2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle VI - Motor Vehicle and Driver Programs (Sections 30101 - 33118)
Part C - Information, Standards, and Requirements (Sections 32101 - 33118)
Chapter 325 - Bumper Standards (Sections 32501 - 32511)
Sec. 32503 - Judicial review of bumper standards
Publication Title | United States Code, 2012 Edition, Supplement 3, 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 C - INFORMATION, STANDARDS, AND REQUIREMENTS CHAPTER 325 - BUMPER STANDARDS Sec. 32503 - Judicial review of bumper standards |
Contains | section 32503 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1043. |
Statutes at Large References | 86 Stat. 950 108 Stat. 1043 |
Public and Private Laws | Public Law 92-513, Public Law 103-272 |
Download PDF
(a) Filing and Venue.—A person that may be adversely affected by a standard prescribed under section 32502 of this title may apply for review of the standard by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 59 days after the standard is prescribed.
(b) Notifying Secretary.—The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the standard was prescribed.
(c) Additional Proceedings.—(1) On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence in rebuttal if the court is satisfied the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary.
(2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside a standard, and the additional evidence with the court.
(d) Supreme Court Review and Additional Remedies.—A judgment of a court under this section may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under this section is in addition to any other remedies provided by law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1043.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
32503(a) | 15:1913(a) (1st sentence), (c). | Oct. 20, 1972, Pub. L. 92–513, §103, 86 Stat. 950. |
32503(b) | 15:1913(a) (2d, last sentences). | |
32503(c) | 15:1913(b). | |
32503(d) | 15:1913(d), (e). |
In subsection (a), the words "may apply for" are added for clarity. The text of 15:1913(c) is omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (b), the words "or his delegate" and "thereupon" are omitted as surplus. The words "in which the standard was prescribed" are substituted for "on which the Secretary based his rule, as provided in section 2112 of title 28" to eliminate unnecessary words.
In subsection (c)(1), the words "On request of the petitioner" are substituted for "If the petitioner applies to the court for leave to adduce" to eliminate unnecessary words. The words "the Secretary to receive" are substituted for "to be taken before the Secretary, and to be adduced in a hearing" for clarity. The words "in such manner and upon such terms and conditions as the court may deem proper" are omitted as surplus.
In subsection (c)(2), the words "with the court" are substituted for "with the return of" for clarity.
In subsection (d), the words "affirming or setting aside, in whole or in part, any such rule of the Secretary" are omitted as surplus. The words "may be reviewed only" are substituted for "shall be final, subject to review" for clarity. The words "and not in lieu of" are omitted as surplus.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.