Contains nothing helpful. As Introduced-Subsection (c) S. 355, as introduced, contains no comparable provision. SEC. 103. ENFORCEMENT. (a) PROHIBITED ACTS.— (1) (A) Section 108 (a) of the National Traffic and Motor Vehicle Safety Act of 1966 is amended by inserting "(1)" after "SEC. 108. (a)”, by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively, and by adding at the end of such subsection the following new paragraph: "(2)(A) No manufacturer, distributor, dealer, or motor vehicle repair business shall knowingly render inoperative, in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believes that such vehicle or item of equipment will not be used (other than for testing or similar purposes in the course of maintenance or repair) during the time such device or element of design is rendered inoperative. For purposes of this paragraph, the term 'motor vehicle repair business' means any person who holds himself out to the public as in the business of repairing motor vehicles or motor vehicle equipment for compensation. "(B) The Secretary may by regulation exempt any person from this paragraph if he determines that such exemption is consistent with motor vehicle safety and the purposes of this Act. The Secretary may prescribe regulations defining the term 'render inoperative'. "(C) This paragraph shall not apply with respect to the rendering inoperative of (i) any safety belt interlock (as defined in section 125(f) (1)) or (ii) any continuous buzzer (as defined in section 125 (f) (4)) designed to indicate that safety belts are not in use. *(D) Paragraph (1)(A) of this subsection shall not apply to the sale or offering for sale of any motor vehicle which has such a buzzer or interlock rendered inoperative by a dealer at the request of the first purchaser of such vehicle." 15 USC 1397. "Motor vehicle business." Regulations (B) Subsection (b) of section 108 of such Act is amended by insert- 15 USC 1397. ing "(A)" after "Paragraph (1)" in paragraphs (1), (2), and (5) of such subsection and by inserting "(A)" after "paragraph (1)" in paragraph (3) of such subsection. (2) Section 108 (a) of such Act (as amended by paragraph (1) of this subsection) is amended (A) by inserting after the semicolon in paragraph (1)(B) the following: "fail to keep specified records in accordance with such section; or fail or refuse to permit impounding, as required under section 112(a);" and (B) by adding at the end of subsection (a) the following new subparagraph: "(E) fail to comply with any rule, regulation, or order issued under section 112 or 114; and" (3) Section 108 (a) (1) (D) of such Act is amended to read as follows: “(D) fail— "(i) to furnish notification, "(ii) to remedy any defect or failure to comply, or "(iii) to maintain records, as required by part B of this title; or fail to comply with any order or other requirement applicable to any manufacturer, distributor, or dealer pursuant to such part B;" (b) PENALTIES.-Section 109 of such Act is amended by striking 15 USC 1398. out "$400,000" in the second sentence of such subsection (a) and inserting in lieu thereof "$800,000”. 15 USC 1399. (c) INJUNCTIONS.— (1) The first sentence of section 110(a) of such Act is amended (1) by inserting "(or rules, regulations or orders thereunder)" after "violations of this title", and (2) by inserting immediately after "pursuant to this title," the following: "or to contain a defect (A) which relates to motor vehicle safety and (B) with respect to which notification has been given under section 151 or has been required to be given under section 152(b),”. (2) The next to the last sentence of section 110 (a) of such Act is aniended by inserting before the period at the end thereof the following: "or to remedy the defect". Conference Report-Section 103 House Report 93-1452, Pages 38-40 Enforcement Senate bill Section 2 of the Senate bill amended Section 108 (a) (4) of the National Traffic and Motor Vehicle Safety Act to make it a prohibited act to fail to furnish notification, fail to remedy any defect or failure to comply, fail to maintain records, or fail to meet any other obligation imposed upon any manufacturer, distributor, or dealer pursuant to the new notification and remedy provisions. Section 103 of the House amendment amended section 108 of the Act. A new section 108 (a) (2) was added which prohibited any manufacturer, distributor, dealer, or motor vehicle repair business from knowingly rendering inoperative in whole or part, any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard, unless such manufacturer, distributor, dealer, or repair business reasonably believed that such vehicle or item of equipment would not be used (other than for testing or similar purpose in the course of maintenance or repair) during the time such device or element of design was rendered inoperative. The term, "motor vehicle repair business" was defined to include any person who holds himself out to the public as in the business of repairing motor vehicles or their equipment for compensation. The Secretary was authorized to prescribe regulations defining the term "render inoperative" and to exempt by rule any person if he determined such exemption was consistent with motor vehicle safety and the purposes of the Act. Sction 103 of the House amendment also amended section 108 (a) of the Act to specify as prohibited acts the failure to keep specified records under section 112; failure or refusal to permit impounding of motor vehicles as required under section 112(b); and the failure to comply with any rule, regulation, or order issued under section 112 or 114 of the Act, as amended. Section 108 (a) (1) (D) of the Act was amended to make it a prohibited act to fail to furnish notification, fail to remedy any defect or failure to comply, fail to maintain records, or fail to comply with any tor, or dealer pursuant to Part B of Title I. Section 103(b) of the House amendment amended section 109 of the Act by increasing the maximum civil penalty from $400,000 to $800,000. Section 103 (c) (1) of the House amendment altered section 110 (a) of the Act to give the United States district courts the jurisdiction to restrain violations of rules. regulations, or orders issued under Title I of the Act. The district courts would also have the jurisdiction to restrain the sale or importation of motor vehicles or items of motor vehicle equipment which were non-complying or contained a defect which related to motor vehicle safety and with respect to which notification was given under section 151 or required to be given under section 152(b). A conforming amendment to section 110 (a) in section 103 (c) (2) 39 of the House amendment required the Secretary to give notice of a contemplated injunctive action and afford a reasonable opportunity to remedy the defect, as well as to achieve compliance. Conference substitute The conference substitute adopts the provisions of the House amendment. Regarding the Secretary's authority to prescribe regulations defining the term "render inoperative," the conferees intend that these regulations should make it clear that the permanent removal, disconnection, or degradation of the safety performance of any such device or element of design is prohibited. The words, device or element of design, are intended to include components of a motor vehicle or item of its equipment as well as an entire system to which safety standards are applicable. However, an item of motor vehicle equipment installed in or on a motor vehicle may be replaced with an item of motor vehicle equipment which is a replacement part complying with any applicable Federal motor vehicle safety standard and any applicable Federal motor vehicle safety standard and any applicable Federal vehicle-in-use standard for equipment. It is not the purpose of this amendment to limit in any way the use of independent aftermarket repair and service parts in the repair or replacement of components incorporated in the vehicle at the time of manufacture pursuant to the requirements of Federal motor vehicle safety standards. This amendment to the enforcement provisions of existing law is intended to insure that safety equipment on a motor vehicle continues to benefit motorists during the life of the vehicle. The protection of subsequent, as well as first, purchasers of a motor vehicle is thereby assured. The expenditure of federal funds on motor vehicle safety would be to little effect if as a general rule devices or elements of design installed in compliance with applicable Federal safety standards were rendered inoperative. Section 110 of this legislation requires the Secretary to amend Federal motor vehicle safety standard 208 so as to no longer require or permit compliance by means of any continuous buzzer designed to indicate that safety belts are not fastened, or any safety belt interlock system. |