dreamproit/uscode huggingface dataset:
49 U.S.C. § 32309 (TRANSPORTATION)
§ 32309. Civil penalty for labeling violations
(a) Definitions.—
The definitions in section 32304 of this title apply to this section.
(b) Penalties.—
A manufacturer of a passenger motor vehicle distributed in commerce for sale in the United States that willfully fails to attach the label required under section 32304 of this title to a new passenger motor vehicle that the manufacturer manufactures or imports, or a dealer that fails to maintain that label as required under section 32304, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103–429, § 6(31), 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)
32309(a)
(no source).
32309(b)
15:1950(e).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 210(e); added Oct. 6, 1992, Pub. L. 102–388, § 355, 106 Stat. 1557.
Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this section.
In subsection (b), the words “Each failure to attach or maintain that label” are substituted for “Such failure” for clarity.
heading: Pub. L. 103–429
text: This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1042).
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–429 substituted “Civil” for “Criminal” in section catchline.
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Amendments
text: 1994—Par. (3). Pub. L. 103–429 struck out “public” before “street”.
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Amendments
text: 2012—Subsec. (a). Pub. L. 112–141 substituted “$10,000” for “$1,500”.
heading: Statutory Notes and Related Subsidiaries
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. § 32919 (TRANSPORTATION)
§ 32919. Preemption
(a) General.—
When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter.
(b) Requirements Must Be Identical.—
When a requirement under section 32908 of this title is in effect, a State or a political subdivision of a State may adopt or enforce a law or regulation on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is identical to that requirement.
(c) State and Political Subdivision Automobiles.—
A State or a political subdivision of a State may prescribe requirements for fuel economy for automobiles obtained for its own use.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1075, § 32918; renumbered § 32919, Pub. L. 103–429, § 6(43)(A), Oct. 31, 1994, 108 Stat. 4382.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
32918
15:2009.
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 509; added Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 914.
In subsection (a), the word “prescribed” is substituted for “established” for consistency.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–429 renumbered section 32918 of this title as this section.
49 U.S.C. § 33102 (TRANSPORTATION)
§ 33102. Theft prevention standard for high theft lines
(a) General.—
(1) The Secretary of Transportation by regulation shall prescribe a vehicle theft prevention standard that conforms to the requirements of this chapter. The standard shall apply to—
(A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under section 33104 of this title as high theft lines; and
(B) major replacement parts for the major parts described in clause (A) of this paragraph.
(2) The standard may apply only to—
(A) major parts that manufacturers install in passenger motor vehicles having a model year designation later than the calendar year in which the standard takes effect; and
(B) major replacement parts manufactured after the standard takes effect.
(b) Standard Requirements.—
The standard shall be practicable and provide relevant objective criteria.
(c) Limitations on Major Part and Replacement Part Standards.—
(1) For a major part installed by the manufacturer of the motor vehicle, the standard may not require a part to have more than one identification.
(2) For a major replacement part, the standard may not require—
(A) identification of a part not designed as a replacement for a major part required to be identified under the standard; or
(B) the inscribing or affixing of identification except a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part.
(d) Records and Reports.—
This chapter does not authorize the Secretary to require a person to keep records or make reports, except as provided in sections 33104(c), 33106(c), 33108(a), and 33112 1 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1077.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
33102(a)(1)
15:2022(a).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(a), (b), (c)(1)–(3), (5), (d)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756.
33102(a)(2)
15:2022(c)(1)–(3), (5).
33102(b)
15:2022(b).
33102(c)
15:2022(d)(1).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(d)(1); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756; restated Oct. 25, 1992, Pub. L. 102–519, § 302(1), 106 Stat. 3394.
33102(d)
15:2022(e).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397.
In subsection (a)(1), before clause (A), the words “in accordance with this section” are omitted as surplus.
In subsection (a)(2), the text of 15:2022(c)(1)–(3) is omitted as obsolete because the standard has already been prescribed. See 49 C.F.R. part 541.
heading: Editorial Notes
heading: References in Text
text: Section 33112 of this title, referred to in subsec. (d), was repealed by Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772.
49 U.S.C. § 33111 (TRANSPORTATION)
§ 33111. Verifications involving motor vehicle major parts
(a) General Requirements.—
A person engaged in the business of salvaging, dismantling, recycling, or repairing passenger motor vehicles may not knowingly sell in commerce or transfer or install a major part marked with an identification number without—
(1) first establishing, through a procedure the Attorney General by regulation prescribes in consultation with the Secretary of Transportation under section 33109 of this title, that the major part has not been reported as stolen; and
(2) providing the purchaser or transferee with a verification—
(A) identifying the vehicle identification number (or derivative of that number) of that major part; and
(B) verifying that the major part has not been reported as stolen.
(b) Nonapplication.—
(1) Subsection (a) of this section does not apply to a person that—
(A) is the manufacturer of the major part;
(B) has purchased the major part directly from the manufacturer; or
(C) has received a verification from an insurance carrier under section 33110 of this title that the motor vehicle from which the major part is derived has not been reported as stolen, or that the carrier has not established whether that vehicle has been stolen.
(2) A person described under paragraph (1)(C) of this subsection that subsequently transfers or sells in commerce the motor vehicle or a major part of the vehicle shall provide the verification received from the carrier to the person to whom the vehicle or part is transferred or sold.
(c) Regulations.—
The Attorney General shall prescribe regulations to carry out this section. The regulations shall include regulations prescribed in consultation with the Secretary that are necessary to ensure that a verification a person provides under subsection (a)(2) of this section is uniform, effective, and resistant to fraudulent use.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1086.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
33111(a)
15:2026b(a).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 608; added Oct. 25, 1992, Pub. L. 102–519, § 306(c), 106 Stat. 3397.
33111(b)
15:2026b(c) (1st, 2d sentences).
33111(c)
15:2026b(b), (c) (last sentence).
In subsection (a), before clause (1), the word “distribute” is omitted as being included in “sell”. In clause (1), the word “establishing” is substituted for “determining” for clarity and consistency in the revised title.
Subsection (b)(2) is substituted for 15:2026b(c) (2d sentence) for clarity.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 103–272, § 4(v), July 5, 1994, 108 Stat. 1373, provided that: “Section 33111 of title 49, United States Code, as enacted by section 1 of this Act, is effective on the date on which the National Stolen Passenger Motor Vehicle Information System is established under section 33109 of title 49.”
49 U.S.C. § 33112 (TRANSPORTATION)
[§ 33112. Repealed. Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772]
text: Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1087, related to insurance reports and information.
heading: Statutory Notes and Related Subsidiaries
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. § 40124 (TRANSPORTATION)
§ 40124. Interstate agreements for airport facilities
Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility.
(Added Pub. L. 104–287, § 5(69)(A), Oct. 11, 1996, 110 Stat. 3395, § 40121; renumbered § 40124, Pub. L. 105–102, § 3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)
heading: Historical and Revision Notes
text: This restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1997 Amendment
text: Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(B) is effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
49 U.S.C. § 40126 (TRANSPORTATION)
§ 40126. Severable services contracts for periods crossing fiscal years
(a) In General.—
The Administrator of the Federal Aviation Administration may enter into a contract for procurement of severable services for a period that begins in 1 fiscal year and ends in the next fiscal year if (without regard to any option to extend the period of the contract) the contract period does not exceed 1 year.
(b) Obligation of Funds.—
Funds made available for a fiscal year may be obligated for the total amount of a contract entered into under the authority of subsection (a).
(Added Pub. L. 106–181, title VII, § 705(a), Apr. 5, 2000, 114 Stat. 157.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 40127 (TRANSPORTATION)
§ 40127. Prohibitions on discrimination
(a) Persons in Air Transportation.—
An air carrier or foreign air carrier may not subject a person in air transportation to discrimination on the basis of race, color, national origin, religion, sex, or ancestry.
(b) Use of Private Airports.—
Notwithstanding any other provision of law, no State or local government may prohibit the use or full enjoyment of a private airport within its jurisdiction by any person on the basis of that person’s race, color, national origin, religion, sex, or ancestry.
(Added Pub. L. 106–181, title VII, § 706(a), Apr. 5, 2000, 114 Stat. 157.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
heading: Training Policies Regarding Racial, Ethnic, and Religious Nondiscrimination
text: Pub. L. 115–254, div. B, title IV, § 407, Oct. 5, 2018, 132 Stat. 3330, provided that:
“(a) In General.—
Not later than 180 days after the date of the enactment of this Act [Oct. 5, 2018], the Comptroller General of the United States shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] and the Secretary of Transportation a report describing—
“(1) each air carrier’s training policy for its employees and contractors regarding racial, ethnic, and religious nondiscrimination; and
“(2) how frequently an air carrier is required to train new employees and contractors because of turnover in positions that require such training.
“(b) Best Practices.—
After the date the report is submitted under subsection (a), the Secretary shall develop and disseminate to air carriers best practices necessary to improve the training policies described in subsection (a), based on the findings of the report and in consultation with—
“(1) passengers of diverse racial, ethnic, and religious backgrounds;
“(2) national organizations that represent impacted communities;
“(3) air carriers;
“(4) airport operators; and
“(5) contract service providers.”
49 U.S.C. § 40130 (TRANSPORTATION)
§ 40130. FAA authority to conduct criminal history record checks
(a) Criminal History Background Checks.—
(1) Access to information.—
The Administrator of the Federal Aviation Administration, for certification purposes of the Administration only, is authorized—
(A) to conduct, in accordance with the established request process, a criminal history background check of an airman in the criminal repositories of the Federal Bureau of Investigation and States by submitting positive identification of the airman to a fingerprint-based repository in compliance with section 217 of the National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 14616); 1 and
(B) to receive relevant criminal history record information regarding the airman checked.
(2) Release of information.—
In accessing a repository referred to in paragraph (1), the Administrator shall be subject to the conditions and procedures established by the Department of Justice or the State, as appropriate, for other governmental agencies conducting background checks for noncriminal justice purposes.
(3) Limitation.—
The Administrator may not use the authority under paragraph (1) to conduct criminal investigations.
(4) Reimbursement.—
The Administrator may collect reimbursement to process the fingerprint-based checks under this subsection, to be used for expenses incurred, including Federal Bureau of Investigation fees, in providing these services.
(b) Designated Employees.—
The Administrator shall designate, by order, employees of the Administration who may carry out the authority described in subsection (a).
(Added Pub. L. 112–95, title VIII, § 802(a), Feb. 14, 2012, 126 Stat. 118.)
heading: Editorial Notes
heading: References in Text
text: Section 217 of the National Crime Prevention and Privacy Compact Act of 1998, referred to in subsec. (a)(1)(A), is section 217 of subtitle A of title II of Pub. L. 105–251, which was classified to section 14616 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 40316 of Title 34, Crime Control and Law Enforcement.
49 U.S.C. § 41105 (TRANSPORTATION)
§ 41105. Transfers of certificates
(a) General.—
A certificate issued under section 41102 of this title may be transferred only when the Secretary of Transportation approves the transfer as being consistent with the public interest.
(b) Certification to Congress.—
When a certificate is transferred, the Secretary shall certify to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that the transfer is consistent with the public interest. The Secretary shall include with the certification a report analyzing the effects of the transfer on—
(1) the viability of each carrier involved in the transfer;
(2) competition in the domestic airline industry; and
(3) the trade position of the United States in the international air transportation market.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 104–287, § 5(9), Oct. 11, 1996, 110 Stat. 3389.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
41105(a)
49 App.:1371(h)(1).
Aug. 23, 1958, Pub. L. 85–726, § 401(h)(1), 72 Stat. 756; Nov. 5, 1990, Pub. L. 101–508, § 9127(1), 104 Stat. 1388–371.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
41105(b)
49 App.:1371(h)(2), (3).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 401(h)(2), (3); added Nov. 5, 1990, Pub. L. 101–508, § 9127(2), 104 Stat. 1388–371.
heading: Editorial Notes
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.