
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-414 Section 3(a)-(c)]
[CITE: 49USC30166]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
              SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
 
Sec. 30166. Inspections, investigations, and records

    (a) Definition.--In this section, ``motor vehicle accident'' means 
an occurrence associated with the maintenance or operation of a motor 
vehicle or motor vehicle equipment resulting in personal injury, death, 
or property damage.
    (b) Authority To Inspect and Investigate.--(1) The Secretary of 
Transportation may conduct an inspection or investigation--
        (A) that may be necessary to enforce this chapter or a 
    regulation prescribed or order issued under this chapter; or
        (B) related to a motor vehicle accident and designed to carry 
    out this chapter.

    (2) The Secretary of Transportation shall cooperate with State and 
local officials to the greatest extent possible in an inspection or 
investigation under paragraph (1)(B) of this subsection.
    (c) Matters That Can Be Inspected and Impoundment.--In carrying out 
this chapter, an officer or employee designated by the Secretary of 
Transportation--
        (1) at reasonable times, may inspect and copy any record related 
    to this chapter;
        (2) on request, may inspect records of a manufacturer, 
    distributor, or dealer to decide whether the manufacturer, 
    distributor, or dealer has complied or is complying with this 
    chapter or a regulation prescribed or order issued under this 
    chapter; and
        (3) at reasonable times, in a reasonable way, and on display of 
    proper credentials and written notice to an owner, operator, or 
    agent in charge, may--
            (A) enter and inspect with reasonable promptness premises in 
        which a motor vehicle or motor vehicle equipment is 
        manufactured, held for introduction in interstate commerce, or 
        held for sale after introduction in interstate commerce;
            (B) enter and inspect with reasonable promptness premises at 
        which a vehicle or equipment involved in a motor vehicle 
        accident is located;
            (C) inspect with reasonable promptness that vehicle or 
        equipment; and
            (D) impound for not more than 72 hours a vehicle or 
        equipment involved in a motor vehicle accident.

    (d) Reasonable Compensation.--When a motor vehicle (except a vehicle 
subject to subchapter I of chapter 135 of this title) or motor vehicle 
equipment is inspected or temporarily impounded under subsection (c)(3) 
of this section, the Secretary of Transportation shall pay reasonable 
compensation to the owner of the vehicle if the inspection or 
impoundment results in denial of use, or reduction in value, of the 
vehicle.
    (e) Records and Making Reports.--The Secretary of Transportation 
reasonably may require a manufacturer of a motor vehicle or motor 
vehicle equipment to keep records, and a manufacturer, distributor, or 
dealer to make reports, to enable the Secretary to decide whether the 
manufacturer, distributor, or dealer has complied or is complying with 
this chapter or a regulation prescribed or order issued under this 
chapter. This subsection does not impose a recordkeeping requirement on 
a distributor or dealer in addition to those imposed under subsection 
(f) of this section and section 30117(b) of this title or a regulation 
prescribed or order issued under subsection (f) or section 30117(b).
    (f) Providing Copies of Communications About Defects and 
Noncompliance.--A manufacturer shall give the Secretary of 
Transportation a true or representative copy of each communication to 
the manufacturer's dealers or to owners or purchasers of a motor vehicle 
or replacement equipment produced by the manufacturer about a defect or 
noncompliance with a motor vehicle safety standard prescribed under this 
chapter in a vehicle or equipment that is sold or serviced.
    (g) Administrative Authority on Reports, Answers, and Hearings.--(1) 
In carrying out this chapter, the Secretary of Transportation may--
        (A) require, by general or special order, any person to file 
    reports or answers to specific questions, including reports or 
    answers under oath; and
        (B) conduct hearings, administer oaths, take testimony, and 
    require (by subpena or otherwise) the appearance and testimony of 
    witnesses and the production of records the Secretary considers 
    advisable.

    (2) A witness summoned under this subsection is entitled to the same 
fee and mileage the witness would have been paid in a court of the 
United States.
    (h) Civil Actions To Enforce and Venue.--A civil action to enforce a 
subpena or order under subsection (g) of this section may be brought in 
the United States district court for any judicial district in which the 
proceeding is conducted. The court may punish a failure to obey an order 
of the court to comply with a subpena or order as a contempt of court.
    (i) Governmental Cooperation.--The Secretary of Transportation may 
request a department, agency, or instrumentality of the United States 
Government to provide records the Secretary considers necessary to carry 
out this chapter. The head of the department, agency, or instrumentality 
shall provide the record on request, may detail personnel on a 
reimbursable basis, and otherwise shall cooperate with the Secretary. 
This subsection does not affect a law limiting the authority of a 
department, agency, or instrumentality to provide information to another 
department, agency, or instrumentality.
    (j) Cooperation of Secretary.--The Secretary of Transportation may 
advise, assist, and cooperate with departments, agencies, and 
instrumentalities of the Government, States, and other public and 
private agencies in developing a method for inspecting and testing to 
determine compliance with a motor vehicle safety standard.
    (k) Providing Information.--The Secretary of Transportation shall 
provide the Attorney General and, when appropriate, the Secretary of the 
Treasury, information obtained that indicates a violation of this 
chapter or a regulation prescribed or order issued under this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 969; Pub. L. 103-
429, Sec. 6(24), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104-88, title 
III, Sec. 308(j), Dec. 29, 1995, 109 Stat. 947; Pub. L. 104-287, 
Sec. 6(f)(3), Oct. 11, 1996, 110 Stat. 3399.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
30166(a)..............................  15:1397(a)(1)(B), (E) (as        Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         1397(a)(1)(B), (E) relates to    108(a
)(1)(B) (related to Sec.  112(a)-
                                         15:1401(a)(3)(B)).               (c)),
 (D) (related to Sec.
                                                                          158(a
)(1)), (E) (related to Sec.
                                                                          112(a
)-(c)), 80 Stat. 722; Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.
                                                                          103(a
)(1)(A), (2), (3), 88 Stat. 1477,
                                                                          1478.
                                        15:1401(a)(3)(B).                Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                                                          112(a
)-(c), 80 Stat. 725; restated
                                                                          Oct. 
27, 1974, Pub. L. 93-492, Sec.
                                                                          104(a
), 88 Stat. 1478.
30166(b)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(a)(1) (1st, last
                                         sentences)).
                                        15:1401(a)(1) (1st, last
                                         sentences).
30166(c)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(a)(2), (b) (1st
                                         sentence 61st-last words),
                                         (c)(2)).
                                        15:1401(a)(2), (b) (1st
                                         sentence 61st-last words),
                                         (c)(2).
30166(d)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(a)(3)(A)).
                                        15:1401(a)(3)(A).
30166(e)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(b) (1st sentence 1st-
                                         60th words, last sentence)).
                                        15:1401(b) (1st sentence 1st-
                                         60th words, last sentence).
30166(f)..............................  15:1397(a)(1)(D) (related to
                                         15:1418(a)(1)).
                                        15:1418(a)(1).                   Sept. 
9, 1966, Pub. L. 89-563, 80 Stat.
                                                                          718, 
Sec.  158(a)(1); added Oct. 27,
                                                                          1974,
 Pub. L. 93-492, Sec.  102(a), 88
                                                                          Stat.
 1475.
30166(g)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(c)(1), (3), (5)).
                                        15:1401(c)(1), (3), (5).
30166(h)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(c)(4)).
                                        15:1401(c)(4).
30166(i)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(c)(6)).
                                        15:1401(c)(6).
30166(j)..............................  15:1396 (related to inspecting   Sept. 
9, 1966, Pub. L. 89-563, Sec.
                                         and testing).                    107 (
related to inspecting and
                                                                          testi
ng), 80 Stat. 721.
30166(k)..............................  15:1397(a)(1)(B), (E) (as
                                         1397(a)(1)(B), (E) relates to
                                         15:1401(a)(1) (2d sentence)).
                                        15:1401(a)(1) (2d sentence).
-------------------------------------------------------------------------------
---------------------------------

    In this section, the words ``regulation prescribed or order issued 
under this chapter'' are substituted for ``rules, regulations, or orders 
issued thereunder'' and ``regulations and orders promulgated 
thereunder'' for consistency and because ``rule'' and ``regulation'' are 
synonymous. The text of 15:1397(a)(1)(B) and (E) (as 1397(a)(1)(B), (E) 
relates to 15:1401) is omitted as surplus.
    In subsection (a), the words ``As used'' are omitted as surplus. The 
word ``use'' is omitted as being included in ``operation''.
    In subsection (b)(1)(A), the words ``this chapter'' are substituted 
for ``this subchapter'' because of the restatement.
    In subsection (b)(1)(B), the words ``the facts, circumstances, 
conditions, and causes of'' are omitted as surplus. The words ``designed 
to carry out'' are substituted for ``which is for the purposes of 
carrying out'' to eliminate unnecessary words.
    In subsection (b)(2), the words ``making'', ``appropriate'', and 
``consistent with the purposes of this subsection'' are omitted as 
surplus.
    In subsection (c), before clause (1), the words ``In carrying out 
this chapter'' are substituted for ``For purposes of carrying out 
paragraph (1)'' in 15:1401(a)(2) and ``In order to carry out the 
provisions of this subchapter'' in 15:1401(c)(2) for clarity and 
consistency in this chapter. The words ``an officer or employee 
designated by the Secretary of Transportation'' are substituted for 
``officers or employees duly designated by the Secretary'' in 
15:1401(a)(2), ``an officer or employee duly designated by the 
Secretary'' in 15:1401(b), and ``his duly authorized agent'' in 
15:1401(c)(2) for consistency. In clause (1), the words ``may inspect 
and copy'' are substituted for ``shall . . . have access to, and for the 
purposes of examination the right to copy'' in 15:1401(c)(2) to 
eliminate unnecessary words. The words ``of any person having materials 
or information . . . any function of the Secretary under'' are omitted 
as surplus. In clause (2), the word ``may'' is substituted for ``permit 
such officer or employee to'' in 15:1401(b) because of the restatement. 
The words ``appropriate'' and ``relevant'' are omitted as surplus. In 
clause (3)(A)-(C), the words ``inspect with reasonable promptness'' are 
substituted for 15:1401(a)(2) (last sentence) to eliminate unnecessary 
words and for consistency. In clause (3)(A), the word ``premises'' is 
substituted for ``factory, warehouse, or establishment'' for 
consistency. In clause (3)(D), the words ``not more than'' are 
substituted for ``a period not to exceed'' for consistency.
    In subsection (d), the words ``for the purpose of inspection'' and 
``the authority of'' are omitted as surplus. The words ``is inspected or 
temporarily impounded under subsection (c)(3) of this section'' are 
substituted for ``Whenever, under the authority of paragraph (2)(B), the 
Secretary inspects or temporarily impounds for the purpose of 
inspection'' for clarity and to correct the cross-reference in the 
source provision. The words ``to its owner'' are omitted as surplus.
    In subsection (e), the words ``establish and'' are omitted as 
surplus. The words ``This subsection does not impose'' are substituted 
for ``Nothing in this subsection shall be construed as imposing'' for 
consistency and to eliminate unnecessary words.
    In subsection (f), the words ``notices, bulletins, and other'' are 
omitted as surplus. The words ``with a motor vehicle safety standard 
prescribed under this chapter'' are added for clarity. The text of 
15:1397(a)(1)(D) (related to 15:1418(a)(1)) is omitted as surplus.
    In subsection (g)(1), before clause (A), the words ``or on the 
authorization of the Secretary, any officer or employee of the 
Department of Transportation'' are omitted as surplus because of 
49:322(b). In clause (A), the words ``in writing'', ``in such form as 
the Secretary may prescribe'', ``relating to any function of the 
Secretary under this subchapter'', and ``shall be filed with the 
Secretary within such reasonable period as the Secretary may prescribe'' 
are omitted as surplus. In clause (B), the words ``sit and act at such 
times and places'' are omitted as being included in ``conduct 
hearings''. The word ``records'' is substituted for ``such books, 
papers, correspondence, memorandums, contracts, agreements, or other 
records'' for consistency in the revised title and with other titles of 
the United States Code.
    In subsection (h), the words ``A civil action to enforce a subpena 
or order . . . may be brought in the United States district court for 
the judicial district in which the proceeding is conducted'' are 
substituted for ``any of the district courts of the United States within 
the jurisdiction of which an inquiry is carried on may, in the case of 
contumacy or refusal to obey a subpena or order of the Secretary or such 
officer or employee . . . issue an order requiring compliance 
therewith'' for clarity and to eliminate unnecessary words. The words 
``an order of the court to comply with a subpena or order'' are 
substituted for ``such order of the court'' for clarity.
    In subsection (i), the words ``United States'' are substituted for 
``Federal'' for consistency. The words ``to provide'' are substituted 
for ``from'' because of the restatement. The words ``his functions 
under'' are omitted as surplus. The words ``head of the'' are added for 
consistency. The words ``to the Department of Transportation . . . made 
by the Secretary'' are omitted as surplus. The words ``detail personnel 
on a reimbursable basis'' are substituted for 15:1401(c)(6)(B) to 
eliminate unnecessary words and because of the restatement. The word 
``otherwise'' is added for clarity. The words ``be deemed to'' and 
``provision of'' are omitted as surplus.
    In subsection (j), the words ``departments, agencies, and 
instrumentalities of the Government, States, and other public and 
private agencies'' are substituted for ``other Federal departments and 
agencies, and State and other interested public and private agencies'' 
for consistency.
    In subsection (k), the words ``for appropriate action'' are omitted 
as surplus.


                             Pub. L. 103-429

    This amends 49:30166(h) to clarify the restatement of 15:1401(c)(4) 
by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 
970).


                               Amendments

    1996--Subsec. (d). Pub. L. 104-287 made technical amendment to 
directory language of Pub. L. 104-88, Sec. 308(j). See 1995 Amendment 
note below.
    1995--Subsec. (d). Pub. L. 104-88, Sec. 308(j), as amended by Pub. 
L. 104-287, substituted ``subchapter I of chapter 135'' for ``subchapter 
II of chapter 105''.
    1994--Subsec. (h). Pub. L. 103-429 substituted ``any judicial 
district'' for ``the judicial district''.


                    Effective Date of 1996 Amendment

    Section 6(f)(3) of Pub. L. 104-287 provided that the amendment made 
by that section is effective Dec. 29, 1995.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
this title.


                    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 30102, 30103, 30117, 30118, 
30141, 30147, 30165 of this title.
