§ 30114. Special exemptions

Footnotes

1. 1 So in original. Probably should be “(a)”.
2. 2 So in original. Probably should be followed by a dash.

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. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 30114

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1998

   National Highway Traffic Safety Administration Reauthorization Act of 1998

   Pub. L. 105–178 title VII § 7107(a) · 112 Stat. 107

   Substituted · 49 U.S.C. § 30114

   Pub. L. 105–178 substituted “competitive racing events, show, or display” for “or competitive racing events”

   Source evidence

   Code amendment note
   Pub. L. 105–178 substituted “competitive racing events, show, or display” for “or competitive racing events”.

   Enacted provision · exact public law section
   (a) Importation of Noncomplying Motor Vehicles.— Section 30114 of title 49, United States Code, is amended by striking “or competitive racing events” and inserting “competitive racing events, show, or display”.

3. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 div. B title XXIV § 24405(a) · 129 Stat. 1312

   1. Amended · 49 U.S.C. § 30114

      Pub. L. 114–94 designated existing provisions as subsec. “(a)”

   2. Inserted · 49 U.S.C. § 30114

      Pub. L. 114–94 inserted heading

   3. Added · 49 U.S.C. § 30114

      Pub. L. 114–94 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 114–94 designated existing provisions as subsec. “(a)”, inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   (a) Exemption From Vehicle Safety Standards for Low-volume Manufacturers.— Section 30114 of title 49, United States Code, is amended— (1) by striking “The” and inserting “(a) Vehicles Used for Particular Purposes. The”; and (2) by adding at the end the following new subsection: “(b) Exemption for Low-volume Manufacturers.— “(1) In general.— The Secretary shall— “(A) exempt from section 30112(a) of this title not more than 325 replica motor vehicles per year that are manufactured or imported by a low-volume manufacturer; and “(B) except as provided in paragraph (4) of this subsection, limit any such exemption to the Federal Motor Vehicle Safety Standards applicable to motor vehicles and not motor vehicle equipment. “(2) Registration requirement.— 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 establish terms that ensure that no person may register as a low-volume manufacturer if the person is registered as an importer under section 30141 of this title. “(3) Permanent label requirement.— “(A) In general.— 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 and regulations for which such vehicle is exempt from section 30112(a), states that the vehicle is a replica, and designates the model year such vehicle replicates. “(B) Written notice.— The Secretary may require a low-volume manufacturer of a motor vehicle exempted under paragraph (1) to deliver written notice of the exemption to— “(i) the dealer; and “(ii) the first purchaser of the motor vehicle, if the first purchaser is not an individual that purchases the motor vehicle for resale. “(C) Reporting requirement.— 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). “(4) Effect on other provisions.— Any motor vehicle exempted under this subsection shall also be exempted from sections 32304, 32502, and 32902 of this title and from section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). “(5) Limitation and public notice.— The Secretary shall have 90 days to review and approve or deny a registration submitted under paragraph (2). If the Secretary determines that any such registration submitted is incomplete, the Secretary shall have an additional 30 days for review. Any registration not approved or denied within 90 days after initial submission, or 120 days if the registration submitted is incomplete, shall be deemed approved. The Secretary shall have the authority to revoke an existing registration based on a failure to comply with requirements set forth in this subsection or a finding by the Secretary of a safety-related defect or unlawful conduct under this chapter that poses a significant safety risk. The registrant shall be provided a reasonable opportunity to correct all deficiencies, if such are correctable based on the sole discretion of the Secretary. An exemption granted by the Secretary to a low-volume manufacturer under this subsection may not be transferred to any other person, and shall expire at the end of the calendar year for which it was granted with respect to any volume authorized by the exemption that was not applied by the low-volume manufacturer to vehicles built during that calendar year. The Secretary shall maintain an up-to-date list of registrants and a list of the make and model of motor vehicles exempted under paragraph (1) on at least an annual basis and publish such list in the Federal Register or on a website operated by the Secretary. “(6) Limitation of liability for original manufacturers, licensors or owners of product configuration, trade dress, or design patents.— The original manufacturer, its successor or assignee, or current owner, who grants a license or otherwise transfers rights to a low-volume manufacturer shall incur no liability to any person or entity under Federal or State statute, regulation, local ordinance, or under any Federal or State common law for such license or assignment to a low-volume manufacturer. “(7) Definitions.— In this subsection: “(A) Low-volume manufacturer.— The term ‘low-volume manufacturer’ means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles. “(B) Replica motor vehicle.— The term ‘replica motor vehicle’ means a motor vehicle produced by a low-volume manufacturer and that— “(i) 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 “(ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights. “(8) Construction.— Except as provided in paragraphs (1) and (4), a registrant shall be considered a motor vehicle manufacturer for purposes of parts A and C of subtitle VI of this title. Nothing shall be construed to exempt a registrant from complying with the requirements under sections 30116 through 30120A of this title if the motor vehicle excepted under paragraph (1) contains a defect related to motor vehicle safety. “(9) State registration.— Nothing in this subsection shall be construed to preempt, affect, or supersede any State titling or registration law or regulation for a replica motor vehicle, or exempt a person from complying with such law or regulation.” .

5 of 5 references resolved to an enrolled provision