Section 30164 - Service of process; conditions on importation of vehicles and equipment(a) DESIGNATING AGENTS.-A manufacturer offering a motor vehicle or motor vehicle equipment for import shall designate an agent on whom service of notices and process in administrative and judicial proceedings may be made. The designation shall be in writing and filed with the Secretary of Transportation. The designation may be changed in the same way as originally made.(b) SERVICE.-An agent may be served at the agent's office or usual place of residence. Service on the agent is deemed to be service on the manufacturer. If a manufacturer does not designate an agent, service may be made by posting the notice or process in the office of the Secretary.(c) IDENTIFYING INFORMATION.-A manufacturer (including an importer) offering a motor vehicle or motor vehicle equipment for import shall provide, upon request, such information that is necessary to identify and track the products as the Secretary, by rule, may specify, including-(d) REGULATIONS ON THE IMPORT OF A MOTOR VEHICLE.-The Secretary may issue regulations that-(1) condition the import of a motor vehicle or motor vehicle equipment on the manufacturer's compliance with-(A) the requirements under this section;(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(e) EXCEPTION.-The requirements of subsections (c) and (d) shall not apply to original manufacturers (or wholly owned subsidiaries) of motor vehicles that, prior to the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012-(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) RULEMAKING.-In issuing regulations under this section, the Secretary shall seek to reduce duplicative requirements by coordinating with the Department of Homeland Security. 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.| HISTORICAL AND REVISION NOTE |
| 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.EDITORIAL NOTES
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).
STATUTORY NOTES AND RELATED SUBSIDIARIES
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.
- distributor
- "distributor" means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale.
- manufacturer
- "manufacturer" means a person-(A) manufacturing or assembling motor vehicles or motor vehicle equipment; or(B) importing motor vehicles or motor vehicle equipment for resale.
- motor vehicle equipment
- "motor vehicle equipment" means-(A) any system, part, or component of a motor vehicle as originally manufactured;(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that-(i) is not a system, part, or component of a motor vehicle; and(ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.
- motor vehicle safety
- "motor vehicle safety" means the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.
- motor vehicle
- "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.