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Automobile Fraud: § 565.1 Purpose and scope.

This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns.

Automobile Fraud: § 565.2 Application.

(a)(1) Except as provided in paragraph (a)(2) of this section, Subpart B of this part 565 applies to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after October 27, 2008 whose VINs have a letter “A” or “B” in the 10th position, and to passenger cars, multipurpose passenger vehicles, trucks, buses, trailers (including trailer kits), incomplete vehicles, low speed vehicles, and motorcycles manufactured on or after April 30, 2009.

Automobile Fraud: § 565.10 Purpose and scope.

This part specifies the format, content and physical requirements for a vehicle identification number (VIN) system and its installation to simplify vehicle identification information retrieval and to increase the accuracy and efficiency of vehicle recall campaigns.

Automobile Fraud: § 565.12 Definitions.

(a) Federal Motor Vehicle Safety Standards Definitions. Unless otherwise indicated, all terms used in this part that are defined in 49 CFR 571.3 are used as defined in 49 CFR 571.3.

(b) Other definitions. As used in this part—

Body type means the general configuration or shape of a vehicle distinguished by such characteristics as the number of doors or windows, cargo-carrying features and the roofline (e.g., sedan, fastback, hatchback).

Automobile Fraud: Listing of Provisions

TITLE 49—TRANSPORTATION

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Subtitle VI. Motor Vehicle and Driver Programs

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Part C. Information, Standards, and Requirements

The Motor Vehicle Information and Cost Savings Act

Chapter 321. General

§ 32101. Definitions

* * *

Chapter 327. Odometers

Automobile Fraud: § 2723 Penalties

(a) Criminal fine.—A person who knowingly violates this chapter shall be fined under this title.

(b) Violations by State department of motor vehicles.—Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance.

Automobile Fraud: A.1.4.10 2012 Amendments

On July 6, 2012, Congress enacted the Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141, 126 Stat. 405 (2012). This act requires the Department of Transportation to issue regulations by January 6, 2014 which would allow an electronic disclosure or notice to substitute for any written disclosure or notice required by MVICSA.

Automobile Fraud: § 32706 Inspections, investigations, and records

(a) Authority to inspect and investigate.—Subject to section 32707 of this title, the Secretary of Transportation may conduct an inspection or investigation necessary to carry out this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall cooperate with State and local officials to the greatest extent possible in conducting an inspection or investigation. The Secretary may give the Attorney General information about a violation of this chapter or a regulation prescribed or order issued under this chapter.

Automobile Fraud: § 30503 State participation

(a) State information.—Each State shall make titling information maintained by that State available for use in operating the National Motor Vehicle Title Information System established or designated under section 30502 of this title.

Automobile Fraud: A.1.4.4 1986 Amendments

June 6, 1983. Senator Exon introduces S. 1407, 98th Cong. (1983) requiring titles and registration to be printed on bank note papers and have odometer disclosure. Reprinted in Automobile Odometer Modification: Hearing on S. 1407 Before the Subcomm. on Surface Transp. of the Senate Comm. on Commerce, Science and Transp., 98th Cong. 3–5 (1984).

Automobile Fraud: § 32101 Definitions

[Editor’s note: Only definitions relevant to the Motor Vehicle Information and Cost Savings Act are reprinted.]

In this part (except chapter 329 and except as provided in section 33101)—

* * *

(4) “make”, when describing a passenger motor vehicle, means the trade name of the manufacturer of the vehicle.

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Automobile Fraud: § 2724 Civil action

(a) Cause of action.—A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court.

(b) Remedies.—The court may award—

(1) actual damages, but not less than liquidated damages in the amount of $2,500;

Automobile Fraud: A.1.4.11 2015 Amendment

On December 14, 2015, Congress enacted § 24111 of the Fixing America’s Surface Transportation Act, Pub. L. No. 114-94, 129 Stat. 1312. This amendment allows states to use conforming electronic disclosures or notices to substitute for any written disclosure or notice required by MVICSA. This authority expires when the Department of Transportation issues its overdue regulations on this subject.

Automobile Fraud: § 32707 Administrative warrants

(a) Definition.—In this section, “probable cause” means a valid public interest in the effective enforcement of this chapter or a regulation prescribed under this chapter sufficient to justify the inspection or impoundment in the circumstances stated in an application for a warrant under this section.

(b) Warrant requirement and issuance.

Automobile Fraud: A.1.4.5 1988 Amendment

When the NHTSA refused to permit the use of powers of attorney for odometer disclosures in which the same person could sign as transferor and transferee, dealers obtained an amendment to the Pipeline Safety Reauthorization Act permitting their use.

September 30, 1988. Senate passes S. 2424, 100th Cong. (1988) with Byrd amendment permitting unlimited use of power of attorney. 134 Cong. Rec. S14,002–S14,003 (daily ed. Sept. 30, 1988).

Automobile Fraud: § 32701 Findings and purposes

(a) Findings.—Congress finds that—

(1) buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle;

(2) buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the vehicle;

(3) an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle; and

Automobile Fraud: § 2725 Definitions

In this chapter—

(1) “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles;

(2) “person” means an individual, organization or entity, but does not include a State or agency thereof;

Automobile Fraud: Listing of Provisions

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

Part I. Crimes

* * *

Chapter 123. Prohibition on Release and Use of Certain Personal Information from State Motor Vehicle Records

Driver’s Privacy Protection Act

§ 2721. Prohibition on release and use of certain personal information from State motor vehicle records

§ 2722. Additional unlawful acts

§ 2723. Penalties

Automobile Fraud: § 32708 Confidentiality of information

(a) General.—Information obtained by the Secretary of Transportation under this chapter related to a confidential matter referred to in section 1905 of title 18 may be disclosed only—

(1) to another officer or employee of the United States Government for use in carrying out this chapter; or

(2) in a proceeding under this chapter.

Automobile Fraud: A.1.4.6 1990 Amendment

When the NHTSA required dealers using a power of attorney to submit the original power of attorney to the state that issued the power of attorney along with the application for title, the dealers obtained an amendment to the Independent Safety Board Act Amendments of 1990 to prohibit NHTSA from requiring that a vehicle be titled in the state in which the power of attorney was issued.