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- Sec. 30146. Release of
motor vehicles and bonds
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- COMPLIANCE CERTIFICATION
AND BOND
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- Except as provided in
subsections (c) and (d) of this section,
an importer registered under section
30141(c) of this title may license or
register an imported motor vehicle for
use on public streets, roads, or
highways, or release custody of a motor
vehicle imported by the registered
importer or imported by an individual
under section 30142 of this title and
altered by the registered importer to
meet applicable motor vehicle safety
standards prescribed under this chapter
to a person for license or registration
for use on public streets, roads, or
highways, only after 30 days after the
registered importer certifies to the
Secretary of Transportation, in the way
the Secretary prescribes, that the motor
vehicle complies with each standard
prescribed in the year the vehicle was
manufactured and that applies in that
year to that vehicle. A vehicle may not
be released if the Secretary gives
written notice before the end of the 30-day
period that the Secretary will inspect
the vehicle under subsection (c) of this
section.
- The Secretaries of
Transportation and the Treasury shall
prescribe regulations
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- ensuring the
release of a motor vehicle and
bond required under section 30141(d)
of this title at the end of the
30-day period, unless the
Secretary of Transportation
issues a notice of an inspection
under subsection (c) of this
section; and
- providing that
the Secretary of Transportation
shall release the vehicle and
bond promptly after an inspection
under subsection (c) of this
section showing compliance with
the standards applicable to the
vehicle.
- Each registered
importer shall include on each motor
vehicle released under this subsection a
label prescribed by the Secretary of
Transportation identifying the importer
and stating that the vehicle has been
altered by the importer to comply with
the standards applicable to the vehicle.
- RELIANCE ON MANUFACTURER'S
CERTIFICATION In making a certification under
subsection (a)(l) of this section, the registered
importer may rely on the manufacturer's
certification for the model to which the motor
vehicle involved is substantially similar if the
importer certifies that any alteration made by
the importer did not affect the compliance of the
safety features of the vehicle and the importer
keeps records verifying the certification for the
period the Secretary of Transportation prescribes.
- EVIDENCE OF COMPLIANCE
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- The Secretary of
Transportation may require that the
certification under subsection (a)(l) of
this section be accompanied by evidence
of compliance the Secretary considers
appropriate or may inspect the certified
motor vehicle, or both. If the Secretary
gives notice of an inspection, an
importer may release the vehicle only
after
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- an inspection
showing the motor vehicle
complies with applicable motor
vehicle safety standards
prescribed under this chapter for
which the inspection was made;
and
- release of the
vehicle by the Secretary.
- The Secretary of
Transportation shall inspect periodically
a representative number of motor vehicles
for which certifications have been filed
under subsection (a)(l) of this section.
In carrying out a motor vehicle testing
program under this chapter, the Secretary
shall include a representative number of
motor vehicles for which certifications
have been filed under subsection (a)(1).
- CHALLENGING THE
CERTIFICATION A motor vehicle or bond may not
be released under subsection (a) of this section
if the Secretary of Transportation, not later
than 30 days after receiving a certification
under subsection (a)(1) of this section, gives
written notice that the Secretary believes or has
reason to believe that the certification is false
or contains a misrepresentation. The vehicle and
bond may be released only after the Secretary is
satisfied with the certification and any
modification of the certification.
- BOND RELEASE A release
of a bond required under section 30141(d) of this
title is deemed an acceptance of a certification
or completion of an inspection under this section
but is not a decision by the Secretary of
Transportation under section 30118(a) or (b) of
this title of compliance with applicable motor
vehicle safety standards prescribed under this
chapter.
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