[Title 28 CFR 29]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 29 - MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseMOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS29PART 29JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 29--MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS--Table of Contents




Sec.
29.1  Purpose.
29.2  Definitions.

[[Page 439]]

29.3  Administration by the Bureau of Justice Assistance.
29.4  Election to participate by states and localities.
29.5  Notification of law enforcement officials.
29.6  Limited participation by states and localities permitted.
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.

    Source: 61 FR 40725, Aug. 6, 1996, unless otherwise noted.



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) Indicates that the identified vehicle is not normally operated 
under certain specified conditions and
    (2) Agrees to display a program decal or license plate on the 
vehicle and to permit law enforcement officials in any jurisdiction to 
stop the motor vehicle if it is being operated under 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. In the instance 
of a new vehicle awaiting sale or lease or in the instance of a used 
vehicle where the title has been assigned to a dealership, the term 
``owner'' shall be construed to mean new and used automobile 
dealerships.
    (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 Bureau of Justice Assistance.

    The Director of the Bureau of Justice Assistance shall administer 
this Program and shall issue guidelines governing the operational 
aspects of it, including the design and production of a standardized, 
universally recognizable MVTPA reflective decal, as well as model 
consent and registration forms.



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 BJA and request program enrollment materials. 
Registration forms will be available upon request. 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), and 
license plate(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 program; and
    (5) Comply with any other regulation(s) or guideline(s) governing 
participation in this program.

[[Page 440]]



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.



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 BJA and by notifying 
participating owners individually by mail 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
    (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 borrower 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.
    (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 notice provision in the rental or lease 
agreement must utilize a larger font than the standard 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 and changing the license plate if necessary. 
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 decals, change the 
license plate(s) if necessary, and is encouraged

[[Page 441]]

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, the owner(s) must grant consent and 
affix a separate decal, device, or license plate.
    (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 1:00 AM and 5:00 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 law enforcement officer to reasonably believe 
that the vehicle is not being operated by or with the consent of the 
owner, even if the law enforcement official has 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, is about to cross or is about to be transported across 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 or transported within one mile of 
a United States land border. Participating States or localities may 
implement this 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 or transport of the 
vehicle within a mile of a United States land border or into a port 
provides sufficient grounds for a law enforcement officer 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.