Definitions

Under 1988.101, "Complainant" means the person who filed a MAP-21 complaint or on whose behalf a complaint was filed.

• Practical note: the complainant can be the affected worker themselves or someone who files on their behalf, such as a union representative or attorney.

Under 1988.101, an "Employee" means an individual presently or formerly working for, an individual applying to work for, or an individual whose employment could be affected by a motor vehicle manufacturer, dealer, part supplier, or dealership.

• Practical note: applicants and former workers are covered by this definition if the matter involves their employment relationship or potential employment.

Under 1988.101, a "Respondent" means the person named in the complaint who is alleged to have violated MAP-21.

• Practical note: the respondent is the party that will respond to the allegations in the enforcement or investigative process.

Under 1988.101, a "Dealer or Dealership" means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.

• Practical note: this definition focuses on businesses selling to end users, not businesses buying to resell.

Under 1988.101, a "Manufacturer" is a person (1) manufacturing or assembling motor vehicles or motor vehicle equipment; or (2) importing motor vehicles or motor vehicle equipment for resale.

• Practical note: both domestic assemblers and importers who bring vehicles/equipment into commerce for resale fit this definition.

Under 1988.101, a "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, and it does not include a vehicle operated only on a rail line.

• Practical note: vehicles primarily built for public road use (cars, trucks, motorcycles) are included; vehicles used solely on rails are excluded.

Under 1988.101, "Motor vehicle equipment" includes: (1) any system, part, or component of a motor vehicle as originally manufactured; (2) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; and (3) any device or article or apparel (including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner) that is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.

• Practical examples: original brakes (1), aftermarket brake pads or seat covers (2), and safety apparel like helmets (3).

Under 1988.101, "Defect" includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.

• Practical note: a defect can be design, manufacturing, or material-related and applies to either the whole vehicle or its parts.

Under 1988.101, "Business days" means days other than Saturdays, Sundays, and Federal holidays.

• Practical note: when counting deadlines or timelines under this part, skip weekends and Federal holidays.

Under 1988.101, the "Assistant Secretary" means the Assistant Secretary of Labor for Occupational Safety and Health or the person or persons to whom he or she delegates authority under MAP-21.

• Practical note: responsibilities under this part may be carried out by delegates acting under the Assistant Secretary's authority.

Under 1988.101, "MAP-21" means Section 31307 of the Moving Ahead for Progress in the 21st Century Act of 2012 (Pub. L. 112-141), which is codified at 49 U.S.C. 30171.

• Practical note: MAP-21 is the federal law that added the whistleblower protection procedures addressed in this part.

Under 1988.101, "NHTSA" means the National Highway Traffic Safety Administration of the United States Department of Transportation.

• Practical note: NHTSA is the federal agency responsible for vehicle safety standards and may be relevant in enforcement or technical matters.

Under 1988.101, "OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor.

• Practical note: OSHA administers the procedures and investigations described in this part.

Under 1988.101, "Person" means an individual, partnership, company, corporation, association (incorporated or unincorporated), trust, estate, cooperative organization, or other entity.

• Practical note: this broad definition means both natural persons and a wide range of business entities can be parties under this part.

Under 1988.101, the "Secretary" means the Secretary of Labor.

• Practical note: references to the Secretary indicate the head of the Department of Labor or authorized representatives.

Under 1988.101, yes: a company that imports motor vehicles or motor vehicle equipment for resale meets the definition of a "Manufacturer."

• Practical note: importers who bring vehicles or parts into the U.S. market for resale are treated the same as domestic manufacturers for purposes of this part.

Under 1988.101, aftermarket items such as a GPS or seat cover can be "motor vehicle equipment" if they are manufactured or sold as a replacement, improvement, accessory, or addition to a motor vehicle, or if they are sold for use on public roads to help safeguard users.

• Practical note: each aftermarket product should be evaluated against the three-part definition in the standard to see if it qualifies.

Under 1988.101, eyeglasses prescribed by a licensed practitioner are explicitly excluded from the definition of "motor vehicle equipment."

• Practical note: non-prescription safety eyewear sold for vehicle safety may fall under the definition, but prescription eyeglasses do not.

Under 1988.101, motorcycle helmets are explicitly included as an example of "motor vehicle equipment."

• Practical note: helmets sold for use on public roads are covered under the equipment definition because they are intended to safeguard vehicle users.

Under 1988.101, a "Motor vehicle" is one manufactured primarily for use on public streets, roads, and highways, so vehicles manufactured only for off-road use likely do not meet this definition.

• Practical note: whether an ATV is covered depends on whether it was manufactured primarily for public road use; vehicles operated only on rails are explicitly excluded.