Page:United States Statutes at Large Volume 108 Part 2.djvu/227

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 943 (B) "first purchaser" means the first purchaser of a motor vehicle or motor vehicle equipment other than for resale; (C) "original equipment" means motor vehicle equipment (including a tire) installed in or on a motor vehicle at the time of delivery to the first purchaser; (D) "replacement equipment" means motor vehicle equipment (including a tire) that is not original equipment; (E) a brand name owner of a tire marketed under a brand name not owned by the manufacturer of the tire is deemed to be the manufacturer of the tire; (F) a defect in original equipment, or noncompliance of original equipment with a motor vehicle safety standard prescribed under this chapter, is deemed to be a defect or noncompliance of the motor vehicle in or on which the equipment was installed at the time of delivery to the first purchaser; (G) a manufacturer of a motor vehicle in or on which original equipment was installed when delivered to the first purchaser is deemed to be the manufacturer of the equipment; and (H) a retreader of a tire is deemed to be the manufacturer of the tire. (2) The Secretary of Transportation may prescribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection. § 30103. Relationship to other laws (a) UNIFORMITY OF REGULATIONS.— The Secretary of Transportation may not prescribe a safety regulation related to a motor vehicle subject to subchapter II of chapter 105 of this title that differs from a motor vehicle safety standard prescribed under this chapter. However, the Secretary may prescribe, for a motor vehicle operated by a carrier subject to subchapter II of chapter 105, a safety regulation that imposes a higher standard of penormance after manufacture than that required by an applicable standard in effect at the time of manufacture. (b) PREEMPTION. —(1) When a motor vehicle safety standard is in effect under this chapter, a State or a political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. However, the United States Government, a State, or a political subdivision of a State may prescribe a standard for a motor vehicle or motor vehicle equipment obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter. (2) A State may enforce a standard that is identical to a standard prescribed under this chapter. (c) ANTITRUST LAWS.. —T his chapter does not— (1) exempt from the antitrust laws conduct that is unlawful under those laws; or (2) prohibit under the antitrust laws conduct that is lawful under those laws. (d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND REMEDIES. —Sections 30117(b), 30118-30121, 30166(f), and 30167(a) and (b) of this title do not establish or affect a warranty obligation under a law of the United States or a State. A remedy under those sections and sections 30161 and 30162 of this title

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