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Sec. 110. (a) Any person who violates any provision of section 109, or any regulation issued thereunder, shall be subject to a civil penalty which may be recoverable in a civil action brought by the Attorney General in a United States district court in the name of the United States, of not to exceed $1,000 for each such violation except that for each such person the inaximum civil penalty shall not exceed $400,000 for any related series of violations. Such violation of a provision of section 109, or such regulations issued thereunder, shall constitute a separate violation with respect to each motor vehicle or item of motor vehicle equipment or with respect to each failure or refusal to allow or perform an act required thereby.
(b) Any such civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the C'nited States to the person charged.
ISJUNCTION Sec. 111. (a) The l'nited 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, or to restrain the sale, offer for sale, or the introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of any motor vehicle or item of motor vehicle equipment which is determined, prior to the first purchase of such vehicle in good faith for purposes other than resale, not to conform to applicable Federal motor vehicle safety standards prescribed pursuant to this title, upon petition by the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to the contemplated defendant and afford him an oppurtunity to present his views, and, except in the case of a knowing and willful violation, shall afford him opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(b) In any proceeding for criminal contempt for violation of an order, injunction, or restraining order issued under this section, which violation also constitutes a violation of this title, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
JURISDICTION AND VENUE
Sec. 112. (a) Actions under sections 110(a) and 111(a) may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.
(b) In any action brought under section 110(a) or section 111(a), subpoenas for witnesses who are required to attend a United States district court may run into any other district.
(c) It shall be the duty of every manufacturer offering a motor vehicle or item of motor vehicle equipment for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions and requirements may be made for and on behalf of said importer, and to file such designation with the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions and requirements may be made upon said importer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon said importer, and in default of such designation of such agent, service of process, notice, order, requirement or decision in any proceeding before the Secretary or in any judicial proceeding for enforcement of this title or any standards prescribed pursuant to this title may be made by posting such process, notice, order, requirement or decision in the Office of the Secretary.
APPLICATION OF ANTITRUST LAWS
SEC. 113. Nothing contained herein shall be deemed to exempt from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws.
INSPECTION AND TESTING FOR COMPLIANCE; RECORDS AND REPORTS
Sec. 114. (a) The Secretary is authorized to conduct such testing, inspection, and investigation as he deems necessary to aid in the enforcement of Federal vehicle safety standards prescribed and in effect under this title and shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained and test results indicating noncompliance with such standards, for appropriate enforcement or customs action.
(b) For purposes of enforcement of this title, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehuse or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, or establishment. Each such inspection shall be commenced and completed with reasonable promptness.
(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or employee duly designated by the Secretary, permit such officer or employee to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title.
(d) All information reported to or otherwise obtained by the Secretary or his representative pursuant to subsection (b) or (c) which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this Act or when relevant in any proceed ing under this Act.
CERTIFICATION Sec. 115. Every manufacturer or distributor of motor vehicles or motor vehicle equipment shall furnish to the distributor or dealer at the time of delivery of such vehicle or equipment of such manufacturer or distributor a certification that each such vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards. Such certification may be in the form of a label or tag on such vehicle or item of equipment or in the oustide of a container, if any, in which such items of equipment are delivered.
Sec. 116. (a) Every manufacturer of motor vehicles shall furnish notification of any defect in any motor vehicle or motor vehicle equipment produced by such manufacturer which he determines, in good faith, relates to motor vehicle safety, to the purchaser (where known to the manufacturer) of such motor vehicle or motor vehicle equipment, within a reasonable time after such manufacturer has discovered such defect.
(b) The notification required by subsection (a) shall be accomplished
(1) by certified mail to the first purchaser (not including any dealer of such manufacturer) of the motor vehicle or motor vehicle equipment containing a defect; and
(2) by certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom, such motor ve
hicle or equipment was delivered. (c) The notification required by subsection (a) shall contain a clear description of the defect, an evaluation of the risk of traffic safety reasonably related to the defect, and a statement of the measures to be taken to repair the defect.
(d) Every manufacturer of motor vehicles shall furnish to the Secretary a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or purchasers of motor vehicles or motor vehicle equipment of such manufacturer regarding any defect in such vehicle or equipment sold or serviced by such dealer. The Secretary shall disclose su much of the information contained in such notice or other information obtained under subsection 114(a) to the public as he deems will assist in carrying out the purposes of this Act, but he shall not disclose any information which contains or relates to a trade secret or other matter referred to
in section 1905 of title 18 of the United States Code unless he determines that it is necessary to carry out the purposes of this Act.
(e) If through testing, inspection, investigation, or research carried out pursuant to this title, or examination of reports pursuant to subsection (d) of this section, or otherwise, the Secretary determines that any motor vehicle or item of motor vehicle equipment
(1) does not comply with an applicable Federal motor vehicle safety standard prescribed pursuant to sections 102 and 103; or
(2) contains a defect which relates to motor vehicle safety; then he shall immediately notify the manufacturer of such motor vehicle or item of motor vehicle equipment of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance or that the alleged defect does not affect motor vehicle safety. If after such presentation by the manufacturer the Secretary determines that such vehicle or item of equipment does not comply with applicable Federal motor vehicle safety standards, or contains a defect which relates to motor vehicle safety, the Secretary shall direct the manufacturer to furnish the notification specified in subsection (c) of this section to the purchaser of such motor vehicle or item of motor vehicle equipment as provided in subsections (a) and (b) of this section.
USED MOTOR VEHICLE INSPECTION STUDY
Sec. 117. (a) In order to assure a continuing and effective national traffic safety program, it is the policy of the Congress to encourage and strengthen the enforcement of State inspection of used motor vehicles.
(b) The Secretary shall conduct a thorough study and investigation to determine the adequacy of motor vehicle safety standards and motor vehicle inspection requirements and procedures applicable to used motor vehicles in each State, and the effect of programs authorized by this Act upon such standards, requirements, and procedures for used motor vehicles, and report to the Congress as soon as practicable not later than one year after the enactment of this Act, the results of such study and recommendations for such additional legislation as he deems necessary to carry out the purposes of this Act.
ACCESS TO INFORMATION
Sec. 118. In addition to information made available to the public under section 3(c) of the Administrative Procedure Act, the Secretary shall make available, to any interested person, the record compiled in the proceedings for establishment of a motor vehicle safety standard, including at lea: t (A) the testimony, documentary evidence, and written submissions of data, views or arguments, and (B) to the extent feasible, any nondocumentary evidence, but the Secretary shall not disclose any information which contains or relates to trade secrets.
OBLIGATION FOR NONCOMPLYING MOTOR VEHICLES AND MOTOR
SEC. 119. (a) If any motor vehicle or item of motor vehicle equipment is determined not to conform to applicable Federal motor vehicle safety standards, or contains a defect which relates to motor vehicle safety, after the sale of such vehicle or item of equipment by a manufacturer or a distributor to a distributor or a dealer and prior to the sale of such vehicle or item of equipment by such distributor or dealer:
(1) The manufacturer or distributor, as the case may be, shall immediately repurchase such vehicle or item of motor vehicle equipment from such distributor or dealer at the price paid by such distributor or dealer, plus all transportation charges involved and an increment of 2 per centum per month of such price paid prorated from the date of notice of such nonconformance to the date of repurchase by the manufacturer or distributor; or
(2) In the case of motor vehicles, the manufacturer or distributor, as the case may be, at his own expense, shall immedia tely furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such vehicle and for the installation involved the manufacturer shall reimburse such distributor or dealer for the reasonable value of such installation plus an increment of 2 per centum per month of the manufacturer's or distributor's selling price prorated from the date of notice of such nonconformance to the date such vehicle is brought into conformance with applicable Federal standards: Provided, howerer, That the distributor or dealer proceeds with reasonable diligence with the installation after the required part, parts or
equipment are received. (b) In the event any manufacturer or distributor shall refuse to comply with the requirements of paragraphs (1) and (2) of subsection (a), then the distributor or dealer, as the case may be, to whom such nonconforming vehicle or equipment has been sold may bring suit against such manufacturer or distributor in any district court of the United States in the district in which said manufacturer or distributor resides, or is found, or has an agent, without respect to the amount in controversy, and shall recover the damage by him sustained, as well as all court costs plus reasonable attorney's fees. Any action brought pursuant to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued.
(c) The reasonable value of such installations specified in subsection (a)(2) of this section shall be fixed by mutual agreement of the parties, or failing such agreement, by the court pursuant to the provisions of subsection (b) of this section.
BRAKE FLUID AND SEAT BELT STANDARDS Sec. 120. (a) Public Law 87-637 (Act of September 5, 1962, 76 Stat. 437, 15 U.S.C. 1301-1303), and Public Law 88–201 (Act of December 13, 1963, 77 Stat. 361, 15 U.S.C. 1321-1323) are hereby repealed.
(b) Whoever, prior to the date of enactment of this section, knowingly and willfully violates any provision of law repealed by subsec