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49 U.S.C. § 32508 (TRANSPORTATION)
§ 32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages as a result of a motor vehicle accident because the vehicle did not comply with a standard prescribed under section 32502 of this title, the owner may bring a civil action against the manufacturer to recover the damages. The action may be brought in the United States District Court for the District of Columbia or in the United States district court for the judicial district in which the owner resides. The action must be brought not later than 3 years after the date of the accident. The court shall award costs and a reasonable attorney’s fee to the owner when a judgment is entered for the owner.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1047.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32508
15:1918.
Oct. 20, 1972, Pub. L. 92–513, § 108, 86 Stat. 955.
The words “applicable Federal” are omitted as surplus. The words “when a judgment is entered for the owner” are substituted for “in the case of any such successful action to recover that amount” to eliminate unnecessary words.
49 U.S.C. § 32509 (TRANSPORTATION)
§ 32509. Information and assistance from other departments, agencies, and instrumentalities
(a) General Authority.—
The Secretary of Transportation may request information necessary to carry out this chapter from a department, agency, or instrumentality of the United States Government. The head of the department, agency, or instrumentality shall provide the information.
(b) Detailing Personnel.—
The head of a department, agency, or instrumentality may detail, on a reimbursable basis, personnel to assist the Secretary in carrying out this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1047.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32509
15:1914(c).
Oct. 20, 1972, Pub. L. 92–513, § 104(c), 86 Stat. 951.
In subsection (a), the words “he deems” and “his functions under” are omitted as surplus. The words “head of the” are added for consistency in the revised title and with other titles of the United States Code. The words “cooperate with the Secretary and” and “to the Department of Transportation upon request made by the Secretary” are omitted as surplus.
49 U.S.C. § 32510 (TRANSPORTATION)
[§ 32510. Repealed. Pub. L. 105–362, title XV, § 1501(e)(1), Nov. 10, 1998, 112 Stat. 3294]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1047, related to annual report by Secretary of Transportation to Congress and the President concerning bumper standards.
49 U.S.C. § 32511 (TRANSPORTATION)
§ 32511. Relationship to other motor vehicle standards
(a) Preemption.—
Except as provided in this section, a State or a political subdivision of a State may prescribe or enforce a bumper standard for a passenger motor vehicle or passenger motor vehicle equipment only if the standard is identical to a standard prescribed under section 32502 of this title.
(b) Enforcement.—
This chapter and chapter 301 of this title do not affect the authority of a State to enforce a bumper standard about an aspect of performance of a passenger motor vehicle or passenger motor vehicle equipment not covered by a standard prescribed under section 32502 of this title if the State bumper standard—
(1) does not conflict with a standard prescribed under chapter 301 of this title; and
(2) was in effect or prescribed by the State on October 20, 1972.
(c) Additional and Higher Standards of Performance.—
The United States Government, a State, or a political subdivision of a State may prescribe a bumper standard for a passenger motor vehicle or passenger motor vehicle equipment obtained for its own use that imposes additional or higher standards of performance than a standard prescribed under section 32502 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1047.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32511(a)
15:1920(a).
Oct. 20, 1972, Pub. L. 92–513, § 110, 86 Stat. 955.
32511(b)
15:1920(b)(1).
32511(c)
15:1920(b)(2).
In subsection (a), the words “may prescribe or enforce . . . only if the standard is identical” are substituted for “no . . . shall have any authority to establish or enforce with respect to . . . which is not identical” to eliminate unnecessary words. The words “a standard prescribed under section 32502 of this title” are substituted for “Federal bumper standard” for clarity.
In subsection (b), before clause (1), the words “to continue” are omitted as surplus. The words “a bumper standard about an aspect of performance . . . not covered by a standard prescribed under section 32502 of this title” are substituted for “Until a Federal bumper standard takes effect with respect to an aspect of performance” and “any bumper standard which is applicable to the same aspect of performance of such vehicle or item of equipment” to eliminate unnecessary words. The words “if the State bumper standard” are added for clarity.
In subsection (c), the words “that imposes additional or higher standards of performance than” are substituted for “which is not identical to . . . if such requirement imposes an additional or higher standard of performance” for clarity and to eliminate unnecessary words.
49 U.S.C. § 32701 (TRANSPORTATION)
§ 32701. Findings and purposes
(a) Findings.—
Congress finds that—
(1) buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign commerce.
(b) Purposes.—
The purposes of this chapter are—
(1) to prohibit tampering with motor vehicle odometers; and
(2) to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1048.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32701(a)
15:1981 (1st sentence).
Oct. 20, 1972, Pub. L. 92–513, § 401, 86 Stat. 961.
32701(b)
15:1981 (last sentence).
49 U.S.C. § 32703 (TRANSPORTATION)
§ 32703. Preventing tampering
A person may not—
(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a street, road, or highway if the person knows that the odometer of the vehicle is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1049; Pub. L. 103–429, § 6(33), Oct. 31, 1994, 108 Stat. 4380.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32703(1)
15:1983.
Oct. 20, 1972, Pub. L. 92–513, § 403, 86 Stat. 962; July 14, 1976, Pub. L. 94–364, § 402, 90 Stat. 983.
32703(2)
15:1984.
Oct. 20, 1972, Pub. L. 92–513, §§ 404, 405, 86 Stat. 962; restated July 14, 1976, Pub. L. 94–364, §§ 403, 404, 90 Stat. 983.
32703(3)
15:1985.
32703(4)
15:1986.
Oct. 20, 1972, Pub. L. 92–513, § 406, 86 Stat. 962.
In clause (1), the words “the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer” are substituted for “the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer’s designed tolerance” to eliminate unnecessary words.
In clause (3), the words “public” and “road” are added for consistency in this subtitle.
heading: Pub. L. 103–429
text: This amends 49:32703(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).
heading: Amendments
text: 1994—Par. (3). Pub. L. 103–429 struck out “public” before “street”.
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. § 32704 (TRANSPORTATION)
§ 32704. Service, repair, and replacement
(a) Adjusting Mileage.—
A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair, or replacement. If the mileage cannot remain the same—
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.
(b) Removing or Altering Notice.—
A person may not, with intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1049.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32704
15:1987.
Oct. 20, 1972, Pub. L. 92–513, § 407, 86 Stat. 962; July 14, 1976, Pub. L. 94–364, § 405, 90 Stat. 983.
In subsection (b), the text of 15:1987(b)(1) is omitted as surplus.
49 U.S.C. § 32708 (TRANSPORTATION)
§ 32708. Confidentiality of information
(a) General.—
Information obtained by the Secretary of Transportation under this chapter related to a confidential matter referred to in section 1905 of title 18 may be disclosed only—
(1) to another officer or employee of the United States Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b) Withholding Information From Congress.—
This section does not authorize information to be withheld from a committee of Congress authorized to have the information.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1054.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32708
15:1990d(d).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 414(d); added July 14, 1976, Pub. L. 94–364, § 408(2), 90 Stat. 987.
In subsection (a), before clause (1), the words “reported to or otherwise” and “or his representative” are omitted as surplus. The words “related to a confidential matter referred to” are substituted for “contains or relates to a trade secret or other matter referred to” to eliminate unnecessary words. The words “shall be considered confidential for the purpose of that section” are omitted as surplus.
In subsection (b), the words “a committee of Congress authorized to have the information” are substituted for “the duly authorized committees of the Congress” for clarity.
49 U.S.C. § 32710 (TRANSPORTATION)
§ 32710. Civil actions by private persons
(a) Violation and Amount of Damages.—
A person that violates this chapter or a regulation prescribed or order issued under this chapter, with intent to defraud, is liable for 3 times the actual damages or $10,000, whichever is greater.
(b) Civil Actions.—
A person may bring a civil action to enforce a claim under this section in an appropriate United States district court or in another court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues. The court shall award costs and a reasonable attorney’s fee to the person when a judgment is entered for that person.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1055; Pub. L. 112–141, div. C, title I, § 31206(2), July 6, 2012, 126 Stat. 761.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32710(a)
15:1989(a)(1).
Oct. 20, 1972, Pub. L. 92–513, § 409, 86 Stat. 963.
32710(b)
15:1989(a)(2), (b).
In subsection (a), the words “this chapter or a regulation prescribed or order issued under this chapter” are substituted for “requirement imposed under this subchapter” for consistency.
In subsection (b), the words “A person may bring a civil action to enforce a claim” are substituted for “An action to enforce any liability created . . . may be brought” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word “appropriate” is added for clarity. The words “without regard to the amount in controversy” are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words “after the claim accrues” are substituted for “from the date on which the liability arises” to eliminate unnecessary words. The words “The court shall award . . . to the person when a judgment is entered for that person” are substituted for “in the case of any successful action to enforce the foregoing liability . . . as determined by the court” for clarity.
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–141 substituted “$10,000” for “$1,500”.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–141 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. § 32711 (TRANSPORTATION)
§ 32711. Relationship to State law
Except to the extent that State law is inconsistent with this chapter, this chapter does not—
(1) affect a State law on disconnecting, altering, or tampering with an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1056.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32711
15:1991.
Oct. 20, 1972, Pub. L. 92–513, § 418, 86 Stat. 963; July 14, 1976, Pub. L. 94–364, § 408(1), 90 Stat. 984.
In this section, before clause (1), the words “and then only to the extent of the inconsistency” are omitted as surplus. In clause (1), the word “affect” is substituted for “annul, alter, or affect” to eliminate unnecessary words. In clause (2), the words “subject to the provisions of this subchapter” are omitted as surplus.
49 U.S.C. § 32906 (TRANSPORTATION)
§ 32906. Maximum fuel economy increase for alternative fuel automobiles
(a) In General.—
For each of model years 1993 through 2019 for each category of automobile (except an electric automobile), the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles is—
(1) 1.2 miles a gallon for each of model years 1993 through 2014;
(2) 1.0 miles per gallon for model year 2015;
(3) 0.8 miles per gallon for model year 2016;
(4) 0.6 miles per gallon for model year 2017;
(5) 0.4 miles per gallon for model year 2018;
(6) 0.2 miles per gallon for model year 2019; and
(7) 0 miles per gallon for model years after 2019.
(b) Calculation.—
In applying subsection (a), the Administrator of the Environmental Protection Agency shall determine the increase in a manufacturer’s average fuel economy attributable to dual fueled automobiles by subtracting from the manufacturer’s average fuel economy calculated under section 32905(e) the number equal to what the manufacturer’s average fuel economy would be if it were calculated by the formula under section 32904(a)(1) by including as the denominator for each model of dual fueled automobiles the fuel economy when the automobiles are operated on gasoline or diesel fuel.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1067; Pub. L. 109–58, title VII, § 772(b), Aug. 8, 2005, 119 Stat. 834; Pub. L. 110–140, title I, § 109(a), Dec. 19, 2007, 121 Stat. 1505.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32906(a)
15:2013(g)(1).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 513(g)(1), (2)(A); added Oct. 14, 1988, Pub. L. 100–494, § 6(a), 102 Stat. 2449; Oct. 24, 1992, Pub. L. 102–486, § 403(5) (G)(i), (ii)(I), 106 Stat. 2877.
32906(b)
15:2013(g)(2)(A).
heading: Amendments
text: 2007—Pub. L. 110–140 amended section generally, substituting provisions relating to maximum increase in average fuel economy for each of model years 1993 through 2019 and calculation of each such increase for provisions relating to maximum increase for each of model years 1993 through 2010 and authorizing offsets if the Secretary of Transportation reduced the average fuel economy standard for passenger automobiles for any model year below 27.5 miles per gallon.
2005—Subsec. (a)(1)(A). Pub. L. 109–58, § 772(b)(1), substituted “model years 1993–2010” for “the model years 1993–2004”.
Subsec. (a)(1)(B). Pub. L. 109–58, § 772(b)(2), substituted “model years 2011–2014” for “the model years 2005–2008”.
heading: Effective Date of 2007 Amendment
text: Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
49 U.S.C. § 32914 (TRANSPORTATION)
§ 32914. Collecting civil penalties
(a) Civil Actions.—
If a person does not pay a civil penalty after it becomes a final order of the Secretary of Transportation or a judgment of a court of appeals of the United States for a circuit, the Attorney General shall bring a civil action in an appropriate district court of the United States to collect the penalty. The validity and appropriateness of the final order imposing the penalty is not reviewable in the action.
(b) Priority of Claims.—
A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer for a civil penalty under section 32912(b) of this title when the creditor’s claim is for credit extended before a final judgment (without regard to section 32913(b)(1) and (2) of this title) in an action to collect under subsection (a) of this section.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1074.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32914(a)
15:2008(b)(3) (last sentence), (c)(2).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 508(b)(3) (last sentence), (6), (c)(2); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 913, 914.
32914(b)
15:2008(b)(6).
In subsection (a), the text of 15:2008(b)(3) (last sentence) is omitted as surplus because of 28:516 and 2461(a). The words “an assessment of” and “and unappealable” are omitted as surplus. The words “of the Secretary of Transportation” are added for clarity. The words “for a circuit” are added for consistency. The words “in favor of the Secretary” are omitted as surplus. The words “shall bring a civil action . . . to collect the penalty” are substituted for “shall recover the amount for which the manufacturer is liable” for consistency.
In subsection (b), the words “A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer” are substituted for “A claim of the United States . . . against a manufacturer . . . shall, in the case of the bankruptcy or insolvency of such manufacturer, be subordinate to any claim of a creditor of such manufacturer” for clarity and to eliminate unnecessary words. The words “the date on which” are omitted as surplus.
49 U.S.C. § 32915 (TRANSPORTATION)
§ 32915. Appealing civil penalties
Any interested person may appeal a decision of the Secretary of Transportation to impose a civil penalty under section 32912(a) or (b) of this title, or of the Federal Trade Commission under section 32913(b)(1) of this title, in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. A person appealing a decision must file a notice of appeal with the court not later than 30 days after the decision and, at the same time, send a copy of the notice by certified mail to the Secretary or the Commission. The Secretary or the Commission promptly shall file with the court a certified copy of the record of the proceeding in which the decision was made.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1074.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32915
15:2008(c)(1).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 508(c)(1); added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 914.
The words “as the case may be” are omitted as surplus. The text of 15:2008(c)(1) (last sentence) is omitted as surplus because 5:ch. 7 applies unless otherwise stated.
49 U.S.C. § 32917 (TRANSPORTATION)
§ 32917. Standards for executive agency automobiles
(a) Definition.—
In this section, “executive agency” has the same meaning given that term in section 105 of title 5.
(b) Fleet Average Fuel Economy.—
(1) The President shall prescribe regulations that require passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year to achieve a fleet average fuel economy (determined under paragraph (2) of this subsection) for that year of at least the greater of—
(A) 18 miles a gallon; or
(B) the applicable average fuel economy standard under section 32902(b) or (c) of this title for the model year that includes January 1 of that fiscal year.
(2) Fleet average fuel economy is—
(A) the total number of passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year (except automobiles designed for combat-related missions, law enforcement work, or emergency rescue work); divided by
(B) the sum of the fractions obtained by dividing the number of automobiles of each model leased or bought by the fuel economy of that model.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1075.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32917(a)
15:2010(b)(2).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 510; added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 915.
32917(b)
15:2010(a), (b)(1), (3).
In subsection (b)(1), before clause (A), the words “within 120 days after December 22, 1975” and “which begins after December 22, 1975” are omitted as executed. The words “(determined under paragraph (2) of this subsection)” are added for clarity.
In subsection (b)(2), before clause (A), the words “As used in this section: (1) The term” are omitted as surplus. In clause (A), the words “to which this section applies” and “for the Armed Forces” are omitted as surplus. In clause (B), the words “the sum of the fractions obtained” are substituted for “a sum of terms, each term of which is a fraction created” to eliminate unnecessary words.