49 U.S.C. § 33106 — Exemption for passenger motor vehicles

Page 988 TITLE 49—TRANSPORTATION § 33106 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33105 .......... 15:2024. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 604; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2758. In subsection (a)(1) and (2), the words ‘‘compliance costs’’ are substituted for ‘‘costs . . . to comply with such standard’’ to eliminate unnecessary words. In clause (2), the words ‘‘reasonable amount (but less than $15)’’ are substituted for ‘‘reasonable lesser amount’’ for clarity. In subsection (c)(2), the words ‘‘commencing on or after January 1, 1985’’ are omitted as obsolete. § 33106. Exemption for passenger motor vehicles equipped with anti-theft devices (a) DEFINITIONS.—In this section— (1) ‘‘anti-theft device’’ means a device to re- duce or deter theft that— (A) is in addition to the theft-deterrent de- vices required by motor vehicle safety stand- ard numbered 114 in section 571.114 of title 49, Code of Federal Regulations; (B) the manufacturer believes will be effec- tive in reducing or deterring theft of motor vehicles; and (C) does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses. (2) ‘‘standard equipment’’ means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first pur- chaser customarily has the option to have in- stalled. (b) GRANTING EXEMPTIONS AND LIMITATIONS.— (1) A manufacturer may petition the Secretary of Transportation for an exemption from a re- quirement of a standard prescribed under sec- tion 33102 or 33103 of this title for a line of pas- senger motor vehicles equipped as standard equipment with an anti-theft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard. (2) The Secretary may grant an exemption— (A) for model year 1987, for not more than 2 lines of a manufacturer; (B) for each of the model years 1988–1996, for not more than 2 additional lines of a manufac- turer; (C) for each of the model years 1997–2000, for not more than one additional line of a manu- facturer; and (D) for each of the model years after model year 2000, for the number of lines that the At- torney General decides under section 33103(d)(3) of this title. (3) An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted. (c) PETITIONING PROCEDURE.—A petition must be filed not later than 8 months before the start of production for the first model year covered by the petition. The petition must include— (1) a detailed description of the device; (2) the reasons for the manufacturer’s con- clusion that the device will be effective in re- ducing and deterring theft of motor vehicles; and (3) additional information the Secretary rea- sonably may require to make the decision de- scribed in subsection (b)(1) of this section. (d) DECISIONS AND APPROVALS.—The Secretary shall make a decision about a petition filed under this section not later than 120 days after the date the petition is filed. A decision approv- ing a petition must be based on substantial evi- dence. The Secretary may approve a petition in whole or in part. If the Secretary does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manu- facturer shall be exempt from the standard for the line covered by the petition for the subse- quent model year. (e) RESCISSIONS.—The Secretary may rescind an exemption if the Secretary decides that the anti-theft device has not been as effective in re- ducing and deterring motor vehicle theft as compliance with the standard. A rescission may be effective only— (1) for a model year after the model year in which the rescission occurs; and (2) at least 6 months after the manufacturer receives written notice of the rescission from the Secretary. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1082; Pub. L. 103–429, § 6(45), Oct. 31, 1994, 108 Stat. 4383.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 33106(a)(1) .. 15:2025(e). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(1), (3), (b)–(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759. 33106(a)(2) .. 15:2025(a)(3). 33106(b) ...... 15:2025(a)(1), (2). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759; Oct. 25, 1992, Pub. L. 102–519, § 304, 106 Stat. 3396. 33106(c) ...... 15:2025(b). 33106(d) ...... 15:2025(c). 33106(e) ...... 15:2025(d). In subsection (b)(1), the words ‘‘the application of any of’’ are omitted as surplus. The words ‘‘or lines’’ are omitted because of 1:1. In subsection (b)(2)(A), the words ‘‘for model year 1987’’ are substituted for ‘‘For the initial model year to which such standard applies’’ for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words ‘‘that the At- torney General decides’’ are substituted for ‘‘for which the Secretary may grant such an exemption (if any) shall be determined’’ for clarity and because of the re- statement. In subsection (d), the words ‘‘for the line covered by the petition’’ are added for clarity. Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words. PUB. L. 103–429 This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1082). Page 989 TITLE 49—TRANSPORTATION § 33108 Editorial Notes AMENDMENTS 1994—Subsec. (b)(3). Pub. L. 103–429 substituted ‘‘para- graph (2)(B) or (C) of this subsection’’ for ‘‘subpara- graph (2)(B) or (C) of this paragraph’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 33107. Voluntary vehicle identification stand- ards (a) ELECTION TO INSCRIBE OR AFFIX IDENTI- FYING MARKS.—The Secretary of Transportation by regulation may prescribe a vehicle theft pre- vention standard under which a person may elect to inscribe or affix an identifying number or symbol on major parts of a motor vehicle manufactured or owned by the person for pur- poses of section 511 of title 18 and related provi- sions. The standard may include provisions for registration of the identification with the Sec- retary or a person designated by the Secretary. (b) STANDARD REQUIREMENTS.—The standard under this section shall be practicable and pro- vide relevant objective criteria. (c) VOLUNTARY COMPLIANCE.—Compliance with the standard under this section is voluntary. Failure to comply does not subject a person to a penalty or enforcement under this chapter. (d) COMPLIANCE WITH OTHER STANDARDS.— Compliance with the standard under this section does not relieve a manufacturer from a require- ment of a standard prescribed under section 33102 or 33103 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1083.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33107 .......... 15:2033. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 616; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2765; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. § 33108. Monitoring compliance of manufacturers (a) RECORDS, REPORTS, INFORMATION, AND IN- SPECTION.—To enable the Secretary of Transpor- tation to decide whether a manufacturer of motor vehicles containing a part subject to a standard prescribed under section 33102 or 33103 of this title, or a manufacturer of major replace- ment parts subject to the standard, is complying with this chapter and the standard, the Sec- retary may require the manufacturer to— (1) keep records; (2) make reports; (3) provide items and information; and (4) allow an officer or employee designated by the Secretary to inspect the vehicles and parts and relevant records of the manufac- turer. (b) ENTRY AND INSPECTION.—To enforce this chapter, an officer or employee designated by the Secretary, on presenting appropriate creden- tials and a written notice to the owner, oper- ator, or agent in charge, may inspect a facility in which motor vehicles containing major parts subject to the standard, or major replacement parts subject to the standard, are manufactured, held for introduction into interstate commerce, or held for sale after introduction into inter- state commerce. An inspection shall be con- ducted at a reasonable time, in a reasonable way, and with reasonable promptness. (c) CERTIFICATION OF COMPLIANCE.—(1) A man- ufacturer of a motor vehicle subject to the standard, and a manufacturer of a major re- placement part subject to the standard, shall provide at the time of delivery of the vehicle or part a certification that the vehicle or part con- forms to the applicable motor vehicle theft pre- vention standard. The certification shall accom- pany the vehicle or part until its delivery to the first purchaser. The Secretary by regulation may prescribe the type and form of the certifi- cation. (2) This subsection does not apply to a motor vehicle or major replacement part that is— (A) intended only for export; (B) labeled only for export on the vehicle or replacement part and the outside of any con- tainer until exported; and (C) exported. (d) NOTIFICATION OF ERROR.—A manufacturer shall notify the Secretary if the manufacturer discovers that— (1) there is an error in the identification (re- quired by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major re- placement part manufactured by the manufac- turer; and (2) the motor vehicle or major replacement part has entered interstate commerce. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1083.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33108(a) ...... 15:2026(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 606; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2760. 33108(b) ...... 15:2026(b). 33108(c) ...... 15:2026(c). 33108(d) ...... 15:2026(d). In subsection (a), before clause (1), the words ‘‘is com- plying’’ are substituted for ‘‘has acted or is acting in compliance’’ and ‘‘determining whether such manufac- turer has acted or is acting in compliance’’ to elimi- nate unnecessary words. The word ‘‘reasonably’’ is omitted as surplus. In clause (1), the word ‘‘keep’’ is substituted for ‘‘establish and maintain’’ for consist- ency in the revised title and to eliminate unnecessary words. In clause (4), the words ‘‘upon request’’, ‘‘duly’’, and ‘‘such manufacturer shall make available all such items and information in accordance with such reason- able rules as the Secretary may prescribe’’ are omitted as surplus. In subsection (b), the words ‘‘duly’’ and ‘‘enter and’’ are omitted as surplus. In subsection (c)(2)(B), the words ‘‘or tagged’’ and ‘‘if any’’ are omitted as surplus. Subsection (d) is substituted for 15:2026(d) for clarity.