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

Page 766 TITLE 49—TRANSPORTATION § 30114 1 So in original. Probably should be ‘‘(a)’’. 2 So in original. Probably should be followed by a dash. In subsection (c), before clause (1), the words ‘‘the fol- lowing information’’ are added for clarity. In clause (1), the word ‘‘describing’’ is substituted for ‘‘the basis of showing’’ to eliminate unnecessary words. The words ‘‘each motor vehicle safety standard prescribed under this chapter from which the manufacturer is requesting an exemption’’ are substituted for ‘‘the standards’’ for clarity. In clauses (2) and (3), the words ‘‘a record’’ are substituted for ‘‘documentation’’ for consistency in the revised title. In clause (2), the words ‘‘establishing that the safety level of the feature at least equals the safety level of the standard’’ are substituted for ‘‘establishing that the level of safety of the new safety feature is equivalent to or exceeds the level of safety established in the standard from which the exemption is sought’’ because of the restatement. In clause (3), the word ‘‘level’’ is added, and the words ‘‘lowered . . . by exemp- tion from the standard’’ are substituted for ‘‘de- graded’’, for consistency in this section. In clause (4), the words ‘‘at least equal to’’ are substituted for ‘‘equivalent to or exceeding’’ for consistency. In subsection (f), the text of 15:1410(f) (1st sentence) is omitted as executed. The words ‘‘under this section all’’ and ‘‘other information’’ are omitted as surplus. The words ‘‘to the application’’ are substituted for ‘‘thereto’’ for clarity. The words ‘‘business’’ and ‘‘for exemption’’ are omitted as surplus. In subsection (g), the words ‘‘The Secretary’’ are added for clarity. The word ‘‘temporary’’ is omitted as surplus. The words ‘‘under this section’’ are added for clarity. In subsection (h), the words ‘‘a . . . label to be fixed to a motor vehicle granted an exemption under this section’’ are substituted for ‘‘labeling of each exempted motor vehicle . . . and be affixed to such exempted ve- hicles’’ for clarity. The words ‘‘of such exempted motor vehicle in such manner as he deems’’ are omitted as surplus. The words ‘‘motor vehicle safety standard pre- scribed under this chapter’’ are substituted for ‘‘the standards’’ for clarity and consistency in this chapter. Editorial Notes AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–277, § 101(g) [title III, § 351(a)(1)(A)], inserted ‘‘or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,’’ after ‘‘a motor vehicle safety standard pre- scribed under this chapter’’. Subsec. (b)(3)(A). Pub. L. 105–277, § 101(g) [title III, § 351(a)(1)(B)], inserted ‘‘or chapter 325 of this title (as applicable)’’ after ‘‘this chapter’’. Subsec. (c)(1). Pub. L. 105–277, § 101(g) [title III, § 351(a)(2)], inserted ‘‘, or a bumper standard prescribed under chapter 325 of this title,’’ after ‘‘motor vehicle safety standard prescribed under this chapter’’. Subsec. (d). Pub. L. 105–277, § 101(g) [title III, § 351(a)(3)], inserted ‘‘(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard re- ferred to in subsection (b)(1))’’ after ‘‘subsection (b)(3)(B)(i) of this section’’. Subsec. (h). Pub. L. 105–277, § 101(g) [title III, § 351(a)(4)], inserted ‘‘or bumper standard prescribed under chapter 325 of this title’’ after ‘‘each motor vehi- cle safety standard prescribed under this chapter’’. § 30114. Special exemptions (A) 1 VEHICLES USED FOR PARTICULAR PUR- POSES.2 The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this title on terms the Secretary decides are necessary for research, investigations, demonstrations, train- ing, competitive racing events, show, or display. (b) EXEMPTION FOR LOW-VOLUME MANUFACTUR- ERS.— (1) IN GENERAL.—The Secretary shall— (A) exempt from section 30112(a) of this title not more than 325 replica motor vehi- cles per year that are manufactured or im- ported 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 deter- mines appropriate. The Secretary shall estab- lish terms that ensure that no person may reg- ister as a low-volume manufacturer if the per- son is registered as an importer under section 30141 of this title. (3) PERMANENT LABEL REQUIREMENT.— (A) IN GENERAL.—The Secretary shall re- quire a low-volume manufacturer to affix a permanent label to a motor vehicle exempt- ed under paragraph (1) that identifies the specified standards and regulations for which such vehicle is exempt from section 30112(a), states that the vehicle is a replica, and designates the model year such vehicle replicates. (B) WRITTEN NOTICE.—The Secretary may require a low-volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to— (i) the dealer; and (ii) the first purchaser of the motor vehi- cle, if the first purchaser is not an indi- vidual that purchases the motor vehicle for resale. (C) REPORTING REQUIREMENT.—A low-vol- ume manufacturer shall annually submit a report to the Secretary including the num- ber and description of the motor vehicles ex- empted under paragraph (1) and a list of the exemptions described on the label affixed under subparagraph (A). (4) EFFECT ON OTHER PROVISIONS.—Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). (5) LIMITATION AND PUBLIC NOTICE.—The Sec- retary shall have 90 days to review and ap- prove or deny a registration submitted under paragraph (2). If the Secretary determines that any such registration submitted is incom- plete, the Secretary shall have an additional 30 days for review. Any registration not ap- proved or denied within 90 days after initial submission, or 120 days if the registration sub- mitted is incomplete, shall be deemed ap- proved. The Secretary shall have the author- ity to revoke an existing registration based on a failure to comply with requirements set forth in this subsection or a finding by the Secretary of a safety-related defect or unlaw- ful conduct under this chapter that poses a significant safety risk. The registrant shall be Page 767 TITLE 49—TRANSPORTATION § 30115 provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An ex- emption granted by the Secretary to a low- volume manufacturer under this subsection may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufac- turer to vehicles built during that calendar year. The Secretary shall maintain an up-to- date list of registrants and a list of the make and model of motor vehicles exempted under paragraph (1) on at least an annual basis and publish such list in the Federal Register or on a website operated by the Secretary. (6) LIMITATION OF LIABILITY FOR ORIGINAL MANUFACTURERS, LICENSORS OR OWNERS OF PRODUCT CONFIGURATION, TRADE DRESS, OR DE- SIGN PATENTS.—The original manufacturer, its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a low-volume manufacturer shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low-volume manufacturer. (7) DEFINITIONS.—In this subsection: (A) LOW-VOLUME MANUFACTURER.—The term ‘‘low-volume manufacturer’’ means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose an- nual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor ve- hicles. (B) REPLICA MOTOR VEHICLE.—The term ‘‘replica motor vehicle’’ means a motor vehi- cle produced by a low-volume manufacturer and that— (i) is intended to resemble the body of another motor vehicle that was manufac- tured not less than 25 years before the manufacture of the replica motor vehicle; and (ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehi- cle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trade- mark, or patent rights. (8) CONSTRUCTION.—Except as provided in paragraphs (1) and (4), a registrant shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI of this title. Nothing shall be construed to exempt a registrant from complying with the require- ments under sections 30116 through 30120A of this title if the motor vehicle excepted under paragraph (1) contains a defect related to motor vehicle safety. (9) STATE REGISTRATION.—Nothing in this subsection shall be construed to preempt, af- fect, or supersede any State titling or reg- istration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 105–178, title VII, § 7107(a), June 9, 1998, 112 Stat. 469; Pub. L. 114–94, div. B, title XXIV, § 24405(a), Dec. 4, 2015, 129 Stat. 1721.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30114 .......... 15:1397(j). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(j); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2824. The word ‘‘conditions’’ is omitted as being included in ‘‘terms’’, and the word ‘‘studies’’ is omitted as being included in ‘‘research’’. The word ‘‘solely’’ is omitted as unnecessary. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94 designated existing provisions as subsec. ‘‘(A)’’, inserted heading, and added subsec. (b). 1998—Pub. L. 105–178 substituted ‘‘competitive racing events, show, or display’’ for ‘‘or competitive racing events’’. Statutory Notes and Related Subsidiaries TRANSITION RULE Pub. L. 105–178, title VII, § 7107(b), June 9, 1998, 112 Stat. 469, provided that: ‘‘A person who is the owner of a motor vehicle located in the United States on the date of enactment of this Act [June 9, 1998] may seek an exemption under section 30114 of title 49, United States Code, as amended by subsection (a) of this sec- tion, for a period of 6 months after the date regulations of the Secretary of Transportation promulgated in re- sponse to such amendment take effect.’’ § 30115. Certification of compliance (a) IN GENERAL.—A manufacturer or dis- tributor 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 per- son may not issue the certificate if, in exer- cising 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 equip- ment 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 re- spect to each applicable Federal motor vehicle safety standard— (1) that it has complied with the specifica- tions set forth in the compliance documenta- tion provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or (2) that it has elected to assume responsi- bility 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