§33110 — Title 49 Transportation | U.S. Code

Summary

An insurance company that gets and then transfers a junk or salvage vehicle must check whether the vehicle is reported stolen and give the buyer verification. The verification must list the vehicle identification number and say either the vehicle is not reported stolen or, if it was, that the insurer recovered it and now holds legal title. If, after reasonable efforts during normal business operations, the insurer cannot determine the stolen status, it may still transfer the vehicle but must give the buyer written certification that it could not establish whether the vehicle was reported stolen. The Attorney General and the Secretary of Transportation must make rules so the checks and verification are uniform, effective, and hard to fake. Vehicle identification number: the unique number a manufacturer assigns to a passenger vehicle.

Title 49, §33110

Transportation — Source: USLM XML via OLRC

(a)In this section, “vehicle identification number” means a unique identification number (or derivative of that number) assigned to a passenger motor vehicle by a manufacturer in compliance with applicable regulations.

(b)(1)If an insurance carrier selling comprehensive motor vehicle 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 identification number and verifying that the vehicle has not been reported as stolen or, if reported as stolen, that the carrier has recovered the vehicle and has proper legal title to the vehicle.

(2)(A)This subsection does not prohibit an insurance carrier from transferring a motor vehicle 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 procedures prescribed in section 33109 of this title that the vehicle has not been reported as stolen; 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 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.

(c)In consultation with the Secretary, the Attorney General shall prescribe regulations necessary to ensure that verification performed and provided by an insurance carrier under subsection (b)(1)(B) of this section is uniform, effective, and resistant to fraudulent use.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 33110(a)15:2026a(a) (2d sentence).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 definition of “vehicle identification number” in subsection (a) of the revised section. In subsection (b)(2)(A)(i), the words “has not been informed under the procedures prescribed” are substituted 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, provided 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 enacted by section 1 of this Act. section 33110(b) of title 49 is effective not later than 3 months after those

Regulations

are prescribed but not before the date on which the National Stolen Passenger Motor Vehicle Information System established under section 33109 of title 49 is operational.”

§33110 Verifications Involving Junk and Salvage Motor Vehicles

Summary

Title 49, §33110

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Regulations

Citations & Metadata