PRIA, Government Policy, Made Personal

Summary

Manufacturers who offer a motor vehicle or vehicle equipment for import must name a written agent and file that name with the Secretary of Transportation so the agent can receive legal notices and court papers. Delivering papers to the agent at their office or home counts as delivering them to the maker. If no agent is named, notices can be posted at the Secretary’s office. Makers and importers must also give, when asked, information needed to identify and track the products, such as the product name, the maker’s address, and which retailers or distributors were supplied. The Secretary can make rules that stop imports unless makers follow these naming and information rules, other safety and record-keeping rules, allow inspections, fix problems when ordered or agreed, and follow any related rules. The maker must be allowed to present information before import limits are set and can ask to have import rights restored. Companies that, before the Motor Vehicle and Highway Safety Improvement Act of 2012 took effect, already imported certified vehicles, filed ID under part 566, and (if needed) named an agent under part 551 are not subject to the naming and rule conditions. The Secretary should work with the Department of Homeland Security to avoid duplicate requirements.

Title 49, §30164

Transportation, Source: USLM XML via OLRC

(a)Designating Agents.—

A manufacturer offering a motor vehicle or motor vehicle equipment for import shall designate an agent on whom service of notices and process in administrative and judicial proceedings may be made. The designation shall be in writing and filed with the Secretary of Transportation. The designation may be changed in the same way as originally made.

(b)Service.—

An agent may be served at the agent’s office or usual place of residence. Service on the agent is deemed to be service on the manufacturer. If a manufacturer does not designate an agent, service may be made by posting the notice or process in the office of the Secretary.

(c)Identifying Information.—

A manufacturer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall provide, upon request, such information that is necessary to identify and track the products as the Secretary, by rule, may specify, including—

(1)the product by name and the manufacturer’s address; and

(2)each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over which the Secretary has jurisdiction under this chapter.

(d)Regulations on the Import of a Motor Vehicle.—

The Secretary may issue regulations that—

(1)condition the import of a motor vehicle or motor vehicle equipment on the manufacturer’s compliance with—

(A)the requirements under this section;

(B)paragraph (1) or (3) of section 30112(a) with respect to such motor vehicle or motor vehicle equipment;

(C)the provision of reports and records required to be maintained with respect to such motor vehicle or motor vehicle equipment under this chapter;

(D)a request for inspection of premises, vehicle, or equipment under section 30166;

(E)an order or voluntary agreement to remedy such vehicle or equipment; or

(F)any rules implementing the requirements described in this subsection;

(2)provide an opportunity for the manufacturer to present information before the Secretary’s determination as to whether the manufacturer’s imports should be restricted; and

(3)establish a process by which a manufacturer may petition for reinstatement of its ability to import motor vehicles or motor vehicle equipment.

(e)Exception.—

The requirements of subsections (c) and (d) shall not apply to original manufacturers (or wholly owned subsidiaries) of motor vehicles that, prior to the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012—

(1)have imported motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards;

(2)have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and

(3)if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.

(f)Rulemaking.—

In issuing regulations under this section, the Secretary shall seek to reduce duplicative requirements by coordinating with the Department of Homeland Security.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30164(a)15:1399(e) (1st sentence).Sept. 9, 1966, Pub. L. 89–563, § 110(e), 80 Stat. 724. 30164(b)15:1399(e) (last sentence). In subsection (a), the words “A manufacturer offering . . . shall” are substituted for “It shall be the duty of every manufacturer offering . . . to” to eliminate unnecessary words. The words “into the United States”, “all . . . orders, decisions and requirements”, and “for and on behalf of said manufacturer” are omitted as surplus. The words “The designation may be changed in the same way as originally made” are substituted for “which designation may from time to time be changed by like writing, similarly filed” for clarity. In subsection (b), the words “An agent may be served” are substituted for “Service of all administrative and judicial processes, notices, orders, decisions and requirements may be made upon said manufacturer by service upon such designated agent” to eliminate unnecessary words. The words “Service on the agent is deemed to be service on the manufacturer” are substituted for “with like effects as if made personally upon said manufacturer”, and the words “If a manufacturer does not designate an agent” are substituted for “and in default of such designation of such agent”, for clarity. The words “of process, notice, order, requirement or decision in any proceeding before the Secretary or in any judicial proceeding for

Enforcement

of this subchapter or any standards prescribed pursuant to this subchapter” and “order, requirement or decision” are omitted as surplus.

Editorial Notes

References in Text

The date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (e), is the date of enactment of title I of div. C of Pub. L. 112–141, which was approved July 6, 2012.

Amendments

2012—Pub. L. 112–141, § 31208(2)(A), inserted “; conditions on importation of vehicles and equipment” after “process” in section catchline. Subsecs. (c) to (f). Pub. L. 112–141, § 31208(2)(B), added subsecs. (c) to (f).

Statutory Notes and Related Subsidiaries

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.

§30164 Service of Process; Conditions on Importation of Vehicles and Equipment