§ 30122. Making safety devices and elements inoperative

(a)Definition.— In this section, “motor vehicle repair business” means a person holding itself out to the public to repair for compensation a motor vehicle or motor vehicle equipment.

(b)Prohibition.— A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the manufacturer, distributor, dealer, or repair business reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative.

(c)Regulations.— The Secretary of Transportation may prescribe regulations—

(1) to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety and section 30101 of this title; and

(2) to define “make inoperative”.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 956; Pub. L. 112–141, div. C, title I, § 31202(a)(1), July 6, 2012, 126 Stat. 757.)

Historical And Revision

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30122(a)	15:1397(a)(2)(A) (last sentence).	Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 108(a)(2)(A)– (C); added Oct. 27, 1974, Pub. L. 93–492, § 103(a) (1)(A), 88 Stat. 1477.
30122(b)	15:1397(a)(2)(A) (1st sentence).
30122(c)	15:1397(a)(2)(B).
30122(d)	15:1397(a)(2)(C).

In subsections (a) and (c), the words “the term” are omitted as surplus.

In subsection (a), the words “in the business of” are omitted as surplus.

In subsection (b), the words “an applicable motor vehicle safety standard prescribed under this chapter” are substituted for “an applicable Federal motor vehicle safety standard” for consistency. The words “of design” the 2d time they appear and “rendered” are omitted as surplus.

In subsection (c)(1), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise.

In subsection (d), the words “with respect . . . the rendering inoperative of” are omitted as surplus.

Amendments

Amendments

2012—Subsec. (d). Pub. L. 112–141 struck out subsec. (d). Text read as follows: “This section does not apply to a safety belt interlock or buzzer designed to indicate a safety belt is not in use as described in section 30124 of this title.”

Effective Date Of Amendment

Effective Date of 2012 Amendment

Amendment 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.