49 U.S.C. § 30504 — Reporting requirements

Page 822 TITLE 49—TRANSPORTATION § 30504 that State available to the operator to meet the requirements of section 30502(d) of this title. (2) The Attorney General may make reason- able and necessary grants to participating States to be used in making titling information maintained by those States available to the op- erator. (d) REPORT TO CONGRESS.—Not later than Oc- tober 1, 1998, the Attorney General shall report to Congress on which States have met the re- quirements of this section. If a State has not met the requirements, the Attorney General shall describe the impediments that have re- sulted in the State’s failure to meet the require- ments. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 981; Pub. L. 104–152, §§ 2(b), (c), 3(a), 6(a), July 2, 1996, 110 Stat. 1384, 1385; Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30503(a) ...... 15:2043(a)(1). Oct. 25, 1992, Pub. L. 102–519, § 203, 106 Stat. 3391. 30503(b) ...... 15:2043(a)(2). 30503(c) ...... 15:2043(b). 30503(d) ...... 15:2043(c). In subsection (a), the words ‘‘for use in operating . . . established or designated’’ are substituted for ‘‘for use in establishing . . . established’’ for clarity and for con- sistency with the source provisions restated in section 30502 of the revised title. In subsection (b), before clause (1), the words ‘‘The check’’ are substituted for ‘‘Such instant title verification check’’ to eliminate unnecessary words. In subclauses (A) and (B), the words ‘‘of the automobile’’ are substituted for ‘‘of the vehicle’’ for consistency in the revised chapter. In subsection (c)(1)(B), the words ‘‘section 30502(d) of this title’’ are substituted for ‘‘subsection (b)’’ to re- flect the apparent intent of Congress. In subsection (c)(2)(A), before subclause (i), the words ‘‘is not more than the lesser of’’ are substituted for ‘‘does not exceed . . . whichever is lower’’ for clarity. In subclause (i), the words ‘‘paragraph (1)(B) of this subsection’’ are substituted for ‘‘subsection (d)(1)(B)’’ to reflect the apparent intent of Congress. In subsection (c)(2)(B), the word ‘‘fair’’ is omitted as being included in ‘‘reasonable’’. Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–102 amended directory language of Pub. L. 104–152, § 2(c). See 1996 Amendment note below. 1996—Subsec. (a). Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted ‘‘National Motor Vehicle Title Information System’’ for ‘‘National Automobile Title Information System’’. Subsec. (c)(1). Pub. L. 104–152, § 3(a), substituted ‘‘At- torney General’’ for ‘‘Secretary of Transportation’’. Subsec. (c)(2). Pub. L. 104–152, § 6(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Secretary may make grants to participating States to be used in making titling information main- tained by those States available to the operator if— ‘‘(A) the grant to a State is not more than the less- er of— ‘‘(i) 25 percent of the cost of making titling infor- mation maintained by that State available to the operator as determined by the Secretary under paragraph (1)(B) of this subsection; or ‘‘(ii) $300,000; and ‘‘(B) the Secretary decides that the grants are rea- sonable and necessary to establish the System.’’ Subsec. (d). Pub. L. 104–152, §§ 2(b), 3(a), substituted ‘‘October 1, 1998’’ for ‘‘January 1, 1997’’ and substituted ‘‘Attorney General’’ for ‘‘Secretary’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, pro- vided that the amendment made by section 3(b) is effec- tive July 2, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title. § 30504. Reporting requirements (a) JUNK YARD AND SALVAGE YARD OPERA- TORS.—(1) Beginning at a time established by the Attorney General that is not sooner than the 3d month before the establishment or des- ignation of the National Motor Vehicle Title In- formation System under section 30502 of this title, an individual or entity engaged in the business of operating a junk yard or salvage yard shall file a monthly report with the oper- ator of the System. The report shall contain an inventory of all junk automobiles or salvage automobiles obtained by the junk yard or sal- vage yard during the prior month. The inven- tory shall contain— (A) the vehicle identification number of each automobile obtained; (B) the date on which the automobile was obtained; (C) the name of the individual or entity from whom the automobile was obtained; and (D) a statement of whether the automobile was crushed or disposed of for sale or other purposes. (2) Paragraph (1) of this subsection does not apply to an individual or entity— (A) required by State law to report the ac- quisition of junk automobiles or salvage auto- mobiles to State or local authorities if those authorities make that information available to the operator; or (B) issued a verification under section 33110 of this title stating that the automobile or parts from the automobile are not reported as stolen. (b) INSURANCE CARRIERS.—Beginning at a time established by the Attorney General that is not sooner than the 3d month before the establish- ment or designation of the System, an indi- vidual or entity engaged in business as an insur- ance carrier shall file a monthly report with the operator. The report may be filed directly or through a designated agent. The report shall contain an inventory of all automobiles of the current model year or any of the 4 prior model years that the carrier, during the prior month, has obtained possession of and has decided are junk automobiles or salvage automobiles. The inventory shall contain— (1) the vehicle identification number of each automobile obtained; (2) the date on which the automobile was ob- tained; Page 823 TITLE 49—TRANSPORTATION § 30505 (3) the name of the individual or entity from whom the automobile was obtained; and (4) the name of the owner of the automobile at the time of the filing of the report. (c) PROCEDURES AND PRACTICES.—The Attorney General shall establish by regulation procedures and practices to facilitate reporting in the least burdensome and costly fashion. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 982; Pub. L. 104–152, §§ 2(c), 3(a), July 2, 1996, 110 Stat. 1384; Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30504(a) ...... 15:2044(a). Oct. 25, 1992, Pub. L. 102–519, § 204(a), (b), (d), 106 Stat. 3392, 3393. 30504(b) ...... 15:2044(b). 30504(c) ...... 15:2044(d). In subsections (a)(1), before clause (A), the words ‘‘Be- ginning at a time established by the Secretary of Transportation that is not sooner than the 3d month before the establishment or designation of’’ are sub- stituted for ‘‘Beginning at a time determined by the Secretary, but no earlier than 3 months prior to the es- tablishment of’’ for clarity and consistency with the source provisions restated in section 30502 of the re- vised title. The words ‘‘engaged in the business’’ are substituted for ‘‘in the business’’ for consistency in the revised chapter. The words ‘‘junk yard or salvage yard’’ are substituted for ‘‘automobile junk yard or auto- mobile salvage yard’’ because of the definitions of ‘‘junk yard’’ and ‘‘salvage yard’’ in section 30501 of the revised title. The words ‘‘with the operator of the Sys- tem’’ are substituted for ‘‘with the operator’’ for clar- ity. In clauses (A), (C), and (D), the words ‘‘each auto- mobile’’ are substituted for ‘‘each vehicle’’, and the words ‘‘the automobile’’ are substituted for ‘‘the vehi- cle’’, for consistency in the revised title. In subsection (a)(2)(B), the word ‘‘automobile’’ is sub- stituted for ‘‘vehicle’’ for consistency in the revised title. In subsections (b), before clause (1), the words ‘‘Be- ginning at a time established by the Secretary that is not sooner than the 3d month before the establishment or designation of’’ are substituted for ‘‘Beginning at a time determined by the Secretary, but no earlier than 3 months prior to the establishment of’’ for clarity and consistency with the source provisions restated in sec- tion 30502 of the revised title. In clauses (1), (3), and (4), the words ‘‘each automobile’’ are substituted for ‘‘each vehicle’’, and the words ‘‘the automobile’’ are sub- stituted for ‘‘the vehicle’’, for consistency in the re- vised title. Editorial Notes AMENDMENTS 1997—Subsec. (a)(1). Pub. L. 105–102 amended directory language of Pub. L. 104–152, § 2(c). See 1996 Amendment note below. 1996—Subsec. (a)(1). Pub. L. 104–152, § 3(a), substituted ‘‘Attorney General’’ for ‘‘Secretary of Transportation’’. Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted ‘‘National Motor Vehicle Title Information System’’ for ‘‘National Automobile Title Information System’’. Subsecs. (b), (c). Pub. L. 104–152, § 3(a), substituted ‘‘Attorney General’’ for ‘‘Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, pro- vided that the amendment made by section 3(b) is effec- tive July 2, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title. § 30505. Penalties and enforcement (a) PENALTY.—An individual or entity vio- lating this chapter is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. (b) COLLECTION AND COMPROMISE.—(1) The At- torney General shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty. The Attorney General may compromise the amount of the penalty. In determining the amount of the penalty or compromise, the Attorney Gen- eral shall consider the appropriateness of the penalty to the size of the business of the indi- vidual or entity charged and the gravity of the violation. (2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual or entity liable for the penalty. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 983; Pub. L. 104–152, § 3(a), July 2, 1996, 110 Stat. 1384.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30505 .......... 15:2044(c). Oct. 25, 1992, Pub. L. 102–519, § 204(c), 106 Stat. 3393. In subsection (a), the words ‘‘An individual or entity violating this chapter is liable to the United States Government for a civil penalty of’’ are substituted for ‘‘Whoever violates this section may be assessed a civil penalty of not to exceed’’ for clarity and consistency in the revised title and with other titles of the United States Code. In subsection (b), the words ‘‘individual or entity’’ are substituted for ‘‘person’’ for clarity and consistency with the source provisions restated in the revised chap- ter. In subsection (b)(1), the words ‘‘The Secretary of Transportation shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty’’ are substituted for ‘‘Any such penalty shall be assessed by the Secretary and col- lected in a civil action brought by the Attorney Gen- eral of the United States’’ for clarity and consistency in the revised title and with other titles of the Code. In subsection (b)(2), the words ‘‘penalty imposed or compromised’’ are substituted for ‘‘such penalty, fi- nally determined, or the amount agreed upon in com- promise’’, and the words ‘‘liable for the penalty’’ are substituted for ‘‘charged’’, for clarity and consistency in the revised title and other titles of the Code. Editorial Notes AMENDMENTS 1996—Subsec. (b)(1). Pub. L. 104–152 substituted ‘‘At- torney General shall impose’’ for ‘‘Secretary of Trans- portation shall impose’’, ‘‘Attorney General may com- promise’’ for ‘‘Secretary may compromise’’, and ‘‘At- torney General shall consider’’ for ‘‘Secretary shall consider’’.