PRIA, Government Policy, Made Personal

Summary

Manufacturers, distributors, dealers, rental companies, and repair shops must not on purpose disable any safety device or design feature that was put in a vehicle to meet federal safety rules. A motor vehicle repair business means a person who advertises or offers to fix vehicles or vehicle parts for pay. They may only make a device inoperative if they reasonably believe the vehicle or equipment will not be used while it is turned off, except for testing or similar use during maintenance or repair. The Transportation Secretary can issue rules to allow some exemptions and to define what “disable” means.

Title 49, §30122

Transportation, Source: USLM XML via OLRC

(a)Definition.—

In this section, “motor vehicle repair business” means a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment.

(b)Prohibition.—

A manufacturer, distributor, dealer, rental company, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the manufacturer, distributor, dealer, rental company, or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.

(c)Regulations.—

The Secretary of Transportation may prescribe regulations—

(1)to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety and section 30101 of this title; and

(2)to define “make inoperative”.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30122(a)15:1397(a)(2)(A) (last sentence).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(a)(2)(A)– (C); added Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), 88 Stat. 1477. 30122(b)15:1397(a)(2)(A) (1st sentence). 30122(c)15:1397(a)(2)(B). 30122(d)15:1397(a)(2)(C). In subsections (a) and (c), the words “the term” are omitted as surplus. In subsection (a), the words “in the business of” are omitted as surplus. In subsection (b), the words “an applicable motor vehicle safety standard prescribed under this chapter” are substituted for “an applicable Federal motor vehicle safety standard” for consistency. The words “of design” the 2d time they appear and “rendered” are omitted as surplus. In subsection (c)(1), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise. In subsection (d), the words “with respect . . . the rendering inoperative of” are omitted as surplus.

Editorial Notes

Amendments

2015—Subsec. (b). Pub. L. 114–94 inserted “rental company,” after “dealer,” in two places. 2012—Subsec. (d). Pub. L. 112–141 struck out subsec. (d). Text read as follows: “This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–94 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title.

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§30122 Making Safety Devices and Elements Inoperative

Summary

Title 49, §30122

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata