49 U.S.C. § 33108 — Monitoring compliance of manufacturers

Page 989 TITLE 49—TRANSPORTATION § 33108 Editorial Notes AMENDMENTS 1994—Subsec. (b)(3). Pub. L. 103–429 substituted ‘‘para- graph (2)(B) or (C) of this subsection’’ for ‘‘subpara- graph (2)(B) or (C) of this paragraph’’. Statutory Notes and Related Subsidiaries 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. § 33107. Voluntary vehicle identification stand- ards (a) ELECTION TO INSCRIBE OR AFFIX IDENTI- FYING MARKS.—The Secretary of Transportation by regulation may prescribe a vehicle theft pre- vention standard under which a person may elect to inscribe or affix an identifying number or symbol on major parts of a motor vehicle manufactured or owned by the person for pur- poses of section 511 of title 18 and related provi- sions. The standard may include provisions for registration of the identification with the Sec- retary or a person designated by the Secretary. (b) STANDARD REQUIREMENTS.—The standard under this section shall be practicable and pro- vide relevant objective criteria. (c) VOLUNTARY COMPLIANCE.—Compliance with the standard under this section is voluntary. Failure to comply does not subject a person to a penalty or enforcement under this chapter. (d) COMPLIANCE WITH OTHER STANDARDS.— Compliance with the standard under this section does not relieve a manufacturer from a require- ment of a standard prescribed under section 33102 or 33103 of this title. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1083.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33107 .......... 15:2033. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 616; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2765; Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. § 33108. Monitoring compliance of manufacturers (a) RECORDS, REPORTS, INFORMATION, AND IN- SPECTION.—To enable the Secretary of Transpor- tation to decide whether a manufacturer of motor vehicles containing a part subject to a standard prescribed under section 33102 or 33103 of this title, or a manufacturer of major replace- ment parts subject to the standard, is complying with this chapter and the standard, the Sec- retary may require the manufacturer to— (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 manufac- turer. (b) ENTRY AND INSPECTION.—To enforce this chapter, an officer or employee designated by the Secretary, on presenting appropriate creden- tials and a written notice to the owner, oper- ator, or agent in charge, may inspect a facility in which motor vehicles containing major parts subject to the standard, or major replacement parts subject to the standard, are manufactured, held for introduction into interstate commerce, or held for sale after introduction into inter- state commerce. An inspection shall be con- ducted at a reasonable time, in a reasonable way, and with reasonable promptness. (c) CERTIFICATION OF COMPLIANCE.—(1) A man- ufacturer of a motor vehicle subject to the standard, and a manufacturer of a major re- placement part subject to the standard, shall provide at the time of delivery of the vehicle or part a certification that the vehicle or part con- forms to the applicable motor vehicle theft pre- vention standard. The certification shall accom- pany the vehicle or part until its delivery to the first purchaser. The Secretary by regulation may prescribe the type and form of the certifi- cation. (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 con- tainer until exported; and (C) exported. (d) NOTIFICATION OF ERROR.—A manufacturer shall notify the Secretary if the manufacturer discovers that— (1) there is an error in the identification (re- quired by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major re- placement part manufactured by the manufac- turer; and (2) the motor vehicle or major replacement part has entered interstate commerce. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1083.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33108(a) ...... 15:2026(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 606; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2760. 33108(b) ...... 15:2026(b). 33108(c) ...... 15:2026(c). 33108(d) ...... 15:2026(d). In subsection (a), before clause (1), the words ‘‘is com- plying’’ are substituted for ‘‘has acted or is acting in compliance’’ and ‘‘determining whether such manufac- turer has acted or is acting in compliance’’ to elimi- nate unnecessary words. The word ‘‘reasonably’’ is omitted as surplus. In clause (1), the word ‘‘keep’’ is substituted for ‘‘establish and maintain’’ for consist- ency 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 reason- able 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. Page 990 TITLE 49—TRANSPORTATION § 33109 § 33109. National Stolen Passenger Motor Vehicle Information System (a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993, the Attorney General shall establish, and thereafter maintain, a National Stolen Passenger Motor Vehicle Information System containing the vehicle identification numbers of stolen passenger motor vehicles and stolen passenger motor vehicle parts. The Sys- tem shall be located in the National Crime In- formation Center and shall include at least the following information on each passenger motor vehicle reported to a law enforcement authority as stolen and not recovered: (A) the vehicle identification number. (B) the make and model year. (C) the date on which the vehicle was re- ported as stolen. (D) the location of the law enforcement au- thority 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 dif- ferent 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 authori- ties; 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 Sys- tem. (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 sepa- rate from the Center. (4) The Attorney General shall prescribe by regulation the effective date of the System. (b) REQUESTS FOR INFORMATION.—(1) The At- torney General shall prescribe by regulation procedures under which an individual or entity intending to transfer a passenger motor vehicle or passenger motor vehicle part may obtain in- formation on whether the vehicle or part is list- ed in the System as stolen. (2) On request of an insurance carrier, a person lawfully selling or distributing passenger motor vehicle parts in interstate commerce, or an indi- vidual or enterprise engaged in the business of repairing passenger motor vehicles, the Attor- ney General (or the entity the Attorney General designates) immediately shall inform the insur- ance carrier, person, individual, or enterprise whether the System has a record of a vehicle or vehicle part with a particular vehicle identifica- tion 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 com- promise the security of the System. (c) ADVISORY COMMITTEE.—(1) Not later than December 24, 1992, the Attorney General shall establish in the Department of Justice an advi- sory committee. The Attorney General shall de- velop the System with the advice and rec- ommendations of the committee. (2)(A) The committee is composed of the fol- lowing 10 members: (i) the Attorney General. (ii) the Secretary of Transportation. (iii) one individual who is qualified to rep- resent the interests of the law enforcement community at the State level. (iv) one individual who is qualified to rep- resent the interests of the law enforcement community at the local level. (v) one individual who is qualified to rep- resent the interests of the automotive recy- cling industry. (vi) one individual who is qualified to rep- resent the interests of the automotive repair industry. (vii) one individual who is qualified to rep- resent the interests of the automotive rebuild- ers industry. (viii) one individual who is qualified to rep- resent the interests of the automotive parts suppliers industry. (ix) one individual who is qualified to rep- resent the interests of the insurance industry. (x) one individual who is qualified to rep- resent the interests of consumers. (B) The Attorney General shall appoint the in- dividuals described in subparagraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the committee. (3) The committee shall make recommenda- tions on developing and carrying out— (A) the National Stolen Passenger Motor Ve- hicle Information System; and (B) the verification system under section 33110 of this title. (4) Not later than April 25, 1993, the committee shall submit to the Attorney General, the Sec- retary, and Congress a report including the rec- ommendations of the committee. (d) IMMUNITY.—Any person performing any ac- tivity under this section or section 33110 or 33111 in good faith and with the reasonable belief that such activity was in accordance with such sec- tion shall be immune from any civil action re- specting such activity which is seeking money damages or equitable relief in any court of the United States or a State. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1084; Pub. L. 104–152, § 5, July 2, 1996, 110 Stat. 1385.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33109(a) ...... 15:2026c(a), (b) (last sentence), (c), (f). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 609; added Oct. 25, 1992, Pub. L. 102–519, § 306(e), 106 Stat. 3398. 33109(b) ...... 15:2026c(b) (1st sen- tence), (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 ‘‘es- tablish, and thereafter maintain’’ are substituted for ‘‘maintain’’ for clarity. The words ‘‘shall be located’’ are added for clarity.