US (United States) Code. Title 49. Subtitle VI. Part A. Chapter 305: National Motors Vehicle Title Information

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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publicidad

-CITE-

49 USC CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE

INFORMATION SYSTEM 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-HEAD-

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-MISC1-

Sec.

30501. Definitions.

30502. National Motor Vehicle Title Information System.

30503. State participation.

30504. Reporting requirements.

30505. Penalties and enforcement.

AMENDMENTS

1997 - Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215,

amended directory language of Pub. L. 104-152. See 1996 Amendment

note below.

1996 - Pub. L. 104-152, Sec. 2(c), July 2, 1996, 110 Stat. 1384,

as amended by Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat.

2215, substituted "National Motor Vehicle Title Information System"

for "National Automobile Title Information System" in chapter

heading and in item 30502.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 18 section 2721.

-End-

-CITE-

49 USC Sec. 30501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-HEAD-

Sec. 30501. Definitions

-STATUTE-

In this chapter -

(1) "automobile" has the same meaning given that term in

section 32901(a) of this title.

(2) "certificate of title" means a document issued by a State

showing ownership of an automobile.

(3) "insurance carrier" means an individual or entity engaged

in the business of underwriting automobile insurance.

(4) "junk automobile" means an automobile that -

(A) is incapable of operating on public streets, roads, and

highways; and

(B) has no value except as a source of parts or scrap.

(5) "junk yard" means an individual or entity engaged in the

business of acquiring or owning junk automobiles for -

(A) resale in their entirety or as spare parts; or

(B) rebuilding, restoration, or crushing.

(6) "operator" means the individual or entity authorized or

designated as the operator of the National Motor Vehicle Title

Information System under section 30502(b) of this title, or the

Attorney General, if there is no authorized or designated

individual or entity.

(7) "salvage automobile" means an automobile that is damaged by

collision, fire, flood, accident, trespass, or other event, to

the extent that its fair salvage value plus the cost of repairing

the automobile for legal operation on public streets, roads, and

highways would be more than the fair market value of the

automobile immediately before the event that caused the damage.

(8) "salvage yard" means an individual or entity engaged in the

business of acquiring or owning salvage automobiles for -

(A) resale in their entirety or as spare parts; or

(B) rebuilding, restoration, or crushing.

(9) "State" means a State of the United States or the District

of Columbia.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 979; Pub. L.

104-152, Secs. 2(c), 3(a), July 2, 1996, 110 Stat. 1384; Pub. L.

105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30501 15:2041. Oct. 25, 1992, Pub. L.

102-519, Sec. 201, 106 Stat.

3389.

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

In subsection (a)(2), the word "showing" is substituted for

"evidencing" to use a more commonly understood term.

In subsection (a)(3), (5), and (8), the words "individual or

entity" are substituted for "individual, corporation, or other

entity" for clarity and consistency in the revised title and with

other titles of the United States Code.

In subsection (a)(4) and (7), the words "public streets, roads,

and highways" are substituted for "roads or highways" for clarity

and consistency in the revised title.

In subsection (a)(6), the words "National Automobile Title

Information System" are substituted for "information system" for

clarity. The words "no authorized or designated individual or

entity" are substituted for "no such individual or entity is

authorized" for clarity

In subsection (a)(7), the word "event" is substituted for

"occurrence" for clarity and consistency.

The text of 15:2041(9) is omitted because the complete title of

the Secretary of Transportation is used the first time the term

appears in a section.

AMENDMENTS

1997 - Par. (6). Pub. L. 105-102 amended directory language of

Pub. L. 104-152, Sec. 2(c). See 1996 Amendment note below.

1996 - Par. (6). Pub. L. 104-152, Sec. 3(a), substituted

"Attorney General" for "Secretary of Transportation".

Pub. L. 104-152, Sec. 2(c), as amended by Pub. L. 105-102, Sec.

3(b), substituted "National Motor Vehicle Title Information System"

for "National Automobile Title Information System".

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(b) is effective July

2, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

-End-

-CITE-

49 USC Sec. 30502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-HEAD-

Sec. 30502. National Motor Vehicle Title Information System

-STATUTE-

(a) Establishment or Designation. - (1) In cooperation with the

States and not later than December 31, 1997, the Attorney General

shall establish a National Motor Vehicle Title Information System

that will provide individuals and entities referred to in

subsection (e) of this section with instant and reliable access to

information maintained by the States related to automobile titling

described in subsection (d) of this section. However, if the

Attorney General decides that the existing information system meets

the requirements of subsections (d) and (e) of this section and

will permit the Attorney General to carry out this chapter as early

as possible, the Attorney General, in consultation with the

Secretary of Transportation, may designate an existing information

system as the National Motor Vehicle Title Information System.

(2) In cooperation with the Secretary of Transportation and the

States, the Attorney General shall ascertain the extent to which

title and related information to be included in the system

established under paragraph (1) of this subsection will be

adequate, timely, reliable, uniform, and capable of assisting in

efforts to prevent the introduction or reintroduction of stolen

vehicles and parts into interstate commerce.

(b) Operation. - The Attorney General may authorize the operation

of the System established or designated under subsection (a)(1) of

this section by agreement with one or more States, or by

designating, after consulting with the States, a third party that

represents the interests of the States.

(c) User Fees. - Operation of the System established or

designated under subsection (a)(1) of this section shall be paid

for by user fees and should be self-sufficient and not be dependent

on amounts from the United States Government. The amount of fees

the operator collects and keeps under this subsection subject to

annual appropriation laws, excluding fees the operator collects and

pays to an entity providing information to the operator, may be not

more than the costs of operating the System.

(d) Information Requirements. - The System established or

designated under subsection (a)(1) of this section shall permit a

user of the System at least to establish instantly and reliably -

(1) the validity and status of a document purporting to be a

certificate of title;

(2) whether an automobile bearing a known vehicle

identification number is titled in a particular State;

(3) whether an automobile known to be titled in a particular

State is or has been a junk automobile or a salvage automobile;

(4) for an automobile known to be titled in a particular State,

the odometer mileage disclosure required under section 32705 of

this title for that automobile on the date the certificate of

title for that automobile was issued and any later mileage

information, if noted by the State; and

(5) whether an automobile bearing a known vehicle

identification number has been reported as a junk automobile or a

salvage automobile under section 30504 of this title.

(e) Availability of Information. - (1) The operator shall make

available -

(A) to a participating State on request of that State,

information in the System about any automobile;

(B) to a Government, State, or local law enforcement official

on request of that official, information in the System about a

particular automobile, junk yard, or salvage yard;

(C) to a prospective purchaser of an automobile on request of

that purchaser, including an auction company or entity engaged in

the business of purchasing used automobiles, information in the

System about that automobile; and

(D) to a prospective or current insurer of an automobile on

request of that insurer, information in the System about that

automobile.

(2) The operator may release only the information reasonably

necessary to satisfy the requirements of paragraph (1) of this

subsection. The operator may not collect an individual's social

security account number or permit users of the System to obtain an

individual's address or social security account number.

(f) Immunity. - Any person performing any activity under this

section or sections 30503 or 30504 in good faith and with the

reasonable belief that such activity was in accordance with this

section or section 30503 or 30504, as the case may be, 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 980; Pub. L.

104-152, Secs. 2(a), (c), 3, 4, July 2, 1996, 110 Stat. 1384; Pub.

L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30502(a) 15:2042(a)(1). Oct. 25, 1992, Pub. L.

102-519, Sec. 202, 106 Stat.

3390.

30502(b) 15:2042(a)(2).

30502(c) 15:2042(a)(3).

30502(d) 15:2042(b).

30502(e) 15:2042(c).

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

In subsection (a)(1), the words "January 31, 1996" are

substituted for "January 1996" for clarity. The words "National

Automobile Title Information System" are substituted for "National

Motor Vehicle Title Information System" for clarity and consistency

because the defined term in the source provisions being restated is

"automobile". The words "individuals and entities referred to in

subsection (e) of this section" are substituted for "States and

others", the words "information maintained by the States related to

automobile titling described in subsection (d) of this section" are

substituted for "information maintained by other States pertaining

to the titling of automobiles", and the words "existing information

system" are substituted for "such system", for clarity.

In subsection (a)(2), the words "In cooperation with" are

substituted for "working with" for clarity and consistency in the

revised title and with other titles of the United States Code.

In subsection (b), the word "agreement" is substituted for

"contract through an agreement" to eliminate unnecessary words. The

word "designating" is substituted for "redesignating" for clarity.

In subsection (c), the words "user fees" are substituted for "a

system of user fees" to eliminate unnecessary words. The words

"amounts from the United States Government" are substituted for

"Federal funds" for clarity and consistency in the revised titles

and with other titles of the Code. The word "pays" are substituted

for "passed on" for clarity. The word "entity" is substituted for

"State or other entity" to eliminate unnecessary words.

In subsection (d)(4), the words "the odometer mileage disclosure

required" are substituted for "the odometer reading information",

and the words "any later mileage information" are substituted for

"any such later odometer information", for consistency with section

32705 of the revised title.

In subsection (e)(2), the words "The operator may release only

the information necessary" are substituted for "Notwithstanding any

provision of paragraphs (1) through (4), the operator shall release

no information other than what is necessary" to eliminate

unnecessary words. The words "social security account number" are

substituted for "social security number" for consistency with

42:405.

AMENDMENTS

1997 - Pub. L. 105-102 amended directory language of Pub. L.

104-152, Sec. 2(c). See 1996 Amendment notes below.

1996 - Pub. L. 104-152, Sec. 2(c), as amended by Pub. L. 105-102,

substituted "Motor Vehicle" for "Automobile" in section catchline.

Subsecs. (a), (b). Pub. L. 104-152, Sec. 3(a), which directed the

amendment of this section by striking each reference to "Secretary

of Transportation" or "Secretary" and inserting "Attorney General",

and Pub. L. 104-152, Sec. 3(b), which directed the striking of each

reference to "Attorney General" and inserting "Secretary of

Transportation", were executed simultaneously, to reflect the

probable intent of Congress. See below.

Subsec. (a)(1). Pub. L. 104-152, Sec. 3, substituted "Attorney

General shall" for "Secretary of Transportation shall", "Attorney

General decides" for "Secretary decides", "permit the Attorney

General" for "permit the Secretary", and "Attorney General, in

consultation with the Secretary of Transportation" for "Secretary,

in consultation with the Attorney General".

Pub. L. 104-152, Sec. 2(c), as amended by Pub. L. 105-102,

substituted "National Motor Vehicle Title Information System" for

"National Automobile Title Information System" in two places.

Pub. L. 104-152, Sec. 2(a), substituted "December 31, 1967" for

"January 31, 1966".

Subsec. (a)(2). Pub. L. 104-152, Sec. 3, substituted "Secretary

of Transportation" for "Attorney General" and "Attorney General"

for "Secretary".

Subsec. (b). Pub. L. 104-152, Sec. 3(a), substituted "Attorney

General" for "Secretary".

Subsec. (f). Pub. L. 104-152, Sec. 4, added subsec. (f).

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(b) is effective July

2, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

EFFECTIVENESS OF SYSTEM

Section 6(c) of Pub. L. 104-152 provided that: "The information

system established under section 30502 of title 49, United States

Code, shall be effective as provided in the rules promulgated by

the Attorney General."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 30501, 30503, 30504 of

this title.

-End-

-CITE-

49 USC Sec. 30503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-HEAD-

Sec. 30503. State participation

-STATUTE-

(a) State Information. - Each State shall make titling

information maintained by that State available for use in operating

the National Motor Vehicle Title Information System established or

designated under section 30502 of this title.

(b) Verification Checks. - Each State shall establish a practice

of performing an instant title verification check before issuing a

certificate of title to an individual or entity claiming to have

purchased an automobile from an individual or entity in another

State. The check shall consist of -

(1) communicating to the operator -

(A) the vehicle identification number of the automobile for

which the certificate of title is sought;

(B) the name of the State that issued the most recent

certificate of title for the automobile; and

(C) the name of the individual or entity to whom the

certificate of title was issued; and

(2) giving the operator an opportunity to communicate to the

participating State the results of a search of the information.

(c) Grants to States. - (1) In cooperation with the States and

not later than January 1, 1994, the Attorney General shall -

(A) conduct a review of systems used by the States to compile

and maintain information about the titling of automobiles; and

(B) determine for each State the cost of making titling

information maintained by that State available to the operator to

meet the requirements of section 30502(d) of this title.

(2) The Attorney General may make reasonable and necessary grants

to participating States to be used in making titling information

maintained by those States available to the operator.

(d) Report to Congress. - Not later than October 1, 1998, the

Attorney General shall report to Congress on which States have met

the requirements of this section. If a State has not met the

requirements, the Attorney General shall describe the impediments

that have resulted in the State's failure to meet the requirements.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 981; Pub. L.

104-152, Secs. 2(b), (c), 3(a), 6(a), July 2, 1996, 110 Stat. 1384,

1385; Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30503(a) 15:2043(a)(1). Oct. 25, 1992, Pub. L.

102-519, Sec. 203, 106 Stat.

3391.

30503(b) 15:2043(a)(2).

30503(c) 15:2043(b).

30503(d) 15:2043(c).

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

In subsection (a), the words "for use in operating . . .

established or designated" are substituted for "for use in

establishing . . . established" for clarity and for consistency

with the source provisions restated in section 30502 of the revised

title.

In subsection (b), before clause (1), the words "The check" are

substituted for "Such instant title verification check" to

eliminate unnecessary words. In subclauses (A) and (B), the words

"of the automobile" are substituted for "of the vehicle" for

consistency in the revised chapter.

In subsection (c)(1)(B), the words "section 30502(d) of this

title" are substituted for "subsection (b)" to reflect the apparent

intent of Congress.

In subsection (c)(2)(A), before subclause (i), the words "is not

more than the lesser of" are substituted for "does not exceed . . .

whichever is lower" for clarity. In subclause (i), the words

"paragraph (1)(B) of this subsection" are substituted for

"subsection (d)(1)(B)" to reflect the apparent intent of Congress.

In subsection (c)(2)(B), the word "fair" is omitted as being

included in "reasonable".

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-102 amended directory language of

Pub. L. 104-152, Sec. 2(c). See 1996 Amendment note below.

1996 - Subsec. (a). Pub. L. 104-152, Sec. 2(c), as amended by

Pub. L. 105-102, substituted "National Motor Vehicle Title

Information System" for "National Automobile Title Information

System".

Subsec. (c)(1). Pub. L. 104-152, Sec. 3(a), substituted "Attorney

General" for "Secretary of Transportation".

Subsec. (c)(2). Pub. L. 104-152, Sec. 6(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "The

Secretary may make grants to participating States to be used in

making titling information maintained by those States available to

the operator if -

"(A) the grant to a State is not more than the lesser of -

"(i) 25 percent of the cost of making titling information

maintained by that State available to the operator as

determined by the Secretary under paragraph (1)(B) of this

subsection; or

"(ii) $300,000; and

"(B) the Secretary decides that the grants are reasonable and

necessary to establish the System."

Subsec. (d). Pub. L. 104-152, Secs. 2(b), 3(a), substituted

"October 1, 1998" for "January 1, 1997" and substituted "Attorney

General" for "Secretary" in two places.

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(b) is effective July

2, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30502 of this title; title

42 section 3750c.

-End-

-CITE-

49 USC Sec. 30504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-HEAD-

Sec. 30504. Reporting requirements

-STATUTE-

(a) Junk Yard and Salvage Yard Operators. - (1) Beginning at a

time established by the Attorney General that is not sooner than

the 3d month before the establishment or designation of the

National Motor Vehicle Title Information System under section 30502

of this title, an individual or entity engaged in the business of

operating a junk yard or salvage yard shall file a monthly report

with the operator of the System. The report shall contain an

inventory of all junk automobiles or salvage automobiles obtained

by the junk yard or salvage yard during the prior month. The

inventory shall contain -

(A) the vehicle identification number of each automobile

obtained;

(B) the date on which the automobile was obtained;

(C) the name of the individual or entity from whom the

automobile was obtained; and

(D) a statement of whether the automobile was crushed or

disposed of for sale or other purposes.

(2) Paragraph (1) of this subsection does not apply to an

individual or entity -

(A) required by State law to report the acquisition of junk

automobiles or salvage automobiles to State or local authorities

if those authorities make that information available to the

operator; or

(B) issued a verification under section 33110 of this title

stating that the automobile or parts from the automobile are not

reported as stolen.

(b) Insurance Carriers. - Beginning at a time established by the

Attorney General that is not sooner than the 3d month before the

establishment or designation of the System, an individual or entity

engaged in business as an insurance carrier shall file a monthly

report with the operator. The report may be filed directly or

through a designated agent. The report shall contain an inventory

of all automobiles of the current model year or any of the 4 prior

model years that the carrier, during the prior month, has obtained

possession of and has decided are junk automobiles or salvage

automobiles. The inventory shall contain -

(1) the vehicle identification number of each automobile

obtained;

(2) the date on which the automobile was obtained;

(3) the name of the individual or entity from whom the

automobile was obtained; and

(4) the name of the owner of the automobile at the time of the

filing of the report.

(c) Procedures and Practices. - The Attorney General shall

establish by regulation procedures and practices to facilitate

reporting in the least burdensome and costly fashion.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 982; Pub. L.

104-152, Secs. 2(c), 3(a), July 2, 1996, 110 Stat. 1384; Pub. L.

105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30504(a) 15:2044(a). Oct. 25, 1992, Pub. L.

102-519, Sec. 204(a), (b),

(d), 106 Stat. 3392, 3393.

30504(b) 15:2044(b).

30504(c) 15:2044(d).

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

In subsections (a)(1), before clause (A), the words "Beginning at

a time established by the Secretary of Transportation that is not

sooner than the 3d month before the establishment or designation

of" are substituted for "Beginning at a time determined by the

Secretary, but no earlier than 3 months prior to the establishment

of" for clarity and consistency with the source provisions restated

in section 30502 of the revised title. The words "engaged in the

business" are substituted for "in the business" for consistency in

the revised chapter. The words "junk yard or salvage yard" are

substituted for "automobile junk yard or automobile salvage yard"

because of the definitions of "junk yard" and "salvage yard" in

section 30501 of the revised title. The words "with the operator of

the System" are substituted for "with the operator" for clarity. In

clauses (A), (C), and (D), the words "each automobile" are

substituted for "each vehicle", and the words "the automobile" are

substituted for "the vehicle", for consistency in the revised

title.

In subsection (a)(2)(B), the word "automobile" is substituted for

"vehicle" for consistency in the revised title.

In subsections (b), before clause (1), the words "Beginning at a

time established by the Secretary that is not sooner than the 3d

month before the establishment or designation of" are substituted

for "Beginning at a time determined by the Secretary, but no

earlier than 3 months prior to the establishment of" for clarity

and consistency with the source provisions restated in section

30502 of the revised title. In clauses (1), (3), and (4), the words

"each automobile" are substituted for "each vehicle", and the words

"the automobile" are substituted for "the vehicle", for consistency

in the revised title.

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-102 amended directory language

of Pub. L. 104-152, Sec. 2(c). See 1996 Amendment note below.

1996 - Subsec. (a)(1). Pub. L. 104-152, Sec. 3(a), substituted

"Attorney General" for "Secretary of Transportation".

Pub. L. 104-152, Sec. 2(c), as amended by Pub. L. 105-102,

substituted "National Motor Vehicle Title Information System" for

"National Automobile Title Information System".

Subsecs. (b), (c). Pub. L. 104-152, Sec. 3(a), substituted

"Attorney General" for "Secretary".

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(b), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(b) is effective July

2, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 30502 of this title.

-End-

-CITE-

49 USC Sec. 30505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART A - GENERAL

CHAPTER 305 - NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM

-HEAD-

Sec. 30505. Penalties and enforcement

-STATUTE-

(a) Penalty. - An individual or entity violating this chapter is

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

more than $1,000 for each violation.

(b) Collection and Compromise. - (1) The Attorney General shall

impose a civil penalty under this section. The Attorney General

shall bring a civil action to collect the penalty. The Attorney

General may compromise the amount of the penalty. In determining

the amount of the penalty or compromise, the Attorney General shall

consider the appropriateness of the penalty to the size of the

business of the individual or entity charged and the gravity of the

violation.

(2) The Government may deduct the amount of a civil penalty

imposed or compromised under this section from amounts it owes the

individual or entity liable for the penalty.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 983; Pub. L.

104-152, Sec. 3(a), July 2, 1996, 110 Stat. 1384.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

30505 15:2044(c). Oct. 25, 1992, Pub. L.

102-519, Sec. 204(c), 106

Stat. 3393.

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In subsection (a), the words "An individual or entity violating

this chapter is liable to the United States Government for a civil

penalty of" are substituted for "Whoever violates this section may

be assessed a civil penalty of not to exceed" for clarity and

consistency in the revised title and with other titles of the

United States Code.

In subsection (b), the words "individual or entity" are

substituted for "person" for clarity and consistency with the

source provisions restated in the revised chapter.

In subsection (b)(1), the words "The Secretary of Transportation

shall impose a civil penalty under this section. The Attorney

General shall bring a civil action to collect the penalty" are

substituted for "Any such penalty shall be assessed by the

Secretary and collected in a civil action brought by the Attorney

General of the United States" for clarity and consistency in the

revised title and with other titles of the Code.

In subsection (b)(2), the words "penalty imposed or compromised"

are substituted for "such penalty, finally determined, or the

amount agreed upon in compromise", and the words "liable for the

penalty" are substituted for "charged", for clarity and consistency

in the revised title and other titles of the Code.

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-152 substituted "Attorney

General shall impose" for "Secretary of Transportation shall

impose", "Attorney General may compromise" for "Secretary may

compromise", and "Attorney General shall consider" for "Secretary

shall consider".

-End-

-CITE-

49 USC PART B - COMMERCIAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS

PART B - COMMERCIAL

-HEAD-

PART B - COMMERCIAL

-End-