49 U.S.C. § 30123 — Tires

Page 780 TITLE 49—TRANSPORTATION § 30122 or purchaser’’, ‘‘the purpose of’’, and ‘‘to which the order relates’’ are omitted as surplus. In subsection (d), the words ‘‘Notwithstanding sec- tion 30163(c) of this title’’ are added for clarity. The words ‘‘An action under section 1399(a) of this title to restrain a violation of an order . . . or under section 1398 of this title to collect a civil penalty with respect to a violation of such an order’’ and ‘‘to which the order applies’’ are omitted as surplus. The words ‘‘may transfer the action’’ are substituted for ‘‘orders a change of venue’’ for consistency with 28:1404. The words ‘‘(including enforcement actions)’’ are omitted as surplus. The words ‘‘that court shall issue the con- solidation order’’ are substituted for ‘‘by order of such other court’’ for clarity. § 30122. Making safety devices and elements in- operative (a) DEFINITION.—In this section, ‘‘motor vehi- cle repair business’’ means a person holding itself out to the public to repair for compensa- tion a motor vehicle or motor vehicle equip- ment. (b) PROHIBITION.—A manufacturer, distributor, dealer, rental company, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design in- stalled on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the manufacturer, dis- tributor, dealer, rental company, or repair busi- ness reasonably believes the vehicle or equip- ment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative. (c) REGULATIONS.—The Secretary of Transpor- tation may prescribe regulations— (1) to exempt a person from this section if the Secretary decides the exemption is con- sistent with motor vehicle safety and section 30101 of this title; and (2) to define ‘‘make inoperative’’. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 956; Pub. L. 112–141, div. C, title I, § 31202(a)(1), July 6, 2012, 126 Stat. 757; Pub. L. 114–94, div. B, title XXIV, § 24109(d), Dec. 4, 2015, 129 Stat. 1707.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30122(a) ...... 15:1397(a)(2)(A) (last sentence). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(a)(2)(A)– (C); added Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), 88 Stat. 1477. 30122(b) ...... 15:1397(a)(2)(A) (1st sentence). 30122(c) ...... 15:1397(a)(2)(B). 30122(d) ...... 15:1397(a)(2)(C). In subsections (a) and (c), the words ‘‘the term’’ are omitted as surplus. In subsection (a), the words ‘‘in the business of’’ are omitted as surplus. In subsection (b), the words ‘‘an applicable motor ve- hicle safety standard prescribed under this chapter’’ are substituted for ‘‘an applicable Federal motor vehi- cle safety standard’’ for consistency. The words ‘‘of de- sign’’ the 2d time they appear and ‘‘rendered’’ are omit- ted as surplus. In subsection (c)(1), the words ‘‘section 30101 of this title’’ are substituted for ‘‘the purposes of this chap- ter’’ as being more precise. In subsection (d), the words ‘‘with respect . . . the rendering inoperative of’’ are omitted as surplus. Editorial Notes AMENDMENTS 2015—Subsec. (b). Pub. L. 114–94 inserted ‘‘rental com- pany,’’ after ‘‘dealer,’’ in two places. 2012—Subsec. (d). Pub. L. 112–141 struck out subsec. (d). Text read as follows: ‘‘This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title. 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. § 30123. Tires (a) REGROOVED TIRE LIMITATIONS.—(1) In this subsection, ‘‘regrooved tire’’ means a tire with a new tread produced by cutting into the tread of a worn tire. (2) The Secretary may authorize the sale, offer for sale, introduction for sale, or delivery for in- troduction in interstate commerce, of a re- grooved tire or a motor vehicle equipped with regrooved tires if the Secretary decides the tires are designed and made in a way consistent with section 30101 of this title. A person may not sell, offer for sale, introduce for sale, or deliver for introduction in interstate commerce, a re- grooved tire or a vehicle equipped with re- grooved tires unless authorized by the Sec- retary. (b) UNIFORM QUALITY GRADING SYSTEM, NOMEN- CLATURE, AND MARKETING PRACTICES.—The Sec- retary shall prescribe through standards a uni- form quality grading system for motor vehicle tires to help consumers make an informed choice when purchasing tires. The Secretary also shall cooperate with industry and the Fed- eral Trade Commission to the greatest extent practicable to eliminate deceptive and confusing tire nomenclature and marketing practices. A tire standard or regulation prescribed under this chapter supersedes an order or administrative interpretation of the Commission. (c) MAXIMUM LOAD STANDARDS.—The Secretary shall require a motor vehicle to be equipped with tires that meet maximum load standards when the vehicle is loaded with a reasonable amount of luggage and the total number of pas- sengers the vehicle is designed to carry. The ve- hicle shall be equipped with those tires by the manufacturer or by the first purchaser when the vehicle is first bought in good faith other than for resale. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 956; Pub. L. 105–178, title VII, § 7106(b), June 9, 1998, 112 Stat. 467.) Page 781 TITLE 49—TRANSPORTATION § 30124 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30123(a) ...... 15:1421 (1st sen- tence). Sept. 9, 1966, Pub. L. 89–563, §§ 201–203, 204(c), 205, 80 Stat. 728, 729. 30123(b) ...... 15:1421 (2d sen- tence). 30123(c) ...... 15:1421 (last sen- tence). 30123(d) ...... 15:1424(a). Sept. 9, 1966, Pub. L. 89–563, § 204(a), 80 Stat. 729; re- stated Oct. 27, 1974, Pub. L. 93–492, § 110(c), 88 Stat. 1484. 15:1424(c). 30123(e) ...... 15:1423. 15:1425. 30123(f) ....... 15:1422. In subsections (a) and (d)(2), the words ‘‘section 30101 of this title’’ are substituted for ‘‘the purposes of this chapter’’ as being more precise. In subsection (a), the words ‘‘to a motor vehicle safe- ty standard prescribed under this chapter’’ are sub- stituted for ‘‘In all standards for . . . established under subchapter I of this chapter . . . thereto’’ for consist- ency and because of the restatement. In subsection (b)(1)(A) and (B), the word ‘‘suitable’’ is omitted as surplus. In subsection (b)(1)(C), the words ‘‘for a tire con- taining’’ are substituted for ‘‘unless the tire contains . . . in which case it shall also contain’’ to eliminate unnecessary words. The word ‘‘allowing’’ is substituted for ‘‘which would permit’’ for consistency. In subsection (b)(3), the word ‘‘actual’’ is omitted as surplus. In subsection (b)(5)(A), the word ‘‘statement’’ is sub- stituted for ‘‘recital’’ for clarity. The words ‘‘complies with’’ are substituted for ‘‘conforms to’’, the words ‘‘prescribed under this chapter’’ are substituted for ‘‘Federal’’, and the word ‘‘or’’ is substituted for ‘‘except that in lieu of such recital’’, for consistency. In subsection (b)(5)(B), the word ‘‘appropriate’’ is omitted as surplus. In subsection (d)(2), the words ‘‘by order’’ are omitted as surplus. The words ‘‘a regrooved tire or a motor ve- hicle equipped with regrooved tires’’ are substituted for ‘‘any tire or motor vehicle equipped with any tire which has been regrooved’’ for consistency. The words ‘‘A person may not . . . unless authorized by the Sec- retary’’ are substituted for ‘‘No person shall’’ for clar- ity and consistency in the revised title. The word ‘‘in- troduce’’ is substituted for ‘‘introduction’’ after ‘‘or’’ to correct a mistake. In subsection (e), the words ‘‘The Secretary shall pre- scribe through standards’’ are substituted for ‘‘within two years after September 9, 1966, the Secretary shall, through standards established under subchapter I of this chapter, prescribe by order, and publish in the Fed- eral Register’’ in 15:1423 to eliminate unnecessary and executed words. The text of 15:1423 (2d sentence) is omitted as executed. The last sentence is substituted for 15:1425 to eliminate unnecessary words. In subsection (f), the words ‘‘In standards established under subchapter I of this chapter’’ and ‘‘fully’’ are omitted as surplus. The words ‘‘The vehicle shall be equipped’’ are added for clarity. Editorial Notes AMENDMENTS 1998—Pub. L. 105–178 redesignated subsecs. (d) to (f) as (a) to (c), respectively, and struck out former subsecs. (a) to (c), which related to labeling requirements, con- tents of label, and additional information that may be required, respectively. Statutory Notes and Related Subsidiaries TIRE PRESSURE MONITORING SYSTEM Pub. L. 114–94, div. B, title XXIV, § 24115, Dec. 4, 2015, 129 Stat. 1710, provided that: ‘‘(a) PROPOSED RULE.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Sec- retary shall publish a proposed rule that— ‘‘(1) updates the standards pertaining to tire pres- sure monitoring systems to ensure that a tire pres- sure monitoring system that is installed in a new motor vehicle after the effective date of such updated standards cannot be overridden, reset, or recalibrated in such a way that the system will no longer detect when the inflation pressure in one or more of the ve- hicle’s tires has fallen to or below a significantly underinflated pressure level; and ‘‘(2) does not contain any provision that has the ef- fect of prohibiting the availability of direct or indi- rect tire pressure monitoring systems that meet the requirements of the standards updated pursuant to paragraph (1). ‘‘(b) FINAL RULE.—Not later than 2 years after the date of enactment of this Act, after providing the pub- lic with sufficient opportunity for notice and comment on the proposed rule published pursuant to subsection (a), the Secretary shall issue a final rule based on the proposed rule described in subsection (a) that— ‘‘(1) allows a manufacturer to install a tire pressure monitoring system that can be reset or recalibrated to accommodate— ‘‘(A) the repositioning of tire sensor locations on vehicles with split inflation pressure recommenda- tions; ‘‘(B) tire rotation; or ‘‘(C) replacement tires or wheels of a different size than the original equipment tires or wheels; and ‘‘(2) to address the accommodations described in subparagraphs (A), (B), and (C) of paragraph (1), en- sures that a tire pressure monitoring system that is reset or recalibrated according to the manufacturer’s instructions would illuminate the low tire pressure warning telltale when a tire is significantly under- inflated until the tire is no longer significantly underinflated. ‘‘(c) SIGNIFICANTLY UNDERINFLATED PRESSURE LEVEL DEFINED.—In this section, the term ‘significantly underinflated pressure level’ means a pressure level that is— ‘‘(1) below the level at which the low tire pressure warning telltale must illuminate, consistent with the TPMS detection requirements contained in S4.2(a) of section 571.138 of title 49, Code of Federal Regula- tions, or any corresponding similar or successor regu- lation or ruling (as determined by the Secretary); and ‘‘(2) in the case of a replacement wheel or tire, below the recommended cold inflation pressure of the wheel or tire manufacturer.’’ IMPROVED TIRE INFORMATION Pub. L. 106–414, § 11, Nov. 1, 2000, 114 Stat. 1806, pro- vided that, by 30 days after Nov. 1, 2000, the Secretary of Transportation would initiate a rulemaking pro- ceeding to improve the labeling of tires required by this section to assist consumers in identifying tires that may be the subject of a decision or notice under section 30118 of this title and also provided the Sec- retary could authorize any additional action needed to inform the public of the importance of observing motor vehicle tire load limits and maintaining proper tire in- flation levels, with the rulemaking completed by not later than June 1, 2002. TIRE PRESSURE WARNING Pub. L. 106–414, § 13, Nov. 1, 2000, 114 Stat. 1806, pro- vided that, not later than 1 year after Nov. 1, 2000, the Secretary of Transportation would complete a rule- making for a regulation, effective not later than 2 years after the date of the completion of such rule- making, to require a warning system in new motor ve- hicles to indicate significantly underinflated tires. § 30124. Nonuse of safety belts A motor vehicle safety standard prescribed under this chapter may not require a manufac-