Motor Vehicle Theft Prevention Act Program Regulations

DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 29

[OJP No. 1081]

RIN 1121-AA38

Motor Vehicle Theft Prevention Act Program Regulations

AGENCY: Office of Justice Programs, Bureau of Justice Assistance.

Justice.

ACTION: Final rule.

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SUMMARY: The Bureau of Justice Assistance is publishing a Final Rule to

implement the Motor Vehicle Theft Prevention Act of 1994 (MVTPA) by

issuing regulations to establish a national voluntary motor vehicle

theft prevention program. A Proposed Rule for public comment was

published in the Federal Register on October 24, 1995. Under this

program, motor vehicle owners may sign a consent form and obtain a

program decal authorizing law enforcement officers to stop their motor

vehicle if it is being driven under certain specified conditions, and

take reasonable steps to determine whether the vehicle is being

operated with the owner's consent. There are two program conditions

proposed in this rule. Under the first condition, the owner may consent

to have the car stopped if it is operated between the hours of 1:00

a.m. and 5:00 a.m. Under the second condition, the owner may consent to

have the car stopped if it crosses, is about to cross, or about to be

transported across a United States land border, or if it enters a port.

States and localities may elect to participate in the program solely at

their option. The MVTPA grants the Attorney General authority to

establish additional conditions so long as consent from program

participants is obtained and a separate design for program decals is

provided.

EFFECTIVE DATE: September 5, 1996.

FOR FURTHER INFORMATION CONTACT: Greg Morris, Bureau of Justice

Assistance, Office of Justice Programs, Department of Justice, 633

Indiana Avenue, N.W., Room 1086D, Washington, D.C. 20531. (202) 616-

3458.

SUPPLEMENTARY INFORMATION: Section 220001 of the Violent Crime Control

and Law Enforcement Act of 1994, Pub. L. 103-322, 108 Stat. 2074,

codified at 42 U.S.C. 14171, contains the Motor Vehicle Theft

Prevention Act (MVTPA). The MVTPA requires the Attorney General to

establish a national voluntary motor vehicle theft prevention program.

The Attorney General has delegated the authority to establish such a

program to the Assistant Attorney General for the Office of Justice

Programs. The Assistant Attorney General for the Office of Justice

Programs has delegated the authority and responsibility for the

management and administration of the program to the Director of the

Bureau of Justice Assistance.

Under this program, automobile owners may voluntarily sign a

consent form and obtain a program decal that authorizes law enforcement

officers to stop the motor vehicle if it is being operated under

certain specified conditions and take reasonable steps to determine

whether the vehicle is being operated with the owner's consent.

Participation in this program is completely voluntary on the part of

the vehicle owner and State and local governments.

A Proposed Rule with request for comments was published in the

Federal Register on October 24, 1995. 60 FR 54459. The following is a

summary of the comments received before the comment period closed on

December 26, 1995.

The California Department of the Highway Patrol raised the

following concerns: (1) Whether an officer has probable cause to stop a

vehicle displaying a decal; (2) the ease with which a thief can remove

a decal; (3) the necessity for extensive public awareness campaigns;

and (4) the transferability or renewal of a decal from one vehicle to

another.

The Department of Justice takes the position that under section

Sec. 29.8 of the rule, Motor vehicle owner participation, the owner of

the vehicle has already granted permission to law enforcement officials

to stop the vehicle if it is being operated under the specified

conditions. It is also the owner's responsibility to advise any other

user of the vehicle that they are subject to being stopped by law

enforcement officials under specified conditions.

BJA intends to use a tamper-resistant, unobtrusive front window

decal to be applied on the inside of the glass directly above the

inside rear-view mirror. In the event that state or local regulations

preclude placing a decal there, it may be placed on the lower right

side. For the rear window, a tamper-resistant decal shall be placed on

the exterior side of the glass along the lower left side. The decision

to place the rear window decal on the outside face of the glass is due

to the wide spread use of tinted glass, and to minimize the adverse

effects from use of rear window defogger units.

BJA intends to use state-of-the-art, retroreflective sheeting paper

in the manufacture of its decals which will result in the decal being

luminescent and easily discernible at night when either direct or

indirect light is cast upon it. This feature would have been

compromised had the decal been placed on the interior side of tinted

glass.

Secondly, the heat generated by a rear window defogger sometimes

results in the loosening of stickers applied on the interior face of

the glass. The removal of such stickers by scraping with a sharp object

can result in damage to the defogger heating filaments embedded near

the interior face of the glass.

For those vehicles that are convertibles or have removable tops,

the rear window decal can be applied to the left side of the rear

bumper.

The main purposes of the MVTPA Program is to create additional,

time-consuming impediments for thieves, and to create a mechanism for

law enforcement to proactively investigate auto theft before a stolen

vehicle report is filed with the authorities.

The MVTPA Program compels a thief to remove a tamper-resistant

bumper sticker while they are alongside the

[[Page 40724]]

vehicle, acting suspiciously and drawing attention to themself. The

thief must then gain access to the vehicle and arouse even greater

suspicion by scraping from the interior of the windshield, a second,

tamper-resistant, decal(s). These additional impediments, in addition

to other theft prevention devices such as an steering wheel locks,

increase the number of hurdles a thief must overcome and raise the

deterrence threshold.

A significant number of auto thefts are committed during the early

morning hours when the owners are asleep and unaware that their

vehicles have been stolen. In many instances, a stolen car can be

driven to a chop shop or driven across state lines before the owner

awakens to discover the theft. The MVTPA Program allows police to

proactively investigate auto theft before a stolen vehicle report is

made by stopping those vehicles which are not normally driven during

the early morning hours, or operated near to an international land

border or port.

Additionally, some states maintain an additional computerized data

base of vehicles enrolled in MVTPA-type programs which are instantly

accessible to law enforcement at all times. Thus, if a thief has

removed the vehicle's decals and while driving, arouses the suspicion

of a police officer on patrol, that officer can access a computerized

data base to not only check whether the vehicle has been reported as

stolen, but also verify that the owner of the vehicle has enrolled the

car in the MVTPA Program and that decals should be affixed to the

vehicle. The absence of decals would heighten the officer's suspicion

that the vehicle had been stolen.

As the MVTPA Program eventually expands into a nationwide program,

BJA will begin a national public awareness campaign to both inform the

public and publicize the Program. However, since the MVTPA will

originate in a few selected states, BJA will focus its initial public

awareness efforts on corroborative efforts with the respective state

automobile theft prevention authorities to publicize their program

statewide.

Section 29.10 and 29.11 respectively address the issues of owners

withdrawing from the program, and the sale or transfer of the enrolled

vehicle. In both instances the owner is required to completely remove

the program decals, change the license plate if necessary, and is

encouraged to notify the participating agency in writing.

The Illinois Motor Vehicle Theft Prevention Council questioned

whether a registration fee would be required and who would be

responsible for its payment. The Bureau of Justice Assistance will

defer to the participating states and localities on the question of

fees charged to owners for registration and materials such as decals,

stickers, emblems and license plates.

The Council also expressed concern over the size and design of the

emblems, decals, stickers and devices. Section 29.3 of the Final Rule

has been amended to task the Bureau of Justice Assistance with the

responsibility of creating a standard, universally recognizable MVTPA

reflective emblem, icon, stickers and or decal. The size and design of

the front windshield decal will make them readily identifiable to a

person standing a short distance away. The rear window decal or sticker

will be readily identifiable to a person traveling in a vehicle at a

safe distance behind.

The Council and other respondents raised concern regarding the

maintenance of a computerized registry of participants. BJA fully

supports the use of computerized state registries and has further

amended the rule to provide states the flexibility of adopting the

design of the icon or emblem into the manufacture of optional,

vehicular license plates which would have to specifically requested by

vehicle registrants. BJA believes that specialized license plates would

be preferable to emblems or decals in the long-term. States can

facilitate public awareness campaigns through the distribution of

customized license plates and track their transferability.

Additionally, the Council noted that the design of the consent

forms should be specified, and questioned whether unreasonable

requirements may be placed on vehicle owners. Section 29.3 has been

amended to require BJA to produce a model consent and registration

form. The requirements will be clearly specified on such forms and

section 29.13 prohibits the addition of new conditions without the

owner's consent.

Finally, the Council expressed some concern that a national

registration program would draw state registrants from Illinois' Beat

Auto Theft (BAT) Program, creating duplication and necessitating

retraining of public employees already familiar with BAT. However, the

Council conceded that the advantages of a uniform, nation-wide program

outweigh the temporary disadvantages of duplication and retraining

while states with their own programs make the transition to the

national program.

The National Automobile Dealers Association (NADA) wrote to request

that new and used auto dealerships be included in the program. Whereas

BJA supports dealership decal registration programs in which states

supply dealerships with an inventory of decals to be attached to

vehicles on an as needed basis, BJA wishes to avoid micro management of

states' programs. BJA has not included such dealership programs as a

provision of the final regulation, but has revised the definition of

the term ``owner'' in Sec. 29.2 to include them. States and/or

localities may elect to participate in the program by requesting

program enrollment materials from BJA and by following the program

requirements set forth in guidelines. BJA further notes that the

previously cited option of utilizing license plate registration would

not only better facilitate state record keeping, it would also enable

automobile dealers to use special dealer license plates instead of

constantly applying and removing decals.

NADA also suggested that Department of Justice abandon the current

proposed time frame (1:00 a.m. to 5:00 a.m.) in favor of a time frame

more conducive to the operation of automobile dealerships, such as

10:00 p.m. to 7:00 a.m. This recommendation has been rejected on the

grounds that it would place an inordinate burden on participating

motorists by exposing them to traffic stops between the hours of 10:00

p.m. and 1:00 a.m., and would place an extraordinary burden on

commuters who must leave home before 7:00 a.m to reach the workplace.

In response to NADA's suggestion that states adopt criminal penalties

for illegally tampering or removing decals, BJA notes that the MVPTA

already imposes Federal sanctions for those who with the intent to

steal, remove, deface, or obstruct a MVPTA decal, emblem or sticker.

The Act also imposes a criminal fine for the unauthorized application

of a theft prevention decal or device.

The MVTPA requires, as a condition of participation, that each

State or locality agrees to take reasonable steps to ensure that law

enforcement officials throughout its jurisdiction are familiar with the

program, and with the conditions under which motor vehicles may be

stopped. Participating states and/or localities are free to choose one

or more of the program conditions established under this rule, and,

therefore, need not authorize their law enforcement officers to stop

motor vehicles under all the conditions specified hereunder in order to

participate.

Participation in this program on the part of states and/or

localities is completely voluntary, and participating jurisdictions may

withdraw from the

[[Page 40725]]

program at any time by sending written notification to BJA.

The adoption of a universally recognizable MVTPA emblem or icon was

prompted by comments received expressing concern over the lack of

uniformity as various states devise their own emblems and decals; the

transferability of decals from one vehicle to another; the ability of

states to track participation in the program by integrating it with

automobile registration systems; the need for public awareness

campaigns; removal of decals by thieves; and a desire to implement a

uniform national program to encourage participation by current

nonparticipating states and localities.

This program is a Federal program that operates separately from any

existing State and local motor vehicle theft prevention program. It is

not intended to preempt existing State or local laws or programs.

Likewise, this program is not intended to preclude states or localities

from setting up their own programs with different or additional

conditions. Participating owners also should be notified of the State

or locality's decision to terminate the program.

Sections 29.8 through 29.12 of the rule explain how an owner in a

participating jurisdiction may enroll his or her automobile in the

program and the responsibilities that accompany participation. In order

to enroll, the owner of the vehicle must sign a program consent form

and register his or her vehicle with a participating State or locality.

By signing the consent form, the owner states that his or her vehicle

is normally not operated under certain specified conditions and

consents to have the automobile stopped if participating law

enforcement officials see the car operated under these conditions.

Additionally, in those instances where states do not issue special

license plates, the owner agrees to display the program decal on his or

her vehicle. For each of the conditions, the owner must give consent

and affix a separate decal.

Section 29.9 requires any person who is in the business of renting

or leasing motor vehicles that bear a program decal to notify the

person to whom the motor vehicle is rented or leased of the program

prior to transferring possession of the vehicle. Failure to provide

such notice to a renter or lessee may result in the assessment of a

civil penalty of an amount not to exceed $5,000. The Assistant Attorney

General of the Civil Division, or his or her designee, shall have the

responsibility to enforce the civil penalties hereunder.

Initially, the program will have two sets of conditions. Under the

first condition, the owner may consent to have the car stopped if it is

operated between the hours of 1:00 a.m. and 5:00 a.m. Under the second

condition, the owner may consent to have the car stopped if it crosses,

is about to cross, or is about to be transported across a United States

land border, or if it enters a port. The rule establishes a one-mile

limit within which states or localities may enforce the border

provision. The one-mile limit is intended to give participating

jurisdictions flexibility to implement the program in a manner most

suitable to local conditions. However, jurisdictions are strongly

encouraged to establish the boundary close to the border for

enforcement purposes without disrupting traffic.

The early morning and border crossing conditions have been used

successfully in existing State and local programs. The port provision

is not, to BJA's knowledge, currently employed in any jurisdiction but

has been included in these proposed regulations because many states,

police departments, prosecutors, and industry representatives have

expressed an interest in methods to reduce stolen vehicles transported

through ports.

The MVTPA authorizes the Attorney General to add conditions to the

program only with the consent of the vehicle owner. Accordingly, after

the program has begun, new conditions under which a vehicle may be

stopped may be added to an existing program only if the owner consents

to the new condition or conditions.

At this time, based on consultations with State and local law

enforcement organizations, prosecutors, and private industry

representatives, the Department of Justice intends to implement the

MVTPA with the two basic program conditions outlined above, limited to

operation of a vehicle between 1:00 a.m. and 5:00 a.m., and operation

or transport of a vehicle across a United States land border or into a

United States port.

In accordance with 5 U.S.C. 605(b), the Director of the Bureau of

Justice Assistance certifies that this rule does not have a significant

adverse economic impact on a substantial number of small entities. This

rule is not a significant regulatory action under Executive Order No.

12866, and therefore, this rule has not been reviewed by the Office of

Management and Budget. This rule has no federalism implications

warranting the preparation of a Federalism Assessment in accordance

with Executive Order No. 12612.

Regulatory Flexibility Act

The Director of the Bureau of Justice Assistance, in accordance

with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed

this rule and, by approving it, certifies that the rule will not have a

significant economic impact on a substantial number of small entities

because of the following factors. Motor vehicle owners, State, and

localities may elect to participate in this program solely at their

option. This rule sets forth conditions under which such parties may

participate but does not impose any fees. The Bureau of Justice

Assistance defers to the participating States and localities on the

question of whether fees will be charged to owners for registration and

materials such as decals, stickers, emblems, and license plates.

List of Subjects in 28 CFR Part 29

Administrative practice and procedure, Authority delegations,

Crime, Highways and roads, International boundaries, Law enforcement,

Motor vehicles, Organization and functions (Government agencies),

Searches.

Accordingly, under the authority delegated by the Attorney General

to the Bureau of Justice Assistance, title 28 of the Code of Federal

Regulations is amended by adding part 29 to read as follows:

PART 29--MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS

Sec.

29.1 Purpose.

29.2 Definitions.

29.3 Administration by the Bureau of Justice Assistance.

29.4 Election to participate by states and localities.

29.5 Notification of law enforcement officials.

29.6 Limited participation by states and localities permitted.

29.7 Withdrawal from the program by states and localities.

29.8 Motor vehicle owner participation.

29.9 Motor vehicles for hire.

29.10 Owner withdrawal from the program.

29.11 Sale or other transfer of an enrolled vehicle.

29.12 Specified conditions under which stops may be authorized.

29.13 No new conditions without consent.

Authority: 28 U.S.C. 509, 510; 42 U.S.C. 14171.

Sec. 29.1 Purpose.

(a) The purpose of this part is to implement the Motor Vehicle

Theft Prevention Act, 42 U.S.C. 14171, which requires the Attorney

General to develop, in cooperation with the states, a national

voluntary motor vehicle theft

[[Page 40726]]

prevention program. The program will be implemented by states and

localities, at their sole option.

(b) Under this program, individual motor vehicle owners voluntarily

sign a consent form in which the owner

(1) Indicates that the identified vehicle is not normally operated

under certain specified conditions and

(2) Agrees to display a program decal or license plate on the

vehicle and to permit law enforcement officials in any jurisdiction to

stop the motor vehicle if it is being operated under specified

conditions and take reasonable steps to determine whether the vehicle

is being operated by or with the permission of the owner.

(c) The regulations set forth in this part establish the conditions

under which an owner may consent to having his or her vehicle stopped

and the manner in which a State or locality may elect to participate.

Sec. 29.2 Definitions.

For the purposes of this part:

(a) ``The Act'' or ``the MVTPA'' means the Motor Vehicle Theft

Prevention Act.

(b) ``Owner'' means the person or persons whose name(s) appear(s)

on the certificate of title or to whom the car is registered. In the

instance of a new vehicle awaiting sale or lease or in the instance of

a used vehicle where the title has been assigned to a dealership, the

term ``owner'' shall be construed to mean new and used automobile

dealerships.

(c) ``The Program'' refers to the National Voluntary Motor Vehicle

Theft Prevention Program implemented pursuant to the Motor Vehicle

Prevention Act.

Sec. 29.3 Administration by the Bureau of Justice Assistance.

The Director of the Bureau of Justice Assistance shall administer

this Program and shall issue guidelines governing the operational

aspects of it, including the design and production of a standardized,

universally recognizable MVTPA reflective decal, as well as model

consent and registration forms.

Sec. 29.4 Election to participate by states and localities.

(a) Any State or locality that wishes to participate in the program

shall register with the BJA and request program enrollment materials.

Registration forms will be available upon request. Participation in the

program is wholly voluntary on the part of the State or locality.

(b) By electing to participate in the program, a State or locality

agrees to do the following:

(1) Make program enrollment materials, including consent forms,

available to interested motor vehicle owners;

(2) Collect completed consent forms;

(3) Provide enrolled motor vehicle owners with the decal(s), and

license plate(s) applicable to their program condition or conditions

and instructions governing program participation;

(4) Take the necessary steps to authorize law enforcement officials

to stop motor vehicles enrolled in the program; and

(5) Comply with any other regulation(s) or guideline(s) governing

participation in this program.

Sec. 29.5 Notification of law enforcement officials.

In addition to the actions enumerated in Sec. 29.4(b), as a

condition of participating in the program, a State or locality must

agree to take reasonable steps to ensure that law enforcement officials

under its jurisdiction are familiar with the program and with the

conditions under which motor vehicles may be stopped.

Sec. 29.6 Limited participation by states and localities permitted.

A State or locality need not authorize the stopping of motor

vehicles under all sets of conditions specified under the program in

order to participate in the program.

Sec. 29.7 Withdrawal from the program by states and localities.

Any participating State or locality may withdraw from the program

at any time by sending written notification to BJA and by notifying

participating owners individually by mail of the decision to withdraw.

Sec. 29.8 Motor vehicle owner participation.

In order to participate in this program, the owner(s) of a motor

vehicle must sign a program consent form and register with a

participating State or locality. If the vehicle is registered to more

than one person, both owners must sign the consent form. By enrolling

in the federal program, the owner(s) of the motor vehicle--

(a) State(s) that the vehicle is not normally operated under the

specified conditions; and

(b) Agree(s) to:

(1) Display the program decals or devices on the owner's vehicle;

(2) Permit law enforcement officials in any State or locality to

stop the motor vehicle if the vehicle is being operated under the

specified conditions and take reasonable steps to determine whether the

vehicle is being operated by or with the permission of the owner;

(3) Expressly advise any borrower of the vehicle of the existence

of this agreement, and that such user will be subject to being stopped

by law enforcement officials if the vehicle is being operated under the

specified condition(s) even if the officials have no other basis for

believing the vehicle is being operated unlawfully; and

(4) Comply with any other regulation(s) or guideline(s) governing

participation in this program.

Sec. 29.9 Motor vehicles for hire.

(a) Any person who is in the business of renting or leasing motor

vehicles and who rents or leases a motor vehicle on which a program

decal or device is affixed shall notify the person to whom the motor

vehicle is rented or leased about the program, prior to transferring

possession of the vehicle.

(b) The notice required by this section shall be printed in bold

type in the rental or lease agreement, and on the envelope in which the

rental agreement is placed. The notice provision in the rental or lease

agreement must utilize a larger font than the standard type in the

agreement. The notice must state that the motor vehicle may be stopped

by law enforcement officials if it is operated under the conditions

specified by the program in which the car is enrolled even if the

officials have no other basis for believing that the vehicle is being

operated unlawfully.

(c) Failure to provide the notice required by this section to a

renter or lessee may result in the assessment of a civil penalty by the

Assistant Attorney General, Civil Division, or his or her designee, of

an amount not to exceed $5,000. No penalty shall be assessed unless the

person charged has been given notice and an opportunity for a hearing

of such charge.

Sec. 29.10 Owner withdrawal from the program.

An owner may withdraw from the program at any time by completely

removing the program decal and changing the license plate if necessary.

The owner is also encouraged to notify the participating agency in

writing of such withdrawal.

Sec. 29.11 Sale or other transfer of an enrolled vehicle.

Upon the transferral of ownership of an enrolled vehicle, the

transferring owner must completely remove the program decals, change

the license plate(s) if necessary, and is encouraged to notify the

participating agency in writing of the transfer of ownership of the

vehicle.

[[Page 40727]]

Sec. 29.12 Specified conditions under which stops may be authorized.

A motor vehicle owner may voluntarily enroll his or her vehicle(s)

and give written consent to law enforcement official to stop the

vehicle if it is being operated under any or all the conditions set

forth in this section. For each condition, the owner(s) must grant

consent and affix a separate decal, device, or license plate.

(a) Time. A motor vehicle owner may authorize law enforcement

officers to stop the enrolled vehicle if it is being operated between

the hours of 1:00 AM and 5:00 AM. By enrolling in a program with this

condition, the owner must state that the vehicle is not normally

operated between the specified hours, and that the owner understands

that the operation of the vehicle between those hours provides

sufficient grounds for a law enforcement officer to reasonably believe

that the vehicle is not being operated by or with the consent of the

owner, even if the law enforcement official has no other basis for

believing that the vehicle is being operated unlawfully.

(b) Border crossing or port entry. A motor vehicle owner may

authorize law enforcement officers to stop the enrolled vehicle if it

crosses, is about to cross or is about to be transported across a

United States land border, or if it enters a United States port. For

purposes of this section, the phrase ``about to cross a United States

land border'' means the vehicle is operated or transported within one

mile of a United States land border. Participating States or localities

may implement this provision in accordance with local conditions,

provided that a participating State or locality may not extend the

applicable geographic area beyond one mile from the United States land

border. By enrolling in a program with this condition, the owner must

state that the vehicle is not normally driven across a border or into a

port, and that the owner understands that the operation or transport of

the vehicle within a mile of a United States land border or into a port

provides sufficient grounds for a law enforcement officer to believe

that the vehicle is not being operated by or with the consent of the

owner even if the law enforcement officer has no other basis for

believing that the vehicle is being operated unlawfully.

Sec. 29.13 No new conditions without consent.

After the program has begun, new conditions under which a vehicle

may be stopped may only be added to an existing program if the owner

consents to the new condition or conditions.

Dated: July 30, 1996.

Nancy E. Gist,

Director, Bureau of Justice Assistance.

[FR Doc. 96-19778 Filed 8-5-96; 8:45 am]

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