Page:United States Statutes at Large Volume 88 Part 2.djvu/161

 88 STAT. ]

PUBLIC LAW 93-492-OCT. 27, 1974

1477

" (D) If the manufacturer of a motor vehicle is not the manufacturer of original equipment installed in or on such vehicle a,t the time of its delivery to the first purchaser, the manufacturer of the vehicle (rather than the manufacturer of such equipment) shall be considered the manufacturer of such item of equipment. "(3) The term 'first purchaser' means first purchaser for purposes other than resale. "(4) The term 'adequate repair' does not include any repair which results in substantially impaired operation of a motor vehicle or item of replacement equipment. "EFFECT ON OTHER LAWS

"SEC. 160. The provisions of this part shall not create or affect any warranty obligation under State or Federal law. Consumer remedies under this part are in addition to, and not in lieu of, any other right or remedy under State or Federal law." (b)

IS use 1420.

CONFORMING AMENDMENTS.—

(1) Title I of such Act is amended by inserting after section 101 the following: "PART A—GENERAL PROVISIONS".

(2) Section 110(c) of such Act is amended by striking out "Actions" IS use 1399. and inserting in lieu thereof "Except as provided in section 155(a), actions". (c) EFFECTIVE DATE.—The amendments made by this section shall ^^ use i4ii not apply to any defect or failure to comply with respect to which, "° ^" before the effective date of this title, notification was issued under section 113(a) of such Act or was required to be issued under section 113(e). SEC. 103. ENFORCEMENT. (a)

PROHIBITED ACTS.—

(1)(A) Section 108(a) of the National Traffic and Motor Vehicle is use 1397. 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' "Motor vehimeans any person who holds himself out to the public as in the busi- "^^ business." ness 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 Ante, p. i482, (f)(4)) designed to indicate that safety belts are not in use.

38-194 O - 76 - 11 pt. 2

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