§30166. Inspections, investigations, and records
(a)
(b)
(A) that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter; or
(B) related to a motor vehicle accident and designed to carry out this chapter.
(2) The Secretary of Transportation shall cooperate with State and local officials to the greatest extent possible in an inspection or investigation under paragraph (1)(B) of this subsection.
(c)
(1) at reasonable times, may inspect and copy any record related to this chapter;
(2) on request, may inspect records of a manufacturer, distributor, or dealer to decide whether the manufacturer, distributor, or dealer has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter; and
(3) at reasonable times, in a reasonable way, and on display of proper credentials and written notice to an owner, operator, or agent in charge, may-
(A) enter and inspect with reasonable promptness premises in which a motor vehicle or motor vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce;
(B) enter and inspect with reasonable promptness premises at which a vehicle or equipment involved in a motor vehicle accident is located;
(C) inspect with reasonable promptness that vehicle or equipment; and
(D) impound for not more than 72 hours a vehicle or equipment involved in a motor vehicle accident.
(d)
(e)
(f)
(g)
(A) require, by general or special order, any person to file reports or answers to specific questions, including reports or answers under oath; and
(B) 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.
(h)
(i)
(j)
(k)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30166(a) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(3)(B)). | Sept. 9, 1966,
|
| 15:1401(a)(3)(B). | Sept. 9, 1966,
|
|
| 30166(b) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(1) (1st, last sentences)). | |
| 15:1401(a)(1) (1st, last sentences). | ||
| 30166(c) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(2), (b) (1st sentence 61st–last words), (c)(2)). | |
| 15:1401(a)(2), (b) (1st sentence 61st–last words), (c)(2). | ||
| 30166(d) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(3)(A)). | |
| 15:1401(a)(3)(A). | ||
| 30166(e) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(b) (1st sentence 1st–60th words, last sentence)). | |
| 15:1401(b) (1st sentence 1st–60th words, last sentence). | ||
| 30166(f) | 15:1397(a)(1)(D) (related to 15:1418(a)(1)). | |
| 15:1418(a)(1). | Sept. 9, 1966,
|
|
| 30166(g) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(1), (3), (5)). | |
| 15:1401(c)(1), (3), (5). | ||
| 30166(h) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(4)). | |
| 15:1401(c)(4). | ||
| 30166(i) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(6)). | |
| 15:1401(c)(6). | ||
| 30166(j) | 15:1396 (related to inspecting and testing). | Sept. 9, 1966,
|
| 30166(k) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(1) (2d sentence)). | |
| 15:1401(a)(1) (2d sentence). |
In this section, the words "regulation prescribed or order issued under this chapter" are substituted for "rules, regulations, or orders issued thereunder" and "regulations and orders promulgated thereunder" for consistency and because "rule" and "regulation" are synonymous. The text of 15:1397(a)(1)(B) and (E) (as 1397(a)(1)(B), (E) relates to 15:1401) is omitted as surplus.
In subsection (a), the words "As used" are omitted as surplus. The word "use" is omitted as being included in "operation".
In subsection (b)(1)(A), the words "this chapter" are substituted for "this subchapter" because of the restatement.
In subsection (b)(1)(B), the words "the facts, circumstances, conditions, and causes of" are omitted as surplus. The words "designed to carry out" are substituted for "which is for the purposes of carrying out" to eliminate unnecessary words.
In subsection (b)(2), the words "making", "appropriate", and "consistent with the purposes of this subsection" are omitted as surplus.
In subsection (c), before clause (1), the words "In carrying out this chapter" are substituted for "For purposes of carrying out paragraph (1)" in 15:1401(a)(2) and "In order to carry out the provisions of this subchapter" in 15:1401(c)(2) for clarity and consistency in this chapter. The words "an officer or employee designated by the Secretary of Transportation" are substituted for "officers or employees duly designated by the Secretary" in 15:1401(a)(2), "an officer or employee duly designated by the Secretary" in 15:1401(b), and "his duly authorized agent" in 15:1401(c)(2) for consistency. In clause (1), the words "may inspect and copy" are substituted for "shall . . . have access to, and for the purposes of examination the right to copy" in 15:1401(c)(2) to eliminate unnecessary words. The words "of any person having materials or information . . . any function of the Secretary under" are omitted as surplus. In clause (2), the word "may" is substituted for "permit such officer or employee to" in 15:1401(b) because of the restatement. The words "appropriate" and "relevant" are omitted as surplus. In clause (3)(A)–(C), the words "inspect with reasonable promptness" are substituted for 15:1401(a)(2) (last sentence) to eliminate unnecessary words and for consistency. In clause (3)(A), the word "premises" is substituted for "factory, warehouse, or establishment" for consistency. In clause (3)(D), the words "not more than" are substituted for "a period not to exceed" for consistency.
In subsection (d), the words "for the purpose of inspection" and "the authority of" are omitted as surplus. The words "is inspected or temporarily impounded under subsection (c)(3) of this section" are substituted for "Whenever, under the authority of paragraph (2)(B), the Secretary inspects or temporarily impounds for the purpose of inspection" for clarity and to correct the cross-reference in the source provision. The words "to its owner" are omitted as surplus.
In subsection (e), the words "establish and" are omitted as surplus. The words "This subsection does not impose" are substituted for "Nothing in this subsection shall be construed as imposing" for consistency and to eliminate unnecessary words.
In subsection (f), the words "notices, bulletins, and other" are omitted as surplus. The words "with a motor vehicle safety standard prescribed under this chapter" are added for clarity. The text of 15:1397(a)(1)(D) (related to 15:1418(a)(1)) is omitted as surplus.
In subsection (g)(1), before clause (A), the words "or on the authorization of the Secretary, any officer or employee of the Department of Transportation" are omitted as surplus because of 49:322(b). In clause (A), the words "in writing", "in such form as the Secretary may prescribe", "relating to any function of the Secretary under this subchapter", and "shall be filed with the Secretary within such reasonable period as the Secretary may prescribe" are omitted as surplus. In clause (B), the words "sit and act at such times and places" are omitted as being included in "conduct hearings". The word "records" is substituted for "such books, papers, correspondence, memorandums, contracts, agreements, or other records" for consistency in the revised title and with other titles of the United States Code.
In subsection (h), the words "A civil action to enforce a subpena or order . . . may be brought in the United States district court for the judicial district in which the proceeding is conducted" are substituted for "any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee . . . issue an order requiring compliance therewith" for clarity and to eliminate unnecessary words. The words "an order of the court to comply with a subpena or order" are substituted for "such order of the court" for clarity.
In subsection (i), the words "United States" are substituted for "Federal" for consistency. The words "to provide" are substituted for "from" because of the restatement. The words "his functions under" are omitted as surplus. The words "head of the" are added for consistency. The words "to the Department of Transportation . . . made by the Secretary" are omitted as surplus. The words "detail personnel on a reimbursable basis" are substituted for 15:1401(c)(6)(B) to eliminate unnecessary words and because of the restatement. The word "otherwise" is added for clarity. The words "be deemed to" and "provision of" are omitted as surplus.
In subsection (j), the words "departments, agencies, and instrumentalities of the Government, States, and other public and private agencies" are substituted for "other Federal departments and agencies, and State and other interested public and private agencies" for consistency.
In subsection (k), the words "for appropriate action" are omitted as surplus.
Pub. L. 103–429
This amends 49:30166(h) to clarify the restatement of 15:1401(c)(4) by section 1 of the Act of July 5, 1994 (
Amendments
1994-Subsec. (h).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in sections 30102, 30103, 30117, 30118, 30141, 30147, 30165 of this title.