
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: 49USC30146]

 
                        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. 30146. Release of motor vehicles and bonds

    (a) Compliance Certification and Bond.--(1) Except as provided in 
subsections (c) and (d) of this section, an importer registered under 
section 30141(c) of this title may license or register an imported motor 
vehicle for use on public streets, roads, or highways, or release 
custody of a motor vehicle imported by the registered importer or 
imported by an individual under section 30142 of this title and altered 
by the registered importer to meet applicable motor vehicle safety 
standards prescribed under this chapter to a person for license or 
registration for use on public streets, roads, or highways, only after 
30 days after the registered importer certifies to the Secretary of 
Transportation, in the way the Secretary prescribes, that the motor 
vehicle complies with each standard prescribed in the year the vehicle 
was manufactured and that applies in that year to that vehicle. A 
vehicle may not be released if the Secretary gives written notice before 
the end of the 30-day period that the Secretary will inspect the vehicle 
under subsection (c) of this section.
    (2) The Secretaries of Transportation and the Treasury shall 
prescribe regulations--
        (A) ensuring the release of a motor vehicle and bond required 
    under section 30141(d) of this title at the end of the 30-day 
    period, unless the Secretary of Transportation issues a notice of an 
    inspection under subsection (c) of this section; and
        (B) providing that the Secretary of Transportation shall release 
    the vehicle and bond promptly after an inspection under subsection 
    (c) of this section showing compliance with the standards applicable 
    to the vehicle.

    (3) Each registered importer shall include on each motor vehicle 
released under this subsection a label prescribed by the Secretary of 
Transportation identifying the importer and stating that the vehicle has 
been altered by the importer to comply with the standards applicable to 
the vehicle.
    (b) Reliance on Manufacturer's Certification.--In making a 
certification under subsection (a)(1) of this section, the registered 
importer may rely on the manufacturer's certification for the model to 
which the motor vehicle involved is substantially similar if the 
importer certifies that any alteration made by the importer did not 
affect the compliance of the safety features of the vehicle and the 
importer keeps records verifying the certification for the period the 
Secretary of Transportation prescribes.
    (c) Evidence of Compliance.--(1) The Secretary of Transportation may 
require that the certification under subsection (a)(1) of this section 
be accompanied by evidence of compliance the Secretary considers 
appropriate or may inspect the certified motor vehicle, or both. If the 
Secretary gives notice of an inspection, an importer may release the 
vehicle only after--
        (A) an inspection showing the motor vehicle complies with 
    applicable motor vehicle safety standards prescribed under this 
    chapter for which the inspection was made; and
        (B) release of the vehicle by the Secretary.

    (2) The Secretary of Transportation shall inspect periodically a 
representative number of motor vehicles for which certifications have 
been filed under subsection (a)(1) of this section. In carrying out a 
motor vehicle testing program under this chapter, the Secretary shall 
include a representative number of motor vehicles for which 
certifications have been filed under subsection (a)(1).
    (d) Challenging the Certification.--A motor vehicle or bond may not 
be released under subsection (a) of this section if the Secretary of 
Transportation, not later than 30 days after receiving a certification 
under subsection (a)(1) of this section, gives written notice that the 
Secretary believes or has reason to believe that the certification is 
false or contains a mispresentation. The vehicle and bond may be 
released only after the Secretary is satisfied with the certification 
and any modification of the certification.
    (e) Bond Release.--A release of a bond required under section 
30141(d) of this title is deemed an acceptance of a certification or 
completion of an inspection under this section but is not a decision by 
the Secretary of Transportation under section 30118(a) or (b) of this 
title of compliance with applicable motor vehicle safety standards 
prescribed under this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 964.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
30146(a)..............................  15:1397(c)(3)(E)(i) (1st, 3d,    Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                         last sentences), (vii).          718, 
Sec.  108(c)(3)(E); added Oct.
                                                                          31, 1
988, Pub. L. 100-562, Sec.  2(b),
                                                                          102 S
tat. 2820.
30146(b)..............................  15:1397(c)(3)(E)(ii).
30146(c)..............................  15:1397(c)(3)(E)(i) (2d
                                         sentence), (iii), (iv).
30146(d)..............................  15:1397(c)(3)(E)(vi).
30146(e)..............................  15:1397(c)(3)(E)(v).
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---------------------------------

    In subsection (a)(1), the words ``Except as provided in subsections 
(c) and (d) of this section'' are added because of the restatement.
    In subsection (a)(2)(B), the words ``showing compliance with the 
standards'' are substituted for ``showing no such failure to comply'' 
for clarity.

                  Section Referred to in Other Sections

    This section is referred to in sections 30141, 30147, 30165, 30169 
of this title.
