15 U.S.C. § 1233 — Violations and penalties

Page 1359 TITLE 15—COMMERCE AND TRADE § 1233 1 So in original. Probably should be ‘‘http://www.safercar.gov;’’. (a) the make, model, and serial or identifica- tion number or numbers; (b) the final assembly point; (c) the name, and the location of the place of business, of the dealer to whom it is to be de- livered; (d) the name of the city or town at which it is to be delivered to such dealer; (e) the method of transportation used in making delivery of such automobile, if driven or towed from final assembly point to place of delivery; (f) the following information: (1) the retail price of such automobile sug- gested by the manufacturer; (2) the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment, physically attached to such automobile at the time of its deliv- ery to such dealer, which is not included within the price of such automobile as stat- ed pursuant to paragraph (1); (3) the amount charged, if any, to such dealer for the transportation of such auto- mobile to the location at which it is deliv- ered to such dealer; and (4) the total of the amounts specified pur- suant to paragraphs (1), (2), and (3); (g) if one or more safety ratings for such automobile have been assigned and formally published or released by the National Highway Traffic Safety Administration under the New Car Assessment Program, information about safety ratings that— (1) includes a graphic depiction of the number of stars, or other applicable rating, that corresponds to each such assigned safe- ty rating displayed in a clearly differen- tiated fashion indicating the maximum pos- sible safety rating; (2) refers to safety rating categories that may include frontal impact crash tests, side impact crash tests, and rollover resistance tests (whether or not such automobile has been assigned a safety rating for such tests); (3) contains information describing the na- ture and meaning of the crash test data pre- sented and a reference to additional vehicle safety resources, including http:// www.safecar.gov; 1 and (4) is presented in a legible, visible, and prominent fashion and covers at least— (A) 8 percent of the total area of the label; or (B) an area with a minimum length of 41⁄2 inches and a minimum height of 31⁄2 inches; and (h) if an automobile has not been tested by the National Highway Traffic Safety Adminis- tration under the New Car Assessment Pro- gram, or safety ratings for such automobile have not been assigned in one or more rating categories, a statement to that effect. (Pub. L. 85–506, § 3, July 7, 1958, 72 Stat. 326; Pub. L. 109–59, title X, § 10307(a), Aug. 10, 2005, 119 Stat. 1941; Pub. L. 112–141, div. C, title I, § 31314, July 6, 2012, 126 Stat. 772.) Editorial Notes AMENDMENTS 2012—Subsec. (g)(2). Pub. L. 112–141 inserted ‘‘safety rating categories that may include’’ after ‘‘refers to’’. 2005—Subsec. (f)(3). Pub. L. 109–59, § 10307(a)(2), in- serted ‘‘and’’ at end. Subsecs. (g), (h). Pub. L. 109–59, § 10307(a)(1), (3), (4), added subsecs. (g) and (h). Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE Section effective on the later of Oct. 1, 1958, or the first day of the introduction of any new model of auto- mobile in any line of automobile beginning after July 7, 1958, see section 5 of Pub. L. 85–506, set out as a note under section 1231 of this title. REGULATIONS Pub. L. 109–59, title X, § 10307(b), Aug. 10, 2005, 119 Stat. 1942, provided that: ‘‘The Secretary of Transpor- tation shall issue regulations to ensure that the label- ing requirements under subsections (g) and (h) of sec- tion 3 of the Automobile Information Disclosure Act [15 U.S.C. 1232(g), (h)], as added by subsection (a), are im- plemented by September 1, 2007.’’ § 1232a. Repealed. Pub. L. 92–178, title IV, § 401(g)(7)(A), Dec. 10, 1971, 85 Stat. 534 Section, Pub. L. 91–614, title III, § 304, Dec. 31, 1970, 84 Stat. 1845, related to Federal manufacturers excise tax on labels and provided for violations and penalties. It was not a part of the Automobile Information Disclo- sure Act, which comprises this chapter generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 92–178, title IV, § 401(g)(7)(B), Dec. 10, 1971, 85 Stat. 534, provided that: ‘‘Subparagraph (A) [repealing this section] shall apply to acts (or failures to act) after the date of the enactment of this Act [Dec. 10, 1971].’’ § 1233. Violations and penalties (a) Failure to affix required label Any manufacturer of automobiles distributed in commerce who willfully fails to affix to any new automobile manufactured or imported by him the label required by section 1232 of this title shall be fined not more than $1,000. Such failure with respect to each automobile shall constitute a separate offense. (b) Failure to endorse required label Any manufacturer of automobiles distributed in commerce who willfully fails to endorse clearly, distinctly and legibly any label as re- quired by section 1232 of this title, or who makes a false endorsement of any such label, shall be fined not more than $1,000. Such failure or false endorsement with respect to each automobile shall constitute a separate offense. (c) Removal, alteration, or illegibility of required label Any person who willfully removes, alters, or renders illegible any label affixed to a new auto- Page 1360 TITLE 15—COMMERCE AND TRADE § 1241 mobile pursuant to section 1232 of this title, or any endorsement thereon, prior to the time that such automobile is delivered to the actual cus- tody and possession of the ultimate purchaser of such new automobile, except where the manu- facturer relabels the automobile in the event the same is rerouted, repurchased, or reacquired by the manufacturer of such automobile, shall be fined not more than $1,000, or imprisoned not more than one year, or both. Such removal, al- teration, or rendering illegible with respect to each automobile shall constitute a separate of- fense. (Pub. L. 85–506, § 4, July 7, 1958, 72 Stat. 326.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the later of Oct. 1, 1958, or the first day of the introduction of any new model of auto- mobile in any line of automobile beginning after July 7, 1958, see section 5 of Pub. L. 85–506, set out as a note under section 1231 of this title. CHAPTER 29—MANUFACTURE, TRANSPOR- TATION, OR DISTRIBUTION OF SWITCH- BLADE KNIVES Sec. 1241. Definitions. 1242. Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty. 1243. Manufacture, sale, or possession within spe- cific jurisdictions; penalty. 1244. Exceptions. 1245. Ballistic knives. § 1241. Definitions As used in this chapter— (a) The term ‘‘interstate commerce’’ means commerce between any State, Territory, posses- sion of the United States, or the District of Co- lumbia, and any place outside thereof. (b) The term ‘‘switchblade knife’’ means any knife having a blade which opens automati- cally— (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both. (Pub. L. 85–623, § 1, Aug. 12, 1958, 72 Stat. 562.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 85–623, which enacted sec- tions 1241 to 1244 of this title and amended section 1716 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 85–623, § 6, Aug. 12, 1958, 72 Stat. 563, provided that: ‘‘This Act [enacting this chapter and amending section 1716 of Title 18, Crimes and Criminal Procedure] shall take effect on the sixtieth day after the date of its enactment [Aug. 12, 1958].’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–570, title X, § 10001, Oct. 27, 1986, 100 Stat. 3207–166, provided that: ‘‘This title [enacting section 1245 of this title, amending section 1716 of Title 18, Crimes and Criminal Procedure, and enacting provi- sions set out as a note under section 1245 of this title] may be cited as the ‘Ballistic Knife Prohibition Act of 1986’.’’ SHORT TITLE Pub. L. 85–623, Aug. 12, 1958, 72 Stat. 562, which en- acted this chapter, is popularly known as the ‘‘Federal Switchblade Act’’. § 1242. Introduction, manufacture for introduc- tion, transportation or distribution in inter- state commerce; penalty Whoever knowingly introduces, or manufac- tures for introduction, into interstate com- merce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (Pub. L. 85–623, § 2, Aug. 12, 1958, 72 Stat. 562.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1243. Manufacture, sale, or possession within specific jurisdictions; penalty Whoever, within any Territory or possession of the United States, within Indian country (as de- fined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switch- blade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both. (Pub. L. 85–623, § 3, Aug. 12, 1958, 72 Stat. 562.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the sixtieth day after Aug. 12, 1958, see section 6 of Pub. L. 85–623, set out as a note under section 1241 of this title. § 1244. Exceptions Sections 1242 and 1243 of this title shall not apply to— (1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; (2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces; (3) the Armed Forces or any member or em- ployee thereof acting in the performance of his duty; (4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any in- dividual who has only one arm; or (5) a knife that contains a spring, detent, or other mechanism designed to create a bias to- ward closure of the blade and that requires ex- ertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.