49 U.S.C. § 30111 — Standards
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 532 words · no verdicts yet
The Secretary of Transportation must set motor vehicle safety standards. Each standard must be practical, needed for safety, and clearly written. New standards can't take effect for at least 180 days, and guidelines alone can't be enforced as law.
(a) General Requirements
The Secretary of Transportation must set motor vehicle safety standards. Each standard must be practical to follow, must meet a real safety need, and must be written in clear, objective terms.
(b) Considerations and Consultation
When writing a standard, the Secretary must: (1) look at relevant safety information; (2) consult with the agency created by the Act of August 20, 1958, and with other appropriate state or interstate authorities, including legislative committees; (3) think about whether the proposed standard is reasonable, practical, and right for the specific type of vehicle or equipment it covers; and (4) consider how much the standard helps carry out the purposes in section 30101.
(c) Cooperation
The Secretary may work with, advise, and assist other federal, state, and private agencies in developing motor vehicle safety standards.
(d) Effective Dates of Standards
The order creating a standard must state when it takes effect. A standard cannot take effect sooner than 180 days after it's issued, or later than one year after. The Secretary can pick a different effective date if there's good cause, shown publicly, that a different date serves the public interest.
(e) 5-Year Plan for Testing Standards
The Secretary must create, and regularly review and update, a 5-year plan to test motor vehicle safety standards that can be tested. In building the plan and setting testing priorities, the Secretary considers whatever factors fit section 30101 and the Secretary's other duties. The Secretary can change these priorities anytime for something more urgent. The plan in effect on December 18, 1991, could serve as the first plan.
(f) Motor Vehicle Safety Guidelines
(1) Guidelines the Secretary issues about motor vehicle safety don't create any legal rights for anyone, and they don't bind the Secretary or anyone else to follow the guidelines' recommended approach. When enforcing safety rules, the Secretary must point to an actual violation of a real statute, standard, or regulation — not just a guideline. The Secretary cannot base an enforcement action, or a consent order, on conduct that only conflicts with a guideline, unless that conduct also violates an actual statute, standard, or regulation.
(2) Nothing in this subsection gives the Secretary new authority to issue guidelines, or takes away any authority the Secretary already has to do so.
The Secretary of Transportation shall prescribe motor vehicle safety standards. Each standard shall be practicable, meet the need for motor vehicle safety, and be stated in objective terms.
When prescribing a motor vehicle safety standard under this chapter, the Secretary shall—
consider relevant available motor vehicle safety information;
consult with the agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State or interstate authorities (including legislative committees);
consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which it is prescribed; and
consider the extent to which the standard will carry out section 30101 of this title.
The Secretary may advise, assist, and cooperate with departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies in developing motor vehicle safety standards.
The Secretary shall specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard. A standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed. However, the Secretary may prescribe a different effective date after finding, for good cause shown, that a different effective date is in the public interest and publishing the reasons for the finding.
The Secretary shall establish and periodically review and update on a continuing basis a 5-year plan for testing motor vehicle safety standards prescribed under this chapter that the Secretary considers capable of being tested. In developing the plan and establishing testing priorities, the Secretary shall consider factors the Secretary considers appropriate, consistent with section 30101 of this title and the Secretary’s other duties and powers under this chapter. The Secretary may change at any time those priorities to address matters the Secretary considers of greater priority. The initial plan may be the 5-year plan for compliance testing in effect on December 18, 1991.
No guidelines issued by the Secretary with respect to motor vehicle safety shall confer any rights on any person, State, or locality, nor shall operate to bind the Secretary or any person to the approach recommended in such guidelines. In any enforcement action with respect to motor vehicle safety, the Secretary shall allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.
Nothing in this subsection shall be construed to confer any authority upon or negate any authority of the Secretary to issue guidelines under this chapter.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 944; Pub. L. 114–94, div. B, title XXIV, § 24406, Dec. 4, 2015, 129 Stat. 1725.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 944
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1725
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
all 0 arguments · sorted by: best
no arguments yet — make the first case