49 U.S.C. § 33109 — National Stolen Passenger Motor Vehicle

Page 990 TITLE 49—TRANSPORTATION § 33109 § 33109. National Stolen Passenger Motor Vehicle Information System (a) GENERAL REQUIREMENTS.—(1) Not later than July 25, 1993, the Attorney General shall establish, and thereafter maintain, a National Stolen Passenger Motor Vehicle Information System containing the vehicle identification numbers of stolen passenger motor vehicles and stolen passenger motor vehicle parts. The Sys- tem shall be located in the National Crime In- formation Center and shall include at least the following information on each passenger motor vehicle reported to a law enforcement authority as stolen and not recovered: (A) the vehicle identification number. (B) the make and model year. (C) the date on which the vehicle was re- ported as stolen. (D) the location of the law enforcement au- thority that received the report of the theft of the vehicle. (E) the identification numbers of the vehicle parts (or derivatives of those numbers), at the time of the theft, if those numbers are dif- ferent from the vehicle identification number of the vehicle. (2) In establishing the System, the Attorney General shall consult with— (A) State and local law enforcement authori- ties; and (B) the National Crime Information Center Policy Advisory Board to ensure the security of the information in the System and that the System will not compromise the security of stolen passenger motor vehicle and passenger motor vehicle parts information in the Sys- tem. (3) If the Attorney General decides that the Center is not able to perform the functions of the System, the Attorney General shall make an agreement for the operation of the System sepa- rate from the Center. (4) The Attorney General shall prescribe by regulation the effective date of the System. (b) REQUESTS FOR INFORMATION.—(1) The At- torney General shall prescribe by regulation procedures under which an individual or entity intending to transfer a passenger motor vehicle or passenger motor vehicle part may obtain in- formation on whether the vehicle or part is list- ed in the System as stolen. (2) On request of an insurance carrier, a person lawfully selling or distributing passenger motor vehicle parts in interstate commerce, or an indi- vidual or enterprise engaged in the business of repairing passenger motor vehicles, the Attor- ney General (or the entity the Attorney General designates) immediately shall inform the insur- ance carrier, person, individual, or enterprise whether the System has a record of a vehicle or vehicle part with a particular vehicle identifica- tion number (or derivative of that number) being reported as stolen. The Attorney General may require appropriate verification to ensure that the request is legitimate and will not com- promise the security of the System. (c) ADVISORY COMMITTEE.—(1) Not later than December 24, 1992, the Attorney General shall establish in the Department of Justice an advi- sory committee. The Attorney General shall de- velop the System with the advice and rec- ommendations of the committee. (2)(A) The committee is composed of the fol- lowing 10 members: (i) the Attorney General. (ii) the Secretary of Transportation. (iii) one individual who is qualified to rep- resent the interests of the law enforcement community at the State level. (iv) one individual who is qualified to rep- resent the interests of the law enforcement community at the local level. (v) one individual who is qualified to rep- resent the interests of the automotive recy- cling industry. (vi) one individual who is qualified to rep- resent the interests of the automotive repair industry. (vii) one individual who is qualified to rep- resent the interests of the automotive rebuild- ers industry. (viii) one individual who is qualified to rep- resent the interests of the automotive parts suppliers industry. (ix) one individual who is qualified to rep- resent the interests of the insurance industry. (x) one individual who is qualified to rep- resent the interests of consumers. (B) The Attorney General shall appoint the in- dividuals described in subparagraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the committee. (3) The committee shall make recommenda- tions on developing and carrying out— (A) the National Stolen Passenger Motor Ve- hicle Information System; and (B) the verification system under section 33110 of this title. (4) Not later than April 25, 1993, the committee shall submit to the Attorney General, the Sec- retary, and Congress a report including the rec- ommendations of the committee. (d) IMMUNITY.—Any person performing any ac- tivity under this section or section 33110 or 33111 in good faith and with the reasonable belief that such activity was in accordance with such sec- tion shall be immune from any civil action re- 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. 1084; Pub. L. 104–152, § 5, July 2, 1996, 110 Stat. 1385.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 33109(a) ...... 15:2026c(a), (b) (last sentence), (c), (f). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 609; added Oct. 25, 1992, Pub. L. 102–519, § 306(e), 106 Stat. 3398. 33109(b) ...... 15:2026c(b) (1st sen- tence), (e). 33109(c) ...... 15:2026c(d). In the section, the words ‘‘National Stolen Passenger Motor Vehicle Information System’’ are substituted for ‘‘National Stolen Auto Part Information System’’ for consistency with the terminology used and with the source provisions restated in the revised chapter. In subsection (a)(1), before clause (A), the words ‘‘es- tablish, and thereafter maintain’’ are substituted for ‘‘maintain’’ for clarity. The words ‘‘shall be located’’ are added for clarity. 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,