§30141 — Title 49 Transportation | U.S. Code

Summary

Allows a foreign-made vehicle to be imported even if it does not automatically meet U.S. rules, but only if three things happen. First, the Transportation Secretary decides the vehicle either is very similar to a U.S. model, is certified, is the same model year, and can be readily changed to meet U.S. safety rules, or, if no similar U.S. model exists, its safety parts meet or can be changed to meet rules based on test data. Second, a registered importer brings the vehicle in. Third, that importer pays an annual registration fee and any extra fees the Secretary sets to cover bond processing and decision costs. The Secretary must make clear rules for how to decide these cases, what information is needed, allow public notice and comment, consider test and manufacturer data, wait at least 3 calendar months after a denial before redeciding, and publish the decisions each year. A positive decision applies to that vehicle model and lets other registered importers import the same model if they follow the terms. The Secretary must also set registration rules for importers, including recordkeeping, inspections, and proof of technical and financial ability. Registrations can be denied, suspended, or revoked for violations, for missed fees, or for false certifications, and can be reinstated. Importers must post a bond with the Treasury to guarantee the vehicle will be fixed to meet standards within a reasonable time or will be exported or abandoned. The bond must be at least the vehicle’s dutiable value but no more than 150 percent of that value. The Secretary must review fees at least every 2 years and set yearly fees before the fiscal year; collected fees pay for running and supporting this program and reimbursing Treasury.

Title 49, §30141

Transportation — Source: USLM XML via OLRC

(a)section 30112(a) of this title does not apply to a motor vehicle if—

(1)on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under subsection (c) of this section, the Secretary decides—

(A)the vehicle is—

(i)substantially similar to a motor vehicle originally manufactured for import into and sale in the United States;

(ii)certified under section 30115 of this title;

(iii)the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and

(iv)capable of being readily altered to comply with applicable motor vehicle safety standards prescribed under this chapter; or

(B)if there is no substantially similar United States motor vehicle, the safety features of the vehicle comply with or are capable of being altered to comply with those standards based on destructive test information or other evidence the Secretary of Transportation decides is adequate;

(2)the vehicle is imported by a registered importer; and

(3)the registered importer pays the annual fee the Secretary of Transportation establishes under subsection (e) of this section to pay for the costs of carrying out the registration program for importers under subsection (c) of this section and any other fees the Secretary of Transportation establishes to pay for the costs of—

(A)processing bonds provided to the Secretary of the Treasury under subsection (d) of this section; and

(B)making the decisions under this subchapter.

(b)(1)The Secretary of Transportation shall establish by regulation procedures for making a decision under subsection (a)(1) of this section and the information a petitioner must provide to show clearly that the motor vehicle is capable of being brought into compliance with applicable motor vehicle safety standards prescribed under this chapter. In establishing the procedures, the Secretary shall provide for a minimum period of public notice and written comment consistent with ensuring expeditious, but complete, consideration and avoiding delay by any person. In making a decision under those procedures, the Secretary shall consider test information and other information available to the Secretary, including any information provided by the manufacturer. If the Secretary makes a negative decision, the Secretary may not make another decision for the same model until at least 3 calendar months have elapsed after the negative decision.

(2)The Secretary of Transportation shall publish each year in the Federal Register a list of all decisions made under subsection (a)(1) of this section. Each published decision applies to the model of the motor vehicle for which the decision was made. A positive decision permits another importer registered under subsection (c) of this section to import a vehicle of the same model under this section if the importer complies with all the terms of the decision.

(c)(1)The Secretary of Transportation shall establish procedures for registering a person who complies with requirements prescribed by the Secretary by regulation under this subsection, including—

(A)recordkeeping requirements;

(B)inspection of records and facilities related to motor vehicles the person has imported, altered, or both; and

(C)requirements that ensure that the importer (or a successor in interest) will be able technically and financially to carry out responsibilities under section 30117(b), 30118–30121, and 30166(f) of this title.

(2)The Secretary of Transportation shall deny registration to a person whose registration is revoked under paragraph (4) of this subsection.

(3)The Secretary of Transportation may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph (4) of this subsection.

(4)The Secretary of Transportation shall establish procedures for—

(A)revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of section 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this subchapter or any of those sections;

(B)automatically suspending a registration for not paying a fee under subsection (a)(3) of this section in a timely manner or for knowingly filing a false or misleading certification under section 30146 of this title; and

(C)reinstating suspended registrations.

(d)(1)A person importing a motor vehicle under this section shall provide a bond to the Secretary of the Treasury (acting for the Secretary of Transportation) and comply with the terms the Secretary of Transportation decides are appropriate to ensure that the vehicle—

(A)will comply with applicable motor vehicle safety standards prescribed under this chapter within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or

(B)will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government.

(2)The amount of the bond provided under this subsection shall be at least equal to the dutiable value of the motor vehicle (as determined by the Secretary of the Treasury) but not more than 150 percent of that value.

(e)The Secretary of Transportation shall review and make appropriate adjustments at least every 2 years in the amounts of the fees required to be paid under subsection (a)(3) of this section. The Secretary of Transportation shall establish the fees for each fiscal year before the beginning of that year. All fees collected remain available until expended without fiscal year limit to the extent provided in advance by appropriation laws. The amounts are only for use by the Secretary of Transportation—

(1)in carrying out this section and section 30146(a)–(c)(1), (d), and (e) and 30147(b) of this title; and

(2)in advancing to the Secretary of the Treasury amounts for costs incurred under this section and section 30146 of this title to reimburse the Secretary of the Treasury for those costs.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 30141(a)15:1397(c)(3)(A), (C)(i).Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(c)(2), (3)(A)–(D); added Oct. 31, 1988, Pub. L. 100–562, § 2(b), 102 Stat. 2818. 30141(b)15:1397(c)(3)(C) (ii)–(iv). 30141(c)15:1397(c)(3)(D). 30141(d)15:1397(c)(2). 30141(e)15:1397(c)(3)(B). In subsection (a)(1)(A)(iv), the words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter. In subsection (a)(3), before clause (A), the words “any other fees” are substituted for “such other annual fee or fees” to eliminate unnecessary words. In clause (B), the words “this subchapter” are substituted for “this section” for clarity. See H. Rept. No. 100–431, 100th Cong., 1st Sess., p. 19 (1987). In subsection (b)(1), the words “procedures for making a decision under subsection (a)(1) of this section” are substituted for “procedures for considering such petitions” and “procedures for determinations made on the Secretary’s initiative” because of the restatement. The words “(whether or not confidential)” are omitted as unnecessary because of the restatement. In subsection (b)(2), the word “permits” is substituted for “shall be sufficient authority” for clarity. The word “conditions” is omitted as being included in “terms”. In subsection (c)(1), before clause (A), the words “under this subsection” are added for clarity. The word “including” is substituted for “include, as a minimum” to eliminate unnecessary words. In clause (B), the words “(relating to discovery, notification, and remedy of defects)” are omitted as surplus. In subsection (c)(3), the words “directly or indirectly” are omitted as unnecessary because of the restatement. In subsection (d)(1), before clause (A), the word “conditions” is omitted as being included in “terms”. Pub. L. 103–429This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.

Editorial Notes

Amendments

1994—Subsec. (c)(4)(A). Pub. L. 103–429 substituted “any of section 30112” for “section 30112” and inserted “any of” before “those sections”.

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.

§30141 Importing Motor Vehicles Capable of Complying with Standards