49 U.S.C. § 33107 — Voluntary vehicle identification stand-

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.