42 U.S.C. § 7522 : US Code - Section 7522: Prohibited acts

Search 42 U.S.C. § 7522 : US Code - Section 7522: Prohibited acts

(a) Enumerated prohibitions
The following acts and the causing thereof are prohibited -
(1) in the case of a manufacturer of new motor vehicles or new
motor vehicle engines for distribution in commerce, the sale, or
the offering for sale, or the introduction, or delivery for
introduction, into commerce, or (in the case of any person,
except as provided by regulation of the Administrator), the
importation into the United States, of any new motor vehicle or
new motor vehicle engine, manufactured after the effective date
of regulations under this part which are applicable to such
vehicle or engine unless such vehicle or engine is covered by a
certificate of conformity issued (and in effect) under
regulations prescribed under this part or part C in the case of
clean-fuel vehicles (except as provided in subsection (b) of this
section);
(2)(A) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide
information required under section 7542 of this title;
(B) for any person to fail or refuse to permit entry, testing
or inspection authorized under section 7525(c) of this title or
section 7542 of this title;
(C) for any person to fail or refuse to perform tests, or have
tests performed as required under section 7542 of this title;
(D) for any manufacturer to fail to make information available
as provided by regulation under section 7521(m)(5) of this title;
(3)(A) for any person to remove or render inoperative any
device or element of design installed on or in a motor vehicle or
motor vehicle engine in compliance with regulations under this
subchapter prior to its sale and delivery to the ultimate
purchaser, or for any person knowingly to remove or render
inoperative any such device or element of design after such sale
and delivery to the ultimate purchaser; or
(B) for any person to manufacture or sell, or offer to sell, or
install, any part or component intended for use with, or as part
of, any motor vehicle or motor vehicle engine, where a principal
effect of the part or component is to bypass, defeat, or render
inoperative any device or element of design installed on or in a
motor vehicle or motor vehicle engine in compliance with
regulations under this subchapter, and where the person knows or
should know that such part or component is being offered for sale
or installed for such use or put to such use; or
(4) for any manufacturer of a new motor vehicle or new motor
vehicle engine subject to standards prescribed under section 7521
of this title or part C of this subchapter -
(A) to sell or lease any such vehicle or engine unless such
manufacturer has complied with (i) the requirements of section
7541(a) and (b) of this title with respect to such vehicle or
engine, and unless a label or tag is affixed to such vehicle or
engine in accordance with section 7541(c)(3) of this title, or
(ii) the corresponding requirements of part C of this
subchapter in the case of clean fuel vehicles unless the
manufacturer has complied with the corresponding requirements
of part C of this subchapter (!1)
(B) to fail or refuse to comply with the requirements of
section 7541(c) or (e) of this title, or the corresponding
requirements of part C of this subchapter in the case of clean
fuel vehicles (!1)
(C) except as provided in subsection (c)(3) of section 7541
of this title and the corresponding requirements of part C of
this subchapter in the case of clean fuel vehicles, to provide
directly or indirectly in any communication to the ultimate
purchaser or any subsequent purchaser that the coverage of any
warranty under this chapter is conditioned upon use of any
part, component, or system manufactured by such manufacturer or
any person acting for such manufacturer or under his control,
or conditioned upon service performed by any such person, or
(D) to fail or refuse to comply with the terms and conditions
of the warranty under section 7541(a) or (b) of this title or
the corresponding requirements of part C of this subchapter in
the case of clean fuel vehicles with respect to any vehicle; or
(5) for any person to violate section 7553 of this title, 7554
of this title, or part C of this subchapter or any regulations
under section 7553 of this title, 7554 of this title, or part C
of this subchapter.
No action with respect to any element of design referred to in
paragraph (3) (including any adjustment or alteration of such
element) shall be treated as a prohibited act under such paragraph
(3) if such action is in accordance with section 7549 of this
title. Nothing in paragraph (3) shall be construed to require the
use of manufacturer parts in maintaining or repairing any motor
vehicle or motor vehicle engine. For the purposes of the preceding
sentence, the term "manufacturer parts" means, with respect to a
motor vehicle engine, parts produced or sold by the manufacturer of
the motor vehicle or motor vehicle engine. No action with respect
to any device or element of design referred to in paragraph (3)
shall be treated as a prohibited act under that paragraph if (i)
the action is for the purpose of repair or replacement of the
device or element, or is a necessary and temporary procedure to
repair or replace any other item and the device or element is
replaced upon completion of the procedure, and (ii) such action
thereafter results in the proper functioning of the device or
element referred to in paragraph (3). No action with respect to any
device or element of design referred to in paragraph (3) shall be
treated as a prohibited act under that paragraph if the action is
for the purpose of a conversion of a motor vehicle for use of a
clean alternative fuel (as defined in this subchapter) and if such
vehicle complies with the applicable standard under section 7521 of
this title when operating on such fuel, and if in the case of a
clean alternative fuel vehicle (as defined by rule by the
Administrator), the device or element is replaced upon completion
of the conversion procedure and such action results in proper
functioning of the device or element when the motor vehicle
operates on conventional fuel.
(b) Exemptions; refusal to admit vehicle or engine into United
States; vehicles or engines intended for export
(1) The Administrator may exempt any new motor vehicle or new
motor vehicle engine, from subsection (a) of this section, upon
such terms and conditions as he may find necessary for the purpose
of research, investigations, studies, demonstrations, or training,
or for reasons of national security.
(2) A new motor vehicle or new motor vehicle engine offered for
importation or imported by any person in violation of subsection
(a) of this section shall be refused admission into the United
States, but the Secretary of the Treasury and the Administrator
may, by joint regulation, provide for deferring final determination
as to admission and authorizing the delivery of such a motor
vehicle or engine offered for import to the owner or consignee
thereof upon such terms and conditions (including the furnishing of
a bond) as may appear to them appropriate to insure that any such
motor vehicle or engine will be brought into conformity with the
standards, requirements, and limitations applicable to it under
this part. The Secretary of the Treasury shall, if a motor vehicle
or engine is finally refused admission under this paragraph, cause
disposition thereof in accordance with the customs laws unless it
is exported, under regulations prescribed by such Secretary, within
ninety days of the date of notice of such refusal or such
additional time as may be permitted pursuant to such regulations,
except that disposition in accordance with the customs laws may not
be made in such manner as may result, directly or indirectly, in
the sale, to the ultimate consumer, of a new motor vehicle or new
motor vehicle engine that fails to comply with applicable standards
of the Administrator under this part.
(3) A new motor vehicle or new motor vehicle engine intended
solely for export, and so labeled or tagged on the outside of the
container and on the vehicle or engine itself, shall be subject to
the provisions of subsection (a) of this section, except that if
the country which is to receive such vehicle or engine has emission
standards which differ from the standards prescribed under section
7521 of this title, then such vehicle or engine shall comply with
the standards of such country which is to receive such vehicle or
engine.