safety standard prescribed
under this chapter only after giving the manufacturer an opportunity to
present information, views, and arguments showing that there is no defect
or noncompliance or that the defect does not affect motor vehicle safety.
Any interested person also shall be given an opportunity to present informa-
tion, views, and arguments.
(2) If the Secretary decides under paragraph (1) of this subsection that
the vehicle or equipment contains the defect or does not comply, the Sec-
retary shall order the manufacturer to—
(A) give notification under section 30119 of this title to the owners,
purchasers, and dealers of the vehicle or equipment of the defect or
noncompliance; and
(B) remedy the defect or noncompliance under section 30120 of this
title.
(c) NOTIFICATION BY MANUFACTURER.—A manufacturer of a motor ve-
hicle or replacement equipment shall notify the Secretary by certified mail,
and the owners, purchasers, and dealers of the vehicle or equipment as pro-
vided in section 30119(d) of this section, if the manufacturer—
(1) learns the vehicle or equipment contains a defect and decides in
good faith that the defect is related to motor vehicle safety; or
(2) decides in good faith that the vehicle or equipment does not com-
ply with an applicable motor vehicle safety standard prescribed under
this chapter.
(d) EXEMPTIONS.—On application of a manufacturer, the Secretary shall
exempt the manufacturer from this section if the Secretary decides a defect
or noncompliance is inconsequential to motor vehicle safety. The Secretary
250
may take action under this subsection only after notice in the Federal Reg-
ister and an opportunity for any interested person to present information,
views, and arguments.
(e) HEARINGS ABOUT MEETING NOTIFICATION REQUIREMENTS.—On the
motion of the Secretary or on petition of any interested person, the Sec-
retary may conduct a hearing to decide whether the manufacturer has rea-
sonably met the notification requirements under this section. Any interested
person may make written and oral presentations of information, views, and
arguments on whether the manufacturer has reasonably met the notification
requirements. If the Secretary decides that the manufacturer has not rea-
sonably met the notification requirements, the Secretary shall order the
manufacturer to take specified action to meet those requirements and may
take any other action authorized under this chapter.
§ 30119. Notification procedures
(a) CONTENTS OF NOTIFICATION.—Notification by a manufacturer re-
quired under section 30118 of this title of a defect or noncompliance shall
contain—
(1) a clear description of the defect or noncompliance;
(2) an evaluation of the risk to motor vehicle safety reasonably relat-
ed to the defect or noncompliance;
(3) the measures to be taken to obtain a remedy of the defect or
noncompliance;
(4) a statement that the manufacturer giving notice will remedy the
defect or noncompliance without charge under section 30120 of this
title;
(5) the earliest date on which the defect or noncompliance will be
remedied without charge, and for tires, the period during which the de-
fect or noncompliance will be remedied without charge under section
30120 of this title;
(6) the procedure the recipient of a notice is to follow to inform the
Secretary of Transportation when a manufacturer, distributor, or deal-
er does not remedy the defect or noncompliance without charge under
section 30120 of this title; and
(7) other information the Secretary prescribes by regulation.
(b) EARLIEST REMEDY DATE.—The date specified by a manufacturer in
a notification under subsection (a)(5) of this section or section 30121(c)(2)
of this title is the earliest date that parts and facilities reasonably can be
expected to be available to remedy the defect or noncompliance. The Sec-
retary may disapprove the date.
(c) TIME FOR NOTIFICATION.—Notification required under section 30118
of this title shall be given within a reasonable time—
251
(1) prescribed by the Secretary, after the manufacturer receives no-
tice of a final decision under section 30118(b) of this title; or
(2) after the manufacturer first decides that a safety-related defect
or noncompliance exists under section 30118(c) of this title.
(d) MEANS
OF PROVIDING NOTIFICATION.—(1) Notification required
under section 30118 of this title about a motor vehicle shall be sent by first
class mail—
(A) to each person registered under State law as the owner and
whose name and address are reasonably ascertainable by the manufac-
turer through State records or other available sources; or
(B) if a registered owner is not notified under clause (A) of this
paragraph, to the most recent purchaser known to the manufacturer.
(2) Notification required under section 30118 of this title about replace-
ment equipment (except a tire) shall be sent by first class mail to the most
recent purchaser known to the manufacturer. In addition, if the Secretary
decides that public notice is required for motor vehicle safety, public notice
shall be given in the way required by the Secretary after consulting with
the manufacturer.
(3) Notification required under section 30118 of this title about a tire
shall be sent by first class mail (or, if the manufacturer prefers, by certified
mail) to the most recent purchaser known to the manufacturer. In addition,
if the Secretary decides that public notice is required for motor vehicle safe-
ty, public notice shall be given in the way required by the Secretary after
consulting with the manufacturer. In deciding whether public notice is re-
quired, the Secretary shall consider—
(A) the magnitude of the risk to motor vehicle safety caused by the
defect or noncompliance; and
(B) the cost of public notice compared to the additional number of
owners the notice may reach.
(4) A dealer to whom a motor vehicle or replacement equipment was de-
livered shall be notified by certified mail or quicker means if available.
(e) SECOND NOTIFICATION.—If the Secretary decides that a notification
sent by a manufacturer under this section has not resulted in an adequate
number of motor vehicles or items of replacement equipment being returned
for remedy, the Secretary may order the manufacturer to send a 2d notifi-
cation in the way the Secretary prescribes by regulation.
(f) NOTIFICATION
BY LESSOR
TO LESSEE.—(1) In this subsection,
‘‘leased motor vehicle’’ means a motor vehicle that is leased to a person for
at least 4 months by a lessor that has leased at least 5 motor vehicles in
the 12 months before the date of the notification.
253
repair is not done adequately within a reasonable time, the manufacturer
shall—
(A) replace the vehicle or equipment without charge with an identical
or reasonably equivalent vehicle or equipment; or
(B) for a vehicle, refund the purchase price, less a reasonable allow-
ance for depreciation.
(2) Failure to repair a motor vehicle or replacement equipment ade-
quately not later than 60 days after its presentation is prima facie evidence
of failure to repair within a reasonable time. However, the Secretary may
extend, by order, the 60-day period if good cause for an extension is shown
and the reason is published in the Federal Register before the period ends.
Presentation of a vehicle or equipment for repair before the date specified
by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of
this title is not a presentation under this subsection.
(d) FILING MANUFACTURER’S REMEDY PROGRAM.—A manufacturer
shall file with the Secretary a copy of the manufacturer’s program under
this section for remedying a defect or noncompliance. The Secretary shall
make the program available to the public and publish a notice of availability
in the Federal Register.
(e) HEARINGS ABOUT MEETING REMEDY REQUIREMENTS.—On the mo-
tion of the Secretary or on application by any interested person, the Sec-
retary may conduct a hearing to decide whether the manufacturer has rea-
sonably met the remedy requirements under this section. Any interested per-
son may make written and oral presentations of information, views, and ar-
guments on whether the manufacturer has reasonably met the remedy re-
quirements. If the Secretary decides a manufacturer has not reasonably met
the remedy requirements, the Secretary shall order the manufacturer to
take specified action to meet those requirements and may take any other
action authorized under this chapter.
(f) FAIR REIMBURSEMENT TO DEALERS.—A manufacturer shall pay fair
reimbursement to a dealer providing a remedy without charge under this
section.
(g) NONAPPLICATION.—(1) The requirement that a remedy be provided
without charge does not apply if the motor vehicle or replacement equipment
was bought by the first purchaser more than 8 calendar years, or the tire,
including an original equipment tire, was bought by the first purchaser
more than 3 calendar years, before notice is given under section 30118(c)
of this title or an order is issued under section 30118(b) of this title, which-
ever is earlier.
254
(2) This section does not apply during any period in which enforcement
of an order under section 30118(b) of this title is restrained or the order
is set aside in a civil action to which section 30121(d) of this title applies.
(h) EXEMPTIONS.—On application of a manufacturer, the Secretary shall
exempt the manufacturer from this section if the Secretary decides a defect
or noncompliance is inconsequential to motor vehicle safety. The Secretary
may take action under this subsection only after notice in the Federal Reg-
ister and an opportunity for any interested person to present information,
views, and arguments.
(i) LIMITATION ON SALE OR LEASE.—(1) If notification is required by
an order under section 30118(b) of this title or is required under section
30118(c) of this title and the manufacturer has provided to a dealer notifi-
cation about a new motor vehicle or new item of replacement equipment in
the dealer’s possession at the time of notification that contains a defect re-
lated to motor vehicle safety or does not comply with an applicable motor
vehicle safety standard prescribed under this chapter, the dealer may sell
or lease the motor vehicle or item of replacement equipment only if—
(A) the defect or noncompliance is remedied as required by this sec-
tion before delivery under the sale or lease; or
(B) when the notification is required by an order under section
30118(b) of this title, enforcement of the order is restrained or the
order is set aside in a civil action to which section 30121(d) of this
title applies.
(2) This subsection does not prohibit a dealer from offering for sale or
lease the vehicle or equipment.
§ 30121. Provisional notification and civil actions to enforce
(a) PROVISIONAL NOTIFICATION.—(1) The Secretary of Transportation
may order a manufacturer to issue a provisional notification if a civil action
about an order issued under section 30118(b) of this title has been brought
under section 30163 of this title. The provisional notification shall con-
tain—
(A) a statement that the Secretary has decided that a defect related
to motor vehicle safety or noncompliance with a motor vehicle safety
standard prescribed under this chapter exists and that the manufac-
turer is contesting the decision in a civil action in a United States dis-
trict court;
(B) a clear description of the Secretary’s stated basis for the deci-
sion;
(C) the Secretary’s evaluation of the risk to motor vehicle safety rea-
sonably related to the defect or noncompliance;
255
(D) measures the Secretary considers necessary to avoid an unrea-
sonable risk to motor vehicle safety resulting from the defect or non-
compliance;
(E) a statement that the manufacturer will remedy the defect or
noncompliance without charge under section 30120 of this title, but
that the requirement to remedy without charge is conditioned on the
outcome of the civil action; and
(F) other information the Secretary prescribes by regulation or in-
cludes in the order requiring the notice.
(2) A notification under this subsection does not relieve a manufacturer
of liability for not giving notification required by an order under section
30118(b) of this title.
(b) CIVIL ACTIONS FOR NOT NOTIFYING.—(1) A manufacturer that does
not notify owners and purchasers under section 30119(c) and (d) of this
title is liable to the United States Government for a civil penalty, unless
the manufacturer prevails in a civil action referred to in subsection (a) of
this section or the court in that action enjoins enforcement of the order.
Enforcement may be enjoined only if the court decides that the failure to
notify is reasonable and that the manufacturer has demonstrated the likeli-
hood of prevailing on the merits. If enforcement is enjoined, the manufac-
turer is not liable during the time the order is stayed.
(2) A manufacturer that does not notify owners and purchasers as re-
quired under subsection (a) of this section is liable for a civil penalty re-
gardless of whether the manufacturer prevails in an action on the validity
of the order issued under section 30118(b) of this title.
(c) ORDERS TO MANUFACTURERS.—If the Secretary prevails in a civil ac-
tion referred to in subsection (a) of this section, the Secretary shall order
the manufacturer—
(1) to notify each owner, purchaser, and dealer described in section
30119(d) of this title of the outcome of the action and other informa-
tion the Secretary requires, and notification under this clause may be
combined with notification required under section 30118(b) of this title;
(2) to specify the earliest date under section 30119(b) of this title
on which the defect or noncompliance will be remedied without charge
under section 30120 of this title; and
(3) if notification was required under subsection (a) of this section,
to reimburse an owner or purchaser for reasonable and necessary ex-
penses (in an amount that is not more than the amount specified in
the order of the Secretary under subsection (a)) incurred for repairing
the defect or noncompliance during the period beginning on the date
256
that notification was required to be issued and ending on the date the
owner or purchaser receives the notification under this subsection.
(d) VENUE.—Notwithstanding section 30163(c) of this title, a civil action
about an order issued under section 30118(b) of this title must be brought
in the United States district court for a judicial district in the State in
which the manufacturer is incorporated or the District of Columbia. On mo-
tion of a party, the court may transfer the action to another district court
if good cause is shown. All actions related to the same order under section
30118(b) shall be consolidated in an action in one judicial district under an
order of the court in which the first action was brought. If the first action
is transferred to another court, that court shall issue the consolidation
order.
§ 30122. Making safety devices and elements inoperative
(a) DEFINITION.—In this section, ‘‘motor vehicle repair business’’ means
a person holding itself out to the public to repair for compensation a motor
vehicle or motor vehicle equipment.
(b) PROHIBITION.—A manufacturer, distributor, dealer, or motor vehicle
repair business may not knowingly make inoperative any part of a device
or element of design installed on or in a motor vehicle or motor vehicle
equipment in compliance with an applicable motor vehicle safety standard
prescribed under this chapter unless the manufacturer, distributor, dealer,
or repair business reasonably believes the vehicle or equipment will not be
used (except for testing or a similar purpose during maintenance or repair)
when the device or element is inoperative.
(c) REGULATIONS.—The Secretary of Transportation may prescribe regu-
lations—
(1) to exempt a person from this section if the Secretary decides the
exemption is consistent with motor vehicle safety and section 30101 of
this title; and
(2) to define ‘‘make inoperative’’.
(d) NONAPPLICATION.—This section does not apply to a safety belt inter-
lock or buzzer designed to indicate a safety belt is not in use as described
in section 30124 of this title.
§ 30123. Tires
(a) LABELING REQUIREMENT.—The Secretary of Transportation shall re-
quire that a pneumatic tire subject to a motor vehicle safety standard pre-
scribed under this chapter be labeled permanently and conspicuously with
safety information the Secretary decides is necessary to carry out section
30101 of this title.
(b) CONTENTS OF LABEL.—Labeling required on a tire under subsection
(a) of this section shall include—
257
(1)(A) identification of the manufacturer;
(B) for a retreaded tire, identification of the retreader; or
(C) for a tire containing a brand name (other than the name of the
manufacturer), a code mark allowing a seller to identify the manufac-
turer to the purchaser;
(2) the composition of material used in the ply of the tire;
(3) the number of plies in the tire;
(4) the maximum allowable load for the tire; and
(5)(A) a statement that the tire complies with minimum safe per-
formance standards prescribed under this chapter; or
(B) a mark or symbol the Secretary prescribes for use by a manufac-
turer or retreader complying with those standards.
(c) ADDITIONAL INFORMATION.—The Secretary may require that addi-
tional safety information be disclosed to a purchaser when a tire is sold.
(d) REGROOVED TIRE LIMITATIONS.—(1) In this subsection, ‘‘regrooved
tire’’ means a tire with a new tread produced by cutting into the tread of
a worn tire.
(2) The Secretary may authorize the sale, offer for sale, introduction for
sale, or delivery for introduction in interstate commerce, of a regrooved tire
or a motor vehicle equipped with regrooved tires if the Secretary decides the
tires are designed and made in a way consistent with section 30101 of this
title. A person may not sell, offer for sale, introduce for sale, or deliver for
introduction in interstate commerce, a regrooved tire or a vehicle equipped
with regrooved tires unless authorized by the Secretary.
(e) UNIFORM QUALITY GRADING SYSTEM, NOMENCLATURE, AND MAR-
KETING PRACTICES.—The Secretary shall prescribe through standards a
uniform quality grading system for motor vehicle tires to help consumers
make an informed choice when purchasing tires. The Secretary also shall
cooperate with industry and the Federal Trade Commission to the greatest
extent practicable to eliminate deceptive and confusing tire nomenclature
and marketing practices. A tire standard or regulation prescribed under this
chapter supersedes an order or administrative interpretation of the Commis-
sion.
(f) MAXIMUM LOAD STANDARDS.—The Secretary shall require a motor
vehicle to be equipped with tires that meet maximum load standards when
the vehicle is loaded with a reasonable amount of luggage and the total
number of passengers the vehicle is designed to carry. The vehicle shall be
equipped with those tires by the manufacturer or by the first purchaser
when the vehicle is first bought in good faith other than for resale.
258
§ 30124. Buzzers indicating nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter may not
require or allow a manufacturer to comply with the standard by using a
safety belt interlock designed to prevent starting or operating a motor vehi-
cle if an occupant is not using a safety belt or a buzzer designed to indicate
a safety belt is not in use, except a buzzer that operates only during the
8-second period after the ignition is turned to the ‘‘start’’ or ‘‘on’’ position.
§ 30125. Schoolbuses and schoolbus equipment
(a) DEFINITIONS.—In this section—
(1) ‘‘schoolbus’’ means a passenger motor vehicle designed to carry
a driver and more than 10 passengers, that the Secretary of Transpor-
tation decides is likely to be used significantly to transport preprimary,
primary, and secondary school students to or from school or an event
related to school.
(2) ‘‘schoolbus equipment’’ means equipment designed primarily for
a schoolbus or manufactured or sold to replace or improve a system,
part, or component of a schoolbus or as an accessory or addition to
a schoolbus.
(b) STANDARDS.—The Secretary shall prescribe motor vehicle safety
standards for schoolbuses and schoolbus equipment manufactured in, or im-
ported into, the United States. Standards shall include minimum perform-
ance requirements for—
(1) emergency exits;
(2) interior protection for occupants;
(3) floor strength;
(4) seating systems;
(5) crashworthiness of body and frame (including protection against
rollover hazards);
(6) vehicle operating systems;
(7) windows and windshields; and
(8) fuel systems.
(c) TEST DRIVING BY MANUFACTURERS.—The Secretary may require by
regulation a schoolbus to be test-driven by a manufacturer before introduc-
tion in commerce.
§ 30126. Used motor vehicles
To ensure a continuing and effective national safety program, it is the
policy of the United States Government to encourage and strengthen State
inspection of used motor vehicles. Therefore, the Secretary of Transpor-
tation shall prescribe uniform motor vehicle safety standards applicable to
all used motor vehicles. The standards shall be stated in terms of motor ve-
hicle safety performance.
259
§ 30127. Automatic occupant crash protection and seat belt
use
(a) DEFINITIONS.—In this section—
(1) ‘‘bus’’ means a motor vehicle with motive power (except a trailer)
designed to carry more than 10 individuals.
(2) ‘‘multipurpose passenger vehicle’’ means a motor vehicle with
motive power (except a trailer), designed to carry not more than 10
individuals, that is constructed either on a truck chassis or with special
features for occasional off-road operation.
(3) ‘‘passenger car’’ means a motor vehicle with motive power (ex-
cept a multipurpose passenger vehicle, motorcycle, or trailer) designed
to carry not more than 10 individuals.
(4) ‘‘truck’’ means a motor vehicle with motive power (except a trail-
er) designed primarily to transport property or special purpose equip-
ment.
(b) INFLATABLE RESTRAINT REQUIREMENTS.—(1) Not later than Sep-
tember 1, 1993, the Secretary of Transportation shall prescribe under this
chapter an amendment to Federal Motor Vehicle Safety Standard 208 is-
sued under the National Traffic and Motor Vehicle Safety Act of 1966. The
amendment shall require that the automatic occupant crash protection sys-
tem for both of the front outboard seating positions for each of the following
vehicles be an inflatable restraint (with lap and shoulder belts) complying
with the occupant protection requirements under section 4.1.2.1 of Standard
208:
(A) 95 percent of each manufacturer’s annual production of pas-
senger cars manufactured after August 31, 1996, and before Septem-
ber 1, 1997.
(B) 80 percent of each manufacturer’s annual production of buses,
multipurpose passenger vehicles, and trucks (except walk-in van-type
trucks and vehicles designed to be sold only to the United States Postal
Service) with a gross vehicle weight rating of not more than 8,500
pounds and an unloaded vehicle weight of not more than 5,500 pounds
manufactured after August 31, 1997, and before September 1, 1998.
(C) 100 percent of each manufacturer’s annual production of pas-
senger cars manufactured after August 31, 1997.
(D) 100 percent of each manufacturer’s annual production of vehi-
cles described in clause (B) of this paragraph manufactured after Au-
gust 31, 1998.
(2) Manufacturers may not use credits and incentives available before
September 1, 1998, under the provisions of Standard 208 (as amended by
260
this section) to comply with the requirements of paragraph (1)(D) of this
subsection after August 31, 1998.
(c) OWNER MANUAL REQUIREMENTS.—In amending Standard 208, the
Secretary of Transportation shall require, to be effective as soon as possible
after the amendment is prescribed, that owner manuals for passenger cars,
buses, multipurpose passenger vehicles, and trucks equipped with an inflat-
able restraint include a statement in an easily understandable format stat-
ing that—
(1) either or both of the front outboard seating positions of the vehi-
cle are equipped with an inflatable restraint referred to as an ‘‘airbag’’
and a lap and shoulder belt;
(2) the ‘‘airbag’’ is a supplemental restraint and is not a substitute
for lap and shoulder belts;
(3) lap and shoulder belts also must be used correctly by an occu-
pant in a front outboard seating position to provide restraint or protec-
tion from frontal crashes as well as other types of crashes or accidents;
and
(4) occupants should always wear their lap and shoulder belts, if
available, or other safety belts, whether or not there is an inflatable
restraint.
(d) SEAT BELT USE LAWS.—Congress finds that it is in the public inter-
est for each State to adopt and enforce mandatory seat belt use laws and
for the United States Government to adopt and enforce mandatory seat belt
use regulations.
(e) TEMPORARY EXEMPTIONS.—(1) On application of a manufacturer,
the Secretary of Transportation may exempt, on a temporary basis, motor
vehicles of that manufacturer from any requirement under subsections (b)
and (c) of this section on terms the Secretary considers appropriate. An ex-
emption may be renewed.
(2) The Secretary of Transportation may grant an exemption under para-
graph (1) of this subsection if the Secretary finds that there has been a
disruption in the supply of any component of an inflatable restraint or in
the use and installation of that component by the manufacturer because of
an unavoidable event not under the control of the manufacturer that will
prevent the manufacturer from meeting its anticipated production volume
of vehicles with those restraints.
(3) Only an affected manufacturer may apply for an exemption. The Sec-
retary of Transportation shall prescribe in the amendment to Standard 208
required under this section the information an affected manufacturer must
include in its application under this subsection. The manufacturer shall
specify in the application the models, lines, and types of vehicles affected.
261
The Secretary may consolidate similar applications from different manufac-
turers.
(4) An exemption or renewal of an exemption is conditioned on the com-
mitment of the manufacturer to recall the exempted vehicles for installation
of the omitted inflatable restraints within a reasonable time that the manu-
facturer proposes and the Secretary of Transportation approves after the
components become available in sufficient quantities to satisfy both antici-
pated production and recall volume requirements.
(5) The Secretary of Transportation shall publish in the Federal Register
a notice of each application under this subsection and each decision to grant
or deny a temporary exemption and the reasons for the decision.
(6) The Secretary of Transportation shall require a label for each exempt-
ed vehicle that can be removed only after recall and installation of the re-
quired inflatable restraint. The Secretary shall require that written notice
of the exemption be provided to the dealer and the first purchaser of each
exempted vehicle other than for resale, with the notice being provided in a
way, and containing the information, the Secretary considers appropriate.
(f) APPLICATION.—(1) This section revises, but does not replace, Stand-
ard 208 as in effect on December 18, 1991, including the amendment of
March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the re-
quirements for automatic crash protection, with incentives for more innova-
tive automatic crash protection, to trucks, buses, and multipurpose pas-
senger vehicles. This section may not be construed as—
(A) affecting another provision of law carried out by the Secretary
of Transportation applicable to passenger cars, buses, multipurpose
passenger vehicles, or trucks; or
(B) establishing a precedent related to developing or prescribing a
Government motor vehicle safety standard.
(2) This section and amendments to Standard 208 made under this sec-
tion may not be construed as indicating an intention by Congress to affect
any liability of a motor vehicle manufacturer under applicable law related
to vehicles with or without inflatable restraints.
(g) REPORT.—(1) On October 1, 1992, and every 6 months after that
date through October 1, 2000, the Secretary of Transportation shall submit
reports on the effectiveness of occupant restraint systems expressed as a
percentage reduction in fatalities or injuries of restrained occupants com-
pared to unrestrained occupants for—
(A) a combination of inflated restraints and lap and shoulder belts;
(B) inflated restraints only; and
(C) lap and shoulder belts only.
262
(2) In consultation with the Secretaries of Labor and Defense, the Sec-
retary of Transportation also shall provide information and analysis on lap
and shoulder belt use, nationally and in each State by—
(A) military personnel;
(B) Government, State, and local law enforcement officers;
(C) other Government and State employees; and
(D) the public.
(h) AIRBAGS FOR GOVERNMENT CARS.—In cooperation with the Adminis-
trator of General Services and the heads of appropriate departments, agen-
cies, and instrumentalities of the Government, the Secretary of Transpor-
tation shall establish a program, consistent with applicable procurement
laws of the Government and available appropriations, requiring that all pas-
senger cars acquired—
(1) after September 30, 1994, for use by the Government be
equipped, to the maximum extent practicable, with driver-side inflatable
restraints; and
(2) after September 30, 1996, for use by the Government be
equipped, to the maximum extent practicable, with inflatable restraints
for both front outboard seating positions.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR
VEHICLES AND EQUIPMENT
§ 30141. Importing motor vehicles capable of complying with
standards
(a) GENERAL.—Section 30112(a) of this title does not apply to a motor
vehicle if—
(1) on the initiative of the Secretary of Transportation or on petition
of a manufacturer or importer registered under subsection (c) of this
section, the Secretary decides—
(A) the vehicle is—
(i) substantially similar to a motor vehicle originally manu-
factured for import into and sale in the United States;
(ii) certified under section 30115 of this title;
(iii) the same model year (as defined under regulations of
the Secretary of Transportation) as the model of the motor
vehicle it is being compared to; and
(iv) capable of being readily altered to comply with applica-
ble motor vehicle safety standards prescribed under this chap-
ter; or
(B) if there is no substantially similar United States motor vehi-
cle, the safety features of the vehicle comply with or are capable
of being altered to comply with those standards based on destruc-
263
tive test information or other evidence the Secretary of Transpor-
tation decides is adequate;
(2) the vehicle is imported by a registered importer; and
(3) the registered importer pays the annual fee the Secretary of
Transportation establishes under subsection (e) of this section to pay
for the costs of carrying out the registration program for importers
under subsection (c) of this section and any other fees the Secretary
of Transportation establishes to pay for the costs of—
(A) processing bonds provided to the Secretary of the Treasury
under subsection (d) of this section; and
(B) making the decisions under this subchapter.
(b) PROCEDURES ON DECIDING ON MOTOR VEHICLE CAPABILITY.—(1)
The Secretary of Transportation shall establish by regulation procedures for
making a decision under subsection (a)(1) of this section and the informa-
tion a petitioner must provide to show clearly that the motor vehicle is capa-
ble of being brought into compliance with applicable motor vehicle safety
standards prescribed under this chapter. In establishing the procedures, the
Secretary shall provide for a minimum period of public notice and written
comment consistent with ensuring expeditious, but complete, consideration
and avoiding delay by any person. In making a decision under those proce-
dures, the Secretary shall consider test information and other information
available to the Secretary, including any information provided by the manu-
facturer. If the Secretary makes a negative decision, the Secretary may not
make another decision for the same model until at least 3 calendar months
have elapsed after the negative decision.
(2) The Secretary of Transportation shall publish each year in the Fed-
eral Register a list of all decisions made under subsection (a)(1) of this sec-
tion. Each published decision applies to the model of the motor vehicle for
which the decision was made. A positive decision permits another importer
registered under subsection (c) of this section to import a vehicle of the
same model under this section if the importer complies with all the terms
of the decision.
(c) REGISTRATION.—(1) The Secretary of Transportation shall establish
procedures for registering a person who complies with requirements pre-
scribed by the Secretary by regulation under this subsection, including—
(A) recordkeeping requirements;
(B) inspection of records and facilities related to motor vehicles the
person has imported, altered, or both; and
(C) requirements that ensure that the importer (or a successor in
interest) will be able technically and financially to carry out responsibil-
ities under sections 30117(b), 30118–30121, and 30166(f) of this title.
264
(2) The Secretary of Transportation shall deny registration to a person
whose registration is revoked under paragraph (4) of this subsection.
(3) The Secretary of Transportation may deny registration to a person
that is or was owned or controlled by, or under common ownership or con-
trol with, a person whose registration was revoked under paragraph (4) of
this subsection.
(4) The Secretary of Transportation shall establish procedures for—
(A) revoking or suspending a registration issued under paragraph
(1) of this subsection for not complying with a requirement of this sub-
chapter or section 30112, 30115, 30117–30122, 30125(c), 30127, or
30166 of this title or regulations prescribed under this subchapter or
those sections;
(B) automatically suspending a registration for not paying a fee
under subsection (a)(3) of this section in a timely manner or for know-
ingly filing a false or misleading certification under section 30146 of
this title; and
(C) reinstating suspended registrations.
(d) BONDS.—(1) A person importing a motor vehicle under this section
shall provide a bond to the Secretary of the Treasury (acting for the Sec-
retary of Transportation) and comply with the terms the Secretary of
Transportation decides are appropriate to ensure that the vehicle—
(A) will comply with applicable motor vehicle safety standards pre-
scribed under this chapter within a reasonable time (specified by the
Secretary of Transportation) after the vehicle is imported; or
(B) will be exported (at no cost to the United States Government)
by the Secretary of the Treasury or abandoned to the Government.
(2) The amount of the bond provided under this subsection shall be at
least equal to the dutiable value of the motor vehicle (as determined by the
Secretary of the Treasury) but not more than 150 percent of that value.
(e) FEE REVIEW, ADJUSTMENT, AND USE.—The Secretary of Transpor-
tation shall review and make appropriate adjustments at least every 2 years
in the amounts of the fees required to be paid under subsection (a)(3) of
this section. The Secretary of Transportation shall establish the fees for
each fiscal year before the beginning of that year. All fees collected remain
available until expended without fiscal year limit to the extent provided in
advance by appropriation laws. The amounts are only for use by the Sec-
retary of Transportation—
(1) in carrying out this section and sections 30146(a)–(c)(1), (d),
and (e) and 30147(b) of this title; and
265
(2) in advancing to the Secretary of the Treasury amounts for costs
incurred under this section and section 30146 of this title to reimburse
the Secretary of the Treasury for those costs.
§ 30142. Importing motor vehicles for personal use
(a) GENERAL.—Section 30112(a) of this title does not apply to an im-
ported motor vehicle if—
(1) the vehicle is imported for personal use, and not for resale, by
an individual (except an individual described in sections 30143 and
30144 of this title);
(2) the vehicle is imported after January 31, 1990; and
(3) the individual takes the actions required under subsection (b) of
this section to receive an exemption.
(b) EXEMPTIONS.—(1) To receive an exemption under subsection (a) of
this section, an individual must—
(A) provide the Secretary of the Treasury (acting for the Secretary
of Transportation) with—
(i) an appropriate bond in an amount determined under section
30141(d) of this title;
(ii) a copy of an agreement with an importer registered under
section 30141(c) of this title for bringing the motor vehicle into
compliance with applicable motor vehicle safety standards pre-
scribed under this chapter; and
(iii) a certification that the vehicle meets the requirement of sec-
tion 30141(a)(1)(A) or (B) of this title; and
(B) comply with appropriate terms the Secretary of Transportation
imposes to ensure that the vehicle—
(i) will be brought into compliance with those standards within
a reasonable time (specified by the Secretary of Transportation)
after the vehicle is imported; or
(ii) will be exported (at no cost to the United States Govern-
ment) by the Secretary of the Treasury or abandoned to the Gov-
ernment.
(2) For good cause shown, the Secretary of Transportation may allow an
individual additional time, but not more than 30 days after the day on
which the motor vehicle is offered for import, to comply with paragraph
(1)(A)(ii) of this subsection.
§ 30143. Motor vehicles imported by individuals employed
outside the United States
(a) DEFINITION.—In this section, ‘‘assigned place of employment’’
means—
266
(1) the principal location at which an individual is permanently or
indefinitely assigned to work; and
(2) for a member of the uniformed services, the individual’s perma-
nent duty station.
(b) GENERAL.—Section 30112(a) of this title does not apply to a motor
vehicle imported for personal use, and not for resale, by an individual—
(1) whose assigned place of employment was outside the United
States as of October 31, 1988, and who has not had an assigned place
of employment in the United States from that date through the date
the vehicle is imported into the United States;
(2) who previously had not imported a motor vehicle into the United
States under this section or section 108(g) of the National Traffic and
Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under
section 108(b)(3) of that Act;
(3) who acquired, or made a binding contract to acquire, the vehicle
before October 31, 1988;
(4) who imported the vehicle into the United States not later than
October 31, 1992; and
(5) who satisfies section 108(b)(3) of that Act as in effect on Octo-
ber 30, 1988.
(c) CERTIFICATION.—Subsection (b) of this section is carried out by cer-
tification in the form the Secretary of Transportation or the Secretary of
the Treasury may prescribe.
§ 30144. Importing motor vehicles on a temporary basis
(a) GENERAL.—Section 30112(a) of this title does not apply to a motor
vehicle imported on a temporary basis for personal use by an individual who
is a member of—
(1)(A) the personnel of the government of a foreign country on as-
signment in the United States or a member of the Secretariat of a pub-
lic international organization designated under the International Orga-
nization Immunities Act (22 U.S.C. 288 et seq.); and
(B) the class of individuals for whom the Secretary of State has au-
thorized free importation of motor vehicles; or
(2) the armed forces of a foreign country on assignment in the Unit-
ed States.
(b) VERIFICATION.—The Secretary of Transportation or the Secretary of
the Treasury may require verification, that the Secretary of Transportation
considers appropriate, that an individual is a member described under sub-
section (a) of this section. The Secretary of Transportation shall ensure that
a motor vehicle imported under this section will be exported (at no cost to
267
the United States Government) or abandoned to the Government when the
individual no longer—
(1) resides in the United States; and
(2) is a member described under subsection (a) of this section.
(c) SALE IN THE UNITED STATES.—A motor vehicle imported under this
section may not be sold when in the United States.
§ 30145. Importing motor vehicles or equipment requiring
further manufacturing
Section 30112(a) of this title does not apply to a motor vehicle or motor
vehicle equipment if the vehicle or equipment—
(1) requires further manufacturing to perform its intended function
as decided under regulations prescribed by the Secretary of Transpor-
tation; and
(2) is accompanied at the time of importation by a written statement
issued by the manufacturer indicating the applicable motor vehicle safe-
ty standard prescribed under this chapter with which it does not com-
ply.
§ 30146. Release of motor vehicles and bonds
(a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as provided in
subsections (c) and (d) of this section, an importer registered under section
30141(c) of this title may license or register an imported motor vehicle for
use on public streets, roads, or highways, or release custody of a motor vehi-
cle imported by the registered importer or imported by an individual under
section 30142 of this title and altered by the registered importer to meet
applicable motor vehicle safety standards prescribed under this chapter to
a person for license or registration for use on public streets, roads, or high-
ways, only after 30 days after the registered importer certifies to the Sec-
retary of Transportation, in the way the Secretary prescribes, that the
motor vehicle complies with each standard prescribed in the year the vehicle
was manufactured and that applies in that year to that vehicle. A vehicle
may not be released if the Secretary gives written notice before the end of
the 30-day period that the Secretary will inspect the vehicle under sub-
section (c) of this section.
(2) The Secretaries of Transportation and the Treasury shall prescribe
regulations—
(A) ensuring the release of a motor vehicle and bond required under
section 30141(d) of this title at the end of the 30-day period, unless
the Secretary of Transportation issues a notice of an inspection under
subsection (c) of this section; and
(B) providing that the Secretary of Transportation shall release the
vehicle and bond promptly after an inspection under subsection (c) of
269
pliance with applicable motor vehicle safety standards prescribed under this
chapter.
§ 30147. Responsibility for defects and noncompliance
(a) DEEMING DEFECT OR NONCOMPLIANCE TO CERTAIN VEHICLES AND
IMPORTER AS MANUFACTURER.—(1) In carrying out sections 30117(b),
30118–30121, and 30166(f) of this title—
(A) for a defect or noncompliance with an applicable motor vehicle
safety standard prescribed under this chapter for a motor vehicle origi-
nally manufactured for import into the United States, an imported
motor vehicle having a valid certification under section 30146(a)(1) of
this title and decided to be substantially similar to that motor vehicle
shall be deemed as having the same defect or as not complying with
the same standard unless the manufacturer or importer registered
under section 30141(c) of this title demonstrates otherwise to the Sec-
retary of Transportation; and
(B) the registered importer shall be deemed to be the manufacturer
of any motor vehicle that the importer imports or brings into compli-
ance with the standards for an individual under section 30142 of this
title.
(2) The Secretary shall publish in the Federal Register notice of any de-
fect or noncompliance under paragraph (1)(A) of this subsection.
(b) FINANCIAL RESPONSIBILITY REQUIREMENT.—The Secretary shall re-
quire by regulation each registered importer (including any successor in in-
terest) to provide and maintain evidence, satisfactory to the Secretary, of
sufficient financial responsibility to meet its obligations under sections
30117(b), 30118–30121, and 30166(f) of this title.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
§ 30161. Judicial review of standards
(a) FILING AND VENUE.—A person adversely affected by an order pre-
scribing a motor vehicle safety standard under this chapter may apply for
review of the order by filing a petition for review in the court of appeals
of the United States for the circuit in which the person resides or has its
principal place of business. The petition must be filed not later than 59 days
after the order is issued.
(b) NOTIFYING SECRETARY.—The clerk of the court shall send imme-
diately a copy of the petition to the Secretary of Transportation. The Sec-
retary shall file with the court a record of the proceeding in which the order
was prescribed.
(c) ADDITIONAL PROCEEDINGS.—(1) On request of the petitioner, the
court may order the Secretary to receive additional evidence and evidence
in rebuttal if the court is satisfied that the additional evidence is material
270
and there were reasonable grounds for not presenting the evidence in the
proceeding before the Secretary.
(2) The Secretary may modify findings of fact or make new findings be-
cause of the additional evidence presented. The Secretary shall file a modi-
fied or new finding, a recommendation to modify or set aside the order, and
the additional evidence with the court.
(d) CERTIFIED COPIES OF RECORDS OF PROCEEDINGS.—The Secretary
shall give any interested person a certified copy of the transcript of the
record in a proceeding under this section on request and payment of costs.
A certified copy of the record of the proceeding is admissible in a proceeding
arising out of a matter under this chapter, regardless of whether the pro-
ceeding under this section has begun or becomes final.
(e) FINALITY OF JUDGMENT AND SUPREME COURT REVIEW.—A judg-
ment of a court under this section is final and may be reviewed only by
the Supreme Court under section 1254 of title 28.
§ 30162. Petitions by interested persons for standards and
enforcement
(a) FILING.—Any interested person may file a petition with the Secretary
of Transportation requesting the Secretary to begin a proceeding—
(1) to prescribe a motor vehicle safety standard under this chapter;
or
(2) to decide whether to issue an order under section 30118(b) of
this title.
(b) STATEMENT OF FACTS.—The petition must state facts that the per-
son claims establish that a motor vehicle safety standard or order referred
to in subsection (a) of this section is necessary and briefly describe the
order the Secretary should issue.
(c) PROCEEDINGS.—The Secretary may hold a public hearing or conduct
an investigation or proceeding to decide whether to grant the petition.
(d) ACTIONS OF SECRETARY.—The Secretary shall grant or deny a peti-
tion not later than 120 days after the petition is filed. If a petition is grant-
ed, the Secretary shall begin the proceeding promptly. If a petition is de-
nied, the Secretary shall publish the reasons for the denial in the Federal
Register.
§ 30163. Actions by the Attorney General
(a) CIVIL ACTIONS TO ENFORCE.—The Attorney General may bring a
civil action in a United States district court to enjoin—
(1) a violation of this chapter or a regulation prescribed or order is-
sued under this chapter; and
(2) the sale, offer for sale, or introduction or delivery for introduc-
tion, in interstate commerce, or the importation into the United States,
271
of a motor vehicle or motor vehicle equipment for which it is decided,
before the first purchase in good faith other than for resale, that the
vehicle or equipment—
(A) contains a defect related to motor vehicle safety about which
notice was given under section 30118(c) of this title or an order
was issued under section 30118(b) of this title; or
(B) does not comply with an applicable motor vehicle safety
standard prescribed under this chapter.
(b) PRIOR NOTICE.—When practicable, the Secretary of Transportation
shall notify a person against whom a civil action under subsection (a) of
this section is planned, give the person an opportunity to present that per-
son’s views, and, except for a knowing and willful violation of this chapter,
give the person a reasonable opportunity to remedy the defect or comply
with the applicable motor vehicle safety standard prescribed under this
chapter. Failure to give notice and an opportunity to remedy the defect or
comply with the applicable motor vehicle safety standard prescribed under
this chapter does not prevent a court from granting appropriate relief.
(c) VENUE.—Except as provided in section 30121(d) of this title, a civil
action under this section or section 30165(a) of this title may be brought
in the judicial district in which the violation occurred or the defendant is
found, resides, or does business. Process in the action may be served in any
other judicial district in which the defendant resides or is found.
(d) JURY TRIAL DEMAND.—In a trial for criminal contempt for violating
an injunction or restraining order issued under subsection (a) of this sec-
tion, the violation of which is also a violation of this chapter, the defendant
may demand a jury trial. The defendant shall be tried as provided in rule
42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(e) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec-
tion, a subpena for a witness may be served in any judicial district.
§ 30164. Service of process
(a) DESIGNATING AGENTS.—A manufacturer offering a motor vehicle or
motor vehicle equipment for import shall designate an agent on whom serv-
ice of notices and process in administrative and judicial proceedings may be
made. The designation shall be in writing and filed with the Secretary of
Transportation. The designation may be changed in the same way as origi-
nally made.
(b) SERVICE.—An agent may be served at the agent’s office or usual
place of residence. Service on the agent is deemed to be service on the man-
ufacturer. If a manufacturer does not designate an agent, service may be
made by posting the notice or process in the office of the Secretary.
272
§ 30165. Civil penalty
(a) PENALTY.—A person that violates section 30112, 30115, 30117–
30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166 of this title or
a regulation prescribed under those sections is liable to the United States
Government for a civil penalty of not more than $1,000 for each violation.
A separate violation occurs for each motor vehicle or item of motor vehicle
equipment and for each failure or refusal to allow or perform an act re-
quired by those sections. The maximum penalty under this subsection for
a related series of violations is $800,000.
(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation
may compromise the amount of a civil penalty imposed under this section.
(2) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the person liable
for the penalty.
(c) CONSIDERATIONS.—In determining the amount of a civil penalty or
compromise, the appropriateness of the penalty or compromise to the size
of the business of the person charged and the gravity of the violation shall
be considered.
(d) SUBPENAS FOR WITNESSES.—In a civil action brought under this sec-
tion, a subpena for a witness may be served in any judicial district.
§ 30166. Inspections, investigations, and records
(a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means an oc-
currence associated with the maintenance or operation of a motor vehicle
or motor vehicle equipment resulting in personal injury, death, or property
damage.
(b) AUTHORITY TO INSPECT AND INVESTIGATE.—(1) The Secretary of
Transportation may conduct an inspection or investigation—
(A) that may be necessary to enforce this chapter or a regulation
prescribed or order issued under this chapter; or
(B) related to a motor vehicle accident and designed to carry out this
chapter.
(2) The Secretary of Transportation shall cooperate with State and local
officials to the greatest extent possible in an inspection or investigation
under paragraph (1)(B) of this subsection.
(c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—In carry-
ing out this chapter, an officer or employee designated by the Secretary of
Transportation—
(1) at reasonable times, may inspect and copy any record related to
this chapter;
(2) on request, may inspect records of a manufacturer, distributor,
or dealer to decide whether the manufacturer, distributor, or dealer has
273
complied or is complying with this chapter or a regulation prescribed
or order issued under this chapter; and
(3) at reasonable times, in a reasonable way, and on display of prop-
er credentials and written notice to an owner, operator, or agent in
charge, may—
(A) enter and inspect with reasonable promptness premises in
which a motor vehicle or motor vehicle equipment is manufactured,
held for introduction in interstate commerce, or held for sale after
introduction in interstate commerce;
(B) enter and inspect with reasonable promptness premises at
which a vehicle or equipment involved in a motor vehicle accident
is located;
(C) inspect with reasonable promptness that vehicle or equip-
ment; and
(D) impound for not more than 72 hours a vehicle or equipment
involved in a motor vehicle accident.
(d) REASONABLE COMPENSATION.—When a motor vehicle (except a vehi-
cle subject to subchapter II of chapter 105 of this title) or motor vehicle
equipment is inspected or temporarily impounded under subsection (c)(3) of
this section, the Secretary of Transportation shall pay reasonable compensa-
tion to the owner of the vehicle if the inspection or impoundment results
in denial of use, or reduction in value, of the vehicle.
(e) RECORDS AND MAKING REPORTS.—The Secretary of Transportation
reasonably may require a manufacturer of a motor vehicle or motor vehicle
equipment to keep records, and a manufacturer, distributor, or dealer to
make reports, to enable the Secretary to decide whether the manufacturer,
distributor, or dealer has complied or is complying with this chapter or a
regulation prescribed or order issued under this chapter. This subsection
does not impose a recordkeeping requirement on a distributor or dealer in
addition to those imposed under subsection (f) of this section and section
30117(b) of this title or a regulation prescribed or order issued under sub-
section (f) or section 30117(b).
(f) PROVIDING COPIES OF COMMUNICATIONS ABOUT DEFECTS AND NON-
COMPLIANCE.—A manufacturer shall give the Secretary of Transportation
a true or representative copy of each communication to the manufacturer’s
dealers or to owners or purchasers of a motor vehicle or replacement equip-
ment produced by the manufacturer about a defect or noncompliance with
a motor vehicle safety standard prescribed under this chapter in a vehicle
or equipment that is sold or serviced.
274
(g) ADMINISTRATIVE AUTHORITY ON REPORTS, ANSWERS, AND HEAR-
INGS.—(1) In carrying out this chapter, the Secretary of Transportation
may—
(A) require, by general or special order, any person to file reports
or answers to specific questions, including reports or answers under
oath; and
(B) conduct hearings, administer oaths, take testimony, and require
(by subpena or otherwise) the appearance and testimony of witnesses
and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee
and mileage the witness would have been paid in a court of the United
States.
(h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A civil action to enforce
a subpena or order under subsection (g) of this section may be brought in
the United States district court for the judicial district in which the pro-
ceeding is conducted. The court may punish a failure to obey an order of
the court to comply with a subpena or order as a contempt of court.
(i) GOVERNMENTAL COOPERATION.—The Secretary of Transportation
may request a department, agency, or instrumentality of the United States
Government to provide records the Secretary considers necessary to carry
out this chapter. The head of the department, agency, or instrumentality
shall provide the record on request, may detail personnel on a reimbursable
basis, and otherwise shall cooperate with the Secretary. This subsection does
not affect a law limiting the authority of a department, agency, or instru-
mentality to provide information to another department, agency, or instru-
mentality.
(j) COOPERATION OF SECRETARY.—The Secretary of Transportation may
advise, assist, and cooperate with departments, agencies, and instrumental-
ities of the Government, States, and other public and private agencies in
developing a method for inspecting and testing to determine compliance with
a motor vehicle safety standard.
(k) PROVIDING INFORMATION.—The Secretary of Transportation shall
provide the Attorney General and, when appropriate, the Secretary of the
Treasury, information obtained that indicates a violation of this chapter or
a regulation prescribed or order issued under this chapter.
§ 30167. Disclosure of information by the Secretary of Trans-
portation
(a) CONFIDENTIALITY OF INFORMATION.—Information obtained under
this chapter related to a confidential matter referred to in section 1905 of
title 18 may be disclosed only in the following ways:
(1) to other officers and employees carrying out this chapter.
275
(2) when relevant to a proceeding under this chapter.
(3) to the public if the confidentiality of the information is preserved.
(4) to the public when the Secretary of Transportation decides that
disclosure is necessary to carry out section 30101 of this title.
(b) DEFECT AND NONCOMPLIANCE INFORMATION.—Subject to subsection
(a) of this section, the Secretary shall disclose information obtained under
this chapter related to a defect or noncompliance that the Secretary decides
will assist in carrying out sections 30117(b) and 30118–30121 of this title
or that is required to be disclosed under section 30118(a) of this title. A
requirement to disclose information under this subsection is in addition to
the requirements of section 552 of title 5.
(c) INFORMATION
ABOUT
MANUFACTURER’S
INCREASED
COSTS.—A
manufacturer opposing an action of the Secretary under this chapter be-
cause of increased cost shall submit to the Secretary information about the
increased cost, including the manufacturer’s cost and the cost to retail pur-
chasers, that allows the public and the Secretary to evaluate the manufac-
turer’s statement. The Secretary shall evaluate the information promptly
and, subject to subsection (a) of this section, shall make the information
and evaluation available to the public. The Secretary shall publish a notice
in the Federal Register that the information is available.
(d) WITHHOLDING INFORMATION FROM CONGRESS.—This section does
not authorize information to be withheld from a committee of Congress au-
thorized to have the information.
§ 30168. Research, testing, development, and training
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation shall
conduct research, testing, development, and training necessary to carry out
this chapter. The research, development, testing, and training shall in-
clude—
(A) collecting information to determine the relationship between
motor vehicle or motor vehicle equipment performance characteristics
and—
(i) accidents involving motor vehicles; and
(ii) the occurrence of death or personal injury resulting from
those accidents;
(B) obtaining experimental and other motor vehicles and motor vehi-
cle equipment for research or testing; and
(C) selling or otherwise disposing of test motor vehicles and motor
vehicle equipment and crediting the proceeds to current appropriations
available to carry out this chapter.
(2) The Secretary may carry out this subsection through grants to States,
interstate authorities, and nonprofit institutions.
276
(b) USE OF PUBLIC AGENCIES.—In carrying out this chapter, the Sec-
retary shall use the services, research, and testing facilities of public agen-
cies to the maximum extent practicable to avoid duplication.
(c) FACILITIES.—The Secretary may plan, design, and build a new facil-
ity or modify an existing facility to conduct research, development, and test-
ing in traffic safety, highway safety, and motor vehicle safety. An expendi-
ture of more than $100,000 for planning, design, or construction may be
made only if the planning, design, or construction is approved by substan-
tially similar resolutions by the Committees on Energy and Commerce and
Public Works and Transportation of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Environment
and Public Works of the Senate. To obtain that approval, the Secretary
shall submit to Congress a prospectus on the proposed facility. The prospec-
tus shall include—
(1) a brief description of the facility being planned, designed, or
built;
(2) the location of the facility;
(3) an estimate of the maximum cost of the facility;
(4) a statement identifying private and public agencies that will use
the facility and the contribution each agency will make to the cost of
the facility; and
(5) a justification of the need for the facility.
(d) INCREASING COSTS OF APPROVED FACILITIES.—The estimated maxi-
mum cost of a facility approved under subsection (c) of this section may
be increased by an amount equal to the percentage increase in construction
costs from the date the prospectus is submitted to Congress. However, the
increase in the cost of the facility may not be more than 10 percent of the
estimated maximum cost included in the prospectus. The Secretary shall de-
cide what increase in construction costs has occurred.
(e) AVAILABILITY OF INFORMATION, PATENTS, AND DEVELOPMENTS.—
When the United States Government makes more than a minimal contribu-
tion to a research or development activity under this chapter, the Secretary
shall include in the arrangement for the activity a provision to ensure that
all information, patents, and developments related to the activity are avail-
able to the public. However, the owner of a background patent may not be
deprived of a right under the patent.
§ 30169. Annual reports
(a) GENERAL REPORT.—The Secretary of Transportation shall submit to
the President to submit to Congress on July 1 of each year a report on
the administration of this chapter for the prior calendar year. The report
shall include—
277
(1) a thorough statistical compilation of accidents and injuries;
(2) motor vehicle safety standards in effect or prescribed under this
chapter;
(3) the degree of observance of the standards;
(4) a summary of current research grants and contracts and a de-
scription of the problems to be considered under those grants and con-
tracts;
(5) an analysis and evaluation of research activities completed and
technological progress achieved;
(6) enforcement actions;
(7) the extent to which technical information was given the scientific
community and consumer-oriented information was made available to
the public; and
(8) recommendations for legislation needed to promote cooperation
among the States in improving traffic safety and strengthening the na-
tional traffic safety program.
(b) REPORT
ON IMPORTING MOTOR VEHICLES.—Not later than 18
months after regulations are first prescribed under section 2(e)(1)(B) of the
Imported Vehicle Safety Compliance Act of 1988, the Secretary shall submit
to Congress a report of the actions taken to carry out subchapter III of
this chapter and the effectiveness of those actions, including any testing by
the Secretary under section 30146(c)(2) of this title. After the first report,
the Secretary shall submit a report to Congress under this subsection not
later than July 31 of each year.
CHAPTER 303—NATIONAL DRIVER REGISTER
Sec.
30301.
Definitions.
30302.
National Driver Register.
30303.
State participation.
30304.
Reports by chief driver licensing officials.
30305.
Access to Register information.
30306.
National Driver Register Advisory Committee.
30307.
Criminal penalties.
30308.
Authorization of appropriations.
§ 30301. Definitions
In this chapter—
(1) ‘‘alcohol’’ has the same meaning given that term in regulations
prescribed by the Secretary of Transportation.
(2) ‘‘chief driver licensing official’’ means the official in a State who
is authorized to—
(A) maintain a record about a motor vehicle operator’s license
issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor vehicle oper-
ator’s license issued by the State.
278
(3) ‘‘controlled substance’’ has the same meaning given that term in
section 102 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 802).
(4) ‘‘motor vehicle’’ means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used on public
streets, roads, or highways, but does not include a vehicle operated only
on a rail line.
(5) ‘‘motor vehicle operator’s license’’ means a license issued by a
State authorizing an individual to operate a motor vehicle on public
streets, roads, or highways.
(6) ‘‘participating State’’ means a State that has notified the Sec-
retary under section 30303 of this title of its participation in the Na-
tional Driver Register.
(7) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Northern Mariana Islands, the Trust Territory of the Pacific Islands,
and any other territory or possession of the United States.
(8) ‘‘State of record’’ means a State that has given the Secretary
a report under section 30304 of this title about an individual who is
the subject of a request for information made under section 30305 of
this title.
§ 30302. National Driver Register
(a) ESTABLISHMENT AND CONTENTS.—The Secretary of Transportation
shall establish as soon as practicable and maintain a National Driver Reg-
ister to assist chief driver licensing officials of participating States in ex-
changing information about the motor vehicle driving records of individuals.
The Register shall contain an index of the information reported to the Sec-
retary under section 30304 of this title. The Register shall enable the Sec-
retary (electronically or, until all States can participate electronically, by
United States mail)—
(1) to receive information submitted under section 30304 of this title
by the chief driver licensing official of a State of record;
(2) to receive a request for information made by the chief driver li-
censing official of a participating State under section 30305 of this
title;
(3) to refer the request to the chief driver licensing official of a State
of record; and
(4) in response to the request, to relay information provided by a
chief driver licensing official of a State of record to the chief driver li-
censing official of a participating State, without interception of the in-
formation.
279
(b) ACCURACY OF INFORMATION.—The Secretary is not responsible for
the accuracy of information relayed to the chief driver licensing official of
a participating State. However, the Secretary shall maintain the Register
in a way that ensures against inadvertent alteration of information during
a relay.
(c) TRANSITION FROM PRIOR REGISTER.—(1) The Secretary shall pro-
vide by regulation for the orderly transition from the register maintained
under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as re-
stated by section 401 of the National Traffic and Motor Vehicle Safety Act
of 1966 (Public Law 89–563, 80 Stat. 730), to the Register maintained
under this chapter.
(2)(A) The Secretary shall delete from the Register a report or informa-
tion that was compiled under the Act of July 14, 1960 (Public Law 86–
660, 74 Stat. 526), as restated by section 401 of the National Traffic and
Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and
transferred to the Register, after the earlier of—
(i) the date the State of record removes it from the State’s file;
(ii) 7 years after the date the report or information is entered in the
Register; or
(iii) the date a fully electronic Register system is established.
(B) The report or information shall be disposed of under chapter 33 of
title 44.
(3) If the chief driver licensing official of a participating State finds that
information provided for inclusion in the Register is erroneous or is related
to a conviction of a traffic offense that subsequently is reversed, the official
immediately shall notify the Secretary. The Secretary shall provide for the
immediate deletion of the information from the Register.
(d) ASSIGNMENT OF PERSONNEL.—In carrying out this chapter, the Sec-
retary shall assign personnel necessary to ensure the effective operation of
the Register.
§ 30303. State participation
(a) NOTIFICATION.—A State may become a participating State under this
chapter by notifying the Secretary of Transportation of its intention to be
bound by section 30304 of this title.
(b) WITHDRAWAL.—A participating State may end its status as a partici-
pating State by notifying the Secretary of its withdrawal from participation
in the National Driver Register.
(c) FORM AND WAY OF NOTIFICATION.—Notification by a State under
this section shall be made in the form and way the Secretary prescribes by
regulation.
280
§ 30304. Reports by chief driver licensing officials
(a) INDIVIDUALS COVERED.—As soon as practicable, the chief driver li-
censing official of each participating State shall submit to the Secretary of
Transportation a report containing the information specified by subsection
(b) of this section for each individual—
(1) who is denied a motor vehicle operator’s license by that State for
cause;
(2) whose motor vehicle operator’s license is revoked, suspended, or
canceled by that State for cause; or
(3) who is convicted under the laws of that State of any of the fol-
lowing motor vehicle-related offenses or comparable offenses:
(A) operating a motor vehicle while under the influence of, or
impaired by, alcohol or a controlled substance.
(B) a traffic violation arising in connection with a fatal traffic
accident, reckless driving, or racing on the highways.
(C) failing to give aid or provide identification when involved in
an accident resulting in death or personal injury.
(D) perjury or knowingly making a false affidavit or statement
to officials about activities governed by a law or regulation on the
operation of a motor vehicle.
(b) CONTENTS.—(1) Except as provided in paragraph (2) of this sub-
section, a report under subsection (a) of this section shall contain—
(A) the individual’s legal name, date of birth, sex, and, at the Sec-
retary’s discretion, height, weight, and eye and hair color;
(B) the name of the State providing the information; and
(C) the social security account number if used by the State for driver
record or motor vehicle license purposes, and the motor vehicle opera-
tor’s license number if different from the social security account num-
ber.
(2) A report under subsection (a) of this section about an event that oc-
curs during the 2-year period before the State becomes a participating State
is sufficient if the report contains all of the information that is available
to the chief driver licensing official when the State becomes a participating
State.
(c) TIME FOR FILING.—If a report under subsection (a) of this section
is about an event that occurs—
(1) during the 2-year period before the State becomes a participating
State, the report shall be submitted not later than 6 months after the
State becomes a participating State; or
(2) after the State becomes a participating State, the report shall
be submitted not later than 31 days after the motor vehicle department
281
of the State receives any information specified in subsection (b)(1) of
this section that is the subject of the report.
(d) EVENTS OCCURRING BEFORE PARTICIPATION.—This section does not
require a State to report information about an event that occurs before the
2-year period before the State becomes a participating State.
§ 30305. Access to Register information
(a) REFERRALS OF INFORMATION REQUESTS.—(1) To carry out duties
related to driver licensing, driver improvement, or transportation safety, the
chief driver licensing official of a participating State may request the Sec-
retary of Transportation to refer, electronically or by United States mail,
a request for information about the motor vehicle driving record of an indi-
vidual to the chief driver licensing official of a State of record.
(2) The Secretary of Transportation shall relay, electronically or by Unit-
ed States mail, information received from the chief driver licensing official
of a State of record in response to a request under paragraph (1) of this
subsection to the chief driver licensing official of the participating State re-
questing the information. However, the Secretary may refuse to relay infor-
mation to the chief driver licensing official of a participating State that does
not comply with section 30304 of this title.
(b) REQUESTS TO OBTAIN INFORMATION.—(1) The Chairman of the Na-
tional Transportation Safety Board and the Administrator of the Federal
Highway Administration may request the chief driver licensing official of a
State to obtain information under subsection (a) of this section about an
individual who is the subject of an accident investigation conducted by the
Board or the Administrator. The Chairman and the Administrator may re-
ceive the information.
(2) An individual who is employed, or is seeking employment, as a driver
of a motor vehicle may request the chief driver licensing official of the State
in which the individual is employed or seeks employment to provide informa-
tion about the individual under subsection (a) of this section to the individ-
ual’s employer or prospective employer. An employer or prospective em-
ployer may receive the information and shall make the information available
to the individual. Information may not be obtained from the National Driver
Register under this paragraph if the information was entered in the Reg-
ister more than 3 years before the request.
(3) An individual who has received, or is applying for, an airman’s certifi-
cate may request the chief driver licensing official of a State to provide in-
formation about the individual under subsection (a) of this section to the
Administrator of the Federal Aviation Administration. The Administrator
may receive the information and shall make the information available to the
individual for review and written comment. The Administrator may use the
282
information to verify information required to be reported to the Adminis-
trator by an airman applying for an airman medical certificate and to evalu-
ate whether the airman meets the minimum standards prescribed by the Ad-
ministrator to be issued an airman medical certificate. The Administrator
may not otherwise divulge or use the information. Information may not be
obtained from the Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request, unless the infor-
mation is about a revocation or suspension still in effect on the date of the
request.
(4) An individual who is employed, or is seeking employment, by a rail
carrier as an operator of a locomotive may request the chief driver licensing
official of a State to provide information about the individual under sub-
section (a) of this section to the individual’s employer or prospective em-
ployer or to the Secretary of Transportation. Information may not be ob-
tained from the Register under this paragraph if the information was en-
tered in the Register more than 3 years before the request, unless the infor-
mation is about a revocation or suspension still in effect on the date of the
request.
(5) An individual who holds, or is applying for, a license or certificate
of registry under section 7101 of title 46, or a merchant mariner’s docu-
ment under section 7302 of title 46, may request the chief driver licensing
official of a State to provide information about the individual under sub-
section (a) of this section to the Secretary of the department in which the
Coast Guard is operating. The Secretary may receive the information and
shall make the information available to the individual for review and written
comment before denying, suspending, or revoking the license, certificate, or
document of the individual based on the information and before using the
information in an action taken under chapter 77 of title 46. The Secretary
may not otherwise divulge or use the information, except for purposes of
section 7101, 7302, or 7703 of title 46. Information may not be obtained
from the Register under this paragraph if the information was entered in
the Register more than 3 years before the request, unless the information
is about a revocation or suspension still in effect on the date of the request.
(6) An individual may request the chief driver licensing official of a State
to obtain information about the individual under subsection (a) of this sec-
tion—
(A) to learn whether information about the individual is being pro-
vided;
(B) to verify the accuracy of the information; or
(C) to obtain a certified copy of the information.
283
(7) A request under this subsection shall be made in the form and way
the Secretary of Transportation prescribes by regulation.
(c) RELATIONSHIP TO OTHER LAWS.—A request for, or receipt of, infor-
mation from the Register is subject to sections 552 and 552a of title 5, and
other applicable laws of the United States or a State, except that—
(1) the Secretary of Transportation may not relay or otherwise pro-
vide information specified in section 30304(b)(1)(A) or (C) of this title
to a person not authorized by this section to receive the information;
(2) a request for, or receipt of, information by a chief driver licens-
ing official, or by a person authorized by subsection (b) of this section
to request and receive the information, is deemed to be a routine use
under section 552a(b) of title 5; and
(3) receipt of information by a person authorized by this section to
receive the information is deemed to be a disclosure under section
552a(c) of title 5, except that the Secretary of Transportation is not
required to retain the accounting made under section 552a(c)(1) for
more than 7 years after the disclosure.
(d) AVAILABILITY OF INFORMATION PROVIDED UNDER PRIOR LAW.—In-
formation provided by a State under the Act of July 14, 1960 (Public Law
86–660, 74 Stat. 526), as restated by section 401 of the National Traffic
and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730),
and under this chapter, shall be available under this section during the tran-
sition from the register maintained under that Act to the Register main-
tained under this chapter.
§ 30306. National Driver Register Advisory Committee
(a) ORGANIZATION.—There is a National Driver Register Advisory Com-
mittee.
(b) DUTIES.—The Committee shall advise the Secretary of Transpor-
tation on—
(1) the efficiency of the maintenance and operation of the National
Driver Register; and
(2) the effectiveness of the Register in assisting States in exchanging
information about motor vehicle driving records.
(c) COMPOSITION AND APPOINTMENT.—The Committee is composed of
15 members appointed by the Secretary as follows:
(1) 3 members appointed from among individuals who are specially
qualified to serve on the Committee because of their education, train-
ing, or experience, and who are not officers or employees of the United
States Government or a State.
284
(2) 3 members appointed from among groups outside the Govern-
ment that represent the interests of bus and trucking organizations,
enforcement officials, labor, or safety organizations.
(3) 9 members, geographically representative of the participating
States, appointed from among individuals who are chief driver licensing
officials of participating States.
(d) TERMS.—(1) Except as provided in paragraph (2) of this subsection,
the term of each member is 3 years.
(2) A vacancy on the Committee shall be filled in the same way as an
original appointment. A member appointed to fill a vacancy serves for the
remainder of the term of that member’s predecessor. After a member’s term
ends, the member may continue to serve until a successor takes office.
(e) PAY AND EXPENSES.—Members of the Committee serve without pay.
However, the Secretary may reimburse a member for reasonable travel ex-
penses incurred by the member in attending meetings of the Committee.
(f) MEETINGS, CHAIRMAN, VICE CHAIRMAN, AND QUORUM.—(1) The
Committee shall meet at least once a year.
(2) The Committee shall elect a Chairman and a Vice Chairman from
among its members.
(3) Eight members are a quorum.
(4) The Committee shall meet at the call of the Chairman or a majority
of the members.
(g) PERSONNEL AND SERVICES.—The Secretary may provide the Com-
mittee with personnel, penalty mail privileges, and similar services the Sec-
retary considers necessary to assist the Committee in carrying out its duties
and powers under this section.
(h) REPORTS.—At least once a year, the Committee shall submit to the
Secretary a report on the matters specified in subsection (b) of this section.
The report shall include any recommendations of the Committee for changes
in the Register.
(i) RELATIONSHIP TO OTHER LAWS.—The Committee is exempt from
sections 10(e) and (f) and 14 of the Federal Advisory Committee Act (5
App. U.S.C.).
§ 30307. Criminal penalties
(a) GENERAL PENALTY.—A person (except an individual described in sec-
tion 30305(b)(6) of this title) shall be fined under title 18, imprisoned for
not more than one year, or both, if—
(1) the person receives under section 30305 of this title information
specified in section 30304(b)(1)(A) or (C) of this title;
(2) disclosure of the information is not authorized by section 30305
of this title; and
285
(3) the person willfully discloses the information knowing that disclo-
sure is not authorized.
(b) INFORMATION PENALTY.—A person knowingly and willfully request-
ing, or under false pretenses obtaining, information specified in section
30304(b)(1)(A) or (C) of this title from a person receiving the information
under section 30305 of this title shall be fined under title 18, imprisoned
for not more than one year, or both.
§ 30308. Authorization of appropriations
(a) GENERAL.—The Secretary of Transportation shall make available
from amounts made available to carry out section 402 of title 23
$4,000,000 for each of the fiscal years ending September 30, 1993, and
September 30, 1994, to carry out this chapter.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under this sec-
tion remain available until expended.
CHAPTER 305—NATIONAL AUTOMOBILE TITLE
INFORMATION SYSTEM
Sec.
30501.
Definitions.
30502.
National Automobile Title Information System.
30503.
State participation.
30504.
Reporting requirements.
30505.
Penalties and enforcement.
§ 30501. Definitions
In this chapter—
(1) ‘‘automobile’’ has the same meaning given that term in section
32901(a) of this title.
(2) ‘‘certificate of title’’ means a document issued by a State showing
ownership of an automobile.
(3) ‘‘insurance carrier’’ means an individual or entity engaged in the
business of underwriting automobile insurance.
(4) ‘‘junk automobile’’ means an automobile that—
(A) is incapable of operating on public streets, roads, and high-
ways; and
(B) has no value except as a source of parts or scrap.
(5) ‘‘junk yard’’ means an individual or entity engaged in the busi-
ness of acquiring or owning junk automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(6) ‘‘operator’’ means the individual or entity authorized or des-
ignated as the operator of the National Automobile Title Information
System under section 30502(b) of this title, or the Secretary of Trans-
portation, if there is no authorized or designated individual or entity.
286
(7) ‘‘salvage automobile’’ means an automobile that is damaged by
collision, fire, flood, accident, trespass, or other event, to the extent
that its fair salvage value plus the cost of repairing the automobile for
legal operation on public streets, roads, and highways would be more
than the fair market value of the automobile immediately before the
event that caused the damage.
(8) ‘‘salvage yard’’ means an individual or entity engaged in the
business of acquiring or owning salvage automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(9) ‘‘State’’ means a State of the United States or the District of
Columbia.
§ 30502. National Automobile Title Information System
(a) ESTABLISHMENT
OR DESIGNATION.—(1) In cooperation with the
States and not later than January 31, 1996, the Secretary of Transpor-
tation shall establish a National Automobile Title Information System that
will provide individuals and entities referred to in subsection (e) of this sec-
tion with instant and reliable access to information maintained by the
States related to automobile titling described in subsection (d) of this sec-
tion. However, if the Secretary decides that the existing information system
meets the requirements of subsections (d) and (e) of this section and will
permit the Secretary to carry out this chapter as early as possible, the Sec-
retary, in consultation with the Attorney General, may designate an existing
information system as the National Automobile Title Information System.
(2) In cooperation with the Attorney General and the States, the Sec-
retary shall ascertain the extent to which title and related information to
be included in the system established under paragraph (1) of this subsection
will be adequate, timely, reliable, uniform, and capable of assisting in efforts
to prevent the introduction or reintroduction of stolen vehicles and parts
into interstate commerce.
(b) OPERATION.—The Secretary may authorize the operation of the Sys-
tem established or designated under subsection (a)(1) of this section by
agreement with one or more States, or by designating, after consulting with
the States, a third party that represents the interests of the States.
(c) USER FEES.—Operation of the System established or designated
under subsection (a)(1) of this section shall be paid for by user fees and
should be self-sufficient and not be dependent on amounts from the United
States Government. The amount of fees the operator collects and keeps
under this subsection subject to annual appropriation laws, excluding fees
the operator collects and pays to an entity providing information to the op-
erator, may be not more than the costs of operating the System.
287
(d) INFORMATION REQUIREMENTS.—The System established or des-
ignated under subsection (a)(1) of this section shall permit a user of the
System at least to establish instantly and reliably—
(1) the validity and status of a document purporting to be a certifi-
cate of title;
(2) whether an automobile bearing a known vehicle identification
number is titled in a particular State;
(3) whether an automobile known to be titled in a particular State
is or has been a junk automobile or a salvage automobile;
(4) for an automobile known to be titled in a particular State, the
odometer mileage disclosure required under section 32705 of this title
for that automobile on the date the certificate of title for that auto-
mobile was issued and any later mileage information, if noted by the
State; and
(5) whether an automobile bearing a known vehicle identification
number has been reported as a junk automobile or a salvage auto-
mobile under section 30504 of this title.
(e) AVAILABILITY OF INFORMATION.—(1) The operator shall make avail-
able—
(A) to a participating State on request of that State, information in
the System about any automobile;
(B) to a Government, State, or local law enforcement official on re-
quest of that official, information in the System about a particular
automobile, junk yard, or salvage yard;
(C) to a prospective purchaser of an automobile on request of that
purchaser, including an auction company or entity engaged in the busi-
ness of purchasing used automobiles, information in the System about
that automobile; and
(D) to a prospective or current insurer of an automobile on request
of that insurer, information in the System about that automobile.
(2) The operator may release only the information reasonably necessary
to satisfy the requirements of paragraph (1) of this subsection. The opera-
tor may not collect an individual’s social security account number or permit
users of the System to obtain an individual’s address or social security ac-
count number.
§ 30503. State participation
(a) STATE INFORMATION.—Each State shall make titling information
maintained by that State available for use in operating the National Auto-
mobile Title Information System established or designated under section
30502 of this title.
288
(b) VERIFICATION CHECKS.—Each State shall establish a practice of per-
forming an instant title verification check before issuing a certificate of title
to an individual or entity claiming to have purchased an automobile from
an individual or entity in another State. The check shall consist of—
(1) communicating to the operator—
(A) the vehicle identification number of the automobile for
which the certificate of title is sought;
(B) the name of the State that issued the most recent certificate
of title for the automobile; and
(C) the name of the individual or entity to whom the certificate
of title was issued; and
(2) giving the operator an opportunity to communicate to the partici-
pating State the results of a search of the information.
(c) GRANTS TO STATES.—(1) In cooperation with the States and not
later than January 1, 1994, the Secretary of Transportation shall—
(A) conduct a review of systems used by the States to compile and
maintain information about the titling of automobiles; and
(B) determine for each State the cost of making titling information
maintained by that State available to the operator to meet the require-
ments of section 30502(d) of this title.
(2) The Secretary may make grants to participating States to be used
in making titling information maintained by those States available to the
operator if—
(A) the grant to a State is not more than the lesser of—
(i) 25 percent of the cost of making titling information main-
tained by that State available to the operator as determined by the
Secretary under paragraph (1)(B) of this subsection; or
(ii) $300,000; and
(B) the Secretary decides that the grants are reasonable and nec-
essary to establish the System.
(d) REPORT TO CONGRESS.—Not later than January 1, 1997, the Sec-
retary shall report to Congress on which States have met the requirements
of this section. If a State has not met the requirements, the Secretary shall
describe the impediments that have resulted in the State’s failure to meet
the requirements.
§ 30504. Reporting requirements
(a) JUNK YARD AND SALVAGE YARD OPERATORS.—(1) Beginning at a
time established by the Secretary of Transportation that is not sooner than
the 3d month before the establishment or designation of the National Auto-
mobile Title Information System under section 30502 of this title, an indi-
vidual or entity engaged in the business of operating a junk yard or salvage
290
(b) COLLECTION AND COMPROMISE.—(1) The Secretary of Transpor-
tation shall impose a civil penalty under this section. The Attorney General
shall bring a civil action to collect the penalty. The Secretary may com-
promise the amount of the penalty. In determining the amount of the pen-
alty or compromise, the Secretary shall consider the appropriateness of the
penalty to the size of the business of the individual or entity charged and
the gravity of the violation.
(2) The Government may deduct the amount of a civil penalty imposed
or compromised under this section from amounts it owes the individual or
entity liable for the penalty.
PART B—COMMERCIAL
CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I—STATE GRANTS
Sec.
31101.
Definitions.
31102.
Grants to States.
31103.
United States Government’s share of costs.
31104.
Availability of amounts.
31105.
Employee protections.
31106.
Commercial motor vehicle information system program.
31107.
Truck and bus accident grant program.
31108.
Authorization of appropriations.
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
31111.
Length limitations.
31112.
Property-carrying unit limitation.
31113.
Width limitations.
31114.
Access to the Interstate System.
31115.
Enforcement.
SUBCHAPTER III—SAFETY REGULATION
31131.
Purposes and findings.
31132.
Definitions.
31133.
General powers of the Secretary of Transportation.
31134.
Commercial Motor Vehicle Safety Regulatory Review Panel.
31135.
Duties of employers and employees.
31136.
United States Government regulations.
31137.
Monitoring device and brake maintenance regulations.
31138.
Minimum financial responsibility for transporting passengers.
31139.
Minimum financial responsibility for transporting property.
31140.
Submission of State laws and regulations for review.
31141.
Review and preemption of State laws and regulations.
31142.
Inspection of vehicles.
31143.
Investigating complaints and protecting complainants.
31144.
Safety fitness of owners and operators.
31145.
Coordination of Governmental activities and paperwork.
31146.
Relationship to other laws.
31147.
Limitations on authority.
SUBCHAPTER IV—MISCELLANEOUS
31161.
Procedures to ensure timely correction of safety violations.
31162.
Compliance review priority.
SUBCHAPTER I—STATE GRANTS
§ 31101. Definitions
In this subchapter—
291
(1) ‘‘commercial motor vehicle’’ means (except in section 31106) a
self-propelled or towed vehicle used on the highways in commerce prin-
cipally to transport passengers or cargo, if the vehicle—
(A) has a gross vehicle weight rating of at least 10,000 pounds;
(B) is designed to transport more than 10 passengers including
the driver; or
(C) is used in transporting material found by the Secretary of
Transportation to be hazardous under section 5103 of this title.
(2) ‘‘employee’’ means a driver of a commercial motor vehicle (in-
cluding an independent contractor when personally operating a com-
mercial motor vehicle), a mechanic, a freight handler, or an individual
not an employer, who—
(A) directly affects commercial motor vehicle safety in the
course of employment by a commercial motor carrier; and
(B) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the course of
employment.
(3) ‘‘employer’’—
(A) means a person engaged in a business affecting commerce
that owns or leases a commercial motor vehicle in connection with
that business, or assigns an employee to operate the vehicle in
commerce; but
(B) does not include the Government, a State, or a political sub-
division of a State.
(4) ‘‘State’’ means a State of the United States, the District of Co-
lumbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands.
§ 31102. Grants to States
(a) GENERAL AUTHORITY.—Subject to this section and the availability of
amounts, the Secretary of Transportation may make grants to States for
the development or implementation of programs for the enforcement of reg-
ulations, standards, and orders of the United States Government on com-
mercial motor vehicle safety and compatible State regulations, standards,
and orders.
(b) STATE PLAN PROCEDURES AND CONTENTS.—(1) The Secretary shall
prescribe procedures for a State to submit a plan under which the State
agrees to adopt and assume responsibility for enforcing regulations, stand-
ards, and orders of the Government on commercial motor vehicle safety or
compatible State regulations, standards, and orders. The Secretary shall ap-
prove the plan if the Secretary decides the plan is adequate to promote the
objectives of this section and the plan—
292
(A) designates the State motor vehicle safety agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances the agency has or will have the
legal authority, resources, and qualified personnel necessary to enforce
the regulations, standards, and orders;
(C) contains satisfactory assurances the State will devote adequate
amounts to the administration of the plan and enforcement of the regu-
lations, standards, and orders;
(D) provides that the total expenditure of amounts of the State and
its political subdivisions (not including amounts of the Government) for
commercial motor vehicle safety programs for enforcement of commer-
cial motor vehicle size and weight limitations, drug interdiction, and
State traffic safety laws and regulations under subsection (c) of this
section will be maintained at a level at least equal to the average level
of that expenditure for its last 3 full fiscal years before December 18,
1991;
(E) provides a right of entry and inspection to carry out the plan;
(F) provides that all reports required under this section be submitted
to the agency and that the agency will make the reports available to
the Secretary on request;
(G) provides that the agency will adopt the reporting requirements
and use the forms for recordkeeping, inspections, and investigations the
Secretary prescribes;
(H) requires registrants of commercial motor vehicles to make a dec-
laration of knowledge of applicable safety regulations, standards, and
orders of the Government and the State;
(I) provides that the State will grant maximum reciprocity for in-
spections conducted under the North American Inspection Standard
through the use of a nationally accepted system that allows ready iden-
tification of previously inspected commercial motor vehicles;
(J) ensures that activities described in subsection (c) of this section,
if financed with grants under subsection (a) of this section, will not di-
minish the effectiveness of the development and implementation of com-
mercial motor vehicle safety programs described in subsection (a);
(K) ensures that fines imposed and collected by the State for viola-
tions of commercial motor vehicle safety regulations will be reasonable
and appropriate and that, to the maximum extent practicable, the State
will attempt to implement the recommended fine schedule published by
the Commercial Vehicle Safety Alliance;
293
(L) ensures that the State agency will coordinate the plan prepared
under this section with the State highway safety plan under section
402 of title 23;
(M) ensures participation by the 48 contiguous States in
SAFETYNET not later than January 1, 1994;
(N) provides satisfactory assurances that the State will undertake ef-
forts that will emphasize and improve enforcement of State and local
traffic safety laws and regulations related to commercial motor vehicle
safety;
(O) provides satisfactory assurances that the State will promote ac-
tivities—
(i) to remove impaired commercial motor vehicle drivers from
the highways of the United States through adequate enforcement
of regulations on the use of alcohol and controlled substances and
by ensuring ready roadside access to alcohol detection and measur-
ing equipment;
(ii) to provide an appropriate level of training to State motor
carrier safety assistance program officers and employees on rec-
ognizing drivers impaired by alcohol or controlled substances;
(iii) to promote enforcement of the requirements related to the
licensing of commercial motor vehicle drivers, including checking
the status of commercial drivers’ licenses; and
(iv) to improve enforcement of hazardous material transpor-
tation regulations by encouraging more inspections of shipper fa-
cilities affecting highway transportation and more comprehensive
inspection of the loads of commercial motor vehicles transporting
hazardous material; and
(P) provides satisfactory assurances that the State will promote ef-
fective—
(i) interdiction activities affecting the transportation of con-
trolled substances by commercial motor vehicle drivers and train-
ing on appropriate strategies for carrying out those interdiction
activities; and
(ii) use of trained and qualified officers and employees of politi-
cal subdivisions and local governments, under the supervision and
direction of the State motor vehicle safety agency, in the enforce-
ment of regulations affecting commercial motor vehicle safety and
hazardous material transportation safety.
(2) If the Secretary disapproves a plan under this subsection, the Sec-
retary shall give the State a written explanation and allow the State to mod-
ify and resubmit the plan for approval.
294
(3) In estimating the average level of State expenditure under paragraph
(1)(D) of this subsection, the Secretary—
(A) may allow the State to exclude State expenditures for Govern-
ment-sponsored demonstration or pilot programs; and
(B) shall require the State to exclude Government amounts and
State matching amounts used to receive Government financing under
subsection (a) of this section.
(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—A State may use
amounts received under a grant under subsection (a) of this section for the
following activities if the activities are carried out in conjunction with an
appropriate inspection of the commercial motor vehicle to enforce Govern-
ment or State commercial motor vehicle safety regulations:
(1) enforcement of commercial motor vehicle size and weight limita-
tions at locations other than fixed weight facilities, at specific locations
such as steep grades or mountainous terrains where the weight of a
commercial motor vehicle can significantly affect the safe operation of
the vehicle, or at ports where intermodal shipping containers enter and
leave the United States.
(2) detection of the unlawful presence of a controlled substance (as
defined under section 102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor
vehicle or on the person of any occupant (including the operator) of
the vehicle.
(3) enforcement of State traffic laws and regulations designed to
promote the safe operation of commercial motor vehicles.
(d) CONTINUOUS EVALUATION OF PLANS.—On the basis of reports sub-
mitted by a State motor vehicle safety agency of a State with a plan ap-
proved under this section and the Secretary’s own investigations, the Sec-
retary shall make a continuing evaluation of the way the State is carrying
out the plan. If the Secretary finds, after notice and opportunity for com-
ment, the State plan previously approved is not being followed or has be-
come inadequate to ensure enforcement of the regulations, standards, or or-
ders, the Secretary shall withdraw approval of the plan and notify the State.
The plan stops being effective when the notice is received. A State adversely
affected by the withdrawal may seek judicial review under chapter 7 of title
5. Notwithstanding the withdrawal, the State may retain jurisdiction in ad-
ministrative or judicial proceedings begun before the withdrawal if the is-
sues involved are not related directly to the reasons for the withdrawal.
§ 31103. United States Government’s share of costs
The Secretary of Transportation shall reimburse a State, from a grant
made under this subchapter, an amount that is not more than 80 percent
295
of the costs incurred by the State in a fiscal year in developing and imple-
menting programs to enforce commercial motor vehicle regulations, stand-
ards, or orders adopted under this subchapter or subchapter II of this chap-
ter. In determining those costs, the Secretary shall include in-kind contribu-
tions by the State. Amounts of the State and its political subdivisions re-
quired to be expended under section 31102(b)(1)(D) of this title may not
be included as part of the share not provided by the United States Govern-
ment. The Secretary may allocate among the States whose applications for
grants have been approved those amounts appropriated for grants to sup-
port those programs, under criteria that may be established.
§ 31104. Availability of amounts
(a) GENERAL.—Subject to section 9503(c)(1) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(c)(1)), the following amounts are available
from the Highway Trust Fund (except the Mass Transit Account) for the
Secretary of Transportation to incur obligations to carry out section 31102
of this title:
(1) not more than $76,000,000 for the fiscal year ending September
30, 1993.
(2) not more than $80,000,000 for the fiscal year ending September
30, 1994.
(3) not more than $83,000,000 for the fiscal year ending September
30, 1995.
(4) not more than $85,000,000 for the fiscal year ending September
30, 1996.
(5) not more than $90,000,000 for the fiscal year ending September
30, 1997.
(b) AVAILABILITY
AND REALLOCATION
OF AMOUNTS.—(1) Amounts
made available under subsection (a) of this section remain available until
expended. Allocations to a State remain available for expenditure in the
State for the fiscal year in which they are allocated and for the next fiscal
year. Amounts not expended by a State during those 2 fiscal years are re-
leased to the Secretary for reallocation.
(2) Amounts made available under section 404(a)(2) of the Surface
Transportation Assistance Act of 1982 before October 1, 1991, that are not
obligated on October 1, 1992, are available for reallocation and obligation
under paragraph (1) of this subsection.
(c) REIMBURSEMENT FOR GOVERNMENT’S SHARE OF COSTS.—Amounts
made available under subsection (a) of this section shall be used to reim-
burse States proportionately for the United States Government’s share of
costs incurred.
296
(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—Approval by the Secretary
of a grant to a State under section 31102 of this title is a contractual obli-
gation of the Government for payment of the Government’s share of costs
incurred by the State in developing, implementing, or developing and imple-
menting programs to enforce commercial motor vehicle regulations, stand-
ards, and orders.
(e) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 of each
fiscal year or as soon after that date as practicable, the Secretary may de-
duct, from amounts made available under subsection (a) of this section for
that fiscal year, not more than 1.25 percent of those amounts for adminis-
trative expenses incurred in carrying out section 31102 of this title in that
fiscal year. The Secretary shall use at least 75 percent of those deducted
amounts to train non-Government employees and to develop related training
materials in carrying out section 31102.
(f) ALLOCATION CRITERIA.—On October 1 of each fiscal year or as soon
after that date as practicable, the Secretary, after making the deduction de-
scribed in subsection (e) of this section, shall allocate under criteria the Sec-
retary establishes the amounts available for that fiscal year among the
States with plans approved under section 31102 of this title. However, the
Secretary may designate specific eligible States among which to allocate
those amounts in allocating amounts available—
(1) for research, development, and demonstration under subsection
(g)(1)(F) of this section; and
(2) for public education under subsection (g)(1)(G) of this section.
(g) SPECIFIC ALLOCATIONS.—(1) Of amounts made available under sub-
section (a) of this section—
(A) for each fiscal year beginning after September 30, 1992, the
Secretary shall obligate at least $1,500,000 to make grants to States
for training inspectors to enforce regulations prescribed by the Sec-
retary related to the transportation of hazardous material by commer-
cial motor vehicles;
(B) for each of the fiscal years ending September 30, 1993–1997,
the Secretary may obligate not more than $2,000,000 to carry out sec-
tion 31106 of this title;
(C) for each of the fiscal years ending September 30, 1993–1997,
the Secretary may obligate not more than $2,000,000 to carry out sec-
tion 31107 of this title;
(D) for each of the fiscal years ending September 30, 1993–1995,
the Secretary shall obligate at least $4,250,000, and for each of the
fiscal years ending September 30, 1996, and 1997, the Secretary shall
obligate at least $5,000,000, for traffic enforcement activities related
297
to commercial motor vehicle drivers that are carried out in conjunction
with an appropriate inspection of a commercial motor vehicle for com-
pliance with Government or State commercial motor vehicle safety reg-
ulations;
(E) for each of the fiscal years ending September 30, 1993–1995,
the Secretary shall obligate at least $1,000,000 to increase enforcement
of the licensing requirements of chapter 313 of this title by motor car-
rier safety assistance program officers and employees, including the
cost of purchasing equipment for, and conducting, inspections to check
the current status of licenses issued under chapter 313;
(F) for each fiscal year, the Secretary shall obligate at least
$500,000 for research, development, and demonstration of technologies,
methodologies, analyses, or information systems designed to carry out
section 31102 of this title and that are beneficial to all jurisdictions;
and
(G) for each fiscal year, the Secretary shall obligate at least
$350,000 to educate the motoring public on how to share the road
safely with commercial motor vehicles.
(2) The Secretary shall announce publicly amounts obligated under para-
graph (1)(F) of this subsection and award those amounts competitively,
when practicable, to any eligible State for up to 100 percent of the State
costs or to other persons as the Secretary decides.
(3) In carrying out educational activities referred to in paragraph (1)(G)
of this subsection, the Secretary shall consult with appropriate industry rep-
resentatives.
(h) PAYMENT TO STATES FOR COSTS.—Each State shall submit vouchers
for costs the State incurs under this section and section 31102 of this title.
The Secretary shall pay the State an amount not more than the Govern-
ment share of costs incurred as of the date of the vouchers.
(i) IMPROVED ALLOCATION FORMULA.—The Secretary shall prescribe
regulations to develop an improved formula and process for allocating
amounts made available for grants under section 31102(a) of this title
among States eligible for those amounts. In prescribing those regulations,
the Secretary shall—
(1) consider ways to provide incentives to States that demonstrate
innovative, successful, cost-efficient, or cost-effective programs to pro-
mote commercial motor vehicle safety and hazardous material transpor-
tation safety;
(2) place special emphasis on incentives to States that conduct traf-
fic safety enforcement activities that are coupled with motor carrier
safety inspections; and
298
(3) consider ways to provide incentives to States that increase com-
patibility of State commercial motor vehicle safety and hazardous mate-
rial transportation regulations with Government safety regulations and
promote other factors intended to promote effectiveness and efficiency
the Secretary decides are appropriate.
(j) INTRASTATE COMPATIBILITY.—The Secretary shall prescribe regula-
tions specifying tolerance guidelines and standards for ensuring compatibil-
ity of intrastate commercial motor vehicle safety laws and regulations with
Government motor carrier safety regulations to be enforced under section
31102(a) of this title. To the extent practicable, the guidelines and stand-
ards shall allow for maximum flexibility while ensuring the degree of uni-
formity that will not diminish transportation safety. In reviewing State
plans and allocating amounts or making grants under section 153 of title
23, the Secretary shall ensure that the guidelines and standards are applied
uniformly.
§ 31105. Employee protections
(a) PROHIBITIONS.—(1) A person may not discharge an employee, or dis-
cipline or discriminate against an employee regarding pay, terms, or privi-
leges of employment, because—
(A) the employee, or another person at the employee’s request, has
filed a complaint or begun a proceeding related to a violation of a com-
mercial motor vehicle safety regulation, standard, or order, or has testi-
fied or will testify in such a proceeding; or
(B) the employee refuses to operate a vehicle because—
(i) the operation violates a regulation, standard, or order of the
United States related to commercial motor vehicle safety or health;
or
(ii) the employee has a reasonable apprehension of serious in-
jury to the employee or the public because of the vehicle’s unsafe
condition.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s appre-
hension of serious injury is reasonable only if a reasonable individual in the
circumstances then confronting the employee would conclude that the unsafe
condition establishes a real danger of accident, injury, or serious impairment
to health. To qualify for protection, the employee must have sought from
the employer, and been unable to obtain, correction of the unsafe condition.
(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee alleging
discharge, discipline, or discrimination in violation of subsection (a) of this
section, or another person at the employee’s request, may file a complaint
with the Secretary of Labor not later than 180 days after the alleged viola-