49-U.S.C.-33108

49-U.S.C.-33108

§33108 – Monitoring Compliance of Manufacturers

Pathway

Title 49 > Subtitle VI > Part C > Chapter 331 > Section 33108

Details

  • Reference: Section 33108
  • Legend: §33108 – Monitoring Compliance of Manufacturers
  • USCode Year: 2013

Provision Content

(a) Records, Reports, Information, and Inspection.—To enable the Secretary of Transportation to decide whether a manufacturer of motor vehicles containing a part subject to a standard prescribed under section 33102 or 33103 of this title, or a manufacturer of major replacement parts subject to the standard, is complying with this chapter and the standard, the Secretary may require the manufacturer to—

(1) keep records;

(2) make reports;

(3) provide items and information; and

(4) allow an officer or employee designated by the Secretary to inspect the vehicles and parts and relevant records of the manufacturer.

(b) Entry and Inspection.—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 motor vehicles containing major parts subject to the standard, or major replacement parts subject to the standard, are manufactured, held for introduction into interstate commerce, or held for sale after introduction into interstate commerce. An inspection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness.

(c) Certification of Compliance.—(1) A manufacturer of a motor vehicle subject to the standard, and a manufacturer of a major replacement part subject to the standard, shall provide at the time of delivery of the vehicle or part a certification that the vehicle or part conforms to the applicable motor vehicle theft prevention standard. The certification shall accompany the vehicle or part until its delivery to the first purchaser. The Secretary by regulation may prescribe the type and form of the certification.

(2) This subsection does not apply to a motor vehicle or major replacement part that is—

(A) intended only for export;

(B) labeled only for export on the vehicle or replacement part and the outside of any container until exported; and

(C) exported.

(d) Notification of Error.—A manufacturer shall notify the Secretary if the manufacturer discovers that—

(1) there is an error in the identification (required by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major replacement part manufactured by the manufacturer; and

(2) the motor vehicle or major replacement part has entered interstate commerce.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1083.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
33108(a) 15:2026(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §606; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2760.
33108(b) 15:2026(b).
33108(c) 15:2026(c).
33108(d) 15:2026(d).

In subsection (a), before clause (1), the words is complying are substituted for 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 (1), the word keep is substituted for establish and maintain for consistency in the revised title and to eliminate unnecessary words. In clause (4), the words upon request, duly, and such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe are omitted as surplus.

In subsection (b), the words duly and enter and are omitted as surplus.

In subsection (c)(2)(B), the words or tagged and if any are omitted as surplus.

Subsection (d) is substituted for 15:2026(d) for clarity.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-32912 in the Legal Encyclopedia: Transportation

In this entry about 49-U.S.C.-32912, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.

49-U.S.C.-32911 in the Legal Encyclopedia: Transport Programs

In this entry about 49-U.S.C.-32911, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.

49-U.S.C.-33102 in the Legal Encyclopedia: Motor Vehicle Programs

In this entry about 49-U.S.C.-33102, 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.

49-U.S.C.-32915 in the Legal Encyclopedia: Motor Vehicle

In this entry about 49-U.S.C.-32915, 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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