§30161 — Title 49 Transportation | U.S. Code

Summary

If someone is harmed by an order that creates a motor vehicle safety standard, they can ask a U.S. court of appeals to review it. They must file the petition in the appeals court for the circuit where they live or have their main business, and they must do this within 59 days of the order. The court clerk must send a copy right away to the Secretary of Transportation, and the Secretary must file the case record with the court. If the petitioner asks, the court can order the Secretary to accept new or rebuttal evidence if it matters and there was a good reason it was not shown earlier. The Secretary can change findings because of that evidence and must file any new findings, a recommendation to change or cancel the order, and the extra evidence. Anyone can get a certified copy of the record transcript if they ask and pay costs, and that certified record can be used in related cases. A court judgment here is final and can only be reviewed by the Supreme Court under section 1254 of title 28.

Title 49, §30161

Transportation — Source: USLM XML via OLRC

(a)A person adversely affected by an order prescribing a motor vehicle safety standard under this chapter may apply for review of the order by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 59 days after the order is issued.

(b)The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the order was prescribed.

(c)(1)On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence in rebuttal if the court is satisfied that the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary.

(2)The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside the order, and the additional evidence with the court.

(d)The Secretary shall give any interested person a certified copy of the transcript of the record in a proceeding under this section on request and payment of costs. A certified copy of the record of the proceeding is admissible in a proceeding arising out of a matter under this chapter, regardless of whether the proceeding under this section has begun or becomes final.

(e)A judgment of a court under this section is final and may be reviewed only by the Supreme Court under section 1254 of title 28.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30161(a)15:1394(a)(1) (1st sentence), (3).Sept. 9, 1966, Pub. L. 89–563, § 105(a)(1)–(5), (b), 80 Stat. 720, 721. 30161(b)15:1394(a)(1) (2d, last sentences). 30161(c)15:1394(a)(2). 30161(d)15:1394(b). 30161(e)15:1394(a)(4), (5). In subsection (a), the words “In a case of actual controversy as to the validity of” and “who will be . . . when it is effective” are omitted as surplus. The words “an order prescribing a motor vehicle safety standard under this chapter” are substituted for “any order under section 1392 of this title” for consistency. The words “apply for review” are added for clarity. The words “The petition must be filed” are substituted for “at any time” for clarity. The text of 15:1394(a)(3) is omitted as surplus because 5:ch. 7 applies unless otherwise stated. In subsection (b), the words “or other officer designated by him for that purpose” are omitted as surplus because of 49:322(b). The words “in which the order was prescribed” are substituted for “on which the Secretary based his order” for consistency. The words “as provided in section 2112 of title 28” are omitted as surplus. In subsection (c)(1), the words “in such manner and upon such terms and conditions as to the court may seem proper” are omitted as surplus. The words “is satisfied” are substituted for “shows to the satisfaction of” to eliminate unnecessary words. The words “and to be adduced upon the hearing” are omitted as unnecessary. In subsection (c)(2), the words “with the court” are substituted for “the return of” for clarity. In subsection (d), the words “thereof” and “criminal, exclusion of imports, or other” are omitted as surplus. The words “under this section” are substituted for “with respect to the order” for clarity. The word “previously” is omitted as surplus. In subsection (e), the words “under this section is final and may be reviewed only” are substituted for “affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review” to eliminate unnecessary words. The text of 15:1394(a)(5) is omitted because of rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.).

§30161 Judicial review of standards

Summary

Title 49, §30161

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata