30 



Amendments 



1970 — Subsec. (a) Pub. L. 91-604 redesignated existing 

 provisions as par. (1) and, In par (1) as so redesignated, 

 substituted Administrator for Secretary as the issuing 

 authority for standards. Inserted references to the use- 

 ful life of engines, and substituted the emission of any 

 air pollutant for the emission of any kind of substance 

 as the subject to be regulated, and added par. (2). 



Subsec. (b). Pub. L. 91-604 added subsec. (b) . Former 

 subsec. (b) redesignated as par. (2) of subsec. (a). 



Subsecs. (c)-(e). Pub. L. 91-604 added subsecs. (c)-(e). 



1967 — Pub. L. 90-148 reenacted section without change. 



§1857f-2. Prohibited acts. 



(a) Manufacture, sale, or importation of vehicles or 

 engines not in conformity with ref^ulations; fail- 

 ure to make reports or provide information; re- 

 moval of devices installed in conformity with 

 regulations; prohibited sale or lease of vehicles 

 or engines. 



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 distri- 

 bution in commerce, the sale or the offering for 

 sale, or the introduction, or delivery for introduc- 

 tion, into commerce, or ( in the case of any person, 

 except as provided by regulation of the Adminis- 

 trator) , the importation into the United States of 

 any new motor vehicle or new motor vehicle en- 

 gine, 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 is- 

 sued (and in effect) imder regulations prescribed 

 under this part (except as provided in subsection 

 (b> of this section) ; 



(2) for any person to fail or refuse to permit ac- 

 cess to or copying of records or to fall to make 

 reports or provide Information, required under 

 section 1857f-6 of this title; 



(3) for any person to remove or render In- 

 operative 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 manufacturer or dealer 

 knowingly to remove or render inoperative any 

 such device or element of design after such sale 

 and delivery to the ultimate purchaser; or 



(4) for any manufacturer of a new motor ve- 

 hicle or new motor vehicle engine subject to 

 standards prescribed under section 1857f-l of 

 this title— 



(A) to sell or lease any such vehicle or en- 

 gine unless such manufacturer has complied 

 with the requirements of section 1857f-5a (a) 

 and (b) of this title with resp)ect to such vehicle 

 or engine, and unless a label or tag is afBxed to 

 such vehicle or engine in accordance with sec- 

 tion 1857f-5a(c) (3) of this title, or 



(B) to fail or refuse to comply with the re- 

 quirements of section 1857f-5a(c) or (e) of this 

 title. 



(b) Authority of Administrator to make 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 Admin- 

 istrator may, by joint regulation, provide for defer- 

 ring final determination as to admission and 

 authorizing the delivery of such a motor vehicle 

 or engine offered for import to the owner or con- 

 signee thereof upon such terms and condi- 

 tions (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 ve- 

 hicle or engine Is Anally refused admission under 

 this paragraph, cause disposition thereof In accord- 

 ance with the customs laws unless It is exported, un- 

 der regulations prescribed by such Secretary, within 

 ninety days of the date of notice of such refusal 

 or such additional time as may be permitted pur- 

 suant 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 

 falls 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 pro- 

 visions of subsection (a) of this section, except 

 that If the country of export has emission standards 

 which differ from the standards prescribed under 

 subsection (a) of this section, then such vehicle or 

 engine shall comply with the standards of such 

 country of export. 



(c) Exemptions; annual report of exemptions to 

 Congress. 



Upon application therefor, the Administrator may 

 exempt from subsection (a) (3) of this section any 

 vehicles (or class thereof) manufactured before the 

 1974 model year from subsection (a) (3) of this sec- 

 tion ' for the purpose of permitting modlflcations to 

 the emission control device or system of such vehicle 

 in order to use fuels other than those specified in 

 certification testing under section 1857f-5(a) (1) 

 of this title, if the Administrator, on the basis of in- 

 formation submitted by the applicant, finds that 

 such modification will not result in such vehicle 

 or engine not complying with standards under sec- 

 tion l857f-l of this title applicable to such vehicle 

 or engine. Any such exemption shall Identify (1) 

 the vehicle or vehicles so exempted, (2) the specific 

 nature of the modification, and (3) the person or 

 class of persons to whom the exemption shall apply. 



' So In original. 



