§30103 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation cannot make a safety rule for a motor vehicle covered by subchapter I of chapter 135 that conflicts with the federal motor vehicle safety standards in this chapter. The Secretary can, however, require a higher performance standard after the vehicle is made for vehicles run by carriers under subchapter I of chapter 135. When a federal safety standard is in effect, a State or local government may only have a rule about the same safety issue if it is exactly the same as the federal rule. The U.S. Government, a State, or a local government may impose a tougher standard for vehicles it buys for its own use, and a State may enforce a state rule that matches the federal standard. The chapter does not change antitrust law: it does not make illegal conduct legal or make legal conduct illegal. Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) do not create or change warranty duties under federal or state law. Remedies under those sections and under sections 30161 and 30162 are extra rights in addition to other legal remedies. Following a federal motor vehicle safety standard does not free someone from common-law liability.

Title 49, §30103

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation may not prescribe a safety regulation related to a motor vehicle subject to subchapter I of chapter 135 of this title that differs from a motor vehicle safety standard prescribed under this chapter. However, the Secretary may prescribe, for a motor vehicle operated by a carrier subject to subchapter I of chapter 135, a safety regulation that imposes a higher standard of performance after manufacture than that required by an applicable standard in effect at the time of manufacture.

(b)(1)When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter.

(2)A State may enforce a standard that is identical to a standard prescribed under this chapter.

(c)This chapter does not—

(1)exempt from the antitrust laws conduct that is unlawful under those laws; or

(2)prohibit under the antitrust laws conduct that is lawful under those laws.

(d)section 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) of this title do not establish or affect a warranty obligation under a law of the United States or a State. A remedy under those sections and section 30161 and 30162 of this title is in addition to other rights and remedies under other laws of the United States or a State.

(e)Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30103(a)15:1392(g).Sept. 9, 1966, Pub. L. 89–563, §§ 103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727. 30103(b)15:1392(d).Sept. 9, 1966, Pub. L. 89–563, § 103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97–331, § 3, 96 Stat. 1619. 30103(c)15:1405. 30103(d)15:1394(a)(6). 15:1410a(e).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§ 124(e), 160; added Oct. 27, 1974, Pub. L. 93–492, §§ 102(a), 106, 88 Stat. 1477, 1481. 15:1420. 30103(e)15:1397(k).Sept. 9, 1966, Pub. L. 89–563, § 108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818. In subsection (a), the words “or the Transportation of Explosives Act, as amended (18 U.S.C. 831–835)” are omitted as obsolete because 18:831–835 have been repealed. The word “prescribe” is substituted for “adopt” for consistency. The words “or continue in effect” and “In prescribing safety

Regulations

” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency. The words “to comply” and “Federal” are omitted as surplus. The words “in effect” are added for clarity. In subsection (b)(1), the word “Federal” is omitted as surplus. The word “prescribe” is substituted for “either to establish, or to continue in effect” for consistency and to eliminate unnecessary words. The words “standard prescribed under this chapter” are substituted for “Federal standard” for clarity. The words “However, the United States . . . may prescribe” are substituted for “Nothing in this section shall be construed to prevent the Federal . . . from establishing” for consistency. The words “of a State” are substituted for “thereof” for clarity. The word “standard” is substituted for “safety requirement” for consistency. The words “performance requirement” are substituted for “standard of performance” to avoid using “standard” in 2 different ways. Subsection (b)(2) is substituted for 15:1392(d) (2d sentence) for consistency and to eliminate unnecessary words. In subsection (c), the words “be deemed to” and “of the United States” are omitted as surplus. In subsection (d), the words “United States” are substituted for “Federal” in 15:1420 for consistency. The words “Consumer” in 15:1420, “not in lieu of” in 15:1410a(e) and 1420, and “not in substitution for” in 15:1394(a)(6) are omitted as surplus. The word “other” is added for clarity.

Editorial Notes

Amendments

1995—Subsec. (a). Pub. L. 104–88 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of this title.

§30103 Relationship to Other Laws

Summary

Title 49, §30103

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata