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49 U.S.C. § 30141 — Importing motor vehicles capable of complying with standards

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30141 — Importing motor vehicles capable of complying with standards

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Stable record: federal_law:legal_authorities:record_usc_a183ba116c965e2dce6faee6
Source file: Laws/federal/codes/united-states-code/title-49/section-30141-importing-motor-vehicles-capable-of-complying-with-standards--be7e530f13.md
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Source location: Title 49, Chapter 301, § 30141; chapter-301-motor-vehicle-safety.md

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**(a) General.—** [Section 30112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a&num=0&edition=prelim) does not apply to a motor vehicle if— (1) on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under subsection (c) of this section, the Secretary decides— (A) the vehicle is— (i) substantially similar to a motor vehicle originally manufactured for import into and sale in the United States; (ii) certified under [section 30115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30115&num=0&edition=prelim); (iii) the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and (iv) capable of being readily altered to comply with applicable motor vehicle safety standards prescribed under this chapter; or (B) if there is no substantially similar United States motor vehicle, the safety features of the vehicle comply with or are capable of being altered to comply with those standards based on destructive test information or other evidence the Secretary of Transportation decides is adequate; (2) the vehicle is imported by a registered importer; and (3) the registered importer pays the annual fee the Secretary of Transportation establishes under subsection (e) of this section to pay for the costs of carrying out the registration program for importers under subsection (c) of this section and any other fees the Secretary of Transportation establishes to pay for the costs of— (A) processing bonds provided to the Secretary of the Treasury under subsection (d) of this section; and (B) making the decisions under this subchapter. **(b) Procedures on Deciding on Motor Vehicle Capability.—** (1) The Secretary of Transportation shall establish by regulation procedures for making a decision under subsection (a)(1) of this section and the information a petitioner must provide to show clearly that the motor vehicle is capable of being brought into compliance with applicable motor vehicle safety standards prescribed under this chapter. In establishing the procedures, the Secretary shall provide for a minimum period of public notice and written comment consistent with ensuring expeditious, but complete, consideration and avoiding delay by any person. In making a decision under those procedures, the Secretary shall consider test information and other information available to the Secretary, including any information provided by the manufacturer. If the Secretary makes a negative decision, the Secretary may not make another decision for the same model until at least 3 calendar months have elapsed after the negative decision. (2) The Secretary of Transportation shall publish each year in the Federal Register a list of all decisions made under subsection (a)(1) of this section. Each published decision applies to the model of the motor vehicle for which the decision was made. A positive decision permits another importer registered under subsection (c) of this section to import a vehicle of the same model under this section if the importer complies with all the terms of the decision. **(c) Registration.—** (1) The Secretary of Transportation shall establish procedures for registering a person who complies with requirements prescribed by the Secretary by regulation under this subsection, including— (A) recordkeeping requirements; (B) inspection of records and facilities related to motor vehicles the person has imported, altered, or both; and (C) requirements that ensure that the importer (or a successor in interest) will be able technically and financially to carry out responsibilities under sections 30117(b), 30118–30121, and 30166(f) of this title. (2) The Secretary of Transportation shall deny registration to a person whose registration is revoked under paragraph (4) of this subsection. (3) The Secretary of Transportation may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph (4) of this subsection. (4) The Secretary of Transportation shall establish procedures for— (A) revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of sections 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this subchapter or any of those sections; (B) automatically suspending a registration for not paying a fee under subsection (a)(3) of this section in a timely manner or for knowingly filing a false or misleading certification under [section 30146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30146&num=0&edition=prelim); and (C) reinstating suspended registrations. **(d) Bonds.—** (1) A person importing a motor vehicle under this section shall provide a bond to the Secretary of the Treasury (acting for the Secretary of Transportation) and comply with the terms the Secretary of Transportation decides are appropriate to ensure that the vehicle— (A) will comply with applicable motor vehicle safety standards prescribed under this chapter within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or (B) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government. (2) The amount of the bond provided under this subsection shall be at least equal to the dutiable value of the motor vehicle (as determined by the Secretary of the Treasury) but not more than 150 percent of that value. **(e) Fee Review, Adjustment, and Use.—** The Secretary of Transportation shall review and make appropriate adjustments at least every 2 years in the amounts of the fees required to be paid under subsection (a)(3) of this section. The Secretary of Transportation shall establish the fees for each fiscal year before the beginning of that year. All fees collected remain available until expended without fiscal year limit to the extent provided in advance by appropriation laws. The amounts are only for use by the Secretary of Transportation— (1) in carrying out this section and sections 30146(a)–(c)(1), (d), and (e) and 30147(b) of this title; and (2) in advancing to the Secretary of the Treasury amounts for costs incurred under this section and [section 30146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30146&num=0&edition=prelim) to reimburse the Secretary of the Treasury for those costs.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30146 — Release of motor vehicles and bonds

**(a) Compliance Certification and Bond.—** (1) Except as provided in subsections (c) and (d) of this section, an importer registered under [section 30141(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141/c&num=0&edition=prelim) may license or register an imported motor vehicle for use on public streets, roads, or highways, or release custody of a motor vehicle imported by the registered importer or imported by an individual under [section 30142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30142&num=0&edition=prelim) and altered by the registered importer to meet applicable motor vehicle safety standards prescribed under this chapter to a person for license or registration for use on public streets, roads, or highways, only after 30 days after the registered importer certifies to the Secretary of Transportation, in the way the Secretary prescribes, that the motor vehicle complies with each standard prescribed in the year the vehicle was manufactured and that applies in that year to that vehicle. A vehicle may not be released if the Secretary gives written notice before the end of the 30-day period that the Secretary will inspect the vehicle under subsection (c) of this section. (2) The Secretaries of Transportation and the Treasury shall prescribe regulations— (A) ensuring the release of a motor vehicle and bond required under [section 30141(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141/d&num=0&edition=prelim) at the end of the 30-day period, unless the Secretary of Transportation issues a notice of an inspection under subsection (c) of this section; and (B) providing that the Secretary of Transportation shall rele

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30146

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30115 — Certification of compliance

**(a) In General.—** A manufacturer or distributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor vehicle safety standards prescribed under this chapter. A person may not issue the certificate if, in exercising reasonable care, the person has reason to know the certificate is false or misleading in a material respect. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. Certification of equipment may be shown by a label or tag on the equipment or on the outside of the container in which the equipment is delivered. **(b) Certification Label.—** In the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with respect to each applicable Federal motor vehicle safety standard— (1) that it has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or (2) that it has elected to assume responsibility for compliance with that standard. If the intermediate or final stage manufacturer elects to assume responsibility for compliance with the standard covered by the documentation provided by an incomplete motor vehicle manufacturer, the intermediate or final stage manufacturer shall notify the incomplete motor vehicle manufacturer in writing within a reasonable time of affixing the certification label. A violation of this subsection shall not be subject to a civil penalty under section 30165.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 30115

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 321 — Definitions

In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7525 — Motor vehicle and motor vehicle engine compliance testing and certification

**(a) Testing and issuance of certificate of conformity** (1) The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim). If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe. In the case of any original equipment manufacturer (as defined by the Administrator in regulations promulgated before November 15, 1990) of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed 300, the Administrator shall not require, for purposes of determining compliance with regulations under [section 7521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521&num=0&edition=prelim) for the useful life of the vehicle or engine, operation of any vehicle or engine manufactured during such model year for more than 5,000 miles or 160 hours, respectively, unless the Administrator, by regulation, prescribes otherwise. The Administrator shall apply any adjustment factors that the Administrator deems appropriate to assure that each vehicle or engine will comply during its useful life (as determined under [section 7521(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7521/d&num=0&edition=prelim)) with the regulations prescribed under [section 7521 of this t

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7525

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30112 — Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment

**(a) General.—** (1) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under [section 30115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30115&num=0&edition=prelim). (2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph. (3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the vehicle or equipment contains a defect related to motor vehicle safety about which notice was given unde

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30114 — Special exemptions

**(a) 11 So in original. Probably should be “(a)”. Vehicles Used for Particular Purposes.22 So in original. Probably should be followed by a dash. The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from [section 30112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a&num=0&edition=prelim) on terms the Secretary decides are necessary for research, investigations, demonstrations, training, competitive racing events, show, or display.** **(b) Exemption for Low-volume Manufacturers.—** (1) **In general.—** — The Secretary shall— (A) exempt from [section 30112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30112/a&num=0&edition=prelim) not more than 325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer; and (B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment. (2) **Registration requirement.—** — To qualify for an exemption under paragraph (1), a low-volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall establish terms that ensure that no person may register as a low-volume manufacturer if the person is registered as an importer under [section 30141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141&num=0&edition=prelim). (3) **Permanent label requirement.—** (A) *In general.—* — The Secretary shall require a low-volume manufacturer to affix a permanent label to a motor vehicle exempte

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 30141 — Importing motor vehicles capable of

Page 789 TITLE 49—TRANSPORTATION § 30141 (B) a lane departure warning and lane- keeping assist system that— (i) warns the driver to maintain the lane of travel; and (ii) corrects the course of travel if the driver fails to do so. (b) COMPLIANCE DATE.—The Secretary of Transportation shall determine the appropriate effective date, and any phasing-in of require- ments, of the final rule promulgated pursuant to subsection (a). (Added Pub. L. 117–58, div. B, title IV, § 24208(a), Nov. 15, 2021, 135 Stat. 823.) SUBCHAPTER III—IMPORTING NONCOM- PLYING MOTOR VEHICLES AND EQUIP- MENT § 30141. Importing motor vehicles capable of complying with standards (a) GENERAL.—Section 30112(a) of this title does not apply to a motor vehicle if— (1) on the initiative of the Secretary of Transportation or on petition of a manufac- turer or importer registered under subsection (c) of this section, the Secretary decides— (A) the vehicle is— (i) substantially similar to a motor vehi- cle originally manufactured for import into and sale in the United States; (ii) certified under section 30115 of this title; (iii) the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and (iv) capable of being readily altered to comply with applicable motor vehicle safe- ty standards prescribed under this chapter; or (B) if there is no substantially similar United States motor vehicle, the safety fea- tures of the vehicle comply with or are capa- ble of being altered to comply with those standards based on destructive test informa- tion or other evidence the Secretary of Transportation decides is adequate; (2) the vehicle is imported by a registered importer; and (3) the registered importer p

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 30141

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