49 U.S.C. § 30102 — Definitions

Page 751 TITLE 49—TRANSPORTATION § 30102 when the Secretary promulgates a final rule with standards on improved head injury protec- tion. ‘‘(C) STANDARD.—The Secretary may, as part of any action taken under section 2503, amend any motor vehicle safety standard or establish a new standard under the National Traffic and Motor Ve- hicle Safety Act of 1966 ([formerly] 15 U.S.C. 1381 et seq.). ‘‘SEC. 2503. MATTERS BEFORE THE SECRETARY. ‘‘The Secretary shall address the following matters in accordance with section 2502: ‘‘(1) Protection against unreasonable risk of roll- overs of passenger cars, multipurpose passenger vehi- cles, and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less. ‘‘(2) Extension of passenger car side impact protec- tion to multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less. ‘‘(3) Safety of child booster seats used in passenger cars and other appropriate motor vehicles. ‘‘(4) Improved design for safety belts. ‘‘(5) Improved head impact protection from interior components of passenger cars (i.e. roof rails, pillars, and front headers). ‘‘[SECS. 2504, 2505. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.] ‘‘SEC. 2506. REAR SEATBELTS. ‘‘The Secretary shall expend such portion of the funds authorized to be appropriated under the Motor Vehicle Information and Cost Savings Act ([formerly] 15 U.S.C. 1901 et seq.), for fiscal year 1993, as the Sec- retary deems necessary for the purpose of dissemi- nating information to consumers regarding the manner in which passenger cars may be retrofitted with lap and shoulder rear seatbelts. ‘‘SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS. ‘‘Not later than December 31, 1993, the Secretary, in accordance with the National Traffic and Motor Vehi- cle Safety Act of 1966 [formerly 15 U.S.C. 1381 et seq.], shall publish an advance notice of proposed rulemaking to consider the need for any additional brake perform- ance standards for passenger cars, including antilock brake standards. The Secretary shall complete such rulemaking (in accordance with section 2502(b)(2)(B)(ii)) not later than 36 months from the date of initiation of such advance notice of proposed rule- making. In order to facilitate and encourage innova- tion and early application of economical and effective antilock brake systems for all such vehicles, the Sec- retary shall, as part of the rulemaking, consider any such brake system adopted by a manufacturer. ‘‘[SEC. 2508. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379.] ‘‘SEC. 2509. HEAD INJURY IMPACT STUDY. ‘‘The Secretary, in the case of any head injury pro- tection matters not subject to section 2503(5) for which the Secretary is on the date of enactment of this Act [Dec. 18, 1991] examining the need for rulemaking and is conducting research, shall provide a report to Con- gress by the end of fiscal year 1993 identifying those matters and their status. The report shall include a statement of any actions planned toward initiating such rulemaking no later than fiscal year 1994 or 1995 through use of either an advance notice of proposed rulemaking or a notice of proposed rulemaking and completing such rulemaking as soon as possible there- after.’’ FUEL SYSTEM INTEGRITY STANDARD Pub. L. 93–492, title I, § 108, Oct. 27, 1974, 88 Stat. 1482, provided that: ‘‘(a) RATIFICATION OF STANDARD.—Federal Motor Ve- hicle Safety Standard Number 301 (49 CFR 571.301–75; Docket No. 73–20, Notice 2) as published on March 21, 1974 (39 F.R. 10588–10590) shall take effect on the dates prescribed in such standard (as so published). ‘‘(b) AMENDMENT OR REPEAL OF STANDARD.—The Sec- retary may amend the standard described in subsection (a) in order to correct technical errors in the standard, and may amend or repeal such standard if he deter- mines such amendment or repeal will not diminish the level of motor vehicle safety.’’ Executive Documents EX. ORD. NO. 11357. ADMINISTRATION OF TRAFFIC AND MOTOR VEHICLE SAFETY THROUGH NATIONAL HIGHWAY SAFETY BUREAU AND ITS DIRECTOR Ex. Ord. No. 11357, June 6, 1967, 32 F.R. 8225, provided: By virtue of the authority vested in me as President of the United States by Section 201 of the Highway Safety Act of 1966, as amended (80 Stat. 735, 943) [set out as a note under section 401 of Title 23, Highways], and by Section 3(f)(3) of the Department of Transpor- tation Act (80 Stat. 932) [former 49 U.S.C. 1652(f)(3)], it is hereby ordered that the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amend- ed (80 Stat. 718, 943) [formerly 15 U.S.C. 1381 et seq.], shall be carried out through the National Highway Safety Bureau and the Director thereof. LYNDON B. JOHNSON. § 30102. Definitions (a) GENERAL DEFINITIONS.—In this chapter— (1) ‘‘covered rental vehicle’’ means a motor vehicle that— (A) has a gross vehicle weight rating of 10,000 pounds or less; (B) is rented without a driver for an initial term of less than 4 months; and (C) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company. (2) ‘‘dealer’’ means a person selling and dis- tributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale. (3) ‘‘defect’’ includes any defect in perform- ance, construction, a component, or material of a motor vehicle or motor vehicle equip- ment. (4) ‘‘distributor’’ means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale. (5) ‘‘interstate commerce’’ means commerce between a place in a State and a place in an- other State or between places in the same State through another State. (6) ‘‘manufacturer’’ means a person— (A) manufacturing or assembling motor vehicles or motor vehicle equipment; or (B) importing motor vehicles or motor ve- hicle equipment for resale. (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 equipment’’ means— (A) any system, part, or component of a motor vehicle as originally manufactured; (B) any similar part or component manu- factured or sold for replacement or improve- Page 752 TITLE 49—TRANSPORTATION § 30102 ment of a system, part, or component, or as an accessory or addition to a motor vehicle; or (C) any device or an article or apparel, in- cluding a motorcycle helmet and excluding medicine or eyeglasses prescribed by a li- censed practitioner, that— (i) is not a system, part, or component of a motor vehicle; and (ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor ve- hicles against risk of accident, injury, or death. (9) ‘‘motor vehicle safety’’ means the per- formance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occur- ring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an ac- cident, and includes nonoperational safety of a motor vehicle. (10) ‘‘motor vehicle safety standard’’ means a minimum standard for motor vehicle or motor vehicle equipment performance. (11) ‘‘rental company’’ means a person who— (A) is engaged in the business of renting covered rental vehicles; and (B) uses for rental purposes a motor vehi- cle fleet of 35 or more covered rental vehi- cles, on average, during the calendar year. (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. (b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118–30121, and 30166(f) of this title— (A) ‘‘adequate repair’’ does not include re- pair resulting in substantially impaired oper- ation of a motor vehicle or motor vehicle equipment; (B) ‘‘first purchaser’’ means the first pur- chaser of a motor vehicle or motor vehicle equipment other than for resale; (C) ‘‘original equipment’’ means motor vehi- cle equipment (including a tire) installed in or on a motor vehicle at the time of delivery to the first purchaser; (D) ‘‘replacement equipment’’ means motor vehicle equipment (including a tire) that is not original equipment; (E) a brand name owner of a tire marketed under a brand name not owned by the manu- facturer of the tire is deemed to be the manu- facturer of the tire; (F) a defect in original equipment, or non- compliance of original equipment with a motor vehicle safety standard prescribed under this chapter, is deemed to be a defect or noncompliance of the motor vehicle in or on which the equipment was installed at the time of delivery to the first purchaser; (G) a manufacturer of a motor vehicle in or on which original equipment was installed when delivered to the first purchaser is deemed to be the manufacturer of the equip- ment; and (H) a retreader of a tire is deemed to be the manufacturer of the tire. (2) The Secretary of Transportation may pre- scribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 941; Pub. L. 112–141, div. C, title I, § 31201, July 6, 2012, 126 Stat. 757; Pub. L. 114–94, div. B, title XXIV, § 24109(b), Dec. 4, 2015, 129 Stat. 1706.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30102(a)(1) .. 15:1391(7). Sept. 9, 1966, Pub. L. 89–563, § 102(1)–(3), (5)–(9), (11), (12), 80 Stat. 718, 719. 15:1391(10). Sept. 9, 1966, Pub. L. 89–563, § 102(10), 80 Stat. 718; re- stated Oct. 27, 1974, Pub. L. 93–492, § 110(a), 88 Stat. 1484. 49 App.:1655(a)(6)(A). Oct. 15, 1966, Pub. L. 89–670, § 6(a)(6)(A), 80 Stat. 938. 30102(a)(2) .. 15:1391(11). 30102(a)(3) .. 15:1391(6). 30102(a)(4) .. 15:1391(9). 30102(a)(5) .. 15:1391(5). 30102(a)(6) .. 15:1391(3). 30102(a)(7) .. 15:1391(4). Sept. 9, 1966, Pub. L. 89–563, § 102(4), 80 Stat. 718; re- stated May 22, 1970, Pub. L. 91–265, § 2, 84 Stat. 262. 30102(a)(8) .. 15:1391(1). 30102(a)(9) .. 15:1391(2). 30102(a)(10) 15:1391(8). 30102(a)(11) 15:1391(12). 30102(b) ...... 15:1419. Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 159; added Oct. 27, 1974, Pub. L. 93–492, § 102(a), 88 Stat. 1476. In subsection (a), the definitions apply to the entire chapter because of references in 15:1421–1431 applying 15:1391–1420 to 15:1421–1431. Before clause (1), the words ‘‘As used’’ are omitted as surplus. In clause (1), the text of 15:1391(10) and 49 App.:1655(a)(6)(A) is omitted as sur- plus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words ‘‘selling and distributing’’ are substituted for ‘‘who is engaged in the sale and dis- tribution of’’ to eliminate unnecessary words. The word ‘‘purposes’’ is omitted as surplus. In clause (3), the words ‘‘selling and distributing’’ are substituted for ‘‘engaged in the sale and distribution of’’ to eliminate unnecessary words. In clause (5)(A), the words ‘‘manu- facturing or assembling’’ are substituted for ‘‘engaged in the manufacturing or assembling of’’ to eliminate unnecessary words. In clause (7), the words ‘‘physician or other duly’’ and ‘‘drivers, passengers, and other’’ are omitted as surplus. In clause (8), the words ‘‘is also pro- tected’’ and ‘‘to persons’’ are omitted as unnecessary. In clause (9), the words ‘‘which is practicable, which meets the need for motor vehicle safety and which pro- vides objective criteria’’ are omitted as unnecessary be- cause of 15:1392(a) which is restated in section 30111 of the revised title. In clauses (10) and (11), the words ‘‘the Northern Mariana 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 (10), 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. The words ‘‘the Commonwealth of’’ are Page 753 TITLE 49—TRANSPORTATION § 30103 omitted as surplus. In clause (11), the word ‘‘Federal’’ is omitted as surplus. The words ‘‘of the Common- wealth of Puerto Rico’’ are omitted as unnecessary be- cause the district court of Puerto Rico is a district court of the United States under 28:119. In subsection (b)(1), before clause (A), the words ‘‘The term’’ and ‘‘the term’’ are omitted as surplus. In clause (B), the words ‘‘of a motor vehicle or motor vehicle equipment’’ are added for clarity. In clause (E), the words ‘‘to be’’ are added for consistency. The words ‘‘marketed under such brand name’’ are omitted as sur- plus. In clause (F), the words ‘‘a motor vehicle safety standard prescribed under this chapter’’ are added for clarity and consistency. The word ‘‘noncompliance’’ is substituted for ‘‘failure to comply’’ for consistency in the chapter. In clause (G), the words ‘‘(rather than the manufacturer of such equipment)’’ are omitted as sur- plus. The words ‘‘deemed to be’’ are substituted for ‘‘considered’’ for consistency. In clause (H), the words ‘‘which have been’’ are omitted as surplus. Subsection (b)(2) is substituted for ‘‘Except as other- wise provided in regulations of the Secretary’’ for clar- ity and because of the restatement. Editorial Notes AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–94, § 24109(b)(3), added par. (1). Former par. (1) redesignated (2). Subsec. (a)(2) to (10). Pub. L. 114–94, § 24109(b)(2), re- designated pars. (1) to (9) as (2) to (10), respectively. Former par. (10) redesignated (12). Subsec. (a)(11). Pub. L. 114–94, § 24109(b)(4), added par. (11). Former par. (11) redesignated (13). Subsec. (a)(12), (13). Pub. L. 114–94, § 24109(b)(1), redes- ignated pars. (10) and (11) as (12) and (13), respectively. 2012—Subsec. (a)(7)(C). Pub. L. 112–141 amended sub- par. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, in- jury, or death.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. B, title XXIV, § 24109(k), Dec. 4, 2015, 129 Stat. 1709, provided that: ‘‘The amendments made by this section [amending this section and sec- tions 30120, 30122, and 30166 of this title] shall take ef- fect on the date that is 180 days after the date of enact- ment of this Act [Dec. 4, 2015].’’ 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. RULE OF CONSTRUCTION Pub. L. 114–94, div. B, title XXIV, § 24109(i), Dec. 4, 2015, 129 Stat. 1708, provided that: ‘‘Nothing in this sec- tion [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] or the amendments made by this section— ‘‘(1) may be construed to create or increase any li- ability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 of title 49, United States Code; or ‘‘(2) shall supersede or otherwise affect the contrac- tual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code).’’ RULEMAKING Pub. L. 114–94, div. B, title XXIV, § 24109(j), Dec. 4, 2015, 129 Stat. 1708, provided that: ‘‘The Secretary [probably means Secretary of Transportation] may pro- mulgate rules, as appropriate, to implement this sec- tion [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] and the amendments made by this section.’’ LOW-SPEED ELECTRIC BICYCLES Pub. L. 107–319, § 2, Dec. 4, 2002, 116 Stat. 2776, provided that: ‘‘For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as de- fined in section 38(b) of the Consumer Product Safety Act [15 U.S.C. 2085(b)]) shall not be considered a motor vehicle as defined by section 30102[(a)](6) [now 30102(a)(7)] of title 49, United States Code.’’ § 30103. Relationship to other laws (a) UNIFORMITY OF REGULATIONS.—The Sec- retary of Transportation may not prescribe a safety regulation related to a motor vehicle sub- ject to subchapter I of chapter 135 of this title that differs from a motor vehicle safety stand- ard prescribed under this chapter. However, the Secretary may prescribe, for a motor vehicle op- erated by a carrier subject to subchapter I of chapter 135, a safety regulation that imposes a higher standard of performance after manufac- ture than that required by an applicable stand- ard in effect at the time of manufacture. (b) PREEMPTION.—(1) When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard appli- cable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard pre- scribed under this chapter. However, the United States Government, a State, or a political sub- division of a State may prescribe a standard for a motor vehicle or motor vehicle equipment ob- tained for its own use that imposes a higher per- formance requirement than that required by the otherwise applicable standard under this chap- ter. (2) A State may enforce a standard that is identical to a standard prescribed under this chapter. (c) ANTITRUST LAWS.—This chapter does not— (1) exempt from the antitrust laws conduct that is unlawful under those laws; or (2) prohibit under the antitrust laws conduct that is lawful under those laws. (d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND REMEDIES.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) of this title do not establish or affect a warranty obli- gation under a law of the United States or a State. A remedy under those sections and sec- tions 30161 and 30162 of this title is in addition to other rights and remedies under other laws of the United States or a State. (e) COMMON LAW LIABILITY.—Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 943; Pub. L. 104–88, title III, § 308(j), Dec. 29, 1995, 109 Stat. 947.)