§ 7541. Compliance by vehicles and engines in actual use

Footnotes

1. 1 So in original. The word “its” probably should not appear.
2. 2 So in original. Probably should be “light-duty”.
3. 3 So in original. The final closing parenthesis probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1955

   Clean Air Amendments of 1970

   Pub. L. 91–604 § 8(a) · 84 Stat. 1676

   Enacted · 42 U.S.C. § 7541

   July 14, 1955, ch. 360, title II, § 207, as added Pub. L. 91–604, § 8(a), Dec. 31, 1970, 84 Stat. 1696

   Source evidence

   Code source credit
   July 14, 1955, ch. 360, title II, § 207, as added Pub. L. 91–604, § 8(a), Dec. 31, 1970, 84 Stat. 1696

   Enacted provision · exact public law section
   (a) The Clean Air Act is amended by striking out sections 42 USC 1857f–5 to 1857f–7. 206 and 211; by redesignating sections 207, 208, 209, 210, and 212 as 208, 209, 210, 211, and 213, respectively; and by inserting after section 205 the following new sections: “Sec. 206. “motor vehicle and motor vehicle engine compliance testing and certification (a) (1) The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under section 202 of this Act. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe. “(2) The Administrator shall test any emission control system incorporated in a motor vehicle or motor vehicle engine submitted to him by any person, in order to determine whether such system enables such vehicle or engine to conform to the standards required to be prescribed under section 202(b) of this Act. If the Administrator finds on the basis of such tests that such vehicle or engine conforms to such standards, the Administrator shall issue a verification of compliance with emission standards for such system when incorporated in vehicles of a class of which the tested vehicle is representative. He shall inform manufacturers and the National Academy of Sciences, and make available to the public, the results of such tests. Tests under this paragraph shall be conducted under such terms and conditions (including requirements for preliminary testing by qualified independent laboratories) as the Administrator may prescribe by regulations. “(b) (1) In order to determine whether new motor vehicles or new motor vehicle engines being manufactured by a manufacturer do in fact conform with the regulations with respect to which the certificate of conformity was issued, the Administrator is authorized to test such vehicles or engines. Such tests may be conducted by the Administrator directly or, in accordance with conditions specified by the Administrator, by the manufacturer. “(2) (A) (i) If, based on tests conducted under paragraph (1) on a sample of new vehicles or engines covered by a certificate of conformity, the Administrator determines that nil or part of the vehicles or engines so covered do not conform with the regulations with respect to which the certificate of conformity was issued, he may suspend or revoke such certificate in whole or in part, and shall so notify the manufacturer. Such suspension or revocation shall apply in the case of any new motor vehicles or new motor vehicle engines manufactured after the date of such notification (or manufactured before such date if still in the hands of the manufacturer), and shall apply until such time as the Administrator finds that vehicles and engines manufactured by the manufacturer do conform to such regulations. If, during any period of suspension or revocation, the Administrator finds that a vehicle or engine actually conforms to such regulations, he shall issue a certificate of conformity applicable to such vehicle or engine. “(ii) If, based on tests conducted under paragraph (1) on any new vehicle or engine, the Administrator determines that such vehicle or engine does not conform with such regulations, he may suspend or revoke such certificate insofar as it applies to such vehicle or engine until such time as he finds such vehicle or engine actually so conforms with such regulations, and he shall so notify the manufacturer. “(B) (i) At the request of any manufacturer the Administrator Hearing. shall grant such manufacturer a hearing as to whether the tests have been properly conducted or any sampling methods have been properly applied, and make a determination on the record with respect, to any suspension or revocation under subparagraph (A); but suspension or revocation under subparagraph (A) shall not be stayed by reason of such hearing. “(ii) In any case of actual controversy as to the validity of any Judicial review. determination under clause (i), the manufacturer may at any time prior to the 60th day after such determination is made file a petition with the United States court of appeals for the circuit wherein such manufacturer resides or has his principal place of business for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator or other officer designated by him for that purpose. The Administrator thereupon shall file in the court the record of the proceedings on which the Administrator based his determination, as provided in section 2112 of title 28 of the United States Code. 72 Stat. 941. “(iii) If the petitioner applies to the court for leave to adduce additional Additional evidence. evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. “(iv) Upon the filing of the petition referred to in clause (ii), the court shall have jurisdiction to review the order in accordance with chapter 7 of title 5, United States Code, and to grant appropriate relief 80 Stat. 392. 5 USC 701. as provided in such chapter. “(c) For purposes of enforcement of this section, officers or employees Inspection. duly designated by the Administrator, upon presenting appropriate credentials to the manufacturer or person in charge, are authorized (1) to enter, at reasonable times, any plant or other establishment of such manufacturer, for the purpose of conducting tests of vehicles or engines in the hands of the manufacturer, or (2) to inspect at reason aide times, records, files, papers, processes, controls, and facilities used by such manufacturer in conducting tests under regulations of the Administrator. Each such inspection shall be commenced and completed with reasonable promptness. “(d) The Administrator shall by regulation establish methods and procedures for making tests under this section. “(e) The Administrator shall announce in the Federal Register and make available to the public the results of his tests of any motor vehicle or motor vehicle engine submitted by a manufacturer under subsection (a) as promptly as possible after the enactment of the Clean Air Amendments of 1970 and at the beginning of each model year which begins thereafter. Such results shall be described in such nontechnical manner as will reasonably disclose to prospective ultimate purchasers of new motor vehicles and new motor vehicle engines the comparative performance of the vehicles and engines tested in meeting the standards Ante, p. 1690. prescribed under section 202 of this Act. “Sec. 207. “compliance by vehicles and engines in actual use (a) Effective with respect to vehicles and engines manufactured in model years beginning more than 60 days after the date of the enactment of the Clean Air Act Amendments of 1970, the manufacturer of each new motor vehicle and new motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that such vehicle or engine is (1) designed, built, and equipped so as to conform at the time of sale with applicable regulations under section 202, and (2) free from defects in materials and workmanship which cause such vehicle or engine to fail to conform with applicable regulations for its useful life (as determined under section 202(d)). “(b) If the Administrator determines that (i) there are available testing methods and procedures to ascertain whether, when in actual use throughout its useful life (as determined under section 202 (d)), each vehicle and engine to which regulations under section 202 apply complies with the emission standards of such regulations, (ii) such methods and procedures are in accordance with good engineering practices, and (iii) such methods and procedures are reasonably capable Ante, p. 1694. of being correlated with tests conducted under section 206 (a) (1), then— “(1) he shall establish such methods and procedures by regulation, and “(2) at such time as he determines that inspection facilities or equipment are available for purposes of carrying out testing methods and procedures established under paragraph (1), he shall prescribe, regulations which shall require manufacturers to warrant the emission control device or system of each new motor vehicle or new motor vehicle engine to which a regulation under section 202 applies and which is manufactured in a model year beginning after the Administrator first prescribes warranty regulations under this paragraph (2). The warranty under such regulations shall run to the ultimate purchaser and each subsequent purchaser and shall provide that, if— “(A) the vehicle or engine is maintained and operated in accordance with instructions under subsection (c) (3), “(B) it fails to conform at any time during its useful life (as determined under section 202(d)) to the regulations prescribed under section 202, and “(C) such nonconformity results in the ultimate purchaser (or any subsequent purchaser) of such vehicle or engine having to bear any penalty or other sanction (including the denial of the right to use such vehicle or engine) under State or Federal law, then such manufacturer shall remedy such nonconformity under such warranty with the cost thereof to be borne by the manufacturer. “(c) Effective with respect to vehicles and engines manufactured during model years beginning more than 60 days after the date of enactment of the Clean Air Amendments of 1970— “(1) If the Administrator determines that a substantial number of any class or category of vehicles or engines, although properly maintained and used, do not conform to the regulations prescribed under section 202, when in actual use throughout their Ante, p. 1690. useful life (as determined under section 202(d)), he shall immediately notify the manufacturer thereof of such nonconformity, and he shall require the manufacturer to submit a plan for remedying the nonconformity of the vehicles or engines with respect to which such notification is given. The plan shall provide that the nonconformity of any such vehicles or engines which are properly used and maintained will be remedied at the expense of the manufacturer. If the manufacturer disagrees with such determination of nonconformity and so advises the Administrator, the Administrator shall afford the manufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing. Unless, as a result of such hearing the Administrator withdraws such determination of nonconformity, he shall, within 60 days after the completion of such bearing, order the manufacturer to provide prompt notification of such nonconformity in accordance with paragraph (2). “(2) Any notification required by paragraph (1) with respect to any class or category of vehicles or engines shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as the Administrator may by regulations require. “(3) The manufacturer shall furnish with each new motor vehicle or motor vehicle engine such written instructions for the maintenance and use of the vehicle or engine by the ultimate purchaser as may be reasonable and necessary to assure the proper functioning of emission control devices and systems. In addition, the manufacturer shall indicate by means of a label or tag permanently affixed to such vehicle or engine that such vehicle or engine is covered by a certificate of conformity issued for the purpose of assuring achievement of emissions standards prescribed under section 202. Such label or tag shall contain such other information relating to control of motor vehicle emissions as the Administrator shall prescribe by regulation. “(d) Any cost obligation of any dealer incurred as a result of any requirement imposed by subsection (a), (b), or (c) shall be borne by the manufacturer. The transfer of any such cost obligation from a manufacturer to any dealer through franchise or other agreement is prohibited. “(e) If a manufacturer includes in any advertisement a statement Cost, statement. respecting the cost or value of emission control devices or systems, such manufacturer shall set forth in such statement the cost or value attributed to such devices or systems by the Secretary of Labor (through the Bureau of Labor Statistics). The Secretary of Labor, and his representatives, shall have the same access for this purpose to the books, documents, papers, and records of a manufacturer as the Comptroller General has to those of a recipient of assistance for purposes of section 311. “(f) Any inspection of a motor vehicle or a motor vehicle engine for purposes of subsection (c)(1), after its sale to the ultimate purchaser, shall be made only if the owner of such vehicle or engine voluntarily permits such inspection to be made, except as may be provided by any State or local inspection program.”

2. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 205 · 91 Stat. 685

   Added · 42 U.S.C. § 7541(a)

   Pub. L. 95–95, § 205, added cl. (3)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 95–95, § 205, added cl. (3).

   Enacted provision · exact public law section
   Sec. 205. cost of certain emission control parts Section 207(a) of the Clean Air Act is amended by adding the following at the end thereof: “(3) The cost of any part, device, or component of any light-duty vehicle that is designed for emission control and which in the instructions issued pursuant to subsection Post, p. 755. (c)(3) of this section is scheduled for replacement during the useful life of the vehicle in order to maintain compliance with regulations Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791. under section 202 of this Act, the failure of which shall not interfere with the normal performance of the vehicle, and the expected retail price of which, including installation costs, is greater than 2 percent of the suggested retail price of such vehicle, shall be borne or reimbursed at the time of replacement by the vehicle manufacturer and such replacement shall be provided without cost to the ultimate “Designed for emission control.” purchaser, subsequent purchaser, or dealer. The term ‘designed for emission control’ as used in the preceding sentence means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions (not including those vehicle components which were in general use prior to model year 1968 and the primary function of which is not related to emission control).”.

3. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 209(a) · 91 Stat. 685

   1. Inserted · 42 U.S.C. § 7541(b)

      Pub. L. 95–95, § 209(a), (c), inserted provisions to par. (2) that no warranty be held invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if the part was certified as provided in subsec. (a)(2) of this section, and, following par. (2)

   2. Inserted · 42 U.S.C. § 7541(b)

      Pub. L. 95–95, § 209(a), (c), inserted provisions defining “emission control device or system”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–95, § 209(a), (c), inserted provisions to par. (2) that no warranty be held invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if the part was certified as provided in subsec. (a)(2) of this section, and, following par. (2), inserted provisions defining “emission control device or system”.

   Enacted provision · exact public law section
   (a) Section 207(b)(2) of the Clean Air Act is amended by adding the following at the end thereof: “No such warranty shall be invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if such part was certified as provided under subsection (a)(2).”.

4. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 208 · 91 Stat. 685

   1. Amended · 42 U.S.C. § 7541(c)(3)

      Pub. L. 95–95, § 208, designated existing provisions as subpars. (A) and (C)

   2. Added · 42 U.S.C. § 7541(c)(3)

      Pub. L. 95–95, § 208, added requirement for the bold face printing of a required notice on the first page of the written maintenance instructions in subpar. (A)

   3. Added · 42 U.S.C. § 7541(c)(3)

      Pub. L. 95–95, § 208, added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 95–95, § 208, designated existing provisions as subpars. (A) and (C), added requirement for the bold face printing of a required notice on the first page of the written maintenance instructions in subpar. (A), and added subpar. (B).

   Enacted provision · exact public law section
   Sec. 208. maintenance instructions Paragraph (3) of subsection (c) of section 207 of the Clean Air Act is amended to read as follows: 42 USC 7541. “(3) (A) The manufacturer shall furnish with each new motor vehicle or motor vehicle engine written instructions for the proper maintenance and use of the vehicle or engine by the ultimate purchaser and such instructions shall correspond to regulations which the Administrator shall promulgate. The manufacturer shall provide in bold-face type on the first page of the written maintenance instructions notice that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automotive repair establishment or individual using any automotive part which has been certified as provided in subsection (a)(2). Post, p. 756. “(B) The instruction under subparagraph (A) of this paragraph shall not include any condition on the ultimate purchaser’s using, in connection with such vehicle or engine, any component or service (other than a component or service provided without charge under the terms of the purchase agreement) which is identified by brand, trade, or corporate name; or directly or indirectly distinguishing between service performed by the franchised dealers of such manufacturer or any other service establishments with which such manufacturer has a commercial relationship, and service performed by independent automotive repair facilities with which such manufacturer has no commercial relationship; except that the prohibition of this subsection may be waived by the Administrator if— “(i) the manufacturer satisfies the Administrator that the vehicle or engine will function properly only if the component or service so identified is used in connection with such vehicle or engine, and “(ii) the Administrator finds that such a waiver is in the public interest. “(C) In addition, the manufacturer shall indicate by means of a label or tag permanently affixed to such vehicle or engine that such vehicle or engine is covered by a certificate of conformity issued for the purpose of assuring achievement of emissions standards prescribed Ante, pp. 702, 751–753; Post, pp. 758–761, 765, 767, 769, 791. under section 202 of this Act. Such label or tag shall contain such other information relating to control of motor vehicle emissions as the Administrator shall prescribe by regulation.”.

5. 1977

   Clean Air Act Amendments of 1977

   Pub. L. 95–95 § 210 · 91 Stat. 685

   Added · 42 U.S.C. § 7541(g)

   Pub. L. 95–95, § 210, added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 95–95, § 210, added subsec. (g).

   Enacted provision · exact public law section
   Sec. 210. repair at owner’s place of choosing Section 207 of the Clean Air Act is amended by adding the following new subsection: “(g) For the purposes of this section, the owner of any motor vehicle or motor vehicle engine warranted under this section is responsible in the proper maintenance of such vehicle or engine to replace and to maintain, at his expense at any service establishment or facility of his choosing, such items as spark plugs, points, condensers, and any other part, item, or device related to emission control (but not designed for emission control under the terms of the last three sentences of section 207(a)(1)), unless such part, item, or device is covered by any Ante, p. 756. warranty not mandated by this Act.”.

6. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(70) · 91 Stat. 1393

   1. Amended · 42 U.S.C. § 7541(a)

      Pub. L. 95–190, § 14(a)(70), designated provisions contained in cl. (3) of subsec. (a), formerly set out as containing cls. (1), (2), and (3), to be par. (3) of subsec. (a) after the amendment by Pub. L. 95–95, § 209(b), which designated provisions of former subsec. (a) as par. (1) and former cls. (1) and (2) as (A) and (B) of par. (1)

   2. Added · 42 U.S.C. § 7541(a)

      Pub. L. 95–190, § 14(a)(70), added a new par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–190, § 14(a)(70), designated provisions contained in cl. (3) of subsec. (a), formerly set out as containing cls. (1), (2), and (3), to be par. (3) of subsec. (a) after the amendment by Pub. L. 95–95, § 209(b), which designated provisions of former subsec. (a) as par. (1) and former cls. (1) and (2) as (A) and (B) of par. (1) and added a new par. (2).

   Enacted provision · exact public law section
   (70) in section 207(a) strike out “(3) The cost” and substitute: “(3) The cost”;

7. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(71) · 91 Stat. 1393

   Redesignated · 42 U.S.C. § 7541(f)

   Pub. L. 95–190, § 14(a)(71), redesignated subsec. (f) as added by Pub. L. 95–95, § 212, as (h)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–190, § 14(a)(71), redesignated subsec. (f) as added by Pub. L. 95–95, § 212, as (h).

   Enacted provision · exact public law section
   (71) in section 207(f), as added by section 212 of the Clean Air Act Amendments of 1977, strike out “(f)” and substitute “(h)”; Ante, p. 758.

8. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(71) · 91 Stat. 1393

   Redesignated · 42 U.S.C. § 7541(h)

   Pub. L. 95–190, § 14(a)(71), redesignated subsec. (f) as added by Pub. L. 95–95, § 212, as (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 95–190, § 14(a)(71), redesignated subsec. (f) as added by Pub. L. 95–95, § 212, as (h).

   Enacted provision · exact public law section
   (71) in section 207(f), as added by section 212 of the Clean Air Act Amendments of 1977, strike out “(f)” and substitute “(h)”; Ante, p. 758.

9. 1977

   Safe Drinking Water Amendments of 1977

   Pub. L. 95–190 § 14(a)(72) · 91 Stat. 1393

   Substituted · 42 U.S.C. § 7541(h)(2)

   Pub. L. 95–190, § 14(a)(72), substituted “determined under” for “determined and”

   Source evidence

   Code amendment note
   Subsec. (h)(2). Pub. L. 95–190, § 14(a)(72), substituted “determined under” for “determined and”.

   Enacted provision · exact public law section
   (72) in section 207(h) (2) (as added by section 212 of the Clean Air Act Amendments of 1977 and redesignated in paragraph (65) of this section), strike out “as determined and” and insert in lieu thereof “as determined under”;

10. 1990

    Pub. L. 101–549 § 209(4) · 104 Stat. 2399

    Inserted · 42 U.S.C. § 7541(a)(1)

    Pub. L. 101–549, § 209(4), inserted at end “In the case of vehicles and engines manufactured in the model year 1995 and thereafter such warranty shall require that the vehicle or engine is free from any such defects for the warranty period provided under subsection (i).”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–549, § 209(4), inserted at end “In the case of vehicles and engines manufactured in the model year 1995 and thereafter such warranty shall require that the vehicle or engine is free from any such defects for the warranty period provided under subsection (i).”

    Enacted provision · exact public law section
    SEC. 209. AUTO WARRANTIES. Effective with respect to new motor vehicles and engines manufactured in the model year 1995 and thereafter, section 207 of the Clean Air Act (42 U.S.C. 7541) is amended as follows: (1) Strike out “useful life (as determined under section 202(d))” each place it appears in subsection (b) and insert “the warranty period (as determined under subsection (i))”. (2) Strike so much of section 207(b) as follows the third sentence thereof. (3) Add the following new subsection at the end thereof: “(i) Warranty Period.— “(1) In general.— For purposes of subsection (a)(1) and subsection (b), the warranty period, effective with respect to new light-duty trucks and new light-duty vehicles and engines, manufactured in the model year 1995 and thereafter, shall be the first 2 years or 24,000 miles of use (whichever first occurs), except as provided in paragraph (2). For purposes of subsection (a)(1) and subsection (b), for other vehicles and engines the warranty period shall be the period established by the Administrator by regulation (promulgated prior to the enactment of the Clean Air Act Amendments of 1990) for such purposes unless the Administrator subsequently modifies such regulation. “(2) Specified major emission control components.— In the case of a specified major emission control component, the warranty period for new light-duty trucks and new light-duty vehicles and engines manufactured in the model year 1995 and thereafter for purposes of subsection (a)(1) and subsection (b) shall be 8 years or 80,000 miles of use (whichever first occurs). As used in this paragraph, the term ‘specified major emission control component’ means only a catalytic converter, an electronic emissions control unit, and an onboard emissions diagnostic device, except that the Administrator may designate any other pollution control device or component as a specified major emission control component if— “(A) the device or component was not in general use on vehicles and engines manufactured prior to the model year 1990; and “(B) the Administrator determines that the retail cost (exclusive of installation costs) of such device or component exceeds $200 (in 1989 dollars), adjusted for inflation or deflation as calculated by the Administrator at the time of such determination. For purposes of this paragraph, the term ‘onboard emissions diagnostic device’ means any device installed for the purpose of storing or processing emissions related diagnostic information, but not including any parts or other systems which it monitors except specified major emissions control components. Nothing in this Act shall be construed to provide that any part (other than a part referred to in the preceding sentence) shall be required to be warranted under this Act for the period of 8 years or 80,000 miles referred to in this paragraph. “(3) Instructions.— Subparagraph (A) of subsection (b)(2) shall apply only where the Administrator has made a determination that the instructions concerned conform to the requirements of subsection (c)(3).”. (4) Amend subsection (a)(1) by adding the following at the end thereof: “In the case of vehicles and engines manufactured in the model year 1995 and thereafter such warranty shall require that the vehicle or engine is free from any such defects for the warranty period provided under subsection (i).”.

    Effective date note
    Pub. L. 101–549, title II, § 209, Nov. 15, 1990, 104 Stat. 2484, provided that the amendments made by that section are effective with respect to new motor vehicles and engines manufactured in model year 1995 and thereafter.

11. 1990

    Pub. L. 101–549 § 209(1) · 104 Stat. 2399

    1. Substituted · 42 U.S.C. § 7541(b)

       Pub. L. 101–549, § 209(1), (2), substituted “the warranty period (as determined under subsection (i))” for “useful life (as determined under section 7521(d) of this title)” in introductory provisions and par. (2)(B)

    2. Struck · 42 U.S.C. § 7541(b)

       Pub. L. 101–549, § 209(1), (2), struck out closing provisions which read as follows: “For purposes of the warranty under this subsection, for the period after twenty-four months or twenty-four thousand miles (whichever first occurs) the term ‘emission control device or system’ means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions. Such term shall not include those vehicle components which were in general use prior to model year 1968.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–549, § 209(1), (2), substituted “the warranty period (as determined under subsection (i))” for “useful life (as determined under section 7521(d) of this title)” in introductory provisions and par. (2)(B), and struck out closing provisions which read as follows: “For purposes of the warranty under this subsection, for the period after twenty-four months or twenty-four thousand miles (whichever first occurs) the term ‘emission control device or system’ means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions. Such term shall not include those vehicle components which were in general use prior to model year 1968.”

    Enacted provision · exact public law section
    (1) Strike out “useful life (as determined under section 202(d))” each place it appears in subsection (b) and insert “the warranty period (as determined under subsection (i))”.

    Effective date note
    Pub. L. 101–549, title II, § 209, Nov. 15, 1990, 104 Stat. 2484, provided that the amendments made by that section are effective with respect to new motor vehicles and engines manufactured in model year 1995 and thereafter.

12. 1990

    Pub. L. 101–549 § 210 · 104 Stat. 2399

    Added · 42 U.S.C. § 7541(c)(4)(6)

    Pub. L. 101–549, § 210, added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (c)(4) to (6). Pub. L. 101–549, § 210, added pars. (4) to (6).

    Enacted provision · exact public law section
    SEC. 210. IN-USE COMPLIANCE—RECALL. Section 207(c) of the Clean Air Act (42 U.S.C. 7541(c)) is amended by adding the following at the end thereof: “(4) Intermediate in-use standards.— “(A) Model years 1994 and 1995.— For light-duty trucks of up to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty vehicles which are subject to standards under table G of section 202(g)(1) in model years 1994 and 1995 (40 percent of the manufacturer’s sales volume in model year 1994 and 80 percent in model year 1995), the standards applicable to NMHC, CO, and NOx for purposes of this subsection shall be those set forth in table A below in lieu of the standards for such air pollutants otherwise applicable under this title. Vehicle type NMHC CO NO, Light-duty vehicles 0.32 3.4 0.4* LDT’S (0–3,750 LVW) 0.32 5.2 0.4* LDT’S (3,751–5,750 LVW) 0.41 6.7 0.7* *Not applicable to diesel-fueled vehicles. “(B) Model years 1996 and thereafter.— (i) In the model years 1996 and 1997, light-duty trucks (LDTs) up to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty vehicles which are not subject to final in-use standards under paragraph (5) (60 percent of the manufacturer’s sales volume in model year 1996 and 20 percent in model year 1997) shall be subject to the standards set forth in table A of subparagraph (A) for NMHC, CO, and NOx for purposes of this subsection in lieu of those set forth in paragraph (5). “(ii) For LDTs of more than 6,000 lbs. GVWR— “(I) in model year 1996 which are subject to the standards set forth in Table H of section 202(h) (50%); “(II) in model year 1997 (100%); and “(III) in model year 1998 which are not subject to final in-use standards under paragraph (5) (50%); the standards for NMHC, CO, and NOx for purposes of this subsection shall be those set forth in Table B below in lieu of the standards for such air pollutants otherwise applicable under this title. Vehicle type NMHC CO NOx   LDTs (3,751–5,750 lbs. TW) 0.40 5.5 0.88* LDTs (over 5,750 Ibe. TW) 0.49 6.2 1.38*   *Not applicable to diesel-fueled vehicles. “(C) Useful life.— In the case of the in-use standards applicable under this paragraph, for purposes of applying this subsection, the applicable useful life shall be 5 years or 50,000 miles or the equivalent (whichever first occurs). “(5) Final in-use standards.— (A) After the model year 1995, for purposes of applying this subsection, in the case of the percentage specified in the implementation schedule below of each manufacturer’s sales volume of light-duty trucks of up to 6,000 lbs. gross vehicle weight rating (GVWR) and light duty vehicles, the standards for NMHC, CO, and NOx shall be as provided in Table G in section 202(g), except that in applying the standards set forth in Table G for purposes of determining compliance with this subsection, the applicable useful life shall be (i) 5 years or 50,000 miles (or the equivalent) whichever first occurs in the case of standards applicable for purposes of certification at 50,000 miles; and (ii) 10 years or 100,000 miles (or the equivalent), whichever first occurs in the case of standards applicable for purposes of certification at 100,000 miles, except that no testing shall be done beyond 7 years or 75,000 miles, or the equivalent whichever first occurs. Model year Percent   1996 40 1997 80 1998 100   “(B) After the model year 1997, for purposes of applying this subsection, in the case of the percentage specified in the implementation schedule below of each manufacturer’s sales volume of light-duty trucks of more than 6,000 lbs. gross vehicle weight rating (GVWR), the standards for NMHC, CO, and NOX shall be as provided in Table H in section 202(h), except that in applying the standards set forth in Table H for purposes of determining compliance with this subsection, the applicable useful life shall be (i) 5 years or 50,000 miles (or the equivalent) whichever first occurs in the case of standards applicable for purposes of certification at 50,000 miles; and (ii) 11 years or 120,000 miles (or the equivalent), whichever first occurs in the case of standards applicable for purposes of certification at 120,000 miles, except that no testing shall be done beyond 7 years or 90,000 miles (or the equivalent) whichever first occurs. Model year Percent   1998 50 1999 100   “(6) Diesel vehicles; in-use useful life and testing.— (A) In the case of diesel-fueled light-duty trucks up to 6,000 lbs. GVWR and light-duty vehicles, the useful life for purposes of determining in-use compliance with the standards under section 202(g) for NOx shall be a period of 10 years or 100,000 miles (or the equivalent), whichever first occurs, in the case of standards applicable for purposes of certification at 100,000 miles, except that testing shall not be done for a period beyond 7 years or 75,000 miles (or the equivalent) whichever first occurs. “(B) In the case of diesel-fueled light-duty trucks of 6,000 lbs. GVWR or more, the useful life for purposes of determining in-use compliance with the standards under section 202(h) for NOxshall be a period of 11 years or 120,000 miles (or the equivalent), whichever first occurs, in the case of standards applicable for purposes of certification at 120,000 miles, except that testing shall not be done for a period beyond 7 years or 90,000 miles (or the equivalent) whichever first occurs.”.

    Effective date note
    Pub. L. 101–549, title II, § 209, Nov. 15, 1990, 104 Stat. 2484, provided that the amendments made by that section are effective with respect to new motor vehicles and engines manufactured in model year 1995 and thereafter.

13. 1990

    Pub. L. 101–549 § 230(9) · 104 Stat. 2399

    Substituted · 42 U.S.C. § 7541(g)

    Pub. L. 101–549, § 230(9), substituted “the last sentence of subsection (a)(3))” for “the last three sentences of subsection (a)(1)”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–549, § 230(9), substituted “the last sentence of subsection (a)(3))” for “the last three sentences of subsection (a)(1)”.

    Enacted provision · exact public law section
    (9) In section 207(g) strike out “(but not designed for emission 42 USC 7541. control under the terms of the last three sentences of section 207(a)(1)” and insert “(but not designed for emission control under the terms of the last sentence of section 207(a)(3))”.

    Effective date note
    Pub. L. 101–549, title II, § 209, Nov. 15, 1990, 104 Stat. 2484, provided that the amendments made by that section are effective with respect to new motor vehicles and engines manufactured in model year 1995 and thereafter.

14. 1990

    Pub. L. 101–549 § 209(3) · 104 Stat. 2399

    Added · 42 U.S.C. § 7541(i)

    Pub. L. 101–549, § 209(3), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–549, § 209(3), added subsec. (i).

    Enacted provision · exact public law section
    (3) Add the following new subsection at the end thereof: “(i) Warranty Period.— “(1) In general.— For purposes of subsection (a)(1) and subsection (b), the warranty period, effective with respect to new light-duty trucks and new light-duty vehicles and engines, manufactured in the model year 1995 and thereafter, shall be the first 2 years or 24,000 miles of use (whichever first occurs), except as provided in paragraph (2). For purposes of subsection (a)(1) and subsection (b), for other vehicles and engines the warranty period shall be the period established by the Administrator by regulation (promulgated prior to the enactment of the Clean Air Act Amendments of 1990) for such purposes unless the Administrator subsequently modifies such regulation. “(2) Specified major emission control components.— In the case of a specified major emission control component, the warranty period for new light-duty trucks and new light-duty vehicles and engines manufactured in the model year 1995 and thereafter for purposes of subsection (a)(1) and subsection (b) shall be 8 years or 80,000 miles of use (whichever first occurs). As used in this paragraph, the term ‘specified major emission control component’ means only a catalytic converter, an electronic emissions control unit, and an onboard emissions diagnostic device, except that the Administrator may designate any other pollution control device or component as a specified major emission control component if— “(A) the device or component was not in general use on vehicles and engines manufactured prior to the model year 1990; and “(B) the Administrator determines that the retail cost (exclusive of installation costs) of such device or component exceeds $200 (in 1989 dollars), adjusted for inflation or deflation as calculated by the Administrator at the time of such determination. For purposes of this paragraph, the term ‘onboard emissions diagnostic device’ means any device installed for the purpose of storing or processing emissions related diagnostic information, but not including any parts or other systems which it monitors except specified major emissions control components. Nothing in this Act shall be construed to provide that any part (other than a part referred to in the preceding sentence) shall be required to be warranted under this Act for the period of 8 years or 80,000 miles referred to in this paragraph. “(3) Instructions.— Subparagraph (A) of subsection (b)(2) shall apply only where the Administrator has made a determination that the instructions concerned conform to the requirements of subsection (c)(3).”. (4) Amend subsection (a)(1) by adding the following at the end thereof: “In the case of vehicles and engines manufactured in the model year 1995 and thereafter such warranty shall require that the vehicle or engine is free from any such defects for the warranty period provided under subsection (i).”.

    Effective date note
    Pub. L. 101–549, title II, § 209, Nov. 15, 1990, 104 Stat. 2484, provided that the amendments made by that section are effective with respect to new motor vehicles and engines manufactured in model year 1995 and thereafter.

15. 2014

    Pub. L. 113–109 § 1 · 128 Stat. 1170

    1. Redesignated · 42 U.S.C. § 7541(h)

       Pub. L. 113–109 redesignated pars. (2) and (3) as (1) and (2), respectively

    2. Struck · 42 U.S.C. § 7541(h)

       Pub. L. 113–109 struck out former par. (1) which read as follows: “Upon the sale of each new light-duty motor vehicle by a dealer, the dealer shall furnish to the purchaser a certificate that such motor vehicle conforms to the applicable regulations under section 7521 of this title, including notice of the purchaser’s rights under paragraph (2).”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 113–109 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: “Upon the sale of each new light-duty motor vehicle by a dealer, the dealer shall furnish to the purchaser a certificate that such motor vehicle conforms to the applicable regulations under section 7521 of this title, including notice of the purchaser’s rights under paragraph (2).”

    Enacted provision · exact public law section
    SECTION 1. REMOVAL OF REQUIREMENT FOR DEALER CERTIFICATION OF NEW LIGHT-DUTY MOTOR VEHICLES.   Section 207(h) of the Clean Air Act (42 U.S.C. 7541(h)) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively.

21 of 21 references resolved to an enrolled provision