§30164 — Title 49 Transportation | U.S. Code

Summary

Manufacturers who want to import cars or vehicle parts must pick an agent in writing and file that name with the Secretary of Transportation. The agent can be served at work or at home, and that counts as serving the manufacturer. If no agent is named, the Secretary may post the notice in the Secretary’s office. On request, manufacturers must give identifying and tracking information the Secretary needs, like product name, maker’s address, and the retailers or distributors they supplied. The Secretary can make rules that stop imports unless manufacturers follow these and related safety, record, inspection, and remedy rules. Manufacturers must get a chance to present information before import limits, and they can ask to have import rights restored. The ID and rule duties do not apply to original manufacturers (or their wholly owned subsidiaries) that, before the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, had imported certified vehicles, filed the manufacturer ID under part 566 of title 49, and, if applicable, named an agent under part 551 of title 49. The Secretary should coordinate with the Department of Homeland Security to avoid duplicate rules.

Title 49, §30164

Transportation — Source: USLM XML via OLRC

(a)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 The designation may be changed in the same way as originally made.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)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)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)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)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)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