49 U.S.C. § 30146 — Release of motor vehicles and bonds

(a) Compliance certification and bond. (1) Except as subsections (c) and (d) allow, a registered importer may license or register an imported vehicle for use on public roads, or release custody of one to someone else for licensing or registration, only after 30 days have passed since the importer certified to the Secretary, in the way the Secretary prescribes, that the vehicle meets every standard that applied to it in the year it was made. The vehicle cannot be released if, before the 30 days end, the Secretary gives written notice of an inspection under subsection (c). (2) The Secretaries of Transportation and the Treasury must jointly prescribe regulations that (A) ensure the vehicle and its required bond, under section 30141(d), are released at the end of the 30-day period unless the Secretary of Transportation gave inspection notice under subsection (c), and (B) provide that the Secretary of Transportation releases the vehicle and bond promptly once an inspection under subsection (c) shows compliance. (3) Each registered importer must put a Secretary-prescribed label on every vehicle released under this subsection, identifying the importer and stating the vehicle was altered to comply with applicable standards.

(b) Reliance on manufacturer's certification. In certifying under subsection (a)(1), the registered importer may rely on the manufacturer's own certification for a substantially similar model, if the importer certifies that its alterations did not affect the vehicle's safety compliance, and keeps records proving that for however long the Secretary requires.

(c) Evidence of compliance. (1) The Secretary may require that the certification be backed by evidence of compliance, or may inspect the certified vehicle, or both. If the Secretary gives inspection notice, the importer may release the vehicle only after (A) an inspection shows the vehicle complies with the applicable standards, and (B) the Secretary releases the vehicle. (2) The Secretary must periodically inspect a representative number of vehicles for which certifications were filed under subsection (a)(1), including as part of the Secretary's general motor vehicle testing program.

(d) Challenging the certification. The vehicle and bond cannot be released under subsection (a) if the Secretary, within 30 days of receiving a certification under subsection (a)(1), gives written notice that the Secretary believes or has reason to believe the certification is false or contains a misrepresentation. The vehicle and bond may then be released only once the Secretary is satisfied with the certification, or with a corrected version of it.

(e) Bond release. Releasing a bond required under section 30141(d) is treated only as accepting a certification or completing an inspection under this section — it is not a formal decision by the Secretary, under section 30118(a) or (b), that the vehicle complies with applicable safety standards.