Federal · Title 34 — Crime Control and Law Enforcement

34 U.S.C. § 12611: Motor vehicle theft prevention program

Civil

What this law says, in plain English

Establishes a voluntary motor vehicle theft prevention program allowing law enforcement to stop vehicles displaying program decals under specified conditions to verify owner authorization.

Read the full statutory text
states that the vehicle is not normally operated under certain specified conditions; and 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. 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. 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 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. 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. $1,500,000 for fiscal year 1996; $1,700,000 for fiscal year 1997; and $1,800,000 for fiscal year 1998.

Verify at the official source: Federal legislative text

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