CHAPTER 331 —THEFT PREVENTION
Editorial Notes
Amendments
2012—
§33101. Definitions
In this chapter—
(1) "chop shop" means a building, lot, facility, or other structure or premise at which at least one person engages in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing a passenger motor vehicle or passenger motor vehicle part that has been unlawfully obtained—
(A) to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity of the vehicle or part, including the vehicle identification number or a derivative of that number; and
(B) to distribute, sell, or dispose of the vehicle or part in interstate or foreign commerce.
(2) "covered major part" means a major part selected under
(3) "existing line" means a line introduced into commerce before January 1, 1990.
(4) "first purchaser" means the person making the first purchase other than for resale.
(5) "line" means a name that a manufacturer of motor vehicles applies to a group of motor vehicle models of the same make that have the same body or chassis, or otherwise are similar in construction or design.
(6) "major part" means—
(A) the engine;
(B) the transmission;
(C) each door to the passenger compartment;
(D) the hood;
(E) the grille;
(F) each bumper;
(G) each front fender;
(H) the deck lid, tailgate, or hatchback;
(I) each rear quarter panel;
(J) the trunk floor pan;
(K) the frame or, for a unitized body, the supporting structure serving as the frame; and
(L) any other part of a passenger motor vehicle that the Secretary of Transportation by regulation specifies as comparable in design or function to any of the parts listed in subclauses (A)–(K) of this clause.
(7) "major replacement part" means a major part that is—
(A) an original major part in or on a completed motor vehicle and customized or modified after manufacture of the vehicle but before the time of its delivery to the first purchaser; or
(B) not installed in or on a motor vehicle at the time of its delivery to the first purchaser and the equitable or legal title to the vehicle has not been transferred to a first purchaser.
(8) "model year" has the same meaning given that term in
(9) "new line" means a line introduced into commerce after December 31, 1989.
(10) "passenger motor vehicle" includes a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than 6,000 pounds gross vehicle weight.
(11) "vehicle theft prevention standard" means a minimum performance standard for identifying major parts of new motor vehicles and major replacement parts by inscribing or affixing numbers or symbols on those parts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33101(1) | 15:2021(11). | Oct. 20, 1972, |
| 33101(2) | 15:2021(6). | Oct. 20, 1972, |
| 33101(3) | 15:2021(3). | |
| 33101(4) | 15:2021(5). | |
| 33101(5) | 15:2021(2). | |
| 33101(6) | 15:2021(7). | |
| 33101(7) | 15:2021(8). | Oct. 20, 1972, |
| 33101(8) | 15:2021(9). | |
| 33101(9) | 15:2021(4). | |
| 33101(10) | 15:2021(1). | |
| 33101(11) | 15:2021(10). |
In clause (2), the words "section 33102(c)(1)" are substituted for "section 2022(d)(1)(B)" to correct an erroneous cross-reference. Section 302(1) of the Act of October 25, 1992 (
In clause (3), the words "before January 1, 1990" are substituted for "before the beginning of the 2-year period specified in
In clause (5), the words "of motor vehicles" are added for consistency in this chapter.
Clause (6)(I) is substituted for "rear quarter panels" for clarity and consistency.
In clause (7)(A), the word "completed" is omitted as unnecessary because of the restatement.
In clause (9), the words "after December 31, 1989" are substituted for "on or after the beginning of the 2-year period specified in
Pub. L. 103–429, §6(44)(A)
This corrects a cross-reference in 49:33101(2) by eliminating the reference to 49:33102(c)(1). Section 302(1) of the Anti Car Theft Act of 1992 (
Pub. L. 103–429, §6(44)(B)
This makes a conforming amendment for consistency with the style of title 49.
Editorial Notes
Amendments
1996—
1994—Par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Effective Date of 1994 Amendment
Amendment by
§33102. Theft prevention standard for high theft lines
(a)
(A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under
(B) major replacement parts for the major parts described in clause (A) of this paragraph.
(2) The standard may apply only to—
(A) major parts that manufacturers install in passenger motor vehicles having a model year designation later than the calendar year in which the standard takes effect; and
(B) major replacement parts manufactured after the standard takes effect.
(b)
(c)
(2) For a major replacement part, the standard may not require—
(A) identification of a part not designed as a replacement for a major part required to be identified under the standard; or
(B) the inscribing or affixing of identification except a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33102(a)(1) | 15:2022(a). | Oct. 20, 1972, |
| 33102(a)(2) | 15:2022(c)(1)–(3), (5). | |
| 33102(b) | 15:2022(b). | |
| 33102(c) | 15:2022(d)(1). | Oct. 20, 1972, |
| 33102(d) | 15:2022(e). | Oct. 20, 1972, |
In subsection (a)(1), before clause (A), the words "in accordance with this section" are omitted as surplus.
In subsection (a)(2), the text of 15:2022(c)(1)–(3) is omitted as obsolete because the standard has already been prescribed. See 49 C.F.R. part 541.
Editorial Notes
References in Text
1 See References in Text note below.
§33103. Theft prevention standard for other lines
(a)
(b)
(A) not designated under
(B) not covered by the standard prescribed under subsection (a) of this section.
(2) The Secretary shall include as part of the regulatory proceeding under this subsection the finding of, and the record developed by, the Attorney General under subsection (c) of this section.
(c)
(d)
(A) whether the application of the standard under subsection (a) or (b) of this subsection, or both, have been effective in substantially inhibiting the operation of chop shops and motor vehicle theft.
(B) whether the anti-theft devices for which the Secretary has granted exemptions under
(2)(A) In making the finding under paragraph (1)(A) of this subsection, the Attorney General shall—
(i) consider the additional cost, competition, and available alternatives;
(ii) base that finding on information collected and analyzed under section 33112 1 of this title;
(iii) consider the effectiveness, the extent of use, and the extent to which civil and criminal penalties under
(iv) base that finding on the 3-year and 5-year reports issued by the Secretary under
(v) base that finding on other information the Attorney General develops and includes in the public record.
(B) The Attorney General shall submit a finding under paragraph (1)(A) of this subsection promptly to the Secretary. If the Attorney General finds that the application of the standard under subsection (a) or (b) of this section, or both, has not been effective, the Secretary shall issue, not later than 180 days after receiving that finding, an order terminating the standard the Attorney General found was ineffective. The termination is effective for the model year beginning after the order is issued.
(3) In making a finding under paragraph (1)(B) of this subsection, the Secretary shall consider the additional cost, competition, and available alternatives. If the Attorney General finds that the anti-theft devices are an effective substitute, the Secretary shall continue to grant exemptions under
(e)
(1) decides with good cause that the earlier date is in the public interest; and
(2) publishes the reasons for the decision.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33103(a) | 15:2022(f)(1) (1st sentence). | Oct. 20, 1972, |
| 33103(b) | 15:2022(f)(2) (1st, 2d sentences), (3) (last sentence). | |
| 33103(c) | 15:2022(f)(3) (1st–3d sentences). | |
| 33103(d) | 15:2022(f)(4), (5). | |
| 33103(e) | 15:2022(c)(4). | Oct. 20, 1972, |
| 15:2022(f)(1) (last sentence), (2) (last sentence). | ||
| 33103(f) | 15:2022(f)(6). |
In subsection (a), the words "foreign and domestic" are omitted as unnecessary. The words "as high theft lines" are added for clarity.
In subsection (b)(1), the words "to apply the standard" are added for clarity. The words "shall apply that standard to covered major parts and major replacement parts for covered parts that manufacturers install in the lines of passenger motor vehicles (except light duty trucks) . . . not designated under
In subsection (b)(2), the words "The Secretary shall include as part of the regulatory proceeding under this subsection . . . developed by the Attorney General under subsection (c) of this section" are substituted for "shall be a part of the Secretary's rulemaking record" for clarity.
In subsection (c), the words "Before the Secretary begins a regulatory proceeding under subsection (b) of this section" are substituted for "prior to the Secretary's initiation and promulgation of a rule" for clarity. The words "applying the standard prescribed in subsection (a) to the remaining lines of passenger motor vehicles (except light duty trucks) not covered by that standard" are substituted for "requiring such additional parts marking for all of the applicable passenger motor vehicles" for clarity and because of the restatement.
In subsection (d)(1)(A), the words "whether the application of the standard under subsection (a) or (b) of this subsection, or both" are substituted for "whether one or both rules promulgated under this subsection" for clarity.
In subsection (d)(2)(A)(iii), the words "civil . . . penalties under
In subsection (d)(3), the words "for the model years after model year 2000" are substituted for "Nothing in this paragraph affects exemptions granted in model year 2000 or earlier to any manufacturer" to eliminate unnecessary words. The words "at one of the following levels that the Attorney General decides" are substituted for "as determined by the Attorney General" for clarity.
In subsection (e), the text of 15:2022(c)(4) (related to the standard under 15:2022(c)(1)) is omitted as obsolete because the standard under 15:2022(c)(1) has already been prescribed. See 49 C.F.R. 541.
Editorial Notes
References in Text
1 See References in Text note below.
§33104. Designation of high theft vehicle lines and parts
(a)
(A) a passenger motor vehicle line determined under subsection (b) of this section to have had a new passenger motor vehicle theft rate in the 2-year period covering calendar years 1990 and 1991 greater than the median theft rate for all new passenger motor vehicle thefts in that 2-year period.
(B) a passenger motor vehicle line initially introduced into commerce in the United States after December 31, 1989, that is selected under paragraph (3) of this subsection as likely to have a theft rate greater than the median theft rate referred to in clause (A) of this paragraph.
(C) subject to paragraph (2) of this subsection, a passenger motor vehicle line having (for existing lines) or likely to have (for new lines) a theft rate below the median theft rate referred to in clause (A) of this paragraph, if the major parts in the vehicles are selected under paragraph (3) of this subsection as interchangeable with the majority of the major parts that are subject to the standard and are contained in the motor vehicles of a line described in clause (A) or (B) of this paragraph.
(2) The standard may not apply to any major part of a line described in paragraph (1)(C) of this subsection if all the passenger motor vehicles of lines that are, or are likely to be, below the median theft rate, and that contain parts interchangeable with the major parts of the line involved, account (for existing lines), or the Secretary of Transportation determines they are likely to account (for new lines), for more than 90 percent of the total annual production of all lines of that manufacturer containing those interchangeable parts.
(3) The lines, and the major parts of the passenger motor vehicles in those lines, that are to be subject to the standard may be selected by agreement between the manufacturer and the Secretary. If the manufacturer and the Secretary disagree on the selection, the Secretary shall select the lines and parts, after notice to the manufacturer and opportunity for written comment, and subject to the confidentiality requirements of this chapter.
(4) To the maximum extent practicable, the Secretary shall prescribe reasonable procedures designed to ensure that a selection under paragraph (3) of this subsection is made at least 6 months before the first applicable model year beginning after the selection.
(5) A manufacturer may not be required to comply with the standard under a selection under paragraph (3) of this subsection for a model year beginning earlier than 6 months after the date of the selection.
(6) A passenger motor vehicle line subject on October 25, 1992, to parts marking requirements under sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act (
(b)
(2) Under subsection (a) of this section, the theft rate for passenger motor vehicles of a line shall be determined by a fraction—
(A) the numerator of which is the number of new passenger motor vehicle thefts for that line during the 2-year period referred to in subsection (a)(1)(A) of this section; and
(B) the denominator of which is the sum of the respective production volumes of all passenger motor vehicles of that line (as reported to the Administrator of the Environmental Protection Agency under
(3) Under subsection (a) of this section, the median theft rate for all new passenger motor vehicle thefts during that 2-year period is the theft rate midway between the highest and the lowest theft rates determined under paragraph (2) of this subsection. If there is an even number of theft rates determined under paragraph (2), the median theft rate is the arithmetic average of the 2 adjoining theft rates midway between the highest and the lowest of those theft rates.
(4) In consultation with the Director of the Federal Bureau of Investigation, the Secretary periodically shall obtain from the most reliable source accurate and timely theft and recovery information and publish the information for review and comment. To the greatest extent possible, the Secretary shall use theft information reported by United States Government, State, and local police. After publication and opportunity for comment, the Secretary shall use the theft information to determine the median theft rate under this subsection. The Secretary and the Director shall take any necessary actions to improve the accuracy, reliability, and timeliness of the information, including ensuring that vehicles represented as stolen are really stolen.
(5) The Secretary periodically (but not more often than once every 2 years) may redetermine and prescribe by regulation the median theft rate under this subsection.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33104(a) | 15:2023(a)(1)–(4). | Oct. 20, 1972, |
| 15:2023(a)(5). | Oct. 20, 1972, |
|
| 33104(b) | 15:2022(g). | |
| 15:2023(b). | ||
| 33104(c) | 15:2023(c). | |
| 33104(d) | 15:2023(d). |
In subsection (a)(1)(A), the words "the 2-year period covering calendar years 1990 and 1991" are substituted for "the 2 calendar years immediately preceding the year in which the Anti Car Theft Act of 1992 is enacted" because that Act was enacted on October 25, 1992. The substitution also makes it clear that the 2-year period is to be treated as a single period.
In subsection (a)(1)(B), the words "after December 31, 1989," are substituted for "after the beginning of the 2-year period specified in subparagraph (A)" for consistency with clause (A).
In subsection (a)(6), the word "passenger" is added because the source provisions in the revised chapter apply to passenger motor vehicles.
In subsection (b)(2)(B), the words "Administrator of the" are added for clarity and consistency because of section 1(b) of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970,
In subsection (b)(4), the words "Immediately upon enactment of this subchapter" are omitted as executed. The words "or sources" are omitted because of 1:1.
Editorial Notes
References in Text
Sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act, referred to in subsec. (a)(6), are sections 602 and 603 of
§33105. Cost limitations
(a)
(1) on a manufacturer of motor vehicles, compliance costs of more than $15 a motor vehicle; or
(2) on a manufacturer of major replacement parts, compliance costs for each part of more than the reasonable amount (but less than $15) that the Secretary of Transportation specifies in the standard.
(b)
(1) the costs of identifying engines and transmissions may not be considered in calculating the manufacturer's costs under subsection (a) of this section; and
(2) the manufacturer may not be required under the standard to conform to any identification system for engines and transmissions that imposes greater costs on the manufacturer than are incurred under the identification system used by the manufacturer on October 25, 1984.
(c)
(A) "base period" means calendar year 1984.
(B) "price index" means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Secretary of Labor.
(2) At the beginning of each calendar year, as necessary data become available from the Bureau of Labor Statistics, the Secretary of Labor shall certify to the Secretary of Transportation and publish in the Federal Register the percentage difference between the price index for the 12 months before the beginning of the calendar year and the price index for the base period. For model years beginning in that calendar year, the amounts specified in subsection (a) of this section shall be adjusted by the percentage difference.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33105 | 15:2024. | Oct. 20, 1972, |
In subsection (a)(1) and (2), the words "compliance costs" are substituted for "costs . . . to comply with such standard" to eliminate unnecessary words. In clause (2), the words "reasonable amount (but less than $15)" are substituted for "reasonable lesser amount" for clarity.
In subsection (c)(2), the words "commencing on or after January 1, 1985" are omitted as obsolete.
§33106. Exemption for passenger motor vehicles equipped with anti-theft devices
(a)
(1) "anti-theft device" means a device to reduce or deter theft that—
(A) is in addition to the theft-deterrent devices required by motor vehicle safety standard numbered 114 in section 571.114 of title 49, Code of Federal Regulations;
(B) the manufacturer believes will be effective in reducing or deterring theft of motor vehicles; and
(C) does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses.
(2) "standard equipment" means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first purchaser customarily has the option to have installed.
(b)
(2) The Secretary may grant an exemption—
(A) for model year 1987, for not more than 2 lines of a manufacturer;
(B) for each of the model years 1988–1996, for not more than 2 additional lines of a manufacturer;
(C) for each of the model years 1997–2000, for not more than one additional line of a manufacturer; and
(D) for each of the model years after model year 2000, for the number of lines that the Attorney General decides under
(3) An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted.
(c)
(1) a detailed description of the device;
(2) the reasons for the manufacturer's conclusion that the device will be effective in reducing and deterring theft of motor vehicles; and
(3) additional information the Secretary reasonably may require to make the decision described in subsection (b)(1) of this section.
(d)
(e)
(1) for a model year after the model year in which the rescission occurs; and
(2) at least 6 months after the manufacturer receives written notice of the rescission from the Secretary.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33106(a)(1) | 15:2025(e). | Oct. 20, 1972, |
| 33106(a)(2) | 15:2025(a)(3). | |
| 33106(b) | 15:2025(a)(1), (2). | Oct. 20, 1972, |
| 33106(c) | 15:2025(b). | |
| 33106(d) | 15:2025(c). | |
| 33106(e) | 15:2025(d). |
In subsection (b)(1), the words "the application of any of" are omitted as surplus. The words "or lines" are omitted because of 1:1.
In subsection (b)(2)(A), the words "for model year 1987" are substituted for "For the initial model year to which such standard applies" for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words "that the Attorney General decides" are substituted for "for which the Secretary may grant such an exemption (if any) shall be determined" for clarity and because of the restatement.
In subsection (d), the words "for the line covered by the petition" are added for clarity.
Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words.
Pub. L. 103–429
This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
1994—Subsec. (b)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
§33107. Voluntary vehicle identification standards
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33107 | 15:2033. | Oct. 20, 1972, |
§33108. Monitoring compliance of manufacturers
(a)
(1) keep records;
(2) make reports;
(3) provide items and information; and
(4) allow an officer or employee designated by the Secretary to inspect the vehicles and parts and relevant records of the manufacturer.
(b)
(c)
(2) This subsection does not apply to a motor vehicle or major replacement part that is—
(A) intended only for export;
(B) labeled only for export on the vehicle or replacement part and the outside of any container until exported; and
(C) exported.
(d)
(1) there is an error in the identification (required by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major replacement part manufactured by the manufacturer; and
(2) the motor vehicle or major replacement part has entered interstate commerce.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33108(a) | 15:2026(a). | Oct. 20, 1972, |
| 33108(b) | 15:2026(b). | |
| 33108(c) | 15:2026(c). | |
| 33108(d) | 15:2026(d). |
In subsection (a), before clause (1), the words "is complying" are substituted for "has acted or is acting in compliance" and "determining whether such manufacturer has acted or is acting in compliance" to eliminate unnecessary words. The word "reasonably" is omitted as surplus. In clause (1), the word "keep" is substituted for "establish and maintain" for consistency in the revised title and to eliminate unnecessary words. In clause (4), the words "upon request", "duly", and "such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe" are omitted as surplus.
In subsection (b), the words "duly" and "enter and" are omitted as surplus.
In subsection (c)(2)(B), the words "or tagged" and "if any" are omitted as surplus.
Subsection (d) is substituted for 15:2026(d) for clarity.
§33109. National Stolen Passenger Motor Vehicle Information System
(a)
(A) the vehicle identification number.
(B) the make and model year.
(C) the date on which the vehicle was reported as stolen.
(D) the location of the law enforcement authority that received the report of the theft of the vehicle.
(E) the identification numbers of the vehicle parts (or derivatives of those numbers), at the time of the theft, if those numbers are different from the vehicle identification number of the vehicle.
(2) In establishing the System, the Attorney General shall consult with—
(A) State and local law enforcement authorities; and
(B) the National Crime Information Center Policy Advisory Board to ensure the security of the information in the System and that the System will not compromise the security of stolen passenger motor vehicle and passenger motor vehicle parts information in the System.
(3) If the Attorney General decides that the Center is not able to perform the functions of the System, the Attorney General shall make an agreement for the operation of the System separate from the Center.
(4) The Attorney General shall prescribe by regulation the effective date of the System.
(b)
(2) On request of an insurance carrier, a person lawfully selling or distributing passenger motor vehicle parts in interstate commerce, or an individual or enterprise engaged in the business of repairing passenger motor vehicles, the Attorney General (or the entity the Attorney General designates) immediately shall inform the insurance carrier, person, individual, or enterprise whether the System has a record of a vehicle or vehicle part with a particular vehicle identification number (or derivative of that number) being reported as stolen. The Attorney General may require appropriate verification to ensure that the request is legitimate and will not compromise the security of the System.
(c)
(2)(A) The committee is composed of the following 10 members:
(i) the Attorney General.
(ii) the Secretary of Transportation.
(iii) one individual who is qualified to represent the interests of the law enforcement community at the State level.
(iv) one individual who is qualified to represent the interests of the law enforcement community at the local level.
(v) one individual who is qualified to represent the interests of the automotive recycling industry.
(vi) one individual who is qualified to represent the interests of the automotive repair industry.
(vii) one individual who is qualified to represent the interests of the automotive rebuilders industry.
(viii) one individual who is qualified to represent the interests of the automotive parts suppliers industry.
(ix) one individual who is qualified to represent the interests of the insurance industry.
(x) one individual who is qualified to represent the interests of consumers.
(B) The Attorney General shall appoint the individuals described in subparagraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the committee.
(3) The committee shall make recommendations on developing and carrying out—
(A) the National Stolen Passenger Motor Vehicle Information System; and
(B) the verification system under
(4) Not later than April 25, 1993, the committee shall submit to the Attorney General, the Secretary, and Congress a report including the recommendations of the committee.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33109(a) | 15:2026c(a), (b) (last sentence), (c), (f). | Oct. 20, 1972, |
| 33109(b) | 15:2026c(b) (1st sentence), (e). | |
| 33109(c) | 15:2026c(d). |
In the section, the words "National Stolen Passenger Motor Vehicle Information System" are substituted for "National Stolen Auto Part Information System" for consistency with the terminology used and with the source provisions restated in the revised chapter.
In subsection (a)(1), before clause (A), the words "establish, and thereafter maintain" are substituted for "maintain" for clarity. The words "shall be located" are added for clarity.
In subsection (a)(2)(B), the words "stolen passenger motor vehicle and passenger motor vehicle parts information" are substituted for "stolen vehicle and vehicle parts information" for consistency with the terminology used in the revised chapter.
In subsection (a)(4), the text of 15:2026c(f) (1st sentence) is omitted as surplus. The words "the effective date of the System" are substituted for "shall be effective as provided" because of the restatement.
In subsection (b)(1), the words "intending to transfer" are substituted for "seeking to transfer" for clarity. The words "passenger motor vehicle or passenger motor vehicle part" are substituted for "a vehicle or vehicle parts" for consistency with the terminology used in the revised chapter. The words "whether the vehicle or part" are substituted for "whether a part" for consistency with source provisions restated in the revised section.
In subsection (b)(2), the words "shall inform the insurance carrier, person, individual, or enterprise whether" are substituted for "provide such insurance carrier or person with a determination as to whether" for clarity and consistency in the revised subsection. The words "may require appropriate verification" are substituted for "may require such verification as the Attorney General deems appropriate" to eliminate unnecessary words.
In subsection (c)(1), the words "and appoint" are omitted as unnecessary because of the restatement.
Editorial Notes
Amendments
1996—Subsec. (d).
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of 2-year period beginning on date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided for by law. See
§33110. Verifications involving junk and salvage motor vehicles
(a)
(b)
(A) under procedures the Attorney General prescribes by regulation under
(B) provide the purchaser or transferee of the vehicle from the insurance carrier verification identifying the vehicle identification number and verifying that the vehicle has not been reported as stolen or, if reported as stolen, that the carrier has recovered the vehicle and has proper legal title to the vehicle.
(2)(A) This subsection does not prohibit an insurance carrier from transferring a motor vehicle if, within a reasonable period of time during normal business operations (as decided by the Attorney General under
(i) has not been informed under the procedures prescribed in
(ii) has not otherwise established whether the vehicle has been reported as stolen.
(B) When a carrier transfers a motor vehicle for which the carrier has not established whether the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33110(a) | 15:2026a(a) (2d sentence). | Oct. 20, 1972, |
| 33110(b) | 15:2026a(a) (1st, last sentences). | |
| 33110(c) | 15:2026a(b). |
In subsection (b)(1)(B), the words "or derivative thereof" are omitted as unnecessary because of the definition of "vehicle identification number" in subsection (a) of the revised section.
In subsection (b)(2)(A)(i), the words "has not been informed under the procedures prescribed" are substituted for "has not received a determination under" for clarity and consistency in the revised chapter. In clause (ii), the words "has not otherwise established whether" are substituted for "to otherwise determine whether" for clarity.
In subsection (b)(2)(B), the words "When a carrier transfers a motor vehicle for which the carrier has not established whether the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen" are substituted for "except that such carrier shall provide a written certification of such lack of determination" for clarity and because of the restatement.
Statutory Notes and Related Subsidiaries
Effective Date
§33111. Verifications involving motor vehicle major parts
(a)
(1) first establishing, through a procedure the Attorney General by regulation prescribes in consultation with the Secretary of Transportation under
(2) providing the purchaser or transferee with a verification—
(A) identifying the vehicle identification number (or derivative of that number) of that major part; and
(B) verifying that the major part has not been reported as stolen.
(b)
(A) is the manufacturer of the major part;
(B) has purchased the major part directly from the manufacturer; or
(C) has received a verification from an insurance carrier under
(2) A person described under paragraph (1)(C) of this subsection that subsequently transfers or sells in commerce the motor vehicle or a major part of the vehicle shall provide the verification received from the carrier to the person to whom the vehicle or part is transferred or sold.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33111(a) | 15:2026b(a). | Oct. 20, 1972, |
| 33111(b) | 15:2026b(c) (1st, 2d sentences). | |
| 33111(c) | 15:2026b(b), (c) (last sentence). |
In subsection (a), before clause (1), the word "distribute" is omitted as being included in "sell". In clause (1), the word "establishing" is substituted for "determining" for clarity and consistency in the revised title.
Subsection (b)(2) is substituted for 15:2026b(c) (2d sentence) for clarity.
Statutory Notes and Related Subsidiaries
Effective Date
[§33112. Repealed. Pub. L. 112–141, div. C, title I, §31313(2), July 6, 2012, 126 Stat. 772 ]
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2012, see section 3(a) of
§33113. Theft reports
(a)
(1) information on the number of trucks, multipurpose passenger vehicles, and motorcycles distributed for sale in interstate commerce that are stolen and recovered annually, compiled by model, make, and line;
(2) information on the extent to which trucks, multipurpose passenger vehicles, and motorcycles stolen annually are dismantled to recover parts or are exported;
(3) a description of the market for the stolen parts;
(4) information on the premiums charged by insurers of comprehensive coverage of trucks, multipurpose passenger vehicles, or motorcycles, including any increase in the premiums charged because any of those motor vehicles is a likely candidate for theft;
(5) an assessment of whether the identification of parts of trucks, multipurpose passenger vehicles, and motorcycles is likely—
(A) to decrease the theft rate of those motor vehicles;
(B) to increase the recovery rate of those motor vehicles;
(C) to decrease the trafficking in stolen parts of those motor vehicles;
(D) to stem the export and import of those stolen motor vehicles or parts; or
(E) to have benefits greater than the costs of the identification; and
(6) recommendations on whether, and to what extent, the identification of trucks, multipurpose passenger vehicles, and motorcycles should be required by law.
(b)
(1) information on—
(A) the methods and procedures used by public and private entities to collect, compile, and disseminate information on the theft and recovery of motor vehicles, including classes of motor vehicles; and
(B) the reliability and timeliness of the information and how the information can be improved;
(2) information on the number of motor vehicles distributed for sale in interstate commerce that are stolen and recovered annually, compiled by class, model, make, and line;
(3) information on the extent to which motor vehicles stolen annually are dismantled to recover parts or are exported;
(4) a description of the market for the stolen parts;
(5) information on—
(A) the costs to manufacturers and purchasers of passenger motor vehicles of compliance with the standards prescribed under this chapter;
(B) the beneficial impacts of the standards and the monetary value of the impacts; and
(C) the extent to which the monetary value is greater than the costs;
(6) information on the experience of officials of the United States Government, States, and localities in—
(A) making arrests and successfully prosecuting persons for violating a law set forth in title II or III of the Motor Vehicle Theft Law Enforcement Act of 1984;
(B) preventing or reducing the number and rate of thefts of motor vehicles that are dismantled for parts subject to this chapter; and
(C) preventing or reducing the availability of used parts that are stolen from motor vehicles subject to this chapter;
(7) information on the premiums charged by insurers of comprehensive coverage of motor vehicles subject to this chapter, including any increase in the premiums charged because a motor vehicle is a likely candidate for theft, and the extent to which the insurers have reduced for the benefit of consumers the premiums, or foregone premium increases, because of this chapter;
(8) information on the adequacy and effectiveness of laws of the United States and the States aimed at preventing the distribution and sale of used parts that have been removed from stolen motor vehicles and the adequacy of systems available to enforcement personnel for tracing parts to determine if they have been stolen from a motor vehicle;
(9) an assessment of whether the identification of parts of other classes of motor vehicles is likely—
(A) to decrease the theft rate of those vehicles;
(B) to increase the recovery rate of those vehicles;
(C) to decrease the trafficking in stolen parts of those vehicles;
(D) to stem the export and import of those stolen vehicles, parts, or components; or
(E) to have benefits greater than the costs of the identification; and
(10) other relevant and reliable information available to the Secretary about the impact, including the beneficial impact, of the laws set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984 on law enforcement, consumers, and manufacturers; and
(11) recommendations (including, as appropriate, legislative and administrative recommendations) for—
(A) continuing without change the standards prescribed under this chapter;
(B) amending this chapter to cover more or fewer lines of passenger motor vehicles;
(C) amending this chapter to cover other classes of motor vehicles; or
(D) ending the standards for all future motor vehicles.
(c)
(A) information reported under this chapter by insurers of motor vehicles and manufacturers of motor vehicles and major replacement parts;
(B) information provided by the Federal Bureau of Investigation;
(C) experience obtained in carrying out this chapter;
(D) experience of the Government under the laws set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984; and
(E) other relevant and reliable information available to the Secretary.
(2) In preparing each report, the Secretary shall consult with the Attorney General and State and local law enforcement officials, as appropriate.
(3) The report under subsection (b) of this section shall—
(A) cover a period of at least 4 years after the standards required by this chapter are prescribed; and
(B) reflect any information, as appropriate, from the report under subsection (a) of this section, updated from the date of the report.
(4) At least 90 days before submitting each report to Congress, the Secretary shall publish a proposed report for public review and an opportunity of at least 45 days for written comment. The Secretary shall consider those comments in preparing the report to be submitted and include a summary of the comments with the submitted report.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33113 | 15:2034. | Oct. 20, 1972, |
In this section, the word "information" is substituted for "data" for consistency in the revised title. The word "standards" is substituted for "standard" because there is more than one standard prescribed under this chapter.
In subsection (a), before clause (1), the words "October 25, 1995" are substituted for "3 years after October 25, 1992" (the date of enactment of the Anti-Car Theft Act of 1992) for clarity and to eliminate unnecessary words. In clause (1), the words "distributed for sale in interstate commerce that are" are substituted for "for all such motor vehicles distributed for sale in interstate commerce" for clarity. In clause (5)(A), the word "decrease" is substituted for "have . . . a beneficial impact in decreasing" for consistency and to eliminate unnecessary words.
In subsection (b), before clause (1), the words "October 25, 1997" are substituted for "5 years after October 25, 1992" (the date of enactment of the Anti-Car Theft Act of 1992) for clarity and to eliminate unnecessary words. In clause (1)(B), the word "accuracy" is omitted as redundant. In clause (2), the words "distributed for sale in interstate commerce that are" are substituted for "for all such motor vehicles distributed for sale in interstate commerce" for clarity. In clause (9)(A), the word "decrease" is substituted for "have . . . a beneficial impact in decreasing" for consistency and to eliminate unnecessary words.
In subsection (c)(1)(C), the words "carrying out" are substituted for "the implementation, administration, and enforcement" for consistency and to eliminate unnecessary words.
Editorial Notes
References in Text
The Motor Vehicle Theft Law Enforcement Act of 1984, referred to in subsecs. (b)(6)(A), (10) and (c)(1)(D), is
§33114. Prohibited acts
(a)
(1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a motor vehicle or major replacement part subject to a standard prescribed under
(2) fail to comply with a regulation prescribed by the Secretary of Transportation or Attorney General under this chapter;
(3) fail to keep specified records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter;
(4) fail to provide the certification required by
(5) knowingly—
(A) own, operate, maintain, or control a chop shop;
(B) conduct operations in a chop shop; or
(C) transport a passenger motor vehicle or passenger motor vehicle part to or from a chop shop.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33114 | 15:2027(a), (b). | Oct. 20, 1972, |
| 15:2027(c)(1). | Oct. 20, 1972, |
In subsection (a)(1), the words "which is manufactured on or after the date the standard under
In subsection (a)(5)(A), the words "of any kind" are omitted as unnecessary because of the definition of "chop shop" in section 33101 of the revised title.
§33115. Civil penalties and enforcement
(a)
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The Secretary may compromise the amount of a penalty.
(3) In determining the amount of a civil penalty or compromise under this subsection, the Secretary shall consider the size of the person's business and the gravity of the violation.
(4) The Attorney General shall bring a civil action in a United States district court to collect a civil penalty imposed under this subsection.
(5) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(b)
(2) As appropriate and in consultation with the Attorney General, the Secretary shall—
(A) bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this section;
(B) impose and recover the penalty described in paragraph (1) of this subsection; or
(C) take both the actions described in clauses (A) and (B) of this paragraph.
(c)
(2)(A) When practicable, the Secretary—
(i) shall notify a person against whom an action under this subsection is planned;
(ii) shall give the person an opportunity to present that person's views; and
(iii) except for a knowing and willful violation, shall give the person a reasonable opportunity to comply.
(B) The failure of the Secretary to comply with subparagraph (A) of this paragraph does not prevent a court from granting appropriate relief.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33115(a) | 15:2028(a). | Oct. 20, 1972, |
| 33115(b) | 15:2027(c)(2). | Oct. 20, 1972, |
| 33115(c)(1) | 15:2028(b)(1) (1st sentence). | |
| 33115(c)(2) | 15:2028(b)(1) (2d, last sentences). | |
| 33115(d) | 15:2028(b)(2). | |
| 33115(e) | 15:2028(b)(3), (4). |
In subsection (a)(1), the words "section 33114(a)(1)–(4)" are used to correct an erroneous cross-reference in section 611(a)(1) of the Motor Vehicle Information and Cost Savings Act (
In subsection (a)(2), the word "imposes" is substituted for "assessed" for consistency.
In subsection (a)(3), the words "the appropriateness of such penalty to" are omitted as surplus.
In subsection (a)(5), the words "United States district court" are added for clarity and consistency in the revised title.
In subsection (c)(1), the words "The Attorney General may bring a civil action" are substituted for "Upon petition by the Attorney General" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "on behalf of the United States" are omitted as surplus. The words "shall have jurisdiction" are omitted because of 28:1331. The words "for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure" are omitted as surplus because the rules apply in the absence of an exception from them. The word "enjoin" is substituted for "restrain" for consistency in the revised title.
In subsection (d), the words "the defendant may demand a jury trial" are substituted for "trial shall be by the court, or, upon demand of the accused, by a jury" to eliminate unnecessary words and for consistency in the revised title.
§33116. Confidentiality of information
(a)
(1) to another officer or employee of the United States Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter (except a proceeding under section 33104(a)(3)).
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33116 | 15:2029. | Oct. 20, 1972, |
In subsection (a), before clause (1), the words "reported to, or otherwise" and "or the Secretary's representative" are omitted as surplus. The words "related to a confidential matter referred to" are substituted for "contains or relates to a trade secret or other matter referred to" to eliminate unnecessary words and for consistency in the revised title. The words "or in
In subsection (b), the words "authorized to have the information" are added for clarity and consistency with similar provisions in other chapters in this part.
§33117. Judicial review
A person that may be adversely affected by a regulation prescribed under this chapter may obtain judicial review of the regulation under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33117 | 15:2030. | Oct. 20, 1972, |
The words "regulation prescribed" are substituted for "any provision of any standard or other rule" to eliminate unnecessary words and because "rule" and "regulation" are synonymous. The words "in the case of any standard, rule, or other action under this subchapter" are omitted as surplus.
§33118. Preemption of State and local law
When a motor vehicle theft prevention standard prescribed under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33118 | 15:2031. | Oct. 20, 1972, |
The words "may not have" are substituted for "no . . . shall have any authority either to establish, or to continue in effect" to eliminate unnecessary words.