
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14171]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
              SUBCHAPTER X--MOTOR VEHICLE THEFT PREVENTION
 
Sec. 14171. Motor vehicle theft prevention program


(a) In general

    Not later than 180 days after September 13, 1994, the Attorney 
General shall develop, in cooperation with the States, a national 
voluntary motor vehicle theft prevention program (in this section 
referred to as the ``program'') under which--
        (1) the owner of a motor vehicle may voluntarily sign a consent 
    form with a participating State or locality in which the motor 
    vehicle owner--
            (A) states that the vehicle is not normally operated under 
        certain specified conditions; and
            (B) agrees to--
                (i) display program decals or devices on the owner's 
            vehicle; and
                (ii) permit law enforcement officials in any State to 
            stop the motor vehicle and take reasonable steps to 
            determine whether the vehicle is being operated by or with 
            the permission of the owner, if the vehicle is being 
            operated under the specified conditions; and

        (2) participating States and localities authorize law 
    enforcement officials in the State or locality to stop motor 
    vehicles displaying program decals or devices under specified 
    conditions and take reasonable steps to determine whether the 
    vehicle is being operated by or with the permission of the owner.

(b) Uniform decal or device designs

                           (1) In general

        The motor vehicle theft prevention program developed pursuant to 
    this section shall include a uniform design or designs for decals or 
    other devices to be displayed by motor vehicles participating in the 
    program.

                         (2) Type of design

        The uniform design shall--
            (A) be highly visible; and
            (B) explicitly state that the motor vehicle to which it is 
        affixed may be stopped under the specified conditions without 
        additional grounds for establishing a reasonable suspicion that 
        the vehicle is being operated unlawfully.

(c) Voluntary consent form

    The voluntary consent form used to enroll in the program shall--
        (1) clearly state that participation in the program is 
    voluntary;
        (2) clearly explain that participation in the program means 
    that, if the participating vehicle is being operated under the 
    specified conditions, law enforcement officials may stop the vehicle 
    and take reasonable steps to determine whether it is being operated 
    by or with the consent of the owner, even if the law enforcement 
    officials have no other basis for believing that the vehicle is 
    being operated unlawfully;
        (3) include an express statement that the vehicle is not 
    normally operated under the specified conditions and that the 
    operation of the vehicle under those conditions would provide 
    sufficient grounds for a prudent law enforcement officer to 
    reasonably believe that the vehicle was not being operated by or 
    with the consent of the owner; and
        (4) include any additional information that the Attorney General 
    may reasonably require.

(d) Specified conditions under which stops may be authorized

                           (1) In general

        The Attorney General shall promulgate rules establishing the 
    conditions under which participating motor vehicles may be 
    authorized to be stopped under this section. These conditions may 
    not be based on race, creed, color, national origin, gender, or age. 
    These conditions may include--
            (A) the operation of the vehicle during certain hours of the 
        day; or
            (B) the operation of the vehicle under other circumstances 
        that would provide a sufficient basis for establishing a 
        reasonable suspicion that the vehicle was not being operated by 
        the owner, or with the consent of the owner.

                 (2) More than one set of conditions

        The Attorney General may establish more than one set of 
    conditions under which participating motor vehicles may be stopped. 
    If more than one set of conditions is established, a separate 
    consent form and a separate design for program decals or devices 
    shall be established for each set of conditions. The Attorney 
    General may choose to satisfy the requirement of a separate design 
    for program decals or devices under this paragraph by the use of a 
    design color that is clearly distinguishable from other design 
    colors.

                (3) No new conditions without consent

        After the program has begun, the conditions under which a 
    vehicle may be stopped if affixed with a certain decal or device 
    design may not be expanded without the consent of the owner.

         (4) Limited participation by States and localities

        A State or locality need not authorize the stopping of motor 
    vehicles under all sets of conditions specified under the program in 
    order to participate in the program.

(e) Motor vehicles for hire

                     (1) Notification to lessees

        Any person who is in the business of renting or leasing motor 
    vehicles and who rents or leases a motor vehicle on which a program 
    decal or device is affixed shall, prior to transferring possession 
    of the vehicle, notify the person to whom the motor vehicle is 
    rented or leased about the program.

                         (2) Type of notice

        The notice required by this subsection shall--
            (A) be in writing;
            (B) be in a prominent format to be determined by the 
        Attorney General; and
            (C) explain the possibility that if the motor vehicle is 
        operated under the specified conditions, the vehicle may be 
        stopped by law enforcement officials even if the officials have 
        no other basis for believing that the vehicle is being operated 
        unlawfully.

               (3) Fine for failure to provide notice

        Failure to provide proper notice under this subsection shall be 
    punishable by a fine not to exceed $5,000.

(f) Notification of police

    As a condition of participating in the program, a State or locality 
must agree to take reasonable steps to ensure that law enforcement 
officials throughout the State or locality are familiar with the 
program, and with the conditions under which motor vehicles may be 
stopped under the program.

(g) Regulations

    The Attorney General shall promulgate regulations to implement this 
section.

(h) Authorization of appropriations

    There are authorized to carry out this section.\1\
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    \1\ So in original. The period probably should be a dash.
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        (1) $1,500,000 for fiscal year 1996;
        (2) $1,700,000 for fiscal year 1997; and
        (3) $1,800,000 for fiscal year 1998.

(Pub. L. 103-322, title XXII, Sec. 220002, Sept. 13, 1994, 108 Stat. 
2074.)


                               Short Title

    For short title of this subchapter as the ``Motor Vehicle Theft 
Prevention Act'', see section 220001 of Pub. L. 103-322, set out as a 
note under section 13701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 14214 of this title.
