Title 49 — Transportation
Part C · Chapter 331 — Theft Prevention
§ 33106. Exemption for passenger motor vehicles equipped with anti-theft devices
Statutory text
Definitions.—
In this section—
“anti-theft device” means a device to reduce or deter theft that—
is in addition to the theft-deterrent devices required by motor vehicle safety standard numbered 114 in section 571.114 of title 49, Code of Federal Regulations;
the manufacturer believes will be effective in reducing or deterring theft of motor vehicles; and
does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses.
“standard equipment” means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first purchaser customarily has the option to have installed.
Granting Exemptions and Limitations.—
A manufacturer may petition the Secretary of Transportation for an exemption from a requirement of a standard prescribed under section 33102 or 33103 of this title for a line of passenger motor vehicles equipped as standard equipment with an anti-theft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard.
The Secretary may grant an exemption—
for model year 1987, for not more than 2 lines of a manufacturer;
for each of the model years 1988–1996, for not more than 2 additional lines of a manufacturer;
for each of the model years 1997–2000, for not more than one additional line of a manufacturer; and
for each of the model years after model year 2000, for the number of lines that the Attorney General decides under section 33103(d)(3) of this title.
An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted.
Petitioning Procedure.—
A petition must be filed not later than 8 months before the start of production for the first model year covered by the petition. The petition must include—
a detailed description of the device;
the reasons for the manufacturer’s conclusion that the device will be effective in reducing and deterring theft of motor vehicles; and
additional information the Secretary reasonably may require to make the decision described in subsection (b)(1) of this section.
Decisions and Approvals.—
The Secretary shall make a decision about a petition filed under this section not later than 120 days after the date the petition is filed. A decision approving a petition must be based on substantial evidence. The Secretary may approve a petition in whole or in part. If the Secretary does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.
Rescissions.—
The Secretary may rescind an exemption if the Secretary decides that the anti-theft device has not been as effective in reducing and deterring motor vehicle theft as compliance with the standard. A rescission may be effective only—
for a model year after the model year in which the rescission occurs; and
at least 6 months after the manufacturer receives written notice of the rescission from the Secretary.
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. § 33106
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1082
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1082Enacted 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:Pub. L. 103–429 § 6(45) · 108 Stat. 4377
Substituted · 49 U.S.C. § 33106(b)(3)
Pub. L. 103–429 substituted “paragraph (2)(B) or (C) of this subsection” for “subparagraph (2)(B) or (C) of this paragraph”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 103–429 substituted “paragraph (2)(B) or (C) of this subsection” for “subparagraph (2)(B) or (C) of this paragraph”.Enacted provision · exact public law section
(45) In section 33106(b)(3), strike “subparagraph (2)(B) or (C) of this paragraph” and substitute “paragraph (2)(B) or (C) of this subsection”.Effective date note
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
2 of 2 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Pub. L. 103–272 | ||
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 33106(a)(1) | 15:2025(e). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(1), (3), (b)–(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759. |
| 33106(a)(2) | 15:2025(a)(3). | |
| 33106(b) | 15:2025(a)(1), (2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 605(a)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2759; Oct. 25, 1992, Pub. L. 102–519, § 304, 106 Stat. 3396. |
| 33106(c) | 15:2025(b). | |
| 33106(d) | 15:2025(c). | |
| 33106(e) | 15:2025(d). | |
In subsection (b)(1), the words “the application of any of” are omitted as surplus. The words “or lines” are omitted because of 1:1.
In subsection (b)(2)(A), the words “for model year 1987” are substituted for “For the initial model year to which such standard applies” for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words “that the Attorney General decides” are substituted for “for which the Secretary may grant such an exemption (if any) shall be determined” for clarity and because of the restatement.
In subsection (d), the words “for the line covered by the petition” are added for clarity.
Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words.
Pub. L. 103–429
This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1082).
Editorial Notes
Amendments
1994—Subsec. (b)(3). Pub. L. 103–429 substituted “paragraph (2)(B) or (C) of this subsection” for “subparagraph (2)(B) or (C) of this paragraph”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective , see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Credits
1994 · 2 acts
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1082; Pub. L. 103–429, § 6(45), , 108 Stat. 4383.)