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49 U.S.C. § 30142 (TRANSPORTATION)
§ 30142. Importing motor vehicles for personal use
(a) General.—
Section 30112(a) of this title does not apply to an imported motor vehicle if—
(1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections 30143 and 30144 of this title);
(2) the vehicle is imported after January 31, 1990; and
(3) the individual takes the actions required under subsection (b) of this section to receive an exemption.
(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 prescribed under this chapter; and
(iii) a certification that the vehicle meets the requirement of section 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 Government) by the Secretary of the Treasury or abandoned to the Government.
(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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 962.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30142(a)
15:1397(f)(1).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(f); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2822.
30142(b)
15:1397(f)(2).
In subsection (a)(2), the words “after January 31, 1990” are substituted for “after the effective date of the regulations initially issued to implement the amendments made to this section by the Imported Vehicle Safety Compliance Act of 1988” for clarity. See 49 C.F.R. part 591.
In subsection (a)(3), the words “the individual takes the actions required under subsection (b) of this section” are substituted for “if that individual takes the actions required by paragraph (2)” for clarity and because of the restatement.
In subsection (b)(1), the word “compliance” is substituted for “conformity” for consistency in this chapter.
In subsection (b)(1)(B), before subclause (i), the word “conditions” is omitted as being included in “terms”.
49 U.S.C. § 30144 (TRANSPORTATION)
§ 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 assignment in the United States or a member of the Secretariat of a public international organization designated under the International Organizations Immunities Act (22 U.S.C. 288 et seq.); and
(B) the class of individuals for whom the Secretary of State has authorized free importation of motor vehicles; or
(2) the armed forces of a foreign country on assignment in the United States.
(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 subsection (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 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 964; Pub. L. 104–287, § 5(57), Oct. 11, 1996, 110 Stat. 3394.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30144(a)
15:1397(h) (1st sentence).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(h); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2823.
30144(b)
15:1397(h) (2d, 3d sentences).
30144(c)
15:1397(h) (last sentence).
In subsection (a)(1)(B), the word “importation” is substituted for “entry” for clarity and consistency in this chapter.
In subsection (b), before clause (1), the words “that an individual is a member described under subsection (a) of this section” are substituted for “such status” for clarity. The word “imported” is substituted for “entered” for clarity and consistency in this chapter. In clause (2), the words “a member described under subsection (a) of this section” are substituted for “hold such status” for clarity.
heading: Pub. L. 104–287
text: This amends 49:30144(a)(1)(A) to correct an erroneous cross-reference.
heading: References in Text
text: The International Organizations Immunities Act, referred to in subsec. (a)(1)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.
heading: Amendments
text: 1996—Subsec. (a)(1)(A). Pub. L. 104–287 substituted “International Organizations” for “International Organization”.
49 U.S.C. § 30145 (TRANSPORTATION)
§ 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 Transportation; and
(2) is accompanied at the time of importation by a written statement issued by the manufacturer indicating the applicable motor vehicle safety standard prescribed under this chapter with which it does not comply.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 964.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30145
15:1397(e).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(e); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2822.
In clause (2), the word “importation” is substituted for “entry” for clarity and consistency in this chapter. The words “of the incomplete motor vehicle or item of equipment” are omitted as unnecessary because of the restatement. The words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
49 U.S.C. § 30147 (TRANSPORTATION)
§ 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 originally 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 Secretary 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 compliance with the standards for an individual under section 30142 of this title.
(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.
(b) Financial Responsibility Requirement.—
The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 966.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30147(a)
15:1397(d)(1).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(d); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2821.
30147(b)
15:1397(d)(2).
In this section, the words “(relating to discovery, notification, and remedy of motor vehicle defects)” are omitted as surplus.
In subsection (a)(1)(A), the words “for a motor vehicle” are substituted for “in, or regarding, any motor vehicle” to eliminate unnecessary words.
In subsection (a)(1)(B), the word “compliance” is substituted for “conformity” for consistency in this chapter.
49 U.S.C. § 30162 (TRANSPORTATION)
§ 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 person 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 petition not later than 120 days after the petition is filed. If a petition is granted, the Secretary shall begin the proceeding promptly. If a petition is denied, the Secretary shall publish the reasons for the denial in the Federal Register.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 967.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30162(a)
15:1410a(a).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 124(a)–(d); added Oct. 27, 1974, Pub. L. 93–492, § 106, 88 Stat. 1481.
30162(b)
15:1410a(b).
30162(c)
15:1410a(c).
30162(d)
15:1410a(d).
Subsection (a)(1) is substituted for “the issuance of an order pursuant to section 1392 of this title” for clarity and because of the restatement.
In subsection (b), the words “a motor vehicle safety standard” are added because of the restatement. The words “referred to in subsection (a) of this section” are added for clarity. The words “of the substance” are omitted as surplus.
In subsection (c), the words “as he deems appropriate in order” and “or not” are omitted as surplus.
In subsection (d), the words “described in subsection (b) of this section”, “either”, and “requested in the petition” are omitted as surplus.
49 U.S.C. § 30168 (TRANSPORTATION)
[§ 30168. Repealed. Pub. L. 112–141, div. C, title I, § 31204(b)(2)(B), July 6, 2012, 126 Stat. 760]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 971; Pub. L. 104–287, § 5(58), Oct. 11, 1996, 110 Stat. 3394, related to research, testing, development, and training.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 30170 (TRANSPORTATION)
§ 30170. Criminal Penalties
(a) Criminal Liability for Falsifying or Withholding Information.—
(1) General rule.—
A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an individual (as defined in section 1365(g)(3) 1 of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both.
(2) Safe harbor to encourage reporting and for whistle blowers.—
(A) Correction.—
A person described in paragraph (1) shall not be subject to criminal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) the person corrects any improper reports or failure to report within a reasonable time.
(B) Reasonable time and sufficiency of correction.—
The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Secretary shall issue a final rule under this subparagraph within 90 days of the date of the enactment of this section.
(C) Effective date.—
Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect.
(b) Coordination with Department of Justice.—
The Attorney General may bring an action, or initiate grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation.
(Added Pub. L. 106–414, § 5(b)(1), Nov. 1, 2000, 114 Stat. 1803.)
heading: References in Text
text: Section 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107–307, § 2(1), Dec. 2, 2002, 116 Stat. 2445.
The date of the enactment of this section, referred to in subsec. (a)(2)(B), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.
49 U.S.C. § 30181 (TRANSPORTATION)
§ 30181. Policy
The Secretary of Transportation shall conduct research, development, and testing on any area or aspect of motor vehicle safety necessary to carry out this chapter.
(Added Pub. L. 112–141, div. C, title I, § 31204(a), July 6, 2012, 126 Stat. 759.)
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 30183 (TRANSPORTATION)
§ 30183. Prohibition on certain disclosures
Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or section 403 of title 23, may be made available to the public only in a manner that does not identify individuals.
(Added Pub. L. 112–141, div. C, title I, § 31204(a), July 6, 2012, 126 Stat. 760.)
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 30303 (TRANSPORTATION)
§ 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 participating 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 974.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30303
23:401 (note).
Oct. 25, 1982, Pub. L. 97–364, § 204, 96 Stat. 1742.
In subsection (c), the words “in the form and way” are substituted for “in such form, and according to such procedures” to eliminate unnecessary words.
49 U.S.C. § 30307 (TRANSPORTATION)
§ 30307. Criminal penalties
(a) General Penalty.—
A person (except an individual described in section 30305(b)(6) 1 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
(3) the person willfully discloses the information knowing that disclosure is not authorized.
(b) Information Penalty.—
A person knowingly and willfully requesting, 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 979.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30307
23:401 (note).
Oct. 25, 1982, Pub. L. 97–364, § 208, 96 Stat. 1746; Dec. 30, 1987, Pub. L. 100–223, § 305(b)(1), 101 Stat. 1526.
In this section, the words “fined under title 18” are substituted for “fined not more than $10,000” for consistency with title 18.
In subsection (a), before clause (1), the reference to “section 30305(b)(6) of this title” is used to carry out the probable intent of Congress. Section 305(b)(1) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1526) amended section 206(b) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1744) by “redesignating paragraphs (3) and (4), and any reference thereto, as paragraphs (4) and (5), respectively”. Because the reference to “section 206(b)(4)” in section 208 of the National Driver Register Act of 1982 appears to have been incorrect before that amendment, and would continue to be incorrect if the reference is redesignated as required by the amendment, a reference to section 30305(b)(6) is used in this section to carry out the probable intent of Congress.
heading: References in Text
text: Section 30305(b) of this title, referred to in subsec. (a), was amended by Pub. L. 105–178, title II, § 2006(b)(2)(A), (B), June 9, 1998, 112 Stat. 336, which added a new par. (6) and redesignated former par. (6) as (10).
49 U.S.C. § 30308 (TRANSPORTATION)
§ 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, $2,550,000 for each of fiscal years 1995, 1996, and 1997, and $1,855,000 for the period of October 1, 1997, through March 31, 1998, to carry out this chapter.
(b) Availability of Amounts.—
Amounts authorized under this section remain available until expended.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 979; Pub. L. 103–331, title III, § 343, Sept. 30, 1994, 108 Stat. 2496; Pub. L. 103–429, § 6(25), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–59, title III, § 343, Nov. 28, 1995, 109 Stat. 610; Pub. L. 104–287, § 5(59), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–18, title II, § 8004, June 12, 1997, 111 Stat. 195; Pub. L. 105–130, § 6(c), Dec. 1, 1997, 111 Stat. 2559.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30308
23:401 (note).
Oct. 25, 1982, Pub. L. 97–364, § 211, 96 Stat. 1747; Dec. 18, 1991, Pub. L. 102–240, § 2007, 105 Stat. 2080.
In subsection (a), the text of section 211(a) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1747) is omitted as executed. The words “and the provisions of Public Law 86–660 (74 Stat. 526)” and references to fiscal years 1983–1987 and 1992 are omitted as obsolete. The word “section” in the source provision is translated as if it were “title” to reflect the apparent intent of Congress.
heading: Pub. L. 103–429
text: This amends 49:30308(b) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 979).
heading: Pub. L. 104–287
text: This amends 49:30308 to correct a grammatical error.
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–130 substituted “1994,” for “1994, and” and inserted “and $1,855,000 for the period of October 1, 1997, through March 31, 1998,” after “1997,”.
Pub. L. 105–18 substituted “, 1996, and 1997” for “and 1996”.
1996—Subsec. (a). Pub. L. 104–287 inserted a comma after “September 30, 1994”.
1995—Subsec. (a). Pub. L. 104–59 substituted “and $2,550,000 for each of fiscal years 1995 and 1996” for “and $2,550,000 for fiscal year 1995”.
1994—Subsec. (a). Pub. L. 103–331 inserted “and $2,550,000 for fiscal year 1995” after “1994”.
Subsec. (b). Pub. L. 103–429 substituted “authorized” for “appropriated”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 30505 (TRANSPORTATION)
§ 30505. Penalties and enforcement
(a) Penalty.—
An individual or entity violating this chapter is liable to the United States Government for a civil penalty of not more than $1,000 for each violation.
(b) Collection and Compromise.—
(1) The Attorney General shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty. The Attorney General may compromise the amount of the penalty. In determining the amount of the penalty or compromise, the Attorney General 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.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 983; Pub. L. 104–152, § 3(a), July 2, 1996, 110 Stat. 1384.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30505
15:2044(c).
Oct. 25, 1992, Pub. L. 102–519, § 204(c), 106 Stat. 3393.
In subsection (a), the words “An individual or entity violating this chapter is liable to the United States Government for a civil penalty of” are substituted for “Whoever violates this section may be assessed a civil penalty of not to exceed” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “individual or entity” are substituted for “person” for clarity and consistency with the source provisions restated in the revised chapter.
In subsection (b)(1), the words “The Secretary of Transportation shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty” are substituted for “Any such penalty shall be assessed by the Secretary and collected in a civil action brought by the Attorney General of the United States” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words “penalty imposed or compromised” are substituted for “such penalty, finally determined, or the amount agreed upon in compromise”, and the words “liable for the penalty” are substituted for “charged”, for clarity and consistency in the revised title and other titles of the Code.
heading: Amendments
text: 1996—Subsec. (b)(1). Pub. L. 104–152 substituted “Attorney General shall impose” for “Secretary of Transportation shall impose”, “Attorney General may compromise” for “Secretary may compromise”, and “Attorney General shall consider” for “Secretary shall consider”.