
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: 49USC33108]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 331--THEFT PREVENTION
 
Sec. 33108. Monitoring compliance of manufacturers

    (a) Records, Reports, Information, and Inspection.--To enable the 
Secretary of Transportation to decide whether a manufacturer of motor 
vehicles containing a part subject to a standard prescribed under 
section 33102 or 33103 of this title, or a manufacturer of major 
replacement parts subject to the standard, is complying with this 
chapter and the standard, the Secretary may require the manufacturer 
to--
        (1) keep records;
        (2) make reports;
        (3) provide items and information; and
        (4) allow an officer or employee designated by the Secretary to 
    inspect the vehicles and parts and relevant records of the 
    manufacturer.

    (b) Entry and Inspection.--To enforce this chapter, an officer or 
employee designated by the Secretary, on presenting appropriate 
credentials and a written notice to the owner, operator, or agent in 
charge, may inspect a facility in which motor vehicles containing major 
parts subject to the standard, or major replacement parts subject to the 
standard, are manufactured, held for introduction into interstate 
commerce, or held for sale after introduction into interstate commerce. 
An inspection shall be conducted at a reasonable time, in a reasonable 
way, and with reasonable promptness.
    (c) Certification of Compliance.--(1) A manufacturer of a motor 
vehicle subject to the standard, and a manufacturer of a major 
replacement part subject to the standard, shall provide at the time of 
delivery of the vehicle or part a certification that the vehicle or part 
conforms to the applicable motor vehicle theft prevention standard. The 
certification shall accompany the vehicle or part until its delivery to 
the first purchaser. The Secretary by regulation may prescribe the type 
and form of the certification.
    (2) This subsection does not apply to a motor vehicle or major 
replacement part that is--
        (A) intended only for export;
        (B) labeled only for export on the vehicle or replacement part 
    and the outside of any container until exported; and
        (C) exported.

    (d) Notification of Error.--A manufacturer shall notify the 
Secretary if the manufacturer discovers that--
        (1) there is an error in the identification (required by the 
    standard) applied to a major part installed by the manufacturer in a 
    motor vehicle during its assembly, or to a major replacement part 
    manufactured by the manufacturer; and
        (2) the motor vehicle or major replacement part has entered 
    interstate commerce.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1083.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
33108(a)..............................  15:2026(a).                      Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  606; added Oct. 25, 1984,
                                                                          Pub. 
L. 98-547, Sec.  101(a), 98 Stat.
                                                                          2760.
33108(b)..............................  15:2026(b).
33108(c)..............................  15:2026(c).
33108(d)..............................  15:2026(d).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``is complying'' are 
substituted for ``has acted or is acting in compliance'' and 
``determining whether such manufacturer has acted or is acting in 
compliance'' to eliminate unnecessary words. The word ``reasonably'' is 
omitted as surplus. In clause (1), the word ``keep'' is substituted for 
``establish and maintain'' for consistency in the revised title and to 
eliminate unnecessary words. In clause (4), the words ``upon request'', 
``duly'', and ``such manufacturer shall make available all such items 
and information in accordance with such reasonable rules as the 
Secretary may prescribe'' are omitted as surplus.
    In subsection (b), the words ``duly'' and ``enter and'' are omitted 
as surplus.
    In subsection (c)(2)(B), the words ``or tagged'' and ``if any'' are 
omitted as surplus.
    Subsection (d) is substituted for 15:2026(d) for clarity.

                  Section Referred to in Other Sections

    This section is referred to in sections 33102, 33114 of this title.
