49-U.S.C.-30103

49-U.S.C.-30103

§30103 – Relationship to Other Laws

Pathway

Title 49 > Subtitle VI > Part A > Chapter 301 > Subchapter I > Section 30103

Details

  • Reference: Section 30103
  • Legend: §30103 – Relationship to Other Laws
  • USCode Year: 2013

Provision Content

(a) Uniformity of Regulations.—The Secretary of Transportation may not prescribe a safety regulation related to a motor vehicle subject to subchapter I of chapter 135 of this title that differs from a motor vehicle safety standard prescribed under this chapter. However, the Secretary may prescribe, for a motor vehicle operated by a carrier subject to subchapter I of chapter 135, a safety regulation that imposes a higher standard of performance after manufacture than that required by an applicable standard in effect at the time of manufacture.

(b) Preemption.—(1) When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter.

(2) A State may enforce a standard that is identical to a standard prescribed under this chapter.

(c) Antitrust Laws.—This chapter does not—

(1) exempt from the antitrust laws conduct that is unlawful under those laws; or

(2) prohibit under the antitrust laws conduct that is lawful under those laws.

(d) Warranty Obligations and Additional Legal Rights and Remedies.—Sections 30117(b), 30118–30121, 30166(f), and 30167(a) and (b) of this title do not establish or affect a warranty obligation under a law of the United States or a State. A remedy under those sections and sections 30161 and 30162 of this title is in addition to other rights and remedies under other laws of the United States or a State.

(e) Common Law Liability.—Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 943; Pub. L. 104–88, title III, §308(j), Dec. 29, 1995, 109 Stat. 947.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
30103(a) 15:1392(g). Sept. 9, 1966, Pub. L. 89–563, §§103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727.
30103(b) 15:1392(d). Sept. 9, 1966, Pub. L. 89–563, §103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97–331, §3, 96 Stat. 1619.
30103(c) 15:1405.
30103(d) 15:1394(a)(6).
  15:1410a(e). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§124(e), 160; added Oct. 27, 1974, Pub. L. 93–492, §§102(a), 106, 88 Stat. 1477, 1481.
  15:1420.
30103(e) 15:1397(k). Sept. 9, 1966, Pub. L. 89–563, §108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818.

In subsection (a), the words or the Transportation of Explosives Act, as amended (18 U.S.C. 831–835) are omitted as obsolete because 18:831–835 have been repealed. The word prescribe is substituted for adopt for consistency. The words or continue in effect and In prescribing safety regulations are omitted as surplus. The word prescribed is substituted for issued for consistency. The words to comply and Federal are omitted as surplus. The words in effect are added for clarity.

In subsection (b)(1), the word Federal is omitted as surplus. The word prescribe is substituted for either to establish, or to continue in effect for consistency and to eliminate unnecessary words. The words standard prescribed under this chapter are substituted for Federal standard for clarity. The words However, the United States . . . may prescribe are substituted for Nothing in this section shall be construed to prevent the Federal . . . from establishing for consistency. The words of a State are substituted for thereof for clarity. The word standard is substituted for safety requirement for consistency. The words performance requirement are substituted for standard of performance to avoid using standard in 2 different ways.

Subsection (b)(2) is substituted for 15:1392(d) (2d sentence) for consistency and to eliminate unnecessary words.

In subsection (c), the words be deemed to and of the United States are omitted as surplus.

In subsection (d), the words United States are substituted for Federal in 15:1420 for consistency. The words Consumer in 15:1420, not in lieu of in 15:1410a(e) and 1420, and not in substitution for in 15:1394(a)(6) are omitted as surplus. The word other is added for clarity.

Amendments

1995—Subsec. (a). Pub. L. 104–88 substituted subchapter I of chapter 135 for subchapter II of chapter 105 in two places.

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.

U.S. Encyclopedia of Law Coverage

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49-U.S.C.-28102 in the Legal Encyclopedia: Transport Programs

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Subtitle VI – Motor Vehicle and Driver Programs in the Legal Encyclopedia: Motor Vehicle Programs

In this entry about Subtitle VI – Motor Vehicle and Driver Programs, find legal reference material, bibliographies and premiere content related to motor vehicle programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle programs-specific issues, written by authorities in the field.

40-U.S.C.-17505 in the Legal Encyclopedia: Motor Vehicle

In this entry about 40-U.S.C.-17505, find legal reference material, bibliographies and premiere content related to motor vehicle in the American Encyclopedia of Law, presenting a comprehensive view of the United States motor vehicle-specific issues, written by authorities in the field.

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