49 U.s.c. 30111

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activity specifically designed to urge a State or
local legislator to favor or oppose the adoption
of any specific legislative proposal pending before any State or local legislative body.
(b) APPEARANCE AS WITNESS NOT BARRED.—
Subsection (a) does not prohibit officers or employees of the United States from testifying before any State or local legislative body in response to the invitation of any member of that
legislative body or a State executive office.
(Added and amended Pub. L. 105–178, title VII,
§ 7104(a), (c), June 9, 1998, 112 Stat. 466; Pub. L.
105–206, title IX, § 9012(a), July 22, 1998, 112 Stat.
864.)
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–178, § 7104(c), as added by
Pub. L. 105–206, inserted ‘‘for the National Highway
Traffic Safety Administration’’ after ‘‘Secretary’’.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105–206 effective simultaneously
with enactment of Pub. L. 105–178 and to be treated as
included in Pub. L. 105–178 at time of enactment, and
provisions of Pub. L. 105–178, as in effect on day before
July 22, 1998, that are amended by title IX of Pub. L.
105–206 to be treated as not enacted, see section 9016 of
Pub. L. 105–206, set out as a note under section 101 of
Title 23, Highways.

§ 30106. Rented or leased motor vehicle safety
and responsibility
(a) IN GENERAL.—An owner of a motor vehicle
that rents or leases the vehicle to a person (or
an affiliate of the owner) shall not be liable
under the law of any State or political subdivision thereof, by reason of being the owner of the
vehicle (or an affiliate of the owner), for harm to
persons or property that results or arises out of
the use, operation, or possession of the vehicle
during the period of the rental or lease, if—
(1) the owner (or an affiliate of the owner) is
engaged in the trade or business of renting or
leasing motor vehicles; and
(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate
of the owner).
(b) FINANCIAL RESPONSIBILITY LAWS.—Nothing
in this section supersedes the law of any State
or political subdivision thereof—
(1) imposing financial responsibility or insurance standards on the owner of a motor vehicle for the privilege of registering and operating a motor vehicle; or
(2) imposing liability on business entities engaged in the trade or business of renting or
leasing motor vehicles for failure to meet the
financial responsibility or liability insurance
requirements under State law.
(c) APPLICABILITY AND EFFECTIVE DATE.—Notwithstanding any other provision of law, this
section shall apply with respect to any action
commenced on or after the date of enactment of
this section without regard to whether the harm
that is the subject of the action, or the conduct
that caused the harm, occurred before such date
of enactment.
(d) DEFINITIONS.—In this section, the following
definitions apply:
(1) AFFILIATE.—The term ‘‘affiliate’’ means a
person other than the owner that directly or

indirectly controls, is controlled by, or is
under common control with the owner. In the
preceding sentence, the term ‘‘control’’ means
the power to direct the management and policies of a person whether through ownership of
voting securities or otherwise.
(2) OWNER.—The term ‘‘owner’’ means a person who is—
(A) a record or beneficial owner, holder of
title, lessor, or lessee of a motor vehicle;
(B) entitled to the use and possession of a
motor vehicle subject to a security interest
in another person; or
(C) a lessor, lessee, or a bailee of a motor
vehicle, in the trade or business of renting or
leasing motor vehicles, having the use or
possession thereof, under a lease, bailment,
or otherwise.
(3) PERSON.—The term ‘‘person’’ means any
individual, corporation, company, limited liability company, trust, association, firm,
partnership, society, joint stock company, or
any other entity.
(Added Pub. L. 109–59, title X, § 10208(a), Aug. 10,
2005, 119 Stat. 1935.)
REFERENCES IN TEXT
The date of enactment of this section, referred to in
subsec. (c), is the date of enactment of Pub. L. 109–59,
which was approved Aug. 10, 2005.

SUBCHAPTER II—STANDARDS AND
COMPLIANCE
§ 30111. Standards
(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall prescribe motor vehicle
safety standards. Each standard shall be practicable, meet the need for motor vehicle safety,
and be stated in objective terms.
(b) CONSIDERATIONS AND CONSULTATION.—When
prescribing a motor vehicle safety standard
under this chapter, the Secretary shall—
(1) consider relevant available motor vehicle
safety information;
(2) consult with the agency established
under the Act of August 20, 1958 (Public Law
85–684, 72 Stat. 635), and other appropriate
State or interstate authorities (including legislative committees);
(3) consider whether a proposed standard is
reasonable, practicable, and appropriate for
the particular type of motor vehicle or motor
vehicle equipment for which it is prescribed;
and
(4) consider the extent to which the standard
will carry out section 30101 of this title.
(c) COOPERATION.—The Secretary may advise,
assist, and cooperate with departments, agencies, and instrumentalities of the United States
Government, States, and other public and private agencies in developing motor vehicle safety
standards.
(d) EFFECTIVE DATES OF STANDARDS.—The Secretary shall specify the effective date of a motor
vehicle safety standard prescribed under this
chapter in the order prescribing the standard. A
standard may not become effective before the
180th day after the standard is prescribed or
later than one year after it is prescribed. How-

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ever, the Secretary may prescribe a different effective date after finding, for good cause shown,
that a different effective date is in the public interest and publishing the reasons for the finding.
(e) 5-YEAR PLAN FOR TESTING STANDARDS.—
The Secretary shall establish and periodically
review and update on a continuing basis a 5-year
plan for testing motor vehicle safety standards
prescribed under this chapter that the Secretary
considers capable of being tested. In developing
the plan and establishing testing priorities, the
Secretary shall consider factors the Secretary
considers appropriate, consistent with section
30101 of this title and the Secretary’s other duties and powers under this chapter. The Secretary may change at any time those priorities
to address matters the Secretary considers of
greater priority. The initial plan may be the 5year plan for compliance testing in effect on December 18, 1991.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 944.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

30111(a) ......

15:1392(a), (b), (e)
(1st sentence).

30111(b) ......

15:1391(13).
15:1392(f).
15:1396 (related to
standards).
15:1392(c), (e) (last
sentence).
15:1392(j).

30111(c) ......
30111(d) ......
30111(e) ......

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§§ 102(13), 103(a)–(c), (e), (f),
107 (related to standards),
80 Stat. 719, 721.

Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 103(j); added
Dec. 18, 1991, Pub. L.
102–240, § 2505, 105 Stat.
2084.

In subsection (a), the words ‘‘shall prescribe’’ are substituted for ‘‘shall establish by order’’ in 15:1392(a) and
‘‘may by order’’ in 15:1392(e) (1st sentence) for consistency. The words ‘‘amend or revoke’’ in 15:1392(e) (1st
sentence) and 1397(b)(1) (last sentence) are omitted because they are included in ‘‘prescribe’’. The words ‘‘appropriate Federal’’ in 15:1392(a) and ‘‘Federal’’ in
15:1392(e) (1st sentence) are omitted as surplus. The
words ‘‘established under this section’’ are omitted because of the restatement. The text of 15:1392(b) is omitted as surplus because 5:chs. 5, subch. II, and 7 apply
unless otherwise stated.
In subsection (b)(1), the words ‘‘including the results
of research, development, testing and evaluation activities conducted pursuant to this chapter’’ are omitted as surplus.
In subsection (b)(2), the words ‘‘agency established
under the Act of August 20, 1958 (Public Law 85–684, 72
Stat. 635)’’ are substituted for 15:1391(13) and ‘‘the Vehicle Equipment Safety Commission’’ in 15:1392(f) because
of the restatement. The citation in parenthesis is included only for information purposes.
In subsection (b)(4), the words ‘‘contribute to’’ are
omitted as surplus.
In subsection (c), the words ‘‘departments, agencies,
and instrumentalities of the United States 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. The words ‘‘planning
and’’ are omitted as surplus.
In subsection (d), the words ‘‘The Secretary’’ are
added for clarity. The words ‘‘effective date’’ are substituted for ‘‘the date . . . is to take effect’’ to eliminate unnecessary words. The words ‘‘under this chapter’’ are added for clarity. The words ‘‘However, the
Secretary may prescribe a different effective date’’ are

Page 564

substituted for ‘‘unless the Secretary’’ for clarity. The
word ‘‘different’’ is substituted for ‘‘earlier or later’’ to
eliminate unnecessary words.
In subsection (e), the words ‘‘duties and powers’’ are
substituted for ‘‘responsibilities’’, and the word
‘‘change’’ is substituted for ‘‘adjust’’, and for clarity
and consistency in the revised title.
REFERENCES IN TEXT
Act of August 20, 1958, referred to in subsec. (b)(2), is
set out as a note under former section 313 of Title 23,
Highways.
RULEMAKING ON VISIBILITY OF AGRICULTURAL
EQUIPMENT
Pub. L. 112–141, div. C, title I, § 31601, July 6, 2012, 126
Stat. 775, provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AGRICULTURAL EQUIPMENT.—The term ‘agricultural equipment’ has the meaning given the term ‘agricultural field equipment’ in ASABE Standard 390.4,
entitled ‘Definitions and Classifications of Agricultural Field Equipment’, which was published in January 2005 by the American Society of Agriculture and
Biological Engineers, or any successor standard.
‘‘(2) PUBLIC ROAD.—The term ‘public road’ has the
meaning given the term in section 101(a)(27) of title
23, United States Code.
‘‘(b) RULEMAKING.—
‘‘(1) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act [see section 3(a), (b) of
Pub. L. 112–141, set out as Effective and Termination
Dates of 2012 Amendment notes under section 101 of
Title 23, Highways], the Secretary of Transportation,
after consultation with representatives of the American Society of Agricultural and Biological Engineers
and appropriate Federal agencies, and with other appropriate persons, shall promulgate a rule to improve
the daytime and nighttime visibility of agricultural
equipment that may be operated on a public road.
‘‘(2) MINIMUM STANDARDS.—The rule promulgated
pursuant to this subsection shall—
‘‘(A) establish minimum lighting and marking
standards for applicable agricultural equipment
manufactured at least 1 year after the date on
which such rule is promulgated; and
‘‘(B) provide for the methods, materials, specifications, and equipment to be employed to comply
with such standards, which shall be equivalent to
ASABE Standard 279.14, entitled ‘Lighting and
Marking of Agricultural Equipment on Highways’,
which was published in July 2008 by the American
Society of Agricultural and Biological Engineers,
or any successor standard.
‘‘(c) REVIEW.—Not less frequently than once every 5
years, the Secretary of Transportation shall—
‘‘(1) review the standards established pursuant to
subsection (b); and
‘‘(2) revise such standards to reflect the revision of
ASABE Standard 279 that is in effect at the time of
such review.
‘‘(d) LIMITATIONS.—
‘‘(1) COMPLIANCE WITH SUCCESSOR STANDARDS.—Any
rule promulgated pursuant to this section may not
prohibit the operation on public roads of agricultural
equipment that is equipped in accordance with any
adopted revision of ASABE Standard 279 that is later
than the revision of such standard that was referenced during the promulgation of the rule.
‘‘(2) NO RETROFITTING REQUIRED.—Any rule promulgated pursuant to this section may not require the
retrofitting of agricultural equipment that was manufactured before the date on which the lighting and
marking standards are enforceable under subsection
(b)(2)(A).
‘‘(3) NO EFFECT ON ADDITIONAL MATERIALS AND EQUIPMENT.—Any rule promulgated pursuant to this section may not prohibit the operation on public roads
of agricultural equipment that is equipped with ma-

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terials or equipment that are in addition to the minimum materials and equipment specified in the standard upon which such rule is based.’’
UNATTENDED PASSENGER REMINDERS
Pub. L. 112–141, div. C, title I, § 31504, July 6, 2012, 126
Stat. 775, provided that:
‘‘(a) SAFETY RESEARCH INITIATIVE.—The Secretary [of
Transportation] may initiate research into effective
ways to minimize the risk of hyperthermia or hypothermia to children or other unattended passengers in
rear seating positions.
‘‘(b) RESEARCH AREAS.—In carrying out subsection
(a), the Secretary may conduct research into the potential viability of—
‘‘(1) vehicle technology to provide an alert that a
child or unattended passenger remains in a rear seating position after the vehicle motor is disengaged; or
‘‘(2) public awareness campaigns to educate drivers
on the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is disengaged; or
‘‘(3) other ways to mitigate risk.
‘‘(c) COORDINATION WITH OTHER AGENCIES.—The Secretary may collaborate with other Federal agencies in
conducting the research under this section.’’
PEDESTRIAN SAFETY ENHANCEMENT
Pub. L. 111–373, Jan. 4, 2011, 124 Stat. 4086, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Pedestrian Safety Enhancement Act of 2010’.
‘‘SEC. 2. DEFINITIONS.
‘‘As used in this Act—
‘‘(1) the term ‘Secretary’ means the Secretary of
Transportation;
‘‘(2) the term ‘alert sound’ (herein referred to as the
‘sound’) means a vehicle-emitted sound to enable pedestrians to discern vehicle presence, direction, location, and operation;
‘‘(3) the term ‘cross-over speed’ means the speed at
which tire noise, wind resistance, or other factors
eliminate the need for a separate alert sound as determined by the Secretary;
‘‘(4) the term ‘motor vehicle’ has the meaning given
such term in section 30102(a)(6) of title 49, United
States Code, except that such term shall not include
a trailer (as such term is defined in section 571.3 of
title 49, Code of Federal Regulations);
‘‘(5) the term ‘conventional motor vehicle’ means a
motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole
means of propulsion;
‘‘(6) the term ‘manufacturer’ has the meaning given
such term in section 30102(a)(5) of title 49, United
States Code;
‘‘(7) the term ‘dealer’ has the meaning given such
term in section 30102(a)(1) of title 49, United States
Code;
‘‘(8) the term ‘defect’ has the meaning given such
term in section 30102(a)(2) of title 49, United States
Code;
‘‘(9) the term ‘hybrid vehicle’ means a motor vehicle which has more than one means of propulsion; and
‘‘(10) the term ‘electric vehicle’ means a motor vehicle with an electric motor as its sole means of propulsion.
‘‘SEC. 3. MINIMUM SOUND REQUIREMENT FOR
MOTOR VEHICLES.
‘‘(a) RULEMAKING REQUIRED.—Not later than 18
months after the date of enactment of this Act [Jan. 4,
2011] the Secretary shall initiate rulemaking, under
section 30111 of title 49, United States Code, to promulgate a motor vehicle safety standard—
‘‘(1) establishing performance requirements for an
alert sound that allows blind and other pedestrians to

§ 30111

reasonably detect a nearby electric or hybrid vehicle
operating below the cross-over speed, if any; and
‘‘(2) requiring new electric or hybrid vehicles to
provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection.
‘‘The motor vehicle safety standard established under
this subsection shall not require either driver or pedestrian activation of the alert sound and shall allow the
pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios including,
but not limited to, constant speed, accelerating, or decelerating. The Secretary shall allow manufacturers to
provide each vehicle with one or more sounds that comply with the motor vehicle safety standard at the time
of manufacture. Further, the Secretary shall require
manufacturers to provide, within reasonable manufacturing tolerances, the same sound or set of sounds for
all vehicles of the same make and model and shall prohibit manufacturers from providing any mechanism for
anyone other than the manufacturer or the dealer to
disable, alter, replace, or modify the sound or set of
sounds, except that the manufacturer or dealer may
alter, replace, or modify the sound or set of sounds in
order to remedy a defect or non-compliance with the
motor vehicle safety standard. The Secretary shall promulgate the required motor vehicle safety standard
pursuant to this subsection not later than 36 months
after the date of enactment of this Act.
‘‘(b) CONSIDERATION.—When conducting the required
rulemaking, the Secretary shall—
‘‘(1) determine the minimum level of sound emitted
from a motor vehicle that is necessary to provide
blind and other pedestrians with the information
needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over
speed, if any;
‘‘(2) determine the performance requirements for an
alert sound that is recognizable to a pedestrian as a
motor vehicle in operation; and
‘‘(3) consider the overall community noise impact.
‘‘(c) PHASE-IN REQUIRED.—The motor vehicle safety
standard prescribed pursuant to subsection (a) of this
section shall establish a phase-in period for compliance, as determined by the Secretary, and shall require
full compliance with the required motor vehicle safety
standard for motor vehicles manufactured on or after
September 1st of the calendar year that begins 3 years
after the date on which the final rule is issued.
‘‘(d) REQUIRED CONSULTATION.—When conducting the
required study and rulemaking, the Secretary shall—
‘‘(1) consult with the Environmental Protection
Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements
overseen by the Agency;
‘‘(2) consult consumer groups representing individuals who are blind;
‘‘(3) consult with automobile manufacturers and
professional organizations representing them;
‘‘(4) consult technical standardization organizations responsible for measurement methods such as
the Society of Automotive Engineers, the International Organization for Standardization, and the
United Nations Economic Commission for Europe,
World Forum for Harmonization of Vehicle Regulations.
‘‘(e) REQUIRED STUDY AND REPORT TO CONGRESS.—Not
later than 48 months after the date of enactment of
this Act, the Secretary shall complete a study and report to Congress as to whether there exists a safety
need to apply the motor vehicle safety standard required by subsection (a) to conventional motor vehicles. In the event that the Secretary determines there
exists a safety need, the Secretary shall initiate rulemaking under section 30111 of title 49, United States
Code, to extend the standard to conventional motor vehicles.
‘‘SEC. 4. FUNDING.
‘‘Notwithstanding any other provision of law,
$2,000,000 of any amounts made available to the Sec-

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retary of Transportation under under [sic] section 406
of title 23, United States Code, shall be made available
to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act.’’
CHILD SAFETY STANDARDS FOR MOTOR VEHICLES
Pub. L. 110–189, Feb. 28, 2008, 122 Stat. 639, provided
that:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Cameron Gulbransen
Kids Transportation Safety Act of 2007’ or the ‘K.T.
Safety Act of 2007’.
‘‘SEC. 2. RULEMAKING REGARDING CHILD SAFETY.
‘‘(a) POWER WINDOW SAFETY.—
‘‘(1) CONSIDERATION OF RULE.—Not later than 18
months after the date of the enactment of this Act
[Feb. 28, 2008], the Secretary of Transportation (referred to in this Act as the ‘Secretary’) shall initiate
a rulemaking to consider prescribing or amending
Federal motor vehicle safety standards to require
power windows and panels on motor vehicles to automatically reverse direction when such power windows
and panels detect an obstruction to prevent children
and others from being trapped, injured, or killed.
‘‘(2) DEADLINE FOR DECISION.—If the Secretary determines such safety standards are reasonable, practicable, and appropriate, the Secretary shall prescribe, under section 30111 of title 49, United States
Code, the safety standards described in paragraph (1)
not later than 30 months after the date of enactment
of this Act. If the Secretary determines that no additional safety standards are reasonable, practicable,
and appropriate, the Secretary shall—
‘‘(A) not later than 30 months after the date of enactment of this Act, transmit a report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing the reasons such standards were not prescribed;
and
‘‘(B) publish and otherwise make available to the
public through the Internet and other means (such
as the ‘Buying a Safer Car’ brochure) information
regarding which vehicles are or are not equipped
with power windows and panels that automatically
reverse direction when an obstruction is detected.
‘‘(b) REARWARD VISIBILITY.—Not later than 12 months
after the date of the enactment of this Act [Feb. 28,
2008], the Secretary shall initiate a rulemaking to revise Federal Motor Vehicle Safety Standard 111
(FMVSS 111) to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents
involving small children and disabled persons. The Secretary may prescribe different requirements for different types of motor vehicles to expand the required
field of view to enable the driver of a motor vehicle to
detect areas behind the motor vehicle to reduce death
and injury resulting from backing incidents, particularly incidents involving small children and disabled
persons. Such standard may be met by the provision of
additional mirrors, sensors, cameras, or other technology to expand the driver’s field of view. The Secretary shall prescribe final standards pursuant to this
subsection not later than 36 months after the date of
enactment of this Act.
‘‘(c) PHASE-IN PERIOD.—
‘‘(1) PHASE-IN PERIOD REQUIRED.—The safety standards prescribed pursuant to subsections (a) and (b)
shall establish a phase-in period for compliance, as
determined by the Secretary, and require full compliance with the safety standards not later than 48
months after the date on which the final rule is issued.
‘‘(2) PHASE-IN PRIORITIES.—In establishing the
phase-in period of the rearward visibility safety

Page 566

standards required under subsection (b), the Secretary shall consider whether to require the phase-in
according to different types of motor vehicles based
on data demonstrating the frequency by which various types of motor vehicles have been involved in
backing incidents resulting in injury or death. If the
Secretary determines that any type of motor vehicle
should be given priority, the Secretary shall issue
regulations that specify—
‘‘(A) which type or types of motor vehicles shall
be phased-in first; and
‘‘(B) the percentages by which such motor vehicles shall be phased-in.
‘‘(d) PREVENTING MOTOR VEHICLES FROM ROLLING
AWAY.—
‘‘(1) REQUIREMENT.—Each motor vehicle with an
automatic transmission that includes a ‘park’ position manufactured for sale after September 1, 2010,
shall be equipped with a system that requires the
service brake to be depressed before the transmission
can be shifted out of ‘park’. This system shall function in any starting system key position in which the
transmission can be shifted out of ‘park’.
‘‘(2) TREATMENT AS MOTOR VEHICLE SAFETY STANDARD.—A violation of paragraph (1) shall be treated as
a violation of a motor vehicle safety standard prescribed under section 30111 of title 49, United States
Code, and shall be subject to enforcement by the Secretary under chapter 301 of such title.
‘‘(3) PUBLICATION OF NONCOMPLIANT VEHICLES.—
‘‘(A) INFORMATION SUBMISSION.—Not later than 60
days after the date of the enactment of this Act
[Feb. 28, 2008], for the current model year and annually thereafter through 2010, each motor vehicle
manufacturer shall transmit to the Secretary the
make and model of motor vehicles with automatic
transmissions that include a ‘park’ position that do
not comply with the requirements of paragraph (1).
‘‘(B) PUBLICATION.—Not later than 30 days after
receiving the information submitted under subparagraph (A), the Secretary shall publish and otherwise make available to the public through the
Internet and other means the make and model of
the applicable motor vehicles that do not comply
with the requirements of paragraph (1). Any motor
vehicle not included in the publication under this
subparagraph shall be presumed to comply with
such requirements.
‘‘(e) DEFINITION OF MOTOR VEHICLE.—As used in this
Act and for purposes of the motor vehicle safety standards described in subsections (a) and (b), the term
‘motor vehicle’ has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except
that such term shall not include—
‘‘(1) a motorcycle or trailer (as such terms are defined in section 571.3 of title 49, Code of Federal Regulations); or
‘‘(2) any motor vehicle that is rated at more than
10,000 pounds gross vehicular weight.
‘‘(f) DATABASE ON INJURIES AND DEATHS IN NONTRAFFIC, NONCRASH EVENTS.—
‘‘(1) IN GENERAL.—Not later than 12 months after
the date of the enactment of this Act [Feb. 28, 2008],
the Secretary shall establish and maintain a database
of injuries and deaths in nontraffic, noncrash events
involving motor vehicles.
‘‘(2) CONTENTS.—The database established pursuant
to paragraph (1) shall include information regarding—
‘‘(A) the number, types, and causes of injuries and
deaths resulting from the events described in paragraph (1);
‘‘(B) the make, model, and model year of motor
vehicles involved in such events, when practicable;
and
‘‘(C) other variables that the Secretary determines will enhance the value of the database.
‘‘(3) AVAILABILITY.—The Secretary shall make the
information contained in the database established
pursuant to paragraph (1) available to the public
through the Internet and other means.

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‘‘SEC. 3. CHILD SAFETY INFORMATION PROGRAM.
‘‘(a) IN GENERAL.—Not later than 9 months after the
date of the enactment of this Act [Feb. 28, 2008], the
Secretary shall provide information about hazards to
children in nontraffic, noncrash incident situations
by—
‘‘(1) supplementing an existing consumer information program relating to child safety; or
‘‘(2) creating a new consumer information program
relating to child safety.
‘‘(b) PROGRAM REQUIREMENTS.—In carrying out the
program under subsection (a), the Secretary shall—
‘‘(1) utilize information collected pursuant to section 2(f) regarding nontraffic, noncrash injuries, and
other relevant data the Secretary considers appropriate, to establish priorities for the program;
‘‘(2) address ways in which parents and caregivers
can reduce risks to small children arising from back
over incidents, hyperthermia in closed motor vehicles, accidental actuation of power windows, and any
other risks the Secretary determines should be addressed; and
‘‘(3) make information related to the program
available to the public through the Internet and
other means.
‘‘SEC. 4. DEADLINES.
‘‘If the Secretary determines that the deadlines applicable under this Act cannot be met, the Secretary
shall—
‘‘(1) establish new deadlines; and
‘‘(2) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of
the Senate of the new deadlines and describing the
reasons the deadlines specified under this Act could
not be met.’’
IMPROVING CRITERIA USED IN A RECALL
Pub. L. 106–414, § 15, Nov. 1, 2000, 114 Stat. 1808, provided that:
‘‘(a) REVIEW OF STANDARDS AND CRITERIA USED IN
OPENING A DEFECT OR NONCOMPLIANCE INVESTIGATION.—
The Secretary shall, not later than 30 days after the
date of the enactment of this Act [Nov. 1, 2000], undertake a comprehensive review of all standards, criteria,
procedures, and methods, including data management
and analysis used by the National Highway Traffic
Safety Administration in determining whether to open
a defect or noncompliance investigation pursuant to
subchapter II or IV of chapter 301 of title 49, United
States Code, and shall undertake such steps as may be
necessary to update and improve such standards, criteria, procedures, or methods, including data management and analysis.
‘‘(b) REPORT TO CONGRESS.—Not later than 1 year
after the date of the enactment of this Act [Nov. 1,
2000], the Secretary shall transmit to the Committee on
Commerce [now Committee on Energy and Commerce]
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
a report describing the Secretary’s findings and actions
under subsection (a).’’

§ 30112. Prohibitions on manufacturing, selling,
and importing noncomplying motor vehicles
and equipment
(a) GENERAL.—(1) Except as provided in this
section, sections 30113 and 30114 of this title, and
subchapter III of this chapter, a person may not
manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate
commerce, or import into the United States,
any motor vehicle or motor vehicle equipment
manufactured on or after the date an applicable
motor vehicle safety standard prescribed under
this chapter takes effect unless the vehicle or
equipment complies with the standard and is

§ 30112

covered by a certification issued under section
30115 of this title.
(2) Except as provided in this section, sections
30113 and 30114 of this title, and subchapter III of
this chapter, a school or school system may not
purchase or lease a new 15-passenger van if it
will be used significantly by, or on behalf of, the
school
or
school
system
to
transport
preprimary, primary, or secondary school students to or from school or an event related to
school, unless the 15-passenger van complies
with the motor vehicle standards prescribed for
school buses and multifunction school activity
buses under this title. This paragraph does not
apply to the purchase or lease of a 15-passenger
van under a contract executed before the date of
enactment of this paragraph.
(3) Except as provided in this section, section
30114, subsections (i) and (j) of section 30120, and
subchapter III, a person may not sell, offer for
sale, introduce or deliver for introduction in
interstate commerce, or import into the United
States any motor vehicle or motor vehicle
equipment if the vehicle or equipment contains
a defect related to motor vehicle safety about
which notice was given under section 30118(c) or
an order was issued under section 30118(b). Nothing in this paragraph may be construed to prohibit the importation of a new motor vehicle
that receives a required recall remedy before
being sold to a consumer in the United States.
(b) NONAPPLICATION.—This section does not
apply to—
(1) the sale, offer for sale, or introduction or
delivery for introduction in interstate commerce of a motor vehicle or motor vehicle
equipment after the first purchase of the vehicle or equipment in good faith other than for
resale;
(2) a person—
(A) establishing that the person had no
reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment does not comply with applicable motor vehicle safety standards prescribed under this chapter;
(B) holding, without knowing about the
noncompliance and before the vehicle or
equipment is first purchased in good faith
other than for resale, a certificate issued by
a manufacturer or importer stating the vehicle or equipment complies with applicable
standards prescribed under this chapter; or
(C) having no reason to know, despite exercising reasonable care, that a motor vehicle
or motor vehicle equipment contains a defect related to motor vehicle safety about
which notice was given under section
30118(c) or an order was issued under section
30118(b);
(3) a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the
outside of any container of the vehicle or
equipment, and exported;
(4) a motor vehicle the Secretary of Transportation decides under section 30141 of this
title is capable of complying with applicable
standards prescribed under this chapter;
(5) a motor vehicle imported for personal use
by an individual who receives an exemption
under section 30142 of this title;