§30146 — Title 49 Transportation | U.S. Code

Summary

Registered importers must wait 30 days after they tell the Secretary of Transportation that an imported vehicle meets the safety rules for its model year before they can register, license, or give the vehicle to someone to drive on public roads. The Transportation Secretary can send written notice during that 30‑day wait to inspect the vehicle. If the Secretary does so, the vehicle can only be released after the inspection shows the vehicle meets the safety rules and the Secretary approves. The Transportation and Treasury Secretaries must make rules to carry out these steps. Each released vehicle must carry a label saying which importer altered it and that it was changed to meet the safety rules. An importer may rely on the vehicle maker’s certification for a similar model if the importer says its changes did not affect safety and keeps records for the time the Transportation Secretary requires. The Secretary can ask for evidence or inspect vehicles and must inspect a representative sample now and then. If the Secretary, within 30 days, thinks a certification is false or misleading, the vehicle and bond cannot be released until the Secretary is satisfied and any needed changes are made. Releasing the bond counts as accepting the certification or finishing the inspection, but it does not mean the Secretary has formally decided the vehicle fully complies with all standards.

Title 49, §30146

Transportation — Source: USLM XML via OLRC

(a)(1)Except as provided in subsections (c) and (d) of this section, an importer registered under section 30141(c) of this title may license or register an imported motor vehicle for use on public streets, roads, or highways, or release custody of a motor vehicle imported by the registered importer or imported by an individual under section 30142 of this title and altered by the registered importer to meet applicable motor vehicle safety standards prescribed under this chapter to a person for license or registration for use on public streets, roads, or highways, only after 30 days after the registered importer certifies to the Secretary of Transportation, in the way the Secretary prescribes, that the motor vehicle complies with each standard prescribed in the year the vehicle was manufactured and that applies in that year to that vehicle. A vehicle may not be released if the Secretary gives written notice before the end of the 30-day period that the Secretary will inspect the vehicle under subsection (c) of this section.

(2)The Secretaries of Transportation and the Treasury shall prescribe regulations—

(A)ensuring the release of a motor vehicle and bond required under section 30141(d) of this title at the end of the 30-day period, unless the Secretary of Transportation issues a notice of an inspection under subsection (c) of this section; and

(B)providing that the Secretary of Transportation shall release the vehicle and bond promptly after an inspection under subsection (c) of this section showing compliance with the standards applicable to the vehicle.

(3)Each registered importer shall include on each motor vehicle released under this subsection a label prescribed by the Secretary of Transportation identifying the importer and stating that the vehicle has been altered by the importer to comply with the standards applicable to the vehicle.

(b)In making a certification under subsection (a)(1) of this section, the registered importer may rely on the manufacturer’s certification for the model to which the motor vehicle involved is substantially similar if the importer certifies that any alteration made by the importer did not affect the compliance of the safety features of the vehicle and the importer keeps records verifying the certification for the period the Secretary of Transportation prescribes.

(c)(1)The Secretary of Transportation may require that the certification under subsection (a)(1) of this section be accompanied by evidence of compliance the Secretary considers appropriate or may inspect the certified motor vehicle, or both. If the Secretary gives notice of an inspection, an importer may release the vehicle only after—

(A)an inspection showing the motor vehicle complies with applicable motor vehicle safety standards prescribed under this chapter for which the inspection was made; and

(B)release of the vehicle by the Secretary.

(2)The Secretary of Transportation shall inspect periodically a representative number of motor vehicles for which certifications have been filed under subsection (a)(1) of this section. In carrying out a motor vehicle testing program under this chapter, the Secretary shall include a representative number of motor vehicles for which certifications have been filed under subsection (a)(1).

(d)A motor vehicle or bond may not be released under subsection (a) of this section if the Secretary of Transportation, not later than 30 days after receiving a certification under subsection (a)(1) of this section, gives written notice that the Secretary believes or has reason to believe that the certification is false or contains a mispresentation.11 So in original. Probably should be “misrepresentation.” The vehicle and bond may be released only after the Secretary is satisfied with the certification and any modification of the certification.

(e)A release of a bond required under section 30141(d) of this title is deemed an acceptance of a certification or completion of an inspection under this section but is not a decision by the Secretary of Transportation under section 30118(a) or (b) of this title of compliance with applicable motor vehicle safety standards prescribed under this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30146(a)15:1397(c)(3)(E)(i) (1st, 3d, last sentences), (vii).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(c)(3)(E); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2820. 30146(b)15:1397(c)(3)(E)(ii). 30146(c)15:1397(c)(3)(E)(i) (2d sentence), (iii), (iv). 30146(d)15:1397(c)(3)(E)(vi). 30146(e)15:1397(c)(3)(E)(v). In subsection (a)(1), the words “Except as provided in subsections (c) and (d) of this section” are added because of the restatement. In subsection (a)(2)(B), the words “showing compliance with the standards” are substituted for “showing no such failure to comply” for clarity.

§30146 Release of motor vehicles and bonds

Summary

Title 49, §30146

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata