§33113 — Title 49 Transportation | U.S. Code

Summary

By October 25, 1995, the Secretary of Transportation must send Congress a report that counts how many trucks, multipurpose passenger vehicles, and motorcycles sold across state lines are stolen and later found, broken down by make and model. The report must say how many stolen vehicles are taken apart for parts or shipped overseas, describe the market for those stolen parts, give information on insurance premiums (including any theft-related increases), evaluate whether marking parts would cut theft, raise recoveries, stop parts trafficking or exports, and whether the benefits would outweigh the costs, and give recommendations on whether part identification should be required by law. By October 25, 1997, the Secretary must send a broader report covering all classes of motor vehicles with similar counts and market information, how theft and recovery data are collected and how reliable it is, costs and benefits of the vehicle-identification standards, law-enforcement experience, insurance impacts, and whether laws and tracing systems work. Both reports must rely on insurer and manufacturer reports, FBI and law-enforcement input, and other reliable sources. The Secretary must consult the Attorney General and state and local police, cover at least four years after standards start, and publish a draft at least 90 days before filing to allow at least 45 days for public comments and include a summary of those comments.

Title 49, §33113

Transportation — Source: USLM XML via OLRC

(a)Not later than October 25, 1995, the Secretary of Transportation shall submit a report to Congress that includes—

(1)information on the number of trucks, multipurpose passenger vehicles, and motorcycles distributed for sale in interstate commerce 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 motorcycles, including any increase in the premiums charged because any of those motor vehicles is a likely candidate for theft;

(5)an assessment of whether the identification of parts of trucks, multipurpose passenger 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, multipurpose passenger vehicles, and motorcycles should be required by law.

(b)Not later than October 25, 1997, the Secretary shall submit a report to Congress that includes—

(1)information on—

(A)the methods and procedures used by public and private entities to collect, compile, and disseminate information on the theft and recovery of motor vehicles, including classes of motor vehicles; and

(B)the reliability and timeliness of the information and how the information can be improved;

(2)information on the number of motor vehicles distributed for sale in interstate commerce that are stolen and recovered annually, compiled by class, model, make, and line;

(3)information on the extent to which motor vehicles stolen annually are dismantled to recover parts or are exported;

(4)a description of the market for the stolen parts;

(5)information on—

(A)the costs to manufacturers and purchasers of passenger motor vehicles of compliance with the standards prescribed under this chapter;

(B)the beneficial impacts of the standards and the monetary value of the impacts; and

(C)the extent to which the monetary value is greater than the costs;

(6)information on the experience of officials of the United States Government, States, and localities in—

(A)making arrests and successfully prosecuting persons for violating a law set forth in title II or III of the Motor Vehicle Theft Law Enforcement Act of 1984;

(B)preventing or reducing the number and rate of thefts of motor vehicles that are dismantled for parts subject to this chapter; and

(C)preventing or reducing the availability of used parts that are stolen from motor vehicles subject to this chapter;

(7)information on the premiums charged by insurers of comprehensive coverage of motor vehicles subject to this chapter, including any increase in the premiums charged because a motor vehicle is a likely candidate for theft, and the extent to which the insurers have reduced for the benefit of consumers the premiums, or foregone premium increases, because of this chapter;

(8)information on the adequacy and effectiveness of laws of the United States and the States aimed at preventing the distribution and sale of used parts that have been removed from stolen motor vehicles and the adequacy of systems available to enforcement personnel for tracing parts to determine if they have been stolen from a motor vehicle;

(9)an assessment of whether the identification of parts of other classes of motor vehicles is likely—

(A)to decrease the theft rate of those vehicles;

(B)to increase the recovery rate of those vehicles;

(C)to decrease the trafficking in stolen parts of those vehicles;

(D)to stem the export and import of those stolen vehicles, parts, or components; or

(E)to have benefits greater than the costs of the identification; and

(10)other relevant and reliable information available to the Secretary about the impact, including the beneficial impact, of the laws set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984 on law enforcement, consumers, and manufacturers; and

(11)recommendations (including, as appropriate, legislative and administrative recommendations) for—

(A)continuing without change the standards prescribed under this chapter;

(B)amending this chapter to cover more or fewer lines of passenger motor vehicles;

(C)amending this chapter to cover other classes of motor vehicles; or

(D)ending the standards for all future motor vehicles.

(c)(1)The reports under subsections (a) and (b) of this section each shall be based on—

(A)information reported under this chapter by insurers of motor vehicles and manufacturers of motor vehicles and major replacement parts;

(B)information provided by the Federal Bureau of Investigation;

(C)experience obtained in carrying out this chapter;

(D)experience of the Government under the laws set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984; and

(E)other relevant and reliable information available to the Secretary.

(2)In preparing each report, the Secretary shall consult with the Attorney General and State and local law enforcement officials, as appropriate.

(3)The report under subsection (b) of this section shall—

(A)cover a period of at least 4 years after the standards required by this chapter are prescribed; and

(B)reflect any information, as appropriate, from the report under subsection (a) of this section, updated from the date of the report.

(4)At least 90 days before submitting each report to Congress, the Secretary shall publish a proposed report for public review and an opportunity of at least 45 days for written comment. The Secretary shall consider those comments in preparing the report to be submitted and include a summary of the comments with the submitted report.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3311315:2034.Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 617; added Oct. 25, 1984, Pub. L. 98–547, § 101(a), 98 Stat. 2765; Oct. 25, 1992, Pub. L. 102–519, § 306(a), (e), 106 Stat. 3397, 3400. In this section, the word “information” is substituted for “data” for consistency in the revised title. The word “standards” is substituted for “standard” because there is more than one standard prescribed under this chapter. In subsection (a), before clause (1), the words “October 25, 1995” are substituted for “3 years after October 25, 1992” (the date of enactment of the Anti-Car Theft Act of 1992) for clarity and to eliminate unnecessary words. In clause (1), the words “distributed for sale in interstate commerce that are” are substituted for “for all such motor vehicles distributed for sale in interstate commerce” for clarity. In clause (5)(A), the word “decrease” is substituted for “have . . . a beneficial impact in decreasing” for consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the words “October 25, 1997” are substituted for “5 years after October 25, 1992” (the date of enactment of the Anti-Car Theft Act of 1992) for clarity and to eliminate unnecessary words. In clause (1)(B), the word “accuracy” is omitted as redundant. In clause (2), the words “distributed for sale in interstate commerce that are” are substituted for “for all such motor vehicles distributed for sale in interstate commerce” for clarity. In clause (9)(A), the word “decrease” is substituted for “have . . . a beneficial impact in decreasing” for consistency and to eliminate unnecessary words. In subsection (c)(1)(C), the words “carrying out” are substituted for “the implementation, administration, and

Enforcement

” for consistency and to eliminate unnecessary words.

Editorial Notes

References in Text

The Motor Vehicle Theft Law

Enforcement

Act of 1984, referred to in subsecs. (b)(6)(A), (10) and (c)(1)(D), is Pub. L. 98–547, Oct. 25, 1984, 98 Stat. 2754. Titles II and III of that act enacted section 511, 512, 553, and 2320 [now 2321] of Title 18, Crimes and Criminal Procedure, and section 1627 of Title 19, Customs Duties, and amended section 1961, 2311, and 2313 of Title 18. For complete classification of this Act to the Code, see

Short Title

of 1984 Amendment note set out under section 1901 of Title 15, Commerce and Trade, and Tables.

§33113 Theft Reports

Summary

Title 49, §33113

Notes & Related Subsidiaries

Historical and Revision Notes

Enforcement

Editorial Notes

References in Text

Enforcement

Short Title

Citations & Metadata