49 U.S.C. § 30147 — Responsibility for defects and noncompliance
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 216 words · no verdicts yet
A registered importer is legally treated as the vehicle's manufacturer for recall and defect-notice purposes, and an imported vehicle found similar to a U.S.-market model is presumed to share that model's defects unless proven otherwise. Importers must also prove they have enough financial resources to cover their recall and compliance obligations.
(a) Deeming defect or noncompliance to certain vehicles, and treating the importer as manufacturer. (1) In carrying out sections 30117(b), 30118 through 30121, and 30166(f): (A) for a defect or noncompliance with an applicable safety standard found in a motor vehicle originally made for import into the United States, an imported vehicle with a valid certification under section 30146(a)(1) that was decided to be substantially similar is presumed to have the same defect or noncompliance, unless the manufacturer or the registered importer proves otherwise to the Secretary of Transportation; and (B) the registered importer is treated as the manufacturer of any vehicle it imports or brings into compliance with the standards on behalf of an individual under section 30142. (2) The Secretary must publish in the Federal Register notice of any defect or noncompliance found under paragraph (1)(A).
(b) Financial responsibility requirement. By regulation, the Secretary must require every registered importer, including any successor in interest, to provide and maintain evidence, satisfactory to the Secretary, that it has enough financial resources to meet its obligations under sections 30117(b), 30118 through 30121, and 30166(f).
In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title—
for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this title demonstrates otherwise to the Secretary of Transportation; and
the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under section 30142 of this title.
The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.
The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 966.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 966
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