Title 49TransportationRelease 119-73

§33106 Exemption for passenger motor vehicles equipped with anti-theft devices

Title 49 › Subtitle SUBTITLE VI— - MOTOR VEHICLE AND DRIVER PROGRAMS › Part PART C— - INFORMATION, STANDARDS, AND REQUIREMENTS › Chapter CHAPTER 331— - THEFT PREVENTION › § 33106

Last updated Apr 6, 2026|Official source

Summary

Manufacturers can ask the Secretary of Transportation to let a whole line of passenger cars skip a federal anti-theft standard if the cars come with built-in anti-theft equipment that the maker believes works as well as the standard. An "anti-theft device" here means an extra theft-prevention feature beyond the devices required by federal rule 571.114, that the maker thinks will reduce theft, and that does not use lights or signals reserved by state law for police, emergency vehicles, or schoolbuses. "Standard equipment" means something the manufacturer puts in the car before it is sold, not an optional add-on. A petition must be filed at least 8 months before production of the first model year it covers and must describe the device, explain why it should work, and give any other information the Secretary asks for. The Secretary must decide within 120 days and can approve all or part of a petition; the decision must be based on substantial evidence. If no decision is made in 120 days, the petition is treated as approved for the next model year. Limits on how many vehicle lines can get exemptions depend on model years: up to 2 lines for 1987, up to 2 additional lines each year for 1988–1996, up to 1 additional line each year for 1997–2000, and a number set by the Attorney General after 2000. The Secretary can later cancel an exemption if the device proves less effective, but the cancellation applies only to a model year after the year of cancellation and no sooner than 6 months after the manufacturer gets written notice.

Full Legal Text

Title 49, §33106

Transportation — Source: USLM XML via OLRC

(a)In this section—
(1)“anti-theft device” means a device to reduce or deter theft that—
(A)is in addition to the theft-deterrent devices required by motor vehicle safety standard numbered 114 in section 571.114 of title 49, Code of Federal Regulations;
(B)the manufacturer believes will be effective in reducing or deterring theft of motor vehicles; and
(C)does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses.
(2)“standard equipment” means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first purchaser customarily has the option to have installed.
(b)(1)A manufacturer may petition the Secretary of Transportation for an exemption from a requirement of a standard prescribed under section 33102 or 33103 of this title for a line of passenger motor vehicles equipped as standard equipment with an anti-theft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard.
(2)The Secretary may grant an exemption—
(A)for model year 1987, for not more than 2 lines of a manufacturer;
(B)for each of the model years 1988–1996, for not more than 2 additional lines of a manufacturer;
(C)for each of the model years 1997–2000, for not more than one additional line of a manufacturer; and
(D)for each of the model years after model year 2000, for the number of lines that the Attorney General decides under section 33103(d)(3) of this title.
(3)An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted.
(c)A petition must be filed not later than 8 months before the start of production for the first model year covered by the petition. The petition must include—
(1)a detailed description of the device;
(2)the reasons for the manufacturer’s conclusion that the device will be effective in reducing and deterring theft of motor vehicles; and
(3)additional information the Secretary reasonably may require to make the decision described in subsection (b)(1) of this section.
(d)The Secretary shall make a decision about a petition filed under this section not later than 120 days after the date the petition is filed. A decision approving a petition must be based on substantial evidence. The Secretary may approve a petition in whole or in part. If the Secretary does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.
(e)The Secretary may rescind an exemption if the Secretary decides that the anti-theft device has not been as effective in reducing and deterring motor vehicle theft as compliance with the standard. A rescission may be effective only—
(1)for a model year after the model year in which the rescission occurs; and
(2)at least 6 months after the manufacturer receives written notice of the rescission from the Secretary.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 33106(a)(1)15:2025(e).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(1), (3), (b)–(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759. 33106(a)(2)15:2025(a)(3). 33106(b)15:2025(a)(1), (2).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759; Oct. 25, 1992, Pub. L. 102–519, § 304, 106 Stat. 3396. 33106(c)15:2025(b). 33106(d)15:2025(c). 33106(e)15:2025(d). In subsection (b)(1), the words “the application of any of” are omitted as surplus. The words “or lines” are omitted because of 1:1. In subsection (b)(2)(A), the words “for model year 1987” are substituted for “For the initial model year to which such standard applies” for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words “that the Attorney General decides” are substituted for “for which the Secretary may grant such an exemption (if any) shall be determined” for clarity and because of the restatement. In subsection (d), the words “for the line covered by the petition” are added for clarity. Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words. Pub. L. 103–429This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1082).

Editorial Notes

Amendments

1994—Subsec. (b)(3). Pub. L. 103–429 substituted “paragraph (2)(B) or (C) of this subsection” for “subparagraph (2)(B) or (C) of this paragraph”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 33106

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73