§ 30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment
(a)
General.—
(1)
Except as provided in this section, sections
30113 and
30114 of this title, and subchapter III of this chapter, a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section
30115 of this title.
(2)
Except as provided in this section, sections
30113 and
30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph.
(b)
Nonapplication.—
This section does not apply to—
(1)
the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale;
(2)
a person—
(A)
establishing that the person had no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment does not comply with applicable motor vehicle safety standards prescribed under this chapter; or
(B)
holding, without knowing about the noncompliance and before the vehicle or equipment is first purchased in good faith other than for resale, a certificate issued by a manufacturer or importer stating the vehicle or equipment complies with applicable standards prescribed under this chapter;
(3)
a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported;
(4)
a motor vehicle the Secretary of Transportation decides under section
30141 of this title is capable of complying with applicable standards prescribed under this chapter;
(5)
a motor vehicle imported for personal use by an individual who receives an exemption under section
30142 of this title;
(6)
a motor vehicle under section
30143 of this title imported by an individual employed outside the United States;
(7)
a motor vehicle under section
30144 of this title imported on a temporary basis;
(8)
a motor vehicle or item of motor vehicle equipment under section
30145 of this title requiring further manufacturing; or
(9)
a motor vehicle that is at least 25 years old.