49 U.S.C. § 33114

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 33114 - Prohibited acts

(a) GENERAL.-A person may not-

(1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a motor vehicle or major replacement part subject to a standard prescribed under section 33102 or 33103 of this title, unless it conforms to the standard;

(2) fail to comply with a regulation prescribed by the Secretary of Transportation or Attorney General under this chapter;

(3) fail to keep specified records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter;

(4) fail to provide the certification required by section 33108(c) of this title, or provide a certification that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect; or

(5) knowingly-

(A) own, operate, maintain, or control a chop shop;

(B) conduct operations in a chop shop; or

(C) transport a passenger motor vehicle or passenger motor vehicle part to or from a chop shop.

(b) NONAPPLICATION.-Subsection (a)(1) of this section does not apply to a person establishing that in the exercise of reasonable care the person did not have reason to know that the motor vehicle or major replacement part was not in conformity with the standard.

49 U.S.C. § 33114

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1091.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
33114	15:2027(a), (b).	Oct. 20, 1972, Pub. L. 92-513, 86 Stat. 947, §610(a), (b); added Oct. 25, 1984, Pub. L. 98-547, §101(a), 98 Stat . 2761; Oct. 25, 1992, Pub. L. 102-519, §§305(a), 306, 106 Stat. 3396, 3397.
	15:2027(c)(1).	Oct. 20, 1972, Pub. L. 92-513, 86 Stat. 947, §610(c)(1); added Oct. 25, 1992, Pub. L. 102-519, §§305(b), 306, 106 Stat. 3396, 3397.

In subsection (a)(1), the words "which is manufactured on or after the date the standard under section 2022 of this title takes effect under this subchapter for such vehicle or major replacement part" are omitted as obsolete because the standard applies to passenger motor vehicles and major replacement parts starting with the 1987 model year. See 50 Fed. Reg. 43166 (1985).In subsection (a)(5)(A), the words "of any kind" are omitted as unnecessary because of the definition of "chop shop" in section 33101 of the revised title.

chop shop: "chop shop" means a building, lot, facility, or other structure or premise at which at least one person engages in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing a passenger motor vehicle or passenger motor vehicle part that has been unlawfully obtained-(A) to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity of the vehicle or part, including the vehicle identification number or a derivative of that number; and(B) to distribute, sell, or dispose of the vehicle or part in interstate or foreign commerce.
major replacement part: "major replacement part" means a major part that is-(A) an original major part in or on a completed motor vehicle and customized or modified after manufacture of the vehicle but before the time of its delivery to the first purchaser; or(B) not installed in or on a motor vehicle at the time of its delivery to the first purchaser and the equitable or legal title to the vehicle has not been transferred to a first purchaser.
passenger motor vehicle: "passenger motor vehicle" includes a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than 6,000 pounds gross vehicle weight.