Motor Vehicle Theft Prevention Act Program Regulations

DEPARTMENT OF JUSTICE

28 CFR Part 29

[AG Order No. 1993-95]

RIN 1105-AA34

Motor Vehicle Theft Prevention Act Program Regulations

AGENCY: Department of Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Justice is publishing a

proposed rule to implement the Motor Vehicle Theft Prevention Act of

1994, 42 U.S.C. 14171, by issuing regulations to establish a national

voluntary motor vehicle theft prevention program. Under this program,

motor vehicle owners may sign a consent form 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 AM and 5 AM. Under the second

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

or is about to cross 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.

DATES: Comments must be submitted on or before December 26, 1995.

ADDRESSES: All comments concerning this proposed rule should be mailed

to Mike Dalich, Office of Justice Programs, Department of Justice, 633

Indiana Avenue, N.W., Room 1300, Washington, D.C. 20531.

FOR FURTHER INFORMATION CONTACT:

Mike Dalich, (202) 307-0360; Samuel J. Dubbin, (202) 514-3116; or

Geovette Washington, (202) 514-3712.

: Comments must be submitted on or before December 26, 1995.

ADDRESSES: All comments concerning this proposed rule should be mailed

to Mike Dalich, Office of Justice Programs, Department of Justice, 633

Indiana Avenue, N.W., Room 1300, Washington, D.C. 20531.

FOR FURTHER INFORMATION CONTACT:

Mike Dalich, (202) 307-0360; Samuel J. Dubbin, (202) 514-3116; or

Geovette Washington, (202) 514-3712.

SUPPLEMENTARY INFORMATION: Section 220001 of the Violent Crime Control

and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 2074

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

Prevention Act (the ``Act''). The Act requires the Attorney General to

establish a national voluntary motor vehicle theft prevention program.

Under this program, automobile owners may voluntarily sign a consent

form 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. While the statute authorizes the appropriation of funds to

implement this program, funds have not yet been appropriated. The

Department of Justice's 1996 budget proposal includes a request for

$1,485,000 to implement this program.

This proposed rule is intended to establish a national program and

set the conditions under which motor vehicle stops may be authorized

under the national program. The rule provides that the Assistant

Attorney General for the Office of Justice Programs, or his or her

designee, will be responsible for the management and administration of

the program and the issuance of guidelines governing the program's

implementation

icles under

all the conditions specified hereunder in order to participate.

Participation in this program on the part of States and localities

is completely voluntary, and participating jurisdictions may withdraw

from the program at any time by sending written notification to the

Office. Participating owners also should be notified of the State or

locality's decision to terminate the program.

This program is a federal program that operates separately from any

existing State and local motor vehicle theft prevention programs; 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.

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 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 agencies see the

car operated under these conditions. Additionally, the owner agrees to

display the program decal on his or her vehicle. For each of the

conditions, there is a separate consent form and a separate decal.

Section 29.9 requires 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 is affixed to notify the person to whom the motor

vehicle is rented or leased about 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 business of renting

or leasing motor vehicles and who rents or leases a motor vehicle on

which a program decal is affixed to notify the person to whom the motor

vehicle is rented or leased about 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, 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 a.m. and 5 a.m. Under the second

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

or is about to cross 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 the flexibility to

implement the program in a manner most suitable to local conditions.

However, jurisdictions are strongly encouraged to establish the

boundary as close to the border as is necessary for enforcement

purposes without unduly disrupting border community traffic.

The early morning and border crossing conditions have been used

successfully in existing State and local programs. The port provision

is not, to our knowledge, currently employed in any jurisdiction, but

it has been included in these proposed regulations because many States,

police departments, prosecutors, and industry representatives have

expressed an interest in methods to reduce vehicle theft through ports.

The Act authorizes the Attorney General to add conditions to the

program only with the consent of the owner

ision

is not, to our knowledge, currently employed in any jurisdiction, but

it has been included in these proposed regulations because many States,

police departments, prosecutors, and industry representatives have

expressed an interest in methods to reduce vehicle theft through ports.

The Act authorizes the Attorney General to add conditions to the

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

At this time based on our consultation with State and local law

enforcement organizations, prosecutors, and private industry, the

Department of Justice intends to implement this Act with the two basic

program conditions outlined above, limited to operation of a vehicle

between 1 a.m. and 5 a.m., and operation of a vehicle across a United

States land border or into a United States port. The Department is

interested, however, in obtaining comments from interested persons

concerning other program conditions it

might adopt under the Act through promulgation of future regulations.

For example, there are communities which have employed a decal for

vehicles which should not be operated between the hours of 10 a.m. and

4 p.m. because the owners commute via mass transit and leave the

vehicle in a commuter lot. Please use this proposed rulemaking as an

opportunity to supply the Department with comments on the desirability

of a commuter decal program, or about other ideas which would help

States and localities prevent motor vehicle theft.

In accordance with 5 U.S.C. 605(b), the Attorney General 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

States and localities prevent motor vehicle theft.

In accordance with 5 U.S.C. 605(b), the Attorney General 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.

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, title 28 of the Code of Federal Regulations is

proposed to be amended by adding part 29 to read as follows:

PART 29--MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS

Sec.

29.1 Purpose.

29.2 Definitons.

29.3 Administration by the Office of Justice Programs.

29.4 Election to participate by States and localities.

29.5 Notification of law enforcement officials.

29.6 Limited participation by States and localities.

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 prevention program. The program will be

implemented by States and localities, at their sole option.

.

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 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) States that the identified vehicle is not normally operated

under certain specified conditions and

(2) Agrees to display a program decal or device on the vehicle and

to permit law enforcement officials in any jurisdiction to stop the

motor vehicle if it 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.

(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.

(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 Office of Justice Programs.

(a) The Assistant Attorney General for the Office of Justice

Programs, or his or her designee (the ``Office''), will administer the

program.

te of title or to whom the car is registered.

(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 Office of Justice Programs.

(a) The Assistant Attorney General for the Office of Justice

Programs, or his or her designee (the ``Office''), will administer the

program.

(b) The Office shall issue guidelines governing the operational

aspects of the program. Such guidelines shall include the fees that may

be charged to States or localities, or to owners, for the materials

such as decals or devices necessary to participate in the program.

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 Office and request program enrollment

materials. Registration forms are available upon request from the

Office. 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)

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 programs; and

s, including consent forms,

available to interested motor vehicle owners;

(2) Collect completed consent forms;

(3) Provide enrolled motor vehicle owners with the decal(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 programs; 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 under the program.

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 the Office and notifying

participating owners 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

e 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 permissive user 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.

) 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 print used in the notice provision of

the rental or lease agreement must be larger than the regular 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 or device from the vehicle. 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 decal from the

vehicle and is encouraged to notify the participating agency in writing

of the transfer of ownership of the vehicle.

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

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 decal from the

vehicle and is encouraged to notify the participating agency in writing

of the transfer of ownership of the vehicle.

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, there is a separate consent

form and decal or device.

(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 am and 5 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 prudent law enforcement officer reasonably to

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

of the owner, even if the law enforcement officials have 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 or is about to cross 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 within one mile of a United States land border. Participating

States or localities may implement his 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

this section, the phrase

``about to cross a United States land border'' means the vehicle is

operated within one mile of a United States land border. Participating

States or localities may implement his 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 of the vehicle within a mile of a United States land border

or into a port provides sufficient grounds for a prudent law

enforcement officer reasonably 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: October 17, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95-26248 Filed 10-23-95; 8:45 am]

BILLING CODE 4410-01-M