31 



(July 14, 1955, ch. 360, Utle 11, ! 203, as added Oct. 20, 

 1965. Pub. L. 89-272, title I. § 101(8), 79 Stat. 993, 

 and amended Nov. 21, 1967, Pub. L. 90-148, § 2, 81 

 SUt. 499; Dec. 31, 1970, Pub. L. 91-604, §|7(a), U 

 (a)<2)(A),' 15(c)(2), 84 Stat. 1693, 1705, 1713.) 

 Amendments 



1970 — Subsec. (a) (1) Pub. L. 91-«04, 5 7(a) (1), struck 

 out reference to the manufacture of new motor vehicles 

 or new motor vehicle engines for sale. Inserted provision 

 for Issuance by the Administrator of regulations regard- 

 ing exceptions In the case of Importation of new motor 

 vehicles or new motor vehicle engines, and substituted 

 "Importation" Into the United States of such units for 

 "Importation for sale or resale" Into the United States of 

 such units 



Subsec (a)(2). Pub. L. 91-604, 5 7(a)(2), substituted 

 "section 208" for "section 207". both of which, for pur- 

 poses of codification, are translated as "section 1857f-6 of 

 this title". 



Subsec. (a)(3). Pub L. 91-604, 157(a)(3), ll(a)(a) 

 (A), substituted "part" for "subchapter" and added pro- 

 visions prohibiting the knowing removal or Inoperatlon by 

 manufacturers or dealers of devices or elements of design 

 after sale and delivery to the ultimate purchaser. 



Subsec. (a) (4) . Pub. L. 91-604, 5 7(a) (4) , added subsec 

 (a)(4). 



Subsec. (b)(1). Pub. L. 91-604, 55 7(a)(5), 16(c)(2), 

 struck out reference to the exemption of » class of new 

 motor vehicles or new motor vehicle engines, struck out 

 the protection of the public health and welfare from the 

 enumeration of purposes for which exemptions may be 

 made, and substituted "Administrator" for "Secretary", 



Subsec. (t))(2) Pub L 91-804, SS7(a)(8), ll(a)fa) 

 (A) . 15(c) (2) . substituted "Administrator" for "Secretary 

 of Health. Education, and Welfare". "Importation or Im- 

 ported by any person" for "Importation by a manu- 

 facturer", and "part" for "subchapter". 



Subsec. (b)(3). Pub. L. 91-604, 5 7(a)(7)(A), added 

 provision that, If the country of export has emission 

 standards which differ from the standards prescribed 

 under subsec. (a), such vehicle or engine must comply 

 with the standards of such country of export. 



Subsec. (c) . Pub. L. 91-604, 5 7(a) (7) (B) , added subsec. 

 (c). 



1967 — Subsec. (a) . Pub. L. 90-148 substituted "conform- 

 ity with regulations prescribed under this subchapter" 

 for "conformity with regulations prescribed under section 

 1857f-l of this Utle" in par. ( 1 ) . 



§ 1857f-3. Jurisdiction of district court to restrain vio- 

 lations; actions brought by or in name of United 

 States; territorial scope of subpenas for witnesses. 



(a) The district courts of the United States shall 

 have jurisdiction to restrain violations of paragraph 

 (1), (2), (3), or (4) of section 1857f-2(a) of this tlUe. 



(b) Actions to restrain such violations shall be 

 brought by and in the name of the United States. 

 In any such action, subpenas for witnesses who are 

 required to attend a district court In any district 

 may run into any other district. (July 14, 1955. ch. 

 360, title n, 8 204, as added Oct. 20, 1965, Pub. L. 

 89-272, title I, § 101(8), 79 Stat. 994, and amended 

 Nov. 21, 1967, Pub. L. 90-148, 8 2, 81 Stat. 500; 

 Dec. 31, 1970, Pub. L. 91-604, 5 7(b) , 84 Stat. 1694.) 



Amendments 

 1970 — Subsec (a). Pub L 91-604 Inserted reference to 

 par (4) of section 1857f-2(a) of this title 



1987 — Pub L. 90-148 reenacted section without char\ge 



§ 1857f-4. Penalties for violations; separate offenses. 



Any person who violates paragraph ( 1 ) , (2), (3) or 

 (4) of section 1857f-2(a) of this title shall be sub- 

 ject to a civil penalty of not more than $10,000. Any 

 such violation with respect to paragraph (1), (2), 



or (4) of section 1857f-2(a) of this title shall con- 

 stitute a separate offense with respect to each motor 

 vehicle or motor vehicle engine. (July 14, 1955, ch. 

 360, title I, 8 205. as added Oct. 20, 1965. Pub. L. 

 89-272, tlUe I, 8 101(8), 79 Stat. 994, and amended 

 Nov. 21, 1967. Pub. L. 90-148, § 2, 81 SUt. 500; Dec. 31. 

 1970. Pub. L. 91-604, 5 7(c) , 84 Stat. 1694.) 

 Amendments 



1970 — Pub. L 91-604 Increased the upper limit of the 

 allowable fine from "$1,000" to "»10,000". 



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



§1857f-5. Motor vehicle and motor vehicle engine 

 compliance testing and certification. 



(a) Testing and issuance of certificate of conformity. 



( 1 ) The Administrator shall test, or require to be 

 tested in such manner as he deems appropriate, any 

 new motor vehicle or new motor vehicle engine sub- 

 mitted by a manufacturer to determine whether 

 such vehicle or engine conforms with the regulations 

 prescribed under section 1857f-l of this title. If 

 such vehicle or engine conforms to such regulations, 

 the Administrator shall issue a certificate of con- 

 formity upon such terms, and for such period (not 

 in excess of one year), as he may prescribe. 



(2) The Administrator shall test any emission 

 control system incorporated in a motor vehicle or 

 motor vehicle engine submitted to him by any person, 

 in order to determine whether such system enables 

 such vehicle or engine to conform to the standards 

 required to be prescribed under section 1857f-l(b) 

 of this title. If the Administrator finds on the basis 

 of such tests that such vehicle or engine conforms to 

 such standards, the Administrator shall issue a verifi- 

 cation of compliance with emission standards for 

 such system when incorporated in vehicles of a class 

 of which the tested vehicle is representative. He shall 

 inform manufacturers and the National Academy of 

 Sciences, and make available to the public, the results 

 of such tests. Tests under this paragraph shall be 

 conducted under such terms and conditions (includ- 

 ing requirements for preliminary testing by qualified 

 independent laboratories) as the Administrator may 

 prescribe by regulations. 



(b) Testing procedures; hearing; judicial review; ad- 

 ditional evidence, 



( 1 ) In order to determine whether new motor ve- 

 hicles or new motor vehicle engines being manu- 

 factured by a manufacturer do in fact conform with 

 the regulations with respect to which the certificate 

 of conformity was issued, the Administrator is au- 

 thorized to test such vehicles or engines. Such tests 

 may be conducted by the Administrator directly or. 

 in accordance with conditions specified by the Ad- 

 ministrator, by the manufacturer. 



(2) (A) (i) If, based on tests conducted under par- 

 agraph il) on a sample of new vehicles or engines 

 covered by a certificate of conformity, the Adminis- 

 trator determines that all or part of the vehicles or 

 engines so covered do not conform with the regula- 

 tions with respect to which the certificate of con- 

 formity was issued, he may suspend or revoke such 

 certificate in whole or in part, and shall so notify 

 the manufacturer. Such suspension or revocation 

 shall apply in the case of any new motor vehicles or 

 new motor vehicle engines manufactured after the 



