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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC33106]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 331--THEFT PREVENTION
 
Sec. 33106. Exemption for passenger motor vehicles equipped with 
        anti-theft devices
        
    (a) Definitions.--In this section--
        (1) ``anti-theft device'' means a device to reduce or deter 
    theft that--
            (A) is in addition to the theft-deterrent devices required 
        by motor vehicle safety standard numbered 114 in section 571.114 
        of title 49, Code of Federal Regulations;
            (B) the manufacturer believes will be effective in reducing 
        or deterring theft of motor vehicles; and
            (C) does not use a signaling device reserved by State law 
        for use on police, emergency, or official vehicles, or on 
        schoolbuses.

        (2) ``standard equipment'' means equipment already installed in 
    a motor vehicle when it is delivered from the manufacturer and not 
    an accessory or other item that the first purchaser customarily has 
    the option to have installed.

    (b) Granting Exemptions and Limitations.--(1) A manufacturer may 
petition the Secretary of Transportation for an exemption from a 
requirement of a standard prescribed under section 33102 or 33103 of 
this title for a line of passenger motor vehicles equipped as standard 
equipment with an anti-theft device that the Secretary decides is likely 
to be as effective in reducing and deterring motor vehicle theft as 
compliance with the standard.
    (2) The Secretary may grant an exemption--
        (A) for model year 1987, for not more than 2 lines of a 
    manufacturer;
        (B) for each of the model years 1988-1996, for not more than 2 
    additional lines of a manufacturer;
        (C) for each of the model years 1997-2000, for not more than one 
    additional line of a manufacturer; and
        (D) for each of the model years after model year 2000, for the 
    number of lines that the Attorney General decides under section 
    33103(d)(3) of this title.

    (3) An additional exemption granted under paragraph (2)(B) or (C) of 
this subsection does not affect an exemption previously granted.
    (c) Petitioning Procedure.--A petition must be filed not later than 
8 months before the start of production for the first model year covered 
by the petition. The petition must include--
        (1) a detailed description of the device;
        (2) the reasons for the manufacturer's conclusion that the 
    device will be effective in reducing and deterring theft of motor 
    vehicles; and
        (3) additional information the Secretary reasonably may require 
    to make the decision described in subsection (b)(1) of this section.

    (d) Decisions and Approvals.--The Secretary shall make a decision 
about a petition filed under this section not later than 120 days after 
the date the petition is filed. A decision approving a petition must be 
based on substantial evidence. The Secretary may approve a petition in 
whole or in part. If the Secretary does not make a decision within the 
120-day period, the petition shall be deemed to be approved and the 
manufacturer shall be exempt from the standard for the line covered by 
the petition for the subsequent model year.
    (e) Rescissions.--The Secretary may rescind an exemption if the 
Secretary decides that the anti-theft device has not been as effective 
in reducing and deterring motor vehicle theft as compliance with the 
standard. A rescission may be effective only--
        (1) for a model year after the model year in which the 
    rescission occurs; and
        (2) at least 6 months after the manufacturer receives written 
    notice of the rescission from the Secretary.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1082; Pub. L. 103-
429, Sec. 6(45), Oct. 31, 1994, 108 Stat. 4383.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
33106(a)(1)...........................  15:2025(e).                      Oct. 20, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, Sec.  605(a)(1), (3), (b)-(e);
                                                                          added Oct. 25, 1984, Pub. L. 98-547,
                                                                          Sec.  101(a), 98 Stat. 2759.
33106(a)(2)...........................  15:2025(a)(3).
33106(b)..............................  15:2025(a)(1), (2).              Oct. 20, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, Sec.  605(a)(2); added Oct. 25,
                                                                          1984, Pub. L. 98-547, Sec.  101(a), 98
                                                                          Stat. 2759; Oct. 25, 1992, Pub. L. 102-
                                                                          519, Sec.  304, 106 Stat. 3396.
33106(c)..............................  15:2025(b).
33106(d)..............................  15:2025(c).
33106(e)..............................  15:2025(d).
----------------------------------------------------------------------------------------------------------------

    In subsection (b)(1), the words ``the application of any of'' are 
omitted as surplus. The words ``or lines'' are omitted because of 1:1.
    In subsection (b)(2)(A), the words ``for model year 1987'' are 
substituted for ``For the initial model year to which such standard 
applies'' for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the 
words ``that the Attorney General decides'' are substituted for ``for 
which the Secretary may grant such an exemption (if any) shall be 
determined'' for clarity and because of the restatement.
    In subsection (d), the words ``for the line covered by the 
petition'' are added for clarity.
    Subsection (e) is substituted for 15:2025(d) for clarity and to 
eliminate unnecessary words.


                             Pub. L. 103-429

    This amends 49:33106(b)(3) to correct an error in the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 1082).


                               Amendments

    1994--Subsec. (b)(3). Pub. L. 103-429 substituted ``paragraph (2)(B) 
or (C) of this subsection'' for ``subparagraph (2)(B) or (C) of this 
paragraph''.


                    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 33102, 33103, 33104 of this 
title.