49 U.S.C. § 33113 — Theft reports

Page 992 TITLE 49—TRANSPORTATION [§ 33112 recycling, or repairing passenger motor vehicles may not knowingly sell in commerce or transfer or install a major part marked with an identi- fication number without— (1) first establishing, through a procedure the Attorney General by regulation prescribes in consultation with the Secretary of Trans- portation under section 33109 of this title, that the major part has not been reported as stolen; and (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) NONAPPLICATION.—(1) Subsection (a) of this section does not apply to a person that— (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 insur- ance carrier under section 33110 of this title that the motor vehicle from which the major part is derived has not been reported as stolen, or that the carrier has not established whether that vehicle has been stolen. (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) REGULATIONS.—The Attorney General shall prescribe regulations to carry out this section. The regulations shall include regulations pre- scribed in consultation with the Secretary that are necessary to ensure that a verification a per- son provides under subsection (a)(2) of this sec- tion is uniform, effective, and resistant to fraud- ulent use. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33111(a) ...... 15:2026b(a). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 608; added Oct. 25, 1992, Pub. L. 102–519, § 306(c), 106 Stat. 3397. 33111(b) ...... 15:2026b(c) (1st, 2d sentences). 33111(c) ...... 15:2026b(b), (c) (last sentence). In subsection (a), before clause (1), the word ‘‘dis- tribute’’ is omitted as being included in ‘‘sell’’. In clause (1), the word ‘‘establishing’’ is substituted for ‘‘determining’’ for clarity and consistency in the re- vised title. Subsection (b)(2) is substituted for 15:2026b(c) (2d sen- tence) for clarity. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–272, § 4(v), July 5, 1994, 108 Stat. 1373, pro- vided that: ‘‘Section 33111 of title 49, United States Code, as enacted by section 1 of this Act, is effective on the date on which the National Stolen Passenger Motor Vehicle Information System is established under sec- tion 33109 of title 49.’’ [§ 33112. Repealed. Pub. L. 112–141, div. C, title I, § 31313(2), July 6, 2012, 126 Stat. 772] Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1087, related to insurance reports and information. Statutory Notes and Related Subsidiaries 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, Highways. § 33113. Theft reports (a) TRUCK, MULTIPURPOSE PASSENGER VEHICLE, AND MOTORCYCLE REPORT.—Not later than Octo- ber 25, 1995, the Secretary of Transportation shall submit a report to Congress that in- cludes— (1) information on the number of trucks, multipurpose passenger vehicles, and motor- cycles distributed for sale in interstate com- merce 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 motor- cycles, including any increase in the pre- miums charged because any of those motor ve- hicles is a likely candidate for theft; (5) an assessment of whether the identifica- tion of parts of trucks, multipurpose pas- senger 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, mul- tipurpose passenger vehicles, and motorcycles should be required by law. (b) MOTOR VEHICLE REPORT.—Not later than October 25, 1997, the Secretary shall submit a re- port to Congress that includes— (1) information on— (A) the methods and procedures used by public and private entities to collect, com- pile, and disseminate information on the theft and recovery of motor vehicles, includ- ing classes of motor vehicles; and (B) the reliability and timeliness of the in- formation and how the information can be improved; (2) information on the number of motor ve- hicles distributed for sale in interstate com- merce that are stolen and recovered annually, compiled by class, model, make, and line; Page 993 TITLE 49—TRANSPORTATION § 33113 (3) information on the extent to which motor vehicles stolen annually are dismantled to re- cover parts or are exported; (4) a description of the market for the stolen parts; (5) information on— (A) the costs to manufacturers and pur- chasers of passenger motor vehicles of com- pliance 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 pros- ecuting 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 dis- mantled for parts subject to this chapter; and (C) preventing or reducing the availability of used parts that are stolen from motor ve- hicles 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 re- duced for the benefit of consumers the pre- miums, or foregone premium increases, be- cause of this chapter; (8) information on the adequacy and effec- tiveness 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 identifica- tion of parts of other classes of motor vehicles is likely— (A) to decrease the theft rate of those ve- hicles; (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 en- forcement, consumers, and manufacturers; and (11) recommendations (including, as appro- priate, legislative and administrative rec- ommendations) for— (A) continuing without change the stand- ards 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) BASES OF REPORTS.—(1) The reports under subsections (a) and (b) of this section each shall be based on— (A) information reported under this chapter by insurers of motor vehicles and manufactur- ers of motor vehicles and major replacement parts; (B) information provided by the Federal Bu- reau 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 ap- propriate. (3) The report under subsection (b) of this sec- tion shall— (A) cover a period of at least 4 years after the standards required by this chapter are pre- scribed; 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 re- port to Congress, the Secretary shall publish a proposed report for public review and an oppor- tunity 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1089.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33113 .......... 15:2034. Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 617; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2765; Oct. 25, 1992, Pub. L. 102–519, § 306(a), (e), 106 Stat. 3397, 3400. 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 ‘‘Octo- ber 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 inter- state commerce’’ for clarity. In clause (5)(A), the word ‘‘decrease’’ is substituted for ‘‘have . . . a beneficial im- pact in decreasing’’ for consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the words ‘‘Octo- ber 25, 1997’’ are substituted for ‘‘5 years after October Page 994 TITLE 49—TRANSPORTATION § 33114 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 bene- ficial 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 un- necessary 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 Pub. L. 98–547, Oct. 25, 1984, 98 Stat. 2754. Titles II and III of that act enacted sections 511, 512, 553, and 2320 [now 2321] of Title 18, Crimes and Criminal Procedure, and section 1627 of Title 19, Customs Duties, and amended sections 1961, 2311, and 2313 of Title 18. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under sec- tion 1901 of Title 15, Commerce and Trade, and Tables. § 33114. Prohibited acts (a) GENERAL.—A person may not— (1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in inter- state commerce, or import into the United States, a motor vehicle or major replacement part subject to a standard prescribed under section 33102 or 33103 of this title, unless it conforms to the standard; (2) fail to comply with a regulation pre- scribed by the Secretary of Transportation or Attorney General under this chapter; (3) fail to keep specified records, refuse ac- cess to or copying of records, fail to make re- ports or provide items or information, or fail or refuse to allow entry or inspection, as re- quired by this chapter; (4) fail to provide the certification required by section 33108(c) of this title, or provide a certification that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material re- spect; or (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) NONAPPLICATION.—Subsection (a)(1) of this section does not apply to a person establishing that in the exercise of reasonable care the per- son did not have reason to know that the motor vehicle or major replacement part was not in conformity with the standard. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1091.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33114 .......... 15:2027(a), (b). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 610(a), (b); added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2761; Oct. 25, 1992, Pub. L. 102–519, §§ 305(a), 306(a), 106 Stat. 3396, 3397. 15:2027(c)(1). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 610(c)(1); added Oct. 25, 1992, Pub. L. 102–519, §§ 305(b), 306(a), 106 Stat. 3396, 3397. In subsection (a)(1), the words ‘‘which is manufac- tured on or after the date the standard under section 2022 of this title takes effect under this subchapter for such vehicle or major replacement part’’ are omitted as obsolete because the standard applies to passenger motor vehicles and major replacement parts starting with the 1987 model year. See 50 Fed. Reg. 43166 (1985). 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) GENERAL PENALTY AND CIVIL ACTIONS TO COLLECT.—(1) A person that violates section 33114(a)(1)–(4) of this title is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under sec- tion 33102 or 33103 of this title is only a single violation. The maximum penalty under this sub- section for a related series of violations is $250,000. (2) The Secretary of Transportation imposes a civil penalty under this subsection. The Sec- retary may compromise the amount of a pen- alty. (3) In determining the amount of a civil pen- alty 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 ac- tion 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) CHOP SHOP PENALTY AND ENFORCEMENT.— (1) A person that violates section 33114(a)(5) of this title is liable to the Government for a civil penalty of not more than $100,000 a day for each violation. (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 vio- lating 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) CIVIL ACTIONS TO ENFORCE.—(1) The Attor- ney General may bring a civil action in a United States district court to enjoin a violation of this chapter or the sale, offer for sale, introduction or delivery for introduction in interstate com- merce, or importation into the United States, of a passenger motor vehicle containing a major