34 U.S.C. § 12611 — Motor vehicle theft prevention program
submitted 32 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 954 words · no verdicts yet
The Attorney General must create a voluntary program letting car owners consent to extra police stops. Owners who sign up get a decal, and police can stop the car under listed conditions. The law also sets rules for consent forms, decal design, rental-car notice, and funding.
(a) The program. Within 180 days of September 13, 1994, the Attorney General must work with the states to build a voluntary program. A car owner can sign a consent form with a participating state or locality. On that form, the owner says the car isn't normally driven under certain conditions (like specific hours), and agrees to display program decals and let any state's police stop the car — and check whether the person driving has the owner's permission — if it's being driven under those conditions. Participating states and localities must let their police make those stops and checks.
(b) Decal or device design. The program needs a uniform decal or device design. The design must be highly visible, and must clearly say the car can be stopped under the listed conditions without any other grounds for suspicion.
(c) The consent form. The form must: (1) clearly say joining is voluntary; (2) clearly explain that if the car is driven under the listed conditions, police can stop it and check for the owner's consent, even without any other reason to suspect wrongdoing; (3) state plainly that the car isn't normally driven under those conditions, and that driving it then gives police good reason to suspect it isn't being driven with the owner's permission; and (4) include anything else the Attorney General reasonably requires.
(d) The specified conditions.
(1) The Attorney General must make rules setting the conditions under which participating cars can be stopped. These conditions can't be based on race, creed, color, national origin, gender, or age. They can include certain hours of the day, or other circumstances that would give a reasonable basis to suspect the car isn't being driven by, or with permission of, the owner.
(2) The Attorney General can set more than one set of conditions. Each set needs its own consent form and decal design — though a different decal color can satisfy the design requirement.
(3) Once the program has started, the stopping conditions tied to a particular decal can't be expanded without the owner's consent.
(4) A state or locality doesn't have to allow stops under every set of conditions to take part in the program.
(e) Rental and leased cars.
(1) A business that rents or leases a car with a program decal on it must tell the renter or lessee about the program before handing over the car.
(2) That notice must be in writing, in a prominent format the Attorney General sets, and must explain that the car may be stopped under the listed conditions even without other grounds for suspicion.
(3) A business that fails to give proper notice can be fined up to $5,000.
(f) Telling police. To take part, a state or locality must agree to make sure its police officers know about the program and its stopping conditions.
(g) Regulations. The Attorney General must write regulations to carry out this section.
(h) Money authorized. Congress authorized: (1) $1,500,000 for fiscal year 1996; (2) $1,700,000 for fiscal year 1997; and (3) $1,800,000 for fiscal year 1998.
Not later than 180 days after September 13, 1994, the Attorney General shall develop, in cooperation with the States, a national voluntary motor vehicle theft prevention program (in this section referred to as the “program”) under which—
the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner—
states that the vehicle is not normally operated under certain specified conditions; and
agrees to—
display program decals or devices on the owner’s vehicle; and
permit law enforcement officials in any State to stop the motor vehicle and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner, if the vehicle is being operated under the specified conditions; and
participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under specified conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner.
The motor vehicle theft prevention program developed pursuant to this section shall include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program.
The uniform design shall—
be highly visible; and
explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully.
The voluntary consent form used to enroll in the program shall—
clearly state that participation in the program is voluntary;
clearly explain that participation in the program means that, if the participating vehicle is being operated under the specified conditions, law enforcement officials may stop the vehicle and take reasonable steps to determine whether it is 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;
include an express statement that the vehicle is not normally operated under the specified conditions and that the operation of the vehicle under those conditions would provide sufficient grounds for a prudent law enforcement officer to reasonably believe that the vehicle was not being operated by or with the consent of the owner; and
include any additional information that the Attorney General may reasonably require.
The Attorney General shall promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this section. These conditions may not be based on race, creed, color, national origin, gender, or age. These conditions may include—
the operation of the vehicle during certain hours of the day; or
the operation of the vehicle under other circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by the owner, or with the consent of the owner.
The Attorney General may establish more than one set of conditions under which participating motor vehicles may be stopped. If more than one set of conditions is established, a separate consent form and a separate design for program decals or devices shall be established for each set of conditions. The Attorney General may choose to satisfy the requirement of a separate design for program decals or devices under this paragraph by the use of a design color that is clearly distinguishable from other design colors.
After the program has begun, the conditions under which a vehicle may be stopped if affixed with a certain decal or device design may not be expanded without the consent of the owner.
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.
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, prior to transferring possession of the vehicle, notify the person to whom the motor vehicle is rented or leased about the program.
The notice required by this subsection shall—
be in writing;
be in a prominent format to be determined by the Attorney General; and
explain the possibility that if the motor vehicle is operated under the specified conditions, the vehicle may be stopped by law enforcement officials even if the officials have no other basis for believing that the vehicle is being operated unlawfully.
Failure to provide proper notice under this subsection shall be punishable by a fine not to exceed $5,000.
As a condition of participating in the program, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program, and with the conditions under which motor vehicles may be stopped under the program.
The Attorney General shall promulgate regulations to implement this section.
There are authorized to carry out this section.1
$1,500,000 for fiscal year 1996;
$1,700,000 for fiscal year 1997; and
$1,800,000 for fiscal year 1998.
Source credit: (Pub. L. 103–322, title XXII, § 220002, Sept. 13, 1994, 108 Stat. 2074.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 2074
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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