USC 49 Chap 301 Sec 30115

§ 30115

TITLE 49—TRANSPORTATION

investigations, demonstrations, training, competitive racing events, show, or display.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947;
Pub. L. 105–178, title VII, § 7107(a), June 9, 1998,
112 Stat. 469.)

time of affixing the certification label. A violation of this subsection shall not be subject to a
civil penalty under section 30165.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 947;
Pub. L. 106–414, § 9, Nov. 1, 2000, 114 Stat. 1805.)

HISTORICAL AND REVISION NOTES
Revised
Section
30114 ..........

Source (U.S. Code)
15:1397(j).

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Revised
Section

Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 108(j); added
Oct. 31, 1988, Pub. L.
100–562, § 2(b), 102 Stat.
2824.

30115 ..........

The word ‘‘conditions’’ is omitted as being included
in ‘‘terms’’, and the word ‘‘studies’’ is omitted as being
included in ‘‘research’’. The word ‘‘solely’’ is omitted as
unnecessary.
AMENDMENTS
1998—Pub. L. 105–178 substituted ‘‘competitive racing
events, show, or display’’ for ‘‘or competitive racing
events’’.
TRANSITION RULE
Pub. L. 105–178, title VII, § 7107(b), June 9, 1998, 112
Stat. 469, provided that: ‘‘A person who is the owner of
a motor vehicle located in the United States on the
date of enactment of this Act [June 9, 1998] may seek
an exemption under section 30114 of title 49, United
States Code, as amended by subsection (a) of this section, for a period of 6 months after the date regulations
of the Secretary of Transportation promulgated in response to such amendment take effect.’’

§ 30115. Certification of compliance
(a) IN GENERAL.—A manufacturer or distributor of a motor vehicle or motor vehicle equipment shall certify to the distributor or dealer at
delivery that the vehicle or equipment complies
with applicable motor vehicle safety standards
prescribed under this chapter. A person may not
issue the certificate if, in exercising reasonable
care, the person has reason to know the certificate is false or misleading in a material respect.
Certification of a vehicle must be shown by a
label or tag permanently fixed to the vehicle.
Certification of equipment may be shown by a
label or tag on the equipment or on the outside
of the container in which the equipment is delivered.
(b) CERTIFICATION LABEL.—In the case of the
certification label affixed by an intermediate or
final stage manufacturer of a motor vehicle
built in more than 1 stage, each intermediate or
final stage manufacturer shall certify with respect to each applicable Federal motor vehicle
safety standard—
(1) that it has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle
manufacturer in accordance with regulations
prescribed by the Secretary; or
(2) that it has elected to assume responsibility for compliance with that standard.
If the intermediate or final stage manufacturer
elects to assume responsibility for compliance
with the standard covered by the documentation
provided by an incomplete motor vehicle manufacturer, the intermediate or final stage manufacturer shall notify the incomplete motor vehicle manufacturer in writing within a reasonable

Page 548

Source (U.S. Code)
15:1397(a)(1)(C), (E)
(related to
15:1403).

15:1403.

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§ 108(a)(1)(C), (E) (related
to § 114), 80 Stat. 722; Oct.
27, 1974, Pub. L. 93–492,
§ 103(a)(1)(A),
(2)(B),
88
Stat. 1477, 1478.
Sept. 9, 1966, Pub. L. 89–563,
§ 114, 80 Stat. 726.

The words ‘‘fail to issue a certificate required by section 1403 of this title’’ in 15:1397(a)(1)(C) and the text of
15:1397(a)(1)(E) (related to 15:1403) are omitted as surplus. The word ‘‘certify’’ is substituted for ‘‘furnish . . .
the certification’’ in 15:1403 to eliminate unnecessary
words. The words ‘‘the time of’’ and ‘‘of such vehicle or
equipment by such manufacturer or distributor’’ are
omitted as surplus. The words ‘‘prescribed under this
chapter’’ are added for clarity. The word ‘‘reasonable’’
is substituted for ‘‘due’’ in 15:1397(a)(1)(C) for consistency in the revised title. The words ‘‘to the effect that
a motor vehicle or item of motor vehicle equipment
conforms to all applicable Federal motor vehicle safety
standards’’ are omitted because of the restatement.
The words ‘‘shown by’’ are substituted for ‘‘in the form
of’’ in 15:1403 for clarity.
AMENDMENTS
2000—Pub. L. 106–414 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
FOLLOW-UP REPORT
Pub. L. 106–414, § 16, Nov. 1, 2000, 114 Stat. 1808, provided that: ‘‘One year after the date of the enactment
of this Act [Nov. 1, 2000], the Secretary of Transportation shall report to the Congress on the implementation of the amendments made by this Act [see Short
Title of 2000 Amendment note set out under section
30101 of this title] and any recommendations for additional amendments for consumer safety.’’

§ 30116. Defects and noncompliance found before
sale to purchaser
(a) ACTIONS REQUIRED OF MANUFACTURERS AND
DISTRIBUTORS.—If, after a manufacturer or distributor sells a motor vehicle or motor vehicle
equipment to a distributor or dealer and before
the distributor or dealer sells the vehicle or
equipment, it is decided that the vehicle or
equipment contains a defect related to motor
vehicle safety or does not comply with applicable motor vehicle safety standards prescribed
under this chapter—
(1) the manufacturer or distributor immediately shall repurchase the vehicle or equipment at the price paid by the distributor or
dealer, plus transportation charges and reasonable reimbursement of at least one percent
a month of the price paid prorated from the
date of notice of noncompliance or defect to
the date of repurchase; or
(2) if a vehicle, the manufacturer or distributor immediately shall give to the distributor
or dealer at the manufacturer’s or distributor’s own expense, the part or equipment needed to make the vehicle comply with the standards or correct the defect.