49 U.S.C. § 30115 — Certification of compliance

Page 767 TITLE 49—TRANSPORTATION § 30115 provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An ex- emption granted by the Secretary to a low- volume manufacturer under this subsection may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufac- turer to vehicles built during that calendar year. The Secretary shall maintain an up-to- date list of registrants and a list of the make and model of motor vehicles exempted under paragraph (1) on at least an annual basis and publish such list in the Federal Register or on a website operated by the Secretary. (6) LIMITATION OF LIABILITY FOR ORIGINAL MANUFACTURERS, LICENSORS OR OWNERS OF PRODUCT CONFIGURATION, TRADE DRESS, OR DE- SIGN PATENTS.—The original manufacturer, its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a low-volume manufacturer shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low-volume manufacturer. (7) DEFINITIONS.—In this subsection: (A) LOW-VOLUME MANUFACTURER.—The term ‘‘low-volume manufacturer’’ means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose an- nual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor ve- hicles. (B) REPLICA MOTOR VEHICLE.—The term ‘‘replica motor vehicle’’ means a motor vehi- cle produced by a low-volume manufacturer and that— (i) is intended to resemble the body of another motor vehicle that was manufac- tured not less than 25 years before the manufacture of the replica motor vehicle; and (ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehi- cle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trade- mark, or patent rights. (8) CONSTRUCTION.—Except as provided in paragraphs (1) and (4), a registrant shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI of this title. Nothing shall be construed to exempt a registrant from complying with the require- ments under sections 30116 through 30120A of this title if the motor vehicle excepted under paragraph (1) contains a defect related to motor vehicle safety. (9) STATE REGISTRATION.—Nothing in this subsection shall be construed to preempt, af- fect, or supersede any State titling or reg- istration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 105–178, title VII, § 7107(a), June 9, 1998, 112 Stat. 469; Pub. L. 114–94, div. B, title XXIV, § 24405(a), Dec. 4, 2015, 129 Stat. 1721.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30114 .......... 15:1397(j). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(j); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2824. The word ‘‘conditions’’ is omitted as being included in ‘‘terms’’, and the word ‘‘studies’’ is omitted as being included in ‘‘research’’. The word ‘‘solely’’ is omitted as unnecessary. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94 designated existing provisions as subsec. ‘‘(A)’’, inserted heading, and added subsec. (b). 1998—Pub. L. 105–178 substituted ‘‘competitive racing events, show, or display’’ for ‘‘or competitive racing events’’. Statutory Notes and Related Subsidiaries TRANSITION RULE Pub. L. 105–178, title VII, § 7107(b), June 9, 1998, 112 Stat. 469, provided that: ‘‘A person who is the owner of a motor vehicle located in the United States on the date of enactment of this Act [June 9, 1998] may seek an exemption under section 30114 of title 49, United States Code, as amended by subsection (a) of this sec- tion, for a period of 6 months after the date regulations of the Secretary of Transportation promulgated in re- sponse to such amendment take effect.’’ § 30115. Certification of compliance (a) IN GENERAL.—A manufacturer or dis- tributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at delivery that the vehicle or equipment complies with applicable motor vehicle safety standards prescribed under this chapter. A per- son may not issue the certificate if, in exer- cising reasonable care, the person has reason to know the certificate is false or misleading in a material respect. Certification of a vehicle must be shown by a label or tag permanently fixed to the vehicle. Certification of equipment may be shown by a label or tag on the equipment or on the outside of the container in which the equip- ment is delivered. (b) CERTIFICATION LABEL.—In the case of the certification label affixed by an intermediate or final stage manufacturer of a motor vehicle built in more than 1 stage, each intermediate or final stage manufacturer shall certify with re- spect to each applicable Federal motor vehicle safety standard— (1) that it has complied with the specifica- tions set forth in the compliance documenta- tion provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or (2) that it has elected to assume responsi- bility for compliance with that standard. If the intermediate or final stage manufacturer elects to assume responsibility for compliance with the standard covered by the documentation Page 768 TITLE 49—TRANSPORTATION § 30116 provided by an incomplete motor vehicle manu- facturer, the intermediate or final stage manu- facturer shall notify the incomplete motor vehi- cle manufacturer in writing within a reasonable time of affixing the certification label. A viola- tion of this subsection shall not be subject to a civil penalty under section 30165. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947; Pub. L. 106–414, § 9, Nov. 1, 2000, 114 Stat. 1805.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30115 .......... 15:1397(a)(1)(C), (E) (related to 15:1403). Sept. 9, 1966, Pub. L. 89–563, § 108(a)(1)(C), (E) (related to § 114), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), (2)(B), 88 Stat. 1477, 1478. 15:1403. Sept. 9, 1966, Pub. L. 89–563, § 114, 80 Stat. 726. The words ‘‘fail to issue a certificate required by sec- tion 1403 of this title’’ in 15:1397(a)(1)(C) and the text of 15:1397(a)(1)(E) (related to 15:1403) are omitted as sur- plus. The word ‘‘certify’’ is substituted for ‘‘furnish . . . the certification’’ in 15:1403 to eliminate unnecessary words. The words ‘‘the time of’’ and ‘‘of such vehicle or equipment by such manufacturer or distributor’’ are omitted as surplus. The words ‘‘prescribed under this chapter’’ are added for clarity. The word ‘‘reasonable’’ is substituted for ‘‘due’’ in 15:1397(a)(1)(C) for consist- ency in the revised title. The words ‘‘to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards’’ are omitted because of the restatement. The words ‘‘shown by’’ are substituted for ‘‘in the form of’’ in 15:1403 for clarity. Editorial Notes AMENDMENTS 2000—Pub. L. 106–414 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries FOLLOW-UP REPORT Pub. L. 106–414, § 16, Nov. 1, 2000, 114 Stat. 1808, pro- vided that, by one year after Nov. 1, 2000, the Secretary of Transportation would report to Congress on the im- plementation of the 2000 amendments. § 30116. Defects and noncompliance found before sale to purchaser (a) ACTIONS REQUIRED OF MANUFACTURERS AND DISTRIBUTORS.—If, after a manufacturer or dis- tributor sells a motor vehicle or motor vehicle equipment to a distributor or dealer and before the distributor or dealer sells the vehicle or equipment, it is decided that the vehicle or equipment contains a defect related to motor vehicle safety or does not comply with applica- ble motor vehicle safety standards prescribed under this chapter— (1) the manufacturer or distributor imme- diately shall repurchase the vehicle or equip- ment at the price paid by the distributor or dealer, plus transportation charges and rea- sonable reimbursement of at least one percent a month of the price paid prorated from the date of notice of noncompliance or defect to the date of repurchase; or (2) if a vehicle, the manufacturer or dis- tributor immediately shall give to the dis- tributor or dealer at the manufacturer’s or distributor’s own expense, the part or equip- ment needed to make the vehicle comply with the standards or correct the defect. (b) DISTRIBUTOR OR DEALER INSTALLATION.— The distributor or dealer shall install the part or equipment referred to in subsection (a)(2) of this section. If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the manufacturer shall reim- burse the distributor or dealer for the reason- able value of the installation and a reasonable reimbursement of at least one percent a month of the manufacturer’s or distributor’s selling price prorated from the date of notice of non- compliance or defect to the date the motor vehi- cle complies with applicable motor vehicle safe- ty standards prescribed under this chapter or the defect is corrected. (c) ESTABLISHING AMOUNT DUE AND CIVIL AC- TIONS.—The parties shall establish the value of installation and the amount of reimbursement under this section. If the parties do not agree, or if a manufacturer or distributor refuses to com- ply with subsection (a) or (b) of this section, the distributor or dealer purchasing the motor vehi- cle or motor vehicle equipment may bring a civil action. The action may be brought in a United States district court for the judicial dis- trict in which the manufacturer or distributor resides, is found, or has an agent, to recover damages, court costs, and a reasonable attor- ney’s fee. An action under this section must be brought not later than 3 years after the claim accrues. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30116(a) ...... 15:1400(a) (less (2) (last 97 words)). Sept. 9, 1966, Pub. L. 89–563, § 111, 80 Stat. 724. 30116(b) ...... 15:1400(a)(2) (last 97 words). 30116(c) ...... 15:1400(b), (c). In subsection (a)(1), the words ‘‘as the case may be’’, ‘‘from such distributor or dealer’’, ‘‘all . . . involved’’, and ‘‘by the manufacturer or distributor’’ are omitted as surplus. In subsection (a)(2), the words ‘‘manufacturer’s or distributor’s’’ are substituted for ‘‘his’’ for clarity. The words ‘‘or parts’’ are omitted because of 1:1. The words ‘‘the vehicle comply with the standards or correct the defect’’ are substituted for ‘‘conforming’’ for clarity. In subsection (b), the words ‘‘the part or equipment referred to in subsection (a)(2) of this section’’ are added because of the restatement. The words ‘‘If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the man- ufacturer shall reimburse the distributor or dealer’’ are substituted for ‘‘and for the installation involved the manufacturer shall reimburse such distributor or deal- er . . . Provided, however, That the distributor or dealer proceeds with reasonable diligence with the installa- tion after the required part, parts or equipment are re- ceived’’ to eliminate unnecessary words. The words ‘‘on or in such vehicle’’ are omitted as surplus. The words ‘‘notice of noncompliance or defect’’ are substituted for ‘‘notice of such nonconformance’’, and the words ‘‘com- plies with applicable motor vehicle safety standards prescribed under this chapter or the defect is cor- rected’’ are substituted for ‘‘is brought into conform- ance with applicable Federal standards’’, to eliminate unnecessary words and for consistency in the revised title.