USCODE-2011-title49-subtitleVI-partA-chap301-subchapIV-sec30166

§ 30166

TITLE 49—TRANSPORTATION

Pub. L. 105–178, title VII, § 7106(b), June 9, 1998, 112 Stat.
467.
AMENDMENTS
2005—Subsec. (a)(2), (3). Pub. L. 109–59, which directed
amendment of section 30165(a), without specifying the
title to be amended, by adding par. (2) and redesignating former par. (2) as (3), was executed to this section,
to reflect the probable intent of Congress.
2000—Subsec. (a). Pub. L. 106–414 amended heading
and text generally. Prior to amendment, text read as
follows: ‘‘A person that violates any of sections 30112,
30115, 30117–30122, 30123(d), 30125(c), 30127, 30141–30147, or
30166 of this title or a regulation prescribed under any
of those sections is liable to the United States Government for a civil penalty of not more than $1,000 for each
violation. A separate violation occurs for each motor
vehicle or item of motor vehicle equipment and for
each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty
under this subsection for a related series of violations
is $800,000.’’
1994—Subsec. (a). Pub. L. 103–429 substituted ‘‘any of
sections 30112’’ for ‘‘section 30112’’ and inserted ‘‘any
of’’ before ‘‘those sections’’ in two places.
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.

§ 30166. Inspections, investigations, and records
(a) DEFINITION.—In this section, ‘‘motor vehicle accident’’ means an occurrence associated
with the maintenance or operation of a motor
vehicle or motor vehicle equipment resulting in
personal injury, death, or property damage.
(b) AUTHORITY TO INSPECT AND INVESTIGATE.—
(1) The Secretary of Transportation may conduct an inspection or investigation—
(A) that may be necessary to enforce this
chapter or a regulation prescribed or order issued under this chapter; or
(B) related to a motor vehicle accident and
designed to carry out this chapter.
(2) The Secretary of Transportation shall cooperate with State and local officials to the
greatest extent possible in an inspection or investigation under paragraph (1)(B) of this subsection.
(c) MATTERS THAT CAN BE INSPECTED AND IMPOUNDMENT.—In carrying out this chapter, an officer or employee designated by the Secretary of
Transportation—
(1) at reasonable times, may inspect and
copy any record related to this chapter;
(2) on request, may inspect records of a manufacturer, distributor, or dealer to decide
whether the manufacturer, distributor, or
dealer has complied or is complying with this
chapter or a regulation prescribed or order issued under this chapter; and
(3) at reasonable times, in a reasonable way,
and on display of proper credentials and written notice to an owner, operator, or agent in
charge, may—
(A) enter and inspect with reasonable
promptness premises in which a motor vehicle or motor vehicle equipment is manufactured, held for introduction in interstate
commerce, or held for sale after introduction in interstate commerce;
(B) enter and inspect with reasonable
promptness premises at which a vehicle or

Page 572

equipment involved in a motor vehicle accident is located;
(C) inspect with reasonable promptness
that vehicle or equipment; and
(D) impound for not more than 72 hours a
vehicle or equipment involved in a motor vehicle accident.
(d) REASONABLE COMPENSATION.—When a
motor vehicle (except a vehicle subject to subchapter I of chapter 135 of this title) or motor
vehicle equipment is inspected or temporarily
impounded under subsection (c)(3) of this section, the Secretary of Transportation shall pay
reasonable compensation to the owner of the vehicle if the inspection or impoundment results
in denial of use, or reduction in value, of the vehicle.
(e) RECORDS AND MAKING REPORTS.—The Secretary of Transportation reasonably may require a manufacturer of a motor vehicle or
motor vehicle equipment to keep records, and a
manufacturer, distributor, or dealer to make reports, to enable the Secretary to decide whether
the manufacturer, distributor, or dealer has
complied or is complying with this chapter or a
regulation prescribed or order issued under this
chapter. This subsection does not impose a recordkeeping requirement on a distributor or dealer in addition to those imposed under subsection
(f) of this section and section 30117(b) of this
title or a regulation prescribed or order issued
under subsection (f) or section 30117(b).
(f) PROVIDING COPIES OF COMMUNICATIONS
ABOUT DEFECTS AND NONCOMPLIANCE.—A manufacturer shall give the Secretary of Transportation a true or representative copy of each
communication to the manufacturer’s dealers or
to owners or purchasers of a motor vehicle or replacement equipment produced by the manufacturer about a defect or noncompliance with a
motor vehicle safety standard prescribed under
this chapter in a vehicle or equipment that is
sold or serviced.
(g) ADMINISTRATIVE AUTHORITY ON REPORTS,
ANSWERS, AND HEARINGS.—(1) In carrying out
this chapter, the Secretary of Transportation
may—
(A) require, by general or special order, any
person to file reports or answers to specific
questions, including reports or answers under
oath; and
(B) conduct hearings, administer oaths, take
testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection
is entitled to the same fee and mileage the witness would have been paid in a court of the
United States.
(h) CIVIL ACTIONS TO ENFORCE AND VENUE.—A
civil action to enforce a subpena or order under
subsection (g) of this section may be brought in
the United States district court for any judicial
district in which the proceeding is conducted.
The court may punish a failure to obey an order
of the court to comply with a subpena or order
as a contempt of court.
(i) GOVERNMENTAL COOPERATION.—The Secretary of Transportation may request a depart-

Page 573

TITLE 49—TRANSPORTATION

ment, agency, or instrumentality of the United
States Government to provide records the Secretary considers necessary to carry out this
chapter. The head of the department, agency, or
instrumentality shall provide the record on request, may detail personnel on a reimbursable
basis, and otherwise shall cooperate with the
Secretary. This subsection does not affect a law
limiting the authority of a department, agency,
or instrumentality to provide information to another department, agency, or instrumentality.
(j) COOPERATION OF SECRETARY.—The Secretary of Transportation may advise, assist, and
cooperate with departments, agencies, and instrumentalities of the Government, States, and
other public and private agencies in developing
a method for inspecting and testing to determine compliance with a motor vehicle safety
standard.
(k) PROVIDING INFORMATION.—The Secretary of
Transportation shall provide the Attorney General and, when appropriate, the Secretary of the
Treasury, information obtained that indicates a
violation of this chapter or a regulation prescribed or order issued under this chapter.
(l) REPORTING OF DEFECTS IN MOTOR VEHICLES
AND PRODUCTS IN FOREIGN COUNTRIES.—
(1) REPORTING OF DEFECTS, MANUFACTURER
DETERMINATION.—Not later than 5 working
days after determining to conduct a safety recall or other safety campaign in a foreign
country on a motor vehicle or motor vehicle
equipment that is identical or substantially
similar to a motor vehicle or motor vehicle
equipment offered for sale in the United
States, the manufacturer shall report the determination to the Secretary.
(2) REPORTING OF DEFECTS, FOREIGN GOVERNMENT DETERMINATION.—Not later than 5 working days after receiving notification that the
government of a foreign country has determined that a safety recall or other safety campaign must be conducted in the foreign country on a motor vehicle or motor vehicle equipment that is identical or substantially similar
to a motor vehicle or motor vehicle equipment
offered for sale in the United States, the manufacturer of the motor vehicle or motor vehicle equipment shall report the determination
to the Secretary.
(3) REPORTING REQUIREMENTS.—The Secretary shall prescribe the contents of the notification required by this subsection.
EARLY WARNING REPORTING REQUIREMENTS.—
(1) RULEMAKING REQUIRED.—Not later than
120 days after the date of the enactment of the
Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, the
Secretary shall initiate a rulemaking proceeding to establish early warning reporting requirements for manufacturers of motor vehicles and motor vehicle equipment to enhance
the Secretary’s ability to carry out the provisions of this chapter.
(2) DEADLINE.—The Secretary shall issue a
final rule under paragraph (1) not later than
June 30, 2002.
(3) REPORTING ELEMENTS.—
(A) WARRANTY AND CLAIMS DATA.—As part
of the final rule promulgated under para(m)

§ 30166

graph (1), the Secretary shall require manufacturers of motor vehicles and motor vehicle equipment to report, periodically or upon
request by the Secretary, information which
is received by the manufacturer derived
from foreign and domestic sources to the extent that such information may assist in the
identification of defects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the United States and
which concerns—
(i) data on claims submitted to the manufacturer for serious injuries (including
death) and aggregate statistical data on
property damage from alleged defects in a
motor vehicle or in motor vehicle equipment; or
(ii) customer satisfaction campaigns,
consumer advisories, recalls, or other activity involving the repair or replacement
of motor vehicles or items of motor vehicle equipment.
(B) OTHER DATA.—As part of the final rule
promulgated under paragraph (1), the Secretary may, to the extent that such information may assist in the identification of defects related to motor vehicle safety in
motor vehicles and motor vehicle equipment
in the United States, require manufacturers
of motor vehicles or motor vehicle equipment to report, periodically or upon request
of the Secretary, such information as the
Secretary may request.
(C) REPORTING OF POSSIBLE DEFECTS.—The
manufacturer of a motor vehicle or motor
vehicle equipment shall report to the Secretary, in such manner as the Secretary establishes by regulation, all incidents of
which the manufacturer receives actual notice which involve fatalities or serious injuries which are alleged or proven to have been
caused by a possible defect in such manufacturer’s motor vehicle or motor vehicle
equipment in the United States, or in a foreign country when the possible defect is in a
motor vehicle or motor vehicle equipment
that is identical or substantially similar to
a motor vehicle or motor vehicle equipment
offered for sale in the United States.
(4) HANDLING AND UTILIZATION OF REPORTING
ELEMENTS.—
(A) SECRETARY’S SPECIFICATIONS.—In requiring the reporting of any information requested by the Secretary under this subsection, the Secretary shall specify in the
final rule promulgated under paragraph (1)—
(i) how such information will be reviewed and utilized to assist in the identification of defects related to motor vehicle
safety;
(ii) the systems and processes the Secretary will employ or establish to review
and utilize such information; and
(iii) the manner and form of reporting
such information, including in electronic
form.
(B) INFORMATION IN POSSESSION OF MANUFACTURER.—The regulations promulgated by
the Secretary under paragraph (1) may not
require a manufacturer of a motor vehicle or

§ 30166

TITLE 49—TRANSPORTATION

motor vehicle equipment to maintain or submit records respecting information not in
the possession of the manufacturer.
(C) DISCLOSURE.—None of the information
collected pursuant to the final rule promulgated under paragraph (1) shall be disclosed
pursuant to section 30167(b) unless the Secretary determines the disclosure of such information will assist in carrying out sections 30117(b) and 30118 through 30121.
(D) BURDENSOME REQUIREMENTS.—In promulgating the final rule under paragraph (1),
the Secretary shall not impose requirements
unduly burdensome to a manufacturer of a
motor vehicle or motor vehicle equipment,
taking into account the manufacturer’s cost
of complying with such requirements and
the Secretary’s ability to use the information sought in a meaningful manner to assist
in the identification of defects related to
motor vehicle safety.
(5) PERIODIC REVIEW.—As part of the final
rule promulgated pursuant to paragraph (1),
the Secretary shall specify procedures for the
periodic review and update of such rule.

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 969;
Pub. L. 103–429, § 6(24), Oct. 31, 1994, 108 Stat.
4380; Pub. L. 104–88, title III, § 308(j), Dec. 29, 1995,
109 Stat. 947; Pub. L. 104–287, § 6(f)(3), Oct. 11,
1996, 110 Stat. 3399; Pub. L. 106–414, § 3(a)–(c),
Nov. 1, 2000, 114 Stat. 1800–1802.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
30166(a) ......

Source (U.S. Code)
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(a)(3)(B)).

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§ 108(a)(1)(B) (related to
§ 112(a)–(c)), (D) (related to
§ 158(a)(1)), (E) (related to
§ 112(a)–(c)), 80 Stat. 722;
Oct. 27, 1974, Pub. L.
93–492, § 103(a)(1)(A), (2),
(3), 88 Stat. 1477, 1478.

Source (U.S. Code)
15:1401(a)(3)(B).

30166(b) ......

30166(c) ......

30166(d) ......

30166(e) ......

(n) SALE OR LEASE OF DEFECTIVE OR NONCOMPLIANT TIRE.—
(1) IN GENERAL.—The Secretary shall, within
90 days of the date of the enactment of the
Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act,
issue a final rule requiring any person who
knowingly and willfully sells or leases for use
on a motor vehicle a defective tire or a tire
which is not compliant with an applicable tire
safety standard with actual knowledge that
the manufacturer of such tire has notified its
dealers of such defect or noncompliance as required under section 30118(c) or as required by
an order under section 30118(b) to report such
sale or lease to the Secretary.
(2) DEFECT OR NONCOMPLIANCE REMEDIED OR
ORDER NOT IN EFFECT.—Regulations under
paragraph (1) shall not require the reporting
described in paragraph (1) where before delivery under a sale or lease of a tire—
(A) the defect or noncompliance of the tire
is remedied as required by section 30120; or
(B) notification of the defect or noncompliance is required under section 30118(b) but
enforcement of the order is restrained or the
order is set aside in a civil action to which
section 30121(d) applies.

Page 574

30166(f) .......

30166(g) ......

30166(h) ......

30166(i) .......

30166(j) .......
30166(k) ......

15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(a)(1) (1st,
last sentences)).
15:1401(a)(1) (1st,
last sentences).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(a)(2), (b)
(1st sentence
61st–last words),
(c)(2)).
15:1401(a)(2), (b) (1st
sentence 61st–last
words), (c)(2).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(a)(3)(A)).
15:1401(a)(3)(A).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(b) (1st sentence 1st–60th
words, last sentence)).
15:1401(b) (1st sentence 1st–60th
words, last sentence).
15:1397(a)(1)(D) (related to
15:1418(a)(1)).
15:1418(a)(1).

15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(c)(1), (3),
(5)).
15:1401(c)(1), (3), (5).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(c)(4)).
15:1401(c)(4).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(c)(6)).
15:1401(c)(6).
15:1396 (related to
inspecting and
testing).
15:1397(a)(1)(B), (E)
(as 1397(a)(1)(B),
(E) relates to
15:1401(a)(1) (2d
sentence)).
15:1401(a)(1) (2d sentence).

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§ 112(a)–(c), 80 Stat. 725; restated Oct. 27, 1974, Pub.
L. 93–492, § 104(a), 88 Stat.
1478.

Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 158(a)(1);
added Oct. 27, 1974, Pub. L.
93–492, § 102(a), 88 Stat.
1475.

Sept. 9, 1966, Pub. L. 89–563,
§ 107 (related to inspecting
and testing), 80 Stat. 721.

In this section, the words ‘‘regulation prescribed or
order issued under this chapter’’ are substituted for
‘‘rules, regulations, or orders issued thereunder’’ and
‘‘regulations and orders promulgated thereunder’’ for
consistency and because ‘‘rule’’ and ‘‘regulation’’ are
synonymous. The text of 15:1397(a)(1)(B) and (E) (as
1397(a)(1)(B), (E) relates to 15:1401) is omitted as surplus.
In subsection (a), the words ‘‘As used’’ are omitted as
surplus. The word ‘‘use’’ is omitted as being included in
‘‘operation’’.
In subsection (b)(1)(A), the words ‘‘this chapter’’ are
substituted for ‘‘this subchapter’’ because of the restatement.
In subsection (b)(1)(B), the words ‘‘the facts, circumstances, conditions, and causes of’’ are omitted as surplus. The words ‘‘designed to carry out’’ are substituted
for ‘‘which is for the purposes of carrying out’’ to eliminate unnecessary words.

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§ 30167

TITLE 49—TRANSPORTATION

In subsection (b)(2), the words ‘‘making’’, ‘‘appropriate’’, and ‘‘consistent with the purposes of this subsection’’ are omitted as surplus.
In subsection (c), before clause (1), the words ‘‘In carrying out this chapter’’ are substituted for ‘‘For purposes of carrying out paragraph (1)’’ in 15:1401(a)(2) and
‘‘In order to carry out the provisions of this subchapter’’ in 15:1401(c)(2) for clarity and consistency in
this chapter. The words ‘‘an officer or employee designated by the Secretary of Transportation’’ are substituted for ‘‘officers or employees duly designated by
the Secretary’’ in 15:1401(a)(2), ‘‘an officer or employee
duly designated by the Secretary’’ in 15:1401(b), and
‘‘his duly authorized agent’’ in 15:1401(c)(2) for consistency. In clause (1), the words ‘‘may inspect and copy’’
are substituted for ‘‘shall . . . have access to, and for
the purposes of examination the right to copy’’ in
15:1401(c)(2) to eliminate unnecessary words. The words
‘‘of any person having materials or information . . .
any function of the Secretary under’’ are omitted as
surplus. In clause (2), the word ‘‘may’’ is substituted for
‘‘permit such officer or employee to’’ in 15:1401(b) because of the restatement. The words ‘‘appropriate’’ and
‘‘relevant’’ are omitted as surplus. In clause (3)(A)–(C),
the words ‘‘inspect with reasonable promptness’’ are
substituted for 15:1401(a)(2) (last sentence) to eliminate
unnecessary words and for consistency. In clause (3)(A),
the word ‘‘premises’’ is substituted for ‘‘factory, warehouse, or establishment’’ for consistency. In clause
(3)(D), the words ‘‘not more than’’ are substituted for
‘‘a period not to exceed’’ for consistency.
In subsection (d), the words ‘‘for the purpose of inspection’’ and ‘‘the authority of’’ are omitted as surplus. The words ‘‘is inspected or temporarily impounded under subsection (c)(3) of this section’’ are
substituted for ‘‘Whenever, under the authority of
paragraph (2)(B), the Secretary inspects or temporarily
impounds for the purpose of inspection’’ for clarity and
to correct the cross-reference in the source provision.
The words ‘‘to its owner’’ are omitted as surplus.
In subsection (e), the words ‘‘establish and’’ are omitted as surplus. The words ‘‘This subsection does not impose’’ are substituted for ‘‘Nothing in this subsection
shall be construed as imposing’’ for consistency and to
eliminate unnecessary words.
In subsection (f), the words ‘‘notices, bulletins, and
other’’ are omitted as surplus. The words ‘‘with a
motor vehicle safety standard prescribed under this
chapter’’ are added for clarity. The text of
15:1397(a)(1)(D) (related to 15:1418(a)(1)) is omitted as
surplus.
In subsection (g)(1), before clause (A), the words ‘‘or
on the authorization of the Secretary, any officer or
employee of the Department of Transportation’’ are
omitted as surplus because of 49:322(b). In clause (A),
the words ‘‘in writing’’, ‘‘in such form as the Secretary
may prescribe’’, ‘‘relating to any function of the Secretary under this subchapter’’, and ‘‘shall be filed with
the Secretary within such reasonable period as the Secretary may prescribe’’ are omitted as surplus. In clause
(B), the words ‘‘sit and act at such times and places’’
are omitted as being included in ‘‘conduct hearings’’.
The word ‘‘records’’ is substituted for ‘‘such books, papers, correspondence, memorandums, contracts, agreements, or other records’’ for consistency in the revised
title and with other titles of the United States Code.
In subsection (h), the words ‘‘A civil action to enforce
a subpena or order . . . may be brought in the United
States district court for the judicial district in which
the proceeding is conducted’’ are substituted for ‘‘any
of the district courts of the United States within the
jurisdiction of which an inquiry is carried on may, in
the case of contumacy or refusal to obey a subpena or
order of the Secretary or such officer or employee . . .
issue an order requiring compliance therewith’’ for
clarity and to eliminate unnecessary words. The words
‘‘an order of the court to comply with a subpena or
order’’ are substituted for ‘‘such order of the court’’ for
clarity.
In subsection (i), the words ‘‘United States’’ are substituted for ‘‘Federal’’ for consistency. The words ‘‘to

provide’’ are substituted for ‘‘from’’ because of the restatement. The words ‘‘his functions under’’ are omitted as surplus. The words ‘‘head of the’’ are added for
consistency. The words ‘‘to the Department of Transportation . . . made by the Secretary’’ are omitted as
surplus. The words ‘‘detail personnel on a reimbursable
basis’’ are substituted for 15:1401(c)(6)(B) to eliminate
unnecessary words and because of the restatement. The
word ‘‘otherwise’’ is added for clarity. The words ‘‘be
deemed to’’ and ‘‘provision of’’ are omitted as surplus.
In subsection (j), the words ‘‘departments, agencies,
and instrumentalities of the Government, States, and
other public and private agencies’’ are substituted for
‘‘other Federal departments and agencies, and State
and other interested public and private agencies’’ for
consistency.
In subsection (k), the words ‘‘for appropriate action’’
are omitted as surplus.
PUB. L. 103–429
This amends 49:30166(h) to clarify the restatement of
15:1401(c)(4) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 970).
REFERENCES IN TEXT
The date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act, referred to in subsecs. (m)(1) and (n)(1),
is the date of enactment of Pub. L. 106–414, which was
approved Nov. 1, 2000.
AMENDMENTS
2000—Subsecs. (l) to (n). Pub. L. 106–414 added subsecs.
(l) to (n).
1996—Subsec. (d). Pub. L. 104–287 made technical
amendment to directory language of Pub. L. 104–88,
§ 308(j). See 1995 Amendment note below.
1995—Subsec. (d). Pub. L. 104–88, § 308(j), as amended
by Pub. L. 104–287, substituted ‘‘subchapter I of chapter
135’’ for ‘‘subchapter II of chapter 105’’.
1994—Subsec. (h). Pub. L. 103–429 substituted ‘‘any judicial district’’ for ‘‘the judicial district’’.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 6(f)(3) of Pub. L. 104–287 provided that the
amendment made by that section is effective Dec. 29,
1995.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–88 effective Jan. 1, 1996,
see section 2 of Pub. L. 104–88, set out as an Effective
Date note under section 701 of this title.
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.

§ 30167. Disclosure of information by the Secretary of Transportation
(a) CONFIDENTIALITY OF INFORMATION.—Information obtained under this chapter related to a
confidential matter referred to in section 1905 of
title 18 may be disclosed only in the following
ways:
(1) to other officers and employees carrying
out this chapter.
(2) when relevant to a proceeding under this
chapter.
(3) to the public if the confidentiality of the
information is preserved.
(4) to the public when the Secretary of
Transportation decides that disclosure is necessary to carry out section 30101 of this title.
(b) DEFECT
TION.—Subject

AND NONCOMPLIANCE INFORMAto subsection (a) of this section,