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49 U.S.C. § 30103Relationship to other laws

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 345 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how federal motor vehicle safety rules interact with other laws. States generally cannot set their own differing safety standards once a federal one exists, though stricter rules for a government's own vehicles are allowed. Following a federal safety standard does not exempt anyone from antitrust rules, warranty law, or common-law lawsuits.

(a) Uniformity of regulations. The Secretary of Transportation cannot set a safety regulation for a motor vehicle covered by subchapter I of chapter 135 (interstate bus and truck operations) that is different from a motor vehicle safety standard already set under this chapter. But the Secretary can still set a stricter performance rule — one that applies after the vehicle is built — for vehicles run by carriers under subchapter I of chapter 135, even if it's tougher than the standard that applied when the vehicle was made. (b) Preemption. (1) Once a motor vehicle safety standard exists under this chapter, a State or a local government can only keep or create its own standard covering that same performance issue if that state or local standard is identical to the federal one. However, the federal government, a State, or a local government can set a tougher performance standard for vehicles or equipment it buys for its own use. (2) A State may enforce a standard that matches the federal one exactly. (c) Antitrust laws. This chapter does not change the antitrust laws. It does not excuse conduct that is already illegal under antitrust law, and it does not ban conduct that is already legal under antitrust law. (d) Warranty obligations and additional legal rights and remedies. Certain sections of this chapter (sections 30117(b), 30118 through 30121, 30166(f), and 30167(a) and (b)) do not create or change any warranty obligation under federal or state law. The remedies in those sections, and in sections 30161 and 30162, are extra — they add to, and don't replace, whatever other rights and remedies already exist under other laws. (e) Common law liability. Following a motor vehicle safety standard set under this chapter does not protect a person from being sued under ordinary common-law liability rules.
the actual law source: uscode.house.gov ↗public domain
(a)Uniformity of Regulations.—

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.

(b)Preemption.—
(1)

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.

(2)

A State may enforce a standard that is identical to a standard prescribed under this chapter.

(c)Antitrust Laws.—

This chapter does not—

(1)

exempt from the antitrust laws conduct that is unlawful under those laws; or

(2)

prohibit under the antitrust laws conduct that is lawful under those laws.

(d)Warranty Obligations and Additional Legal Rights and Remedies.—

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.

(e)Common Law Liability.—

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.)

history & why it existsrecord from the source credit
  • 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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