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49 U.S.C. § 33110Verifications involving junk and salvage motor vehicles

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 314 words · no verdicts yet

in plain englishAI-generated · not legal advice

Insurers who take a wrecked or salvage vehicle must check if it's reported stolen before selling it. They must give the buyer written verification of the vehicle's identification number and theft status. If they can't confirm the status in time, they must say so in writing instead.

(a) Definition — "Vehicle identification number" means the unique number a manufacturer assigns to a vehicle under applicable regulations, or a derivative of it. (b) General Requirements — (1) If an insurer selling comprehensive coverage takes possession of and then transfers a junk or salvage vehicle, it must (A) verify, under Attorney-General procedures set under section 33109, whether the vehicle is reported stolen, and (B) give the buyer written verification of the vehicle identification number, and confirmation either that the vehicle isn't reported stolen, or — if it was — that the insurer recovered it and holds proper legal title. (2)(A) This doesn't stop an insurer from transferring a vehicle if, despite reasonable effort within a reasonable business timeframe, it (i) hasn't been told the vehicle isn't stolen, or (ii) otherwise couldn't establish its theft status. (B) In that case, the insurer must give the buyer written certification that it couldn't establish whether the vehicle was reported stolen. (c) Regulations — Consulting with the Secretary of Transportation, the Attorney General must set regulations ensuring insurers' verifications under (b)(1)(B) are uniform, effective, and resistant to fraud.
the actual law source: uscode.house.gov ↗public domain
(a)Definition.—

In this section, “vehicle identification number” means a unique identification number (or derivative of that number) assigned to a passenger motor vehicle by a manufacturer in compliance with applicable regulations.

(b)General Requirements.—
(1)

If an insurance carrier selling comprehensive motor vehicle insurance coverage obtains possession of and transfers a junk motor vehicle or a salvage motor vehicle, the carrier shall—

(A)

under procedures the Attorney General prescribes by regulation under section 33109 of this title in consultation with the Secretary of Transportation, verify whether the vehicle is reported as stolen; and

(B)

provide the purchaser or transferee of the vehicle from the insurance carrier verification identifying the vehicle identification number and verifying that the vehicle has not been reported as stolen or, if reported as stolen, that the carrier has recovered the vehicle and has proper legal title to the vehicle.

(2)
(A)

This subsection does not prohibit an insurance carrier from transferring a motor vehicle if, within a reasonable period of time during normal business operations (as decided by the Attorney General under section 33109 of this title) using reasonable efforts, the carrier—

(i)

has not been informed under the procedures prescribed in section 33109 of this title that the vehicle has not been reported as stolen; or

(ii)

has not otherwise established whether the vehicle has been reported as stolen.

(B)

When a carrier transfers a motor vehicle for which the carrier has not established whether the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen.

(c)Regulations.—

In consultation with the Secretary, the Attorney General shall prescribe regulations necessary to ensure that verification performed and provided by an insurance carrier under subsection (b)(1)(B) of this section is uniform, effective, and resistant to fraudulent use.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1086.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1086

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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