49 U.S.C. § 32101 — Definitions

Page 925 TITLE 49—TRANSPORTATION § 32101 (d) NONAPPLICATION.—This section does not apply to a State that was participating in the Regional Fuel Tax Agreement on January 1, 1991, and that continues to participate in that Agreement after that date. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1032.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31705 .......... 49:11506 (note). Dec. 18, 1991, Pub. L. 102–240, § 4008(g), 105 Stat. 2154. In subsection (b), the words ‘‘as it applies to’’ are sub- stituted for ‘‘with respect to’’ for clarity. In subsection (c), before clause (1), the words ‘‘a State not participating in the Agreement when the amend- ment is made is not subject to the conformity require- ments of subsections (a) and (b) of this section in re- gard to the amendment’’ are substituted for ‘‘con- formity by a State that is not participating in such Agreement when such amendment is made may not be required with respect to such amendment’’ for clarity. § 31706. Enforcement (a) CIVIL ACTIONS.—On request of the Sec- retary of Transportation, the Attorney General may bring a civil action in a court of competent jurisdiction to enforce compliance with sections 31704 and 31705 of this title. (b) VENUE.—An action under this section may be brought only in the State in which an order is required to enforce compliance. (c) RELIEF.—Subject to section 1341 of title 28, the court, on a proper showing— (1) shall issue a temporary restraining order or a preliminary or permanent injunction; and (2) may require by the injunction that the State or any person comply with sections 31704 and 31705 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1033.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31706 .......... 49:11506 (note). Dec. 18, 1991, Pub. L. 102–240, § 4008(h), 105 Stat. 2155. In subsection (a), the words ‘‘bring a civil action . . . to enforce compliance’’ are substituted for ‘‘commence . . . a civil action for such injunctive relief as may be appropriate to ensure compliance’’ for consistency in the revised title and to eliminate unnecessary words. In subsection (b), the words ‘‘an order is required to enforce compliance’’ are substituted for ‘‘relief is re- quired to ensure such compliance’’ for consistency in the revised title. § 31707. Limitations on statutory construction Sections 31704 and 31705 of this title do not limit the amount of money a State may charge for registration of a commercial motor vehicle or the amount of any fuel use tax a State may impose. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1033.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31707 .......... 49:11506 (note). Dec. 18, 1991, Pub. L. 102–240, § 4008(i), 105 Stat. 2155. [§ 31708. Repealed. Pub. L. 105–178, title IV, § 4013, June 9, 1998, 112 Stat. 409] Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1033, related to authorization of appropriations for working group under section 31702 of this title and for grants under section 31703 of this title. PART C—INFORMATION, STANDARDS, AND REQUIREMENTS CHAPTER 321—GENERAL Sec. 32101. Definitions. 32102. Authorization of appropriations. § 32101. Definitions In this part (except chapter 329 and except as provided in section 33101)— (1) ‘‘bumper standard’’ means a minimum performance standard that substantially re- duces— (A) the damage to the front or rear end of a passenger motor vehicle from a low-speed collision (including a collision with a fixed barrier) or from towing the vehicle; or (B) the cost of repairing the damage. (2) ‘‘insurer’’ means a person in the business of issuing, or reinsuring any part of, a pas- senger motor vehicle insurance policy. (3) ‘‘interstate commerce’’ means commerce between a place in a State and— (A) a place in another State; or (B) another place in the same State through another State. (4) ‘‘make’’, when describing a passenger motor vehicle, means the trade name of the manufacturer of the vehicle. (5) ‘‘manufacturer’’ means a person— (A) manufacturing or assembling pas- senger motor vehicles or passenger motor vehicle equipment; or (B) importing motor vehicles or motor ve- hicle equipment for resale. (6) ‘‘model’’, when describing a passenger motor vehicle, means a category of passenger motor vehicles based on the size, style, and type of a make of vehicle. (7) ‘‘motor vehicle’’ means a vehicle driven or drawn by mechanical power and manufac- tured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. (8) ‘‘motor vehicle accident’’ means an acci- dent resulting from the maintenance or oper- ation of a passenger motor vehicle or pas- senger motor vehicle equipment. (9) ‘‘multipurpose passenger vehicle’’ means a passenger motor vehicle constructed on a truck chassis or with special features for occa- sional off-road operation. (10) ‘‘passenger motor vehicle’’ means a motor vehicle with motive power designed to Page 926 TITLE 49—TRANSPORTATION § 32102 carry not more than 12 individuals, but does not include— (A) a motorcycle; or (B) a truck not designed primarily to carry its operator or passengers. (11) ‘‘passenger motor vehicle equipment’’ means— (A) a system, part, or component of a pas- senger motor vehicle as originally made; (B) a similar part or component made or sold for replacement or improvement of a system, part, or component, or as an acces- sory or addition to a passenger motor vehi- cle; or (C) a device made or sold for use in towing a passenger motor vehicle. (12) ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, Amer- ican Samoa, and the Virgin Islands. (13) ‘‘United States district court’’ means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1034; Pub. L. 103–429, § 6(27), Oct. 31, 1994, 108 Stat. 4380.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32101(1) ...... 15:1901(5), (6) (words before semicolon), (11). Oct. 20, 1972, Pub. L. 92–513, § 2(1)–(6) (words before semicolon), (7)–(12), (15)–(18), 86 Stat. 947, 948; Dec. 22, 1975, Pub. L. 94–163, § 301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, § 8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, § 101(b), 98 Stat. 2767. 32101(2) ...... 15:1901(12). 32101(3) ...... 15:1901(17). 32101(4) ...... 15:1901(8). 32101(5) ...... 15:1901(7). 32101(6) ...... 15:1901(9). 32101(7) ...... 15:1901(15). 32101(8) ...... 15:1901(10). 32101(9) ...... 15:1901(2). 32101(10) ..... 15:1901(1). 32101(11) ..... 15:1901(3), (4). 32101(12) ..... 15:1901(16). 32101(13) ..... 15:1901(18). In clause (1), the text of 15:1901(11) is omitted as sur- plus because the complete title of the Secretary of Transportation is used the first time the term appears in a section. The definition of ‘‘property loss reduction standard’’ is combined with the definition of ‘‘bumper standard’’ because the former term is used only in the definition of the latter term. Before subclause (A), the words ‘‘the purpose of which is’’ and ‘‘eliminate’’ are omitted as surplus. In subclauses (A) and (B), the words ‘‘(or both)’’ are omitted as surplus. In subclause (A), the word ‘‘physical’’ is omitted as surplus. In clause (2), the words ‘‘of passenger motor vehicles’’ and ‘‘engaged’’ are omitted as surplus. In clause (5)(A), the words ‘‘manufacturing or assem- bling’’ are substituted for ‘‘engaged in the manufac- turing or assembling of’’ to eliminate unnecessary words. In clause (8), the words ‘‘maintenance or operation’’ are substituted for ‘‘operation, maintenance, or use’’ to eliminate an unnecessary word. In clauses (12) and (13), the words ‘‘the Northern Mar- iana Islands’’ are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words ‘‘the Canal Zone’’ are omitted because of the Panama Canal Treaty of 1977. In clause (12), the word ‘‘means’’ is substituted for ‘‘includes’’ as being more appropriate. The words ‘‘a State of the United States’’ are substituted for ‘‘each of the several States’’ for consistency in the revised title and with other titles of the United States Code. In clause (13), the words ‘‘of the Commonwealth of Puerto Rico’’ are omitted as surplus because the dis- trict court of Puerto Rico is a district court of the United States under 28:119. PUB. L. 103–429 This makes a conforming amendment to 49:32101 nec- essary because of the amendment to 49:32304(a)(11) made by section 6(29) of the bill and to clarify the re- statement of 15:1901 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1034). Editorial Notes AMENDMENTS 1994—Pub. L. 103–429 amended introductory provisions generally. Prior to amendment, introductory provi- sions read as follows: ‘‘In this part (except section 32304 and chapter 329)—’’. 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. § 32102. Authorization of appropriations There is authorized to be appropriated to the Secretary $9,562,500 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. 1035; Pub. L. 105–178, title VII, § 7102(b), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, § 1(b), July 28, 1999, 113 Stat. 206.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32102 .......... 15:1392 (note). Dec. 18, 1991, Pub. L. 102–240, § 2501(b), 105 Stat. 2081. The reference to fiscal year 1992 is omitted as obso- lete. Editorial Notes AMENDMENTS 1999—Pub. L. 106–39 substituted ‘‘$9,562,500’’ for ‘‘$6,200,000’’. 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 part: ‘‘(1) $6,731,430 for the fiscal year ending September 30, 1993. ‘‘(2) $6,987,224 for the fiscal year ending September 30, 1994.