PART C—INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 321 —GENERAL
§32101. Definitions
In this part (except
(1) "bumper standard" means a minimum performance standard that substantially reduces—
(A) the damage to the front or rear end of a passenger motor vehicle from a low-speed collision (including a collision with a fixed barrier) or from towing the vehicle; or
(B) the cost of repairing the damage.
(2) "insurer" means a person in the business of issuing, or reinsuring any part of, a passenger motor vehicle insurance policy.
(3) "interstate commerce" means commerce between a place in a State and—
(A) a place in another State; or
(B) another place in the same State through another State.
(4) "make", when describing a passenger motor vehicle, means the trade name of the manufacturer of the vehicle.
(5) "manufacturer" means a person—
(A) manufacturing or assembling passenger motor vehicles or passenger motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equipment for resale.
(6) "model", when describing a passenger motor vehicle, means a category of passenger motor vehicles based on the size, style, and type of a make of vehicle.
(7) "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.
(8) "motor vehicle accident" means an accident resulting from the maintenance or operation of a passenger motor vehicle or passenger motor vehicle equipment.
(9) "multipurpose passenger vehicle" means a passenger motor vehicle constructed on a truck chassis or with special features for occasional off-road operation.
(10) "passenger motor vehicle" means a motor vehicle with motive power designed to carry not more than 12 individuals, but does not include—
(A) a motorcycle; or
(B) a truck not designed primarily to carry its operator or passengers.
(11) "passenger motor vehicle equipment" means—
(A) a system, part, or component of a passenger motor vehicle as originally made;
(B) a similar part or component made or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a passenger motor vehicle; or
(C) a device made or sold for use in towing a passenger motor vehicle.
(12) "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.
(13) "United States district court" means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32101(1) | 15:1901(5), (6) (words before semicolon), (11). | Oct. 20, 1972, |
| 32101(2) | 15:1901(12). | |
| 32101(3) | 15:1901(17). | |
| 32101(4) | 15:1901(8). | |
| 32101(5) | 15:1901(7). | |
| 32101(6) | 15:1901(9). | |
| 32101(7) | 15:1901(15). | |
| 32101(8) | 15:1901(10). | |
| 32101(9) | 15:1901(2). | |
| 32101(10) | 15:1901(1). | |
| 32101(11) | 15:1901(3), (4). | |
| 32101(12) | 15:1901(16). | |
| 32101(13) | 15:1901(18). |
In clause (1), the text of 15:1901(11) is omitted as surplus because the complete title of the Secretary of Transportation is used the first time the term appears in a section. The definition of "property loss reduction standard" is combined with the definition of "bumper standard" because the former term is used only in the definition of the latter term. Before subclause (A), the words "the purpose of which is" and "eliminate" are omitted as surplus. In subclauses (A) and (B), the words "(or both)" are omitted as surplus. In subclause (A), the word "physical" is omitted as surplus.
In clause (2), the words "of passenger motor vehicles" and "engaged" are omitted as surplus.
In clause (5)(A), the words "manufacturing or assembling" are substituted for "engaged in the manufacturing or assembling of" to eliminate unnecessary words.
In clause (8), the words "maintenance or operation" are substituted for "operation, maintenance, or use" to eliminate an unnecessary word.
In clauses (12) and (13), 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 (
In clause (12), the word "means" is substituted for "includes" as being more appropriate. The words "a State of the United States" are substituted for "each of the several States" for consistency in the revised title and with other titles of the United States Code.
In clause (13), the words "of the Commonwealth of Puerto Rico" are omitted as surplus because the district court of Puerto Rico is a district court of the United States under 28:119.
Pub. L. 103–429
This makes a conforming amendment to 49:32101 necessary because of the amendment to 49:32304(a)(11) made by section 6(29) of the bill and to clarify the restatement of 15:1901 by section 1 of the Act of July 5, 1994 (
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
§32102. Authorization of appropriations
There is authorized to be appropriated to the Secretary $9,562,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32102 | 15:1392 (note). | Dec. 18, 1991, |
The reference to fiscal year 1992 is omitted as obsolete.
Amendments
1999—
1998—
"(1) $6,731,430 for the fiscal year ending September 30, 1993.
"(2) $6,987,224 for the fiscal year ending September 30, 1994.
"(3) $7,252,739 for the fiscal year ending September 30, 1995."
CHAPTER 323 —CONSUMER INFORMATION
Amendments
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, |
Amendments
2012—
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)
(
| 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".
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
Amendments
2015—Subsec. (c).
2013—Subsec. (b).
Subsec. (c).
2012—Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (d).
Effective Date of 2012 Amendment
Amendment by
Regulations
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 (
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).
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
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).
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.
§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 "
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).
Amendments
2007—Subsecs. (c) to (e).
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 (
Amendments
1994—
Effective Date of 1994 Amendment
Amendment by
CHAPTER 325 —BUMPER STANDARDS
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.
Amendments
1998—Subsec. (c).
Subsec. (c)(3).
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 (
Amendments
1994—Subsec. (b)(3).
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.
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.
CHAPTER 327 —ODOMETERS
§32701. Findings and purposes
(a)
(1) buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign commerce.
(b)
(1) to prohibit tampering with motor vehicle odometers; and
(2) to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32701(a) | 15:1981 (1st sentence). | Oct. 20, 1972, |
| 32701(b) | 15:1981 (last sentence). |
§32702. Definitions
In this chapter—
(1) "auction company" means a person taking possession of a motor vehicle owned by another to sell at an auction.
(2) "dealer" means a person that sold at least 5 motor vehicles during the prior 12 months to buyers that in good faith bought the vehicles other than for resale.
(3) "distributor" means a person that sold at least 5 motor vehicles during the prior 12 months for resale.
(4) "leased motor vehicle" means a motor vehicle leased to a person for at least 4 months by a lessor that leased at least 5 vehicles during the prior 12 months.
(5) "odometer" means an instrument or system of components for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument or system of components designed to be reset by the operator of the vehicle to record mileage of a trip.
(6) "repair" and "replace" mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer.
(7) "title" means the certificate of title or other document issued by the State indicating ownership.
(8) "transfer" means to change ownership by sale, gift, or any other means.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32702(1) | 15:1982(8). | Oct. 20, 1972, |
| 32702(2) | 15:1982(1). | Oct. 20, 1972, |
| 32702(3) | 15:1982(2). | |
| 32702(4) | 15:1982(7). | |
| 32702(5) | 15:1982(3). | Oct. 20, 1972, |
| 32702(6) | 15:1982(4). | |
| 32702(7) | 15:1982(6). | |
| 32702(8) | 15:1982(5). |
In clause (1), the words "(whether through consignment or bailment or through any other arrangement)" and "such motor vehicle" are omitted as surplus.
In clause (4), the words "a term of" are omitted as surplus.
In clause (5), the words "the distance a motor vehicle is driven" are substituted for "the actual distance a motor vehicle travels while in operation" for clarity and to eliminate unnecessary words.
Pub. L. 104–287
This amends 49:32702(8) and 32705 to clarify the restatement of 15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (
Amendments
2012—Par. (5).
1996—Par. (8).
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
§32703. Preventing tampering
A person may not—
(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a street, road, or highway if the person knows that the odometer of the vehicle is disconnected or not operating; or
(4) conspire to violate this section or
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32703(1) | 15:1983. | Oct. 20, 1972, |
| 32703(2) | 15:1984. | Oct. 20, 1972, |
| 32703(3) | 15:1985. | |
| 32703(4) | 15:1986. | Oct. 20, 1972, |
In clause (1), the words "the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer" are substituted for "the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance" to eliminate unnecessary words.
In clause (3), the words "public" and "road" are added for consistency in this subtitle.
Pub. L. 103–429
This amends 49:32703(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Amendments
1994—Par. (3).
Effective Date of 1994 Amendment
Amendment by
§32704. Service, repair, and replacement
(a)
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32704 | 15:1987. | Oct. 20, 1972, |
In subsection (b), the text of 15:1987(b)(1) is omitted as surplus.
§32705. Disclosure requirements on transfer of motor vehicles
(a)(1)
(A) Disclosure of the cumulative mileage registered on the odometer.
(B) Disclosure that the actual mileage is unknown, if the transferor knows that the odometer reading is different from the number of miles the vehicle has actually traveled.
(2) A person transferring ownership of a motor vehicle may not violate a regulation prescribed under this section or give a false statement to the transferee in making the disclosure required by such a regulation.
(3) A person acquiring a motor vehicle for resale may not accept a written disclosure under this section unless it is complete.
(4)(A) This subsection shall apply to all transfers of motor vehicles (unless otherwise exempted by the Secretary by regulation), except in the case of transfers of new motor vehicles from a vehicle manufacturer jointly to a dealer and a person engaged in the business of renting or leasing vehicles for a period of 30 days or less.
(B) For purposes of subparagraph (A), the term "new motor vehicle" means any motor vehicle driven with no more than the limited use necessary in moving, transporting, or road testing such vehicle prior to delivery from the vehicle manufacturer to a dealer, but in no event shall the odometer reading of such vehicle exceed 300 miles.
(5) The Secretary may exempt such classes or categories of vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the regulations set forth in 49 CFR 580.6, such regulations shall have full force and effect.
(b)
(2)(A) Under regulations prescribed by the Secretary, if the title to a motor vehicle issued to a transferor by a State is in the possession of a lienholder when the transferor transfers ownership of the vehicle, the transferor may use a written power of attorney (if allowed by State law) in making the mileage disclosure required under subsection (a) of this section. Regulations prescribed under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a secure printing process (or other secure process);
(iii) shall provide that the State issue the form to the transferee;
(iv) shall provide that the person exercising the power of attorney retain a copy and submit the original to the State with a copy of the title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and the copy of the title for an appropriate period or that the State adopt alternative measures consistent with
(vi) shall ensure that the mileage at the time of transfer be disclosed on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the person exercising the power of attorney in the space referred to in paragraph (3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the State in which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial transactions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers appropriate.
(B) Section 32709(a) and (b) applies to a person granting or granted a power of attorney under this paragraph.
(3)(A) A motor vehicle the ownership of which is transferred may not be licensed for use in a State unless the title issued by the State to the transferee—
(i) is produced by means of a secure printing process (or other secure process);
(ii) indicates the mileage disclosure required to be made under subsection (a) of this section; and
(iii) contains a space for the transferee to disclose the mileage at the time of a future transfer and to sign and date the disclosure.
(B) Subparagraph (A) of this paragraph does not require a State to verify, or preclude a State from verifying, the mileage information contained in the title.
(c)
(2) Under those regulations, the lessor shall provide written notice to the lessee of—
(A) the lessee's mileage disclosure requirements under paragraph (1) of this subsection; and
(B) the penalties for failure to comply with those requirements.
(3) The lessor shall retain the disclosures made by a lessee under paragraph (1) of this subsection for at least 4 years following the date the lessor transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle without obtaining possession of the vehicle, the lessor, in making the disclosure required by subsection (a) of this section, may indicate on the title the mileage disclosed by the lessee under paragraph (1) of this subsection unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.
(d)
(e)
(1) the name of the most recent owner of the motor vehicle (except the auction company) and the name of the buyer of the motor vehicle.
(2) the vehicle identification number required under
(3) the odometer reading on the date the auction company took possession of the motor vehicle.
(f)
(2) If a State requests, the Secretary shall assist the State in revising its laws to comply with subsection (b) of this section. If a State requires time beyond April 28, 1989, to revise its laws to achieve compliance, the Secretary, on request of the State, may grant additional time that the Secretary considers reasonable by publishing a notice in the Federal Register. The notice shall include the reasons for granting the additional time. In granting additional time, the Secretary shall ensure that the State is making reasonable efforts to achieve compliance.
(g)
(1) Not later than 18 months after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, in carrying out this section, the Secretary shall prescribe regulations permitting any written disclosures or notices and related matters to be provided electronically.
(2) Notwithstanding paragraph (1) and subject to paragraph (3), a State, without approval from the Secretary under subsection (d), may allow for written disclosures or notices and related matters to be provided electronically if—
(A) in compliance with—
(i) the requirements of sub
(ii) the requirements of a State law under
(B) the disclosures or notices otherwise meet the requirements under this section, including appropriate authentication and security measures.
(3) Paragraph (2) ceases to be effective on the date the regulations under paragraph (1) become effective.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32705(a) | 15:1988(a). | Oct. 20, 1972, |
| 15:1988(b) (related to false statements). | Oct. 20, 1972, |
|
| 15:1988(c). | Oct. 20, 1972, |
|
| 32705(b)(1) | 15:1988(d)(1)(A), (B). | Oct. 20, 1972, |
| 32705(b)(2) | 15:1988(d)(1)(C). | Oct. 20, 1972, |
| 15:1988 (note). | Nov. 28, 1990, |
|
| 32705(b)(3) | 15:1988(d)(2). | |
| 32705(c) | 15:1988(e). | |
| 32705(d) | 15:1988(f). | |
| 32705(e) | 15:1988(g). | |
| 32705(f) | 15:1988 (note). | Oct. 28, 1986, |
In subsection (a)(1), before clause (A), the words "Not later than 90 days after October 20, 1972" are omitted as executed. In clause (B), the words "if the transferor knows that the mileage registered by the odometer is incorrect" are substituted for "if the odometer reading is known to the transferor to be different from the number of miles the vehicle has actually traveled" to eliminate unnecessary words.
In subsection (b)(2)(A), before clause (i), the words "Under regulations prescribed by the Secretary" are substituted for "prescribed by rule by the Secretary" for consistency in the revised title and because "rule" is synonymous with "regulation". The words "to a transferor" are added for clarity. The words "before February 1, 1989" are omitted as expired. The words "in the possession of" are substituted for "physically held by", and the words "when the transferor transfers ownership of the vehicle" are substituted for "at the time of a transfer of such motor vehicle", for clarity and consistency. The words "the transferor may" are substituted for "nothing in this subsection shall be construed to prohibit" for clarity and to eliminate unnecessary words. Clause (i) is substituted for "in a form" and clause (ii) is substituted for "in accordance with paragraph (2)(A)(i)" for clarity and consistency. In clause (iii), the words "consistent with the purposes of this Act and the need to facilitate enforcement thereof" are omitted as surplus. In clauses (iv), (v), (viii), and (ix), the amendment made by section 7(a) of the Independent Safety Board Act Amendments of 1990 (
In subsection (b)(3)(A), before clause (i), the words "following such transfer" are omitted as surplus. In clause (i), the word "produced" is substituted for "set forth" for clarity. In clause (iii), the words "(in the event of a future transfer)" are omitted as surplus.
In subsection (d), the text of 15:1988(f)(1) (last sentence) is omitted as surplus because of 49:322(a).
In subsection (e), before clause (1), the words "establish and" are omitted as executed.
In subsection (f)(1), the text of section 2(c)(3) of the Truth in Mileage Act of 1986 (
Pub. L. 103–429
This amends 49:32705(c)(2)(A) to clarify the restatement of 15:1988(e)(2)(A) by section 1 of the Act of July 5, 1994 (
Pub. L. 104–287
This amends 49:32702(8) and 32705 to clarify the restatement of 15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (
References in Text
The date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (g)(1), is the date of enactment of title I of div. C of
Sub
Amendments
2015—Subsec. (g).
2012—Subsec. (g).
1998—Subsec. (a)(4), (5).
1996—Subsec. (a).
"(1) Under regulations prescribed by the Secretary of Transportation, a person transferring ownership of a motor vehicle shall give the transferee a written disclosure—
"(A) of the cumulative mileage registered by the odometer; or
"(B) that the mileage is unknown if the transferor knows that the mileage registered by the odometer is incorrect.
"(2) A person making a written disclosure required by a regulation prescribed under paragraph (1) of this subsection may not make a false statement in the disclosure.
"(3) A person acquiring a motor vehicle for resale may accept a disclosure under this section only if it is complete.
"(4) The regulations prescribed by the Secretary shall provide the way in which information is disclosed and retained under this section."
Subsec. (b)(3)(A).
1994—Subsec. (c)(2)(A).
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Regulations
1 See References in Text note below.
§32706. Inspections, investigations, and records
(a)
(b)
(A) enter and inspect commercial premises in which a motor vehicle or motor vehicle equipment is manufactured, held for shipment or sale, maintained, or repaired;
(B) enter and inspect noncommercial premises in which the Secretary reasonably believes there is a motor vehicle or motor vehicle equipment that is an object of a violation of this chapter;
(C) inspect that motor vehicle or motor vehicle equipment; and
(D) impound for not more than 72 hours for inspection a motor vehicle or motor vehicle equipment that the Secretary reasonably believes is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness. The written notice may consist of a warrant issued under
(c)
(d)
(A) to keep records;
(B) to provide information from those records if the Secretary states the purpose for requiring the information and identifies the information to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Secretary to inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do not authorize the Secretary to require a dealer or distributor to provide information on a regular periodic basis.
(e)
(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.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32706(a) | 15:1990d(a)(1). | Oct. 20, 1972, |
| 32706(b) | 15:1990d(a)(2). | |
| 32706(c) | 15:1990d(a)(3). | |
| 32706(d) | 15:1990d(b). | |
| 32706(e)(1) | 15:1990d(c)(1)–(3). | |
| 32706(e)(2) | 15:1990d(c)(5). | |
| 32706(e)(3) | 15:1990d(c)(4). | |
| 32706(f) | 15:1990f. |
In subsection (a), the words "Subject to
In subsection (b)(1), before clause (A), the words "duly" and "stating their purpose and" are omitted as surplus. In clause (A), the words "any factory, warehouse, establishment, or other" are omitted as surplus.
In subsection (b)(2), the words "shall be commenced and completed" are omitted as surplus. The words "a warrant issued under
In subsection (c), the words "the authority of" and "any item of" are omitted as surplus.
In subsection (d)(1), before clause (A), the words "the Secretary may require" are substituted for "as the Secretary may reasonably require" and "as the Secretary finds necessary" to eliminate unnecessary words. In clause (B), the words "such officer or employee" and "reason or" are omitted as surplus. In clause (C), the words "duly" and "upon request of such officer or employee" are omitted as surplus.
In subsection (d)(2), the words "and subsection (e)(1)(B) of this section" are added for clarity.
In subsection (e)(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. The words "or, with 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 (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. The words "having materials or information" are omitted as surplus. 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 (e)(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 15:1990d(c)(4) (words before last comma) for consistency in the revised title and to eliminate unnecessary words.
Pub. L. 103–429
This amends 49:32706(e)(3) to clarify the restatement of 15:1990d(c)(4) by section 1 of the Act of July 5, 1994 (
Pub. L. 105–102
This amends 49:32706(c) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (
Amendments
1997—Subsec. (c).
1994—Subsec. (e)(3).
Effective Date of 1994 Amendment
Amendment by
§32707. Administrative warrants
(a)
(b)
(2) A judge of a court of the United States or a State court of record or a United States magistrate may issue a warrant for an inspection or impoundment under
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer or employee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant. The warrant must—
(A) identify the premises, property, or motor vehicle to be inspected and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing the warrant, and the name of the affiant;
(C) direct an individual authorized under
(D) direct that the warrant be served during the hours specified in the warrant; and
(E) name the judge or magistrate with whom proof of service is to be filed.
(4) A warrant under this section is not required when—
(A) the owner, operator, or agent in charge of the premises consents;
(B) it is reasonable to believe that the mobility of the motor vehicle to be inspected makes it impractical to obtain a warrant;
(C) an application for a warrant cannot be made because of an emergency;
(D) records are to be inspected and copied under
(E) a warrant is not constitutionally required.
(c)
(2) When property is impounded under a warrant, the individual serving the warrant shall—
(A) give the person from whose possession or premises the property was impounded a copy of the warrant and a receipt for the property; or
(B) leave the copy and receipt at the place from which the property was impounded.
(3) The judge or magistrate shall file the warrant, proof of service, and all documents filed about the warrant with the clerk of the United States district court for the judicial district in which the inspection is made.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32707(a) | 15:1990e(b)(1) (last sentence). | Oct. 20, 1972, |
| 32707(b)(1) | 15:1990e(a) (words before 1st comma). | |
| 32707(b)(2) | 15:1990e(b)(1) (1st sentence), (2) (1st sentence). | |
| 32707(b)(3) | 15:1990e(b)(2) (2d, last sentences). | |
| 32707(b)(4) | 15:1990e(a) (words after 1st comma). | |
| 32707(c)(1) | 15:1990e(b)(3) (1st, 3d–last sentences). | |
| 32707(c)(2) | 15:1990e(b)(3) (2d sentence). | |
| 32707(c)(3) | 15:1990e(b)(4). |
In subsection (a), the words "inspection or impoundment" are substituted for "administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof" to eliminate unnecessary words and for consistency in this section.
In subsection (b)(1), the words "Except as provided in paragraph (4) of this subsection" are added for clarity. The words "an inspection or impoundment" are substituted for "any entry or administrative inspection (including impoundment of motor vehicles or motor vehicle equipment)" to eliminate unnecessary words.
In subsection (b)(2), before clause (A), the words "inspection or impoundment" are substituted for "the purpose of conducting administrative inspections authorized by
In subsection (b)(3), before clause (A), the words "when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant" are substituted for "If the judge or magistrate is satisfied that grounds for the application exist or that there is a reasonable basis for believing they exist" for consistency in this section and to eliminate unnecessary words. In clauses (A) and (C), the words "area, factory, warehouse, establishment" are omitted as being included in "premises". In clause (A), the word "property" is substituted for "and, where appropriate, the type of property to be inspected, if any" to eliminate unnecessary words. In clause (B), the words "the name of the affiant" are substituted for "the name of the person or persons whose affidavit has been taken in support thereof" to eliminate unnecessary words. In clause (C), the words "command the person to whom it is directed" are omitted as surplus. The word "property" is added for consistency with the source provisions restated in clause (A) of this paragraph. In clause (E), the words "proof of service is to be filed" are substituted for "it shall be returned" for clarity.
In subsection (b)(4)(A), the words "factory, warehouse, establishment" are omitted as being included in "premises".
Subsection (b)(4)(C) is substituted for 15:1990e(a)(3) to eliminate unnecessary words.
In subsection (b)(4)(D), the words "are to be inspected and copied" are substituted for "for access to and examination" for consistency.
In subsection (b)(4)(E), the words "in any other situations where" are omitted as surplus.
In subsection (c)(2)(A), the words "from whose possession or" are substituted for "from whom or from whose" for clarity.
In subsection (c)(3), the words "shall file the warrant, proof of service, and all documents filed about the warrant" are substituted for "shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them" to eliminate unnecessary words. The words "United States district court" are substituted for "district court of the United States" for consistency with the definition in section 32101 of the revised title and with other provisions of the chapter.
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
§32708. Confidentiality of information
(a)
(1) to another officer or employee of the United States Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32708 | 15:1990d(d). | Oct. 20, 1972, |
In subsection (a), before clause (1), the words "reported to or otherwise" and "or his representative" are omitted as surplus. 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 subsection (b), the words "a committee of Congress authorized to have the information" are substituted for "the duly authorized committees of the Congress" for clarity.
§32709. Penalties and enforcement
(a)
(2) The Secretary of Transportation shall impose a civil penalty under this subsection. The Attorney General shall bring a civil action to collect the penalty. Before referring a penalty claim to the Attorney General, the Secretary may compromise the amount of the penalty. Before compromising the amount of the penalty, the Secretary shall give the person charged with a violation an opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this subsection, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(b)
(c)
(d)
(A) to enjoin the violation; or
(B) to recover amounts for which the person is liable under
(2) An action under this subsection may be brought in an appropriate United States district court or in a State court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32709(a) | 15:1988(b) (related to violating rules). | Oct. 20, 1972, |
| 15:1990b. | Oct. 20, 1972, |
|
| 32709(b) | 15:1988(b) (related to violating rules). | |
| 15:1990c. | ||
| 32709(c) | 15:1990. | Oct. 20, 1972, |
| 32709(d) | 15:1990a. | Oct. 20, 1972, |
In subsection (a)(1), the words "that violates this chapter" are substituted for "who commits any act or causes to be done any act that violates any provision of this subchapter or omits to do any act or causes to be omitted any act that is required by any such provision" in 15:1990b(a) for consistency and to eliminate unnecessary words. The words "or a regulation prescribed or order issued under this chapter" are substituted for "No transferor shall violate any rule prescribed under this section" in 15:1988 for consistency in the revised title and because "rule" is synonymous with "regulations". The words "A separate violation occurs for each motor vehicle or device involved in the violation" are substituted for "A violation of any such provision shall, for purposes of this section, constitute a separate violation with respect to each motor vehicle or device involved" in 15:1990b(a) to eliminate unnecessary words.
In subsection (a)(2), the words "on behalf of the United States" are omitted as surplus. The words "Before compromising the amount of a penalty, the Secretary shall give" are substituted for "after affording" for clarity. The words "to present views and evidence in support thereof" and "alleged" are omitted as surplus.
In subsection (b), the words "that knowingly and willfully violates this chapter" are substituted for "knowingly and willfully commits any act or causes to be done any act that violates any provision of this subchapter or knowingly and willfully omits to do any act or causes to be omitted any act that is required by such provision" to eliminate unnecessary words. The words "or a regulation prescribed or order issued under this chapter" are substituted for "No transferor shall violate any rule prescribed under this section" in 15:1988 for consistency in the revised title and because "rule" is synonymous with "regulation". The words "fined under title 18" are substituted for "fined not more than $50,000" for consistency with title 18. The words "an act in violation of" are substituted for "any of the acts or practices constituting in whole or in part a violation of" to eliminate unnecessary words.
In subsections (c) and (d), the word "enjoin" is substituted for "restrain" for consistency.
In subsection (c), the words "The United States district courts shall have jurisdiction" are omitted because of 28:1331. 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 words "the violation occurred" are substituted for "wherein any act, omission, or transaction constituting the violation occurred", and the word "resides" is substituted for "is an inhabitant", to eliminate unnecessary words. The words "may be served in" are substituted for "may run into" for clarity.
In subsection (d)(1), before clause (A), the words "this chapter or a regulation prescribed or order issued under this chapter" are substituted for "requirement imposed under this subchapter" for consistency. The words "civil action" are substituted for "any action" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d)(2), the words "without regard to the amount in controversy" are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words "United States district court" are substituted for "district court of the United States" for consistency with the definition in section 32101 of the revised title and with other provisions of the chapter.
Amendments
2012—Subsec. (a)(1).
Effective Date of 2012 Amendment
Amendment by
§32710. Civil actions by private persons
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32710(a) | 15:1989(a)(1). | Oct. 20, 1972, |
| 32710(b) | 15:1989(a)(2), (b). |
In subsection (a), the words "this chapter or a regulation prescribed or order issued under this chapter" are substituted for "requirement imposed under this subchapter" for consistency.
In subsection (b), the words "A person may bring a civil action to enforce a claim" are substituted for "An action to enforce any liability created . . . may be brought" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word "appropriate" is added for clarity. The words "without regard to the amount in controversy" are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words "after the claim accrues" are substituted for "from the date on which the liability arises" to eliminate unnecessary words. The words "The court shall award . . . to the person when a judgment is entered for that person" are substituted for "in the case of any successful action to enforce the foregoing liability . . . as determined by the court" for clarity.
Amendments
2012—Subsec. (a).
Effective Date of 2012 Amendment
Amendment by
§32711. Relationship to State law
Except to the extent that State law is inconsistent with this chapter, this chapter does not—
(1) affect a State law on disconnecting, altering, or tampering with an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32711 | 15:1991. | Oct. 20, 1972, |
In this section, before clause (1), the words "and then only to the extent of the inconsistency" are omitted as surplus. In clause (1), the word "affect" is substituted for "annul, alter, or affect" to eliminate unnecessary words. In clause (2), the words "subject to the provisions of this subchapter" are omitted as surplus.
CHAPTER 329 —AUTOMOBILE FUEL ECONOMY
Amendments
1994—
§32901. Definitions
(a)
(1) "alternative fuel" means—
(A) methanol;
(B) denatured ethanol;
(C) other alcohols;
(D) except as provided in subsection (b) of this section, a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;
(E) natural gas;
(F) liquefied petroleum gas;
(G) hydrogen;
(H) coal derived liquid fuels;
(I) fuels (except alcohol) derived from biological materials;
(J) electricity (including electricity from solar energy); and
(K) any other fuel the Secretary of Transportation prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits.
(2) "alternative fueled automobile" means an automobile that is a—
(A) dedicated automobile; or
(B) dual fueled automobile.
(3) except as provided in
(A) a vehicle operated only on a rail line;
(B) a vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or
(C) a work truck.
(4) "automobile manufactured by a manufacturer" includes every automobile manufactured by a person that controls, is controlled by, or is under common control with the manufacturer, but does not include an automobile manufactured by the person that is exported not later than 30 days after the end of the model year in which the automobile is manufactured.
(5) "average fuel economy" means average fuel economy determined under
(6) "average fuel economy standard" means a performance standard specifying a minimum level of average fuel economy applicable to a manufacturer in a model year.
(7) "commercial medium- and heavy-duty on-highway vehicle" means an on-highway vehicle with a gross vehicle weight rating of 10,000 pounds or more.
(8) "dedicated automobile" means an automobile that operates only on alternative fuel.
(9) "dual fueled automobile" means an automobile that—
(A) is capable of operating on alternative fuel or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (
(B) provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the United States Government, when operating on alternative fuel as when operating on gasoline or diesel fuel;
(C) for model years 1993–1995 for an automobile capable of operating on a mixture of an alternative fuel and gasoline or diesel fuel and if the Administrator of the Environmental Protection Agency decides to extend the application of this subclause, for an additional period ending not later than the end of the last model year to which section 32905(b) and (d) of this title applies, provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the Government, when operating on a mixture of alternative fuel and gasoline or diesel fuel containing exactly 50 percent gasoline or diesel fuel as when operating on gasoline or diesel fuel; and
(D) for a passenger automobile, meets or exceeds the minimum driving range prescribed under subsection (c) of this section.
(10) "fuel" means—
(A) gasoline;
(B) diesel oil; or
(C) other liquid or gaseous fuel that the Secretary decides by regulation to include in this definition as consistent with the need of the United States to conserve energy.
(11) "fuel economy" means the average number of miles traveled by an automobile for each gallon of gasoline (or equivalent amount of other fuel) used, as determined by the Administrator under
(12) "import" means to import into the customs territory of the United States.
(13) "manufacture" (except under
(14) "manufacturer" means—
(A) a person engaged in the business of manufacturing automobiles, including a predecessor or successor of the person to the extent provided under regulations prescribed by the Secretary; and
(B) if more than one person is the manufacturer of an automobile, the person specified under regulations prescribed by the Secretary.
(15) "model" means a class of automobiles as decided by regulation by the Administrator after consulting and coordinating with the Secretary.
(16) "model year", when referring to a specific calendar year, means—
(A) the annual production period of a manufacturer, as decided by the Administrator, that includes January 1 of that calendar year; or
(B) that calendar year if the manufacturer does not have an annual production period.
(17) "non-passenger automobile" means an automobile that is not a passenger automobile or a work truck.
(18) "passenger automobile" means an automobile that the Secretary decides by regulation is manufactured primarily for transporting not more than 10 individuals, but does not include an automobile capable of off-highway operation that the Secretary decides by regulation—
(A) has a significant feature (except 4-wheel drive) designed for off-highway operation; and
(B) is a 4-wheel drive automobile or is rated at more than 6,000 pounds gross vehicle weight.
(19) "work truck" means a vehicle that—
(A) is rated at between 8,500 and 10,000 pounds gross vehicle weight; and
(B) is not a medium-duty passenger vehicle (as defined in section 86.1803–01 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act).
(b)
(c)
(2)(A) The Secretary may prescribe a lower range for a specific model than that prescribed under paragraph (1) of this subsection. A manufacturer may petition for a lower range than that prescribed under paragraph (1) for a specific model.
(B) The minimum driving range prescribed for dual fueled automobiles (except electric automobiles) under subparagraph (A) of this paragraph or paragraph (1) of this subsection must be at least 200 miles, except that beginning with model year 2016, alternative fueled automobiles that use a fuel described in subparagraph (E) of subsection (a)(1) shall have a minimum driving range of 150 miles.
(C) If the Secretary prescribes a minimum driving range of 200 miles for dual fueled automobiles (except electric automobiles) under paragraph (1) of this subsection, subparagraph (A) of this paragraph does not apply to dual fueled automobiles (except electric automobiles). Beginning with model year 2016, if the Secretary prescribes a minimum driving range of 150 miles for alternative fueled automobiles that use a fuel described in subparagraph (E) of subsection (a)(1), subparagraph (A) shall not apply to dual fueled automobiles (except electric automobiles).
(3) In prescribing a minimum driving range under paragraph (1) of this subsection and in taking an action under paragraph (2) of this subsection, the Secretary shall consider the purpose set forth in section 3 of the Alternative Motor Fuels Act of 1988 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32901(a)(1) | 15:2013(h)(1)(A) (less words in 1st parentheses). | Oct. 20, 1972, |
| 32901(a)(2) | 15:2013(h)(1)(B). | |
| 32901(a)(3) | 15:2001(1). | Oct. 20, 1972, |
| 15:2001(13), (14). | Oct. 20, 1972, |
|
| 32901(a)(4) | 15:2003(c). | |
| 32901(a)(5) | 15:2001(4). | |
| 32901(a)(6) | 15:2001(7). | |
| 32901(a)(7) | 15:2013(h)(1)(C). | |
| 32901(a)(8) | 15:2001(h)(1)(D). | |
| 32901(a)(9) | 15:2001(5). | |
| 32901(a)(10) | 15:2001(6). | |
| 32901(a)(11) | 15:2001(10). | |
| 32901(a)(12) | 15:2001(9). | Oct. 20, 1972, |
| 32901(a)(13) | 15:2001(8). | |
| 32901(a)(14) | 15:2001(11). | |
| 32901(a)(15) | 15:2001(12). | |
| 32901(a)(16) | 15:2001(2), (3). | |
| 32901(b) | 15:2013(h)(1)(A) (words in 1st parentheses). | |
| 32901(c)(1) | 15:2013(h)(2)(A). | |
| 32901(c)(2) | 15:2013(h)(2)(B), (C). | |
| 32901(c)(3) | 15:2013(h)(2)(D). |
In this chapter, the word "model" is substituted for "model type" for consistency in this part.
In subsection (a)(3), before clause (A), the words "except as provided in
In subsection (a)(4), the words " 'automobile manufactured by a manufacturer' includes" are substituted for "Any reference in this subchapter to automobiles manufactured by a manufacturer shall be deemed—(1) to include" to eliminate unnecessary words. The word "every" is substituted for "all" because of the restatement. The words "but does not include" are substituted for "to exclude" for consistency. The words "manufactured by the person" are substituted for "manufactured (within the meaning of paragraph (1))" to eliminate unnecessary words.
In subsection (a)(10), the words "in accordance with procedures established" are omitted as surplus.
In subsection (a)(14), the word "particular" is omitted as surplus.
Subsection (a)(15)(B) is substituted for "If a manufacturer has no annual production period, the term 'model year' means the calendar year" to eliminate unnecessary words.
In subsection (a)(16), before clause (A), the words "but does not include an automobile capable of off-highway operation that" are substituted for "(other than an automobile capable of off-highway operation)" and "The term 'automobile capable of off-highway operation' means any automobile which" to eliminate unnecessary words.
In subsection (b), the words "The Secretary may prescribe regulations changing the percentage . . . to not less than 70 percent because of" are substituted for "but not less than 70 percent, as determined by the Secretary, by rule, to provide for" for clarity and because of the restatement.
In subsection (c)(1), the words "For purposes of the definitions in paragraph (1)(D)" are omitted as unnecessary because of the restatement. The words "within 18 months after October 14, 1988" are omitted as obsolete. The words "prescribe by regulation" are substituted for "establish by rule of general applicability" for clarity and consistency in the revised title and with other titles of the United States Code and because "rule" is synonymous with "regulation". The words "that are passenger automobiles" are substituted for "The rule issued under this subparagraph shall apply only to dual fueled automobiles that are passenger automobiles" to eliminate unnecessary words.
References in Text
The date of the enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (a)(19)(B), is the date of enactment of subtitle A (§§101–113) of title I of
Section 3 of the Alternative Motor Fuels Act of 1988, referred to in subsec. (c)(3), is section 3 of
Amendments
2014—Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
2007—Subsec. (a)(3).
"(A) not more than 6,000 pounds gross vehicle weight; or
"(B) more than 6,000, but less than 10,000, pounds gross vehicle weight, if the Secretary decides by regulation that—
"(i) an average fuel economy standard under this chapter for the vehicle is feasible; and
"(ii) an average fuel economy standard under this chapter for the vehicle will result in significant energy conservation or the vehicle is substantially used for the same purposes as a vehicle rated at not more than 6,000 pounds gross vehicle weight."
Subsec. (a)(7), (8).
Subsec. (a)(9).
Subsec. (a)(9)(A).
Subsec. (a)(10) to (16).
Subsec. (a)(17).
Subsec. (a)(18).
Subsec. (a)(19).
Effective Date of 2007 Amendment
Amendment by
Consumer Assistance to Recycle and Save
"
"
"(1) authorize the issuance of an electronic voucher, subject to the specifications set forth in subsection (c), to offset the purchase price or lease price for a qualifying lease of a new fuel efficient automobile upon the surrender of an eligible trade-in vehicle to a dealer participating in the Program;
"(2) register dealers for participation in the Program and require that all registered dealers—
"(A) accept vouchers as provided in this section as partial payment or down payment for the purchase or qualifying lease of any new fuel efficient automobile offered for sale or lease by that dealer; and
"(B) in accordance with subsection (c)(2), to transfer each eligible trade-in vehicle surrendered to the dealer under the Program to an entity for disposal;
"(3) in consultation with the Secretary of the Treasury, make electronic payments to dealers for eligible transactions by such dealers, in accordance with the regulations issued under subsection (d); and
"(4) in consultation with the Secretary of the Treasury and the Inspector General of the Department of Transportation, establish and provide for the enforcement of measures to prevent and penalize fraud under the program.
"(b)
"(1) $3,500
"(A) the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 4 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle;
"(B) the new fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 2 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle;
"(C) the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 15 miles per gallon and—
"(i) the eligible trade-in vehicle is a category 2 truck and the combined fuel economy value of the new fuel efficient automobile is at least 1 mile per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or
"(ii) the eligible trade-in vehicle is a category 3 truck of model year 2001 or earlier; or
"(D) the new fuel efficient automobile is a category 3 truck and the eligible trade-in vehicle is a category 3 truck of model year of 2001 or earlier and is of similar size or larger than the new fuel efficient automobile as determined in a manner prescribed by the Secretary.
"(2) $4,500
"(A) the new fuel efficient automobile is a passenger automobile and the combined fuel economy value of such automobile is at least 10 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle;
"(B) the new fuel efficient automobile is a category 1 truck and the combined fuel economy value of such truck is at least 5 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; or
"(C) the new fuel efficient automobile is a category 2 truck that has a combined fuel economy value of at least 15 miles per gallon and the combined fuel economy value of such truck is at least 2 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle and the eligible trade-in vehicle is a category 2 truck.
"(c)
"(1)
"(A)
"(B)
"(C)
"(D)
"(E)
"(F)
"(G)
"(2)
"(A)
"(i) has not and will not sell, lease, exchange, or otherwise dispose of the vehicle for use as an automobile in the United States or in any other country; and
"(ii) will transfer the vehicle (including the engine block), in such manner as the Secretary prescribes, to an entity that will ensure that the vehicle—
"(I) will be crushed or shredded within such period and in such manner as the Secretary prescribes; and
"(II) has not been, and will not be, sold, leased, exchanged, or otherwise disposed of for use as an automobile in the United States or in any other country.
"(B)
"(i) selling any parts of the disposed vehicle other than the engine block and drive train (unless with respect to the drive train, the transmission, drive shaft, or rear end are sold as separate parts); or
"(ii) retaining the proceeds from such sale.
"(C)
"(d)
"(1) provide for a means of registering dealers for participation in the Program;
"(2) establish procedures for the reimbursement of dealers participating in the Program to be made through electronic transfer of funds for the amount of the vouchers as soon as practicable but no longer than 10 days after the submission of information supporting the eligible transaction, as deemed appropriate by the Secretary;
"(3) require the dealer to use the voucher in addition to any other rebate or discount advertised by the dealer or offered by the manufacturer for the new fuel efficient automobile and prohibit the dealer from using the voucher to offset any such other rebate or discount;
"(4) require dealers to disclose to the person trading in an eligible trade-in vehicle the best estimate of the scrappage value of such vehicle and to permit the dealer to retain $50 of any amounts paid to the dealer for scrappage of the automobile as payment for any administrative costs to the dealer associated with participation in the Program;
"(5) consistent with subsection (c)(2), establish requirements and procedures for the disposal of eligible trade-in vehicles and provide such information as may be necessary to entities engaged in such disposal to ensure that such vehicles are disposed of in accordance with such requirements and procedures, including—
"(A) requirements for the removal and appropriate disposition of refrigerants, antifreeze, lead products, mercury switches, and such other toxic or hazardous vehicle components prior to the crushing or shredding of an eligible trade-in vehicle, in accordance with rules established by the Secretary in consultation with the Administrator of the Environmental Protection Agency, and in accordance with other applicable Federal or State requirements;
"(B) a mechanism for dealers to certify to the Secretary that each eligible trade-in vehicle will be transferred to an entity that will ensure that the vehicle is disposed of, in accordance with such requirements and procedures, and to submit the vehicle identification numbers of the vehicles disposed of and the new fuel efficient automobile purchased with each voucher;
"(C) a mechanism for obtaining such other certifications as deemed necessary by the Secretary from entities engaged in vehicle disposal; and
"(D) a list of entities to which dealers may transfer eligible trade-in vehicles for disposal; and
"(6) provide for the enforcement of the penalties described in subsection (e).
"(e)
"(1)
"(2)
"(f)
"(1) how to determine if a vehicle is an eligible trade-in vehicle;
"(2) how to participate in the Program, including how to determine participating dealers; and
"(3) a comprehensive list, by make and model, of new fuel efficient automobiles meeting the requirements of the Program.
Once such information is available, the Secretary shall conduct a public awareness campaign to inform consumers about the Program and where to obtain additional information.
"(g)
"(1)
"(2)
"(A) a description of Program results, including—
"(i) the total number and amount of vouchers issued for purchase or lease of new fuel efficient automobiles by manufacturer (including aggregate information concerning the make, model, model year) and category of automobile;
"(ii) aggregate information regarding the make, model, model year, and manufacturing location of vehicles traded in under the Program; and
"(iii) the location of sale or lease;
"(B) an estimate of the overall increase in fuel efficiency in terms of miles per gallon, total annual oil savings, and total annual greenhouse gas reductions, as a result of the Program; and
"(C) an estimate of the overall economic and employment effects of the Program.
"(3)
"(h)
"(1)
"(2)
"(i)
"(1) the term 'passenger automobile' means a passenger automobile, as defined in
"(2) the term 'category 1 truck' means a nonpassenger automobile, as defined in
"(3) the term 'category 2 truck' means a large van or a large pickup, as categorized by the Secretary using the method used by the Environmental Protection Agency and described in the report entitled 'Light-Duty Automotive Technology and Fuel Economy Trends: 1975 through 2008';
"(4) the term 'category 3 truck' means a work truck, as defined in
"(5) the term 'combined fuel economy value' means—
"(A) with respect to a new fuel efficient automobile, the number, expressed in miles per gallon, centered below the words 'Combined Fuel Economy' on the label required to be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40, Code of Federal Regulations;
"(B) with respect to an eligible trade-in vehicle, the equivalent of the number described in subparagraph (A), and posted under the words 'Estimated New EPA MPG' and above the word 'Combined' for vehicles of model year 1984 through 2007, or posted under the words 'New EPA MPG' and above the word 'Combined' for vehicles of model year 2008 or later on the fueleconomy.gov website of the Environmental Protection Agency for the make, model, and year of such vehicle; or
"(C) with respect to an eligible trade-in vehicle manufactured between model years 1978 through 1985, the equivalent of the number described in subparagraph (A) as determined by the Secretary (and posted on the website of the National Highway Traffic Safety Administration) using data maintained by the Environmental Protection Agency for the make, model, and year of such vehicle.
"(6) the term 'dealer' means a person licensed by a State who engages in the sale of new automobiles to ultimate purchasers;
"(7) the term 'eligible trade-in vehicle' means an automobile or a work truck (as such terms are defined in
"(A) is in drivable condition;
"(B) has been continuously insured consistent with the applicable State law and registered to the same owner for a period of not less than 1 year immediately prior to such trade-in;
"(C) was manufactured less than 25 years before the date of the trade-in; and
"(D) in the case of an automobile, has a combined fuel economy value of 18 miles per gallon or less;
"(8) the term 'new fuel efficient automobile' means an automobile described in paragraph (1), (2), (3), or (4)—
"(A) the equitable or legal title of which has not been transferred to any person other than the ultimate purchaser;
"(B) that carries a manufacturer's suggested retail price of $45,000 or less;
"(C) that—
"(i) in the case of passenger automobiles, category 1 trucks, or category 2 trucks, is certified to applicable standards under section 86.1811–04 of title 40, Code of Federal Regulations; or
"(ii) in the case of category 3 trucks, is certified to the applicable vehicle or engine standards under section 86.1816–08, 86–007–11 [probably means 86.007–11], or 86.008–10 of title 40, Code of Federal Regulations; and
"(D) that has the combined fuel economy value of at least—
"(i) 22 miles per gallon for a passenger automobile;
"(ii) 18 miles per gallon for a category 1 truck; or
"(iii) 15 miles per gallon for a category 2 truck;
"(9) the term 'Program' means the Consumer Assistance to Recycle and Save Program established by this section;
"(10) the term 'qualifying lease' means a lease of an automobile for a period of not less than 5 years;
"(11) the term 'scrappage value' means the amount received by the dealer for a vehicle upon transferring title of such vehicle to the person responsible for ensuring the dismantling and destroying of the vehicle;
"(12) the term 'Secretary' means the Secretary of Transportation acting through the National Highway Traffic Safety Administration;
"(13) the term 'ultimate purchaser' means, with respect to any new automobile, the first person who in good faith purchases such automobile for purposes other than resale;
"(14) the term 'vehicle identification number' means the 17 character number used by the automobile industry to identify individual automobiles; and
"(15) the term 'voucher' means an electronic transfer of funds to a dealer based on an eligible transaction under this program.
"(j)
§32902. Average fuel economy standards
(a)
(b)
(1)
(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;
(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and
(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (k).
(2)
(A)
(B)
(C)
(3)
(A) prescribe by regulation separate average fuel economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to fuel economy and express each standard in the form of a mathematical function; and
(B) issue regulations under this title prescribing average fuel economy standards for at least 1, but not more than 5, model years.
(4)
(A) 27.5 miles per gallon; or
(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger automobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be published in the Federal Register when the standard for that model year is promulgated in accordance with this section.
(c)
(d)
(A) finds that the applicable standard under those subsections is more stringent than the maximum feasible average fuel economy level that the manufacturer can achieve; and
(B) prescribes by regulation an alternative average fuel economy standard for the passenger automobiles manufactured by the exempted manufacturer that the Secretary decides is the maximum feasible average fuel economy level for the manufacturers to which the alternative standard applies.
(2) An alternative average fuel economy standard the Secretary of Transportation prescribes under paragraph (1)(B) of this subsection may apply to an individually exempted manufacturer, to all automobiles to which this subsection applies, or to classes of passenger automobiles, as defined under regulations of the Secretary, manufactured by exempted manufacturers.
(3) Notwithstanding paragraph (1) of this subsection, an importer registered under
(A) imports; or
(B) brings into compliance with applicable motor vehicle safety standards prescribed under
(4) The Secretary of Transportation may prescribe the contents of an application for an exemption.
(e)
(A) as an ambulance or combination ambulance-hearse;
(B) by the United States Government or a State or local government for law enforcement; or
(C) for other emergency uses prescribed by regulation by the Secretary of Transportation.
(2) A manufacturer may elect to have the fuel economy of an emergency vehicle excluded in applying a fuel economy standard under subsection (a), (b), (c), or (d) of this section. The election is made by providing written notice to the Secretary of Transportation and to the Administrator of the Environmental Protection Agency.
(f)
(g)
(2) When the Secretary of Transportation prescribes an amendment under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment (and submit the amendment to Congress when required under subsection (c)(2) of this section) at least 18 months before the beginning of the model year to which the amendment applies.
(h)
(1) may not consider the fuel economy of dedicated automobiles;
(2) shall consider dual fueled automobiles to be operated only on gasoline or diesel fuel; and
(3) may not consider, when prescribing a fuel economy standard, the trading, transferring, or availability of credits under section 32903.
(i)
(j)
(2) Before taking final action on a standard or an exemption from a standard under this section, the Secretary of Transportation shall notify the Secretary of Energy and provide the Secretary of Energy a reasonable time to comment.
(k)
(1)
(A) the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles and work trucks;
(B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used;
(C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency; and
(D) such other factors and conditions that could have an impact on a program to improve commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency.
(2)
(3)
(A) 4 full model years of regulatory lead-time; and
(B) 3 full model years of regulatory stability.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32902(a) | 15:2002(b). | Oct. 20, 1972, |
| 32902(b) | 15:2002(a)(1), (3). | |
| 32902(c)(1) | 15:2002(a)(4) (words before 5th comma), (h). | |
| 32902(c)(2) | 15:2002(a)(4) (words after 5th comma), (5). | |
| 32902(d) | 15:1397 (note). | Oct. 31, 1988, |
| 15:2002(c). | ||
| 32902(e) | 15:2002(g). | Oct. 20, 1972, |
| 32902(f) | 15:2002(e) (1st sentence). | |
| 32902(g) | 15:2002(f). | |
| 32902(h) | 15:2002(e) (last sentence). | Oct. 20, 1972, |
| 15:2013(g)(2)(B). | ||
| 32902(i) | 15:2002(i) (1st sentence). | Oct. 20, 1972, |
| 32902(j) | 15:2002(i) (2d, last sentences), (j). |
In subsection (a), the words "Any standard applicable to a model year under this subsection shall be prescribed" are omitted as surplus. The words "which begins more than 30 months after December 22, 1975" are omitted as executed.
In subsection (b), the text of 15:2002(a)(1) (related to model years before 1985) and (3) is omitted as expired. The words "at least" are omitted as unnecessary because of the source provisions restated in subsection (c) of this section.
In subsection (c)(1), the words "Subject to paragraph (2) of this subsection" are added for clarity. The words "may prescribe regulations amending" are substituted for "may, by rule, amend" for clarity and consistency in the revised title and because "rule" is synonymous with "regulation". The words "for a model year" are substituted for "for model year 1985, or for any subsequent model year" to eliminate the expired limitation. The reference in 15:2002(h) to 15:2002(d) is omitted because 15:2002(d) is omitted from the revised title as executed. The words "as well as written" are omitted as surplus.
In subsection (c)(2), the words "If an amendment increases the standard . . . or decreases the standard" are substituted for "except that any amendment that has the effect of increasing . . . a standard . . ., or of decreasing . . . a standard" to eliminate unnecessary words. The words "For purposes of considering any modification which is submitted to the Congress under paragraph (4)" are omitted as surplus. The words "are deemed to be" are substituted for "shall be lengthened to" for clarity and consistency.
In subsection (d)(1), before clause (A), the words "Except as provided in paragraph (3) of this subsection" are added because of the restatement. The words "in the model year 2 years before" are substituted for "in the second model year preceding" for clarity. The words "The Secretary may exempt a manufacturer only if the Secretary" are substituted for "Such exemption may only be granted if the Secretary" and "The Secretary may not issue exemptions with respect to a model year unless he" to eliminate unnecessary words. The words "each such standard shall be set at a level which" are omitted as surplus.
In subsection (d)(3), before clause (A), the words "Notwithstanding paragraph (1) of this subsection" are substituted for "Notwithstanding any provision of law authorizing exemptions from energy conservation requirements for manufacturers of fewer than 10,000 motor vehicles" to eliminate unnecessary words. In clause (B), the word "compliance" is substituted for "conformity" for consistency with
Subsection (d)(4) is substituted for 15:2002(c)(1) (2d sentence) to eliminate unnecessary words. The text of 15:2002(c)(2) is omitted as expired.
In subsection (e)(1)(B), the words "police or other" are omitted as unnecessary because the authority to prescribe standards includes the authority to amend those standards.
In subsection (g)(1), the words "from time to time" are omitted as unnecessary. The cross-reference to 15:2002(a)(3) is omitted as executed because 15:2002(a)(3) applied to model years 1981–1984.
In subsection (g)(2), the words "that makes" are substituted for "has the effect of making" to eliminate unnecessary words.
In subsection (i), the words "his responsibilities under" are omitted as surplus.
In subsection (j), the reference to 15:2002(d) and the words "or any modification of" are omitted because 15:2002(d) is omitted from the revised title as executed.
In subsection (j)(1), the words "to prescribe or amend" are substituted for "to establish, reduce, or amend" to eliminate unnecessary words. The words "adverse impact" are substituted for "level" for clarity and consistency. The words "those comments" are substituted for "unaccommodated comments" for clarity.
References in Text
Section 108 of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (k)(1), is section 108 of
Amendments
2007—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (h)(3).
Subsec. (k).
Effective Date of 2007 Amendment
Amendment by
Continued Applicability of Existing Standards
National Academy of Sciences Studies
"(a)
"(1) an assessment of automotive technologies and costs to reflect developments since the Academy's 2002 report evaluating the corporate average fuel economy standards was conducted;
"(2) an analysis of existing and potential technologies that may be used practically to improve automobile and medium-duty and heavy-duty truck fuel economy;
"(3) an analysis of how such technologies may be practically integrated into the automotive and medium-duty and heavy-duty truck manufacturing process; and
"(4) an assessment of how such technologies may be used to meet the new fuel economy standards under
"(b)
"(c)
The Energy Independence and Security Act of 2007
Memorandum of President of the United States, Jan. 26, 2009, 74 F.R. 4907, provided:
Memorandum for the Secretary of Transportation [and] the Administrator of the National Highway Traffic Safety Administration
In 2007, the Congress passed the Energy Independence and Security Act (EISA). This law mandates that, as part of the Nation's efforts to achieve energy independence, the Secretary of Transportation prescribe annual fuel economy increases for automobiles, beginning with model year 2011, resulting in a combined fuel economy fleet average of at least 35 miles per gallon by model year 2020. On May 2, 2008, the National Highway Traffic Safety Administration (NHTSA) published a Notice of Proposed Rulemaking entitled Average Fuel Economy Standards, Passenger Cars and Light Trucks; Model Years 2011–2015, 73 Fed. Reg. 24352. In the notice and comment period, the NHTSA received numerous comments, some of them contending that certain aspects of the proposed rule, including appendices providing for preemption of State laws, were inconsistent with provisions of EISA and the Supreme Court's decision in Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007).
Federal law requires that the final rule regarding fuel economy standards be adopted at least 18 months before the beginning of the model year (
Therefore, I request that:
(a) in order to comply with the EISA requirement that fuel economy increases begin with model year 2011, you take all measures consistent with law, and in coordination with the Environmental Protection Agency, to publish in the Federal Register by March 30, 2009, a final rule prescribing increased fuel economy for model year 2011;
(b) before promulgating a final rule concerning model years after model year 2011, you consider the appropriate legal factors under the EISA, the comments filed in response to the Notice of Proposed Rulemaking, the relevant technological and scientific considerations, and to the extent feasible, the forthcoming report by the National Academy of Sciences mandated under section 107 of EISA; and
(c) in adopting the final rules in paragraphs (a) and (b) above, you consider whether any provisions regarding preemption are consistent with the EISA, the Supreme Court's decision in Massachusetts v. EPA and other relevant provisions of law and the policies underlying them.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Secretary of Transportation is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Improving Energy Security, American Competitiveness and Job Creation, and Environmental Protection Through a Transformation of Our Nation's Fleet of Cars And Trucks
Memorandum of President of the United States, May 21, 2010, 75 F.R. 29399, provided:
Memorandum for the Secretary of Transportation[,] the Secretary of Energy[,] the Administrator of the Environmental Protection Agency[, and] the Administrator of the National Highway Traffic Safety Administration
America has the opportunity to lead the world in the development of a new generation of clean cars and trucks through innovative technologies and manufacturing that will spur economic growth and create high-quality domestic jobs, enhance our energy security, and improve our environment. We already have made significant strides toward reducing greenhouse gas pollution and enhancing fuel efficiency from motor vehicles with the joint rulemaking issued by the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) on April 1, 2010, which regulates these attributes of passenger cars and light-duty trucks for model years 2012–2016. In this memorandum, I request that additional coordinated steps be taken to produce a new generation of clean vehicles.
While the Federal Government and many States have now created a harmonized framework for addressing the fuel economy of and greenhouse gas emissions from cars and light-duty trucks, medium- and heavy-duty trucks and buses continue to be a major source of fossil fuel consumption and greenhouse gas pollution. I therefore request that the Administrators of the EPA and the NHTSA immediately begin work on a joint rulemaking under the Clean Air Act (CAA) and the Energy Independence and Security Act of 2007 (EISA) to establish fuel efficiency and greenhouse gas emissions standards for commercial medium- and heavy-duty vehicles beginning with model year 2014, with the aim of issuing a final rule by July 30, 2011. As part of this rule development process, I request that the Administrators of the EPA and the NHTSA:
(a) Propose and take comment on strategies, including those designed to increase the use of existing technologies, to achieve substantial annual progress in reducing transportation sector emissions and fossil fuel consumption consistent with my Administration's overall energy and climate security goals. These strategies should consider whether particular segments of the diverse heavy-duty vehicle sector present special opportunities to reduce greenhouse gas emissions and increase fuel economy. For example, preliminary estimates indicate that large tractor trailers, representing half of all greenhouse gas emissions from this sector, can reduce greenhouse gas emissions by as much as 20 percent and increase their fuel efficiency by as much as 25 percent with the use of existing technologies;
(b) Include fuel efficiency and greenhouse gas emissions standards that take into account the market structure of the trucking industry and the unique demands of heavy-duty vehicle applications; seek harmonization with applicable State standards; consider the findings and recommendations published in the National Academy of Science report on medium- and heavy-duty truck regulation; strengthen the industry and enhance job creation in the United States; and
(c) Seek input from all stakeholders, while recognizing the continued leadership role of California and other States.
Building on the earlier joint rulemaking, and in order to provide greater certainty and incentives for long-term innovation by automobile and light-duty vehicle manufacturers, I request that the Administrators of the EPA and the NHTSA develop, through notice and comment rulemaking, a coordinated national program under the CAA and the EISA to improve fuel efficiency and to reduce greenhouse gas emissions of passenger cars and light-duty trucks of model years 2017–2025. The national program should seek to produce joint Federal standards that are harmonized with applicable State standards, with the goal of ensuring that automobile manufacturers will be able to build a single, light-duty national fleet. The program should also seek to achieve substantial annual progress in reducing transportation sector greenhouse gas emissions and fossil fuel consumption, consistent with my Administration's overall energy and climate security goals, through the increased domestic production and use of existing, advanced, and emerging technologies, and should strengthen the industry and enhance job creation in the United States. As part of implementing the national program, I request that the Administrators of the EPA and the NHTSA:
(a) Work with the State of California to develop by September 1, 2010, a technical assessment to inform the rulemaking process, reflecting input from an array of stakeholders on relevant factors, including viable technologies, costs, benefits, lead time to develop and deploy new and emerging technologies, incentives and other flexibilities to encourage development and deployment of new and emerging technologies, impacts on jobs and the automotive manufacturing base in the United States, and infrastructure for advanced vehicle technologies; and
(b) Take all measures consistent with law to issue by September 30, 2010, a Notice of Intent to Issue a Proposed Rule that announces plans for setting stringent fuel economy and greenhouse gas emissions standards for light-duty vehicles of model year 2017 and beyond, including plans for initiating joint rulemaking and gathering any additional information needed to support regulatory action. The Notice should describe the key elements of the program that the EPA and the NHTSA intend jointly to propose, under their respective statutory authorities, including potential standards that could be practicably implemented nationally for the 2017–2025 model years and a schedule for setting those standards as expeditiously as possible, consistent with providing sufficient lead time to vehicle manufacturers.
The success of our efforts to achieve enhanced energy security and to protect the environment also depends upon the development of infrastructure and promotion of fuels, including biofuels, which will enable the development and widespread deployment of advanced technologies. Therefore, I further request that:
(a) The Administrator of the EPA review for adequacy the current nongreenhouse gas emissions regulations for new motor vehicles, new motor vehicle engines, and motor vehicle fuels, including tailpipe emissions standards for nitrogen oxides and air toxics, and sulfur standards for gasoline. If the Administrator of the EPA finds that new emissions regulations are required, then I request that the Administrator of the EPA promulgate such regulations as part of a comprehensive approach toward regulating motor vehicles; and [sic]
(b) The Secretary of Energy promote the deployment of advanced technology vehicles by providing technical assistance to cities preparing for deployment of electric vehicles, including plug-in hybrids and all-electric vehicles; and
(c) The Department of Energy work with stakeholders on the development of voluntary standards to facilitate the robust deployment of advanced vehicle technologies and coordinate its efforts with the Department of Transportation, the NHTSA, and the EPA.
(a) This memorandum shall be implemented consistent with applicable law, including international trade obligations, and subject to the availability of appropriations.
(b) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(c) Nothing in this memorandum shall be construed to impair or otherwise affect:
(1) authority granted by law to a department, agency, or the head thereof; or
(2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
The Secretary of Transportation is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§32903. Credits for exceeding average fuel economy standards
(a)
(1) any of the 3 consecutive model years immediately before the model year for which the credits are earned; and
(2) to the extent not used under paragraph (1) 1 any of the 5 consecutive model years immediately after the model year for which the credits are earned.
(b)
(2)(A) Before the end of a model year, if a manufacturer has reason to believe that its average fuel economy for passenger automobiles will be less than the applicable standard for that model year, the manufacturer may submit a plan to the Secretary of Transportation demonstrating that the manufacturer will earn sufficient credits under this section within the next 3 model years to allow the manufacturer to meet that standard for the model year involved. Unless the Secretary finds that the manufacturer is unlikely to earn sufficient credits under the plan, the Secretary shall approve the plan. Those credits are available for the model year involved if—
(i) the Secretary approves the plan; and
(ii) the manufacturer earns those credits as provided by the plan.
(B) If the average fuel economy of a manufacturer is less than the applicable standard under subsections (a) through (d) of section 32902 after applying credits under subsection (a)(1) of this section, the Secretary of Transportation shall notify the manufacturer and give the manufacturer a reasonable time (of at least 60 days) to submit a plan.
(c)
(1) the number of tenths of a mile a gallon by which the average fuel economy of the passenger automobiles manufactured by the manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard under subsections (a) through (d) of section 32902; times
(2) the number of passenger automobiles manufactured by the manufacturer during that model year.
(d)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(A) for model years 2011 through 2013, 1.0 mile per gallon;
(B) for model years 2014 through 2017, 1.5 miles per gallon; and
(C) for model year 2018 and subsequent model years, 2.0 miles per gallon.
(4)
(5)
(6)
(A)
(B)
(i) Passenger automobiles manufactured domestically.
(ii) Passenger automobiles not manufactured domestically.
(iii) Non-passenger automobiles.
(h)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32903(a) | 15:2002(l)(1)(B), (4). | Oct. 20, 1972, |
| 32903(b)(1) | 15:2002(l)(1)(A). | |
| 32903(b)(2) | 15:2002(l)(1)(C). | |
| 32903(c) | 15:2002(l)(1)(D). | |
| 32903(d) | 15:2002(l)(1)(E). | |
| 32903(e) | 15:2002(l)(2). | |
| 32903(f) | 15:2002(l)(3). |
In this section, various forms of the words "apply credits" are substituted for various forms of "credits are available to be taken into account" to be more concise and to make more clear the distinction between when credits are available and to what years they may be applied.
In subsection (a), before clause (1), the text of 15:2002(l)(4) is omitted as surplus because of 49:322(a). The words "any adjustment under subsection (d) of this section" are omitted because 15:2002(d) is omitted from the revised title as executed. The words "calculated under subparagraph (C)" (which apparently should be "calculated under subparagraph (D)") are omitted as surplus. In clauses (1) and (2), the words "with respect to the average fuel economy of that manufacturer" are omitted as surplus. The words "year for which the credits are earned" are substituted for "year in which such manufacturer exceeds such applicable average fuel economy standard" to eliminate unnecessary words.
Subsection (b)(1) is substituted for 15:2002(l)(1)(A) to eliminate unnecessary words.
In subsection (b)(2)(A) is substituted for 15:2002(l)(1)(C)(i)–(iii) to eliminate unnecessary words.
In subsection (e), the words "as provided in this section for passenger automobiles" are substituted for "as provided for under paragraph (1)" for clarity. The text of 15:2002(l)(2) (last sentence) is omitted as expired.
Amendments
2007—Subsec. (a).
Subsec. (a)(2).
Subsecs. (b)(2)(B), (c)(1).
Subsecs. (f) to (h).
Effective Date of 2007 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
§32904. Calculation of average fuel economy
(a)
(A)
(B) section 32902(b)–(d) of this title by dividing—
(i) the number of passenger automobiles manufactured by the manufacturer in a model year; by
(ii) the sum of the fractions obtained by dividing the number of passenger automobiles of each model manufactured by the manufacturer in that model year by the fuel economy measured for that model.
(2)(A) In this paragraph, "electric vehicle" means a vehicle powered primarily by an electric motor drawing electrical current from a portable source.
(B) If a manufacturer manufactures an electric vehicle, the Administrator shall include in the calculation of average fuel economy under paragraph (1) of this subsection equivalent petroleum based fuel economy values determined by the Secretary of Energy for various classes of electric vehicles. The Secretary shall review those values each year and determine and propose necessary revisions based on the following factors:
(i) the approximate electrical energy efficiency of the vehicle, considering the kind of vehicle and the mission and weight of the vehicle.
(ii) the national average electrical generation and transmission efficiencies.
(iii) the need of the United States to conserve all forms of energy and the relative scarcity and value to the United States of all fuel used to generate electricity.
(iv) the specific patterns of use of electric vehicles compared to petroleum-fueled vehicles.
(b)
(i) passenger automobiles manufactured domestically by a manufacturer (or included in this category under paragraph (5) of this subsection); and
(ii) passenger automobiles not manufactured domestically by that manufacturer (or excluded from this category under paragraph (5) of this subsection).
(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of this paragraph are deemed to be manufactured by separate manufacturers under this chapter, except for the purposes of section 32903.
(2) In this subsection (except as provided in paragraph (3)), a passenger automobile is deemed to be manufactured domestically in a model year if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States or Canada, unless the assembly of the automobile is completed in Canada and the automobile is imported into the United States more than 30 days after the end of the model year.
(3)(A) In this subsection, a passenger automobile is deemed to be manufactured domestically in a model year, as provided in subparagraph (B) of this paragraph, if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States, Canada, or Mexico, unless the assembly of the automobile is completed in Canada or Mexico and the automobile is imported into the United States more than 30 days after the end of the model year.
(B) Subparagraph (A) of this paragraph applies to automobiles manufactured by a manufacturer and sold in the United States, regardless of the place of assembly, as follows:
(i) A manufacturer that began assembling automobiles in Mexico before model year 1992 may elect, during the period from January 1, 1997, through January 1, 2004, to have subparagraph (A) of this paragraph apply to all automobiles manufactured by that manufacturer beginning with the model year that begins after the date of the election.
(ii) For a manufacturer that began assembling automobiles in Mexico after model year 1991, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 1994, or the model year beginning after the date the manufacturer begins assembling automobiles in Mexico, whichever is later.
(iii) A manufacturer not described in clause (i) or (ii) of this subparagraph that assembles automobiles in the United States or Canada, but not in Mexico, may elect, during the period from January 1, 1997, through January 1, 2004, to have subparagraph (A) of this paragraph apply to all automobiles manufactured by that manufacturer beginning with the model year that begins after the date of the election. However, if the manufacturer begins assembling automobiles in Mexico before making an election under this subparagraph, this clause does not apply, and the manufacturer is subject to clause (ii) of this subparagraph.
(iv) For a manufacturer that does not assemble automobiles in the United States, Canada, or Mexico, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 1994.
(v) For a manufacturer described in clause (i) or (iii) of this subparagraph that does not make an election within the specified period, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 2004.
(C) The Secretary of Transportation shall prescribe reasonable procedures for elections under subparagraph (B) of this paragraph.
(4) In this subsection, the fuel economy of a passenger automobile that is not manufactured domestically is deemed to be equal to the average fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured domestically.
(5)(A) A manufacturer may submit to the Secretary of Transportation for approval a plan, including supporting material, stating the actions and the deadlines for taking the actions, that will ensure that the model or models referred to in subparagraph (B) of this paragraph will be manufactured domestically before the end of the 4th model year covered by the plan. The Secretary promptly shall consider and act on the plan. The Secretary shall approve the plan unless—
(i) the Secretary finds that the plan is inadequate to meet the requirements of this paragraph; or
(ii) the manufacturer previously has submitted a plan approved by the Secretary under this paragraph.
(B) If the plan is approved, the Administrator shall include under paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii) of this subsection, for each of the 4 model years covered by the plan, not more than 150,000 passenger automobiles manufactured by that manufacturer but not qualifying as domestically manufactured if—
(i) the model or models involved previously have not been manufactured domestically;
(ii) at least 50 percent of the cost to the manufacturer of each of the automobiles is attributable to value added in the United States or Canada;
(iii) the automobiles, if their assembly was completed in Canada, are imported into the United States not later than 30 days after the end of the model year; and
(iv) the model or models are manufactured domestically before the end of the 4th model year covered by the plan.
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32904(a)(1) | 15:2003(a)(1), (2). | Oct. 20, 1972, |
| 32904(a)(2) | 15:2003(a)(3). | Oct. 20, 1972, |
| 32904(b)(1) | 15:2003(b)(2). | Oct. 20, 1972, |
| 32904(b)(2) | 15:2003(b)(1). | |
| 32904(b)(3) | 15:2003(b)(4). | Oct. 20, 1972, |
| 32904(b) (4)–(6) | 15:2003(b)(3). | Oct. 20, 1972, |
| 32904(c) | 15:2003(d)(1) (1st–3d sentences), (2), (e). | |
| 32904(d) | 15:2003(d)(3). | |
| 32904(e) | 15:2003(d)(1) (last sentence), (f). |
In subsection (a)(1), before clause (A), the words "of a manufacturer subject to" are substituted for "for the purposes of" for clarity. In clause (B)(ii), the words "the sum of the fractions obtained by" are substituted for "a sum of terms, each term of which is a fraction created by" to eliminate unnecessary words.
Subsection (a)(2)(A) is substituted for "as defined in
In subsection (a)(2)(B), before clause (i), the words "the Administrator shall include in the calculation of average fuel economy" are substituted for "the average fuel economy will be calculated . . . to include" for clarity. The text of 15:2003(a)(3)(B) is omitted as executed. The words "determine and propose" are substituted for "propose" for clarity and consistency with the authority of the Secretary under the source provisions. The words "based on the following factors" are substituted for "Determination of these fuel economy values will take into account the following parameters" for clarity and to eliminate unnecessary words. The factors in clauses (i)–(iv) are applied to revisions in fuel economy values for clarity and consistency with the authority of the Secretary under the source provisions. In clause (iv), the words "patterns of use" are substituted for "driving patterns" for clarity.
In subsection (b)(1), before clause (A), the text of 15:2003(b)(2)(A)–(D) is omitted as executed. In clause (A), the words "is imported . . . more than 30 days after" are substituted for "is not imported . . . prior to the expiration of 30 days following" for clarity and for consistency in the revised chapter. The words "The EPA Administrator may prescribe rules for purposes of carrying out this subparagraph" are omitted as surplus because of the authority of the Administrator to prescribe regulations under section 32910(d) of the revised title. The term "regulations" is used in section 32910(d) instead of "rules" for consistency in the revised title and because the terms are synonymous. In clause (B), the words "which is imported by a manufacturer in model year 1978 or any subsequent year, as the case may be, and" are omitted as surplus.
In subsection (b)(2)(A), before clause (i), the words "Except as provided in paragraphs (4) and (5) of this subsection" are added for clarity. The words "the Administrator shall make separate calculations" are substituted for "In calculating average fuel economy . . . the EPA Administrator shall separate the total number of passenger automobiles manufactured by a manufacturer into the following two categories" and "The EPA Administrator shall calculate the average fuel economy of each such separate category" to eliminate unnecessary words. In clauses (i) and (ii), the reference in the parenthetical to paragraph (3) is substituted for the reference in the source to paragraph (3), which apparently should have been a reference to paragraph (4). The text of 15:2003(b)(1)(A) (words in parentheses) and (B) (words in parentheses) is omitted as executed.
Subsection (b)(2)(B) is substituted for 15:2003(b)(1) (words after last comma) because of the restatement.
In subsection (b)(3)(A), before clause (i), the word "deadlines" is substituted for "dates" for clarity. The text of 15:2003(b)(4)(C) is omitted as executed.
In subsection (b)(4)(A), before clause (i), the words "A manufacturer may file with the Secretary of Transportation a petition for an exemption from the requirement of separate calculations under paragraph (2)(A) of this subsection" are substituted for "petition . . . for an exemption from the provisions of paragraph (1) filed by a manufacturer, the Secretary" for clarity.
In subsection (b)(5)(B), the words "judgment of the court under this subparagraph may be reviewed" are substituted for "judgment of the court affirming, remanding, or setting aside, in whole or in part, any such decision shall be final, subject to review" to eliminate unnecessary words.
In subsection (b)(5)(C), the words "Notwithstanding any other provision of law" are omitted as surplus. The words "a petition for" are added for consistency.
In subsection (c), the words "of a model type" and "of a manufacturer" are omitted as surplus. The words "by rule" are omitted as surplus because of the authority of the Administrator to prescribe regulations under section 32910(d) of the revised title. The term "regulations" is used in section 32910(d) instead of "rules" for consistency in the revised title and because the terms are synonymous. The words "However . . . the Administrator shall use the same procedures for passenger automobiles the Administrator used" are substituted for "Procedures so established with respect to passenger automobiles . . . shall be the procedures utilized by the EPA Administrator" for clarity. The words "(in accordance with rules of the EPA Administrator)" are omitted as surplus. The words "fuel economy tests shall be carried out with" are substituted for "Procedures under this subsection . . . shall require that fuel economy tests be conducted in conjunction with" to eliminate unnecessary words.
In subsection (d), the words "The Administrator shall prescribe a procedure under this section, or an amendment . . . at least" are substituted for "Testing and calculation procedures applicable to a model year and any amendment to such procedures . . . shall be promulgated not less than" to eliminate unnecessary words.
In subsection (e), the words "his duties under" are omitted as surplus.
Pub. L. 103–429, §6(36)(A)
This makes conforming amendments necessary because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32904(b) | 15:2003(b)(2)(E), (G). | Oct. 20, 1972, |
The text of 49:32904(b)(1) is the text of 49:32904(b)(2), as enacted by section 1 of the Act of July 5, 1994 (
The text of subsection (b)(2) is the text of 49:32904(b)(1)(A), as enacted by section 1 of the Act of July 5, 1994 (
In subsection (b)(3)(A), the words "is imported . . . more than 30 days after" are substituted for "is not imported . . . prior to the expiration of 30 days following" for clarity and consistency with
In subsection (b)(3)(C), the words "and the EPA Administrator may prescribe rules for purposes of carrying out this subparagraph" are omitted as surplus because of the authority of the Administrator to prescribe regulations under 49:32910(d). The amendment made by section 371(b)(2) of the North American Free Trade Implementation Act (
The text of subsection (b)(4) is the text of 49:32904(b)(1)(B), as enacted by section 1 of the Act of July 5, 1994 (
Pub. L. 103–429, §6(36)(C), (D)
This makes conforming amendments necessary because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill.
Amendments
2007—Subsec. (b)(1)(B).
Subsec. (b)(6) to (8).
1996—Subsec. (b)(6)(C).
1994—Subsec. (b)(1).
"(A) a passenger automobile is deemed to be manufactured domestically in a model year if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States or Canada, unless the assembly of the automobile is completed in Canada and the automobile is imported into the United States more than 30 days after the end of the model year; and
"(B) the fuel economy of a passenger automobile that is not manufactured domestically is deemed to be equal to the average fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured domestically."
Subsec. (b)(2).
"(2)(A) Except as provided in paragraphs (4) and (5) of this subsection, the Administrator shall make separate calculations under subsection (a)(1)(B) of this section for—
"(i) passenger automobiles manufactured domestically by a manufacturer (or included in this category under paragraph (3) of this subsection); and
"(ii) passenger automobiles not manufactured domestically by that manufacturer (or excluded from this category under paragraph (3) of this subsection).
"(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of this paragraph are deemed to be manufactured by separate manufacturers under this chapter."
Subsec. (b)(3), (4).
Subsec. (b)(5).
Subsec. (b)(5)(B).
Subsec. (b)(6).
Subsec. (b)(6)(A).
Subsec. (b)(7), (8).
Effective Date of 2007 Amendment
Amendment by
Effect of Repeal on Existing Exemptions
"(b)
"(c)
§32905. Manufacturing incentives for alternative fuel automobiles
(a)
(b)
(1) .5 divided by the fuel economy measured under
(2) .5 divided by the fuel economy—
(A) measured under subsection (a) when operating the model on alternative fuel; or
(B) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel.
(c)
(d)
(1) .5 divided by the fuel economy measured under
(2) .5 divided by the fuel economy measured under subsection (c) of this section when operating the model on gaseous fuel.
(e)
(1)
(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(c); and
(B) the percentage utilization of the model on electricity, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).
(2)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32905(a) | 15:2013(a), (f)(1). | Oct. 20, 1972, |
| 32905(b) | 15:2013(b), (f)(1). | |
| 32905(c) | 15:2013(c), (f)(1). | |
| 32905(d) | 15:2013(d), (f)(1). | |
| 32905(e) | 15:2013(e). | |
| 32905(f) | 15:2013(f)(2)(B). | |
| 32905(g) | 15:2013(f)(2)(A). |
In subsections (a) and (c), the words "after model year 1992" are substituted for "Subsections (a) and (c) shall apply only to automobiles manufactured after model year 1992" because of the restatement.
In subsections (b) and (d), before each clause (1), the words "in model years 1993–2004" are substituted for "Except as otherwise provided in this subsection, subsections (b) and (d) shall apply only to automobiles manufactured in model year 1993 through model year 2004" to eliminate unnecessary words and because of the restatement.
In subsection (c), the words "For purposes of this section" and "than natural gas" are omitted as unnecessary because of the restatement. The words "a gallon equivalent of natural gas" are omitted as being included in "A gallon equivalent of any gaseous fuel".
In subsection (e), the words "subject to the provisions of this section" are omitted as unnecessary because of the restatement. The words "for each model described under subsections (a)–(d) of this section" are substituted for "for each model type of dedicated automobile or dual fueled automobile" to eliminate unnecessary words. The words "by using as the denominator" are substituted for "by including as the denominator of the term" for clarity.
Amendments
2014—Subsecs. (e) to (g).
2007—Subsec. (b).
Subsec. (b)(2).
Subsec. (d).
Subsecs. (f) to (h).
2005—Subsecs. (b), (d).
Subsec. (f).
Subsec. (f)(1).
Subsec. (h).
1996—Subsec. (g).
Effective Date of 2007 Amendment
Amendment by
§32906. Maximum fuel economy increase for alternative fuel automobiles
(a)
(1) 1.2 miles a gallon for each of model years 1993 through 2014;
(2) 1.0 miles per gallon for model year 2015;
(3) 0.8 miles per gallon for model year 2016;
(4) 0.6 miles per gallon for model year 2017;
(5) 0.4 miles per gallon for model year 2018;
(6) 0.2 miles per gallon for model year 2019; and
(7) 0 miles per gallon for model years after 2019.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32906(a) | 15:2013(g)(1). | Oct. 20, 1972, |
| 32906(b) | 15:2013(g)(2)(A). |
Amendments
2014—Subsec. (a).
Subsec. (b).
2007—
2005—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Effective Date of 2007 Amendment
Amendment by
§32907. Reports and tests of manufacturers
(a)
(A) whether the manufacturer will comply with an applicable average fuel economy standard under
(B) the actions the manufacturer has taken or intends to take to comply with the standard; and
(C) other information the Secretary requires by regulation.
(2) A manufacturer shall submit a report under paragraph (1) of this subsection during the 30 days—
(A) before the beginning of each model year; and
(B) beginning on the 180th day of the model year.
(3) When a manufacturer decides that actions reported under paragraph (1)(B) of this subsection are not sufficient to ensure compliance with that standard, the manufacturer shall report to the Secretary additional actions the manufacturer intends to take to comply with the standard and include a statement about whether those actions are sufficient to ensure compliance.
(4) This subsection does not apply to a manufacturer for a model year for which the manufacturer is subject to an alternative average fuel economy standard under
(b)
(2) The district courts of the United States may—
(A) issue an order enforcing a requirement or request under paragraph (1) of this subsection; and
(B) punish a failure to obey the order as a contempt of court.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32907(a) | 15:2005(a)(1)–(3). | Oct. 20, 1972, |
| 15:2005(a)(4). | Oct. 20, 1972, |
|
| 32907(b) | 15:2005(c). |
In subsection (a)(1), before clause (A), the words "shall report to the Secretary of Transportation on" are substituted for "shall submit a report to the Secretary . . . Each such report shall contain (A) a statement as to" to eliminate unnecessary words. In clause (B), the words "the actions" are substituted for "a plan which describes the steps" to eliminate unnecessary words.
In subsection (a)(2)(A), the words "after model year 1977" are omitted as obsolete.
In subsection (a)(3), the words "actions reported . . . are not sufficient to ensure compliance with that standard" are substituted for "a plan submitted . . . which he stated was sufficient to insure compliance with applicable average fuel economy standards is not sufficient to insure such compliance" to eliminate unnecessary words and for consistency in the section. The words "additional actions" are substituted for "a revised plan which specifies any additional measures" for consistency in the section. The text of 15:2005(a)(3) is omitted as surplus because of 49:322(a).
In subsection (b)(1), the words "Under regulations prescribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter" are substituted for "as the Secretary or the EPA Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this subchapter and under any rules prescribed pursuant to this subchapter" to eliminate unnecessary words, for consistency in the revised title, and because "rules" and "regulations" are synonymous. The words "establish and" are omitted as surplus. The 2d sentence is substituted for 15:2005(c) (2d sentence) to eliminate unnecessary words and for consistency. The text of 15:2005(c)(1) (last sentence) is omitted as surplus because of section 32910(d) of the revised title and 49:322(a).
Subsection (b)(2)(A) is substituted for "if a manufacturer refuses to accede to any rule or reasonable request made under paragraph (1), issue an order requiring compliance with such requirement or request" to eliminate unnecessary words.
Subsection (b)(2)(B) is substituted for 15:2005(c) (last sentence) to eliminate unnecessary words.
§32908. Fuel economy information
(a)
(1) "automobile" includes an automobile rated at not more than 8,500 pounds gross vehicle weight regardless of whether the Secretary of Transportation has applied this chapter to the automobile under
(2) "dealer" means a person residing or located in a State, the District of Columbia, or a territory or possession of the United States, and engaged in the sale or distribution of new automobiles to the first person (except a dealer buying