§33108 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation can require car makers and makers of big replacement parts covered by the theft-prevention rules to keep records, send reports, provide information, and let a government worker inspect their vehicles, parts, and relevant records. An inspector may enter a factory or storage place after showing ID and giving written notice to the owner or person in charge. Inspections must happen at reasonable times, in a reasonable way, and without unnecessary delay. When a manufacturer delivers a vehicle or a major replacement part, it must include a written certification that the item meets the motor vehicle theft-prevention standard. That certificate must stay with the vehicle or part until the first buyer gets it. The rule does not apply if the vehicle or part is only for export, is labeled for export, and is actually exported. If a manufacturer finds an error in the required identification on a major part it installed or made, and the vehicle or part has been sent or sold across state lines, the manufacturer must tell the Secretary.

Title 49, §33108

Transportation — Source: USLM XML via OLRC

(a)To enable the Secretary of Transportation to decide whether a manufacturer of motor vehicles containing a part subject to a standard prescribed under section 33102 or 33103 of this title, or a manufacturer of major replacement parts subject to the standard, is complying with this chapter and the standard, the Secretary may require the manufacturer to—

(1)keep records;

(2)make reports;

(3)provide items and information; and

(4)allow an officer or employee designated by the Secretary to inspect the vehicles and parts and relevant records of the manufacturer.

(b)To enforce this chapter, an officer or employee designated by the Secretary, on presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, may inspect a facility in which motor vehicles containing major parts subject to the standard, or major replacement parts subject to the standard, are manufactured, held for introduction into interstate commerce, or held for sale after introduction into interstate commerce. An inspection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness.

(c)(1)A manufacturer of a motor vehicle subject to the standard, and a manufacturer of a major replacement part subject to the standard, shall provide at the time of delivery of the vehicle or part a certification that the vehicle or part conforms to the applicable motor vehicle theft prevention standard. The certification shall accompany the vehicle or part until its delivery to the first purchaser. The Secretary by regulation may prescribe the type and form of the certification.

(2)This subsection does not apply to a motor vehicle or major replacement part that is—

(A)intended only for export;

(B)labeled only for export on the vehicle or replacement part and the outside of any container until exported; and

(C)exported.

(d)A manufacturer shall notify the Secretary if the manufacturer discovers that—

(1)there is an error in the identification (required by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major replacement part manufactured by the manufacturer; and

(2)the motor vehicle or major replacement part has entered interstate commerce.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 33108(a)15:2026(a).Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 606; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2760. 33108(b)15:2026(b). 33108(c)15:2026(c). 33108(d)15:2026(d). In subsection (a), before clause (1), the words “is complying” are substituted for “has acted or is acting in compliance” and “determining whether such manufacturer has acted or is acting in compliance” to eliminate unnecessary words. The word “reasonably” is omitted as surplus. In clause (1), the word “keep” is substituted for “establish and maintain” for consistency in the revised title and to eliminate unnecessary words. In clause (4), the words “upon request”, “duly”, and “such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe” are omitted as surplus. In subsection (b), the words “duly” and “enter and” are omitted as surplus. In subsection (c)(2)(B), the words “or tagged” and “if any” are omitted as surplus. Subsection (d) is substituted for 15:2026(d) for clarity.

§33108 Monitoring Compliance of Manufacturers

Summary

Title 49, §33108

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata