
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC30141]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
   SUBCHAPTER III--IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT
 
Sec. 30141. Importing motor vehicles capable of complying with 
        standards
        
    (a) General.--Section 30112(a) of this title does not apply to a 
motor vehicle if--
        (1) on the initiative of the Secretary of Transportation or on 
    petition of a manufacturer or importer registered under subsection 
    (c) of this section, the Secretary decides--
            (A) the vehicle is--
                (i) substantially similar to a motor vehicle originally 
            manufactured for import into and sale in the United States;
                (ii) certified under section 30115 of this title;
                (iii) the same model year (as defined under regulations 
            of the Secretary of Transportation) as the model of the 
            motor vehicle it is being compared to; and
                (iv) capable of being readily altered to comply with 
            applicable motor vehicle safety standards prescribed under 
            this chapter; or

            (B) if there is no substantially similar United States motor 
        vehicle, the safety features of the vehicle comply with or are 
        capable of being altered to comply with those standards based on 
        destructive test information or other evidence the Secretary of 
        Transportation decides is adequate;

        (2) the vehicle is imported by a registered importer; and
        (3) the registered importer pays the annual fee the Secretary of 
    Transportation establishes under subsection (e) of this section to 
    pay for the costs of carrying out the registration program for 
    importers under subsection (c) of this section and any other fees 
    the Secretary of Transportation establishes to pay for the costs 
    of--
            (A) processing bonds provided to the Secretary of the 
        Treasury under subsection (d) of this section; and
            (B) making the decisions under this subchapter.

    (b) Procedures on Deciding on Motor Vehicle Capability.--(1) The 
Secretary of Transportation shall establish by regulation procedures for 
making a decision under subsection (a)(1) of this section and the 
information a petitioner must provide to show clearly that the motor 
vehicle is capable of being brought into compliance with applicable 
motor vehicle safety standards prescribed under this chapter. In 
establishing the procedures, the Secretary shall provide for a minimum 
period of public notice and written comment consistent with ensuring 
expeditious, but complete, consideration and avoiding delay by any 
person. In making a decision under those procedures, the Secretary shall 
consider test information and other information available to the 
Secretary, including any information provided by the manufacturer. If 
the Secretary makes a negative decision, the Secretary may not make 
another decision for the same model until at least 3 calendar months 
have elapsed after the negative decision.
    (2) The Secretary of Transportation shall publish each year in the 
Federal Register a list of all decisions made under subsection (a)(1) of 
this section. Each published decision applies to the model of the motor 
vehicle for which the decision was made. A positive decision permits 
another importer registered under subsection (c) of this section to 
import a vehicle of the same model under this section if the importer 
complies with all the terms of the decision.
    (c) Registration.--(1) The Secretary of Transportation shall 
establish procedures for registering a person who complies with 
requirements prescribed by the Secretary by regulation under this 
subsection, including--
        (A) recordkeeping requirements;
        (B) inspection of records and facilities related to motor 
    vehicles the person has imported, altered, or both; and
        (C) requirements that ensure that the importer (or a successor 
    in interest) will be able technically and financially to carry out 
    responsibilities under sections 30117(b), 30118-30121, and 30166(f) 
    of this title.

    (2) The Secretary of Transportation shall deny registration to a 
person whose registration is revoked under paragraph (4) of this 
subsection.
    (3) The Secretary of Transportation may deny registration to a 
person that is or was owned or controlled by, or under common ownership 
or control with, a person whose registration was revoked under paragraph 
(4) of this subsection.
    (4) The Secretary of Transportation shall establish procedures for--
        (A) revoking or suspending a registration issued under paragraph 
    (1) of this subsection for not complying with a requirement of this 
    subchapter or any of sections 30112, 30115, 30117-30122, 30125(c), 
    30127, or 30166 of this title or regulations prescribed under this 
    subchapter or any of those sections;
        (B) automatically suspending a registration for not paying a fee 
    under subsection (a)(3) of this section in a timely manner or for 
    knowingly filing a false or misleading certification under section 
    30146 of this title; and
        (C) reinstating suspended registrations.

    (d) Bonds.--(1) A person importing a motor vehicle under this 
section shall provide a bond to the Secretary of the Treasury (acting 
for the Secretary of Transportation) and comply with the terms the 
Secretary of Transportation decides are appropriate to ensure that the 
vehicle--
        (A) will comply with applicable motor vehicle safety standards 
    prescribed under this chapter within a reasonable time (specified by 
    the Secretary of Transportation) after the vehicle is imported; or
        (B) will be exported (at no cost to the United States 
    Government) by the Secretary of the Treasury or abandoned to the 
    Government.

    (2) The amount of the bond provided under this subsection shall be 
at least equal to the dutiable value of the motor vehicle (as determined 
by the Secretary of the Treasury) but not more than 150 percent of that 
value.
    (e) Fee Review, Adjustment, and Use.--The Secretary of 
Transportation shall review and make appropriate adjustments at least 
every 2 years in the amounts of the fees required to be paid under 
subsection (a)(3) of this section. The Secretary of Transportation shall 
establish the fees for each fiscal year before the beginning of that 
year. All fees collected remain available until expended without fiscal 
year limit to the extent provided in advance by appropriation laws. The 
amounts are only for use by the Secretary of Transportation--
        (1) in carrying out this section and sections 30146(a)-(c)(1), 
    (d), and (e) and 30147(b) of this title; and
        (2) in advancing to the Secretary of the Treasury amounts for 
    costs incurred under this section and section 30146 of this title to 
    reimburse the Secretary of the Treasury for those costs.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 960; Pub. L. 103-
429, Sec. 6(23), Oct. 31, 1994, 108 Stat. 4380.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30141(a)..............................  15:1397(c)(3)(A), (C)(i).        Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  108(c)(2), (3)(A)-(D);
                                                                          added
 Oct. 31, 1988, Pub. L. 100-562,
                                                                          Sec. 
 2(b), 102 Stat. 2818.
30141(b)..............................  15:1397(c)(3)(C) (ii)-(iv).
30141(c)..............................  15:1397(c)(3)(D).
30141(d)..............................  15:1397(c)(2).
30141(e)..............................  15:1397(c)(3)(B).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1)(A)(iv), the words ``prescribed under this 
chapter'' are substituted for ``Federal'' for consistency in this 
chapter.
    In subsection (a)(3), before clause (A), the words ``any other 
fees'' are substituted for ``such other annual fee or fees'' to 
eliminate unnecessary words. In clause (B), the words ``this 
subchapter'' are substituted for ``this section'' for clarity. See H. 
Rept. No. 100-431, 100th Cong., 1st Sess., p. 19 (1987).
    In subsection (b)(1), the words ``procedures for making a decision 
under subsection (a)(1) of this section'' are substituted for 
``procedures for considering such petitions'' and ``procedures for 
determinations made on the Secretary's initiative'' because of the 
restatement. The words ``(whether or not confidential)'' are omitted as 
unnecessary because of the restatement.
    In subsection (b)(2), the word ``permits'' is substituted for 
``shall be sufficient authority'' for clarity. The word ``conditions'' 
is omitted as being included in ``terms''.
    In subsection (c)(1), before clause (A), the words ``under this 
subsection'' are added for clarity. The word ``including'' is 
substituted for ``include, as a minimum'' to eliminate unnecessary 
words. In clause (B), the words ``(relating to discovery, notification, 
and remedy of defects)'' are omitted as surplus.
    In subsection (c)(3), the words ``directly or indirectly'' are 
omitted as unnecessary because of the restatement.
    In subsection (d)(1), before clause (A), the word ``conditions'' is 
omitted as being included in ``terms''.


                             Pub. L. 103-429

    This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous 
cross-references.


                               Amendments

    1994--Subsec. (c)(4)(A). Pub. L. 103-429 substituted ``any of 
sections 30112'' for ``section 30112'' and inserted ``any of'' before 
``those sections''.


                    Effective Date of 1994 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 30112, 30142, 30146, 30147, 
30165, 32902 of this title.
