Title 49 — Transportation
Part A · Chapter 301 — Motor Vehicle Safety
§ 30122. Making safety devices and elements inoperative
Statutory text
Definition.—
In this section, “motor vehicle repair business” means a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment.
Prohibition.—
A manufacturer, distributor, dealer, rental company, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the manufacturer, distributor, dealer, rental company, or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.
Regulations.—
The Secretary of Transportation may prescribe regulations—
to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety and section 30101 of this title; and
to define “make inoperative”.
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.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 30122
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 956
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 956Enacted 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:Motor Vehicle and Highway Safety Improvement Act of 2012
Pub. L. 112–141 div. C title I § 31202(a)(1) · 126 Stat. 405
Struck · 49 U.S.C. § 30122(d)
Pub. L. 112–141 struck out subsec. (d). Text read as follows: “This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title.”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–141 struck out subsec. (d). Text read as follows: “This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title.”Enacted provision · exact public law section
(1) in section 30122, by striking subsection (d); andRaechel and Jacqueline Houck Safe Rental Car Act of 2015
Pub. L. 114–94 div. B title XXIV § 24109(d) · 129 Stat. 1312
Inserted · 49 U.S.C. § 30122(b)
Pub. L. 114–94 inserted “rental company,” after “dealer,” in two places
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–94 inserted “rental company,” after “dealer,” in two places.Enacted provision · exact public law section
(d) Making Safety Devices and Elements Inoperative.— Section 30122(b) of title 49, United States Code, is amended by inserting “rental company,” after “dealer,” each place such term appears.Effective date note
Amendment by Pub. L. 114–94 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title.
3 of 3 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 30122(a) | 15:1397(a)(2)(A) (last sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(a)(2)(A)– (C); added Oct. 27, 1974, Pub. L. 93–492, § 103(a)(1)(A), 88 Stat. 1477. |
| 30122(b) | 15:1397(a)(2)(A) (1st sentence). | |
| 30122(c) | 15:1397(a)(2)(B). | |
| 30122(d) | 15:1397(a)(2)(C). | |
In subsections (a) and (c), the words “the term” are omitted as surplus.
In subsection (a), the words “in the business of” are omitted as surplus.
In subsection (b), the words “an applicable motor vehicle safety standard prescribed under this chapter” are substituted for “an applicable Federal motor vehicle safety standard” for consistency. The words “of design” the 2d time they appear and “rendered” are omitted as surplus.
In subsection (c)(1), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise.
In subsection (d), the words “with respect . . . the rendering inoperative of” are omitted as surplus.
Editorial Notes
Amendments2012–2015 · 2 rounds
2015
Subsec. (b). Pub. L. 114–94 inserted “rental company,” after “dealer,” in two places.
2012
Subsec. (d). Pub. L. 112–141 struck out subsec. (d). Text read as follows: “This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective on the date that is 180 days after , see section 24109(k) of Pub. L. 114–94, set out as a note under section 30102 of this title.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.