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Title 49 — Transportation

Part A · Chapter 305 — National Motor Vehicle Title Information System

§ 30502. National Motor Vehicle Title Information System

Statutory text

(a)

Establishment or Designation.—

(1)

In cooperation with the States and not later than , the Attorney General shall establish a National Motor Vehicle Title Information System that will provide individuals and entities referred to in subsection (e) of this section with instant and reliable access to information maintained by the States related to automobile titling described in subsection (d) of this section. However, if the Attorney General decides that the existing information system meets the requirements of subsections (d) and (e) of this section and will permit the Attorney General to carry out this chapter as early as possible, the Attorney General, in consultation with the Secretary of Transportation, may designate an existing information system as the National Motor Vehicle Title Information System.

(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)

Operation.—

The Attorney General may authorize the operation of the System established or designated under subsection (a)(1) of this section by agreement with one or more States, or by designating, after consulting with the States, a third party that represents the interests of the States.

(c)

User Fees.—

Operation of the System established or designated under subsection (a)(1) of this section shall be paid for by user fees and should be self-sufficient and not be dependent on amounts from the United States Government. The amount of fees the operator collects and keeps under this subsection subject to annual appropriation laws, excluding fees the operator collects and pays to an entity providing information to the operator, may be not more than the costs of operating the System.

(d)

Information Requirements.—

The System established or designated under subsection (a)(1) of this section shall permit a user of the System at least to establish instantly and reliably—

(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 section 32705 of this title for that automobile on the date the certificate of title for that automobile was issued and any later mileage information, if noted by the State; and

(5)

whether an automobile bearing a known vehicle identification number has been reported as a junk automobile or a salvage automobile under section 30504 of this title.

(e)

Availability of Information.—

(1)

The operator shall make available—

(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)

Immunity.—

Any person performing any activity under this section or sections 30503 or 30504 in good faith and with the reasonable belief that such activity was in accordance with this section or section 30503 or 30504, as the case may be, shall be immune from any civil action respecting such activity which is seeking money damages or equitable relief in any court of the United States or a State.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 30502

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 980

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 980

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 104–152 § 2(c) · 110 Stat. 1384

    1. Amended · 49 U.S.C. § 30502

      Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102

    2. Substituted · 49 U.S.C. § 30502

      Pub. L. 104–152, § 2(c), as substituted “Motor Vehicle” for “Automobile” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted “Motor Vehicle” for “Automobile” in section catchline.

    Enacted provision · exact public law section
    (c) System Name.— Chapter 305 of title 49, United States Code, is amended by striking “National Automobile Title Information System” each place it occurs in the chapter heading, the table of sections for chapter 305, the section heading for section 30502, and in the texts of sections 30502 and 30503 and inserting “National Motor Vehicle Title Information System”.

  3. Pub. L. 104–152 § 3(a) · 110 Stat. 1384

    Struck and inserted · 49 U.S.C. § 30502(a); 49 U.S.C. § 30502(b)

    Pub. L. 104–152, § 3(a), which directed the amendment of this section by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”, and Pub. L. 104–152, § 3(b), which directed the striking of each reference to “Attorney General” and inserting “Secretary of Transportation”, were executed simultaneously, to reflect the probable intent of Congress. See below

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 104–152, § 3(a), which directed the amendment of this section by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”, and Pub. L. 104–152, § 3(b), which directed the striking of each reference to “Attorney General” and inserting “Secretary of Transportation”, were executed simultaneously, to reflect the probable intent of Congress. See below.

    Enacted provision · exact public law section
    (a) Secretary of Transportation.— Sections 30501, 30502, 30503, 30504, and 30505 of title 49, United States Code, are each amended by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”.

  4. Pub. L. 104–152 § 3 · 110 Stat. 1384

    1. Substituted · 49 U.S.C. § 30502(a)(1)

      Pub. L. 104–152, § 3, substituted “Attorney General shall” for “Secretary of Transportation shall”

    2. Substituted · 49 U.S.C. § 30502(a)(1)

      Pub. L. 104–152, § 3, substituted “Attorney General decides” for “Secretary decides”

    3. Substituted · 49 U.S.C. § 30502(a)(1)

      Pub. L. 104–152, § 3, substituted “permit the Attorney General” for “permit the Secretary”

    4. Substituted · 49 U.S.C. § 30502(a)(1)

      Pub. L. 104–152, § 3, substituted “Attorney General, in consultation with the Secretary of Transportation” for “Secretary, in consultation with the Attorney General”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–152, § 3, substituted “Attorney General shall” for “Secretary of Transportation shall”, “Attorney General decides” for “Secretary decides”, “permit the Attorney General” for “permit the Secretary”, and “Attorney General, in consultation with the Secretary of Transportation” for “Secretary, in consultation with the Attorney General”.

    Enacted provision · exact public law section
    SEC. 3. DELEGATION OF AUTHORITY. (a) Secretary of Transportation.— Sections 30501, 30502, 30503, 30504, and 30505 of title 49, United States Code, are each amended by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”. (b) Attorney General.— Section 30502 of title 49, United States Code, is amended by striking each reference to “Attorney General” and inserting “Secretary of Transportation”.

  5. Pub. L. 104–152 § 2(c) · 110 Stat. 1384

    1. Amended · 49 U.S.C. § 30502(a)(1)

      Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102

    2. Substituted · 49 U.S.C. § 30502(a)(1)

      Pub. L. 104–152, § 2(c), as substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in two places.

    Enacted provision · exact public law section
    (c) System Name.— Chapter 305 of title 49, United States Code, is amended by striking “National Automobile Title Information System” each place it occurs in the chapter heading, the table of sections for chapter 305, the section heading for section 30502, and in the texts of sections 30502 and 30503 and inserting “National Motor Vehicle Title Information System”.

  6. Pub. L. 104–152 § 2(a) · 110 Stat. 1384

    Substituted · 49 U.S.C. § 30502(a)(1)

    Pub. L. 104–152, § 2(a), substituted “December 31, 1967” for “January 31, 1966”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–152, § 2(a), substituted “December 31, 1967” for “January 31, 1966”.

    Enacted provision · exact public law section
    (a) System Date.— Section 30502(a)(1) of title 49, United States Code, is amended by striking “January 31, 1996” and inserting “December 31, 1997”.

  7. Pub. L. 104–152 § 3 · 110 Stat. 1384

    1. Substituted · 49 U.S.C. § 30502(a)(2)

      Pub. L. 104–152, § 3, substituted “Secretary of Transportation” for “Attorney General”

    2. Substituted · 49 U.S.C. § 30502(a)(2)

      Pub. L. 104–152, § 3, substituted “Attorney General” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–152, § 3, substituted “Secretary of Transportation” for “Attorney General” and “Attorney General” for “Secretary”.

    Enacted provision · exact public law section
    SEC. 3. DELEGATION OF AUTHORITY. (a) Secretary of Transportation.— Sections 30501, 30502, 30503, 30504, and 30505 of title 49, United States Code, are each amended by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”. (b) Attorney General.— Section 30502 of title 49, United States Code, is amended by striking each reference to “Attorney General” and inserting “Secretary of Transportation”.

  8. Pub. L. 104–152 § 3(a) · 110 Stat. 1384

    Substituted · 49 U.S.C. § 30502(b)

    Pub. L. 104–152, § 3(a), substituted “Attorney General” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–152, § 3(a), substituted “Attorney General” for “Secretary”.

    Enacted provision · exact public law section
    (a) Secretary of Transportation.— Sections 30501, 30502, 30503, 30504, and 30505 of title 49, United States Code, are each amended by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”.

  9. Pub. L. 104–152 § 4 · 110 Stat. 1384

    Added · 49 U.S.C. § 30502(f)

    Pub. L. 104–152, § 4, added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–152, § 4, added subsec. (f).

    Enacted provision · exact public law section
    SEC 4. TITLE INFORMATION SYSTEM. Section 30502 of title 49, United States Code, is amended by adding at the end the following: “(f) Immunity.— Any person performing any activity under this section or sections 30503 or 30504 in good faith and with the reasonable belief that such activity was in accordance with this section or section 30503 or 30504, as the case may be, shall be immune from any civil action respecting such activity which is seeking money damages or equitable relief in any court of the United States or a State.”.

  10. Pub. L. 105–102 § 3(b) · 111 Stat. 2204

    Amended · 49 U.S.C. § 30502

    Pub. L. 105–102 amended directory language of Pub. L. 104–152, § 2(c). See 1996 Amendment notes below

    Source evidence

    Code amendment note
    Pub. L. 105–102 amended directory language of Pub. L. 104–152, § 2(c). See 1996 Amendment notes below.

    Enacted provision · exact public law section
    (b) Effective July 2, 1996, section 2(c) of the Anti-Car Theft Improvements Act of 1996 (Public Law 104–152; 110 Stat. 1384) is amended by striking “sections 30502 and 30503” and substituting 49 USC 30501 note, 30501–30504. “sections 30501(6), 30502, 30503, and 30504(a)(1)”.

    Effective date note
    Pub. L. 105–102, § 3(b), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(b) is effective July 2, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

16 of 16 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
30502(a)15:2042(a)(1).Oct. 25, 1992, Pub. L. 102–519, § 202, 106 Stat. 3390.
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 “” 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

Amendments1996–1997 · 2 rounds

1997

Pub. L. 105–102 amended directory language of Pub. L. 104–152, § 2(c). See 1996 Amendment notes below.

1996

Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted “Motor Vehicle” for “Automobile” in section catchline.

Subsecs. (a), (b). Pub. L. 104–152, § 3(a), which directed the amendment of this section by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”, and Pub. L. 104–152, § 3(b), which directed the striking of each reference to “Attorney General” and inserting “Secretary of Transportation”, were executed simultaneously, to reflect the probable intent of Congress. See below.

Subsec. (a)(1). Pub. L. 104–152, § 3, substituted “Attorney General shall” for “Secretary of Transportation shall”, “Attorney General decides” for “Secretary decides”, “permit the Attorney General” for “permit the Secretary”, and “Attorney General, in consultation with the Secretary of Transportation” for “Secretary, in consultation with the Attorney General”.

Pub. L. 104–152, § 2(c), as amended by Pub. L. 105–102, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in two places.

Pub. L. 104–152, § 2(a), substituted “” for “”.

Subsec. (a)(2). Pub. L. 104–152, § 3, substituted “Secretary of Transportation” for “Attorney General” and “Attorney General” for “Secretary”.

Subsec. (b). Pub. L. 104–152, § 3(a), substituted “Attorney General” for “Secretary”.

Subsec. (f). Pub. L. 104–152, § 4, added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–102, § 3(b), , 111 Stat. 2215, provided that the amendment made by section 3(b) is effective .

Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.

Effectiveness of System

Pub. L. 104–152, § 6(c), , 110 Stat. 1385, provided that: “The information system established under section 30502 of title 49, United States Code, shall be effective as provided in the rules promulgated by the Attorney General.”

Credits

1994–1997 · 3 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 980
  2. 1996Pub. L. 104–152, §§ 2(a), (c), 3, 4, , 110 Stat. 1384
  3. 1997Pub. L. 105–102, § 3(b), , 111 Stat. 2215.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 980; Pub. L. 104–152, §§ 2(a), (c), 3, 4, , 110 Stat. 1384; Pub. L. 105–102, § 3(b), , 111 Stat. 2215.)

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