49 U.S.C. § 30111 (TRANSPORTATION)
§ 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 vehicle 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 Government, States, and other public and private agencies in developing motor vehicle safety standards.
(d) Effective Dates of Standards.—
The Secretary shall specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard. A standard may not become effective 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 establish 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 Secretary 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.
(f) Motor Vehicle Safety Guidelines.—
(1) In general.—
No guidelines issued by the Secretary with respect to motor vehicle safety shall confer any rights on any person, State, or locality, nor shall operate to bind the Secretary or any person to the approach recommended in such guidelines. In any enforcement action with respect to motor vehicle safety, the Secretary shall allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.
(2) Rule of construction.—
Nothing in this subsection shall be construed to confer any authority upon or negate any authority of the Secretary to issue guidelines under this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 944; Pub. L. 114–94, div. B, title XXIV, § 24406, Dec. 4, 2015, 129 Stat. 1725.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30111(a)
15:1392(a), (b), (e) (1st sentence).
Sept. 9, 1966, Pub. L. 89–563, §§ 102(13), 103(a)–(c), (e), (f), 107 (related to standards), 80 Stat. 719, 721.
30111(b)
15:1391(13).
15:1392(f).
30111(c)
15:1396 (related to standards).
30111(d)
15:1392(c), (e) (last sentence).
30111(e)
15:1392(j).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 103(j); added Dec. 18, 1991, Pub. L. 102–240, § 2505, 105 Stat. 2084.
In subsection (a), the words “shall prescribe” are substituted for “shall establish by order” in 15:1392(a) and “may by order” in 15:1392(e) (1st sentence) for consistency. The words “amend or revoke” in 15:1392(e) (1st sentence) and 1397(b)(1) (last sentence) are omitted because they are included in “prescribe”. The words “appropriate Federal” in 15:1392(a) and “Federal” in 15:1392(e) (1st sentence) are omitted as surplus. The words “established under this section” are omitted because of the restatement. The text of 15:1392(b) is omitted as surplus because 5:chs. 5, subch. II, and 7 apply unless otherwise stated.
In subsection (b)(1), the words “including the results of research, development, testing and evaluation activities conducted pursuant to this chapter” are omitted as surplus.
In subsection (b)(2), the words “agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635)” are substituted for 15:1391(13) and “the Vehicle Equipment Safety Commission” in 15:1392(f) because of the restatement. The citation in parenthesis is included only for information purposes.
In subsection (b)(4), the words “contribute to” are omitted as surplus.
In subsection (c), the words “departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies” are substituted for “other Federal departments and agencies, and State and other interested public and private agencies” for consistency. The words “planning and” are omitted as surplus.
In subsection (d), the words “The Secretary” are added for clarity. The words “effective date” are substituted for “the date . . . is to take effect” to eliminate unnecessary words. The words “under this chapter” are added for clarity. The words “However, the Secretary may prescribe a different effective date” are substituted for “unless the Secretary” for clarity. The word “different” is substituted for “earlier or later” to eliminate unnecessary words.
In subsection (e), the words “duties and powers” are substituted for “responsibilities”, and the word “change” is substituted for “adjust”, and for clarity and consistency in the revised title.
heading: References in Text
text: Act of August 20, 1958, referred to in subsec. (b)(2), is set out as a note under former section 313 of Title 23, Highways.
heading: Amendments
text: 2015—Subsec. (f). Pub. L. 114–94 added subsec. (f).
heading: Rulemaking on Visibility of Agricultural Equipment
text: Pub. L. 112–141, div. C, title I, § 31601, July 6, 2012, 126 Stat. 775, provided that:
“(a) Definitions.—
In this section:
“(1) Agricultural equipment.—
The term ‘agricultural equipment’ has the meaning given the term ‘agricultural field equipment’ in ASABE Standard 390.4, entitled ‘Definitions and Classifications of Agricultural Field Equipment’, which was published in January 2005 by the American Society of Agriculture and Biological Engineers, or any successor standard.
“(2) Public road.—
The term ‘public road’ has the meaning given the term in section 101(a)(27) of title 23, United States Code.
“(b) Rulemaking.—
“(1) In general.—
Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary of Transportation, after consultation with representatives of the American Society of Agricultural and Biological Engineers and appropriate Federal agencies, and with other appropriate persons, shall promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road.
“(2) Minimum standards.—
The rule promulgated pursuant to this subsection shall—
“(A) establish minimum lighting and marking standards for applicable agricultural equipment manufactured at least 1 year after the date on which such rule is promulgated; and
“(B) provide for the methods, materials, specifications, and equipment to be employed to comply with such standards, which shall be equivalent to ASABE Standard 279.14, entitled ‘Lighting and Marking of Agricultural Equipment on Highways’, which was published in July 2008 by the American Society of Agricultural and Biological Engineers, or any successor standard.
“(c) Review.—
Not less frequently than once every 5 years, the Secretary of Transportation shall—
“(1) review the standards established pursuant to subsection (b); and
“(2) revise such standards to reflect the revision of ASABE Standard 279 that is in effect at the time of such review.
“(d) Limitations.—
“(1) Compliance with successor standards.—
Any rule promulgated pursuant to this section may not prohibit the operation on public roads of agricultural equipment that is equipped in accordance with any adopted revision of ASABE Standard 279 that is later than the revision of such standard that was referenced during the promulgation of the rule.
“(2) No retrofitting required.—
Any rule promulgated pursuant to this section may not require the retrofitting of agricultural equipment that was manufactured before the date on which the lighting and marking standards are enforceable under subsection (b)(2)(A).
“(3) No effect on additional materials and equipment.—
Any rule promulgated pursuant to this section may not prohibit the operation on public roads of agricultural equipment that is equipped with materials or equipment that are in addition to the minimum materials and equipment specified in the standard upon which such rule is based.”
heading: Unattended Passenger Reminders
text: Pub. L. 112–141, div. C, title I, § 31504, July 6, 2012, 126 Stat. 775, as amended by Pub. L. 114–94, div. B, title XXIV, § 24114, Dec. 4, 2015, 129 Stat. 1710, provided that:
“(a) Safety Research Initiative.—
The Secretary [of Transportation] shall initiate research into effective ways to minimize the risk of hyperthermia or hypothermia to children or other unattended passengers in rear seating positions.
“(b) Research Areas.—
In carrying out subsection (a), the Secretary may conduct research into the potential viability of—
“(1) vehicle technology to provide an alert that a child or unattended passenger remains in a rear seating position after the vehicle motor is disengaged; or
“(2) public awareness campaigns to educate drivers on the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is disengaged; or
“(3) other ways to mitigate risk.
“(c) Coordination With Other Agencies.—
The Secretary may collaborate with other Federal agencies in conducting the research under this section.”
heading: Pedestrian Safety Enhancement
text: Pub. L. 111–373, Jan. 4, 2011, 124 Stat. 4086, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Pedestrian Safety Enhancement Act of 2010’.
“SEC. 2. DEFINITIONS.
“As used in this Act—
“(1) the term ‘Secretary’ means the Secretary of Transportation;
“(2) the term ‘alert sound’ (herein referred to as the ‘sound’) means a vehicle-emitted sound to enable pedestrians to discern vehicle presence, direction, location, and operation;
“(3) the term ‘cross-over speed’ means the speed at which tire noise, wind resistance, or other factors eliminate the need for a separate alert sound as determined by the Secretary;
“(4) the term ‘motor vehicle’ has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include a trailer (as such term is defined in section 571.3 of title 49, Code of Federal Regulations);
“(5) the term ‘conventional motor vehicle’ means a motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole means of propulsion;
“(6) the term ‘manufacturer’ has the meaning given such term in section 30102(a)(5) of title 49, United States Code;
“(7) the term ‘dealer’ has the meaning given such term in section 30102(a)(1) of title 49, United States Code;
“(8) the term ‘defect’ has the meaning given such term in section 30102(a)(2) of title 49, United States Code;
“(9) the term ‘hybrid vehicle’ means a motor vehicle which has more than one means of propulsion; and
“(10) the term ‘electric vehicle’ means a motor vehicle with an electric motor as its sole means of propulsion.
“SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.
“(a) Rulemaking Required.—
Not later than 18 months after the date of enactment of this Act [Jan. 4, 2011] the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to promulgate a motor vehicle safety standard—
“(1) establishing performance requirements for an alert sound that allows blind and other pedestrians to reasonably detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and
“(2) requiring new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection.
“The motor vehicle safety standard established under this subsection shall not require either driver or pedestrian activation of the alert sound and shall allow the pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios including, but not limited to, constant speed, accelerating, or decelerating. The Secretary shall allow manufacturers to provide each vehicle with one or more sounds that comply with the motor vehicle safety standard at the time of manufacture. Further, the Secretary shall require manufacturers to provide, within reasonable manufacturing tolerances, the same sound or set of sounds for all vehicles of the same make and model and shall prohibit manufacturers from providing any mechanism for anyone other than the manufacturer or the dealer to disable, alter, replace, or modify the sound or set of sounds, except that the manufacturer or dealer may alter, replace, or modify the sound or set of sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard. The Secretary shall promulgate the required motor vehicle safety standard pursuant to this subsection not later than 36 months after the date of enactment of this Act.
“(b) Consideration.—
When conducting the required rulemaking, the Secretary shall—
“(1) determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind and other pedestrians with the information needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over speed, if any;
“(2) determine the performance requirements for an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and
“(3) consider the overall community noise impact.
“(c) Phase-in Required.—
The motor vehicle safety standard prescribed pursuant to subsection (a) of this section shall establish a phase-in period for compliance, as determined by the Secretary, and shall require full compliance with the required motor vehicle safety standard for motor vehicles manufactured on or after September 1st of the calendar year that begins 3 years after the date on which the final rule is issued.
“(d) Required Consultation.—
When conducting the required study and rulemaking, the Secretary shall—
“(1) consult with the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by the Agency;
“(2) consult consumer groups representing individuals who are blind;
“(3) consult with automobile manufacturers and professional organizations representing them;
“(4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regulations.
“(e) Required Study and Report to Congress.—
Not later than 48 months after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to whether there exists a safety need to apply the motor vehicle safety standard required by subsection (a) to conventional motor vehicles. In the event that the Secretary determines there exists a safety need, the Secretary shall initiate rulemaking under section 30111 of title 49, United States Code, to extend the standard to conventional motor vehicles.
“SEC. 4. FUNDING.
“Notwithstanding any other provision of law, $2,000,000 of any amounts made available to the Secretary of Transportation under under [sic] section 406 of title 23, United States Code, shall be made available to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act.”
heading: Child Safety Standards for Motor Vehicles
text: Pub. L. 110–189, Feb. 28, 2008, 122 Stat. 639, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Cameron Gulbransen Kids Transportation Safety Act of 2007’ or the ‘K.T. Safety Act of 2007’.
“SEC. 2. RULEMAKING REGARDING CHILD SAFETY.
“(a) Power Window Safety.—
“(1) Consideration of rule.—
Not later than 18 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary of Transportation (referred to in this Act as the ‘Secretary’) shall initiate a rulemaking to consider prescribing or amending Federal motor vehicle safety standards to require power windows and panels on motor vehicles to automatically reverse direction when such power windows and panels detect an obstruction to prevent children and others from being trapped, injured, or killed.
“(2) Deadline for decision.—
If the Secretary determines such safety standards are reasonable, practicable, and appropriate, the Secretary shall prescribe, under section 30111 of title 49, United States Code, the safety standards described in paragraph (1) not later than 30 months after the date of enactment of this Act. If the Secretary determines that no additional safety standards are reasonable, practicable, and appropriate, the Secretary shall—
“(A) not later than 30 months after the date of enactment of this Act, transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons such standards were not prescribed; and
“(B) publish and otherwise make available to the public through the Internet and other means (such as the ‘Buying a Safer Car’ brochure) information regarding which vehicles are or are not equipped with power windows and panels that automatically reverse direction when an obstruction is detected.
“(b) Rearward Visibility.—
Not later than 12 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall initiate a rulemaking to revise Federal Motor Vehicle Safety Standard 111 (FMVSS 111) to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons. The Secretary may prescribe different requirements for different types of motor vehicles to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons. Such standard may be met by the provision of additional mirrors, sensors, cameras, or other technology to expand the driver’s field of view. The Secretary shall prescribe final standards pursuant to this subsection not later than 36 months after the date of enactment of this Act.
“(c) Phase-In Period.—
“(1) Phase-in period required.—
The safety standards prescribed pursuant to subsections (a) and (b) shall establish a phase-in period for compliance, as determined by the Secretary, and require full compliance with the safety standards not later than 48 months after the date on which the final rule is issued.
“(2) Phase-in priorities.—
In establishing the phase-in period of the rearward visibility safety standards required under subsection (b), the Secretary shall consider whether to require the phase-in according to different types of motor vehicles based on data demonstrating the frequency by which various types of motor vehicles have been involved in backing incidents resulting in injury or death. If the Secretary determines that any type of motor vehicle should be given priority, the Secretary shall issue regulations that specify—
“(A) which type or types of motor vehicles shall be phased-in first; and
“(B) the percentages by which such motor vehicles shall be phased-in.
“(d) Preventing Motor Vehicles From Rolling Away.—
“(1) Requirement.—
Each motor vehicle with an automatic transmission that includes a ‘park’ position manufactured for sale after September 1, 2010, shall be equipped with a system that requires the service brake to be depressed before the transmission can be shifted out of ‘park’. This system shall function in any starting system key position in which the transmission can be shifted out of ‘park’.
“(2) Treatment as motor vehicle safety standard.—
A violation of paragraph (1) shall be treated as a violation of a motor vehicle safety standard prescribed under section 30111 of title 49, United States Code, and shall be subject to enforcement by the Secretary under chapter 301 of such title.
“(3) Publication of noncompliant vehicles.—
“(A) Information submission.—
Not later than 60 days after the date of the enactment of this Act [Feb. 28, 2008], for the current model year and annually thereafter through 2010, each motor vehicle manufacturer shall transmit to the Secretary the make and model of motor vehicles with automatic transmissions that include a ‘park’ position that do not comply with the requirements of paragraph (1).
“(B) Publication.—
Not later than 30 days after receiving the information submitted under subparagraph (A), the Secretary shall publish and otherwise make available to the public through the Internet and other means the make and model of the applicable motor vehicles that do not comply with the requirements of paragraph (1). Any motor vehicle not included in the publication under this subparagraph shall be presumed to comply with such requirements.
“(e) Definition of Motor Vehicle.—
As used in this Act and for purposes of the motor vehicle safety standards described in subsections (a) and (b), the term ‘motor vehicle’ has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include—
“(1) a motorcycle or trailer (as such terms are defined in section 571.3 of title 49, Code of Federal Regulations); or
“(2) any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight.
“(f) Database on Injuries and Deaths in Nontraffic, Noncrash Events.—
“(1) In general.—
Not later than 12 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall establish and maintain a database of injuries and deaths in nontraffic, noncrash events involving motor vehicles.
“(2) Contents.—
The database established pursuant to paragraph (1) shall include information regarding—
“(A) the number, types, and causes of injuries and deaths resulting from the events described in paragraph (1);
“(B) the make, model, and model year of motor vehicles involved in such events, when practicable; and
“(C) other variables that the Secretary determines will enhance the value of the database.
“(3) Availability.—
The Secretary shall make the information contained in the database established pursuant to paragraph (1) available to the public through the Internet and other means.
“SEC. 3. CHILD SAFETY INFORMATION PROGRAM.
“(a) In General.—
Not later than 9 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall provide information about hazards to children in nontraffic, noncrash incident situations by—
“(1) supplementing an existing consumer information program relating to child safety; or
“(2) creating a new consumer information program relating to child safety.
“(b) Program Requirements.—
In carrying out the program under subsection (a), the Secretary shall—
“(1) utilize information collected pursuant to section 2(f) regarding nontraffic, noncrash injuries, and other relevant data the Secretary considers appropriate, to establish priorities for the program;
“(2) address ways in which parents and caregivers can reduce risks to small children arising from back over incidents, hyperthermia in closed motor vehicles, accidental actuation of power windows, and any other risks the Secretary determines should be addressed; and
“(3) make information related to the program available to the public through the Internet and other means.
“SEC. 4. DEADLINES.
“If the Secretary determines that the deadlines applicable under this Act cannot be met, the Secretary shall—
“(1) establish new deadlines; and
“(2) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the new deadlines and describing the reasons the deadlines specified under this Act could not be met.”
heading: Improving Criteria Used in a Recall
text: Pub. L. 106–414, § 15, Nov. 1, 2000, 114 Stat. 1808, provided that:
“(a) Review of Standards and Criteria Used in Opening a Defect or Noncompliance Investigation.—
The Secretary shall, not later than 30 days after the date of the enactment of this Act [Nov. 1, 2000], undertake a comprehensive review of all standards, criteria, procedures, and methods, including data management and analysis used by the National Highway Traffic Safety Administration in determining whether to open a defect or noncompliance investigation pursuant to subchapter II or IV of chapter 301 of title 49, United States Code, and shall undertake such steps as may be necessary to update and improve such standards, criteria, procedures, or methods, including data management and analysis.
“(b) Report to Congress.—
Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary shall transmit to the Committee on Commerce [now Committee on Energy and Commerce] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Secretary’s findings and actions under subsection (a).”