
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC33110]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 331--THEFT PREVENTION
 
Sec. 33110. Verifications involving junk and salvage motor 
        vehicles
        
    (a) Definition.--In this section, ``vehicle identification number'' 
means a unique identification number (or derivative of that number) 
assigned to a passenger motor vehicle by a manufacturer in compliance 
with applicable regulations.
    (b) General Requirements.--(1) If an insurance carrier selling 
comprehensive motor vehicle insurance coverage obtains possession of and 
transfers a junk motor vehicle or a salvage motor vehicle, the carrier 
shall--
        (A) under procedures the Attorney General prescribes by 
    regulation under section 33109 of this title in consultation with 
    the Secretary of Transportation, verify whether the vehicle is 
    reported as stolen; and
        (B) provide the purchaser or transferee of the vehicle from the 
    insurance carrier verification identifying the vehicle 
    identification number and verifying that the vehicle has not been 
    reported as stolen or, if reported as stolen, that the carrier has 
    recovered the vehicle and has proper legal title to the vehicle.

    (2)(A) This subsection does not prohibit an insurance carrier from 
transferring a motor vehicle if, within a reasonable period of time 
during normal business operations (as decided by the Attorney General 
under section 33109 of this title) using reasonable efforts, the 
carrier--
        (i) has not been informed under the procedures prescribed in 
    section 33109 of this title that the vehicle has not been reported 
    as stolen; or
        (ii) has not otherwise established whether the vehicle has been 
    reported as stolen.

    (B) When a carrier transfers a motor vehicle for which the carrier 
has not established whether the vehicle has been reported as stolen, the 
carrier shall provide written certification to the transferee that the 
carrier has not established whether the vehicle has been reported as 
stolen.
    (c) Regulations.--In consultation with the Secretary, the Attorney 
General shall prescribe regulations necessary to ensure that 
verification performed and provided by an insurance carrier under 
subsection (b)(1)(B) of this section is uniform, effective, and 
resistant to fraudulent use.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1086.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
33110(a)..............................  15:2026a(a) (2d sentence).       Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                                                          947, 
Sec.  607; added Oct. 25, 1992,
                                                                          Pub. 
L. 102-519, Sec.  306(a), 106
                                                                          Stat.
 3397.
33110(b)..............................  15:2026a(a) (1st, last
                                         sentences).
33110(c)..............................  15:2026a(b).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b)(1)(B), the words ``or derivative thereof'' are 
omitted as unnecessary because of the definition of ``vehicle 
identification number'' in subsection (a) of the revised section.
    In subsection (b)(2)(A)(i), the words ``has not been informed under 
the procedures prescribed'' are substituted for ``has not received a 
determination under'' for clarity and consistency in the revised 
chapter. In clause (ii), the words ``has not otherwise established 
whether'' are substituted for ``to otherwise determine whether'' for 
clarity.
    In subsection (b)(2)(B), the words ``When a carrier transfers a 
motor vehicle for which the carrier has not established whether the 
vehicle has been reported as stolen, the carrier shall provide written 
certification to the transferee that the carrier has not established 
whether the vehicle has been reported as stolen'' are substituted for 
``except that such carrier shall provide a written certification of such 
lack of determination'' for clarity and because of the restatement.


                             Effective Date

    Section 4(u) of Pub. L. 103-272 provided that: ``Not later than 
April 25, 1993, the Attorney General shall prescribe the regulations 
required under section 33110(c) of title 49, United States Code, as 
enacted by section 1 of this Act. Section 33110(b) of title 49 is 
effective not later than 3 months after those regulations are prescribed 
but not before the date on which the National Stolen Passenger Motor 
Vehicle Information System established under section 33109 of title 49 
is operational.''

                  Section Referred to in Other Sections

    This section is referred to in sections 30504, 33109, 33111 of this 
title.
