Page 579 TITLE 49—TRANSPORTATION § 30503

(f) IMMUNITY.—Any person performing any ac- erence to ‘‘Secretary of Transportation’’ or ‘‘Sec-
tivity under this section or sections 30503 or retary’’ and inserting ‘‘Attorney General’’, and Pub. L.
30504 in good faith and with the reasonable belief 104–152, § 3(b), which directed the striking of each ref-
erence to ‘‘Attorney General’’ and inserting ‘‘Secretary
that such activity was in accordance with this
of Transportation’’, were executed simultaneously, to
section or section 30503 or 30504, as the case may reflect the probable intent of Congress. See below.
be, shall be immune from any civil action re- Subsec. (a)(1). Pub. L. 104–152, § 3, substituted ‘‘Attor-
specting such activity which is seeking money ney General shall’’ for ‘‘Secretary of Transportation
damages or equitable relief in any court of the shall’’, ‘‘Attorney General decides’’ for ‘‘Secretary de-
United States or a State. cides’’, ‘‘permit the Attorney General’’ for ‘‘permit the
Secretary’’, and ‘‘Attorney General, in consultation
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 980; with the Secretary of Transportation’’ for ‘‘Secretary,
Pub. L. 104–152, §§ 2(a), (c), 3, 4, July 2, 1996, 110 in consultation with the Attorney General’’.
Stat. 1384; Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102,
Stat. 2215.) substituted ‘‘National Motor Vehicle Title Information
System’’ for ‘‘National Automobile Title Information
HISTORICAL AND REVISION NOTES System’’ in two places.
Revised
Pub. L. 104–152, § 2(a), substituted ‘‘December 31, 1967’’
Section Source (U.S. Code) Source (Statutes at Large) for ‘‘January 31, 1966’’.
Subsec. (a)(2). Pub. L. 104–152, § 3, substituted ‘‘Sec-
30502(a) ...... 15:2042(a)(1). Oct. 25, 1992, Pub. L. 102–519, retary of Transportation’’ for ‘‘Attorney General’’ and
§ 202, 106 Stat. 3390.
30502(b) ...... 15:2042(a)(2). ‘‘Attorney General’’ for ‘‘Secretary’’.
30502(c) ...... 15:2042(a)(3). Subsec. (b). Pub. L. 104–152, § 3(a), substituted ‘‘Attor-
30502(d) ...... 15:2042(b). ney General’’ for ‘‘Secretary’’.
30502(e) ...... 15:2042(c).
Subsec. (f). Pub. L. 104–152, § 4, added subsec. (f).
In subsection (a)(1), the words ‘‘January 31, 1996’’ are EFFECTIVE DATE OF 1997 AMENDMENT
substituted for ‘‘January 1996’’ for clarity. The words
‘‘National Automobile Title Information System’’ are Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, pro-
substituted for ‘‘National Motor Vehicle Title Informa- vided that the amendment made by section 3(b) is effec-
tion System’’ for clarity and consistency because the tive July 2, 1996.
defined term in the source provisions being restated is Amendment by Pub. L. 105–102 effective as if included
‘‘automobile’’. The words ‘‘individuals and entities re- in the provisions of the Act to which the amendment
ferred to in subsection (e) of this section’’ are sub- relates, see section 3(f) of Pub. L. 105–102, set out as a
stituted for ‘‘States and others’’, the words ‘‘informa- note under section 106 of this title.
tion maintained by the States related to automobile ti-
EFFECTIVENESS OF SYSTEM
tling described in subsection (d) of this section’’ are
substituted for ‘‘information maintained by other Section 6(c) of Pub. L. 104–152 provided that: ‘‘The in-
States pertaining to the titling of automobiles’’, and formation system established under section 30502 of
the words ‘‘existing information system’’ are sub- title 49, United States Code, shall be effective as pro-
stituted for ‘‘such system’’, for clarity. vided in the rules promulgated by the Attorney Gen-
In subsection (a)(2), the words ‘‘In cooperation with’’ eral.’’
are substituted for ‘‘working with’’ for clarity and con-
sistency in the revised title and with other titles of the § 30503. State participation
United States Code.
In subsection (b), the word ‘‘agreement’’ is sub- (a) STATE INFORMATION.—Each State shall
stituted for ‘‘contract through an agreement’’ to elimi- make titling information maintained by that
nate unnecessary words. The word ‘‘designating’’ is State available for use in operating the National
substituted for ‘‘redesignating’’ for clarity. Motor Vehicle Title Information System estab-
In subsection (c), the words ‘‘user fees’’ are sub- lished or designated under section 30502 of this
stituted for ‘‘a system of user fees’’ to eliminate unnec-
title.
essary words. The words ‘‘amounts from the United
States Government’’ are substituted for ‘‘Federal (b) VERIFICATION CHECKS.—Each State shall es-
funds’’ for clarity and consistency in the revised titles tablish a practice of performing an instant title
and with other titles of the Code. The word ‘‘pays’’ are verification check before issuing a certificate of
substituted for ‘‘passed on’’ for clarity. The word ‘‘en- title to an individual or entity claiming to have
tity’’ is substituted for ‘‘State or other entity’’ to purchased an automobile from an individual or
eliminate unnecessary words. entity in another State. The check shall consist
In subsection (d)(4), the words ‘‘the odometer mileage
of—
disclosure required’’ are substituted for ‘‘the odometer
reading information’’, and the words ‘‘any later mile- (1) communicating to the operator—
age information’’ are substituted for ‘‘any such later (A) the vehicle identification number of
odometer information’’, for consistency with section the automobile for which the certificate of
32705 of the revised title. title is sought;
In subsection (e)(2), the words ‘‘The operator may re- (B) the name of the State that issued the
lease only the information necessary’’ are substituted most recent certificate of title for the auto-
for ‘‘Notwithstanding any provision of paragraphs (1) mobile; and
through (4), the operator shall release no information
other than what is necessary’’ to eliminate unneces-
(C) the name of the individual or entity to
sary words. The words ‘‘social security account num- whom the certificate of title was issued; and
ber’’ are substituted for ‘‘social security number’’ for (2) giving the operator an opportunity to
consistency with 42:405. communicate to the participating State the
AMENDMENTS results of a search of the information.
1997—Pub. L. 105–102 amended directory language of (c) GRANTS TO STATES.—(1) In cooperation with
Pub. L. 104–152, § 2(c). See 1996 Amendment notes below. the States and not later than January 1, 1994,
1996—Pub. L. 104–152, § 2(c), as amended by Pub. L.
105–102, substituted ‘‘Motor Vehicle’’ for ‘‘Automobile’’ the Attorney General shall—
in section catchline. (A) conduct a review of systems used by the
Subsecs. (a), (b). Pub. L. 104–152, § 3(a), which directed States to compile and maintain information
the amendment of this section by striking each ref- about the titling of automobiles; and
§ 30504 TITLE 49—TRANSPORTATION Page 580

(B) determine for each State the cost of ‘‘(ii) $300,000; and
making titling information maintained by ‘‘(B) the Secretary decides that the grants are rea-
that State available to the operator to meet sonable and necessary to establish the System.’’
Subsec. (d). Pub. L. 104–152, §§ 2(b), 3(a), substituted
the requirements of section 30502(d) of this
‘‘October 1, 1998’’ for ‘‘January 1, 1997’’ and substituted
title. ‘‘Attorney General’’ for ‘‘Secretary’’ in two places.
(2) The Attorney General may make reason- EFFECTIVE DATE OF 1997 AMENDMENT
able and necessary grants to participating
States to be used in making titling information Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, pro-
vided that the amendment made by section 3(b) is effec-
maintained by those States available to the op-
tive July 2, 1996.
erator. Amendment by Pub. L. 105–102 effective as if included
(d) REPORT TO CONGRESS.—Not later than Oc- in the provisions of the Act to which the amendment
tober 1, 1998, the Attorney General shall report relates, see section 3(f) of Pub. L. 105–102, set out as a
to Congress on which States have met the re- note under section 106 of this title.
quirements of this section. If a State has not
met the requirements, the Attorney General § 30504. Reporting requirements
shall describe the impediments that have re- (a) JUNK YARD AND SALVAGE YARD OPERA-
sulted in the State’s failure to meet the require- TORS.—(1) Beginning at a time established by
ments. the Attorney General that is not sooner than
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 981; the 3d month before the establishment or des-
Pub. L. 104–152, §§ 2(b), (c), 3(a), 6(a), July 2, 1996, ignation of the National Motor Vehicle Title In-
110 Stat. 1384, 1385; Pub. L. 105–102, § 3(b), Nov. 20, formation System under section 30502 of this
1997, 111 Stat. 2215.) title, an individual or entity engaged in the
business of operating a junk yard or salvage
HISTORICAL AND REVISION NOTES yard shall file a monthly report with the opera-
Revised tor of the System. The report shall contain an
Source (U.S. Code) Source (Statutes at Large)
Section inventory of all junk automobiles or salvage
30503(a) ...... 15:2043(a)(1). Oct. 25, 1992, Pub. L. 102–519, automobiles obtained by the junk yard or sal-
§ 203, 106 Stat. 3391. vage yard during the prior month. The inven-
30503(b) ...... 15:2043(a)(2).
30503(c) ...... 15:2043(b). tory shall contain—
30503(d) ...... 15:2043(c). (A) the vehicle identification number of each
automobile obtained;
In subsection (a), the words ‘‘for use in operating . . . (B) the date on which the automobile was
established or designated’’ are substituted for ‘‘for use obtained;
in establishing . . . established’’ for clarity and for con-
sistency with the source provisions restated in section
(C) the name of the individual or entity from
30502 of the revised title. whom the automobile was obtained; and
In subsection (b), before clause (1), the words ‘‘The (D) a statement of whether the automobile
check’’ are substituted for ‘‘Such instant title verifica- was crushed or disposed of for sale or other
tion check’’ to eliminate unnecessary words. In sub- purposes.
clauses (A) and (B), the words ‘‘of the automobile’’ are
substituted for ‘‘of the vehicle’’ for consistency in the (2) Paragraph (1) of this subsection does not
revised chapter. apply to an individual or entity—
In subsection (c)(1)(B), the words ‘‘section 30502(d) of (A) required by State law to report the ac-
this title’’ are substituted for ‘‘subsection (b)’’ to re- quisition of junk automobiles or salvage auto-
flect the apparent intent of Congress. mobiles to State or local authorities if those
In subsection (c)(2)(A), before subclause (i), the words authorities make that information available
‘‘is not more than the lesser of’’ are substituted for
to the operator; or
‘‘does not exceed . . . whichever is lower’’ for clarity.
In subclause (i), the words ‘‘paragraph (1)(B) of this (B) issued a verification under section 33110
subsection’’ are substituted for ‘‘subsection (d)(1)(B)’’ of this title stating that the automobile or
to reflect the apparent intent of Congress. parts from the automobile are not reported as
In subsection (c)(2)(B), the word ‘‘fair’’ is omitted as stolen.
being included in ‘‘reasonable’’.
(b) INSURANCE CARRIERS.—Beginning at a time
AMENDMENTS established by the Attorney General that is not
1997—Subsec. (a). Pub. L. 105–102 amended directory sooner than the 3d month before the establish-
language of Pub. L. 104–152, § 2(c). See 1996 Amendment ment or designation of the System, an individ-
note below. ual or entity engaged in business as an insur-
1996—Subsec. (a). Pub. L. 104–152, § 2(c), as amended by ance carrier shall file a monthly report with the
Pub. L. 105–102, substituted ‘‘National Motor Vehicle operator. The report may be filed directly or
Title Information System’’ for ‘‘National Automobile
through a designated agent. The report shall
Title Information System’’.
Subsec. (c)(1). Pub. L. 104–152, § 3(a), substituted ‘‘At- contain an inventory of all automobiles of the
torney General’’ for ‘‘Secretary of Transportation’’. current model year or any of the 4 prior model
Subsec. (c)(2). Pub. L. 104–152, § 6(a), amended par. (2) years that the carrier, during the prior month,
generally. Prior to amendment, par. (2) read as follows: has obtained possession of and has decided are
‘‘The Secretary may make grants to participating junk automobiles or salvage automobiles. The
States to be used in making titling information main- inventory shall contain—
tained by those States available to the operator if— (1) the vehicle identification number of each
‘‘(A) the grant to a State is not more than the less-
er of—
automobile obtained;
‘‘(i) 25 percent of the cost of making titling infor- (2) the date on which the automobile was ob-
mation maintained by that State available to the tained;
operator as determined by the Secretary under (3) the name of the individual or entity from
paragraph (1)(B) of this subsection; or whom the automobile was obtained; and