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49 U.S.C. § 30102 — Definitions

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 757 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines motor-vehicle terms and supplies limited definitions for specified enforcement provisions.

(a) General definitions. — In this chapter, “covered rental vehicle” means a motor vehicle rated at 10,000 pounds or less, rented without a driver for an initial term under 4 months, and in a rental company’s fleet of at least 35 vehicles. “Dealer” means a person who mainly sells and distributes new vehicles or equipment to people who in good faith buy for purposes other than resale. “Defect” includes a performance, construction, component, or material defect. “Distributor” mainly sells and distributes vehicles or equipment for resale. “Interstate commerce” is commerce between places in different States, or between places in one State through another State. “Manufacturer” makes or assembles vehicles or equipment, or imports them for resale. “Motor vehicle” is mechanically driven or drawn transportation made mainly for public streets, roads, or highways, but not a vehicle operated only on a rail line. “Motor vehicle equipment” means (A) an originally manufactured vehicle system, part, or component; (B) a similar replacement, improvement, accessory, or addition; or (C) a device, article, or apparel, including a motorcycle helmet but not prescribed medicine or eyeglasses, that is not a vehicle system, part, or component and is made, sold, delivered, or offered for public-road use to protect vehicle users from accident, injury, or death. “Motor vehicle safety” means vehicle or equipment performance that protects the public from unreasonable accident risk caused by design, construction, or performance and from unreasonable death or injury risk in an accident; it includes nonoperational safety. “Motor vehicle safety standard” means a minimum performance standard for a vehicle or its equipment. “Rental company” means a person in the business of renting covered rental vehicles and whose fleet averages at least 35 such vehicles during a calendar year. “State” means a U.S. State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, or the Virgin Islands. “United States district court” means a U.S. district court, a U.S. court for Guam, the Virgin Islands, or American Samoa, or the district court for the Northern Mariana Islands. (b) Limited definitions. — In sections 30117(b), 30118–30121, and 30166(f): (1) “Adequate repair” does not include a repair that substantially harms vehicle or equipment operation. “First purchaser” means the first buyer other than for resale. “Original equipment” means equipment, including a tire, installed in or on a vehicle when delivered to that buyer. “Replacement equipment” is equipment, including a tire, that is not original equipment. A brand-name owner of a tire marketed under a brand it does not own is treated as the tire’s manufacturer. A defect or safety-standard noncompliance in original equipment is treated as a defect or noncompliance in the vehicle where it was installed when delivered. The maker of that vehicle is treated as the maker of the equipment. A tire retreader is treated as the tire’s manufacturer. (2) The Transportation Secretary may issue regulations changing the rules about original equipment, replacement equipment, and the two related deeming rules in subparagraphs (C), (D), (F), and (G).

the actual law source: uscode.house.gov ↗public domain
(a)General Definitions.—

In this chapter—

(1)

“covered rental vehicle” means a motor vehicle that—

(A)

has a gross vehicle weight rating of 10,000 pounds or less;

(B)

is rented without a driver for an initial term of less than 4 months; and

(C)

is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.

(2)

“dealer” means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.

(3)

“defect” includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.

(4)

“distributor” means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale.

(5)

“interstate commerce” means commerce between a place in a State and a place in another State or between places in the same State through another State.

(6)

“manufacturer” means a person—

(A)

manufacturing or assembling motor vehicles or motor vehicle equipment; or

(B)

importing motor vehicles or motor vehicle equipment for resale.

(7)

“motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

(8)

“motor vehicle equipment” means—

(A)

any system, part, or component of a motor vehicle as originally manufactured;

(B)

any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or

(C)

any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that—

(i)

is not a system, part, or component of a motor vehicle; and

(ii)

is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.

(9)

“motor vehicle safety” means the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.

(10)

“motor vehicle safety standard” means a minimum standard for motor vehicle or motor vehicle equipment performance.

(11)

“rental company” means a person who—

(A)

is engaged in the business of renting covered rental vehicles; and

(B)

uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year.

(12)

“State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

(13)

“United States district court” means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands.

(b)Limited Definitions.—
(1)

In sections 30117(b), 30118–30121, and 30166(f) of this title—

(A)

“adequate repair” does not include repair resulting in substantially impaired operation of a motor vehicle or motor vehicle equipment;

(B)

“first purchaser” means the first purchaser of a motor vehicle or motor vehicle equipment other than for resale;

(C)

“original equipment” means motor vehicle equipment (including a tire) installed in or on a motor vehicle at the time of delivery to the first purchaser;

(D)

“replacement equipment” means motor vehicle equipment (including a tire) that is not original equipment;

(E)

a brand name owner of a tire marketed under a brand name not owned by the manufacturer of the tire is deemed to be the manufacturer of the tire;

(F)

a defect in original equipment, or noncompliance of original equipment with a motor vehicle safety standard prescribed under this chapter, is deemed to be a defect or noncompliance of the motor vehicle in or on which the equipment was installed at the time of delivery to the first purchaser;

(G)

a manufacturer of a motor vehicle in or on which original equipment was installed when delivered to the first purchaser is deemed to be the manufacturer of the equipment; and

(H)

a retreader of a tire is deemed to be the manufacturer of the tire.

(2)

The Secretary of Transportation may prescribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 941; Pub. L. 112–141, div. C, title I, § 31201, July 6, 2012, 126 Stat. 757; Pub. L. 114–94, div. B, title XXIV, § 24109(b), Dec. 4, 2015, 129 Stat. 1706.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 941
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 757
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1706

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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