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18 U.S.C. § 512Forfeiture of certain motor vehicles and motor vehicle parts

submitted 42 years ago by Pub. L. 98-547 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 351 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a vehicle's identification number is removed or altered, it can be seized and forfeited to the government. There are exceptions, like an innocent owner or a lawful replacement number. Customs forfeiture procedures apply, run by people the Attorney General picks.

(a) If an identification number for a motor vehicle or a motor vehicle part has been removed, made unreadable ("obliterated"), tampered with, or altered, the vehicle or part is subject to seizure and forfeiture to the United States — unless one of four exceptions applies: (1) For a motor vehicle part: the part is attached to a vehicle, and that vehicle's owner doesn't know the identification number was removed, obliterated, tampered with, or altered. (2) The vehicle or part has a replacement identification number that either the Secretary of Transportation authorized under chapter 301 of title 49, or that conforms to the applicable state law. (3) The removal, obliteration, tampering, or alteration was caused by a collision or fire, or was carried out the way section 511(b) of this title describes. (4) The vehicle or part is in the possession or control of a motor vehicle scrap processor who doesn't know the identification number was removed, obliterated, tampered with, or altered in any way other than by collision, fire, or as section 511(b) describes. (b) All the usual laws about seizing and condemning vessels, vehicles, merchandise, and baggage for customs violations — including the procedures for summary and judicial forfeiture — apply to seizures and forfeitures under this section, as long as those laws don't conflict with this section. The same goes for the laws on: (1) disposing of the seized property or its sale proceeds; (2) remitting or reducing (mitigating) a forfeiture; and (3) compromising claims and paying informers. Whatever duties a customs collector would normally perform in these situations are instead performed under this section by people the Attorney General designates. (c) The terms "identification number," "motor vehicle," and "motor vehicle scrap processor" carry the same meanings given to them in section 511 of this title.
the actual law source: uscode.house.gov ↗public domain
(a)

If an identification number for a motor vehicle or motor vehicle part is removed, obliterated, tampered with, or altered, such vehicle or part shall be subject to seizure and forfeiture to the United States unless—

(1)

in the case of a motor vehicle part, such part is attached to a motor vehicle and the owner of such motor vehicle does not know that the identification number has been removed, obliterated, tampered with, or altered;

(2)

such motor vehicle or part has a replacement identification number that—

(A)

is authorized by the Secretary of Transportation under chapter 301 of title 49; or

(B)

conforms to applicable State law;

(3)

such removal, obliteration, tampering, or alteration is caused by collision or fire or is carried out as described in section 511(b) of this title; or

(4)

such motor vehicle or part is in the possession or control of a motor vehicle scrap processor who does not know that such identification number was removed, obliterated, tampered with, or altered in any manner other than by collision or fire or as described in section 511(b) of this title.

(b)

All provisions of law relating to—

(1)

the seizure and condemnation of vessels, vehicles, merchandise, and baggage for violation of customs laws, and procedures for summary and judicial forfeiture applicable to such violations;

(2)

the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such disposition;

(3)

the remission or mitigation of such forfeiture; and

(4)

the compromise of claims and the award of compensation to informers with respect to such forfeiture;

shall apply to seizures and forfeitures under this section, to the extent that such provisions are not inconsistent with this section. The duties of the collector of customs or any other person with respect to seizure and forfeiture under such provisions shall be performed under this section by such persons as may be designated by the Attorney General.

(c)

As used in this section, the terms “identification number”, “motor vehicle”, and “motor vehicle scrap processor” have the meanings given those terms in section 511 of this title.

Source credit: (Added Pub. L. 98–547, title II, § 201(a), Oct. 25, 1984, 98 Stat. 2769; amended Pub. L. 103–272, § 5(e)(4), July 5, 1994, 108 Stat. 1373.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-547 · 98 Stat. 2769
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1373

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-547 on 1984-10-25.

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