§32506 — Title 49 Transportation | U.S. Code

Summary

It makes it illegal to make, sell, offer, introduce into interstate commerce, or import a passenger vehicle or vehicle part made on or after a required safety standard takes effect unless it meets that standard. It also makes it illegal to ignore rules under this law, fail to keep or share required records, refuse inspections or reports, or fail to give a required certificate or give one that is knowingly false or misleading. There are narrow exceptions. Sales after the first good-faith purchase (not for resale) are allowed. A seller is excused if they reasonably had no reason to know of a defect or if they relied on a prior compliance certificate. The Transportation and Treasury Departments can set rules to let noncomplying items be imported under conditions (such as a bond) to ensure they are fixed, exported, or abandoned. Meeting a safety standard does not remove other legal liability.

Title 49, §32506

Transportation — Source: USLM XML via OLRC

(a)Except as provided in this section and section 32502 of this title, a person may not—

(1)manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the date an applicable standard under section 32502 of this title takes effect, unless it conforms to the standard;

(2)fail to comply with an applicable regulation prescribed by the Secretary of Transportation under this chapter;

(3)fail to keep records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter or a regulation prescribed under this chapter; or

(4)fail to provide the certificate required by section 32504 of this title, or provide a certificate that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect.

(b)Subsection (a)(1) of this section does not apply to—

(1)the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a passenger motor vehicle or passenger motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale (but this clause does not prohibit a standard from requiring that a vehicle or equipment be manufactured to comply with the standard over a specified period of operation or use); or

(2)a person—

(A)establishing that the person had no reason to know, by exercising reasonable care, that the vehicle or equipment does not comply with the standard; or

(B)holding, without knowing about a noncompliance and before that first purchase, a certificate issued under section 32504 of this title stating that the vehicle or equipment complies with the standard.

(c)(1)The Secretaries of Transportation and the Treasury may prescribe joint regulations authorizing a passenger motor vehicle or passenger motor vehicle equipment not complying with a standard prescribed under section 32502 of this title to be imported into the United States subject to conditions (including providing a bond) the Secretaries consider appropriate to ensure that the vehicle or equipment will—

(A)comply, after importation, with the standards prescribed under section 32502 of this title;

(B)be exported; or

(C)be abandoned to the United States Government.

(2)The Secretaries may prescribe joint regulations that allow a passenger motor vehicle or passenger motor vehicle equipment to be imported into the United States after the first purchase in good faith other than for resale.

(d)Compliance with a standard under this chapter does not exempt a person from liability provided by law.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 32506(a)15:1916(a).Oct. 20, 1972, Pub. L. 92–513, § 106, 86 Stat. 952. 32506(b)15:1916(b)(1), (2). 32506(c)15:1916(b)(3), (4). 32506(d)15:1916(c). In subsection (a)(4), the words “required by such subsection to the effect that a passenger motor vehicle or passenger motor vehicle equipment conforms to all applicable bumper standards” are omitted as surplus. In subsection (c)(1), before clause (A), the word “conditions” is substituted for “such terms and conditions” to eliminate unnecessary words. In clause (A), the words “comply, after importation” are substituted for “brought into conformity” for clarity and consistency.

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–277 inserted “and section 32502 of this title” after “Except as provided in this section” in introductory provisions.

§32506 Prohibited acts