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49 U.S.C. § 33103 — Theft prevention standard for other lines

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 33103 — Theft prevention standard for other lines

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Stable record: federal_law:legal_authorities:record_usc_0d892e5cb4177af8799472a3
Source file: Laws/federal/codes/united-states-code/title-49/section-33103-theft-prevention-standard-for-other-lines--bc407e0d4f.md
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Source location: Title 49, Chapter 331, § 33103; chapter-331-theft-prevention.md

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**(a) General.—** Not later than October 25, 1994, the Secretary of Transportation shall prescribe a vehicle theft standard that conforms to the requirements of this chapter for covered major parts that manufacturers install in passenger motor vehicles (except light duty trucks) in not more than 50 percent of the lines not designated under [section 33104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33104&num=0&edition=prelim) as high theft lines. **(b) Extension of Application.—** (1) Not later than 3 years after the standard is prescribed under subsection (a) of this section and based on the finding of the Attorney General under subsection (c) of this section to apply the standard, the Secretary 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)— (A) not designated under [section 33104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33104&num=0&edition=prelim) as high theft lines; and (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) Initial Review of Effectiveness.—** Before the Secretary begins a regulatory proceeding under subsection (b) of this section, the Attorney General shall make a finding that the Secretary shall apply the standard prescribed under subsection (a) of this section unless the Attorney General finds, based on information collected and analyzed under section 33112 11 See References in Text note below. of this title and other information the Attorney General develops after providing notice and an opportunity for a public hearing, that applying the standard prescribed in subsection (a) to the remaining lines of passenger motor vehicles (except light duty trucks) not covered by that standard would not substantially inhibit chop shop operations and motor vehicle thefts. The Attorney General also shall consider and include in the record additional costs, effectiveness, competition, and available alternative factors. The Attorney General shall submit to the Secretary the finding and record on which the finding is based. **(d) Long Range Review of Effectiveness.—** (1) Not later than December 31, 1999, the Attorney General shall make separate findings, after notice and an opportunity for a public hearing, on the following: (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 [section 33106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33106&num=0&edition=prelim) are an effective substitute for parts marking in substantially inhibiting motor vehicle theft. (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 [section 33115(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33115/b&num=0&edition=prelim) and [section 2322 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2322&num=0&edition=prelim) on chop shops have been effective in substantially inhibiting operation of chop shops and motor vehicle theft; (iv) base that finding on the 3-year and 5-year reports issued by the Secretary under [section 33113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33113&num=0&edition=prelim); and (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 [section 33106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33106&num=0&edition=prelim) for the model years after model year 2000 at one of the following levels that the Attorney General decides: at the level authorized before October 25, 1992, or at the level provided in [section 33106(b)(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33106/b/2/C&num=0&edition=prelim) for model year 2000. **(e) Effective Date of Standard.—** A standard prescribed under this section takes effect at least 6 months after the date the standard is prescribed, except that the Secretary may prescribe an earlier effective date if the Secretary— (1) decides with good cause that the earlier date is in the public interest; and (2) publishes the reasons for the decision. **(f) Notification of Congress.—** The Secretary and the Attorney General shall inform the appropriate legislative committees of Congress with jurisdiction over this part and [section 2322 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2322&num=0&edition=prelim) of actions taken or planned under this section.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 33106 — Exemption for passenger motor vehicles equipped with anti-theft devices

**(a) Definitions.—** In this section— (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) Granting Exemptions and Limitations.—** (1) A manufacturer may petition the Secretary of Transportation for an exemption from a requirement of a standard prescribed under section 33102 or 33103 of this title for a line of passenger motor vehicles equipped as standard equipment with an anti-theft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard. (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 [section 33103(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33103/d/3&num=0&edition=prelim). (3) An additiona

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 33104 — Designation of high theft vehicle lines and parts

**(a) Designation, Nonapplication, Selection, and Procedures.—** (1) For purposes of the standard under [section 33102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section33102&num=0&edition=prelim), the following are high theft lines: (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

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2322 — Chop shops

**(a) In General.—** (1) **Unlawful action.—** — Any person who knowingly owns, operates, maintains, or controls a chop shop or conducts operations in a chop shop shall be punished by a fine under this title or by imprisonment for not more than 15 years, or both. If a conviction of a person under this paragraph is for a violation committed after the first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to any fine and imprisonment. (2) **Injunctions.—** — The Attorney General shall, as appropriate, in the case of any person who violates paragraph (1), commence a civil action for permanent or temporary injunction to restrain such violation. **(b) Definition.—** For purposes of this section, the term “chop shop” means any building, lot, facility, or other structure or premise where one or more persons engage in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing any passenger motor vehicle or passenger motor vehicle part which has been unlawfully obtained in order to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number or derivative thereof, of such vehicle or vehicle part and to distribute, sell, or dispose of such vehicle or vehicle part in interstate or foreign commerce.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 33113 — Theft reports

**(a) Truck, Multipurpose Passenger Vehicle, and Motorcycle Report.—** Not later than October 25, 1995, the Secretary of Transportation shall submit a report to Congress that includes— (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) Motor Vehicle Report.—** Not later than October 25, 1997, the Secretary shall submit a report to Congress that includes— (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

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 33112 — Repealed. Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772]

### Statutory Notes Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1087, related to insurance reports and information. #### Effective Date of Repeal Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under [section 101 of Title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section101&num=0&edition=prelim), Highways.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 33103 — Theft prevention standard for other lines

Page 984 TITLE 49—TRANSPORTATION § 33102 1 See References in Text note below. In clause (9), the words ‘‘after December 31, 1989’’ are substituted for ‘‘on or after the beginning of the 2-year period specified in section 2023(a)(1)(A) of this title’’ for clarity and consistency. PUB. L. 103–429, § 6(44)(A) This corrects a cross-reference in 49:33101(2) by elimi- nating the reference to 49:33102(c)(1). Section 302(1) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3394) restated section 602(d)(1)(A) and (B) of the Motor Vehicle Information and Cost Savings Act (Pub- lic Law 92–513, 86 Stat. 947) as section 602(d)(1) without making a change in the cross-reference in section 601(6) to section 602(d)(1)(B). PUB. L. 103–429, § 6(44)(B) This makes a conforming amendment for consistency with the style of title 49. Editorial Notes AMENDMENTS 1996—Pub. L. 104–287 made technical amendment to directory language of Pub. L. 103–429, § 6(44)(B). See 1994 Amendment note below. 1994—Par. (2). Pub. L. 103–429, § 6(44)(B), as amended by Pub. L. 104–287, inserted ‘‘of this title’’ before period at end. Pub. L. 103–429, § 6(44)(A), substituted ‘‘section 33104’’ for ‘‘sections 33102(c)(1) and 33104’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–287, § 6(d), Oct. 11, 1996, 110 Stat. 3398, pro- vided that the amendment made by section 6(d)(1)(B) is effective Oct. 31, 1994. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 33102. Theft prevention standard for high theft lines (a) GENERAL.—(1) The Secretary of Transpor- tation by regulation shall prescribe a vehicle theft prevention

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