49 U.S.C. § 30503 — State participation

Page 821 TITLE 49—TRANSPORTATION § 30503 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. 980; Pub. L. 104–152, §§ 2(a), (c), 3, 4, 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) 30502(a) ...... 15:2042(a)(1). Oct. 25, 1992, Pub. L. 102–519, § 202, 106 Stat. 3390. 30502(b) ...... 15:2042(a)(2). 30502(c) ...... 15:2042(a)(3). 30502(d) ...... 15:2042(b). 30502(e) ...... 15:2042(c). In subsection (a)(1), the words ‘‘January 31, 1996’’ are substituted for ‘‘January 1996’’ for clarity. The words ‘‘National Automobile Title Information System’’ are substituted for ‘‘National Motor Vehicle Title Informa- tion System’’ for clarity and consistency because the defined term in the source provisions being restated is ‘‘automobile’’. The words ‘‘individuals and entities re- ferred to in subsection (e) of this section’’ are sub- stituted for ‘‘States and others’’, the words ‘‘informa- tion maintained by the States related to automobile ti- tling described in subsection (d) of this section’’ are substituted for ‘‘information maintained by other States pertaining to the titling of automobiles’’, and the words ‘‘existing information system’’ are sub- stituted for ‘‘such system’’, for clarity. In subsection (a)(2), the words ‘‘In cooperation with’’ are substituted for ‘‘working with’’ for clarity and con- sistency in the revised title and with other titles of the United States Code. In subsection (b), the word ‘‘agreement’’ is sub- stituted for ‘‘contract through an agreement’’ to elimi- nate unnecessary words. The word ‘‘designating’’ is substituted for ‘‘redesignating’’ for clarity. In subsection (c), the words ‘‘user fees’’ are sub- stituted for ‘‘a system of user fees’’ to eliminate unnec- essary words. The words ‘‘amounts from the United States Government’’ are substituted for ‘‘Federal funds’’ for clarity and consistency in the revised titles and with other titles of the Code. The word ‘‘pays’’ are substituted for ‘‘passed on’’ for clarity. The word ‘‘enti- ty’’ is substituted for ‘‘State or other entity’’ to elimi- nate unnecessary words. In subsection (d)(4), the words ‘‘the odometer mileage disclosure required’’ are substituted for ‘‘the odometer reading information’’, and the words ‘‘any later mile- age information’’ are substituted for ‘‘any such later odometer information’’, for consistency with section 32705 of the revised title. In subsection (e)(2), the words ‘‘The operator may re- lease only the information necessary’’ are substituted for ‘‘Notwithstanding any provision of paragraphs (1) through (4), the operator shall release no information other than what is necessary’’ to eliminate unneces- sary words. The words ‘‘social security account num- ber’’ are substituted for ‘‘social security number’’ for consistency with 42:405. Editorial Notes AMENDMENTS 1997—Pub. L. 105–102 amended directory language of Pub. L. 104–152, § 2(c). See 1996 Amendment notes below. 1996—Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted ‘‘Motor Vehicle’’ for ‘‘Automobile’’ in section catchline. Subsecs. (a), (b). Pub. L. 104–152, § 3(a), which directed the amendment of this section by striking each ref- erence to ‘‘Secretary of Transportation’’ or ‘‘Sec- retary’’ and inserting ‘‘Attorney General’’, and Pub. L. 104–152, § 3(b), which directed the striking of each ref- erence to ‘‘Attorney General’’ and inserting ‘‘Secretary of Transportation’’, were executed simultaneously, to reflect the probable intent of Congress. See below. Subsec. (a)(1). Pub. L. 104–152, § 3, substituted ‘‘Attor- ney General shall’’ for ‘‘Secretary of Transportation shall’’, ‘‘Attorney General decides’’ for ‘‘Secretary de- cides’’, ‘‘permit the Attorney General’’ for ‘‘permit the Secretary’’, and ‘‘Attorney General, in consultation with the Secretary of Transportation’’ for ‘‘Secretary, in consultation with the Attorney General’’. 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’’ in two places. Pub. L. 104–152, § 2(a), substituted ‘‘December 31, 1967’’ for ‘‘January 31, 1966’’. Subsec. (a)(2). Pub. L. 104–152, § 3, substituted ‘‘Sec- retary of Transportation’’ for ‘‘Attorney General’’ and ‘‘Attorney General’’ for ‘‘Secretary’’. Subsec. (b). Pub. L. 104–152, § 3(a), substituted ‘‘Attor- ney General’’ for ‘‘Secretary’’. Subsec. (f). Pub. L. 104–152, § 4, added subsec. (f). 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. EFFECTIVENESS OF SYSTEM Pub. L. 104–152, § 6(c), July 2, 1996, 110 Stat. 1385, pro- vided that: ‘‘The information system established under section 30502 of title 49, United States Code, shall be ef- fective as provided in the rules promulgated by the At- torney General.’’ § 30503. State participation (a) STATE INFORMATION.—Each State shall make titling information maintained by that State available for use in operating the National Motor Vehicle Title Information System estab- lished or designated under section 30502 of this title. (b) VERIFICATION CHECKS.—Each State shall es- tablish a practice of performing an instant title verification check before issuing a certificate of title to an individual or entity claiming to have purchased an automobile from an individual or entity in another State. The check shall consist of— (1) communicating to the operator— (A) the vehicle identification number of the automobile for which the certificate of title is sought; (B) the name of the State that issued the most recent certificate of title for the auto- mobile; and (C) the name of the individual or entity to whom the certificate of title was issued; and (2) giving the operator an opportunity to communicate to the participating State the results of a search of the information. (c) GRANTS TO STATES.—(1) In cooperation with the States and not later than January 1, 1994, the Attorney General shall— (A) conduct a review of systems used by the States to compile and maintain information about the titling of automobiles; and (B) determine for each State the cost of making titling information maintained by 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;