Section 33108 - Monitoring compliance of manufacturers(a) RECORDS, REPORTS, INFORMATION, AND INSPECTION.-To enable the Secretary of Transportation to decide whether a manufacturer of motor vehicles containing a part subject to a standard prescribed under section 33102 or 33103 of this title, or a manufacturer of major replacement parts subject to the standard, is complying with this chapter and the standard, the Secretary may require the manufacturer to-(3) provide items and information; and(4) allow an officer or employee designated by the Secretary to inspect the vehicles and parts and relevant records of the manufacturer.(b) ENTRY AND INSPECTION.-To enforce this chapter, an officer or employee designated by the Secretary, on presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, may inspect a facility in which motor vehicles containing major parts subject to the standard, or major replacement parts subject to the standard, are manufactured, held for introduction into interstate commerce, or held for sale after introduction into interstate commerce. An inspection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness.(c) CERTIFICATION OF COMPLIANCE.-(1) A manufacturer of a motor vehicle subject to the standard, and a manufacturer of a major replacement part subject to the standard, shall provide at the time of delivery of the vehicle or part a certification that the vehicle or part conforms to the applicable motor vehicle theft prevention standard. The certification shall accompany the vehicle or part until its delivery to the first purchaser. The Secretary by regulation may prescribe the type and form of the certification.(2) This subsection does not apply to a motor vehicle or major replacement part that is-(A) intended only for export;(B) labeled only for export on the vehicle or replacement part and the outside of any container until exported; and(d) NOTIFICATION OF ERROR.-A manufacturer shall notify the Secretary if the manufacturer discovers that-(1) there is an error in the identification (required by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major replacement part manufactured by the manufacturer; and Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1083.| HISTORICAL AND REVISION NOTE |
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 33108(a) | 15:2026(a). | Oct. 20, 1972, Pub. L. 92-513, 86 Stat. 947, §606; added Oct. 25, 1984, Pub. L. 98-547, §101(a), 98 Stat . 2760. |
| 33108(b) | 15:2026(b). | |
| 33108(c) | 15:2026(c). | |
| 33108(d) | 15:2026(d). | |
In subsection (a), before clause (1), the words "is complying" are substituted for "has acted or is acting in compliance" and "determining whether such manufacturer has acted or is acting in compliance" to eliminate unnecessary words. The word "reasonably" is omitted as surplus. In clause (1), the word "keep" is substituted for "establish and maintain" for consistency in the revised title and to eliminate unnecessary words. In clause (4), the words "upon request", "duly", and "such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe" are omitted as surplus.In subsection (b), the words "duly" and "enter and" are omitted as surplus.In subsection (c)(2)(B), the words "or tagged" and "if any" are omitted as surplus.Subsection (d) is substituted for 15:2026(d) for clarity. - first purchaser
- "first purchaser" means the person making the first purchase other than for resale.
- major part
- "major part" means-(A) the engine;(B) the transmission;(C) each door to the passenger compartment;(D) the hood;(E) the grille;(F) each bumper;(G) each front fender;(H) the deck lid, tailgate, or hatchback;(I) each rear quarter panel;(J) the trunk floor pan;(K) the frame or, for a unitized body, the supporting structure serving as the frame; and(L) any other part of a passenger motor vehicle that the Secretary of Transportation by regulation specifies as comparable in design or function to any of the parts listed in subclauses (A)-(K) of this clause.
- major replacement part
- "major replacement part" means a major part that is-(A) an original major part in or on a completed motor vehicle and customized or modified after manufacture of the vehicle but before the time of its delivery to the first purchaser; or(B) not installed in or on a motor vehicle at the time of its delivery to the first purchaser and the equitable or legal title to the vehicle has not been transferred to a first purchaser.
- vehicle theft prevention standard
- "vehicle theft prevention standard" means a minimum performance standard for identifying major parts of new motor vehicles and major replacement parts by inscribing or affixing numbers or symbols on those parts.