49 U.S.C. § 33111 — Verifications involving motor vehicle

Page 991 TITLE 49—TRANSPORTATION § 33111 In subsection (a)(2)(B), the words ‘‘stolen passenger motor vehicle and passenger motor vehicle parts infor- mation’’ are substituted for ‘‘stolen vehicle and vehicle parts information’’ for consistency with the termi- nology used in the revised chapter. In subsection (a)(4), the text of 15:2026c(f) (1st sen- tence) is omitted as surplus. The words ‘‘the effective date of the System’’ are substituted for ‘‘shall be effec- tive as provided’’ because of the restatement. In subsection (b)(1), the words ‘‘intending to trans- fer’’ are substituted for ‘‘seeking to transfer’’ for clar- ity. The words ‘‘passenger motor vehicle or passenger motor vehicle part’’ are substituted for ‘‘a vehicle or vehicle parts’’ for consistency with the terminology used in the revised chapter. The words ‘‘whether the ve- hicle or part’’ are substituted for ‘‘whether a part’’ for consistency with source provisions restated in the re- vised section. In subsection (b)(2), the words ‘‘shall inform the in- surance carrier, person, individual, or enterprise whether’’ are substituted for ‘‘provide such insurance carrier or person with a determination as to whether’’ for clarity and consistency in the revised subsection. The words ‘‘may require appropriate verification’’ are substituted for ‘‘may require such verification as the Attorney General deems appropriate’’ to eliminate un- necessary words. In subsection (c)(1), the words ‘‘and appoint’’ are omitted as unnecessary because of the restatement. Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–152 added subsec. (d). Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of 2-year period beginning on date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a committee estab- lished by Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Or- ganization and Employees. § 33110. Verifications involving junk and salvage motor vehicles (a) DEFINITION.—In this section, ‘‘vehicle iden- tification number’’ means a unique identifica- tion number (or derivative of that number) as- signed to a passenger motor vehicle by a manu- facturer in compliance with applicable regula- tions. (b) GENERAL REQUIREMENTS.—(1) If an insur- ance carrier selling comprehensive motor vehi- cle insurance coverage obtains possession of and transfers a junk motor vehicle or a salvage motor vehicle, the carrier shall— (A) under procedures the Attorney General prescribes by regulation under section 33109 of this title in consultation with the Secretary of Transportation, verify whether the vehicle is reported as stolen; and (B) provide the purchaser or transferee of the vehicle from the insurance carrier verification identifying the vehicle identifica- tion number and verifying that the vehicle has not been reported as stolen or, if reported as stolen, that the carrier has recovered the vehi- cle and has proper legal title to the vehicle. (2)(A) This subsection does not prohibit an in- surance carrier from transferring a motor vehi- cle if, within a reasonable period of time during normal business operations (as decided by the Attorney General under section 33109 of this title) using reasonable efforts, the carrier— (i) has not been informed under the proce- dures prescribed in section 33109 of this title that the vehicle has not been reported as sto- len; or (ii) has not otherwise established whether the vehicle has been reported as stolen. (B) When a carrier transfers a motor vehicle for which the carrier has not established wheth- er the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen. (c) REGULATIONS.—In consultation with the Secretary, the Attorney General shall prescribe regulations necessary to ensure that verification performed and provided by an insur- ance carrier under subsection (b)(1)(B) of this section is uniform, effective, and resistant to fraudulent 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) 33110(a) ...... 15:2026a(a) (2d sen- tence). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 607; added Oct. 25, 1992, Pub. L. 102–519, § 306(a), 106 Stat. 3397. 33110(b) ...... 15:2026a(a) (1st, last sentences). 33110(c) ...... 15:2026a(b). In subsection (b)(1)(B), the words ‘‘or derivative thereof’’ are omitted as unnecessary because of the def- inition of ‘‘vehicle identification number’’ in sub- section (a) of the revised section. In subsection (b)(2)(A)(i), the words ‘‘has not been in- formed under the procedures prescribed’’ are sub- stituted for ‘‘has not received a determination under’’ for clarity and consistency in the revised chapter. In clause (ii), the words ‘‘has not otherwise established whether’’ are substituted for ‘‘to otherwise determine whether’’ for clarity. In subsection (b)(2)(B), the words ‘‘When a carrier transfers a motor vehicle for which the carrier has not established whether the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen’’ are substituted for ‘‘except that such carrier shall provide a written certification of such lack of determination’’ for clarity and because of the restatement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–272, § 4(u), July 5, 1994, 108 Stat. 1372, pro- vided that: ‘‘Not later than April 25, 1993, the Attorney General shall prescribe the regulations required under section 33110(c) of title 49, United States Code, as en- acted by section 1 of this Act. Section 33110(b) of title 49 is effective not later than 3 months after those regu- lations are prescribed but not before the date on which the National Stolen Passenger Motor Vehicle Informa- tion System established under section 33109 of title 49 is operational.’’ § 33111. Verifications involving motor vehicle major parts (a) GENERAL REQUIREMENTS.—A person en- gaged in the business of salvaging, dismantling, 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;