CHAPTER 323 —CONSUMER INFORMATION
Editorial Notes
Amendments
2021—
2007—
1994—
1 Section catchline amended by
§32301. Definitions
In this chapter—
(1) "crash avoidance" means preventing or mitigating a crash;
(2) "crashworthiness" means the protection a passenger motor vehicle gives its passengers against personal injury or death from a motor vehicle accident; and
(3) "damage susceptibility" means the susceptibility of a passenger motor vehicle to damage in a motor vehicle accident.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32301 | 15:1901(13), (14). | Oct. 20, 1972, |
Editorial Notes
Amendments
2012—
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
§32302. Passenger motor vehicle information
(a)
(1) damage susceptibility.
(2) crashworthiness, crash avoidance, and any other areas the Secretary determines will improve the safety of passenger motor vehicles.
(3) the degree of difficulty of diagnosis and repair of damage to, or failure of, mechanical and electrical systems.
(b)
(c)
(d)
(1)
(A) to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint to the National Highway Traffic Safety Administration;
(B) to prominently print the information described in subparagraph (A) within the owner's manual; and
(C) to not place such information on the label required under section 3 of the Automobile Information Disclosure Act (
(2)
(e)
(1)
(2)
(A) an appropriate methodology for—
(i) determining which advanced crash-avoidance technologies shall be included in the information;
(ii) developing performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technologies;
(iii) determining a distinct rating involving each advanced crash-avoidance technology to be included; and
(iv) updating overall vehicle ratings to incorporate advanced crash-avoidance technology ratings; and
(B) such other information and analyses as the Secretary determines to be necessary to implement the rating of advanced crash-avoidance technologies.
(3)
(f)
(1)
(2)
(A) an appropriate methodology for—
(i) determining which technologies shall be included in the information;
(ii) developing performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles attempt to prevent and mitigate, to the best extent possible, pedestrian injury;
(iii) determining a distinct rating involving each technology to be included; and
(iv) updating overall vehicle ratings to incorporate vulnerable road user safety technology ratings; and
(B) such other information and analyses as the Secretary determines to be necessary to implement the rating of vulnerable road user safety technologies.
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32302(a) | 15:1941(c) (19th–60th words). | Oct. 20, 1972, |
| 15:1941(d) (1st–13th words). | Oct. 20, 1972, |
|
| 32302(b) | 15:1941(c) (1st–18th and 61st–last words), (d) (14th–last words). | |
| 32302(c) | 15:1941(e). |
In subsection (a), the words before clause (1) are substituted for "The Secretary shall compile the information described in subsection (c) of this section" and "existing information and information to be developed relating to" for clarity and to eliminate unnecessary words.
In subsection (b), the words "After the study has been completed" are omitted as executed. The words "To assist a consumer in buying a passenger motor vehicle" are substituted for "so as to be of benefit in their passenger motor vehicle purchasing decisions", and the words "the Secretary shall provide to the public" are substituted for "the Secretary is authorized and directed to devise specific ways in which . . . can be communicated to consumers" and "furnish it to the public", to eliminate unnecessary words. The word "existing" is omitted as obsolete.
In subsection (c), the words "not later than February 1, 1975" are omitted as executed. The words "prescribe regulations" are substituted for "by rule establish" for consistency in the revised title and because "rule" is synonymous with "regulation".
Editorial Notes
References in Text
The date of enactment of the Safety Through Informed Consumers Act of 2015, referred to in subsec. (c), is the date of enactment of part II of subtitle C of title XXIV of div. B of
The date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (d)(1), is the date of enactment of title I of div. C of
The date of enactment of this subsection, referred to in subsecs. (e)(1), (3) and (f)(1), (3), is the date of enactment of
Amendments
2021—Subsec. (a).
Subsecs. (e), (f).
2015—Subsec. (c).
2013—Subsec. (b).
Subsec. (c).
2012—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Regulations
New Car Assessment Program; Updates
Improved Vehicle Safety Databases
"(1) to improve organization and functionality, including design features such as drop-down menus;
"(2) to allow data from applicable publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner that—
"(A) is consistent with the public interest; and
"(B) facilitates easy use by consumers;
"(3) to provide greater consistency in presentation of vehicle safety issues;
"(4) to improve searchability regarding specific vehicles and issues, which may include the standardization of commonly used search terms; and
"(5) to ensure nonconfidential documents and materials relating to information created or obtained by the National Highway Traffic Safety Administration are made publicly available in a manner that is—
"(A) timely; and
"(B) searchable in databases by any element that the Secretary determines to be in the public interest."
Consumer Guidance
"(1) a detailed explanation of what information a consumer should include in a complaint; and
"(2) a detailed explanation of the possible actions the National Highway Traffic Safety Administration can take to address a complaint and respond to the consumer, including information on—
"(A) the consumer records, such as photographs and police reports, that could assist with an investigation; and
"(B) the length of time a consumer should retain the records described in subparagraph (A)."
Deadline for Report
§32303. Insurance information
(a)
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided under this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports and information;
(B) consider the extent to which the reports and information will contribute to carrying out this chapter; and
(C) consult with State authorities and public and private agencies the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports and information under this subsection on a voluntary basis.
(b)
(1) about the extent to which the insurance premiums charged by the insurer are affected by damage susceptibility, crashworthiness, and the cost of repair and personal injury, for each make and model of passenger motor vehicle; and
(2) available to the insurer about the effect of damage susceptibility, crashworthiness, and the cost of repair and personal injury for each make and model of passenger motor vehicle on the risk incurred by the insurer in insuring that make and model.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32303(a) | 15:1945(a)–(d), (g). | Oct. 20, 1972, |
| 32303(b) | 15:1945(e). | |
| 32303(c) | 15:1945(f). |
In subsection (a), the words "carrying out this chapter" are substituted for "to enable him to carry out the purposes of this subchapter" to eliminate unnecessary words. The word "provide" is substituted for "furnish" for consistency.
In subsection (a)(1), before clause (A), the words "the Secretary of Transportation may require . . . to . . . provide the Secretary with" are substituted for "shall, upon request by the Secretary . . . as the Secretary may reasonably require" to eliminate unnecessary words. The text of 15:1945(g) is omitted as surplus because of 49:322(a). The word "information" is substituted for "data" for consistency in the section. In clause (A), the words "repair costs" are substituted for "the cost of remedying the damage" to eliminate unnecessary words.
In subsection (a)(2)(C), the words "State authorities and public and private agencies" are substituted for "such State and insurance regulatory agencies and other agencies and associations, both public and private" for consistency and to eliminate unnecessary words.
In subsection (b), before clause (1), the word "information" is substituted for "a description of" for consistency in the section. In clause (1), the word "premiums" is substituted for "rates or premiums" because it is inclusive. In clause (2), the words "by the insurer" are added for clarity.
In subsection (c), the words "identifying information" are substituted for "the name of, or other identifying information", and the words "a witness, or an individual involved" are substituted for "a driver, an injured person, a witness, or otherwise involved" to eliminate unnecessary words. The word "accident" is substituted for "crash or collision" for consistency in this section. The words "so named or otherwise identified" are omitted as surplus.
§32304. Passenger motor vehicle country of origin labeling
(a)
(1) "allied supplier" means a supplier of passenger motor vehicle equipment that is wholly owned by the manufacturer, or if a joint venture vehicle assembly arrangement, a supplier that is wholly owned by one member of the joint venture arrangement.
(2)(A) "carline"—
(i) means a name given a group of passenger motor vehicles that has a degree of commonality in construction such as body and chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished by characteristics such as roof line, number of doors, seats, or windows; and
(B) light duty trucks are different carlines than passenger motor vehicles.
(3) "country of origin", when referring to the origin of an engine or transmission, means the country from which the largest share of the dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate countries; and
(B) the estimate of the percentage of the dollar value shall be based on the purchase price of direct materials, as received at individual engine or transmission plants, of engines of the same displacement and transmissions of the same transmission type, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions.
(4) "dealer" means a person residing or located in the United States, including the District of Columbia or a territory or possession of the United States, and engaged in selling or distributing new passenger motor vehicles to the ultimate purchaser.
(5) "final assembly place" means the plant, factory, or other place at which a new passenger motor vehicle is produced or assembled by a manufacturer, and from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. Such term does not include facilities for engine and transmission fabrication and assembly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, machining, or molding processes.
(6) "foreign content" means passenger motor vehicle equipment that is not of United States/Canadian origin.
(7) "manufacturer" means a person—
(A) engaged in manufacturing or assembling new passenger motor vehicles;
(B) importing new passenger motor vehicles for resale; or
(C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles.
(8) "new passenger motor vehicle" means a passenger motor vehicle for which a manufacturer, distributor, or dealer has never transferred the equitable or legal title to the vehicle to an ultimate purchaser.
(9) "of United States/Canadian origin", when referring to passenger motor vehicle equipment, means—
(A) for an outside supplier—
(i) the full purchase price of passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; or
(ii) that portion of the purchase price of passenger motor vehicle equipment containing less than 70 percent value added in the United States and Canada that is attributable to the percent value added in the United States and Canada when such percent is expressed to the nearest 5 percent; and
(B) for an allied supplier, that part of the individual passenger motor vehicle equipment whose purchase price the manufacturer determines remains after subtracting the total of the purchase prices of all material of foreign content purchased from outside suppliers, with the determination of the United States/Canadian origin or of the foreign content from outside suppliers being consistent with subclause (A) of this clause.
(10) "outside supplier" means a supplier of passenger motor vehicle equipment to a manufacturer's allied supplier, or a person other than an allied supplier, who ships directly to the manufacturer's final assembly place.
(11) "passenger motor vehicle" has the same meaning given that term in
(12) "passenger motor vehicle equipment"—
(A) means a system, subassembly, or component received at the final vehicle assembly place for installation on, or attachment to, a passenger motor vehicle at the time of its first shipment by the manufacturer to a dealer for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts, clips, screws, pins, braces, and other attachment hardware) and other similar items the Secretary of Transportation may prescribe by regulation after consulting with manufacturers and labor.
(13) "percentage (by value)", when referring to passenger motor vehicle equipment of United States/Canadian origin, means the percentage remaining after subtracting the percentage (by value) of passenger motor vehicle equipment that is not of United States/Canadian origin that will be installed or included on those vehicles produced in a carline, from 100 percent—
(A) with value being expressed in terms of the purchase price; and
(B) for outside suppliers and allied suppliers, the value used is the purchase price of the equipment paid at the final assembly place.
(14) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(15) "value added in the United States and Canada" means a percentage determined by subtracting the total purchase price of foreign content from the total purchase price, and dividing the remainder by the total purchase price, excluding costs incurred or profits made at the final assembly place and beyond (including advertising, assembly, labor, interest payments, and profits), with the following groupings being used:
(A) engines of same displacement produced at the same plant.
(B) transmissions of the same type produced at the same plant.
(b)
(A) the percentage (by value) of passenger motor vehicle equipment of United States/Canadian origin installed on vehicles in the carline to which that vehicle belongs, identified by the words "U.S./Canadian content".
(B) the final assembly place for that vehicle by city, State (where appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed on passenger motor vehicles in a carline originated in any country other than the United States and Canada, the names of at least the 2 countries in which the greatest amount (by value) of that equipment originated and the percentage (by value) of the equipment originating in each country.
(D) the country of origin of the engine and the transmission for each vehicle.
(2) At the beginning of each model year, each manufacturer shall establish the percentages required for each carline to be indicated on the label under this subsection. Those percentages are applicable to that carline for the entire model year. A manufacturer may round those percentages to the nearest 5 percent.
(3) A manufacturer complying with the requirement of paragraph (1)(B) of this subsection satisfies the disclosure requirement of section 3(b) of the Automobile Information Disclosure Act (
(c)
(d)
(1) The manufacturer or allied supplier shall make the same value added determinations as would be made by the outside supplier, that is, whether 70 percent or more of the value of equipment is added in the United States and/or Canada.
(2) The manufacturer or allied supplier shall consider the amount of value added and the location in which the value was added for all of the stages that the outside supplier would be required to consider.
(3) The manufacturer or allied supplier may determine that the value added in the United States and/or Canada is 70 percent or more only if it has a good faith basis to make that determination.
(4) A manufacturer and its allied suppliers may, on a combined basis, make value added determinations for no more than 10 percent, by value, of a carline's total parts content from outside suppliers.
(5) Value added determinations made by a manufacturer or allied supplier under this paragraph shall have the same effect as if they were made by the outside supplier.
(6) This provision does not affect the obligation of outside suppliers to provide the requested information.
(e)
(f)
(g)
(h)
(i)
(2) A State or a political subdivision of a State may prescribe requirements related to the content of passenger motor vehicles obtained for its own use.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32304(a) | 15:1950(f). | Oct. 20, 1972, |
| 32304(b)(1), (2) | 15:1950(b)(1) (less words between 1st and 2d commas), (2). | |
| 32304(b)(3) | 15:1950(b)(3). | |
| 32304(c) | 15:1950(b)(1) (words between 1st and 2d commas). | |
| 32304(d) | 15:1950(c). | |
| 32304(e) | 15:1950(d). | |
| 32304(f) | 15:1950(g). |
In this section, the words "passenger motor vehicle" and "vehicle" are substituted for "automobile" because the defined terms used in the operative provisions of the law being restated are "passenger motor vehicle" and "new passenger motor vehicle". The words "final assembly place" are substituted for "final assembly point" for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2)(A)(i), the word "given" is substituted for "denoting" for clarity. The words "passenger motor" are added for clarity and consistency in the revised section.
In section (a)(2)(A)(ii), the words "decor or opulence" are substituted for "decor of opulence" for clarity.
In subsection (a)(3), before subclause (A), the words "from which the largest share of the dollar value added to . . . has originated" are substituted for "in which 50 percent or more of the dollar value added of . . . originated. If no country accounts for 50 percent or more of the dollar value, then the country of origin is the country from which the largest share of the value added originated" for clarity and to eliminate unnecessary words. In subclause (A), the word "with" is substituted for "For the purpose of determining the country of origin for engines and transmissions" are omitted as unnecessary.
In subsection (a)(4), the word "possession" is added for clarity and consistency in the revised title and with other titles of the Code.
In subsection (a)(5), the words "in such a condition" are omitted as surplus.
In subsection (a)(6), the words "United States/Canadian origin" are substituted for "U.S./Canadian origin" for consistency with the defined term restated in the revised section. The word "foreign" is omitted as being included in "foreign content".
In subsection (a)(9), before subclause (A), the words "originated in the United States and Canada" and "U.S./Canadian origin" are omitted as unnecessary because of the defined term "of United States/Canadian origin". In subclause (A), the words "passenger motor vehicle equipment whose purchase price contains" are substituted for "the purchase price of automotive equipment which contains" for clarity. In subclause (B), the words "that part of the individual passenger motor vehicle equipment whose purchase price the manufacturer determines remains after subtracting the total of the purchase price of all material of foreign content purchased from outside suppliers" are substituted for "the manufacturer shall determine the foreign content of any passenger motor vehicle equipment supplied by the allied supplier by adding up the purchase price of all foreign material purchased from outside suppliers that comprise the individual passenger motor vehicle equipment and subtracting such purchase price from the total purchase price of such equipment" for clarity.
In subsection (a)(10), the word "person" is substituted for "anyone" for clarity and consistency in the revised title.
In subsection (a)(11), the words "a motor vehicle with motive power, manufactured primarily for use on public streets, roads, and highways, and designed to carry not more than 12 individuals . . . not including . . . a motorcycle; or . . . a truck not designed primarily to carry its operator or passengers" are substituted for "has the meaning provided in
In subsection (a)(13), before subclause (A), the words "the percentage remaining after subtracting" are substituted for "the resulting percentage when . . . is subtracted" for clarity.
In subsection (a)(15), before subclause (A), the words " 'Value added' equals" are omitted as unnecessary because of the restatement.
The text of 15:1950(f)(2) is omitted as unnecessary because of 1:1. The text of 15:1950(f)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section.
In subsection (b)(1)(A), the words "to which that vehicle belongs" are added for clarity.
In subsection (b)(3), the text of 15:1950(b)(3) (1st sentence) is omitted as unnecessary because of the source provisions restated in this subsection.
Subsection (c) is substituted for "and each dealer shall cause to be maintained" for clarity and because of the restatement.
In subsection (e), the words "passenger motor vehicle equipment" are substituted for "a component" for clarity and for consistency with the defined term. The text of 15:1950(d) (last sentence) is omitted as unnecessary because of section 32308 of the revised title. The words "foreign content" are substituted for "foreign" for clarity and consistency with the defined term.
Pub. L. 103–429, §6(29)
This amends 32304(a)(11) to clarify the restatement of 15:1950(f)(3) by section 1 of the Act of July 5, 1994 (
Pub. L. 103–429, §6(30)
This amends 49:32304(a)(14) to reflect the inclusion of the Northern Mariana Islands and the exclusion of the Canal Zone. The words "the Northern Mariana Islands" are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (
Editorial Notes
Amendments
1998—Subsec. (a)(3)(B).
Subsec. (a)(5).
Subsec. (a)(9)(A).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (i).
1994—Subsec. (a)(11).
"(A) including a multipurpose vehicle or light duty truck when the vehicle or truck is rated at not more than 8,500 pounds gross vehicle weight; but
"(B) not including—
"(i) a motorcycle;
"(ii) a truck not designed primarily to carry its operator or passengers; or
"(iii) a vehicle operated only on a rail line."
Subsec. (a)(14).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§32304A. Consumer tire information and standards
(a)
(1)
(2)
(A) a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more educated tire purchasing decisions;
(B) requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Internet;
(C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; and
(D) a national tire maintenance consumer education program including,1 information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.
(3)
(b)
(1)
(A) passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 kilometers per hour; and
(B) passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.
(2)
(A)
(B)
(C)
(i)
(ii)
(c)
(1)
(2)
(A)
(B)
(C)
(i) tires sold in the United States; and
(ii) the needs of consumers in the United States.
(D)
(i)
(ii)
(d)
(1)
(2)
(3)
(A) the regulations under subsections (b) and (c) not later than 24 months after the date of enactment of this Act; 2 and
(B) the regulations under subsection (c) not later than the date of promulgation of the regulations under subsection (b).
(e)
(f)
(g)
(h)
(Added
Editorial Notes
References in Text
The date of enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (a)(1), (3), is the date of enactment of subtitle A (§§101–113) of title I of
The date of enactment of this Act, referred to in subsecs. (b)(2)(A), (c)(2)(C), and (d)(3)(A), probably means the date of enactment of
Amendments
2015—
Subsec. (a).
Subsec. (a)(1).
Subsecs. (b) to (h).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of
1 So in original. Probably should be ", including".
2 See References in Text note below.
§32304B. Child safety
(a)
(1)
(2)
(3)
(b)
(c)
(1) shall include a distinct auditory and visual alert, which may be combined with a haptic alert; and
(2) shall be activated when the vehicle motor is deactivated by the operator.
(d)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (b), is the date of enactment of
§32305. Information and assistance from other departments, agencies, and instrumentalities
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32305 | 15:1943. | Oct. 20, 1972, |
In this section, the word "independent" is omitted as surplus.
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.
§32306. Personnel
(a)
(1) appoint and fix the pay of employees without regard to the provisions of title 5 governing appointment in the competitive service and
(2) make contracts with persons for research and preparation of reports.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32306(a) | 15:1942 (1st, 2d sentences). | Oct. 20, 1972, |
| 32306(b) | 15:1942 (last sentence). |
In subsection (a), before clause (1), the words "his functions under" are omitted as surplus. In clause (1), the words "as he deems necessary" are omitted as surplus. The words "
Editorial Notes
References in Text
The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (a)(1), are classified generally to
§32307. Investigative powers
(a)
(1) inspect and copy records of any person at reasonable times;
(2) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(3) 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.
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32307(a) | 15:1944(a)–(c). | Oct. 20, 1972, |
| 32307(b) | 15:1944(e). | |
| 32307(c) | 15:1944(d). | |
| 32307(d) | 15:1944(f). |
In subsection (a), before clause (1), 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", and "relating to any function of the Secretary under this subchapter" for consistency. The words "or on the authorization of the Secretary, any officer or employee of the Department of Transportation" and "or his duly authorized agent" are omitted as surplus because of 49:322(b). In clause (1), the words "inspect and copy" are substituted for "have access to, and for the purposes of examination the right to copy", and the word "records" is substituted for "documentary evidence" and "materials and information", for consistency and to eliminate unnecessary words. The words "relevant to the study authorized by this subchapter" are omitted as surplus. In clause (2), 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 (3), the words "sit and act at such times and places" are omitted as being included in "conduct hearings".
In subsection (c), the words "A civil action to enforce a subpena or order of the Secretary under subsection (a) of this section may be brought in the United States district court for the judicial district in which the proceeding by the Secretary is conducted" are substituted for 15:1944(d) (words before semicolon) for consistency in the revised title and to eliminate unnecessary words.
In subsection (d), the words "reported to or otherwise" are omitted as surplus. The words "or such officer or employee" are omitted for consistency with subsection (a) 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 "a committee of Congress authorized to have the information" are substituted for "the duly authorized committees of the Congress" for clarity.
§32308. General prohibitions, civil penalty, and enforcement
(a)
(1) fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or
(2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter.
(b)
(2) The Secretary may compromise the amount of a civil penalty imposed under this section.
(3) In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
(c)
(d)
(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) 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.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32308(a) | 15:1946. | Oct. 20, 1972, |
| 32308(b)(1) | 15:1948(a). | |
| 32308(b) (2)–(4) | 15:1948(b). | |
| 32308(c) | 15:1947 (1st–3d sentences). | |
| 32308(d) | 15:1947 (last sentence). | |
| 15:1948(c). |
In subsection (a)(1), the words "data or" are omitted as surplus.
In subsection (b)(1), the words "Each failure to provide information or comply with a regulation" are substituted for "with respect to each failure or refusal to comply with a requirement thereunder" for clarity.
In subsection (c), the words "The Attorney General may bring a civil action" are substituted for "Upon petition by the Attorney General on behalf of the United States" 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" are omitted as surplus. The words "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 exception from them.
Subsection (d) is substituted for 15:1947 (last sentence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4).
Editorial Notes
Amendments
2007—Subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§32309. Civil penalty for labeling violations
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32309(a) | (no source). | |
| 32309(b) | 15:1950(e). | Oct. 20, 1972, |
Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this section.
In subsection (b), the words "Each failure to attach or maintain that label" are substituted for "Such failure" for clarity.
Pub. L. 103–429
This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§32310. New Car Assessment Program roadmap
(a)
(b)
(1) cover a term of 10 years, consisting of—
(A) a mid-term component covering the initial 5 years of the term; and
(B) a long-term component covering the final 5 years of the term; and
(2) be in accordance with—
(A)
(B)
(C) section 24401 of the FAST Act (
(D) any other relevant plans of the National Highway Traffic Safety Administration.
(c)
(1) a plan for any changes to the New Car Assessment Program of the National Highway Traffic Safety Administration, including—
(A) descriptions of actions to be carried out to update the passenger motor vehicle information developed under section 32302(a), including the development of test procedures, test devices, test fixtures, and safety performance metrics, which shall, as applicable, incorporate—
(i) objective criteria for evaluating safety technologies; and
(ii) reasonable time periods for compliance with new or updated tests;
(B) key milestones, including the anticipated start of an action, completion of an action, and effective date of an update; and
(C) descriptions of the means by which an update will improve the passenger motor vehicle information developed under section 32302(a);
(2) an identification and prioritization of safety opportunities and technologies—
(A) with respect to the mid-term component of the roadmap under subsection (b)(1)(A)—
(i) that are practicable; and
(ii) for which objective rating tests, evaluation criteria, and other consumer data exist for a market-based, consumer information approach; and
(B) with respect to the long-term component of the roadmap under subsection (b)(1)(B), exist or are in development;
(3) an identification of—
(A) any safety opportunity or technology that—
(i) is identified through the activities carried out pursuant to subsection (d) or (e); and
(ii) is not included in the roadmap under paragraph (2);
(B) the reasons why such a safety opportunity or technology is not included in the roadmap; and
(C) any developments or information that would be necessary for the Secretary to consider including such a safety opportunity or technology in a future roadmap; and
(4) consideration of the benefits of consistency with other rating systems used—
(A) within the United States; and
(B) internationally.
(d)
(1) make the roadmap available for public comment;
(2) review any public comments received under paragraph (1); and
(3) incorporate in the roadmap under this section those comments, as the Secretary determines to be appropriate.
(e)
(1) to identify—
(A) safety opportunities or technologies in development that could be included in future roadmaps; and
(B) opportunities to benefit from collaboration or harmonization with third-party safety rating programs;
(2) to assist with long-term planning;
(3) to provide an interim update of the status and development of the following roadmap to be established under subsection (a); and
(4) to collect feedback or other information that the Secretary determines to be relevant to enhancing the New Car Assessment Program of the National Highway Traffic Safety Administration.
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of