Sec. 2. Exemption from vehicle safety standards for low volume manufacturers
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Section 30114 of title 49, United States Code, is amended— by striking The and inserting
(a); and Vehicles used for particular purposes.— The by adding at the end the following new subsection: The Secretary shall— exempt from specified standards not more than 1,000 replica motor vehicles per year that are manufactured or imported by a low volume manufacturer; exempt from specified standards not more than 50 non-replica motor vehicles per year that are manufactured or imported by a single low volume manufacturer by requiring each low volume manufacturer to have evidence of a sales contract to be eligible for the exemption; and permit a low volume manufacturer to assign vehicle identification numbers. The Secretary may not provide exemptions for more than 1,000 non-replica motor vehicles per year under paragraph (1)(B). The Secretary shall provide a fair and reasonable method for annually recording and publicly reporting such exemptions. Except as provided in this subsection, a low volume manufacturer shall be considered a motor vehicle manufacturer for purposes of subtitle VI of this title. To qualify for an exemption under paragraph (1), a low volume manufacturer shall register with the Secretary at such time, in such manner, and under such terms that the Secretary determines appropriate. The Secretary shall require a low volume manufacturer to affix a permanent label— to a motor vehicle exempted under paragraph
(1)that identifies the specified standards from which such vehicle is exempt; and to a replica motor vehicle exempted under paragraph (1)(A), that designates the model year such vehicle replicates. The Secretary may require a low volume manufacturer of a motor vehicle exempted under paragraph
(1)to deliver written notice of the exemption to— the dealer; and the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale. A low volume manufacturer shall annually submit a report to the Secretary including the number and description of the motor vehicles exempted under paragraph
(1)and a list of the exemptions described on the label affixed under subparagraph (A). If a motor vehicle has any defects related to motor vehicle safety or any nonconformities regarding any standards other than specified standards, a low volume manufacturer of such vehicle is subject to all notification, recall, and remedy requirements set forth in sections 30116 through 30120A of this title. In this subsection: The term low volume manufacturer means a motor vehicle manufacturer whose annual worldwide production is not more than 5,000 motor vehicles. The term non-replica motor vehicle means any motor vehicle produced by a low volume manufacturer that is not a replica motor vehicle. The term replica motor vehicle means a motor vehicle produced by a low volume manufacturer and that— is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and is subject to being manufactured under trademark or trade dress or design patent license, if such exists, from the original manufacturer or its assignee that is the current owner of an active, valid, and subsisting trademark registration or patent as indicated in the records of the United States Patent and Trademark Office for the non-functional and ornamental portions of the motor vehicle that is intended to be replicated. The term specified standard means— any motor vehicle standard or obligation described in any of sections 30112(a), 32304, 32502, or 32902 of this title, or in section 3 of the Automobile Information Disclosure Act ( 15 U.S.C. 1232 ); and does not include any standard promulgated under section 30112(a) applicable to motor vehicle equipment. .
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Sec. 2
Exemption from vehicle safety standards for low volume manufacturers
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