2012 US Code
Title 49 - Transportation
Subtitle VI - MOTOR VEHICLE AND DRIVER PROGRAMS (§§ 30101 - 33118)
Part A - GENERAL (§§ 30101 - 30505)
Chapter 301 - MOTOR VEHICLE SAFETY (§§ 30101 - 30183)
Subchapter IV - ENFORCEMENT AND ADMINISTRATIVE (§§ 30161 - 30171)
Section 30164 - Service of process; conditions on importation of vehicles and equipment
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS PART A - GENERAL CHAPTER 301 - MOTOR VEHICLE SAFETY SUBCHAPTER IV - ENFORCEMENT AND ADMINISTRATIVE Sec. 30164 - Service of process; conditions on importation of vehicles and equipment |
Contains | section 30164 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 968; Pub. L. 112-141, div. C, title I, §31208(2), July 6, 2012, 126 Stat. 761. |
Statutes at Large References | 80 Stat. 724 108 Stat. 968 126 Stat. 761 |
Public Law References | Public Law 89-563, Public Law 103-272, Public Law 112-141 |
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(a)
(b)
(c)
(1) the product by name and the manufacturer's address; and
(2) each retailer or distributor to which the manufacturer directly supplied motor vehicles or motor vehicle equipment over which the Secretary has jurisdiction under this chapter.
(d)
(1) condition the import of a motor vehicle or motor vehicle equipment on the manufacturer's compliance with—
(A) the requirements under this section;
(B) paragraph (1) or (3) of section 30112(a) with respect to such motor vehicle or motor vehicle equipment;
(C) the provision of reports and records required to be maintained with respect to such motor vehicle or motor vehicle equipment under this chapter;
(D) a request for inspection of premises, vehicle, or equipment under section 30166;
(E) an order or voluntary agreement to remedy such vehicle or equipment; or
(F) any rules implementing the requirements described in this subsection;
(2) provide an opportunity for the manufacturer to present information before the Secretary's determination as to whether the manufacturer's imports should be restricted; and
(3) establish a process by which a manufacturer may petition for reinstatement of its ability to import motor vehicles or motor vehicle equipment.
(e)
(1) have imported motor vehicles into the United States that are certified to comply with all applicable Federal motor vehicle safety standards;
(2) have submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and
(3) if applicable, have identified a current agent for service of process in accordance with part 551 of title 49, Code of Federal Regulations.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 968; Pub. L. 112–141, div. C, title I, §31208(2), July 6, 2012, 126 Stat. 761.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30164(a) | 15:1399(e) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §110(e), 80 Stat. 724. |
30164(b) | 15:1399(e) (last sentence). |
In subsection (a), the words “A manufacturer offering . . . shall” are substituted for “It shall be the duty of every manufacturer offering . . . to” to eliminate unnecessary words. The words “into the United States”, “all . . . orders, decisions and requirements”, and “for and on behalf of said manufacturer” are omitted as surplus. The words “The designation may be changed in the same way as originally made” are substituted for “which designation may from time to time be changed by like writing, similarly filed” for clarity.
In subsection (b), the words “An agent may be served” are substituted for “Service of all administrative and judicial processes, notices, orders, decisions and requirements may be made upon said manufacturer by service upon such designated agent” to eliminate unnecessary words. The words “Service on the agent is deemed to be service on the manufacturer” are substituted for “with like effects as if made personally upon said manufacturer”, and the words “If a manufacturer does not designate an agent” are substituted for “and in default of such designation of such agent”, for clarity. The words “of process, notice, order, requirement or decision in any proceeding before the Secretary or in any judicial proceeding for enforcement of this subchapter or any standards prescribed pursuant to this subchapter” and “order, requirement or decision” are omitted as surplus.
References in TextThe date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012, referred to in subsec. (e), is the date of enactment of title I of div. C of Pub. L. 112–141, which was approved July 6, 2012.
Amendments2012—Pub. L. 112–141, §31208(2)(A), inserted “; conditions on importation of vehicles and equipment” after “process” in section catchline.
Subsecs. (c) to (f). Pub. L. 112–141, §31208(2)(B), added subsecs. (c) to (f).
Effective Date of 2012 AmendmentAmendment 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.
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