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49 U.S.C. § 32506Prohibited acts

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 472 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans selling, importing, or shipping a passenger vehicle that doesn't meet its bumper standard. It also bans ignoring the Secretary's regulations, dodging inspections, and giving a false compliance certificate. Some exceptions apply to resales and to buyers or importers who acted in good faith.

(a) General. Except as this section and section 32502 allow, a person may not (1) manufacture for sale, sell, offer for sale, ship or deliver for shipment in interstate commerce, or import into the U.S. a passenger vehicle or vehicle equipment made on or after the date its bumper standard takes effect, unless it meets that standard; (2) fail to follow an applicable regulation the Secretary of Transportation issued under this chapter; (3) fail to keep records, refuse to let records be accessed or copied, fail to file reports or provide items or information, or refuse entry or inspection, as this chapter or its regulations require; or (4) fail to provide the certificate required by section 32504, or provide one the person knows — or reasonably should know — is false or misleading in a material way. (b) Nonapplication. Subsection (a)(1) doesn't apply to (1) selling, offering to sell, or shipping a vehicle or equipment after its first good-faith purchase for reasons other than resale — though a standard can still require the vehicle or equipment to keep complying over a set period of use; or (2) a person who (A) shows they had no reason to know, using reasonable care, that the vehicle or equipment failed to comply, or (B) held — without knowing about the noncompliance, and before that first purchase — a certificate under section 32504 saying the vehicle or equipment complied. (c) Importing noncomplying vehicles and equipment. (1) The Secretaries of Transportation and the Treasury may jointly allow a noncomplying vehicle or piece of equipment to be imported into the U.S., under conditions they set (including requiring a bond), to make sure it will either (A) be brought into compliance after import, (B) be exported, or (C) be given up (abandoned) to the U.S. government. (2) They may also jointly allow import after the vehicle's or equipment's first good-faith purchase for reasons other than resale. (d) Liability under other law. Meeting a standard under this chapter does not shield anyone from liability that other laws already impose.
the actual law source: uscode.house.gov ↗public domain
(a)General.—

Except as provided in this section and section 32502 of this title, a person may not—

(1)

manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the date an applicable standard under section 32502 of this title takes effect, unless it conforms to the standard;

(2)

fail to comply with an applicable regulation prescribed by the Secretary of Transportation under this chapter;

(3)

fail to keep records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter or a regulation prescribed under this chapter; or

(4)

fail to provide the certificate required by section 32504 of this title, or provide a certificate that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect.

(b)Nonapplication.—

Subsection (a)(1) of this section does not apply to—

(1)

the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a passenger motor vehicle or passenger motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale (but this clause does not prohibit a standard from requiring that a vehicle or equipment be manufactured to comply with the standard over a specified period of operation or use); or

(2)

a person—

(A)

establishing that the person had no reason to know, by exercising reasonable care, that the vehicle or equipment does not comply with the standard; or

(B)

holding, without knowing about a noncompliance and before that first purchase, a certificate issued under section 32504 of this title stating that the vehicle or equipment complies with the standard.

(c)Importing Noncomplying Vehicles and Equipment.—
(1)

The Secretaries of Transportation and the Treasury may prescribe joint regulations authorizing a passenger motor vehicle or passenger motor vehicle equipment not complying with a standard prescribed under section 32502 of this title to be imported into the United States subject to conditions (including providing a bond) the Secretaries consider appropriate to ensure that the vehicle or equipment will—

(A)

comply, after importation, with the standards prescribed under section 32502 of this title;

(B)

be exported; or

(C)

be abandoned to the United States Government.

(2)

The Secretaries may prescribe joint regulations that allow a passenger motor vehicle or passenger motor vehicle equipment to be imported into the United States after the first purchase in good faith other than for resale.

(d)Liability Under Other Law.—

Compliance with a standard under this chapter does not exempt a person from liability provided by law.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1045; Pub. L. 105–277, div. A, § 101(g) [title III, § 351(b)(2)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1045
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681

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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