49 U.S.C. § 30112 — Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 756 words · no verdicts yet
Companies generally can't sell, deliver, or import motor vehicles that fail to meet federal safety standards. Schools usually can't buy new 15-passenger vans unless they meet school-bus safety rules. Nobody can sell a vehicle with a known safety defect that hasn't been fixed.
(a) General
(1) Except for other listed exceptions, no one may manufacture for sale, sell, offer for sale, ship into interstate commerce, or import a motor vehicle or motor vehicle equipment made after an applicable safety standard takes effect, unless it meets the standard and carries a certification issued under section 30115.
(2) A school or school system generally cannot buy or lease a new 15-passenger van if it will be regularly used to carry preschool, elementary, or secondary students to or from school or school events, unless the van meets the safety standards for school buses and multifunction school activity buses. This rule doesn't apply to a van bought or leased under a contract signed before this paragraph became law.
(3) No one may sell, offer for sale, ship into interstate commerce, or import a motor vehicle or equipment that has a safety-related defect for which notice was given under section 30118(c) or an order was issued under section 30118(b). But this doesn't stop the import of a new vehicle that gets its required recall fix before being sold to a U.S. consumer.
(b) Nonapplication
This section does not apply to:
(1) a vehicle or equipment sold or shipped after its first good-faith purchase (not for resale);
(2) a person who (A) had no reason to know, despite being careful, that the vehicle or equipment didn't comply with the safety standards; (B) held — without knowing about the noncompliance, and before the vehicle's first good-faith purchase — a manufacturer's or importer's certificate saying it complied; or (C) had no reason to know, despite being careful, about a safety defect that was already the subject of a notice or order;
(3) a vehicle or equipment made only for export, labeled for export on itself and its container, and actually exported;
(4) a vehicle the Secretary of Transportation decides under section 30141 is capable of complying with the standards;
(5) a vehicle imported for an individual's personal use under an exemption granted under section 30142;
(6) a vehicle imported under section 30143 by someone employed outside the United States;
(7) a vehicle imported temporarily under section 30144;
(8) a vehicle or equipment under section 30145 that still needs further manufacturing;
(9) a vehicle that is at least 25 years old; or
(10) bringing a vehicle into interstate commerce solely to test or evaluate it, if the manufacturer agrees not to sell it afterward, and — before this paragraph became law — the manufacturer had already sold certified vehicles in the United States, had submitted the required manufacturer identification to the Secretary, and, if needed, had named an agent to receive legal papers.
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, introduce 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.
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 students 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.
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). Nothing in this paragraph may be construed to prohibit the importation of a new motor vehicle that receives a required recall remedy before being sold to a consumer in the United States.
This section does not apply to—
the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale;
a person—
establishing that the person had no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment does not comply with applicable motor vehicle safety standards prescribed under this chapter;
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 vehicle or equipment complies with applicable standards prescribed under this chapter; or
having no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle 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);
a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported;
a motor vehicle the Secretary of Transportation decides under section 30141 of this title is capable of complying with applicable standards prescribed under this chapter;
a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this title;
a motor vehicle under section 30143 of this title imported by an individual employed outside the United States;
a motor vehicle under section 30144 of this title imported on a temporary basis;
a motor vehicle or item of motor vehicle equipment under section 30145 of this title requiring further manufacturing;
a motor vehicle that is at least 25 years old; or
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 enactment of this paragraph—
has manufactured and distributed motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards;
has submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and
if applicable, has identified an agent for service of process in accordance with part 551 of such title.
Source credit: (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.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 945
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1942
- 2012Amended · Pub. L. 112-141 · 126 Stat. 761
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1721
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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