§ 32506. Prohibited acts

Statutory text

General.—

Except as provided in this section and section 32502 of this title, a person may not—

manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the date an applicable standard under section 32502 of this title takes effect, unless it conforms to the standard;

fail to comply with an applicable regulation prescribed by the Secretary of Transportation under this chapter;

fail to keep records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter or a regulation prescribed under this chapter; or

fail to provide the certificate required by section 32504 of this title, or provide a certificate that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect.

Nonapplication.—

Subsection (a)(1) of this section does not apply to—

the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a passenger motor vehicle or passenger motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale (but this clause does not prohibit a standard from requiring that a vehicle or equipment be manufactured to comply with the standard over a specified period of operation or use); or

a person—

establishing that the person had no reason to know, by exercising reasonable care, that the vehicle or equipment does not comply with the standard; or

holding, without knowing about a noncompliance and before that first purchase, a certificate issued under section 32504 of this title stating that the vehicle or equipment complies with the standard.

Importing Noncomplying Vehicles and Equipment.—

The Secretaries of Transportation and the Treasury may prescribe joint regulations authorizing a passenger motor vehicle or passenger motor vehicle equipment not complying with a standard prescribed under section 32502 of this title to be imported into the United States subject to conditions (including providing a bond) the Secretaries consider appropriate to ensure that the vehicle or equipment will—

comply, after importation, with the standards prescribed under section 32502 of this title;

be exported; or

be abandoned to the United States Government.

The Secretaries may prescribe joint regulations that allow a passenger motor vehicle or passenger motor vehicle equipment to be imported into the United States after the first purchase in good faith other than for resale.

Liability Under Other Law.—

Compliance with a standard under this chapter does not exempt a person from liability provided by law.

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.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 32506
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1045
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1045
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:
1998
Pub. L. 105–277 div. A § 101(g)(tIII)(s351)(b)(2) · 112 Stat. 2681
Inserted · 49 U.S.C. § 32506(a)
Pub. L. 105–277 inserted “and section 32502 of this title” after “Except as provided in this section” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–277 inserted “and section 32502 of this title” after “Except as provided in this section” in introductory provisions.
Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

2 of 2 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
32506(a)	15:1916(a).	Oct. 20, 1972, Pub. L. 92–513, § 106, 86 Stat. 952.
32506(b)	15:1916(b)(1), (2).
32506(c)	15:1916(b)(3), (4).
32506(d)	15:1916(c).

In subsection (a)(4), the words “required by such subsection to the effect that a passenger motor vehicle or passenger motor vehicle equipment conforms to all applicable bumper standards” are omitted as surplus.

In subsection (c)(1), before clause (A), the word “conditions” is substituted for “such terms and conditions” to eliminate unnecessary words. In clause (A), the words “comply, after importation” are substituted for “brought into conformity” for clarity and consistency.

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–277 inserted “and section 32502 of this title” after “Except as provided in this section” in introductory provisions.

Credits

1994–1998 · 2 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1045
1998Pub. L. 105–277, div. A, § 101(g) [title III, § 351(b)(2)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1045; Pub. L. 105–277, div. A, § 101(g) [title III, § 351(b)(2)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476.)