49 U.S.C. § 33101 — Definitions

Page 983 TITLE 49—TRANSPORTATION § 33101 Sec. 33111. Verifications involving motor vehicle major parts. [33112. Repealed.] 33113. Theft reports. 33114. Prohibited acts. 33115. Civil penalties and enforcement. 33116. Confidentiality of information. 33117. Judicial review. 33118. Preemption of State and local law. Editorial Notes AMENDMENTS 2012—Pub. L. 112–141, div. C, title I, § 31313(1), July 6, 2012, 126 Stat. 772, struck out item 33112 ‘‘Insurance re- ports and information’’. § 33101. Definitions In this chapter— (1) ‘‘chop shop’’ means a building, lot, facil- ity, or other structure or premise at which at least one person engages in receiving, con- cealing, destroying, disassembling, disman- tling, 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 deriv- ative of that number; and (B) to distribute, sell, or dispose of the ve- hicle or part in interstate or foreign com- merce. (2) ‘‘covered major part’’ means a major part selected under section 33104 of this title for coverage by the vehicle theft prevention standard prescribed under section 33102 or 33103 of this title. (3) ‘‘existing line’’ means a line introduced into commerce before January 1, 1990. (4) ‘‘first purchaser’’ means the person mak- ing the first purchase other than for resale. (5) ‘‘line’’ means a name that a manufac- turer 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 compart- ment; (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 ve- hicle that the Secretary of Transportation by regulation specifies as comparable in de- sign 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 com- pleted 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 pur- chaser 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 section 32901(a) of this title. (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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1076; Pub. L. 103–429, § 6(44), Oct. 31, 1994, 108 Stat. 4383; Pub. L. 104–287, § 6(d)(1)(B), Oct. 11, 1996, 110 Stat. 3399.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 33101(1) ...... 15:2021(11). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 601(11); added Oct. 25, 1992, Pub. L. 102–519, § 301(b), 106 Stat. 3394. 33101(2) ...... 15:2021(6). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 601(2)–(7), (9), (10); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2755, 2756. 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, Pub. L. 92–513, 86 Stat. 947, § 601(1), (8); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2755; restated Oct. 25, 1992, Pub. L. 102–519, § 301(a), (c), 106 Stat. 3393, 3394. 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 sub- stituted for ‘‘section 2022(d)(1)(B)’’ to correct an erro- neous cross-reference. Section 302(1) of the Act of Octo- ber 25, 1992 (Public Law 102–519, 106 Stat. 3394), restated section 602(d)(1)(A) and (B) of the Motor Vehicle Infor- mation and Cost Savings Act (Public Law 92–513, 86 Stat. 947) as section 602(d)(1) without making a cor- responding change in the cross-reference restated in this section. In clause (3), the words ‘‘before January 1, 1990’’ are substituted for ‘‘before the beginning of the 2-year pe- riod specified in section 2023(a)(1)(A) of this title’’ for clarity. See the revision notes for section 33104 of the revised title. 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. 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 standard that conforms to the requirements of this chapter. The standard shall apply to— (A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under section 33104 of this title as high theft lines; and (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) STANDARD REQUIREMENTS.—The standard shall be practicable and provide relevant objec- tive criteria. (c) LIMITATIONS ON MAJOR PART AND REPLACE- MENT PART STANDARDS.—(1) For a major part in- stalled by the manufacturer of the motor vehi- cle, the standard may not require a part to have more than one identification. (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 identifica- tion except a symbol identifying the manufac- turer and a common symbol identifying the part as a major replacement part. (d) RECORDS AND REPORTS.—This chapter does not authorize the Secretary to require a person to keep records or make reports, except as pro- vided in sections 33104(c), 33106(c), 33108(a), and 33112 1 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1077.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33102(a)(1) .. 15:2022(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(a), (b), (c)(1)–(3), (5), (d)(2); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756. 33102(a)(2) .. 15:2022(c)(1)–(3), (5). 33102(b) ...... 15:2022(b). 33102(c) ...... 15:2022(d)(1). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(d)(1); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756; restated Oct. 25, 1992, Pub. L. 102–519, § 302(1), 106 Stat. 3394. 33102(d) ...... 15:2022(e). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 602(e); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2756; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. 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 Section 33112 of this title, referred to in subsec. (d), was repealed by Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772. § 33103. Theft prevention standard for other lines (a) GENERAL.—Not later than October 25, 1994, the Secretary of Transportation shall prescribe a vehicle theft standard that conforms to the re- quirements 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 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 sub- section (c) of this section to apply the standard, the Secretary shall apply that standard to cov- ered 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 as high theft lines; and