USCA-2 - 49 USCA § 30112,
Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment

UNITED STATES CODE ANNOTATED
TITLE 49. TRANSPORTATION
SUBTITLE VI -- MOTOR VEHICLE AND DRIVER PROGRAMS
PART A -- GENERAL
CHAPTER 301 -- MOTOR VEHICLE SAFETY
SUBCHAPTER II -- STANDARDS AND COMPLIANCE

Current through P.L. 104-160, approved 7-9-96

§ 30112. Prohibitions on manufacturing, selling, and importing non complying motor vehicles and equipment

1. General -- Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title.

2. Nonapplication. -- This section does not apply to --

   1. the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale;

   2. a person --

      1. establishing that the person had no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment does not comply with applicable motor vehicle safety standards prescribed under this chapter; or

      2. holding, without knowing about the noncompliance and before the vehicle or equipment is first purchased in good faith other than for resale, a certificate issued by a manufacturer or importer stating the vehicle or equipment complies with applicable standards prescribed under this chapter;

   3. a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container or the vehicle or equipment, and exported;

   4. a motor vehicle the Secretary of Transportation decides under section 30141 of this title is capable of complying with applicable standards prescribed under this chapter;

   5. a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this title;

   6. a motor vehicle under section 30143 of this title imported by an individual employed outside the United States;

   7. a motor vehicle under section 30144 of this title imported on a temporary basis;

   8. a motor vehicle or item of motor vehicle equipment under section 30145 of this title requiring further manufacturing; or

   9. a motor vehicle that is at least 25 years old.

USCA-2 - 49 USCA § 30165, Civil penalty
UNITED STATES CODE ANNOTATED
TITLE 49. TRANSPORTATION
SUBTITLE VI -- MOTOR VEHICLE AND DRIVER PROGRAMS
PART A -- GENERAL
CHAPTER 301 -- MOTOR VEHICLE SAFETY
SUBCHAPTER IV -- ENFORCEMENT AND ADMINISTRATIVE

Current through P.L. 104-160, approved 7-9-96

§ 30165. Civil penalty

1. Penalty. -- A person that violates any of sections 30112, 30115, 30117-30122, 30123 (d), 30125 (c), 30127, 30141-30147, or 30166 of this title or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $800,000.

2. Compromise and setoff.

   1. The Secretary of Transportation may compromise the amount of a civil penalty imposed under this section.

   2. 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.

3. Considerations -- In determining the amount of a civil 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. Subpoenas for witnesses. -- In a civil action brought under this section, a subpoena for a witness may be served in any judicial district.