49 U.S.C. § 33112 — Untitled legal text

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;