CHAPTER 325 —BUMPER STANDARDS
Editorial Notes
Amendments
1998—
§32501. Purpose
The purpose of this chapter is to reduce economic loss resulting from damage to passenger motor vehicles involved in motor vehicle accidents by providing for the maintenance and enforcement of bumper standards.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32501 | 15:1911. | Oct. 20, 1972, |
The words "The Congress finds that it is necessary" are omitted as surplus. The word "maintenance" is substituted for "promulgation" for clarity.
§32502. Bumper standards
(a)
(1) intended only for export;
(2) labeled for export on the vehicle or equipment and the outside of any container of the vehicle or equipment; and
(3) exported.
(b)
(1) may not conflict with a motor vehicle safety standard prescribed under
(2) may not specify a dollar amount for the cost of repairing damage to a passenger motor vehicle; and
(3) to the greatest practicable extent, may not preclude the attachment of a detachable hitch.
(c)
(1) a multipurpose passenger vehicle;
(2) a make, model, or class of a passenger motor vehicle manufactured for a special use, if the standard would interfere unreasonably with the special use of the vehicle; or
(3) a passenger motor vehicle for which an application for an exemption under section 30013(b) 1 of this title has been filed in accordance with the requirements of that section.
(d)
(1) the costs and benefits of carrying out the standard;
(2) the effect of the standard on insurance costs and legal fees and costs;
(3) savings in consumer time and inconvenience; and
(4) health and safety, including emission standards.
(e)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32502(a) | 15:1912(a). | Oct. 20, 1972, |
| 32502(b)(1) | 15:1912(b)(2). | |
| 32502(b)(2) | 15:1901(6) (words after semicolon). | Oct. 20, 1972, |
| 32502(b)(3) | 15:1912(c)(2). | |
| 32502(c) | 15:1912(c)(1). | |
| 32502(d) | 15:1912(b)(1). | |
| 32502(e) | 15:1912(e). | |
| 32502(f) | 15:1912(d). | |
| 32502(g) | 15:1914(d). |
In subsection (a), before clause (1), the words "Subject to subsections (b) through (e) of this section" are omitted as surplus. The words "shall prescribe by regulation" are substituted for "by rule . . . shall promulgate" for clarity. The words "may prescribe by regulation" are substituted for "by rule . . . may promulgate" for consistency.
In subsection (c), before clause (1), the words "In promulgating any bumper standard under this subchapter" are omitted as surplus. The words "from any part of a standard" are substituted for "partially or completely" for clarity and consistency.
In subsection (d), before clause (1), the words "to the public" are substituted for "to the public and to the consumer" because they are inclusive. In clause (2), the word "prospective" is omitted as surplus.
In subsection (e), the words "
In subsection (f), the words "However, the Secretary may prescribe a later date when the Secretary submits" are substituted for "unless the Secretary presents" for clarity. The word "reasons" is substituted for "a detailed explanation of the reasons" to eliminate unnecessary words.
Editorial Notes
Amendments
1998—Subsec. (c).
Subsec. (c)(3).
Statutory Notes and Related Subsidiaries
Hood and Bumper Standards
"(a)
"(b)
"(1) the incorporation or consideration of advanced crash-avoidance technology in existing motor vehicle standards;
"(2) the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, or other vulnerable road users;
"(3) the development of performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technology, including technology relating to vulnerable road user safety;
"(4) potential harmonization with global standards, including United Nations Economic Commission for Europe Regulation Number 42; and
"(5) such other information and analyses as the Secretary determines to be necessary.
"(c)
"(1) the current status of hood and bumper standards;
"(2) relevant advanced crash-avoidance technology;
"(3) actions needed to be carried out to develop performance test criteria; and
"(4) if applicable, a plan for incorporating advanced crash-avoidance technology, including technology relating to vulnerable road user safety, in existing standards."
1 So in original. Probably should be section "30113(b)".
§32503. Judicial review of bumper standards
(a)
(b)
(c)
(2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside a standard, and the additional evidence with the court.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32503(a) | 15:1913(a) (1st sentence), (c). | Oct. 20, 1972, |
| 32503(b) | 15:1913(a) (2d, last sentences). | |
| 32503(c) | 15:1913(b). | |
| 32503(d) | 15:1913(d), (e). |
In subsection (a), the words "may apply for" are added for clarity. The text of 15:1913(c) is omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (b), the words "or his delegate" and "thereupon" are omitted as surplus. The words "in which the standard was prescribed" are substituted for "on which the Secretary based his rule, as provided in
In subsection (c)(1), the words "On request of the petitioner" are substituted for "If the petitioner applies to the court for leave to adduce" to eliminate unnecessary words. The words "the Secretary to receive" are substituted for "to be taken before the Secretary, and to be adduced in a hearing" for clarity. The words "in such manner and upon such terms and conditions as the court may deem proper" are omitted as surplus.
In subsection (c)(2), the words "with the court" are substituted for "with the return of" for clarity.
In subsection (d), the words "affirming or setting aside, in whole or in part, any such rule of the Secretary" are omitted as surplus. The words "may be reviewed only" are substituted for "shall be final, subject to review" for clarity. The words "and not in lieu of" are omitted as surplus.
§32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transportation, a manufacturer or distributor of a passenger motor vehicle or passenger motor vehicle equipment subject to a standard prescribed under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32504 | 15:1915(c). | Oct. 20, 1972, |
The words "Under regulations prescribed by the Secretary of Transportation" are substituted for 15:1915(c)(1) (last sentence) to eliminate unnecessary words. The text of 15:1915(c)(2) is omitted as surplus because this section only applies to a vehicle or equipment subject to a standard prescribed under section 32502 of the revised title, and a standard prescribed under that section does not apply to a vehicle or equipment intended only for export, labeled for export, and exported.
§32505. Information and compliance requirements
(a)
(A) keep records;
(B) make reports;
(C) provide items and information, including vehicles and equipment for testing at a negotiated price not more than the manufacturer's cost; and
(D) allow an officer or employee designated by the Secretary to inspect vehicles and relevant records of the manufacturer.
(2) 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 passenger motor vehicles or passenger motor vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce. An inspection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness.
(b)
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for any judicial district in which the proceeding by the Secretary is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court.
(c)
(A) to another officer or employee of the United States Government for use in carrying out this chapter; or
(B) in a proceeding under this chapter.
(2) This subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.
(3) Subject to paragraph (1) of this subsection, the Secretary, on request, shall make available to the public at cost information the Secretary submits or receives in carrying out this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32505(a)(1) | 15:1915(a). | Oct. 20, 1972, |
| 32505(a)(2) | 15:1915(b). | |
| 32505(b)(1) | 15:1914(a)(1)–(3). | |
| 32505(b)(2) | 15:1914(a)(5). | |
| 32505(b)(3) | 15:1914(a)(4). | |
| 32505(c)(1), (2) | 15:1914(b). | |
| 32505(c)(3) | 15:1919. |
In subsection (a)(1), before clause (A), the words "To enable the Secretary of Transportation to decide whether . . . is complying" are substituted for "to enable him to determine whether such manufacturer 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 (A), the word "keep" is substituted for "establish and maintain" for consistency in the revised title and to eliminate unnecessary words. In clause (C), the text of 15:1915(a) (2d sentence) is omitted as surplus because of 49:322(a). In clause (D), the words "upon request" and "duly" are omitted as surplus.
In subsection (a)(2), the word "enter" is omitted as being as included in "inspect". The word "facility" is substituted for "factory, warehouse, or establishment" to eliminate unnecessary words. The words "shall be commenced and completed" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "In carrying out this chapter" are substituted for "For the purpose of carrying out the provisions of this subchapter", "In order to carry out the provisions of this subchapter", "relevant to any function of the Secretary under this subchapter", and "relating to any function of the Secretary under this subchapter" for consistency. In clause (A), the words "inspect and copy" are substituted for "have access to, and for the purposes of examination the right to copy" to eliminate unnecessary words. The word "records" is substituted for "documentary evidence" for consistency. In clause (B), the word "order" is substituted for "require, by general or special orders" to eliminate unnecessary words. The words "in such form as the Secretary may prescribe" and "shall be filed with the Secretary within such reasonable period as the Secretary may prescribe" are omitted as surplus because of 49:322(a). In clause (C), the words "sit and act at such times and places" are omitted as being included in "conduct hearings".
In subsection (b)(3), the words "A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for the judicial district in which the proceeding by the Secretary was conducted" are substituted for 15:1914(a)(4) (words before semicolon) for consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words "reported to or otherwise" are omitted as surplus. The words "or his representative" are omitted for consistency with subsection (b) of this section. The words "related to a confidential matter referred to" are substituted for "contains or relates to a trade secret or other matter referred to" to eliminate unnecessary words. The words "shall be considered confidential for the purpose of that section" are omitted as surplus. In clause (A), the words "of the United States Government" are added for clarity. In clause (B) the words "when relevant" are omitted as surplus.
In subsection (c)(2), the words "a committee of Congress authorized to have the information" are substituted for "the duly authorized committees of the Congress" for clarity.
In subsection (c)(3), the words "copies of any communications, documents, reports, or other" are omitted as surplus.
Pub. L. 103–429
This amends 49:32505(b)(3) to clarify the restatement of 15:1914(a)(4) by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
1994—Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§32506. Prohibited acts
(a)
(1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the date an applicable standard under
(2) fail to comply with an applicable regulation prescribed by the Secretary of Transportation under this chapter;
(3) fail to keep records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter or a regulation prescribed under this chapter; or
(4) fail to provide the certificate required by
(b)
(1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a passenger motor vehicle or passenger motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale (but this clause does not prohibit a standard from requiring that a vehicle or equipment be manufactured to comply with the standard over a specified period of operation or use); or
(2) a person—
(A) establishing that the person had no reason to know, by exercising reasonable care, that the vehicle or equipment does not comply with the standard; or
(B) holding, without knowing about a noncompliance and before that first purchase, a certificate issued under
(c)
(A) comply, after importation, with the standards prescribed under
(B) be exported; or
(C) be abandoned to the United States Government.
(2) The Secretaries may prescribe joint regulations that allow a passenger motor vehicle or passenger motor vehicle equipment to be imported into the United States after the first purchase in good faith other than for resale.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32506(a) | 15:1916(a). | Oct. 20, 1972, |
| 32506(b) | 15:1916(b)(1), (2). | |
| 32506(c) | 15:1916(b)(3), (4). | |
| 32506(d) | 15:1916(c). |
In subsection (a)(4), the words "required by such subsection to the effect that a passenger motor vehicle or passenger motor vehicle equipment conforms to all applicable bumper standards" are omitted as surplus.
In subsection (c)(1), before clause (A), the word "conditions" is substituted for "such terms and conditions" to eliminate unnecessary words. In clause (A), the words "comply, after importation" are substituted for "brought into conformity" for clarity and consistency.
Editorial Notes
Amendments
1998—Subsec. (a).
§32507. Penalties and enforcement
(a)
(A) that does not comply with a standard prescribed under
(B) for which a certificate is not provided, or for which a false or misleading certificate is provided, under
(2) The maximum civil penalty under this subsection for a related series of violations is $800,000.
(3) The Secretary of Transportation imposes a civil penalty under this subsection. The Attorney General or the Secretary, with the concurrence of the Attorney General, shall bring a civil action in a United States district court to collect the penalty.
(b)
(c)
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection is planned;
(B) give the person an opportunity to present that person's views; and
(C) except for a knowing and willful violation, give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32507(a) | 15:1917(a). | Oct. 20, 1972, |
| 32507(b) | 15:1917(b). | |
| 32507(c) | 15:1917(c)(1). | |
| 32507(d) | 15:1917(c)(2). | |
| 32507(e) | 15:1917(c)(3), (4). |
In subsection (a)(3), the words "by any of the Secretary's attorneys designated by the Secretary for such purpose" are omitted as surplus.
In subsection (b), the words "fined under title 18" are substituted for "fined not more than $50,000" for consistency with title 18. The words "If the person is a corporation, the penalties of this subsection also apply" are substituted for "If a corporation violates
In subsection (c)(1), the words "may bring a civil action" are substituted for "Upon petition . . . on behalf of the United States . . . have jurisdiction" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The words "for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure" are omitted as surplus because the rules apply in the absence of an exemption from them. The word "enjoin" is substituted for "restrain" for consistency.
In subsection (d), the words "the defendant may demand a jury trial" are substituted for "trial shall be by the court, or, upon demand of the accused, by a jury" to eliminate unnecessary words and for consistency in the revised title.
In subsection (e), the words "any act or transaction constituting" are omitted as surplus. The word "resides" is substituted for "is an inhabitant" for consistency and to eliminate unnecessary words.
§32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages as a result of a motor vehicle accident because the vehicle did not comply with a standard prescribed under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32508 | 15:1918. | Oct. 20, 1972, |
The words "applicable Federal" are omitted as surplus. The words "when a judgment is entered for the owner" are substituted for "in the case of any such successful action to recover that amount" to eliminate unnecessary words.
§32509. Information and assistance from other departments, agencies, and instrumentalities
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32509 | 15:1914(c). | Oct. 20, 1972, |
In subsection (a), the words "he deems" and "his functions under" are omitted as surplus. The words "head of the" are added for consistency in the revised title and with other titles of the United States Code. The words "cooperate with the Secretary and" and "to the Department of Transportation upon request made by the Secretary" are omitted as surplus.
[§32510. Repealed. Pub. L. 105–362, title XV, §1501(e)(1), Nov. 10, 1998, 112 Stat. 3294 ]
Section,
§32511. Relationship to other motor vehicle standards
(a)
(b)
(1) does not conflict with a standard prescribed under
(2) was in effect or prescribed by the State on October 20, 1972.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32511(a) | 15:1920(a). | Oct. 20, 1972, |
| 32511(b) | 15:1920(b)(1). | |
| 32511(c) | 15:1920(b)(2). |
In subsection (a), the words "may prescribe or enforce . . . only if the standard is identical" are substituted for "no . . . shall have any authority to establish or enforce with respect to . . . which is not identical" to eliminate unnecessary words. The words "a standard prescribed under
In subsection (b), before clause (1), the words "to continue" are omitted as surplus. The words "a bumper standard about an aspect of performance . . . not covered by a standard prescribed under
In subsection (c), the words "that imposes additional or higher standards of performance than" are substituted for "which is not identical to . . . if such requirement imposes an additional or higher standard of performance" for clarity and to eliminate unnecessary words.