Responsibility for defects and noncompliance

  1. Law
  2. USC 49
  3. Transportation
  4. MOTOR VEHICLE AND DRIVER PROGRAMS
  5. GENERAL
  6. MOTOR VEHICLE SAFETY
  7. IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT
  8. Responsibility for defects and noncompliance

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§30147. Responsibility for defects and noncompliance

(a) Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.-(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title-

(A) for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this title demonstrates otherwise to the Secretary of Transportation; and

(B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under section 30142 of this title.


(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.

(b) Financial Responsibility Requirement.-The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.

( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 966 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30147(a) 15:1397(d)(1). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718 , §108(d); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2821 .
30147(b) 15:1397(d)(2).

In this section, the words "(relating to discovery, notification, and remedy of motor vehicle defects)" are omitted as surplus.

In subsection (a)(1)(A), the words "for a motor vehicle" are substituted for "in, or regarding, any motor vehicle" to eliminate unnecessary words.

In subsection (a)(1)(B), the word "compliance" is substituted for "conformity" for consistency in this chapter.


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