
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: 49USC33112]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
            PART C--INFORMATION, STANDARDS, AND REQUIREMENTS
 
                      CHAPTER 331--THEFT PREVENTION
 
Sec. 33112. Insurance reports and information

    (a) Purposes.--The purposes of this section are--
        (1) to prevent or discourage the theft of motor vehicles, 
    particularly those stolen for the removal of certain parts;
        (2) to prevent or discourage the sale and distribution in 
    interstate commerce of used parts that are removed from those 
    vehicles; and
        (3) to help reduce the cost to consumers of comprehensive 
    insurance coverage for motor vehicles.

    (b) Definitions.--In this section--
        (1) ``insurer'' includes a person (except a governmental 
    authority) having a fleet of at least 20 motor vehicles that are 
    used primarily for rental or lease and are not covered by a theft 
    insurance policy issued by an insurer of passenger motor vehicles.
        (2) ``motor vehicle'' includes a truck, a multipurpose passenger 
    vehicle, and a motorcycle.

    (c) Annual Information Requirement.--(1) An insurer providing 
comprehensive coverage for motor vehicles shall provide annually to the 
Secretary of Transportation information on--
        (A) the thefts and recoveries (in any part) of motor vehicles;
        (B) the number of vehicles that have been recovered intact;
        (C) the rating rules and plans, such as loss information and 
    rating characteristics, used by the insurer to establish premiums 
    for comprehensive coverage, including the basis for the premiums, 
    and premium penalties for motor vehicles considered by the insurer 
    as more likely to be stolen;
        (D) the actions taken by the insurer to reduce the premiums, 
    including changing rate levels for comprehensive coverage because of 
    a reduction in thefts of motor vehicles;
        (E) the actions taken by the insurer to assist in deterring or 
    reducing thefts of motor vehicles; and
        (F) other information the Secretary requires to carry out this 
    chapter and to make the report and findings required by this 
    chapter.

    (2) The information on thefts and recoveries shall include an 
explanation on how the information is obtained, the accuracy and 
timeliness of the information, and the use made of the information, 
including the extent and frequency of reporting the information to 
national, public, and private entities such as the Federal Bureau of 
Investigation and State and local police.
    (d) Reports on Reduced Claims Payments.--An insurer shall report 
promptly in writing to the Secretary if the insurer, in paying a claim 
under an adjustment or negotiation between the insurer and the insured 
for a stolen motor vehicle--
        (1) reduces the payment to the insured by the amount of the 
    value, salvage or otherwise, of a recovered part subject to a 
    standard prescribed under section 33102 or 33103 of this title; and
        (2) the reduction is not made at the express election of the 
    insured.

    (e) General Exemptions.--The Secretary shall exempt from this 
section, for one or more years, an insurer that the Secretary decides 
should be exempted because--
        (1) the cost of preparing and providing the information is 
    excessive in relation to the size of the insurer's business; and
        (2) the information from that insurer will not contribute 
    significantly to carrying out this chapter.

    (f) Small Insurer Exemptions.--(1) In this subsection, ``small 
insurer'' means an insurer whose premiums for motor vehicle insurance 
issued directly or through an affiliate, including a pooling arrangement 
established under State law or regulation for the issuance of motor 
vehicle insurance, account for--
        (A) less than one percent of the total premiums for all forms of 
    motor vehicle insurance issued by insurers in the United States; and
        (B) less than 10 percent of the total premiums for all forms of 
    motor vehicle insurance issued by insurers in any State.

    (2) The Secretary shall exempt by regulation a small insurer from 
this section if the Secretary finds that the exemption will not 
significantly affect the validity or usefulness of the information 
collected and compiled under this section, nationally or State-by-State. 
However, the Secretary may not exempt an insurer under this paragraph 
that is considered an insurer only because of subsection (b)(1) of this 
section.
    (3) Regulations under this subsection shall provide that eligibility 
as a small insurer shall be based on the most recent calendar year for 
which adequate information is available, and that, once attained, the 
eligibility shall continue without further demonstration of eligibility 
for one or more years, as the Secretary considers appropriate.
    (g) Prescribed Form.--Information required by this section shall be 
provided in the form the Secretary prescribes.
    (h) Periodic Compilations.--Subject to section 552 of title 5, the 
Secretary periodically shall compile and publish information obtained by 
the Secretary under this section, in a form that will be helpful to the 
public, the police, and Congress.
    (i) Consultation.--In carrying out this section, the Secretary shall 
consult with public and private agencies and associations the Secretary 
considers appropriate.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1087.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
33112(a)..............................  15:2032(a)(1) (1st sentence      Oct. 2
0, 1972, Pub. L. 92-513, 86 Stat.
                                         words before 4th comma).         947, 
Sec.  615; added Oct. 25, 1984,
                                                                          Pub. 
L. 98-547, Sec.  101(a), 98 Stat.
                                                                          2763;
 Oct. 25, 1992, Pub. L. 102-519,
                                                                          Sec. 
 306(a), 106 Stat. 3397.
33112(b)(1)...........................  15:2032(a)(3).
33112(b)(2)...........................  15:2032(f).
33112(c)..............................  15:2032(a)(1) (1st sentence
                                         words after 4th comma, last
                                         sentence), (2).
33112(d)..............................  15:2032(d).
33112(e)..............................  15:2032(a)(4).
33112(f)..............................  15:2032(a)(5).
33112(g)..............................  15:2032(e).
33112(h)..............................  15:2032(b).
33112(i)..............................  15:2032(c).
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---------------------------------

    In subsection (b)(1), the word ``authority'' is substituted for 
``entity'' for clarity and consistency in the revised title.
    In subsection (c)(1), before clause (A), the words ``(or their 
designated agents)'' are omitted as surplus. The words ``beginning 2 
years after October 25, 1984'' are omitted as executed.
    In subsection (c)(2), the words ``by the insurer'' are omitted as 
surplus.
    Subsection (f)(1)(B) is substituted for 15:2032(a)(5)(C)(ii) for 
clarity and to eliminate unnecessary words.
    In subsection (f)(2), the words ``the requirements of'' are omitted 
as surplus.
    In subsection (g), the words ``by regulation or otherwise'' are 
omitted as surplus.
    In subsection (h), the words ``the police'' are substituted for 
``including Federal, State, and local police'' to eliminate unnecessary 
words.
    In subsection (i), the words ``In carrying out this section'' are 
added for clarity. The words ``public and private agencies and 
associations'' are substituted for ``such State and insurance regulatory 
agencies and other agencies and associations, both public and private'' 
to eliminate unnecessary words.

                  Section Referred to in Other Sections

    This section is referred to in sections 33102, 33103 of this title.
