
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30102]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                          SUBCHAPTER I--GENERAL
 
Sec. 30102. Definitions

    (a) General Definitions.--In this chapter--
        (1) ``dealer'' means a person selling and distributing new motor 
    vehicles or motor vehicle equipment primarily to purchasers that in 
    good faith purchase the vehicles or equipment other than for resale.
        (2) ``defect'' includes any defect in performance, construction, 
    a component, or material of a motor vehicle or motor vehicle 
    equipment.
        (3) ``distributor'' means a person primarily selling and 
    distributing motor vehicles or motor vehicle equipment for resale.
        (4) ``interstate commerce'' means commerce between a place in a 
    State and a place in another State or between places in the same 
    State through another State.
        (5) ``manufacturer'' means a person--
            (A) manufacturing or assembling motor vehicles or motor 
        vehicle equipment; or
            (B) importing motor vehicles or motor vehicle equipment for 
        resale.

        (6) ``motor vehicle'' means a vehicle driven or drawn by 
    mechanical power and manufactured primarily for use on public 
    streets, roads, and highways, but does not include a vehicle 
    operated only on a rail line.
        (7) ``motor vehicle equipment'' means--
            (A) any system, part, or component of a motor vehicle as 
        originally manufactured;
            (B) any similar part or component manufactured or sold for 
        replacement or improvement of a system, part, or component, or 
        as an accessory or addition to a motor vehicle; or
            (C) any device or an article or apparel (except medicine or 
        eyeglasses prescribed by a licensed practitioner) that is not a 
        system, part, or component of a motor vehicle and is 
        manufactured, sold, delivered, offered, or intended to be used 
        only to safeguard motor vehicles and highway users against risk 
        of accident, injury, or death.

        (8) ``motor vehicle safety'' means the performance of a motor 
    vehicle or motor vehicle equipment in a way that protects the public 
    against unreasonable risk of accidents occurring because of the 
    design, construction, or performance of a motor vehicle, and against 
    unreasonable risk of death or injury in an accident, and includes 
    nonoperational safety of a motor vehicle.
        (9) ``motor vehicle safety standard'' means a minimum standard 
    for motor vehicle or motor vehicle equipment performance.
        (10) ``State'' means a State of the United States, the District 
    of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, 
    American Samoa, and the Virgin Islands.
        (11) ``United States district court'' means a district court of 
    the United States, a United States court for Guam, the Virgin 
    Islands, and American Samoa, and the district court for the Northern 
    Mariana Islands.

    (b) Limited Definitions.--(1) In sections 30117(b), 30118-30121, and 
30166(f) of this title--
        (A) ``adequate repair'' does not include repair resulting in 
    substantially impaired operation of a motor vehicle or motor vehicle 
    equipment;
        (B) ``first purchaser'' means the first purchaser of a motor 
    vehicle or motor vehicle equipment other than for resale;
        (C) ``original equipment'' means motor vehicle equipment 
    (including a tire) installed in or on a motor vehicle at the time of 
    delivery to the first purchaser;
        (D) ``replacement equipment'' means motor vehicle equipment 
    (including a tire) that is not original equipment;
        (E) a brand name owner of a tire marketed under a brand name not 
    owned by the manufacturer of the tire is deemed to be the 
    manufacturer of the tire;
        (F) a defect in original equipment, or noncompliance of original 
    equipment with a motor vehicle safety standard prescribed under this 
    chapter, is deemed to be a defect or noncompliance of the motor 
    vehicle in or on which the equipment was installed at the time of 
    delivery to the first purchaser;
        (G) a manufacturer of a motor vehicle in or on which original 
    equipment was installed when delivered to the first purchaser is 
    deemed to be the manufacturer of the equipment; and
        (H) a retreader of a tire is deemed to be the manufacturer of 
    the tire.

    (2) The Secretary of Transportation may prescribe regulations 
changing paragraph (1)(C), (D), (F), or (G) of this subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 941.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30102(a)(1)...........................  15:1391(7).                      Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          102(1
)-(3), (5)-(9), (11), (12), 80
                                                                          Stat.
 718, 719.
                                        15:1391(10).                     Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          102(1
0), 80 Stat. 718; restated Oct.
                                                                          27, 1
974, Pub. L. 93-492, Sec.
                                                                          110(a
), 88 Stat. 1484.
                                        49 App.:1655(a)(6)(A).           Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(a)(
6)(A), 80 Stat. 938.
30102(a)(2)...........................  15:1391(11).
30102(a)(3)...........................  15:1391(6).
30102(a)(4)...........................  15:1391(9).
30102(a)(5)...........................  15:1391(5).
30102(a)(6)...........................  15:1391(3).
30102(a)(7)...........................  15:1391(4).                      Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          102(4
), 80 Stat. 718; restated May 22,
                                                                          1970,
 Pub. L. 91-265, Sec.  2, 84
                                                                          Stat.
 262.
30102(a)(8)...........................  15:1391(1).
30102(a)(9)...........................  15:1391(2).
30102(a)(10)..........................  15:1391(8).
30102(a)(11)..........................  15:1391(12).
30102(b)..............................  15:1419.                         Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  159; added Oct. 27, 1974,
                                                                          Pub. 
L. 93-492, Sec.  102(a), 88 Stat.
                                                                          1476.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the definitions apply to the entire chapter 
because of references in 15:1421-1431 applying 15:1391-1420 to 15:1421-
1431. Before clause (1), the words ``As used'' are omitted as surplus. 
In clause (1), the text of 15:1391(10) and 49 App.:1655(a)(6)(A) is 
omitted as surplus because the complete name of the Secretary of 
Transportation is used the first time the term appears in a section. The 
words ``selling and distributing'' are substituted for ``who is engaged 
in the sale and distribution of'' to eliminate unnecessary words. The 
word ``purposes'' is omitted as surplus. In clause (3), the words 
``selling and distributing'' are substituted for ``engaged in the sale 
and distribution of'' to eliminate unnecessary words. In clause (5)(A), 
the words ``manufacturing or assembling'' are substituted for ``engaged 
in the manufacturing or assembling of'' to eliminate unnecessary words. 
In clause (7), the words ``physician or other duly'' and ``drivers, 
passengers, and other'' are omitted as surplus. In clause (8), the words 
``is also protected'' and ``to persons'' are omitted as unnecessary. In 
clause (9), the words ``which is practicable, which meets the need for 
motor vehicle safety and which provides objective criteria'' are omitted 
as unnecessary because of 15:1392(a) which is restated in section 30111 
of the revised title. In clauses (10) and (11), the words ``the Northern 
Mariana Islands'' are added because of section 502(a)(2) of the Covenant 
to Establish a Commonwealth of the Northern Mariana Islands in Political 
Union with the United States of America, as enacted by the Act of March 
24, 1976 (Public Law 94-241, 90 Stat. 268), and as proclaimed to be in 
effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 
1977, 42 F.R. 56593). The words ``the Canal Zone'' are omitted because 
of the Panama Canal Treaty of 1977. In clause (10), the word ``means'' 
is substituted for ``includes'' as being more appropriate. The words ``a 
State of the United States'' are substituted for ``each of the several 
States'' for consistency. The words ``the Commonwealth of'' are omitted 
as surplus. In clause (11), the word ``Federal'' is omitted as surplus. 
The words ``of the Commonwealth of Puerto Rico'' are omitted as 
unnecessary because the district court of Puerto Rico is a district 
court of the United States under 28:119.
    In subsection (b)(1), before clause (A), the words ``The term'' and 
``the term'' are omitted as surplus. In clause (B), the words ``of a 
motor vehicle or motor vehicle equipment'' are added for clarity. In 
clause (E), the words ``to be'' are added for consistency. The words 
``marketed under such brand name'' are omitted as surplus. In clause 
(F), the words ``a motor vehicle safety standard prescribed under this 
chapter'' are added for clarity and consistency. The word 
``noncompliance'' is substituted for ``failure to comply'' for 
consistency in the chapter. In clause (G), the words ``(rather than the 
manufacturer of such equipment)'' are omitted as surplus. The words 
``deemed to be'' are substituted for ``considered'' for consistency. In 
clause (H), the words ``which have been'' are omitted as surplus.
    Subsection (b)(2) is substituted for ``Except as otherwise provided 
in regulations of the Secretary'' for clarity and because of the 
restatement.

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 2052.
