Inspections, investigations, and records
- Sec. 30166. Inspections,
investigations, and records
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- DEFINITION In this
section, "motor vehicle accident" means
an occurrence associated with the maintenance or
operation of a motor vehicle or motor vehicle
equipment resulting in personal injury, death, or
property damage.
- AUTHORITY TO INSPECT AND
INVESTIGATE
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- The Secretary of
Transportation may conduct an inspection
or investigation
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- that may be
necessary to enforce this chapter
or a regulation prescribed or
order issued under this chapter;
or
- related to a
motor vehicle accident and
designed to carry out this
chapter.
- The Secretary of
Transportation shall cooperate with State
and local officials to the greatest
extent possible in an inspection or
investigation under paragraph (l)(B) of
this subsection.
- MATTERS THAT CAN BE
INSPECTED AND IMPOUNDMENT In carrying out
this chapter, an officer or employee designated
by the Secretary of Transportation
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- at reasonable times,
may inspect and copy any record related
to this chapter;
- on request, may
inspect records of a manufacturer,
distributor, or dealer to decide whether
the manufacturer, distributor, or dealer
has complied or is complying with this
chapter or a regulation prescribed or
order issued under this chapter; and
- at reasonable times,
in a reasonable way, and on display of
proper credentials and written notice to
an owner, operator, or agent in charge,
may
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- enter and
inspect with reasonable
promptness premises in which a
motor vehicle or motor vehicle
equipment is manufactured, held
for introduction in interstate
commerce, or held for sale after
introduction in interstate
commerce;
- enter and
inspect with reasonable
promptness premises at which a
vehicle or equipment involved in
a motor vehicle accident is
located;
- inspect with
reasonable promptness that
vehicle or equipment; and
- impound for
not more than 72 hours a vehicle
or equipment involved in a motor
vehicle accident.
- REASONABLE COMPENSATION When
a motor vehicle (except a vehicle subject to
subchapter II of chapter 105 of this title) or
motor vehicle equipment is inspected or
temporarily impounded under subsection (c)(3) of
this section, the Secretary of Transportation
shall pay reasonable compensation to the owner of
the vehicle if the inspection or impoundment
results in denial of use, or reduction in value,
of the vehicle.
- RECORDS AND MAKING REPORTS
The Secretary of Transportation reasonably
may require a manufacturer of a motor vehicle or
motor vehicle equipment to keep records, and a
manufacturer, distributor, or dealer to make
reports, to enable the Secretary to decide
whether the manufacturer, distributor, or dealer
has complied or is complying with this chapter or
a regulation prescribed or order issued under
this chapter. This subsection does not impose a
recordkeeping requirement on a distributor or
dealer in addition to those imposed under
subsection (f) of this section and section 30117(b)
of this title or a regulation prescribed or order
issued under subsection (f) or section 301 17(b).
- PROVIDING COPIES OF
COMMUNICATIONS ABOUT DEFECTS AND NONCOMPLIANCE A manufacturer
shall give the Secretary of Transportation a true
or representative copy of each communication to
the manufacturer's dealers or to owners or
purchasers of a motor vehicle or replacement
equipment produced by the manufacturer about a
defect or noncompliance with a motor vehicle
safety standard prescribed under this chapter in
a vehicle or equipment that is sold or serviced.
- ADMINISTRATIVE AUTHORITY ON
REPORTS, ANSWERS, AND HEARINGS
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- In carrying out this
chapter, the Secretary of Transportation
may
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- require, by
general or special order, any
person to file reports or answers
to specific questions, including
reports or answers under oath;
and
- conduct
hearings, administer oaths, take
testimony, and require (by
subpoena or otherwise) the
appearance and testimony of
witnesses and the production of
records the Secretary considers
advisable.
- A witness summoned
under this subsection is entitled to the
same fee and mileage the witness would
have been paid in a court of the United
States.
- CIVIL ACTIONS TO ENFORCE
AND VENUE A civil action to enforce a
subpoena or order under subsection (g) of this
section may be brought in the United States
district court for any judicial district in which
the proceeding is conducted. The court may punish
a failure to obey an order of the court to comply
with a subpoena or order as a contempt of court.
- GOVERNMENTAL COOPERATION The
Secretary of Transportation may request a
department, agency, or instrumentality of the
United States Government to provide records the
Secretary considers necessary to carry out this
chapter. The head of the department, agency, or
instrumentality shall provide the record on
request, may detail personnel on a reimbursable
basis, and otherwise shall cooperate with the
Secretary. This subsection does not affect a law
limiting the authority of a department, agency,
or instrumentality to provide information to
another department, agency, or instrumentality.
- COOPERATION OF SECRETARY The
Secretary of Transportation may advise, assist,
and cooperate with departments, agencies, and
instrumentalities of the Government, States, and
other public and private agencies in developing a
method for inspecting and testing to determine
compliance with a motor vehicle safety standard.
- PROVIDING INFORMATION The
Secretary of Transportation shall provide the
Attorney General and, when appropriate, the
Secretary of the Treasury, information obtained
that indicates a violation of this chapter or a
regulation prescribed or order issued under this
chapter.
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