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49 U.S.C. § 30147 — Responsibility for defects and noncompliance
Federal law — U.S. Code and appendices · legal_authorities
**(a) Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.—**
(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title—
(A) for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under [section 30146(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30146/a/1&num=0&edition=prelim) and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or 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) demonstrates otherwise to the Secretary of Transportation; and
(B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under [section 30142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30142&num=0&edition=prelim).
(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.
**(b) Financial Responsibility Requirement.—** The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.
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Source location: Title 49, Chapter 301, § 30147; chapter-301-motor-vehicle-safety.md
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**(a) Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.—**
(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title—
(A) for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under [section 30146(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30146/a/1&num=0&edition=prelim) and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or 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) demonstrates otherwise to the Secretary of Transportation; and
(B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under [section 30142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30142&num=0&edition=prelim).
(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.
**(b) Financial Responsibility Requirement.—** The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 an imported motor vehicle if—
(1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections 30143 and 30144 of this title);
(2) the vehicle is imported after January 31, 1990; and
(3) the individual takes the actions required under subsection (b) of this section to receive an exemption.
**(b) Exemptions.—**
(1) To receive an exemption under subsection (a) of this section, an individual must—
(A) provide the Secretary of the Treasury (acting for the Secretary of Transportation) with—
(i) an appropriate bond in an amount determined under [section 30141(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section30141/d&num=0&edition=prelim);
(ii) a copy of an agreement with 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) for bringing the motor vehicle into compliance with applicable motor vehicle safety standards prescribed under this chapter; and
(iii) a certification that the vehicle meets the requirement of section 30141(a)(1)(A) or (B) of this title; and
(B) comply with appropriate terms the Secretary of Transportation imposes to ensure that the vehicle—
(i) will be brought into compliance with those standards within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or
(ii) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government.
(
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Federal law — U.S. Code and appendices · legal_authorities
Page 793
TITLE 49—TRANSPORTATION
§ 30161
1 So in original. Probably should be ‘‘misrepresentation.’’
standards prescribed under this chapter for
which the inspection was made; and
(B) release of the vehicle by the Secretary.
(2) The Secretary of Transportation shall in-
spect periodically a representative number of
motor vehicles for which certifications have
been filed under subsection (a)(1) of this section.
In carrying out a motor vehicle testing program
under this chapter, the Secretary shall include a
representative number of motor vehicles for
which certifications have been filed under sub-
section (a)(1).
(d) CHALLENGING THE CERTIFICATION.—A motor
vehicle or bond may not be released under sub-
section (a) of this section if the Secretary of
Transportation, not later than 30 days after re-
ceiving a certification under subsection (a)(1) of
this section, gives written notice that the Sec-
retary believes or has reason to believe that the
certification
is
false
or
contains
a
mispresentation.1 The vehicle and bond may be
released only after the Secretary is satisfied
with the certification and any modification of
the certification.
(e) BOND RELEASE.—A release of a bond re-
quired under section 30141(d) of this title is
deemed an acceptance of a certification or com-
pletion of an inspection under this section but is
not a decision by the Secretary of Transpor-
tation under section 30118(a) or (b) of this title
of compliance with applicable motor vehicle
safety standards prescribed under this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 964.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30146(a) ......
15:1397(c)(3)(E)(i)
(1st, 3d, last sen-
tences), (vii).
Sept. 9, 1966, Pu
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 30147
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.