49 U.S.C. § 30103 — Relationship to other laws

Page 753 TITLE 49—TRANSPORTATION § 30103 omitted as surplus. In clause (11), the word ‘‘Federal’’ is omitted as surplus. The words ‘‘of the Common- wealth of Puerto Rico’’ are omitted as unnecessary be- cause the district court of Puerto Rico is a district court of the United States under 28:119. In subsection (b)(1), before clause (A), the words ‘‘The term’’ and ‘‘the term’’ are omitted as surplus. In clause (B), the words ‘‘of a motor vehicle or motor vehicle equipment’’ are added for clarity. In clause (E), the words ‘‘to be’’ are added for consistency. The words ‘‘marketed under such brand name’’ are omitted as sur- plus. In clause (F), the words ‘‘a motor vehicle safety standard prescribed under this chapter’’ are added for clarity and consistency. The word ‘‘noncompliance’’ is substituted for ‘‘failure to comply’’ for consistency in the chapter. In clause (G), the words ‘‘(rather than the manufacturer of such equipment)’’ are omitted as sur- plus. The words ‘‘deemed to be’’ are substituted for ‘‘considered’’ for consistency. In clause (H), the words ‘‘which have been’’ are omitted as surplus. Subsection (b)(2) is substituted for ‘‘Except as other- wise provided in regulations of the Secretary’’ for clar- ity and because of the restatement. Editorial Notes AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–94, § 24109(b)(3), added par. (1). Former par. (1) redesignated (2). Subsec. (a)(2) to (10). Pub. L. 114–94, § 24109(b)(2), re- designated pars. (1) to (9) as (2) to (10), respectively. Former par. (10) redesignated (12). Subsec. (a)(11). Pub. L. 114–94, § 24109(b)(4), added par. (11). Former par. (11) redesignated (13). Subsec. (a)(12), (13). Pub. L. 114–94, § 24109(b)(1), redes- ignated pars. (10) and (11) as (12) and (13), respectively. 2012—Subsec. (a)(7)(C). Pub. L. 112–141 amended sub- par. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, in- jury, or death.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. B, title XXIV, § 24109(k), Dec. 4, 2015, 129 Stat. 1709, provided that: ‘‘The amendments made by this section [amending this section and sec- tions 30120, 30122, and 30166 of this title] shall take ef- fect on the date that is 180 days after the date of enact- ment of this Act [Dec. 4, 2015].’’ EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. RULE OF CONSTRUCTION Pub. L. 114–94, div. B, title XXIV, § 24109(i), Dec. 4, 2015, 129 Stat. 1708, provided that: ‘‘Nothing in this sec- tion [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] or the amendments made by this section— ‘‘(1) may be construed to create or increase any li- ability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 of title 49, United States Code; or ‘‘(2) shall supersede or otherwise affect the contrac- tual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code).’’ RULEMAKING Pub. L. 114–94, div. B, title XXIV, § 24109(j), Dec. 4, 2015, 129 Stat. 1708, provided that: ‘‘The Secretary [probably means Secretary of Transportation] may pro- mulgate rules, as appropriate, to implement this sec- tion [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] and the amendments made by this section.’’ LOW-SPEED ELECTRIC BICYCLES Pub. L. 107–319, § 2, Dec. 4, 2002, 116 Stat. 2776, provided that: ‘‘For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as de- fined in section 38(b) of the Consumer Product Safety Act [15 U.S.C. 2085(b)]) shall not be considered a motor vehicle as defined by section 30102[(a)](6) [now 30102(a)(7)] of title 49, United States Code.’’ § 30103. Relationship to other laws (a) UNIFORMITY OF REGULATIONS.—The Sec- retary of Transportation may not prescribe a safety regulation related to a motor vehicle sub- ject to subchapter I of chapter 135 of this title that differs from a motor vehicle safety stand- ard prescribed under this chapter. However, the Secretary may prescribe, for a motor vehicle op- erated by a carrier subject to subchapter I of chapter 135, a safety regulation that imposes a higher standard of performance after manufac- ture than that required by an applicable stand- ard in effect at the time of manufacture. (b) PREEMPTION.—(1) When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard appli- cable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard pre- scribed under this chapter. However, the United States Government, a State, or a political sub- division of a State may prescribe a standard for a motor vehicle or motor vehicle equipment ob- tained for its own use that imposes a higher per- formance requirement than that required by the otherwise applicable standard under this chap- ter. (2) A State may enforce a standard that is identical to a standard prescribed under this chapter. (c) ANTITRUST LAWS.—This chapter does not— (1) exempt from the antitrust laws conduct that is unlawful under those laws; or (2) prohibit under the antitrust laws conduct that is lawful under those laws. (d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) of this title do not establish or affect a warranty obli- gation under a law of the United States or a State. A remedy under those sections and sec- tions 30161 and 30162 of this title is in addition to other rights and remedies under other laws of the United States or a State. (e) COMMON LAW LIABILITY.—Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 943; Pub. L. 104–88, title III, § 308(j), Dec. 29, 1995, 109 Stat. 947.) Page 754 TITLE 49—TRANSPORTATION § 30104 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30103(a) ...... 15:1392(g). Sept. 9, 1966, Pub. L. 89–563, §§ 103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727. 30103(b) ...... 15:1392(d). Sept. 9, 1966, Pub. L. 89–563, § 103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97–331, § 3, 96 Stat. 1619. 30103(c) ...... 15:1405. 30103(d) ...... 15:1394(a)(6). 15:1410a(e). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 124(e), 160; added Oct. 27, 1974, Pub. L. 93–492, §§ 102(a), 106, 88 Stat. 1477, 1481. 15:1420. 30103(e) ...... 15:1397(k). Sept. 9, 1966, Pub. L. 89–563, § 108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818. In subsection (a), the words ‘‘or the Transportation of Explosives Act, as amended (18 U.S.C. 831–835)’’ are omitted as obsolete because 18:831–835 have been re- pealed. The word ‘‘prescribe’’ is substituted for ‘‘adopt’’ for consistency. The words ‘‘or continue in effect’’ and ‘‘In prescribing safety regulations’’ are omitted as sur- plus. The word ‘‘prescribed’’ is substituted for ‘‘issued’’ for consistency. The words ‘‘to comply’’ and ‘‘Federal’’ are omitted as surplus. The words ‘‘in effect’’ are added for clarity. In subsection (b)(1), the word ‘‘Federal’’ is omitted as surplus. The word ‘‘prescribe’’ is substituted for ‘‘either to establish, or to continue in effect’’ for consistency and to eliminate unnecessary words. The words ‘‘stand- ard prescribed under this chapter’’ are substituted for ‘‘Federal standard’’ for clarity. The words ‘‘However, the United States . . . may prescribe’’ are substituted for ‘‘Nothing in this section shall be construed to pre- vent the Federal . . . from establishing’’ for consist- ency. The words ‘‘of a State’’ are substituted for ‘‘thereof’’ for clarity. The word ‘‘standard’’ is sub- stituted for ‘‘safety requirement’’ for consistency. The words ‘‘performance requirement’’ are substituted for ‘‘standard of performance’’ to avoid using ‘‘standard’’ in 2 different ways. Subsection (b)(2) is substituted for 15:1392(d) (2d sen- tence) for consistency and to eliminate unnecessary words. In subsection (c), the words ‘‘be deemed to’’ and ‘‘of the United States’’ are omitted as surplus. In subsection (d), the words ‘‘United States’’ are sub- stituted for ‘‘Federal’’ in 15:1420 for consistency. The words ‘‘Consumer’’ in 15:1420, ‘‘not in lieu of’’ in 15:1410a(e) and 1420, and ‘‘not in substitution for’’ in 15:1394(a)(6) are omitted as surplus. The word ‘‘other’’ is added for clarity. Editorial Notes AMENDMENTS 1995—Subsec. (a). Pub. L. 104–88 substituted ‘‘sub- chapter I of chapter 135’’ for ‘‘subchapter II of chapter 105’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title. § 30104. Authorization of appropriations There is authorized to be appropriated to the Secretary $98,313,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 944; Pub. L. 105–178, title VII, § 7102(a), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, § 1(a), July 28, 1999, 113 Stat. 206.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30104 .......... 15:1392 (note). Dec. 18, 1991, Pub. L. 102–240, § 2501(a), 105 Stat. 2081. In this section, before clause (1), the words ‘‘to the Secretary of Transportation for the National Highway Traffic Safety Administration’’ are substituted for ‘‘For the National Highway Traffic Safety Administra- tion’’ for clarity and consistency in the revised title and with other titles of the United States Code. The reference to fiscal year 1992 is omitted as obsolete. Editorial Notes AMENDMENTS 1999—Pub. L. 106–39 substituted ‘‘$98,313,500’’ for ‘‘$81,200,000’’. 1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘The following amounts may be appropriated to the Secretary of Transportation for the National Highway Traffic Safe- ty Administration to carry out this chapter: ‘‘(1) $71,333,436 for the fiscal year ending September 30, 1993. ‘‘(2) $74,044,106 for the fiscal year ending September 30, 1994. ‘‘(3) $76,857,782 for the fiscal year ending September 30, 1995.’’ § 30105. Restriction on lobbying activities (a) IN GENERAL.—No funds appropriated to the Secretary for the National Highway Traffic Safety Administration shall be available for any activity specifically designed to urge a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending be- fore any State or local legislative body. (b) APPEARANCE AS WITNESS NOT BARRED.— Subsection (a) does not prohibit officers or em- ployees of the United States from testifying be- fore any State or local legislative body in re- sponse to the invitation of any member of that legislative body or a State executive office. (Added and amended Pub. L. 105–178, title VII, § 7104(a), (c), June 9, 1998, 112 Stat. 466; Pub. L. 105–206, title IX, § 9012(a), July 22, 1998, 112 Stat. 864.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–178, § 7104(c), as added by Pub. L. 105–206, inserted ‘‘for the National Highway Traffic Safety Administration’’ after ‘‘Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.