49 U.S.C. § 30144 — Importing motor vehicles on a temporary

Page 791 TITLE 49—TRANSPORTATION § 30144 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 962.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30142(a) ...... 15:1397(f)(1). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(f); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2822. 30142(b) ...... 15:1397(f)(2). In subsection (a)(2), the words ‘‘after January 31, 1990’’ are substituted for ‘‘after the effective date of the regulations initially issued to implement the amend- ments made to this section by the Imported Vehicle Safety Compliance Act of 1988’’ for clarity. See 49 C.F.R. part 591. In subsection (a)(3), the words ‘‘the individual takes the actions required under subsection (b) of this sec- tion’’ are substituted for ‘‘if that individual takes the actions required by paragraph (2)’’ for clarity and be- cause of the restatement. In subsection (b)(1), the word ‘‘compliance’’ is sub- stituted for ‘‘conformity’’ for consistency in this chap- ter. In subsection (b)(1)(B), before subclause (i), the word ‘‘conditions’’ is omitted as being included in ‘‘terms’’. § 30143. Motor vehicles imported by individuals employed outside the United States (a) DEFINITION.—In this section, ‘‘assigned place of employment’’ means— (1) the principal location at which an indi- vidual is permanently or indefinitely assigned to work; and (2) for a member of the uniformed services, the individual’s permanent duty station. (b) GENERAL.—Section 30112(a) of this title does not apply to a motor vehicle imported for personal use, and not for resale, by an indi- vidual— (1) whose assigned place of employment was outside the United States as of October 31, 1988, and who has not had an assigned place of employment in the United States from that date through the date the vehicle is imported into the United States; (2) who previously had not imported a motor vehicle into the United States under this sec- tion or section 108(g) of the National Traffic and Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under section 108(b)(3) of that Act; (3) who acquired, or made a binding contract to acquire, the vehicle before October 31, 1988; (4) who imported the vehicle into the United States not later than October 31, 1992; and (5) who satisfies section 108(b)(3) of that Act as in effect on October 30, 1988. (c) CERTIFICATION.—Subsection (b) of this sec- tion is carried out by certification in the form the Secretary of Transportation or the Sec- retary of the Treasury may prescribe. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 963.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30143(a) ...... 15:1397(g) (3d, last sentences). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(g); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2823. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 30143(b), (c) 15:1397(g) (1st, 2d sentences). In subsection (b), before clause (1), the words ‘‘(in- cluding a member of the uniformed services)’’ are omit- ted as unnecessary because of the restatement. In clause (1), the words ‘‘from that date through the date the vehicle is imported into the United States’’ are sub- stituted for ‘‘that date and the date of entry of such motor vehicle’’ for clarity and consistency in this chap- ter. In clause (2), the words ‘‘under this section or sec- tion 108(g) of the National Traffic and Motor Vehicle Safety Act of 1966’’ are substituted for ‘‘this sub- section’’ to preserve the exemption for motor vehicles imported under the source provisions between October 30, 1988, and the effective date of this restatement. In clause (4), the word ‘‘imports’’ is substituted for ‘‘en- ters’’ for clarity and consistency in this chapter. In clause (5) the word ‘‘satisfies’’ is substituted for ‘‘meets the terms, conditions, and other requirements . . . under’’ to eliminate unnecessary words. Editorial Notes REFERENCES IN TEXT Subsections (b)(3) and (g) of section 108 of the Na- tional Traffic and Motor Vehicle Safety Act of 1966, re- ferred to in subsec. (b)(2), (5), are subsecs. (b)(3) and (g) of section 108 of Pub. L. 89–563, which were classified to subsecs. (b)(3) and (g), respectively, of section 1397 of Title 15, Commerce and Trade, were repealed and reen- acted in sections 30112(b)(1)–(3) and 30143, respectively, of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 945, 963, 1379. § 30144. Importing motor vehicles on a temporary basis (a) GENERAL.—Section 30112(a) of this title does not apply to a motor vehicle imported on a temporary basis for personal use by an indi- vidual who is a member of— (1)(A) the personnel of the government of a foreign country on assignment in the United States or a member of the Secretariat of a public international organization designated under the International Organizations Immu- nities Act (22 U.S.C. 288 et seq.); and (B) the class of individuals for whom the Secretary of State has authorized free impor- tation of motor vehicles; or (2) the armed forces of a foreign country on assignment in the United States. (b) VERIFICATION.—The Secretary of Transpor- tation or the Secretary of the Treasury may re- quire verification, that the Secretary of Trans- portation considers appropriate, that an indi- vidual is a member described under subsection (a) of this section. The Secretary of Transpor- tation shall ensure that a motor vehicle im- ported under this section will be exported (at no cost to the United States Government) or aban- doned to the Government when the individual no longer— (1) resides in the United States; and (2) is a member described under subsection (a) of this section. (c) SALE IN THE UNITED STATES.—A motor ve- hicle imported under this section may not be sold when in the United States. Page 792 TITLE 49—TRANSPORTATION § 30145 (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 964; Pub. L. 104–287, § 5(57), Oct. 11, 1996, 110 Stat. 3394.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 30144(a) ...... 15:1397(h) (1st sen- tence). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(h); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2823. 30144(b) ...... 15:1397(h) (2d, 3d sentences). 30144(c) ...... 15:1397(h) (last sen- tence). In subsection (a)(1)(B), the word ‘‘importation’’ is substituted for ‘‘entry’’ for clarity and consistency in this chapter. In subsection (b), before clause (1), the words ‘‘that an individual is a member described under subsection (a) of this section’’ are substituted for ‘‘such status’’ for clarity. The word ‘‘imported’’ is substituted for ‘‘en- tered’’ for clarity and consistency in this chapter. In clause (2), the words ‘‘a member described under sub- section (a) of this section’’ are substituted for ‘‘hold such status’’ for clarity. PUB. L. 104–287 This amends 49:30144(a)(1)(A) to correct an erroneous cross-reference. Editorial Notes REFERENCES IN TEXT The International Organizations Immunities Act, re- ferred to in subsec. (a)(1)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. AMENDMENTS 1996—Subsec. (a)(1)(A). Pub. L. 104–287 substituted ‘‘International Organizations’’ for ‘‘International Orga- nization’’. § 30145. Importing motor vehicles or equipment requiring further manufacturing Section 30112(a) of this title does not apply to a motor vehicle or motor vehicle equipment if the vehicle or equipment— (1) requires further manufacturing to per- form its intended function as decided under regulations prescribed by the Secretary of Transportation; and (2) is accompanied at the time of importa- tion by a written statement issued by the manufacturer indicating the applicable motor vehicle safety standard prescribed under this chapter with which it does not comply. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 964.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30145 .......... 15:1397(e). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(e); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2822. In clause (2), the word ‘‘importation’’ is substituted for ‘‘entry’’ for clarity and consistency in this chapter. The words ‘‘of the incomplete motor vehicle or item of equipment’’ are omitted as unnecessary because of the restatement. The words ‘‘prescribed under this chap- ter’’ are substituted for ‘‘Federal’’ for consistency in this chapter. § 30146. Release of motor vehicles and bonds (a) COMPLIANCE CERTIFICATION AND BOND.—(1) Except as provided in subsections (c) and (d) of this section, an importer registered under sec- tion 30141(c) of this title may license or register an imported motor vehicle for use on public streets, roads, or highways, or release custody of a motor vehicle imported by the registered im- porter or imported by an individual under sec- tion 30142 of this title and altered by the reg- istered importer to meet applicable motor vehi- cle safety standards prescribed under this chap- ter to a person for license or registration for use on public streets, roads, or highways, only after 30 days after the registered importer certifies to the Secretary of Transportation, in the way the Secretary prescribes, that the motor vehicle complies with each standard prescribed in the year the vehicle was manufactured and that ap- plies in that year to that vehicle. A vehicle may not be released if the Secretary gives written notice before the end of the 30-day period that the Secretary will inspect the vehicle under sub- section (c) of this section. (2) The Secretaries of Transportation and the Treasury shall prescribe regulations— (A) ensuring the release of a motor vehicle and bond required under section 30141(d) of this title at the end of the 30-day period, un- less the Secretary of Transportation issues a notice of an inspection under subsection (c) of this section; and (B) providing that the Secretary of Trans- portation shall release the vehicle and bond promptly after an inspection under subsection (c) of this section showing compliance with the standards applicable to the vehicle. (3) Each registered importer shall include on each motor vehicle released under this sub- section a label prescribed by the Secretary of Transportation identifying the importer and stating that the vehicle has been altered by the importer to comply with the standards applica- ble to the vehicle. (b) RELIANCE ON MANUFACTURER’S CERTIFI- CATION.—In making a certification under sub- section (a)(1) of this section, the registered im- porter may rely on the manufacturer’s certifi- cation for the model to which the motor vehicle involved is substantially similar if the importer certifies that any alteration made by the im- porter did not affect the compliance of the safe- ty features of the vehicle and the importer keeps records verifying the certification for the period the Secretary of Transportation pre- scribes. (c) EVIDENCE OF COMPLIANCE.—(1) The Sec- retary of Transportation may require that the certification under subsection (a)(1) of this sec- tion be accompanied by evidence of compliance the Secretary considers appropriate or may in- spect the certified motor vehicle, or both. If the Secretary gives notice of an inspection, an im- porter may release the vehicle only after— (A) an inspection showing the motor vehicle complies with applicable motor vehicle safety