US (United States) Code. Title 49. Subtitle VI: Motor vehicle and driver programs. Part C. Chapter 327: Odometers

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Information, standards and requirement

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-CITE-

49 USC CHAPTER 327 - ODOMETERS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

CHAPTER 327 - ODOMETERS

-MISC1-

Sec.

32701. Findings and purposes.

32702. Definitions.

32703. Preventing tampering.

32704. Service, repair, and replacement.

32705. Disclosure requirements on transfer of motor vehicles.

32706. Inspections, investigations, and records.

32707. Administrative warrants.

32708. Confidentiality of information.

32709. Penalties and enforcement.

32710. Civil actions by private persons.

32711. Relationship to State law.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 2721.

-End-

-CITE-

49 USC Sec. 32701 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32701. Findings and purposes

-STATUTE-

(a) Findings. - Congress finds that -

(1) buyers of motor vehicles rely heavily on the odometer

reading as an index of the condition and value of a vehicle;

(2) buyers are entitled to rely on the odometer reading as an

accurate indication of the mileage of the vehicle;

(3) an accurate indication of the mileage assists a buyer in

deciding on the safety and reliability of the vehicle; and

(4) motor vehicles move in, or affect, interstate and foreign

commerce.

(b) Purposes. - The purposes of this chapter are -

(1) to prohibit tampering with motor vehicle odometers; and

(2) to provide safeguards to protect purchasers in the sale of

motor vehicles with altered or reset odometers.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1048.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32701(a) 15:1981 (1st Oct. 20, 1972, Pub. L.

sentence). 92-513, Sec. 401, 86 Stat.

961.

32701(b) 15:1981 (last

sentence).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32705 of this title.

-End-

-CITE-

49 USC Sec. 32702 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32702. Definitions

-STATUTE-

In this chapter -

(1) "auction company" means a person taking possession of a

motor vehicle owned by another to sell at an auction.

(2) "dealer" means a person that sold at least 5 motor vehicles

during the prior 12 months to buyers that in good faith bought

the vehicles other than for resale.

(3) "distributor" means a person that sold at least 5 motor

vehicles during the prior 12 months for resale.

(4) "leased motor vehicle" means a motor vehicle leased to a

person for at least 4 months by a lessor that leased at least 5

vehicles during the prior 12 months.

(5) "odometer" means an instrument for measuring and recording

the distance a motor vehicle is driven, but does not include an

auxiliary instrument designed to be reset by the operator of the

vehicle to record mileage of a trip.

(6) "repair" and "replace" mean to restore to a sound working

condition by replacing any part of an odometer or by correcting

any inoperative part of an odometer.

(7) "title" means the certificate of title or other document

issued by the State indicating ownership.

(8) "transfer" means to change ownership by sale, gift, or any

other means.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1048; Pub. L.

104-287, Sec. 5(61), Oct. 11, 1996, 110 Stat. 3394.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32702(1) 15:1982(8). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

402(6)-(8); added Oct. 28,

1986, Pub. L. 99-579, Sec.

2(b), 100 Stat. 3310.

32702(2) 15:1982(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

402(1), (2); added July 14,

1976, Pub. L. 94-364, Sec.

401(2), 90 Stat. 983.

32702(3) 15:1982(2).

32702(4) 15:1982(7).

32702(5) 15:1982(3). Oct. 20, 1972, Pub. L.

92-513, Sec. 402(3)-(5), 86

Stat. 961; July 14, 1976,

Pub. L. 94-364, Sec. 401(1),

90 Stat. 983.

32702(6) 15:1982(4).

32702(7) 15:1982(6).

32702(8) 15:1982(5).

--------------------------------------------------------------------

In clause (1), the words "(whether through consignment or

bailment or through any other arrangement)" and "such motor

vehicle" are omitted as surplus.

In clause (4), the words "a term of" are omitted as surplus.

In clause (5), the words "the distance a motor vehicle is driven"

are substituted for "the actual distance a motor vehicle travels

while in operation" for clarity and to eliminate unnecessary words.

PUB. L. 104-287

This amends 49:32702(8) and 32705 to clarify the restatement of

15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public

Law 103-272, 108 Stat. 1049).

AMENDMENTS

1996 - Par. (8). Pub. L. 104-287 inserted "any" after "or".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

-End-

-CITE-

49 USC Sec. 32703 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32703. Preventing tampering

-STATUTE-

A person may not -

(1) advertise for sale, sell, use, install, or have installed,

a device that makes an odometer of a motor vehicle register a

mileage different from the mileage the vehicle was driven, as

registered by the odometer within the designed tolerance of the

manufacturer of the odometer;

(2) disconnect, reset, alter, or have disconnected, reset, or

altered, an odometer of a motor vehicle intending to change the

mileage registered by the odometer;

(3) with intent to defraud, operate a motor vehicle on a

street, road, or highway if the person knows that the odometer of

the vehicle is disconnected or not operating; or

(4) conspire to violate this section or section 32704 or 32705

of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1049; Pub. L.

103-429, Sec. 6(33), Oct. 31, 1994, 108 Stat. 4380.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32703(1) 15:1983. Oct. 20, 1972, Pub. L.

92-513, Sec. 403, 86 Stat.

962; July 14, 1976, Pub. L.

94-364, Sec. 402, 90 Stat.

983.

32703(2) 15:1984. Oct. 20, 1972, Pub. L.

92-513, Secs. 404, 405, 86

Stat. 962; restated July 14,

1976, Pub. L. 94-364, Secs.

403, 404, 90 Stat. 983.

32703(3) 15:1985.

32703(4) 15:1986. Oct. 20, 1972, Pub. L.

92-513, Sec. 406, 86 Stat.

962.

--------------------------------------------------------------------

In clause (1), the words "the mileage the vehicle was driven, as

registered by the odometer within the designed tolerance of the

manufacturer of the odometer" are substituted for "the true mileage

driven. For purposes of this section, the true mileage driven is

that mileage driven by the vehicle as registered by the odometer

within the manufacturer's designed tolerance" to eliminate

unnecessary words.

In clause (3), the words "public" and "road" are added for

consistency in this subtitle.

PUB. L. 103-429

This amends 49:32703(3) to correct an error in the codification

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1049).

AMENDMENTS

1994 - Par. (3). Pub. L. 103-429 struck out "public" before

"street".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-End-

-CITE-

49 USC Sec. 32704 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32704. Service, repair, and replacement

-STATUTE-

(a) Adjusting Mileage. - A person may service, repair, or replace

an odometer of a motor vehicle if the mileage registered by the

odometer remains the same as before the service, repair, or

replacement. If the mileage cannot remain the same -

(1) the person shall adjust the odometer to read zero; and

(2) the owner of the vehicle or agent of the owner shall attach

a written notice to the left door frame of the vehicle specifying

the mileage before the service, repair, or replacement and the

date of the service, repair, or replacement.

(b) Removing or Altering Notice. - A person may not, with intent

to defraud, remove or alter a notice attached to a motor vehicle as

required by this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1049.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32704 15:1987. Oct. 20, 1972, Pub. L.

92-513, Sec. 407, 86 Stat.

962; July 14, 1976, Pub. L.

94-364, Sec. 405, 90 Stat.

983.

--------------------------------------------------------------------

In subsection (b), the text of 15:1987(b)(1) is omitted as

surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32703 of this title.

-End-

-CITE-

49 USC Sec. 32705 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32705. Disclosure requirements on transfer of motor vehicles

-STATUTE-

(a)(1) Disclosure Requirements. - Under regulations prescribed by

the Secretary of Transportation that include the way in which

information is disclosed and retained under this section, a person

transferring ownership of a motor vehicle shall give the transferee

the following written disclosure:

(A) Disclosure of the cumulative mileage registered on the

odometer.

(B) Disclosure that the actual mileage is unknown, if the

transferor knows that the odometer reading is different from the

number of miles the vehicle has actually traveled.

(2) A person transferring ownership of a motor vehicle may not

violate a regulation prescribed under this section or give a false

statement to the transferee in making the disclosure required by

such a regulation.

(3) A person acquiring a motor vehicle for resale may not accept

a written disclosure under this section unless it is complete.

(4)(A) This subsection shall apply to all transfers of motor

vehicles (unless otherwise exempted by the Secretary by

regulation), except in the case of transfers of new motor vehicles

from a vehicle manufacturer jointly to a dealer and a person

engaged in the business of renting or leasing vehicles for a period

of 30 days or less.

(B) For purposes of subparagraph (A), the term "new motor

vehicle" means any motor vehicle driven with no more than the

limited use necessary in moving, transporting, or road testing such

vehicle prior to delivery from the vehicle manufacturer to a

dealer, but in no event shall the odometer reading of such vehicle

exceed 300 miles.

(5) The Secretary may exempt such classes or categories of

vehicles as the Secretary deems appropriate from these

requirements. Until such time as the Secretary amends or modifies

the regulations set forth in 49 CFR 580.6, such regulations shall

have full force and effect.

(b) Mileage Statement Requirement for Licensing. - (1) A motor

vehicle the ownership of which is transferred may not be licensed

for use in a State unless the transferee, in submitting an

application to a State for the title on which the license will be

issued, includes with the application the transferor's title and,

if that title contains the space referred to in paragraph

(3)(A)(iii) of this subsection, a statement, signed and dated by

the transferor, of the mileage disclosure required under subsection

(a) of this section. This paragraph does not apply to a transfer of

ownership of a motor vehicle that has not been licensed before the

transfer.

(2)(A) Under regulations prescribed by the Secretary, if the

title to a motor vehicle issued to a transferor by a State is in

the possession of a lienholder when the transferor transfers

ownership of the vehicle, the transferor may use a written power of

attorney (if allowed by State law) in making the mileage disclosure

required under subsection (a) of this section. Regulations

prescribed under this paragraph -

(i) shall prescribe the form of the power of attorney;

(ii) shall provide that the form be printed by means of a

secure printing process (or other secure process);

(iii) shall provide that the State issue the form to the

transferee;

(iv) shall provide that the person exercising the power of

attorney retain a copy and submit the original to the State with

a copy of the title showing the restatement of the mileage;

(v) may require that the State retain the power of attorney and

the copy of the title for an appropriate period or that the State

adopt alternative measures consistent with section 32701(b) of

this title, after considering the costs to the State;

(vi) shall ensure that the mileage at the time of transfer be

disclosed on the power of attorney document;

(vii) shall ensure that the mileage be restated exactly by the

person exercising the power of attorney in the space referred to

in paragraph (3)(A)(iii) of this subsection;

(viii) may not require that a motor vehicle be titled in the

State in which the power of attorney was issued;

(ix) shall consider the need to facilitate normal commercial

transactions in the sale or exchange of motor vehicles; and

(x) shall provide other conditions the Secretary considers

appropriate.

(B) Section 32709(a) and (b) applies to a person granting or

granted a power of attorney under this paragraph.

(3)(A) A motor vehicle the ownership of which is transferred may

not be licensed for use in a State unless the title issued by the

State to the transferee -

(i) is produced by means of a secure printing process (or other

secure process);

(ii) indicates the mileage disclosure required to be made under

subsection (a) of this section; and

(iii) contains a space for the transferee to disclose the

mileage at the time of a future transfer and to sign and date the

disclosure.

(B) Subparagraph (A) of this paragraph does not require a State

to verify, or preclude a State from verifying, the mileage

information contained in the title.

(c) Leased Motor Vehicles. - (1) For a leased motor vehicle, the

regulations prescribed under subsection (a) of this section shall

require written disclosure about mileage to be made by the lessee

to the lessor when the lessor transfers ownership of that vehicle.

(2) Under those regulations, the lessor shall provide written

notice to the lessee of -

(A) the lessee's mileage disclosure requirements under

paragraph (1) of this subsection; and

(B) the penalties for failure to comply with those

requirements.

(3) The lessor shall retain the disclosures made by a lessee

under paragraph (1) of this subsection for at least 4 years

following the date the lessor transfers the leased motor vehicle.

(4) If the lessor transfers ownership of a leased motor vehicle

without obtaining possession of the vehicle, the lessor, in making

the disclosure required by subsection (a) of this section, may

indicate on the title the mileage disclosed by the lessee under

paragraph (1) of this subsection unless the lessor has reason to

believe that the disclosure by the lessee does not reflect the

actual mileage of the vehicle.

(d) State Alternate Vehicle Mileage Disclosure Requirements. -

The requirements of subsections (b) and (c)(1) of this section on

the disclosure of motor vehicle mileage when motor vehicles are

transferred or leased apply in a State unless the State has in

effect alternate motor vehicle mileage disclosure requirements

approved by the Secretary. The Secretary shall approve alternate

motor vehicle mileage disclosure requirements submitted by a State

unless the Secretary decides that the requirements are not

consistent with the purpose of the disclosure required by

subsection (b) or (c), as the case may be.

(e) Auction Sales. - If a motor vehicle is sold at an auction,

the auction company conducting the auction shall maintain the

following records for at least 4 years after the date of the sale:

(1) the name of the most recent owner of the motor vehicle

(except the auction company) and the name of the buyer of the

motor vehicle.

(2) the vehicle identification number required under chapter

301 or 331 of this title.

(3) the odometer reading on the date the auction company took

possession of the motor vehicle.

(f) Application and Revision of State Law. - (1) Except as

provided in paragraph (2) of this subsection, subsections (b)-(e)

of this section apply to the transfer of a motor vehicle after

April 28, 1989.

(2) If a State requests, the Secretary shall assist the State in

revising its laws to comply with subsection (b) of this section. If

a State requires time beyond April 28, 1989, to revise its laws to

achieve compliance, the Secretary, on request of the State, may

grant additional time that the Secretary considers reasonable by

publishing a notice in the Federal Register. The notice shall

include the reasons for granting the additional time. In granting

additional time, the Secretary shall ensure that the State is

making reasonable efforts to achieve compliance.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1049; Pub. L.

103-429, Sec. 6(34), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

104-287, Sec. 5(62), Oct. 11, 1996, 110 Stat. 3394; Pub. L.

105-178, title VII, Sec. 7105, June 9, 1998, 112 Stat. 467.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32705(a) 15:1988(a). Oct. 20, 1972, Pub. L.

92-513, Sec. 408(a), 86

Stat. 962.

15:1988(b) (related Oct. 20, 1972, Pub. L.

to false 92-513, Sec. 408(b) (related

statements). to false statements), 86

Stat. 963; restated July 14,

1976, Pub. L. 94-364, Sec.

406, 90 Stat. 983.

15:1988(c). Oct. 20, 1972, Pub. L.

92-513, Sec. 408(c), 86

Stat. 963; restated July 14,

1976, Pub. L. 94-364, Sec.

406, 90 Stat. 984.

32705(b)(1) 15:1988(d)(1)(A), Oct. 20, 1972, Pub. L.

(B). 92-513, 86 Stat. 947, Sec.

408(d)(1)(A), (B), (2)-(g);

added Oct. 28, 1986, Pub. L.

99-579, Sec. 2(a), 100 Stat.

3309.

32705(b)(2) 15:1988(d)(1)(C). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

408(d)(1)(C); added Oct. 31,

1988, Pub. L. 100-561, Sec.

401, 102 Stat. 2817; Nov.

28, 1990, Pub. L. 101-641,

Sec. 7(a), 104 Stat. 4657.

15:1988 (note). Nov. 28, 1990, Pub. L.

101-641, Sec. 7(b) (last

sentence), 104 Stat. 4657.

32705(b)(3) 15:1988(d)(2).

32705(c) 15:1988(e).

32705(d) 15:1988(f).

32705(e) 15:1988(g).

32705(f) 15:1988 (note). Oct. 28, 1986, Pub. L.

99-579, Sec. 2(c), 100 Stat.

3310.

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "Not later

than 90 days after October 20, 1972" are omitted as executed. In

clause (B), the words "if the transferor knows that the mileage

registered by the odometer is incorrect" are substituted for "if

the odometer reading is known to the transferor to be different

from the number of miles the vehicle has actually traveled" to

eliminate unnecessary words.

In subsection (b)(2)(A), before clause (i), the words "Under

regulations prescribed by the Secretary" are substituted for

"prescribed by rule by the Secretary" for consistency in the

revised title and because "rule" is synonymous with "regulation".

The words "to a transferor" are added for clarity. The words

"before February 1, 1989" are omitted as expired. The words "in the

possession of" are substituted for "physically held by", and the

words "when the transferor transfers ownership of the vehicle" are

substituted for "at the time of a transfer of such motor vehicle",

for clarity and consistency. The words "the transferor may" are

substituted for "nothing in this subsection shall be construed to

prohibit" for clarity and to eliminate unnecessary words. Clause

(i) is substituted for "in a form" and clause (ii) is substituted

for "in accordance with paragraph (2)(A)(i)" for clarity and

consistency. In clause (iii), the words "consistent with the

purposes of this Act and the need to facilitate enforcement

thereof" are omitted as surplus. In clauses (iv), (v), (viii), and

(ix), the amendment made by section 7(a) of the Independent Safety

Board Act Amendments of 1990 (Public Law 101-641, 104 Stat. 4657)

is restated as amending section 408(d)(1)(C) of the Motor Vehicle

and Cost Savings Act (15 U.S.C. 1988(d)(1)(C)) instead of section

408(d)(2)(C) of that Act to reflect the probable intent of

Congress. There is no section 408(d)(2)(C) in that Act. Clause

(vii) is substituted for "and under reasonable conditions" for

clarity and consistency.

In subsection (b)(3)(A), before clause (i), the words "following

such transfer" are omitted as surplus. In clause (i), the word

"produced" is substituted for "set forth" for clarity. In clause

(iii), the words "(in the event of a future transfer)" are omitted

as surplus.

In subsection (d), the text of 15:1988(f)(1) (last sentence) is

omitted as surplus because of 49:322(a).

In subsection (e), before clause (1), the words "establish and"

are omitted as executed.

In subsection (f)(1), the text of section 2(c)(3) of the Truth in

Mileage Act of 1986 (Public Law 99-579, 100 Stat. 3311) is omitted

as surplus.

PUB. L. 103-429

This amends 49:32705(c)(2)(A) to clarify the restatement of

15:1988(e)(2)(A) by section 1 of the Act of July 5, 1994 (Public

Law 103-272, 108 Stat. 1051).

PUB. L. 104-287

This amends 49:32702(8) and 32705 to clarify the restatement of

15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public

Law 103-272, 108 Stat. 1049).

AMENDMENTS

1998 - Subsec. (a)(4), (5). Pub. L. 105-178 added pars. (4) and

(5).

1996 - Subsec. (a). Pub. L. 104-287, Sec. 5(62)(A), substituted

"Disclosure requirements" for "Written disclosure requirements" in

heading and amended text generally. Prior to amendment, text read

as follows:

"(1) Under regulations prescribed by the Secretary of

Transportation, a person transferring ownership of a motor vehicle

shall give the transferee a written disclosure -

"(A) of the cumulative mileage registered by the odometer; or

"(B) that the mileage is unknown if the transferor knows that

the mileage registered by the odometer is incorrect.

"(2) A person making a written disclosure required by a

regulation prescribed under paragraph (1) of this subsection may

not make a false statement in the disclosure.

"(3) A person acquiring a motor vehicle for resale may accept a

disclosure under this section only if it is complete.

"(4) The regulations prescribed by the Secretary shall provide

the way in which information is disclosed and retained under this

section."

Subsec. (b)(3)(A). Pub. L. 104-287, Sec. 5(62)(B), substituted

"may not be licensed for use in a State unless" for "may be

licensed for use in a State only if" in introductory provisions.

1994 - Subsec. (c)(2)(A). Pub. L. 103-429 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: "the

mileage disclosure requirements of subsection (a) of this section;

and".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

REGULATIONS

Section 4(q) of Pub. L. 103-272 provided that: "The revision of

regulations, referred to in section 32705(b)(2)(A) of title 49,

United States Code, as enacted by section 1 of this Act, that is

required by section 7 of the Independent Safety Board Act

Amendments of 1990 (Public Law 101-641, 104 Stat. 4657) [former 15

U.S.C. 1988(d)(1)(C), 1988 note] shall be prescribed not later than

May 28, 1991."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30502, 32703 of this

title.

-End-

-CITE-

49 USC Sec. 32706 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32706. Inspections, investigations, and records

-STATUTE-

(a) Authority To Inspect and Investigate. - Subject to section

32707 of this title, the Secretary of Transportation may conduct an

inspection or investigation necessary to carry out this chapter or

a regulation prescribed or order issued under this chapter. The

Secretary shall cooperate with State and local officials to the

greatest extent possible in conducting an inspection or

investigation. The Secretary may give the Attorney General

information about a violation of this chapter or a regulation

prescribed or order issued under this chapter.

(b) Entry, Inspection, and Impoundment. - (1) In carrying out

subsection (a) of this section, an officer or employee designated

by the Secretary, on display of proper credentials and written

notice to the owner, operator, or agent in charge, may -

(A) enter and inspect commercial premises in which a motor

vehicle or motor vehicle equipment is manufactured, held for

shipment or sale, maintained, or repaired;

(B) enter and inspect noncommercial premises in which the

Secretary reasonably believes there is a motor vehicle or motor

vehicle equipment that is an object of a violation of this

chapter;

(C) inspect that motor vehicle or motor vehicle equipment; and

(D) impound for not more than 72 hours for inspection a motor

vehicle or motor vehicle equipment that the Secretary reasonably

believes is an object of a violation of this chapter.

(2) An inspection or impoundment under this subsection shall be

conducted at a reasonable time, in a reasonable way, and with

reasonable promptness. The written notice may consist of a warrant

issued under section 32707 of this title.

(c) Reasonable Compensation. - When the Secretary impounds for

inspection a motor vehicle (except a vehicle subject to subchapter

I of chapter 135 of this title) or motor vehicle equipment under

subsection (b)(1)(D) of this section, the Secretary shall pay

reasonable compensation to the owner of the vehicle or equipment if

the inspection or impoundment results in denial of use, or

reduction in value, of the vehicle or equipment.

(d) Records and Information Requirements. - (1) To enable the

Secretary to decide whether a dealer or distributor is complying

with this chapter and regulations prescribed and orders issued

under this chapter, the Secretary may require the dealer or

distributor -

(A) to keep records;

(B) to provide information from those records if the Secretary

states the purpose for requiring the information and identifies

the information to the fullest extent practicable; and

(C) to allow an officer or employee designated by the Secretary

to inspect relevant records of the dealer or distributor.

(2) This subsection and subsection (e)(1)(B) of this section do

not authorize the Secretary to require a dealer or distributor to

provide information on a regular periodic basis.

(e) Administrative Authority and Civil Actions To Enforce. - (1)

In carrying out this chapter, the Secretary may -

(A) inspect and copy records of any person at reasonable times;

(B) order a person to file written reports or answers to

specific questions, including reports or answers under oath; and

(C) conduct hearings, administer oaths, take testimony, and

require (by subpena or otherwise) the appearance and testimony of

witnesses and the production of records the Secretary considers

advisable.

(2) A witness summoned under this subsection is entitled to the

same fee and mileage the witness would have been paid in a court of

the United States.

(3) A civil action to enforce a subpena or order of the Secretary

under this subsection may be brought in the United States district

court for any judicial district in which the proceeding by the

Secretary is conducted. The court may punish a failure to obey an

order of the court to comply with the subpena or order of the

Secretary as a contempt of court.

(f) Prohibitions. - A person may not fail to keep records, refuse

access to or copying of records, fail to make reports or provide

information, fail to allow entry or inspection, or fail to permit

impoundment, as required under this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1052; Pub. L.

103-429, Sec. 6(35), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

105-102, Sec. 2(19), Nov. 20, 1997, 111 Stat. 2205.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32706(a) 15:1990d(a)(1). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Secs.

414(a)-(c), 416; added July

14, 1976, Pub. L. 94-364,

Sec. 408(2), 90 Stat. 985,

988.

32706(b) 15:1990d(a)(2).

32706(c) 15:1990d(a)(3).

32706(d) 15:1990d(b).

32706(e)(1) 15:1990d(c)(1)-(3).

32706(e)(2) 15:1990d(c)(5).

32706(e)(3) 15:1990d(c)(4).

32706(f) 15:1990f.

--------------------------------------------------------------------

In subsection (a), the words "Subject to section 32707 of this

title" are added for clarity. The words "appropriate" and

"consistent with the purposes of this subsection" are omitted as

surplus. The words "The Secretary may give the Attorney General

information" are substituted for "Information obtained . . . may be

referred to the Attorney General for investigative consideration"

to eliminate unnecessary words.

In subsection (b)(1), before clause (A), the words "duly" and

"stating their purpose and" are omitted as surplus. In clause (A),

the words "any factory, warehouse, establishment, or other" are

omitted as surplus.

In subsection (b)(2), the words "shall be commenced and

completed" are omitted as surplus. The words "a warrant issued

under section 32707 of this title" are substituted for "an

administrative inspection warrant" for clarity.

In subsection (c), the words "the authority of" and "any item of"

are omitted as surplus.

In subsection (d)(1), before clause (A), the words "the Secretary

may require" are substituted for "as the Secretary may reasonably

require" and "as the Secretary finds necessary" to eliminate

unnecessary words. In clause (B), the words "such officer or

employee" and "reason or" are omitted as surplus. In clause (C),

the words "duly" and "upon request of such officer or employee" are

omitted as surplus.

In subsection (d)(2), the words "and subsection (e)(1)(B) of this

section" are added for clarity.

In subsection (e)(1), before clause (A), the words "In carrying

out this chapter" are substituted for "For the purpose of carrying

out the provisions of this subchapter", "In order to carry out the

provisions of this subchapter", "relevant to any function of the

Secretary under this subchapter", and "relating to any function of

the Secretary under this subchapter" for consistency. The words

"or, with the authorization of the Secretary, any officer or

employee of the Department of Transportation" and "or his duly

authorized agent" are omitted as surplus because of 49:322(b). In

clause (A), the words "inspect and copy" are substituted for "have

access to, and for the purposes of examination the right to copy"

to eliminate unnecessary words. The word "records" is substituted

for "documentary evidence" for consistency. The words "having

materials or information" are omitted as surplus. In clause (B),

the word "order" is substituted for "require, by general or special

orders" to eliminate unnecessary words. The words "in such form as

the Secretary may prescribe" and "shall be filed with the Secretary

within such reasonable period as the Secretary may prescribe" are

omitted as surplus because of 49:322(a). In clause (C), the words

"sit and act at such times and places" are omitted as being

included in "conduct hearings".

In subsection (e)(3), the words "A civil action to enforce a

subpena or order of the Secretary under this subsection may be

brought in the United States district court for the judicial

district in which the proceeding by the Secretary was conducted"

are substituted for 15:1990d(c)(4) (words before last comma) for

consistency in the revised title and to eliminate unnecessary

words.

PUB. L. 103-429

This amends 49:32706(e)(3) to clarify the restatement of

15:1990d(c)(4) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1053).

PUB. L. 105-102

This amends 49:32706(c) to correct a cross-reference necessary

because of the restatement of subtitle IV of title 49 by the ICC

Termination Act (Public Law 104-88, 109 Stat. 803).

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-102 substituted "subchapter I of

chapter 135" for "subchapter II of chapter 105".

1994 - Subsec. (e)(3). Pub. L. 103-429 substituted "any judicial

district in which the proceeding by the Secretary is conducted."

for "the judicial district in which the proceeding by the Secretary

was conducted."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32707 of this title.

-End-

-CITE-

49 USC Sec. 32707 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32707. Administrative warrants

-STATUTE-

(a) Definition. - In this section, "probable cause" means a valid

public interest in the effective enforcement of this chapter or a

regulation prescribed under this chapter sufficient to justify the

inspection or impoundment in the circumstances stated in an

application for a warrant under this section.

(b) Warrant Requirement and Issuance. - (1) Except as provided in

paragraph (4) of this subsection, an inspection or impoundment

under section 32706 of this title may be carried out only after a

warrant is obtained.

(2) A judge of a court of the United States or a State court of

record or a United States magistrate may issue a warrant for an

inspection or impoundment under section 32706 of this title within

the territorial jurisdiction of the court or magistrate. The

warrant must be based on an affidavit that -

(A) establishes probable cause to issue the warrant; and

(B) is sworn to before the judge or magistrate by an officer or

employee who knows the facts alleged in the affidavit.

(3) The judge or magistrate shall issue the warrant when the

judge or magistrate decides there is a reasonable basis for

believing that probable cause exists to issue the warrant. The

warrant must -

(A) identify the premises, property, or motor vehicle to be

inspected and the items or type of property to be impounded;

(B) state the purpose of the inspection, the basis for issuing

the warrant, and the name of the affiant;

(C) direct an individual authorized under section 32706 of this

title to inspect the premises, property, or vehicle for the

purpose stated in the warrant and, when appropriate, to impound

the property specified in the warrant;

(D) direct that the warrant be served during the hours

specified in the warrant; and

(E) name the judge or magistrate with whom proof of service is

to be filed.

(4) A warrant under this section is not required when -

(A) the owner, operator, or agent in charge of the premises

consents;

(B) it is reasonable to believe that the mobility of the motor

vehicle to be inspected makes it impractical to obtain a warrant;

(C) an application for a warrant cannot be made because of an

emergency;

(D) records are to be inspected and copied under section

32706(e)(1)(A) of this title; or

(E) a warrant is not constitutionally required.

(c) Service and Impoundment of Property. - (1) A warrant issued

under this section must be served and proof of service filed not

later than 10 days after its issuance date. The judge or magistrate

may allow additional time in the warrant if the Secretary of

Transportation demonstrates a need for additional time. Proof of

service must be filed promptly with a written inventory of the

property impounded under the warrant. The inventory shall be made

in the presence of the individual serving the warrant and the

individual from whose possession or premises the property was

impounded, or if that individual is not present, a credible

individual except the individual making the inventory. The

individual serving the warrant shall verify the inventory. On

request, the judge or magistrate shall send a copy of the inventory

to the individual from whose possession or premises the property

was impounded and to the applicant for the warrant.

(2) When property is impounded under a warrant, the individual

serving the warrant shall -

(A) give the person from whose possession or premises the

property was impounded a copy of the warrant and a receipt for

the property; or

(B) leave the copy and receipt at the place from which the

property was impounded.

(3) The judge or magistrate shall file the warrant, proof of

service, and all documents filed about the warrant with the clerk

of the United States district court for the judicial district in

which the inspection is made.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1053.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32707(a) 15:1990e(b)(1) Oct. 20, 1972, Pub. L.

(last sentence). 92-513, 86 Stat. 947, Sec.

415; added July 14, 1976,

Pub. L. 94-364, Sec. 408(2),

90 Stat. 987.

32707(b)(1) 15:1990e(a) (words

before 1st comma).

32707(b)(2) 15:1990e(b)(1) (1st

sentence), (2) (1st

sentence).

32707(b)(3) 15:1990e(b)(2) (2d,

last sentences).

32707(b)(4) 15:1990e(a) (words

after 1st comma).

32707(c)(1) 15:1990e(b)(3)

(1st, 3d-last

sentences).

32707(c)(2) 15:1990e(b)(3) (2d

sentence).

32707(c)(3) 15:1990e(b)(4).

--------------------------------------------------------------------

In subsection (a), the words "inspection or impoundment" are

substituted for "administrative inspections of the area, factory,

warehouse, establishment, premises, or motor vehicle, or contents

thereof" to eliminate unnecessary words and for consistency in this

section.

In subsection (b)(1), the words "Except as provided in paragraph

(4) of this subsection" are added for clarity. The words "an

inspection or impoundment" are substituted for "any entry or

administrative inspection (including impoundment of motor vehicles

or motor vehicle equipment)" to eliminate unnecessary words.

In subsection (b)(2), before clause (A), the words "inspection or

impoundment" are substituted for "the purpose of conducting

administrative inspections authorized by section 1990d of this

title and impoundment of motor vehicles or motor vehicle equipment

appropriate to such inspections" for consistency in this section.

The words "of the court or magistrate" are substituted for "his"

for clarity. The words "and upon proper oath or affirmation" are

omitted as surplus because of clause (B). Clause (A) is substituted

for "showing probable cause" and "and establishing the grounds for

issuing the warrant" to eliminate unnecessary words.

In subsection (b)(3), before clause (A), the words "when the

judge or magistrate decides there is a reasonable basis for

believing that probable cause exists to issue the warrant" are

substituted for "If the judge or magistrate is satisfied that

grounds for the application exist or that there is a reasonable

basis for believing they exist" for consistency in this section and

to eliminate unnecessary words. In clauses (A) and (C), the words

"area, factory, warehouse, establishment" are omitted as being

included in "premises". In clause (A), the word "property" is

substituted for "and, where appropriate, the type of property to be

inspected, if any" to eliminate unnecessary words. In clause (B),

the words "the name of the affiant" are substituted for "the name

of the person or persons whose affidavit has been taken in support

thereof" to eliminate unnecessary words. In clause (C), the words

"command the person to whom it is directed" are omitted as surplus.

The word "property" is added for consistency with the source

provisions restated in clause (A) of this paragraph. In clause (E),

the words "proof of service is to be filed" are substituted for "it

shall be returned" for clarity.

In subsection (b)(4)(A), the words "factory, warehouse,

establishment" are omitted as being included in "premises".

Subsection (b)(4)(C) is substituted for 15:1990e(a)(3) to

eliminate unnecessary words.

In subsection (b)(4)(D), the words "are to be inspected and

copied" are substituted for "for access to and examination" for

consistency.

In subsection (b)(4)(E), the words "in any other situations

where" are omitted as surplus.

In subsection (c)(2)(A), the words "from whose possession or" are

substituted for "from whom or from whose" for clarity.

In subsection (c)(3), the words "shall file the warrant, proof of

service, and all documents filed about the warrant" are substituted

for "shall attach to the warrant a copy of the return and all

papers filed in connection therewith and shall file them" to

eliminate unnecessary words. The words "United States district

court" are substituted for "district court of the United States"

for consistency with the definition in section 32101 of the revised

title and with other provisions of the chapter.

-CHANGE-

CHANGE OF NAME

Reference to United States magistrate or to magistrate deemed to

refer to United States magistrate judge pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32706 of this title.

-End-

-CITE-

49 USC Sec. 32708 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32708. Confidentiality of information

-STATUTE-

(a) General. - Information obtained by the Secretary of

Transportation under this chapter related to a confidential matter

referred to in section 1905 of title 18 may be disclosed only -

(1) to another officer or employee of the United States

Government for use in carrying out this chapter; or

(2) in a proceeding under this chapter.

(b) Withholding Information From Congress. - This section does

not authorize information to be withheld from a committee of

Congress authorized to have the information.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1054.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32708 15:1990d(d). Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

414(d); added July 14, 1976,

Pub. L. 94-364, Sec. 408(2),

90 Stat. 987.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "reported to or

otherwise" and "or his representative" are omitted as surplus. The

words "related to a confidential matter referred to" are

substituted for "contains or relates to a trade secret or other

matter referred to" to eliminate unnecessary words. The words

"shall be considered confidential for the purpose of that section"

are omitted as surplus.

In subsection (b), the words "a committee of Congress authorized

to have the information" are substituted for "the duly authorized

committees of the Congress" for clarity.

-End-

-CITE-

49 USC Sec. 32709 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32709. Penalties and enforcement

-STATUTE-

(a) Civil Penalty. - (1) A person that violates this chapter or a

regulation prescribed or order issued under this chapter is liable

to the United States Government for a civil penalty of not more

than $2,000 for each violation. A separate violation occurs for

each motor vehicle or device involved in the violation. The maximum

penalty under this subsection for a related series of violations is

$100,000.

(2) The Secretary of Transportation shall impose a civil penalty

under this subsection. The Attorney General shall bring a civil

action to collect the penalty. Before referring a penalty claim to

the Attorney General, the Secretary may compromise the amount of

the penalty. Before compromising the amount of the penalty, the

Secretary shall give the person charged with a violation an

opportunity to establish that the violation did not occur.

(3) In determining the amount of a civil penalty under this

subsection, the Secretary shall consider -

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, the degree of culpability,

any history of prior violations, the ability to pay, and any

effect on the ability to continue doing business; and

(C) other matters that justice requires.

(b) Criminal Penalty. - A person that knowingly and willfully

violates this chapter or a regulation prescribed or order issued

under this chapter shall be fined under title 18, imprisoned for

not more than 3 years, or both. If the person is a corporation, the

penalties of this subsection also apply to a director, officer, or

individual agent of a corporation who knowingly and willfully

authorizes, orders, or performs an act in violation of this chapter

or a regulation prescribed or order issued under this chapter

without regard to penalties imposed on the corporation.

(c) Civil Actions by Attorney General. - The Attorney General may

bring a civil action to enjoin a violation of this chapter or a

regulation prescribed or order issued under this chapter. The

action may be brought in the United States district court for the

judicial district in which the violation occurred or the defendant

is found, resides, or does business. Process in the action may be

served in any other judicial district in which the defendant

resides or is found. A subpena for a witness in the action may be

served in any judicial district.

(d) Civil Actions by States. - (1) When a person violates this

chapter or a regulation prescribed or order issued under this

chapter, the chief law enforcement officer of the State in which

the violation occurs may bring a civil action -

(A) to enjoin the violation; or

(B) to recover amounts for which the person is liable under

section 32710 of this title for each person on whose behalf the

action is brought.

(2) An action under this subsection may be brought in an

appropriate United States district court or in a State court of

competent jurisdiction. The action must be brought not later than 2

years after the claim accrues.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1054.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32709(a) 15:1988(b) (related Oct. 20, 1972, Pub. L.

to violating rules). 92-513, Sec. 408(b) (related

to violating rules), 86

Stat. 963; restated July 14,

1976, Pub. L. 94-364, Sec.

406, 90 Stat. 983.

15:1990b. Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Secs.

412, 413; added July 14,

1976, Pub. L. 94-364, Sec.

408(2), 90 Stat. 984; Oct.

28, 1986, Pub. L. 99-579,

Sec. 3, 100 Stat. 3311.

32709(b) 15:1988(b) (related

to violating rules).

15:1990c.

32709(c) 15:1990. Oct. 20, 1972, Pub. L.

92-513, Sec. 410, 86 Stat.

963; restated July 14, 1976,

Pub. L. 94-364, Sec. 407, 90

Stat. 984.

32709(d) 15:1990a. Oct. 20, 1972, Pub. L.

92-513, 86 Stat. 947, Sec.

411; added July 14, 1976,

Pub. L. 94-364, Sec. 408(2),

90 Stat. 984.

--------------------------------------------------------------------

In subsection (a)(1), the words "that violates this chapter" are

substituted for "who commits any act or causes to be done any act

that violates any provision of this subchapter or omits to do any

act or causes to be omitted any act that is required by any such

provision" in 15:1990b(a) for consistency and to eliminate

unnecessary words. The words "or a regulation prescribed or order

issued under this chapter" are substituted for "No transferor shall

violate any rule prescribed under this section" in 15:1988 for

consistency in the revised title and because "rule" is synonymous

with "regulations". The words "A separate violation occurs for each

motor vehicle or device involved in the violation" are substituted

for "A violation of any such provision shall, for purposes of this

section, constitute a separate violation with respect to each motor

vehicle or device involved" in 15:1990b(a) to eliminate unnecessary

words.

In subsection (a)(2), the words "on behalf of the United States"

are omitted as surplus. The words "Before compromising the amount

of a penalty, the Secretary shall give" are substituted for "after

affording" for clarity. The words "to present views and evidence in

support thereof" and "alleged" are omitted as surplus.

In subsection (b), the words "that knowingly and willfully

violates this chapter" are substituted for "knowingly and willfully

commits any act or causes to be done any act that violates any

provision of this subchapter or knowingly and willfully omits to do

any act or causes to be omitted any act that is required by such

provision" to eliminate unnecessary words. The words "or a

regulation prescribed or order issued under this chapter" are

substituted for "No transferor shall violate any rule prescribed

under this section" in 15:1988 for consistency in the revised title

and because "rule" is synonymous with "regulation". The words

"fined under title 18" are substituted for "fined not more than

$50,000" for consistency with title 18. The words "an act in

violation of" are substituted for "any of the acts or practices

constituting in whole or in part a violation of" to eliminate

unnecessary words.

In subsections (c) and (d), the word "enjoin" is substituted for

"restrain" for consistency.

In subsection (c), the words "The United States district courts

shall have jurisdiction" are omitted because of 28:1331. The words

"for cause shown and subject to the provisions of rule 65(a) and

(b) of the Federal Rules of Civil Procedure" are omitted as surplus

because the rules apply in the absence of an exemption from them.

The words "the violation occurred" are substituted for "wherein any

act, omission, or transaction constituting the violation occurred",

and the word "resides" is substituted for "is an inhabitant", to

eliminate unnecessary words. The words "may be served in" are

substituted for "may run into" for clarity.

In subsection (d)(1), before clause (A), the words "this chapter

or a regulation prescribed or order issued under this chapter" are

substituted for "requirement imposed under this subchapter" for

consistency. The words "civil action" are substituted for "any

action" for consistency with rule 2 of the Federal Rules of Civil

Procedure (28 App. U.S.C.).

In subsection (d)(2), the words "without regard to the amount in

controversy" are omitted because jurisdiction is now allowed under

28:1331 without regard to the amount in controversy. The words

"United States district court" are substituted for "district court

of the United States" for consistency with the definition in

section 32101 of the revised title and with other provisions of the

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32705 of this title.

-End-

-CITE-

49 USC Sec. 32710 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32710. Civil actions by private persons

-STATUTE-

(a) Violation and Amount of Damages. - A person that violates

this chapter or a regulation prescribed or order issued under this

chapter, with intent to defraud, is liable for 3 times the actual

damages or $1,500, whichever is greater.

(b) Civil Actions. - A person may bring a civil action to enforce

a claim under this section in an appropriate United States district

court or in another court of competent jurisdiction. The action

must be brought not later than 2 years after the claim accrues. The

court shall award costs and a reasonable attorney's fee to the

person when a judgment is entered for that person.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1055.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32710(a) 15:1989(a)(1). Oct. 20, 1972, Pub. L.

92-513, Sec. 409, 86 Stat.

963.

32710(b) 15:1989(a)(2), (b).

--------------------------------------------------------------------

In subsection (a), the words "this chapter or a regulation

prescribed or order issued under this chapter" are substituted for

"requirement imposed under this subchapter" for consistency.

In subsection (b), the words "A person may bring a civil action

to enforce a claim" are substituted for "An action to enforce any

liability created . . . may be brought" for consistency with rule 2

of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word

"appropriate" is added for clarity. The words "without regard to

the amount in controversy" are omitted because jurisdiction is now

allowed under 28:1331 without regard to the amount in controversy.

The words "after the claim accrues" are substituted for "from the

date on which the liability arises" to eliminate unnecessary words.

The words "The court shall award . . . to the person when a

judgment is entered for that person" are substituted for "in the

case of any successful action to enforce the foregoing liability .

. . as determined by the court" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32709 of this title.

-End-

-CITE-

49 USC Sec. 32711 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART C - INFORMATION, STANDARDS, AND REQUIREMENTS

CHAPTER 327 - ODOMETERS

-HEAD-

Sec. 32711. Relationship to State law

-STATUTE-

Except to the extent that State law is inconsistent with this

chapter, this chapter does not -

(1) affect a State law on disconnecting, altering, or tampering

with an odometer with intent to defraud; or

(2) exempt a person from complying with that law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1056.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

32711 15:1991. Oct. 20, 1972, Pub. L.

92-513, Sec. 418, 86 Stat.

963; July 14, 1976, Pub. L.

94-364, Sec. 408(1), 90

Stat. 984.

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In this section, before clause (1), the words "and then only to

the extent of the inconsistency" are omitted as surplus. In clause

(1), the word "affect" is substituted for "annul, alter, or affect"

to eliminate unnecessary words. In clause (2), the words "subject

to the provisions of this subchapter" are omitted as surplus.

-End-