49 U.S.C. § 30122

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 30122 - Making safety devices and elements inoperative
(a) DEFINITION.-In this section, "motor vehicle repair business" means a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment.
(b) PROHIBITION.-A manufacturer, distributor, dealer, rental company, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the manufacturer, distributor, dealer, rental company, or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.
(c) REGULATIONS.-The Secretary of Transportation may prescribe regulations-
(1) to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety and section 30101 of this title; and
(2) to define "make inoperative".

49 U.S.C. § 30122

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 956; Pub. L. 112-141, div. C, title I, §31202(a)(1), July 6, 2012, 126 Stat. 757; Pub. L. 114-94, div. B, title XXIV, §24109(d), Dec. 4, 2015, 129 Stat. 1707.

HISTORICAL AND REVISION NOTE
Revised SectionSource (U.S. Code)Source (Statutes at Large)
30122(a)15:1397(a)(2)(A) (last sentence).Sept. 9, 1966, Pub. L. 89-563, 80 Stat. 718, §108(a)(2)(A)- (C); added Oct. 27, 1974, Pub. L. 93-492, §103(a)(1)(A), 88 Stat . 1477.
30122(b)15:1397(a)(2)(A) (1st sentence).
30122(c)15:1397(a)(2)(B).
30122(d)15:1397(a)(2)(C).
In subsections (a) and (c), the words "the term" are omitted as surplus.In subsection (a), the words "in the business of" are omitted as surplus.In subsection (b), the words "an applicable motor vehicle safety standard prescribed under this chapter" are substituted for "an applicable Federal motor vehicle safety standard" for consistency. The words "of design" the 2d time they appear and "rendered" are omitted as surplus.In subsection (c)(1), the words "section 30101 of this title" are substituted for "the purposes of this chapter" as being more precise.In subsection (d), the words "with respect . . . the rendering inoperative of" are omitted as surplus.

EDITORIAL NOTES

AMENDMENTS2015-Subsec. (b). Pub. L. 114-94 inserted "rental company," after "dealer," in two places. 2012-Subsec. (d). Pub. L. 112-141 struck out subsec. (d). Text read as follows: "This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2015 AMENDMENTAmendment by Pub. L. 114-94 effective on the date that is 180 days after Dec. 4, 2015, see section 24109(k) of Pub. L. 114-94 set out as a note under section 30102 of this title.

EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

dealer
"dealer" means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.
distributor
"distributor" means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale.
manufacturer
"manufacturer" means a person-(A) manufacturing or assembling motor vehicles or motor vehicle equipment; or(B) importing motor vehicles or motor vehicle equipment for resale.
motor vehicle equipment
"motor vehicle equipment" means-(A) any system, part, or component of a motor vehicle as originally manufactured;(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that-(i) is not a system, part, or component of a motor vehicle; and(ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.
motor vehicle safety standard
"motor vehicle safety standard" means a minimum standard for motor vehicle or motor vehicle equipment performance.
motor vehicle safety
"motor vehicle safety" means the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.
motor vehicle
"motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.
rental company
"rental company" means a person who-(A) is engaged in the business of renting covered rental vehicles; and(B) uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year.