§ 30141. Importing motor vehicles capable of complying with standards
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/usc/title-49/section-30141A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General.— Section 30112(a) of this title does not apply to a motor vehicle if—
(1)on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under subsection
(c)of this section, the Secretary decides—
(A)the vehicle is—
(i)substantially similar to a motor vehicle originally manufactured for import into and sale in the United States;
(ii)certified under section 30115 of this title;
(iii)the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and
(iv)capable of being readily altered to comply with applicable motor vehicle safety standards prescribed under this chapter; or
(B)if there is no substantially similar United States motor vehicle, the safety features of the vehicle comply with or are capable of being altered to comply with those standards based on destructive test information or other evidence the Secretary of Transportation decides is adequate;
(2)the vehicle is imported by a registered importer; and
(3)the registered importer pays the annual fee the Secretary of Transportation establishes under subsection
(e)of this section to pay for the costs of carrying out the registration program for importers under subsection
(c)of this section and any other fees the Secretary of Transportation establishes to pay for the costs of—
(A)processing bonds provided to the Secretary of the Treasury under subsection
(d)of this section; and
(B)making the decisions under this subchapter.
(b)Procedures on Deciding on Motor Vehicle Capability.—
(1)The Secretary of Transportation shall establish by regulation procedures for making a decision under subsection (a)(1) of this section and the information a petitioner must provide to show clearly that the motor vehicle is capable of being brought into compliance with applicable motor vehicle safety standards prescribed under this chapter. In establishing the procedures, the Secretary shall provide for a minimum period of public notice and written comment consistent with ensuring expeditious, but complete, consideration and avoiding delay by any person. In making a decision under those procedures, the Secretary shall consider test information and other information available to the Secretary, including any information provided by the manufacturer. If the Secretary makes a negative decision, the Secretary may not make another decision for the same model until at least 3 calendar months have elapsed after the negative decision.
(2)The Secretary of Transportation shall publish each year in the Federal Register a list of all decisions made under subsection (a)(1) of this section. Each published decision applies to the model of the motor vehicle for which the decision was made. A positive decision permits another importer registered under subsection
(c)of this section to import a vehicle of the same model under this section if the importer complies with all the terms of the decision.
(c)Registration.—
(1)The Secretary of Transportation shall establish procedures for registering a person who complies with requirements prescribed by the Secretary by regulation under this subsection, including—
(A)recordkeeping requirements;
(B)inspection of records and facilities related to motor vehicles the person has imported, altered, or both; and
(C)requirements that ensure that the importer (or a successor in interest) will be able technically and financially to carry out responsibilities under sections 30117(b), 30118–30121, and 30166(f) of this title.
(2)The Secretary of Transportation shall deny registration to a person whose registration is revoked under paragraph
(4)of this subsection.
(3)The Secretary of Transportation may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph
(4)of this subsection.
(4)The Secretary of Transportation shall establish procedures for—
(A)revoking or suspending a registration issued under paragraph
(1)of this subsection for not complying with a requirement of this subchapter or any of sections 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this subchapter or any of those sections;
(B)automatically suspending a registration for not paying a fee under subsection (a)(3) of this section in a timely manner or for knowingly filing a false or misleading certification under section 30146 of this title; and
(C)reinstating suspended registrations.
(d)Bonds.—
(1)A person importing a motor vehicle under this section shall provide a bond to the Secretary of the Treasury (acting for the Secretary of Transportation) and comply with the terms the Secretary of Transportation decides are appropriate to ensure that the vehicle—
(A)will comply with applicable motor vehicle safety standards prescribed under this chapter within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or
(B)will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government.
(2)The amount of the bond provided under this subsection shall be at least equal to the dutiable value of the motor vehicle (as determined by the Secretary of the Treasury) but not more than 150 percent of that value.
(e)Fee Review, Adjustment, and Use.— The Secretary of Transportation shall review and make appropriate adjustments at least every 2 years in the amounts of the fees required to be paid under subsection (a)(3) of this section. The Secretary of Transportation shall establish the fees for each fiscal year before the beginning of that year. All fees collected remain available until expended without fiscal year limit to the extent provided in advance by appropriation laws. The amounts are only for use by the Secretary of Transportation—
(1)in carrying out this section and sections 30146(a)–(c)(1), (d), and
(e)and 30147(b) of this title; and
(2)in advancing to the Secretary of the Treasury amounts for costs incurred under this section and section 30146 of this title to reimburse the Secretary of the Treasury for those costs.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 960; Pub. L. 103–429, § 6(23), Oct. 31, 1994, 108 Stat. 4380.)
In subsection (a)(1)(A)(iv), the words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
In subsection (a)(3), before clause (A), the words “any other fees” are substituted for “such other annual fee or fees” to eliminate unnecessary words. In clause (B), the words “this subchapter” are substituted for “this section” for clarity. See H. Rept. No. 100–431, 100th Cong., 1st Sess., p. 19 (1987).
In subsection (b)(1), the words “procedures for making a decision under subsection (a)(1) of this section” are substituted for “procedures for considering such petitions” and “procedures for determinations made on the Secretary’s initiative” because of the restatement. The words “(whether or not confidential)” are omitted as unnecessary because of the restatement.
In subsection (b)(2), the word “permits” is substituted for “shall be sufficient authority” for clarity. The word “conditions” is omitted as being included in “terms”.
In subsection (c)(1), before clause (A), the words “under this subsection” are added for clarity. The word “including” is substituted for “include, as a minimum” to eliminate unnecessary words. In clause (B), the words “(relating to discovery, notification, and remedy of defects)” are omitted as surplus.
In subsection (c)(3), the words “directly or indirectly” are omitted as unnecessary because of the restatement.
In subsection (d)(1), before clause (A), the word “conditions” is omitted as being included in “terms”.
Pub. L. 103–429
This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
Connections1,340 cite this · traces to 4
Cited by 1,340 sections · top 60
register
- Presidential DocumentsFinal rule
- NoticesNotice of receipt of petition for decision that nonconforming 1998 BMW 3 series passenger cars are eligible for importation
- NoticesNotice of receipt of petition for decision that nonconforming 2000 BMW R1150 GS motorcycles are eligible for importation
- NoticesNotice of decision by NHTSA that certain nonconforming motor vehicles are eligible for importation
- NoticesDenial of Petition
- NoticesReceipt of petition
- Rules and RegulationsNotice of receipt of petition for decision that nonconforming 2002-2004 Smart Car Passion, Pulse, and Pure (coupe and cabriolet) passenger cars are eligible for importation
- Proposed RulesNotice of decision by NHTSA that nonconforming 2001 Ferrari 360 passenger cars are eligible for importation
- NoticesNotice of decision by NHTSA that nonconforming 1988-1990 Jaguar XJS and XJ6 passenger cars are eligible for importation
- Rules and RegulationsNotice of decision by NHTSA that nonconforming 1993-1994 Volkswagen EuroVan multi-purpose passenger vehicles (MPVs) are eligible for importation
- Proposed RulesResponse to Petitions for Reconsideration
- NoticesNotice of decision by National Highway Traffic Safety Administration that nonconforming 2001 Chevrolet Blazer (plant code “K” or “2”) multipurpose passenger vehicles are eligible for importation
- NoticesNotice of Availability
- NoticesReceipt of petition
- NoticesNotice of receipt of petition for decision that nonconforming 1991-1995 BMW 8 Series passenger cars are eligible for importation
- NoticesNotice of receipt of petition for decision that nonconforming 2000 Audi A8 and S8 passenger cars are eligible for importation
- NoticesNotice of receipt of petition for decision that nonconforming 1997 Land Rover Defender 90 multipurpose passenger vehicles (MPVs) are eligible for importation
- Rules and RegulationsNotice of receipt of petition for decision that nonconforming 1997-2000 Audi A8 passenger cars are eligible for importation
- NoticesFinal rule
- NoticesGrant of petition
- NoticesNotice of proposed rulemaking (NPRM)
- NoticesNotice and request for comments on a revision of currently approved information collection request
- NoticesNotice of receipt of petition for decision that nonconforming 2001 Bentley Arnage passenger cars, manufactured from January 1, 2001 through December 31, 2001, are eligible for importation
- NoticesNotice of receipt of petition for decision that nonconforming 2001 and 2002 Vespa ET2 and ET4 motor scooters are eligible for importation
- NoticesNotice of receipt of petition for decision that nonconforming 2003 Audi RS6 and RS6 Avant passenger cars are eligible for importation
- Rules and RegulationsNotice of meeting
- NoticesNotice of receipt of petition for decision that nonconforming 1997-2000 Porsche 911 passenger cars are eligible for importation
- NoticesNotice of proposed rulemaking
- NoticesNotice of receipt of petition
- NoticesNotice of receipt of petition for decision that nonconforming 1979-1980 Volkswagen Transporter multipurpose passenger vehicles (MPVs) are eligible for importation
- NoticesNotice of decision by NHTSA that certain nonconforming motor vehicles are eligible for importation
- NoticesReceipt of petition
- NoticesNotice of receipt of petition
- NoticesNotice of decision by the National Highway Traffic Safety Administration that nonconforming 2004 Jeep Liberty multipurpose passenger vehicles manufactured for the Mexican market are eligible for importation
- NoticesNotice
- NoticesReceipt of petition
- NoticesNotice of receipt of petition for decision that nonconforming 2001-2002 Mercedes Benz SL (Body 230) passenger cars are eligible for importation
- NoticesRequest for public comment on proposed collection of information
- NoticesNotice of receipt of petition for decision that nonconforming 2003-2004 CFMOTO CF125T-2 motorcycles are eligible for importation
- NoticesReceipt of petition
- Rules and RegulationsNotice of decision by NHTSA that certain nonconforming motor vehicles are eligible for importation
- NoticesFinal rule
- NoticesNotice of receipt of petition
- NoticesFinal rule
- NoticesNotice of receipt of petition for decision that nonconforming 2003-2004 Porsche Cayenne multipurpose passenger vehicles are eligible for importation
- NoticesNotice of license renewal application, and opportunity to request a hearing
- NoticesExtension of comment period
- Rules and RegulationsNotice of receipt of petition for decision that nonconforming 1998 Lexus GS300 passenger cars are eligible for importation
- UnknownInterim rule; correction
- NoticesNotice of receipt of petition for decision that nonconforming 2008-2010 M&V GmbH Siegmar Fzb trailers are eligible for importation
- NoticesGrant of petition
- NoticesReceipt of petition
- NoticesReceipt of petition
U.S. Code
- § 32902Average fuel economy standards
- § 30112Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment
- § 7525Motor vehicle and motor vehicle engine compliance testing and certification
- § 30114Special exemptions
- § 30146Release of motor vehicles and bonds
- § 30147Responsibility for defects and noncompliance
- § 30142Importing motor vehicles for personal use
6 references not yet in our index
- Pub. L. 103–272, § 1(e)
- 108 Stat. 960
- Pub. L. 103–429, § 6(23)
- 108 Stat. 4380
- Pub. L. 103–429
- section 9 of Pub. L. 103–429
Citation graph
cites case law
§ 30141
Importing motor vehicles capable of complying with standards
Fed. Reg.×1,329
U.S.C.×11
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 960
Pub. L.Pub. L. 103–429, § 6(23)
Stat.108 Stat. 4380
Pub. L.Pub. L. 103–429
Cites 10 · showing 9Cited by 1,340 across 2 sources