An Act to amend the National Traffic and Motor Vehicle Safety Act of 1966 in order to promote competition among motor vehicle manufacturers in the design and production of safe motor vehicles having greater resistance to damage, and for other purposes
PL 92-513 (S.976), enacted 10/20/1972

86 
STAT.] 
PUBLIC LAW92-513-OCT. 20, 1972 
947 
(c) Section 403(a) (5) of such Act is amended to read as follows: 
" (5) in the case of any State, an amount equal to 50 per centum 
of the total amount expended under the State plan during such 
quarter as emergency assistance to needy families with children." 
(d) Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a), of such 
Act are amended, in the matter preceding paragraph (1) of each 
such section, by striking out "shall pay" and inserting in lieu thereof 
"shall (subject to section 1130) pay". 
(e) The amendments made by this section (other than by subsec-
tion (b)) shall be effective July 1,1972, and the amendments made by 
subsection (b) shall be effective January 1,1973. 
Approved October 20, 1972. 
81 Stat. 893. 
42 u s e 603. 
42 u s e 303, 
1203, 1353, 1383, 
Ante, p. 945. 
Effective dates.. 
Public Law 92-513 
AN ACT 
To promote competition among motor vehicle manufacturers in the design and 
production of safe motor vehicles having greater resistance to damage, and 
for other purposes. 
October 20, 1972 
[S. 976] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That this Act may 
J^ot""" vehicle 
be cited as the "Motor Velhicle Information and Cost Savings Act". e"ost'savhl^gs'Act. 
DEFINITIONS 
SEC. 2. For the purpose of this Act: 
(1) The term "passenger motor vehicle'* means a motor vehicle 
with motive power, designed for carrying twelve persons or less, 
except (A) a motorcycle or (B) a truck not designed primarily to 
carry its operator or passengers. 
(2) The term "multipurpose passenger vehicle" means a pas-
senger motor vehicle which is constructed either on a truck chassis 
or with special features for occasional off-road operation. 
(3) The term "passenger motor vehicle equipment" means (A) 
any system, part or component of a passenger motor vehicle as 
originally manufactured or any similar part or component manu-
factured or sold for replacement or improvement of such system, 
part, or component or as an accessory, or addition to a passenger 
motor vehicle, or (B) a towing device. 
(4) The term "towing device" means any device manufactured 
or sold for use in towing a passenger motor vehicle. 
(5) The term "property loss reduction standard" means a 
minimum performance standard established for the purpose of 
increasing the resistance of passenger motor vehicles or passenger 
motor vehicle equipment to damage resulting from motor vehicle 
accidents or for the purpose of reducing the cost of repairing such 
vehicles or such equipment damaged as a result of such accidents. 
(6) The term "bumper standard" means any property loss 
reduction standard the purpose of which is (A) to eliminate or 
reduce substantially physical damage to the front or rear ends 
(or both) of a passenger motor vehicle resulting from (i) a low-
speed collision (including but not limited to a low-speed collision 
948 
PUBLIC LAW 92-513-OCT. 20, 1972 
[86 STAT. 
:'•'" ' -
- 
'-j^ 
with a fixed barrier) or (ii) from the towing of such vehicle, or 
"^' '' ^ ' 
(B) to reduce substantially the cost of repair of the front or rear 
ends (or both) of such a vehicle when damaged (i) in such a colli-
\ 
sion or (ii) as a result of being towed; but such a standard may 
not specify a specific dollar amount for the cost of repair of a 
.'= -''^y I • 
vehicle when so damaged. 
'^ 
" 
'^ 
t'>' 
(7) The term "manufacturer" means any person engaged in the 
J .- 
manufacturing or assembling of passenger motor vehicles or 
' • 
.t passenger motor vehicle equipment including any person import-
v
^
t
^
' ing motor vehicles or motor vehicle equipment for resale. 
(8) The term "make" when used in describing a passenger motor 
vehicle means the trade name of the manufacturer of that vehicle. 
(9) The term "model" when used in describing a passenger 
motor vehicle means a category of passenger motor vehicle based 
upon the size, style, and type of any make of passenger motor 
^ 1 
vehicle. 
. ' , 
'' 
(10) The term "motor vehicle accident" means an accident aris-
- 
~ 
" " 
ing out of the operation, maintenance, or use of a passenger motor 
vehicle or passenger motor vehicle equipment. 
(11) The term "Secretary" means the Secretary of Transporta-
tion. 
' ""' ' ' '' 
' 
(12) The term "insurer of passenger motor vehicles" means any 
person engaged in the business of issuing (or reinsuring, in whole 
or part) passenger motor vehicle insurance policies. 
(13) The term "damage susceptibility" means susceptibility to 
physical damage incurred by a passenger motor vehicle involved 
in a motor vehicle accident. 
, 
(14) The term "crashworthiness" means the protection that a 
" 
passenger motor vehicle affords its passengers against personal 
injury or death as a result of a motor vehicle accident. 
(15) The term "motor vehicle" means any vehicle driven or 
drawn by mechanical power manufactured primarily for use on 
the public streets, roads, and highways, except any vehicle oper-
/ 
ated exclusively on a rail or rails. 
g 
(16) The term "State" includes each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
the Virgin Islands, the Canal Zone, and American Samoa. 
"
, 
(17) The term "interstate commerce" means commerce between 
any place in a State and any place in another State, or between 
i 
places in the same State through another State. 
(18) The term "United States district courts" means the Fed-
, 
eral district courts of the United States and the United States 
?
s 
courts of the Commonwealth of Puerto Rico, Guam, the Virgin 
Islands, the Canal Zone, and American Samoa. 
! 
TITLE I—BUMPER STANDARDS 
FINDINGS AND PURPOSE 
' 
? 
• 
• 
SEC. 101. (a) The Congress finds that it is necessary to reduce the 
economic loss resulting from damage to passenger motor vehicles 
involved in motor vehicle accidents. 
86 STAT. ] 
PUBLIC LAW 92-513-OCT. 20, 1972 
949 
(b) It is the purpose of this title to reduce the extent of such eco-
nomic loss by providing for the promulgation and enforcement of 
bumper standards. 
.sww.^a li.-a 
SETTING OF STANDARDS 
SEC. 102. (a) Subject to subsections (b) through (e) of this section, 
the Secretary by rule— 
(1) shall promulgate bumper standards applicable to all pas-
senger motor vehicles manufactured in or imported into the 
.sn .«;j 
United States, and 
(2) may promulgate bumper standards applicable to any item 
of passenger motor vehicle equipment so manufactured 
or 
imported, 
except that such a rule shall not apply to any vehicle or item of pas-
senger motor vehicle equipment which is intended solely for export 
(and is so labeled or tagged on the vehicle or equipment itself and on 
the outside of the container, if any) and which is exported. 
(b) (1) Any standard under subsection (a) shall seek to obtain the 
maximum feasible reduction of costs to the public and to the consumer, 
taking into account: 
(A) the cost of implementing the standard and the benefits 
attainable as the result of implementation of the standard; 
(B) the effect of implementation of the standard on the cost of 
,. 
insurance and prospective legal fees and costs; 
(C) savings in terms of consumer time and inconvenience; and 
• V
J
^
r
V r tsV' 
(D) considerations of health and safety, including emission 
standards. 
(2) Bumper standards under this title shall not conflict with motor 
vehicle safety standards promulgated under title I of the National 
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391, et seq.). ^2%!!%'^^^'' 
(c) (1) In promulgating any bumper standard under this title the 
Exemptions. 
Secretary may for good cause shown— 
(A) exempt partially or completely any multipurpose passenger 
motor vehicle; or 
(B) exempt partially or completely any make, model, or class of 
passenger motor vehicle manufactured for a special use, if such 
standard would unreasonably interfere with the special use of 
such vehicle. 
(2) To the maximum extent practicable, a bumper standard pro-
mulgated by the Secretary shall not preclude the attachment of 
detachable hitches. 
(d) The Secretary shall establish the effective date of any bumper 
Effective date, 
standard when finally promulgating the standard, and such standard 
shall apply only to passenger motor vehicles or passenger motor vehicle 
equipment manufactured on or after such effective date. Such effec- 
'-' -'*'' ^'' 
tive date shall not be— 
(1) earlier than the date on which such standard is finally pro-
mulgated, or 
(2) later than eighteen months after final promulgation of the 
standard unless the Secretary presents to Congress and publishes 
a detailed explanation of the reasons for such later effective date. 
72 Stat. 941; 
80 Stat. 1323. 
PUBLIC LAW 92-513-OCT. 20, 1972 
[86 STAT. 
In no event shall the Secretary establish an effective date which is 
' earlier than July 1,1973. 
Rulemaking, 
^^^ ^ ^ j^]^ Fules establisMng, amending, or revoking a bumper 
standard under this title shall be issued pursuant to section 553 of 
80 Stat, 383, 
title 5 of the United States Code, except that the Secretary shall give 
interested persons an opportunity for oral presentation of data, views, 
or arguments, and the opportunity to make written submissions. A 
transcript shall be kept of any oral presentation. 
Hearing. 
^2) The Secretary may also conduct a hearing in accordance with 
such conditions or limitations as he may make applicable thereto, for 
the purpose of resolving any issue of fact material to the establish-
ing, amending, or revoking of a bumper standard. 
JUDICIAL 
REVIEW 
SEC. 103. (a) Any person who may be adversely affected by any 
rule issued under section 102 of this title may at any time prior to sixty 
days after such rule is issued file a petition with the United States 
Court of Appeals for the District of Columbia, or any circuit wherein 
such person resides or has his principal place of business, for judicial 
review of such rule. A copy oi the petition shall be forthwith trans-
mitted by the clerk of the court to the Secretary or his delegate. The 
Secretary thereupon shall file in the court the record of the proceed-
ings on which the Secretary based his rule, as provided in section 
2112 of title 28, United States Code. 
(b) If the petitioner applies to the court for leave to adduce addi-
tional evidence, and shows to the satisfaction of the court that such 
additional evidence is material and that there were reasonable grounds 
: " • • 
for the failure to adduce such evidence in the proceeding before the 
Secretary, the court may order such additional evidence (and evidence 
in rebuttal thereof) to be taken before the Secretary, and to be adduced 
in a hearing, in such manner and upon such terms and conditions as 
the court may deem proper. The Secretary may modify his findings 
as to the facts, or make new findings, by reason of the additional 
evidence so taken, and he shall file such modified or new finding-s, 
and his recommendation, if any, for the modification or setting aside of 
his rule, with the return of such additional evidence. 
(c) Upon the filing of the petition referred to in subsection (a) of 
this section, the court shall have jurisdiction to review the rule in 
80 Stat. 392. 
accordaucc with chapter 7 of title 5, United States Code, and to grant 
5 use 701. 
appropriate relief as provided in such chapter. 
(d) The judgment of the court affirming or setting aside, in whole or 
in part, any such rule of the Secretary shall be final, subject to review 
by the Supreme Court of the United States upon certiorari or certi-
62 Stat. 928. 
ficatiou 
as provided in section 1254 of title 28, United States Code. 
(e) The remedies provided for in this section shall be in addition to 
and not in lieu of any other remedies provided by law. 
9s*' ' 
' 
POWERS OF T H E 
SECRETARY 
' 
SEC. 104. (a) (1) For the purpose of carrying out the provisions of 
this title, the Secretai-y, or on the authorization of the Secretary, any 
officer or employee of the Department of Transportation may hold 
86 STAT. ] 
PUBLIC LAW 92-513-OCT. 20, 1972 
9iSl 
such hearings, take such testimony, sit and act at such times and places, 
administer such oaths, and require, by subpena or otherwise, the 
attendance and testimony of such witnesses and the production of such 
books, papers, correspondence, memorandums, contracts, agreements, 
or other records as the Secretary, or such officer or employee, deems 
advisable. 
(2) In order to carry out the provisions of this title, the Secretary 
or his duly authorized agent shall at all reasonable times have access 
to, and for the purposes of examination the right to copj^, any docu-
mentary evidence of any person having materials or information 
relevant to any function of the Secretary under this title. 
(3) The Secretary is authorized to require, by general or special 
orders, any person to file, in such form as the Secretary may prescribe, 
reports or answers in writing to specific questions relating to any 
function of the Secretary under this title. Such reports and answers 
shall be made under oath or otherwise, and shall be filed with the Sec-
retary within such reasonable period as the Secretary may prescribe. 
(4) Any of the district courts of the United States within the 
jurisdiction of which an inquiry is carried on may, in the case of con-
tumacy or refusal to obey a subpena or order of the Secretary or such 
officer or emploj^ee issueid under paragraph (1) or paragraph (3) of 
this subsection, issue an order requirmg compliance therewith; and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. 
(5) Witnesses summoned pursuant to this subsection shall be paid 
the same fees and mileage that are paid witnesses in the courts of the 
United States. 
(b) All information reported to or otherwise obtained by the Secre- . confidential 
tary or his representative under this title which information contains c'ios'il^e!*°"' 
or relates to a trade secret or other matter referred to in section 1905 
of title 18 of the United States Code, shall be considered confidential 
62 stat. 791. 
for the purpose of that section, except that such information may be 
disclosed to other officers or employees concerned with carrying out 
this title or when relevant in any proceeding under this title. Nothing 
in this section shall authorize the withholding of information by the 
Secretary or any officer or employee under his control from the duly 
authorized committees of the Congress. 
(c)(1) The Secretary is authorized to request from any depart-
ment, agency, or instrumentality of the Government any information 
he deems necessary to carry out his functions under this title; and 
each such department, agency, or instrumentality is authorized and 
directed to cooperate with the Secretary and to furnish such informa-
tion to the Department of Transportation upon request made by the 
Secretary. 
(2) The head of any Federal department, agency, or instrumental-
ity is authorized to detail, on a reimbursable basis, any personnel of 
such department, agency, or instrumentality to assist in carrying out 
the duties of the Secretary under this title. 
(d) The Secretary shall conduct such research as is necessary for 
him to carry out his functions under this title. 
Personnel 
detail. 
82-081 O - 73 - 63 
952 
PUBLIC LAW 92-513-OCT 20, 1972 
[86 STAT. 
Test vehicles, 
availability, cost 
limitation. 
Compliance 
certification. 
Exports , non-
applicability. 
INSPECTION AND CERTIFICATION 
SEC. 105. (a) Every manufacturer of passenger motor vehicles or 
of passenger motor vehicle equipment shall establish and maintain such 
records, make such reports, and provide such items and information 
(including the supplymg of vehicles or equipment for testing) as the 
Secretary may reasonably require to enable him to determine whether 
such manufacturer has acted or is acting in compliance with this title 
and bumper standards prescribed pursuant to this title and shall, 
upon request of an officer or employee duly designated by the Secretary, 
permit such officer or employee to inspect vehicles and appropriate 
books, papers, records, and documents relevant to determining whether 
such manufacturer has acted or is acting in compliance with this title 
and bumper standards prescribed pursuant to this title. Such manu-
facturer shall make available all such items and information in accord-
ance with such reasonable rules as the Secretary may prescribe. 
Vehicles and equipment for testing shall be made available under this 
subsection at a negotiated price that does not exceed the manufac-
turer's cost. 
(b) For purposes of enforcement of this title, officers or employees 
duly designated by the Secretary, upon presenting appropriate cre-
dentials and a written notice to the owner, operator, or agent in 
charge, are authorized (1) to enter any factory, warehouse, or estab-
lishment in which passenger motor vehicles or passenger motor vehicle 
equipment is manufactured, or held for introduction into interstate 
commerce or are held for sale after such introduction; and (2) to 
inspect such factory, warehouse, or establishment. Each such inspection 
shall be conducted at reasonable times and in a reasonable manner and 
shall be commenced and completed with reasonable promptness. 
(c) (1) Every manufacturer or distributor of a passenger motor 
vehicle subject to a Federal bumper standard under this title, or an 
item of passenger motor vehicle equipment subject to such a standard, 
shall furnish to the distributor or dealer at the time of delivery of such 
vehicle or item of equipment hj such manufacturer or distributor a 
certification that each such vehicle or item of equipment conforms to 
applicable Federal bumper standards. The Secretary is authorized to 
issue rules prescribing the manner and form of such certification. 
(2) Paragraph (1) of this subsection shall not apply to any passen-
ger motor vehicle or item of passenger motor vehicle equipment which 
is intended solely for export (and is so labeled or tagged on the vehicle 
or equipment itself and on the outside of the container, if any) and 
which is exported. 
* 
PROHIBITED ACTS 
SEC. 106. (a) No person shall— 
(1) manufacture for sale, sell, ojffer for sale, or introduce or 
deliver for introduction in interstate commerce, or import into the 
United States, any passenger motor vehicle or passenger motor 
vehicle equipment manufactured on or after the date any appli-
cable Federal bumper standard takes effect under this title unless 
it is in conformity with such standard; 
86 STAT. ] 
PUBLIC LAW 92-513-OCT. 20, 1972 
953 
(2) fail to comply with any rule prescribed by the Secretary 
under this title; 
(3) fail to keep specified records or refuse access to or copying 
of records, or fail to make reports or provide items or information, 
or fail or refuse to permit entry or inspection, as required under 
this title or any rule issued thereunder; or 
(4) (A) fail to furnish a certificate required by section 105(c), 
or (B) issue a certificate required by such subsection to the effect 
that a passenger motor vehicle or passenger motor vehicle equip-
ment conforms to all applicable bumper standards, if such person 
knows, or in the exercise of due care has reason to know, that such 
certificate is false or misleading in a material respect. 
(b) (1) Paragraph (1) of subsection (a) Shall not apply to the sale, 
Exemptions, 
the offer for sale, or the introduction or delivery for introduction in 
interstate commerce of any passenger motor vehicle or any passenger 
motor vehicle equipment after the first purchase of it in good faith for 
purposes other than resale. Nothing contained in this paragraph shall 
be construed as prohibiting the Secretary from promulgating any 
standard which requires vehicles or equipment to be manufactured so 
as to perform in accordance with the standard over a specified period 
of operation or use. 
(2) Paragraph (1) of subsection (a) shall not apply to any person 
who establishes that he did not have reason to know in the exercise of 
due care that the vehicle or item of equipment is not in conformity with 
applicable bumper standards or to any person who, prior to such first 
purchase, holds a certificate issued under section 105(c) to the effect 
that the vehicle or item of equipment conforms to all applicable 
Federal bumper standards, unless such person knows that such vehicle 
or such equipment does not so conform. 
(3) A passenger motor vehicle or passenger motor vehicle equip- . Noncomforming 
ment offered for importation in violation of paragraph (1) of sub- ^'"P""'*^'""^'"t'"*"*' 
section (a) shall be refused admission into the United States under 
joint regulations issued bv the Secretary of the Treasury and the 
Secretary; except that the Secretary of the Treasury and the Secretary 
may, by such regulations, provide for authorizing the importation of 
such vehicle or equipment into the United States upon such terms and 
conditions (including the furnishing of a bond) as may appear to them 
appropriate to insure that any such vehicle or such equipment will be 
brought into conformity with any applicable Federal bumper stand-
ard prescribed under this title, or will be exported or abandoned to the 
-
United States. 
(4) The Secretary of the Treasury and the Secretary may, by joint 
regulations, permit the importation of any passenger motor vehicle or 
passenger motor vehicle equipment after the first purchase of it in 
^ 
,j, ^ ^
^
^ 
good faith for purposes other than resale. 
(c) Compliance with any Federal bumper standard issued under 
this title does not exempt any person from any liability under statutory 
or common law. 
ENFORCEMENT 
SEa 107. (a^ Whoever violates subsection (a) of section 106 may be 
^''''^ penalties, 
assessed a civil penalty of not to exceed $1,000 for each violation. Such 
penalty shall be assessed by the Secretary and collected in a civil action 
954 
PUBLIC LAW 92-513-OCT. 20,1972 
[86 STAT. 
U.S. district 
courts, jurisdic-
tion. 
28 u s e app. 
Notice, hearing 
opportunity. 
Criminal 
contempt pro-
ceedings. 
18 u s e app. 
brought by the Attorney General or by the Secretary (with the con-
currence of the Attorney General) by any of the Secretary's attorneys 
designated by the Secretary for such purpose. With respect to viola-
tions of paragraph (1) or (4) of subsection (a) of section 106, a sepa-
rate violation is committed with respect to each passenger motor 
vehicle or each item of passenger motor vehicle equipment which fails 
to conform to an applicable bumi)er standard or for which a certificate 
is not furnished or for which a misleading or false certificate is issued; 
except that the maximum civil penalty shall not exceed $800,000 for 
any related series of violations. 
(b) (1) Any person who knowingly and willfully violates section 
106(a)(1) after having received notice of noncompliance from the 
Secretary shall be fined not more than $50,000 or be imprisoned not 
more than one year, or both. 
(2) If a corporation violates section 106(a) (1) after having received 
notice of noncompliance from the Secretary, any individual director, 
officer, or agent of such corporation who knowingly and willfully 
authorized, ordered, or performed any of the acts or practices con^ 
stituting in whole or in part such violation and who had knowledge 
of such notice from the Secretary shall be subject to penalties under 
this section in addition to the corporation. 
(c) (1) Upon petition by the Secretary or by the Attorney General 
on behalf of the United States, the United States district courts shall 
have jurisdiction, for cause shown and subject to the provisions of rule 
65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain 
violations of this title, or to restrain the sale, offer for sale, or the 
introduction or delivery for introduction in interstate commerce, or the 
importation into the United States, of any passenger motor vehicle 
or passenger motor vehicle equipment which is determined, prior to 
the first purchase of such vehicle or such equipment in good faith for 
purposes other than resale, not to conform to applicable bumper stand-
ards prescribed pursuant to this title. Whenever pi-acticable, the Sec-
retary shall give notice to any person against whom an action for 
injuctive relief is contemplated and afford him an opportunity to pre-
sent his views, and, except in the case of a knowing and willful viola-
tion, shall afford him reasonable opportunity to achieve compliance. 
The failure to give such notice and afford such opportimity shall not 
preclude the granting of appropriate relief. 
(2) In any proceeding for criminal contempt for violation of an 
injunction or restraining order issued under this subsection, which vio-
lation also constitutes a violation of this title, trial shall be by the court, 
or, upon demand of the accused, by a jury. Such trial shall be con-
ducted in accordance with the practice and procedure applicable in 
the case of proceedings subject to the provisions of rule 42(b) of the 
Federal Rules of Criminal Procedure. 
(3) Actions under paragraph (1) of this subsection and imder sub-
section (a) of this section may be brought in the district wherein any 
act or transaction constituting the violation occurred, or in the dis-
trict wherein the defendant is found or is an inhabitant or transacts 
business, and process in such cases may be served in any other district 
of which the defendant is an inhabitant or wherever the defendant 
may be found. 
statute of 
limitation. 
86 STAT. ] 
PUBLIC LAW 92-513-OCT. 20, 1972 
955 
(4) In any actions brought under paragraph (1) of this subsection 
and under subsection (a) of this section, subpenas for witnesses who 
are required to attend a United States district court may run into any 
other district. 
CIVIL ACTION 
SEC. 108. (a) Any owner of a passenger motor vehicle who sustains 
damages as a result of a motor vehicle accident because such vehicle 
did not comply with any applicable Federal bumper standard under 
this title may bring a civil action against the manufacturer of that 
vehicle in the United States District Court for the District of Colum-
bia, or in the United States district court for the judicial district in 
which that owner resides, to recover the amount of those damages, 
and in the case of any such successful action to recover that amount, 
costs and reasonable attorneys' fees shall be awarded to that owner. 
(b) Any such axjtion shall be brought within three years of the date 
of the motor vehicle accident. 
PUBLIC ACCESS TO INFORMATION 
SEC. 109. Subject to section 104(b), copies of any communications, 
documents, reports, or other information sent or received by the Secre-
tary in connection with his duties under this title shall be made avail-
able to any member of the public, upon request, at cost. 
ETFECT ON STATE LAWS 
SEC. 110. (a) Except as provided in subsection (b) of this section, 
no State or political subdivision thereof shall have any authority to 
establish or enforce with respect to any passenger motor vehicle or 
passenger motor vehicle equipment offered for sale any bumper stand-
ard which is not identical to a Federal bumper standard. 
(b) (1) Until a Federal bumper standard takes effect with respect to 
an aspect of performance of a passenger motor vehicle or of an item of 
passenger motor vehicle equipment, neither this Act nor the National 
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1391, et seq.) 
Is use Issi 
shall affect the authority of a State to continue to enforce any bumper "°te-
standard which is applicable to the same aspect of performance of 
such vehicle or item of equipment, which is not in conflict with any 
Federal standard promulgated under title 1 of the National Traffic 
and Motor Vehicle Safety Act of 1966, and which was in effect or had 
been promulgated on the date of enactment of this Act. 
(2) The Federal Government or the government of any State or ^^^^^^ ^^, 
political subdivision thereof may establish a bumper standard appli- st^andar/s 
cable to vehicles or equipment procured for its own use which is not 
identical to the Federal standard under section 102 if such require-
ment imposes an additional or higher standard of performance. 
ATJTHORIZATION 
SEC. 111. There is authorized to be appropriated to carry out this 
title $5,000,000 for fiscal year ending June 30, 1973; $9,000,000 for 
the fiscal year ending June 30, 1974; and $10,000,000 for the fiscal 
year ending June 30,1975. 
REPORTS 
SEC. 112. The Secretary shall report to the Congress and to the 
President not later than March 31 of each year on the progress in 
carrying out the purposes of this title. Each such report shall contain a 
statement of the cost savings that have resulted from the administra-
80 Stat. 718. 
Government-
owned vehicles. 
956 
PUBLIC LAW 92-513-OCT. 20, 1972 
[86 STAT. 
tion of this title, and include such recommendations for further 
legislative or other action as the Secretary determines may be 
appropriate. 
TITLE II—AUTOMOBILE CONSUMER INFORMATION 
STUDY 
Dissemination. 
Insurance 
premium rate 
parisons. 
CONSUMER INFORMATION 
SEC. 201. (a) During the first year after enactment of this Act the 
Secretary shall conduct a comprehensive study and investigation of the 
methods for determining the following characteristics of passenger 
motor vehicles: 
^ 1) The damage susceptibility of such vehicles. 
(2^ The degree of crash 
worthiness of such vehicles. 
(3) The characteristics of such vehicles with respect to the ease 
of diagnosis and repair of mechanical and electrical systems which 
fail during use or which are damaged in motor vehicle accidents. 
(b) After reviewing the methods for determining the characteris-
tics enumerated in subsection (a), the Secretary shall make specific 
recommendations for the further development of existing methods or 
for the development of new methods. 
(c) After the study has been completed the Secretary is authorized 
and directed to devise specific ways in which existing information and 
information to be developed relating to (1) the characteristics of pas-
senger motor vehjcles enumerated in subsection (a), or (2) vehicle 
operating costs dependent upon those characteristics (including infor-
mation obtained pursuant to section 205 of this title), can be communi-
cated to consumers so as to be of benefit in their passenger motor 
vehicle purchasing decisions. 
(d) The Secretary shall compile the information described in sub-
section (c) and furnish it to the public in a simple and readily under-
standable form in order to facilitate comparison among the various 
makes and models of passenger motor vehides with respect to the char-
acteristics enumerated in subsection (a). 
(e) The Secretary, not later than February 1, 1975, shall by rule 
establish procedures requiring automobile dealers to distribute to pros-
pective purchasers information developed by the Secretary and pro-
vided to the dealer which compares differences in insurance costs for 
different makes and models of passenger motor vehicles based upon 
differences in damage susceptibility and crashworthiness. 
80 Stat. 378. 
5 u s e 101 et 
seq, 
5 u s e 5101, 
5331. 
80 Stat. 416. 
ADMINISTRATIVE POWERS 
SEC. 202. In order to carry out his functions under this title the Sec-
retary is authorized to— 
(1) appoint and fix the compensation of such employees as he 
deems necessary without regard to the provisions of title 5, United 
States Code, governing appointment in the competitive service 
and without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of such title relating to classification and General 
Schedule pay rates; 
(2) obtain the services of experts and consultants in accordance 
with the provisions of section 3109 of title 5, United States Code, 
but at rates for individuals not to exceed $100 per diem; 
(3) contract with any person for the conduct of research and 
surveys and the preparation of reports; and 
(4) appoint, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive services, 
86 STAT. ] 
PUBLIC LAW 92-513-OCT. 20, 1972 
957 
such advisory committees, representative of the divergent interests 
involved, as he deems appropriate for the purposes of consulta-
tion with and advice to the Secretary. 
Members of advisory committees appointed under paragraph (4) of 
this section, other than those regularly employed by the Federal Gov-
ernment, while attending meetings of such committees or otherwise 
serving at the request of the Secretary, may be compensated at rates to 
be j&xed by the Secretary but not exceeding $100 per day, and while 
away from home or regular place of business they may be allowed 
travel expenses, including per diem in lieu of subsistence, as authorized 
by section 5703 of title 5, United States Code, for persons in the Gov- 
so stat. 499; 
ernment service employed intermittently. Members of such advisory 
committees shall, for the purposes of chapter 11, title 18, United States 
Code, be deemed to be special Government employees. 
83 Stat. 190. 
76 Stat. 1119; 
78 Stat. 203; 
80 Stat. 249. 
COOPERATION OF FEDERAL AGENCIES 
SEC. 203. (a) The Secretary may request from any department, 
agency, or independent instrumentality of the Government any infor-
mation he deems necessary to carry out his functions under this title; 
and eadh such department, agency, or independent instrumentality is 
authorized and directed to cooperate with the Secretary and furnisih 
such information to the Department of Transportation upon request 
made by the Secretary. 
(b) The head of any Federal department, agency, or independent 
instrumentality may detail, on a reimbursable basis, any personnel of 
such department, agency, or independent instrumentality to assist 
in carrying out the duties of the Secretary under this title. 
HEARINGS AND PRODUCTION OF DOCUMENTARY EVIDENCE 
SEC. 204. (a) For the purpose of carrying out the provisions of this 
title, the Secretary, or on the authorization of the Secretary, any officer 
or employee of the Department of Transportation may hold such hear-
ings, take such testimony, sit and act at such times and places, adminis-
ter such oaths, and require, by subpena or otherwise, tlie attendance 
and testimony of such witnesses and the production of such books, 
papers, correspondence, memorandums, contracts, agreements, or 
other records as the Secretary, or such officer or employee, deems 
advisable. 
(b) In order to carry out the provisions of this title, the Secretary 
or his duly authorized agent shall at all reasonable times have access 
to, and for the purposes of examination the right to copy, any docu-
mentary evidence of any person having materials or information rele-
vant to the study authorized by this title. 
(c) The Secretary may require, by general or special orders, any 
person to file, in such form as the Secretary may prescribe, reports or 
answers in writing to specific questions relating to any function of the 
Secretary under this title. Such reports and answers shall be made 
under oath or otherwise, and shall be filed with the Secretary within 
such reasonable period as the Secretary may prescribe. 
(d) Any.United States district court within the jurisdiction of 
Avhich an inquiry is carried on may, in the case of contumacy or refusal 
to obey a subpena or order of the Secretary or such officer or employee 
issued under subsection (a) or subsection (c) of this section, issue an 
order requiring compliance therewith; and any failure to obey such 
order of the court may be punished by such court as a contempt 
thereof. 
18 use 201. 
Personnel 
detail. 
62 Stat. 791. 
958 
PUBLIC LAW 92-513-OCT. 20, 1972 
[86 STAT. 
(e) Witnesses summoned pursuant to this section shall be paid the 
same fees and mileage that are paid witnesses in the courts of the United 
States. 
in?ormafronVd\s- 
(^) ^^7 Information which is reported to or otherwise obtained by 
closure. 
' 
the Secretary or such officer or employee under this section and which 
contains or relates to a trade secret or other matter referred to in sec-
tion 1905 of title 18 of the United States Code shall not be disclosed 
except to other officers or employees of the Federal Government for 
their use in carrying out this title. Nothing in the preceding sentence 
shall authorize the withholding of information by the Secretary (or 
any officer or employee under his control) from the duly authorized 
committees of the Congress. 
INSURANCE INFORMATION 
SEC. 205. (a) Insurers of passenger motor vehicles, or their desig-
nated agents, shall, upon request by the Secretary, make such reports 
and furnish such information as the Secretary may reasonably require 
to enable him to carry out the purposes of this title. 
(b) Such reports and information may include, but shall not be 
limited to— 
(1] accident claim data relating to the type and extent of 
physical damage and the cost of remedying the damage axicord-
ing to make, model, and model year of passenger motor vehicle, 
and 
(2) accident claim data relating to the type and extent of 
personal injury according to make, model, and model year of 
passenger motor vehicle. 
(c) In determining the reports and information to be furnished 
pursuant to subsections (a) and (b) of this section, the Secretary 
shall— 
(1) consider the cost of preparing and furnishing such reports 
and information; 
(2) consider the extent to which such reports and information 
will contribute to carrying out the purposes of this title; and 
(3) consult with such State and insurance regulatory agencies 
and other agencies and associations, both public and private, as 
he deems appropriate. 
(d) The Secretary shall, to the extent possible, obtain such reports 
and information from the insurers of passenger motor vehicles on a 
voluntary basis. 
(e) Every insurer of passenger motor vehicles shall, upon request 
by the Secretary, furnish him a description of the extent to which the 
insurance rates or premiums charged by the insurer for passenger 
motor vehicles are affected by the damage susceptibility, crashworthi-
ness, and cost of damage repair and personal injury involved relating 
to each of the various makes and models of passenger motor vehicles. 
Such insurer shall also furnish the Secretary upon request such infor-
mation as may be available to such insurer reflecting the effect of the 
damage susceptibility, crashworthiness, and cost of damage repair and 
personal injury involved relating to each of the various makes and 
models of passenger motor vehicles upon risk incurred by insuring each 
such make and model. 
(f) The Secretary Shall not, in disseminating any information 
received pursuant to this section, disclose the name of, or other identify-
ing information about, any person who may be an insured, a claimant, 
a passenger, an owner, a driver, an injured person, a witness, or other-
wise involved in ajiy motor vehicle crash or collision unless the Secre-
tary has the consent of the persons so named or otherwisei identified. 
86 STAT.] 
PUBLIC LAW 92-513-OCT. 20, 1972 
959 
(g) The information required by this section shall be furnished at 
such times and in such manner as the Secretary shall prescribe by 
regulation or otherwise. 
PROHIBITED ACT 
SEC. 206. No person shall fail or refuse (1) to furnish the Secretary 
with the data or information requested by him under this title, or (2) 
to comply with rules prescribed by the Secretary under this title. 
I N J U N C T I V E RELIEF 
SEC. 207. Upon petition by the Attorney General on behalf of the 
United States, the United States district courts shall have jurisdiction, 
for cause shown and subject to the provisions of rule 65 (a) and (b) 
of the Federal Rules of Civil Procedure, to restrain violations of sec- 
28 use app. 
tion 206. Whenever practicable, the Secretary shall give notice to any 
person against whom an action for injunctive relief is contemplated 
and afford him an opportunity to present his views and shall afford 
him reasonable opportunity to achieve compliance. The failure to give 
such notice and afford such opportunity shall not preclude the grant-
ing of appropriate relief. Paragraphs (3) and (4) of section 107(b) 
shall apply to any action under this section in the same manner as 
they apply to actions under section 107. 
CIVEL PENALTY 
SEC. 208. (a) Whoever violates section 206 shall be subject to a civil 
penalty of not to exceed $1,000 for each violation. A violation of sec-
tion 206 shall constitute a separate violation with respect to each fail-
ure or refusal to comply with a requirement thereunder; except that 
the maximum civil penalty under this subsection shall not exceed 
$400,000 for any related series of violations. 
(b) Any civil penalty under this section may be compromised by the 
Secretary. In determining the amount of such penalty, or the amount 
agreed upon in compromise, the appropriateness of such penalty to the 
size of the business of the person charged and the gravity of the viola-
tion shall be considered. The amount of such penalty, when finally 
determined, or the amount agreed upon in compromise, may be 
deducted from any sums owing by the United States to the person 
charged. 
(c) Paragraphs (3) and (4) of section 107(b) shall apply to any 
action under this section in the same manner as they apply to actions 
under section 107. 
APPROPRIATIONS AUTHORIZED 
SEC. 209. There are hereby authorized to be appropriated to carry 
out the provisions of this title $3,000,000 per fiscal year for the fiscal 
year ending June 30, 1973, and for each of the two succeeding fiscal 
years. 
TITLE III—DIAGNOSTIC INSPECTION DEMONSTRATION 
PROJECTS 
POWERS AND DUTIES 
SEC. 301. (a) The Secretary shall establish motor vehicle diagnostic 
inspection demonstration projects, inspections under which shall com-
mence not later than January 1,1974. 
(b) To carry out the program under this title, the Secretary shall— 
900 
PUBLIC LAW 92-513-OCT. 20, 1972 
[86 STAT. 
Grants to 
States. 
Limitation. 
(1) make grants in accordance with subsection (c) and furnish 
technical assistance to States; and 
(2) consult with the Administrator of the Environmental Pro-
tection Agency. 
(c)(1) Any demonstration project underthis title shall be conducted 
by, or under supervision of, a State in accordance with the application 
of the State submitted under section 303, and may provide for the per-
formance of diagnostic inspection services either by public agencies or 
by private organizations, but no person may perform diagnostic inspec-
tion services for profit under any such program. 
(2) Not less than five nor more than ten demonstration projects may 
be assisted by the Secretary under this title. No more than 50 per cen-
tum of the projects so assisted may permit diagnostic inspection serv-
ices to be performed under the project by any person who also provides 
automobile repair services or who is affiliated with, controls, is con-
trolled by, or IS under common control with, any person who provides 
automobile repair services. 
Safety and 
emission inspec-
tions. 
ELIGIBILITY AND CRITERIA 
SEC. 302. (a) A State may be eligible for grants or other assistance 
under this title if the Secretary determines on the basis of an applica-
tion by such State that such State will undertake a motor vehicle diag-
nostic inspection demonstration project which meets the requirements 
of subsection (b) of this section. 
(b) (1) A motor vehicle diagnostic inspection demonstration project 
shall be designed, established, and operated to conduct periodic safety 
inspections of motor vehicles pursuant to criteria established by the 
Secretary by regulation and emission inspections pursuant to criteria 
established by flie Secretary by regulation in consultation with the 
Administrator of the Environmental Protection Agency. 
(2) Such project shall require an additional inspection of any 
motor vehicle subject to the demonstration project (as determined by 
the Secretary)— 
(A) whenever the title to such motor vehicle is transferred to 
another person unless the transfer is for the purpose of resale; 
and 
(B) whenever such motor vehicle sustains substantial damage 
to any safety-related or emission-related system or subsystem, as 
prescribed by the Secretary. 
(3) To the greatest extent practicable, such inspections shall be 
conducted so as to provide specific technical diagnoses of each motor 
vehicle inspected in order to facilitate correction of any component 
failing inspection. 
(4) A demonstration project shall provide for reinspection of 
vehicles which initially fail to meet the safety and emission standards 
established for the project after repair. 
(5) Each project shall provide to the Secretary information and data 
relating to the development of diagnostic testing equipment designed to 
maximize the interchangeability and interface capability of test equip-
ment and vehicles, and information, and data relating to the costs 
and benefits of such projects, including information and data relating 
to vehicle-in-use standards, vehicle designs which facilitate or hinder 
41-BklE \j.B-i3i'MiB oA-i ,alib BHI^ itil)<u) iiurre.'' 
Limitation. 
86 STAT. ] 
PUBLIC L
A
W 92-513-OCT. 20, 1972 
961 
inspection and repair, the standardization of diagnostic systems and 
test equipment, the capability of the motor vehicle repair industry 
to correct diagnosed deficiencies or malfunctions and the costs of such 
repairs, the relative costs and benefits of the project, the efficiency of 
facility designs employed^ recommendations as to feasible reject levels 
which may be employed, m any such project and such other informa-
tion and data as the Secretary may require. 
APPLICATIONS AND ASSISTANCE 
SEC. 303. (a) A grant or other assistance under this title may be 
obtained upon an application by a State at such time, in such manner, 
and containing such information as the Secretary prescribes, including 
information respecting categories of expenditures by the State from 
financial assistance under this title. 
(b) Upon the approval of any such application, the Secretary may 
make a grant to the State to pay each fiscal year an amount not in 
excess of 90 per centum of those categories of expenditures for estab-
lishing and operating its project which the Secretary approves. Federal 
financial assistance under this title shall not be available with respect 
to costs of inspections carried out after June 30, 1976, under such a 
project. Any equipment purchased with Federal funds may be retained 
by a State for its inspection activities following the demonstration 
project with the approval of the Secretary. Payments under this sub-
section may be made in advance, in installments, or by way of 
reimbursement. 
AUTHORIZATION 
SEC. 304. There is authorized to be appropriated to carry out this 
title $15,000,000 for the fiscal year ending June 30, 1973; $25,000,000 
for the fiscal year ending June 30,1974; and $35,000,000 for the fiscal 
year ending June 30, 1975. Not more than 20 percent of the amount 
appropriated under this section for any fiscal year may be granted 
for projects in any one State. 
TITLE IV—ODOMETER REQUIREMENTS 
FINDINGS AND PURPOSE 
SEC. 401. The Congress hereby finds that purchasers, when buying 
motor vehicles, rely heavily on the odometer reading as an index of 
the condition and value of such vehicle; that purchasers are entitled 
to rely on the odometer reading as an accurate reflection of the mileage 
actually traveled by the vehicle; that an accurate indication of the mile-
age traveled by a motor vehicle assists the purchaser in determining 
its safety and reliability; and that motor vehicles move in the current 
of interstate and foreign commerce or affect such commerce. It is there-
fore the purpose of this title to prohibit tampering with odometers on 
motor vehicles and to establish certain safeguards for the protection of 
purchasers with respect to the sale of motor vehicles having altered 
or reset odometers. 
DEFINITIONS 
SEC. 402. As used in this title— 
(1) The term "odometer" means an instrument for measuring 
and recording the actual distance a motor vehicle travels while 
962 
PUBLIC LAW 92-513-OCT. 20, 1972 
[86 STAT. 
in operation; but shall not include any auxiliarj^ odometer 
designed to be reset by the operator of the motor vehicle for the 
purpose of recording mileage on trips. 
(2) The term "repair and replacement" means to restore to a 
sound working condition by replacing the odometer or any part 
thereof or by correcting what is inoperative. 
(3) The term "transfer" means to change ownership by pur-
chase, gift, or any other means. 
UNLAWFUL DEVICES 
SEC. 403. It is unlawful for any person to advertise for sale, to sell, to 
use, or to install or to have installed, any device which causes an odom-
^^True mileage 
g^^p ^Q register any mileage other than 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. 
UNLAWFUL CHANGE OF MILEAGE 
SEC. 404. It is unlawful for any person or his agent to disconnect, 
reset, or alter the odometer of any motor vehicle with the intent to 
ch ange the number of miles indicated thereon. 
OPERATION WITH INTENT TO DEFRAUD 
SEC. 405. It is unlawful for any person with the intent to defraud to 
operate a motor vehicle on any street or highway knowing that the 
odometer of such vehicle is disconnected or nonfunctional. 
CONSPIRACY 
SEC. 406. No person shall conspire with any other person to violate 
section 403,404,405,407, or 408. 
LAWFUL SERVICE, REPAIR, OR REPLACEMENT 
SEC. 407. Nothing in this title shall prevent the service, repair, or 
replacement of an odometer, provided the mileage indicated thereon 
remains the same as before the service, repair, or replacement. Where 
the odometer is incapable of registering the same mileage as before such 
service, repair, or replacement, the odometer shall be adjusted to read 
zero and a notice in writing shall be attached to the left door frame of 
the vehicle by the owner or his agent specifying the mileage prior to 
repair or replacement of the odometer and the date on which it was 
repaired or replaced. Any removal or alteration of such notice so affixed 
shall be unlawful. 
DISCLOSURE REQUIREMENTS 
SEO. 408. (a) Not later than 90 days after the date of enactment 
of this Act, the Secretary shall prescribe rules requiring any trans-
feror to give the following written disclosure to the transferee in 
connection with the transfer of ownership of a motor vehicle: 
(1) Disclosure of the cumulative mileage registered on the 
odometer. 
(2) Disclosure that the actual mileage is unkown, if the odom-
eter reading is known to the transferor to be different from the 
number of miles the vehicle has actually traveled. 
86 
STAT.] 
PUBLIC LAW 92-513-OCT. 20, 1972 
963 
Such rules shall prescribe the manner in which information shall 
be disclosed under this section and in which such information shall 
be retained. 
(b) It shall be a violation of this section for any transferor to 
violate any rules under this section or to knowingly give a false state-
ment to a transferee in making any disclosure required by such rules. 
False statement. 
PRIVATE CIVIL ACTION 
SEC. 409. (a) Any person who, with intent to defraud, violates 
any requirement imposed under this title shall be liable in an amount 
equal to the sum of— 
(1) three times the amount of actual damages sustained or 
$1,500, whichever is the greater; and 
(2) in the case of any successful action to enforce the fore-
going liability, the costs of the action together with reasonable 
attorney fees as determined by the court. 
(b) An action to enforce any liability created under subsection (a) 
of this section, may be brought in a United States district court 
without regard to the amount m controversy, or in any other court of 
competent jurisdiction, within two years from the date on which the 
liability arises. 
INJUNCTIVE ENFORCEMENT 
SEC. 410. (a) Upon petition by the Attorney General on behalf 
of the United States, the United States district courts shall have 
jurisdiction, for cause shown and subject to the provisions of rule 
65 (a] and (b) of the Federal Rules of Civil Procedure, to restrain 
violations of this title. Whenever practicable, the Secretary shall give 
notice to any person against whom an action for injunctive relief is 
contemplated and afford him an opportunity to present his views. 
The failure to give such notice and afford such opportunity shall not 
preclude the granting of appropriate relief. 
(b) Paragraphs (3) and (4) of section 107(b) shall applj^ to actions 
under this section in the same manner as they apply to actions under 
section 107. 
EFFECT ON STATE LAW 
SEC. 411. This title does n o t ^ 
(1) annul, alter, or affect the laws of any State with respect 
to the disconnecting, altering, or tampering with odometers with 
the intent to defraud, or 
(2) exempt any person subject to the provisions of this title 
from complying with such laws, 
excej>t to the extent that those laws are inconsistent with any provision 
of this title, and then only to the extent of the inconsistency. 
EFFECTIVE DATE 
SEC. 412. This title (other than section 408(a)) shall take effect 
ninety calendar days following the date of enactment of this Act. Sec-
tion 408(a) shall take effect on the date of enactment of this Act. 
Statute of limi-
tation. 
28 u s e app. 
Notice, hearing 
opportunity. 
REPORT 
SEC. 413. One year after the date of enactment of this Act, the Sec-
retarjr shall report to the Congress and to the President on the extent 
to which the reliability of odometers can be improved, on the technical 
feasibility of producing odometers which are tamper proof, and on the 
Secretary's plans and recommendations for future action. 
Approved October 20, 1972.