[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Rules and Regulations]
[Pages 40723-40727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19778]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 29
[OJP No. 1081]
RIN 1121-AA38
Motor Vehicle Theft Prevention Act Program Regulations
AGENCY: Office of Justice Programs, Bureau of Justice Assistance.
Justice.
ACTION: Final rule.
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SUMMARY: The Bureau of Justice Assistance is publishing a Final Rule to
implement the Motor Vehicle Theft Prevention Act of 1994 (MVTPA) by
issuing regulations to establish a national voluntary motor vehicle
theft prevention program. A Proposed Rule for public comment was
published in the Federal Register on October 24, 1995. Under this
program, motor vehicle owners may sign a consent form and obtain a
program decal authorizing law enforcement officers to stop their motor
vehicle if it is being driven under certain specified conditions, and
take reasonable steps to determine whether the vehicle is being
operated with the owner's consent. There are two program conditions
proposed in this rule. Under the first condition, the owner may consent
to have the car stopped if it is operated between the hours of 1:00
a.m. and 5:00 a.m. Under the second condition, the owner may consent to
have the car stopped if it crosses, is about to cross, or about to be
transported across a United States land border, or if it enters a port.
States and localities may elect to participate in the program solely at
their option. The MVTPA grants the Attorney General authority to
establish additional conditions so long as consent from program
participants is obtained and a separate design for program decals is
provided.
EFFECTIVE DATE: September 5, 1996.
FOR FURTHER INFORMATION CONTACT: Greg Morris, Bureau of Justice
Assistance, Office of Justice Programs, Department of Justice, 633
Indiana Avenue, N.W., Room 1086D, Washington, D.C. 20531. (202) 616-
3458.
SUPPLEMENTARY INFORMATION: Section 220001 of the Violent Crime Control
and Law Enforcement Act of 1994, Pub. L. 103-322, 108 Stat. 2074,
codified at 42 U.S.C. 14171, contains the Motor Vehicle Theft
Prevention Act (MVTPA). The MVTPA requires the Attorney General to
establish a national voluntary motor vehicle theft prevention program.
The Attorney General has delegated the authority to establish such a
program to the Assistant Attorney General for the Office of Justice
Programs. The Assistant Attorney General for the Office of Justice
Programs has delegated the authority and responsibility for the
management and administration of the program to the Director of the
Bureau of Justice Assistance.
Under this program, automobile owners may voluntarily sign a
consent form and obtain a program decal that authorizes law enforcement
officers to stop the motor vehicle if it is being operated under
certain specified conditions and take reasonable steps to determine
whether the vehicle is being operated with the owner's consent.
Participation in this program is completely voluntary on the part of
the vehicle owner and State and local governments.
A Proposed Rule with request for comments was published in the
Federal Register on October 24, 1995. 60 FR 54459. The following is a
summary of the comments received before the comment period closed on
December 26, 1995.
The California Department of the Highway Patrol raised the
following concerns: (1) Whether an officer has probable cause to stop a
vehicle displaying a decal; (2) the ease with which a thief can remove
a decal; (3) the necessity for extensive public awareness campaigns;
and (4) the transferability or renewal of a decal from one vehicle to
another.
The Department of Justice takes the position that under section
Sec. 29.8 of the rule, Motor vehicle owner participation, the owner of
the vehicle has already granted permission to law enforcement officials
to stop the vehicle if it is being operated under the specified
conditions. It is also the owner's responsibility to advise any other
user of the vehicle that they are subject to being stopped by law
enforcement officials under specified conditions.
BJA intends to use a tamper-resistant, unobtrusive front window
decal to be applied on the inside of the glass directly above the
inside rear-view mirror. In the event that state or local regulations
preclude placing a decal there, it may be placed on the lower right
side. For the rear window, a tamper-resistant decal shall be placed on
the exterior side of the glass along the lower left side. The decision
to place the rear window decal on the outside face of the glass is due
to the wide spread use of tinted glass, and to minimize the adverse
effects from use of rear window defogger units.
BJA intends to use state-of-the-art, retroreflective sheeting paper
in the manufacture of its decals which will result in the decal being
luminescent and easily discernible at night when either direct or
indirect light is cast upon it. This feature would have been
compromised had the decal been placed on the interior side of tinted
glass.
Secondly, the heat generated by a rear window defogger sometimes
results in the loosening of stickers applied on the interior face of
the glass. The removal of such stickers by scraping with a sharp object
can result in damage to the defogger heating filaments embedded near
the interior face of the glass.
For those vehicles that are convertibles or have removable tops,
the rear window decal can be applied to the left side of the rear
bumper.
The main purposes of the MVTPA Program is to create additional,
time-consuming impediments for thieves, and to create a mechanism for
law enforcement to proactively investigate auto theft before a stolen
vehicle report is filed with the authorities.
The MVTPA Program compels a thief to remove a tamper-resistant
bumper sticker while they are alongside the
[[Page 40724]]
vehicle, acting suspiciously and drawing attention to themself. The
thief must then gain access to the vehicle and arouse even greater
suspicion by scraping from the interior of the windshield, a second,
tamper-resistant, decal(s). These additional impediments, in addition
to other theft prevention devices such as an steering wheel locks,
increase the number of hurdles a thief must overcome and raise the
deterrence threshold.
A significant number of auto thefts are committed during the early
morning hours when the owners are asleep and unaware that their
vehicles have been stolen. In many instances, a stolen car can be
driven to a chop shop or driven across state lines before the owner
awakens to discover the theft. The MVTPA Program allows police to
proactively investigate auto theft before a stolen vehicle report is
made by stopping those vehicles which are not normally driven during
the early morning hours, or operated near to an international land
border or port.
Additionally, some states maintain an additional computerized data
base of vehicles enrolled in MVTPA-type programs which are instantly
accessible to law enforcement at all times. Thus, if a thief has
removed the vehicle's decals and while driving, arouses the suspicion
of a police officer on patrol, that officer can access a computerized
data base to not only check whether the vehicle has been reported as
stolen, but also verify that the owner of the vehicle has enrolled the
car in the MVTPA Program and that decals should be affixed to the
vehicle. The absence of decals would heighten the officer's suspicion
that the vehicle had been stolen.
As the MVTPA Program eventually expands into a nationwide program,
BJA will begin a national public awareness campaign to both inform the
public and publicize the Program. However, since the MVTPA will
originate in a few selected states, BJA will focus its initial public
awareness efforts on corroborative efforts with the respective state
automobile theft prevention authorities to publicize their program
statewide.
Section 29.10 and 29.11 respectively address the issues of owners
withdrawing from the program, and the sale or transfer of the enrolled
vehicle. In both instances the owner is required to completely remove
the program decals, change the license plate if necessary, and is
encouraged to notify the participating agency in writing.
The Illinois Motor Vehicle Theft Prevention Council questioned
whether a registration fee would be required and who would be
responsible for its payment. The Bureau of Justice Assistance will
defer to the participating states and localities on the question of
fees charged to owners for registration and materials such as decals,
stickers, emblems and license plates.
The Council also expressed concern over the size and design of the
emblems, decals, stickers and devices. Section 29.3 of the Final Rule
has been amended to task the Bureau of Justice Assistance with the
responsibility of creating a standard, universally recognizable MVTPA
reflective emblem, icon, stickers and or decal. The size and design of
the front windshield decal will make them readily identifiable to a
person standing a short distance away. The rear window decal or sticker
will be readily identifiable to a person traveling in a vehicle at a
safe distance behind.
The Council and other respondents raised concern regarding the
maintenance of a computerized registry of participants. BJA fully
supports the use of computerized state registries and has further
amended the rule to provide states the flexibility of adopting the
design of the icon or emblem into the manufacture of optional,
vehicular license plates which would have to specifically requested by
vehicle registrants. BJA believes that specialized license plates would
be preferable to emblems or decals in the long-term. States can
facilitate public awareness campaigns through the distribution of
customized license plates and track their transferability.
Additionally, the Council noted that the design of the consent
forms should be specified, and questioned whether unreasonable
requirements may be placed on vehicle owners. Section 29.3 has been
amended to require BJA to produce a model consent and registration
form. The requirements will be clearly specified on such forms and
section 29.13 prohibits the addition of new conditions without the
owner's consent.
Finally, the Council expressed some concern that a national
registration program would draw state registrants from Illinois' Beat
Auto Theft (BAT) Program, creating duplication and necessitating
retraining of public employees already familiar with BAT. However, the
Council conceded that the advantages of a uniform, nation-wide program
outweigh the temporary disadvantages of duplication and retraining
while states with their own programs make the transition to the
national program.
The National Automobile Dealers Association (NADA) wrote to request
that new and used auto dealerships be included in the program. Whereas
BJA supports dealership decal registration programs in which states
supply dealerships with an inventory of decals to be attached to
vehicles on an as needed basis, BJA wishes to avoid micro management of
states' programs. BJA has not included such dealership programs as a
provision of the final regulation, but has revised the definition of
the term ``owner'' in Sec. 29.2 to include them. States and/or
localities may elect to participate in the program by requesting
program enrollment materials from BJA and by following the program
requirements set forth in guidelines. BJA further notes that the
previously cited option of utilizing license plate registration would
not only better facilitate state record keeping, it would also enable
automobile dealers to use special dealer license plates instead of
constantly applying and removing decals.
NADA also suggested that Department of Justice abandon the current
proposed time frame (1:00 a.m. to 5:00 a.m.) in favor of a time frame
more conducive to the operation of automobile dealerships, such as
10:00 p.m. to 7:00 a.m. This recommendation has been rejected on the
grounds that it would place an inordinate burden on participating
motorists by exposing them to traffic stops between the hours of 10:00
p.m. and 1:00 a.m., and would place an extraordinary burden on
commuters who must leave home before 7:00 a.m to reach the workplace.
In response to NADA's suggestion that states adopt criminal penalties
for illegally tampering or removing decals, BJA notes that the MVPTA
already imposes Federal sanctions for those who with the intent to
steal, remove, deface, or obstruct a MVPTA decal, emblem or sticker.
The Act also imposes a criminal fine for the unauthorized application
of a theft prevention decal or device.
The MVTPA requires, as a condition of participation, that each
State or locality agrees to take reasonable steps to ensure that law
enforcement officials throughout its jurisdiction are familiar with the
program, and with the conditions under which motor vehicles may be
stopped. Participating states and/or localities are free to choose one
or more of the program conditions established under this rule, and,
therefore, need not authorize their law enforcement officers to stop
motor vehicles under all the conditions specified hereunder in order to
participate.
Participation in this program on the part of states and/or
localities is completely voluntary, and participating jurisdictions may
withdraw from the
[[Page 40725]]
program at any time by sending written notification to BJA.
The adoption of a universally recognizable MVTPA emblem or icon was
prompted by comments received expressing concern over the lack of
uniformity as various states devise their own emblems and decals; the
transferability of decals from one vehicle to another; the ability of
states to track participation in the program by integrating it with
automobile registration systems; the need for public awareness
campaigns; removal of decals by thieves; and a desire to implement a
uniform national program to encourage participation by current
nonparticipating states and localities.
This program is a Federal program that operates separately from any
existing State and local motor vehicle theft prevention program. It is
not intended to preempt existing State or local laws or programs.
Likewise, this program is not intended to preclude states or localities
from setting up their own programs with different or additional
conditions. Participating owners also should be notified of the State
or locality's decision to terminate the program.
Sections 29.8 through 29.12 of the rule explain how an owner in a
participating jurisdiction may enroll his or her automobile in the
program and the responsibilities that accompany participation. In order
to enroll, the owner of the vehicle must sign a program consent form
and register his or her vehicle with a participating State or locality.
By signing the consent form, the owner states that his or her vehicle
is normally not operated under certain specified conditions and
consents to have the automobile stopped if participating law
enforcement officials see the car operated under these conditions.
Additionally, in those instances where states do not issue special
license plates, the owner agrees to display the program decal on his or
her vehicle. For each of the conditions, the owner must give consent
and affix a separate decal.
Section 29.9 requires any person who is in the business of renting
or leasing motor vehicles that bear a program decal to notify the
person to whom the motor vehicle is rented or leased of the program
prior to transferring possession of the vehicle. Failure to provide
such notice to a renter or lessee may result in the assessment of a
civil penalty of an amount not to exceed $5,000. The Assistant Attorney
General of the Civil Division, or his or her designee, shall have the
responsibility to enforce the civil penalties hereunder.
Initially, the program will have two sets of conditions. Under the
first condition, the owner may consent to have the car stopped if it is
operated between the hours of 1:00 a.m. and 5:00 a.m. Under the second
condition, the owner may consent to have the car stopped if it crosses,
is about to cross, or is about to be transported across a United States
land border, or if it enters a port. The rule establishes a one-mile
limit within which states or localities may enforce the border
provision. The one-mile limit is intended to give participating
jurisdictions flexibility to implement the program in a manner most
suitable to local conditions. However, jurisdictions are strongly
encouraged to establish the boundary close to the border for
enforcement purposes without disrupting traffic.
The early morning and border crossing conditions have been used
successfully in existing State and local programs. The port provision
is not, to BJA's knowledge, currently employed in any jurisdiction but
has been included in these proposed regulations because many states,
police departments, prosecutors, and industry representatives have
expressed an interest in methods to reduce stolen vehicles transported
through ports.
The MVTPA authorizes the Attorney General to add conditions to the
program only with the consent of the vehicle owner. Accordingly, after
the program has begun, new conditions under which a vehicle may be
stopped may be added to an existing program only if the owner consents
to the new condition or conditions.
At this time, based on consultations with State and local law
enforcement organizations, prosecutors, and private industry
representatives, the Department of Justice intends to implement the
MVTPA with the two basic program conditions outlined above, limited to
operation of a vehicle between 1:00 a.m. and 5:00 a.m., and operation
or transport of a vehicle across a United States land border or into a
United States port.
In accordance with 5 U.S.C. 605(b), the Director of the Bureau of
Justice Assistance certifies that this rule does not have a significant
adverse economic impact on a substantial number of small entities. This
rule is not a significant regulatory action under Executive Order No.
12866, and therefore, this rule has not been reviewed by the Office of
Management and Budget. This rule has no federalism implications
warranting the preparation of a Federalism Assessment in accordance
with Executive Order No. 12612.
Regulatory Flexibility Act
The Director of the Bureau of Justice Assistance, in accordance
with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed
this rule and, by approving it, certifies that the rule will not have a
significant economic impact on a substantial number of small entities
because of the following factors. Motor vehicle owners, State, and
localities may elect to participate in this program solely at their
option. This rule sets forth conditions under which such parties may
participate but does not impose any fees. The Bureau of Justice
Assistance defers to the participating States and localities on the
question of whether fees will be charged to owners for registration and
materials such as decals, stickers, emblems, and license plates.
List of Subjects in 28 CFR Part 29
Administrative practice and procedure, Authority delegations,
Crime, Highways and roads, International boundaries, Law enforcement,
Motor vehicles, Organization and functions (Government agencies),
Searches.
Accordingly, under the authority delegated by the Attorney General
to the Bureau of Justice Assistance, title 28 of the Code of Federal
Regulations is amended by adding part 29 to read as follows:
PART 29--MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS
Sec.
29.1 Purpose.
29.2 Definitions.
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.
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
[[Page 40726]]
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.
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 to notify the
participating agency in writing of the transfer of ownership of the
vehicle.
[[Page 40727]]
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.
Dated: July 30, 1996.
Nancy E. Gist,
Director, Bureau of Justice Assistance.
[FR Doc. 96-19778 Filed 8-5-96; 8:45 am]
BILLING CODE 4410-18-P