CHAPTER 305 —NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM
Editorial Notes
Amendments
1997—
1996—
§30501. Definitions
In this chapter—
(1) "automobile" has the same meaning given that term in
(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
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30501 | 15:2041. | Oct. 25, 1992, |
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.
Editorial Notes
Amendments
1997—Par. (6).
1996—Par. (6).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
§30502. National Motor Vehicle Title Information System
(a)
(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)
(c)
(d)
(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
(5) whether an automobile bearing a known vehicle identification number has been reported as a junk automobile or a salvage automobile under
(e)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30502(a) | 15:2042(a)(1). | Oct. 25, 1992, |
| 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.
Editorial Notes
Amendments
1997—
1996—
Subsecs. (a), (b).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
Effectiveness of System
§30503. State participation
(a)
(b)
(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)
(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
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30503(a) | 15:2043(a)(1). | Oct. 25, 1992, |
| 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 "
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".
Editorial Notes
Amendments
1997—Subsec. (a).
1996—Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(2).
"(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).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
§30504. Reporting requirements
(a)
(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
(b)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30504(a) | 15:2044(a). | Oct. 25, 1992, |
| 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.
Editorial Notes
Amendments
1997—Subsec. (a)(1).
1996—Subsec. (a)(1).
Subsecs. (b), (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
§30505. Penalties and enforcement
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30505 | 15:2044(c). | Oct. 25, 1992, |
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.
Editorial Notes
Amendments
1996—Subsec. (b)(1).