§33109 — Title 49 Transportation | U.S. Code

Summary

The Attorney General must create and keep a national database of stolen passenger cars and stolen car parts by July 25, 1993. The database will live in the National Crime Information Center. Each stolen vehicle entry must include the vehicle identification number (VIN), make and model year, the date it was reported stolen, where the police report was filed, and any part identification numbers if they differ from the VIN. The Attorney General must work with State and local police and the NCIC Policy Advisory Board to protect the information. If the Center cannot run the system, the Attorney General must arrange for someone else to operate it. The Attorney General will set the system’s start date by regulation. The Attorney General must write rules so people planning to transfer a vehicle or part can check if it is listed as stolen. On request, insurance companies, interstate parts sellers, and vehicle repair businesses must be told right away whether a particular VIN or related number is in the system; the Attorney General may require proof that the request is legitimate. An advisory committee must be set up in the Department of Justice by December 24, 1992. It will have 10 members (the Attorney General, the Secretary of Transportation, and eight appointed representatives of state and local law enforcement, the auto recycling, repair, rebuilding, and parts supplier industries, the insurance industry, and consumers). The committee must give recommendations and send a report by April 25, 1993. People who act in good faith under this section or under sections 33110 or 33111 are protected from civil lawsuits for money damages or court-ordered relief.

Title 49, §33109

Transportation — Source: USLM XML via OLRC

(a)(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 System shall be located in the National Crime Information 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 reported as stolen.

(D)the location of the law enforcement authority 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 different 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 authorities; 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 System.

(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 separate from the Center.

(4)The Attorney General shall prescribe by regulation the effective date of the System.

(b)(1)The Attorney 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 information on whether the vehicle or part is listed 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 individual or enterprise engaged in the business of repairing passenger motor vehicles, the Attorney General (or the entity the Attorney General designates) immediately shall inform the insurance carrier, person, individual, or enterprise whether the System has a record of a vehicle or vehicle part with a particular vehicle identification 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 compromise the security of the System.

(c)(1)Not later than December 24, 1992, the Attorney General shall establish in the Department of Justice an advisory committee. The Attorney General shall develop the System with the advice and recommendations of the committee.

(2)(A)The committee is composed of the following 10 members:

(i)the Attorney General.

(ii)the Secretary of Transportation.

(iii)one individual who is qualified to represent the interests of the law enforcement community at the State level.

(iv)one individual who is qualified to represent the interests of the law enforcement community at the local level.

(v)one individual who is qualified to represent the interests of the automotive recycling industry.

(vi)one individual who is qualified to represent the interests of the automotive repair industry.

(vii)one individual who is qualified to represent the interests of the automotive rebuilders industry.

(viii)one individual who is qualified to represent the interests of the automotive parts suppliers industry.

(ix)one individual who is qualified to represent the interests of the insurance industry.

(x)one individual who is qualified to represent the interests of consumers.

(B)The Attorney General shall appoint the individuals described in subparagraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the committee.

(3)The committee shall make recommendations on developing and carrying out—

(A)the National Stolen Passenger Motor Vehicle 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 Secretary, and Congress a report including the recommendations of the committee.

(d)Any person performing any activity under this section or section 33110 or 33111 in good faith and with the reasonable belief that such activity was in accordance with such section shall be immune from any civil action respecting such activity which is seeking money damages or equitable relief in any court of the United States or a State.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 sentence), (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 “establish, and thereafter maintain” are substituted for “maintain” for clarity. The words “shall be located” are added for clarity. In subsection (a)(2)(B), the words “stolen passenger motor vehicle and passenger motor vehicle parts information” are substituted for “stolen vehicle and vehicle parts information” for consistency with the terminology used in the revised chapter. In subsection (a)(4), the text of 15:2026c(f) (1st sentence) is omitted as surplus. The words “the

Effective Date

of the System” are substituted for “shall be effective as provided” because of the restatement. In subsection (b)(1), the words “intending to transfer” are substituted for “seeking to transfer” for clarity. 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 vehicle or part” are substituted for “whether a part” for consistency with source provisions restated in the revised section. In subsection (b)(2), the words “shall inform the insurance 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 unnecessary 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 CommitteesAdvisory 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 established by Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.

§33109 National Stolen Passenger Motor Vehicle Information System