49 U.S.C. § 30112 — Prohibitions on manufacturing, selling,

Page 763 TITLE 49—TRANSPORTATION § 30112 ‘‘SEC. 3. CHILD SAFETY INFORMATION PROGRAM. ‘‘(a) IN GENERAL.—Not later than 9 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall provide information about hazards to children in nontraffic, noncrash incident situations by— ‘‘(1) supplementing an existing consumer informa- tion program relating to child safety; or ‘‘(2) creating a new consumer information program relating to child safety. ‘‘(b) PROGRAM REQUIREMENTS.—In carrying out the program under subsection (a), the Secretary shall— ‘‘(1) utilize information collected pursuant to sec- tion 2(f) regarding nontraffic, noncrash injuries, and other relevant data the Secretary considers appro- priate, to establish priorities for the program; ‘‘(2) address ways in which parents and caregivers can reduce risks to small children arising from back over incidents, hyperthermia in closed motor vehi- cles, accidental actuation of power windows, and any other risks the Secretary determines should be ad- dressed; and ‘‘(3) make information related to the program available to the public through the Internet and other means. ‘‘SEC. 4. DEADLINES. ‘‘If the Secretary determines that the deadlines ap- plicable under this Act cannot be met, the Secretary shall— ‘‘(1) establish new deadlines; and ‘‘(2) notify the Committee on Energy and Com- merce of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate of the new deadlines and describing the reasons the deadlines specified under this Act could not be met.’’ IMPROVING CRITERIA USED IN A RECALL Pub. L. 106–414, § 15, Nov. 1, 2000, 114 Stat. 1808, pro- vided that: ‘‘(a) REVIEW OF STANDARDS AND CRITERIA USED IN OPENING A DEFECT OR NONCOMPLIANCE INVESTIGATION.— The Secretary shall, not later than 30 days after the date of the enactment of this Act [Nov. 1, 2000], under- take a comprehensive review of all standards, criteria, procedures, and methods, including data management and analysis used by the National Highway Traffic Safety Administration in determining whether to open a defect or noncompliance investigation pursuant to subchapter II or IV of chapter 301 of title 49, United States Code, and shall undertake such steps as may be necessary to update and improve such standards, cri- teria, procedures, or methods, including data manage- ment and analysis. ‘‘(b) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary shall transmit to the Committee on Commerce [now Committee on Energy and Commerce] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Secretary’s findings and actions under subsection (a).’’ § 30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment (a) GENERAL.—(1) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a person may not manufacture for sale, sell, offer for sale, intro- duce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title. (2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school stu- dents to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph. (3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the vehicle or equipment contains a defect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b). Noth- ing in this paragraph may be construed to pro- hibit the importation of a new motor vehicle that receives a required recall remedy before being sold to a consumer in the United States. (b) NONAPPLICATION.—This section does not apply to— (1) the sale, offer for sale, or introduction or delivery for introduction in interstate com- merce of a motor vehicle or motor vehicle equipment after the first purchase of the vehi- cle or equipment in good faith other than for resale; (2) a person— (A) establishing that the person had no reason to know, despite exercising reason- able care, that a motor vehicle or motor ve- hicle equipment does not comply with appli- cable motor vehicle safety standards pre- scribed under this chapter; (B) holding, without knowing about the noncompliance and before the vehicle or equipment is first purchased in good faith other than for resale, a certificate issued by a manufacturer or importer stating the vehi- cle or equipment complies with applicable standards prescribed under this chapter; or (C) having no reason to know, despite exer- cising reasonable care, that a motor vehicle or motor vehicle equipment contains a de- fect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b); (3) a motor vehicle or motor vehicle equip- ment intended only for export, labeled for ex- port on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported; (4) a motor vehicle the Secretary of Trans- portation decides under section 30141 of this title is capable of complying with applicable standards prescribed under this chapter; (5) a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this title; Page 764 TITLE 49—TRANSPORTATION § 30113 (6) a motor vehicle under section 30143 of this title imported by an individual employed outside the United States; (7) a motor vehicle under section 30144 of this title imported on a temporary basis; (8) a motor vehicle or item of motor vehicle equipment under section 30145 of this title re- quiring further manufacturing; (9) a motor vehicle that is at least 25 years old; or (10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing or evaluation by a manufacturer that agrees not to sell or offer for sale the motor vehicle at the conclusion of the testing or evaluation and that prior to the date of enact- ment of this paragraph— (A) has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards; (B) has submitted to the Secretary appro- priate manufacturer identification informa- tion under part 566 of title 49, Code of Fed- eral Regulations; and (C) if applicable, has identified an agent for service of process in accordance with part 551 of such title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 945; Pub. L. 109–59, title X, § 10309(b), Aug. 10, 2005, 119 Stat. 1942; Pub. L. 112–141, div. C, title I, § 31207, July 6, 2012, 126 Stat. 761; Pub. L. 114–94, div. B, title XXIV, § 24404, Dec. 4, 2015, 129 Stat. 1721.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30112(a) ...... 15:1397(a)(1)(A). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(A), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1), 88 Stat. 1477; Oct. 31, 1988, Pub. L. 100–562, § 2(c), (d), 102 Stat. 2824. 15:1397(c)(1). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(c)(1), (i); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818, 2823. 30112(b) (1)–(3). 15:1397(a)(2)(D), (b)(1) (1st sen- tence), (2). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(2)(D), (b)(1) (1st sentence), (2), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1), 88 Stat. 1477, 1478. 15:1397(b)(3). Sept. 9, 1966, Pub. L. 89–563, § 108(b)(3), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(B), 88 Stat. 1478; Oct. 31, 1988, Pub. L. 100–562, § 2(a), 102 Stat. 2818. 30112(b) (4)–(8). (no source). 30112(b)(9) .. 15:1397(i). In subsection (a), the words ‘‘Except as provided in this section . . . and subchapter III of this chapter’’ are substituted for 15:1397(c)(1) to eliminate unnecessary words and because of the restatement. The reference to section 30113 is added for clarity. In subsection (b), before clause (1), the text of 15:1397(a)(2)(D) is omitted as obsolete because under section 30124 of the revised title a standard prescribed under this chapter may not allow compliance by use of a safety belt interlock or a continuous buzzer. In clause (2)(A), the words ‘‘despite exercising reasonable care’’ are substituted for ‘‘in the exercise of due care’’ for clarity and consistency in the revised title. The words ‘‘motor vehicle safety standards prescribed under this chapter’’ are substituted for ‘‘Federal motor vehicle safety standards’’ for clarity and consistency in this chapter. In clause (2)(B), the words ‘‘without knowing about the noncompliance’’ are substituted for ‘‘unless such person knows that such vehicle or equipment does not so conform’’ to eliminate unnecessary words and for consistency in the revised title. Clauses (4)–(8) are added to provide cross–references to sections restating exceptions to the general rule restated in subsection (a) of this section. Editorial Notes REFERENCES IN TEXT The date of enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. The date of enactment of this paragraph, referred to in subsec. (b)(10), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. AMENDMENTS 2015—Subsec. (b)(10). Pub. L. 114–94 added par. (10). 2012—Subsec. (a)(3). Pub. L. 112–141, § 31207(1), added par. (3). Subsec. (b)(2)(C). Pub. L. 112–141, § 31207(2), added sub- par. (C). 2005—Subsec. (a). Pub. L. 109–59, which directed amendment of section 30112(a), without specifying the title to be amended, by designating existing provisions as par. (1) and adding par. (2), was executed to this sec- tion, to reflect the probable intent of Congress. 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. § 30113. General exemptions (a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’ means a motor vehicle meeting the standards for new motor vehicles applicable to the vehicle under section 202 of the Clean Air Act (42 U.S.C. 7521) when the vehicle is manufac- tured and emitting an air pollutant in an amount significantly below one of those stand- ards. (b) AUTHORITY TO EXEMPT AND PROCEDURES.— (1) The Secretary of Transportation may ex- empt, on a temporary basis, motor vehicles from a motor vehicle safety standard prescribed under this chapter or passenger motor vehicles from a bumper standard prescribed under chap- ter 325 of this title, on terms the Secretary con- siders appropriate. An exemption may be re- newed. A renewal may be granted only on re- application and must conform to the require- ments of this subsection. (2) The Secretary may begin a proceeding under this subsection when a manufacturer ap- plies for an exemption or a renewal of an exemp- tion. The Secretary shall publish notice of the application and provide an opportunity to com- ment. An application for an exemption or for a renewal of an exemption shall be filed at a time and in the way, and contain information, this section and the Secretary require. (3) The Secretary may act under this sub- section on finding that— (A) an exemption is consistent with the pub- lic interest and this chapter or chapter 325 of this title (as applicable); and