49 U.S.C. § 30103 — Relationship to other laws
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 345 words · no verdicts yet
This section addresses transportation safety regulations, State standards, antitrust laws, warranties, other remedies, and common-law liability.
(a) Uniform regulations. — The Transportation Secretary may not issue a safety regulation for a motor vehicle subject to subchapter I of chapter 135 that differs from a safety standard under this chapter. The Secretary may, however, require a higher postmanufacture performance level for a vehicle operated by a covered carrier. (b) Preemption. — (1) While a Federal motor-vehicle safety standard is in effect, a State or its subdivision may set or keep a standard for the same performance aspect only if identical. The United States, a State, or its subdivision may set a higher requirement for a vehicle or equipment obtained for its own use. (2) A State may enforce an identical standard. (c) Antitrust laws. — This chapter neither exempts unlawful conduct from antitrust laws nor makes lawful conduct unlawful under them. (d) Warranties and other remedies. — The listed sections do not create or change a U.S. or State warranty obligation. Remedies under those sections and sections 30161 and 30162 add to other rights and remedies under U.S. or State law. (e) Common-law liability. — Following a safety standard does not exempt a person from common-law liability.
The Secretary of Transportation may not prescribe a safety regulation related to a motor vehicle subject to subchapter I of chapter 135 of this title that differs from a motor vehicle safety standard prescribed under this chapter. However, the Secretary may prescribe, for a motor vehicle operated by a carrier subject to subchapter I of chapter 135, a safety regulation that imposes a higher standard of performance after manufacture than that required by an applicable standard in effect at the time of manufacture.
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 applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter.
A State may enforce a standard that is identical to a standard prescribed under this chapter.
This chapter does not—
exempt from the antitrust laws conduct that is unlawful under those laws; or
prohibit under the antitrust laws conduct that is lawful under those laws.
Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) of this title do not establish or affect a warranty obligation under a law of the United States or a State. A remedy under those sections and sections 30161 and 30162 of this title is in addition to other rights and remedies under other laws of the United States or a State.
Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law.
Source credit: (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.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 943
- 1995Amended · Pub. L. 104-88 · 109 Stat. 947
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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