[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR551.45]

[Page 127-128]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 551--PROCEDURAL RULES--Table of Contents
 
                  Subpart D--Service of Process; Agents
 
Sec. 551.45  Service of process on foreign manufacturers and importers.


    (a) Designation of agent for service. Any manufacturer, assembler, 
or importer of motor vehicles or motor vehicle equipment (hereinafter 
called manufacturer) before offering a motor vehicle or item of motor 
vehicle equipment for importation into the United States, shall 
designate a permanent resident of the United States as his agent upon 
whom service of all processes, notices, orders, decisions, and 
requirements may be made for him and on his behalf as provided in 
section 110(e) of the National Traffic and Motor Vehicle Safety Act of 
1966 (80 Stat. 718) and in this section. The agent may be an individual, 
a firm, or a domestic corporation. Any number of manufacturers may 
designate the same person as agent.
    (b) Form and contents of designation. The designation shall be 
addressed to the Administrator, National Highway Traffic Safety 
Administration, U.S. Department of Transportation, 400 Seventh Street 
SW., Washington, DC 20590. It shall be in writing and dated; all 
signatures shall be in ink. The designation shall be made in legal form 
required to make it valid, and binding on the manufacturer, under the 
laws, corporate bylaws, or other requirements governing the making of 
the designation by the manufacturer at the place and time where it is 
made, and the person or persons signing the designation shall certify 
that it is so made. The designation shall disclose the full legal name, 
principal place of business, and mailing address of the manufacturer. If 
any of the products of the manufacturer do not bear his legal name, the 
marks, trade names, or other designations of origin which these products 
bear shall be stated in the designation. The designation of agent shall 
provide that it remains in effect until withdrawn or replaced by the 
manufacturer. The designation shall bear a declaration of acceptance 
duly signed by

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the designated agent. The full legal name and mailing address of the 
agent shall be stated. Designations are binding on the manufacturer even 
when not in compliance with all the requirements of this section, until 
rejected by the Administrator. The designated agent may not assign 
performance of his functions under the designation to another person.
    (c) Method of service. Service of any process, notice, order, 
requirement, or decision specified in section 110(e) of the National 
Traffic and Motor Vehicle Safety Act of 1966 may be made by registered 
or certified mail addressed to the agent, with return receipt requested, 
or in any other manner authorized by law. If service cannot be effected 
because the agent has died (or, if a firm or a corporation ceased to 
exist) or moved, or otherwise does not receive correctly addressed mail, 
service may be made by posting as provided in section 110(e).

[33 FR 19700, Dec. 25, 1968. Redesignated and amended at 35 FR 5118, 
Mar. 26, 1970; 36 FR 1147, Jan. 23, 1971; 48 FR 44081, Sept. 27, 1983]