« 이전계속 »
(2) Such project shall require an additional inspection of any motor vehicle subject to the demonstration project (as determined by the Secretary)
(A) whenever the title to such motor vehicle is transferred to another person unless the transfer is for the purpose of resale; and
(B) whenever such motor vehicle sustains substantial damage to any safety-related or emission-related system or subsystem, as prescribed by the Secretary. (3) To the greatest extent practicable, such inspections shall be conducted so as to provide specific technical diagnoses of each motor vehicle inspected in order to facilitate correction of any component failing inspection.
(4) A demonstration project shall provide for reinspection of vehicles which initially fail to meet the safety and emission standards established for the project after repair.
(5) Each project shall provide to the Secretary information and data relating to the development of diagnostic testing equipment designed to maximize the interchangeability and interface capability of test equipment and vehicles, and information, and data relating to the costs and benefits of such projects, including information and data relating to vehicle-in-use standards, vehicle designs which facilitate or hinder inspection and repair, the standardization of diagnostic systems and test equipment, the capability of the motor vehicle repair industry to correct diagnosed deficiencies or malfunctions and the costs of such repairs, the relative costs and benefits of the project, the efficiency of facility designs employed, recommendations as to feasible reject levels which mav be employed, in any such project and such other information and data as the Secretary may require.
APPLICATIONS AND ASSISTANCE
15 U.S.C. 1963
Sec. 303. (a) A grant or other assistance under this part may be obtained upon an application by a State at such time, in such manner, and containing such information as the Secretary prescribes, including information respecting categories of expenditures by the State from financial assistance under this part.
(b) Upon the approval of any such application, the Secretary may make a grant to the State to pay each fiscal year an amount not in excess of 90 per centum of those categories of expenditures for establishing and operating its project which the Secretary approves. Federal finan. cial assistance under this part shall not be available with respect to costs of inspections carried out after June 30, 1976, under such a project. Any equipment purchased with Federal funds may be retained by a State for its inspection activities following the demonstration project with the approval of the Secretary. Payments under this
subsection may be made in advance, in installments, or by way of reimbursement.
PART B-SPECIAL DEMONSTRATION PROJECTS
AUTHORITY TO ESTABLISH
Sec. 311. The Secretary shall establish a special motor vehicle diagnostic inspection demonstration project to assist in the rapid development and evaluation of advanced inspection, analysis, and diagnostic equipment suitable for use by the States in standardized high volume inspection facilities and to evaluate the repair characteristics of motor vehicles. Such project shall be designed to facilitate evaluation of repair characteristics by small automotive repair garages.
PART C-AUTHORIZATION OF APPROPRIATIONS
15 U.S.C. 1964
SEC. 321. There is authorized to be appropriated to carry out this title $15,000,000 for the fiscal year ending June 30, 1973; $25,000,000 for the fiscal year ending June 30, 1974; and $35,000,000 for the fiscal year ending June 30, 1975. Not more than 20 percent of the amount appropriated under this section for any fiscal year may be granted for projects in any one State.
TITLE IV–ODOMETER REQUIREMENTS
FINDINGS AND PURPOSE
15 U.S.C. 1981
Sec. 401. The Congress hereby finds that purchasers, when buying motor vehicles, rely heavily on the odometer reading as an index of the condition and value of such vehicle; that purchasers are entitled to rely on the odometer reading as an accurate reflection of the mileage actually traveled by the vehicle; that an accurate indication of the mileage traveled by a motor vehicle assists the purchaser in determining its safety and reliability; and that motor vehicles move in the current of interstate and foreign commerce or affect such commerce. It is therefore the purpose of this title to prohibit tampering with odometers on motor vehicles and to establish certain safeguards for the protection of purchasers with respect to the sale of motor vehicles having altered or reset odometers.
15 U.S.C. 1982
SEC. 402. As used in this title
(1) The term "odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.
(2) The term "repair and replacement” means to restore to a sound working condition by replacing the odometer or any part thereof or by correcting what is inoperative.
(3) The term “transfer” means to change ownership by purchase, gift, or any other means.
15 U.S.C. 1983
SEC. 403. It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed, any device which causes an odometer to register any mileage other than the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.
UNLAWFUL CHANGE OF MILEAGE
Sec. 404. It is unlawful for any person or his agent to disconnect, reset, or alter the odometer of any motor
15 U.S.C. 1984
vehicle with the intent to change the number of miles indicated thereon.
15 U.S.C. 1985
OPERATION WITH INTENT TO DEFRAUD Sec. 405. It is unlawful for any person with the intent to defraud to operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional.
15 U.S.C. 1986
SEC. 406. No person shall conspire with any other person to violate section 403, 404, 405, 407, or 408.
15 U.S.C. 1987
LAWFUL SERVICE, REPAIR, OR REPLACEMENT Sec. 407. Nothing in this title shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair, or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of such notice so affixed shall be unlawful.
15 U.$.c. 1988
DISCLOSURE REQUIREMENTS Sec. 408. (a) Not later than 90 days after the date of enactment of this Act, the Secretary shall prescribe rules requiring any transferor to give the following written disclosure to the transferee in connection with the transfer of ownership of a motor vehicle:
(1) Disclosure of the cumulative mileage registered on the odometer.
(2) Disclosure that the actual mileage is unknown, if the odometer reading is known to the transferor to be different from the number of miles
the vehicle has actually traveled. Such rules shall prescribe the manner in which information shall be disclosed under this section and in which such information shall be retained.
(b) It shall be a violation of this section for any transferor to violate any rules under this section or to knowingly give a false statement to a transferee in making any disclosure required by such rules.
PRIVATE CIVIL ACTION
15 U.S.C. 1989
SEC. 409. (a) Any person who, with intent to defraud, violates any requirement imposed under this title shali be liable in an amount equal to the sum of
(1) three times the amount of actual damages sustained or $1,500, whichever is the greater; and
(2) in the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined
by the court. (b) An action to enforce any liability created under subsection (a) of this section, may be brought in a United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within two years from the date on which the liability arises.
15 U.$.c. 1990
Sec. 410. (a) Upon petition by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(b) Paragraphs (3) and (4) of section 107(b) shall apply to actions under this section in the same manner as they apply to actions under section 107.
EFFECT ON STATE LAW
16 U.S.C. 1991
SEC. 411. This title does not
(1) annul, alter, or affect the laws of any State with respect to the disconnecting, altering, or tampering with odometers with the intent to defraud, or
(2) exempt any person subject to the provisions
of this title from complying with such laws, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency.
15 U.S.C. 1981
Sec. 412. This title (other than section 408(a)) shall take effect ninety calendar days following the date of enactment of this Act. Section 408 (a) shall take effect on the date of enactment of this Act.
15 U.S.C. 1981
SEC. 413. One year after the date of enactment of this Act, the Secretary shall report to the Congress and to