[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Proposed Rules]
[Pages 54459-54462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26248]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR Part 29

[AG Order No. 1993-95]
RIN 1105-AA34


Motor Vehicle Theft Prevention Act Program Regulations

AGENCY: Department of Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Justice is publishing a 
proposed rule to implement the Motor Vehicle Theft Prevention Act of 
1994, 42 U.S.C. 14171, by issuing regulations to establish a national 
voluntary motor vehicle theft prevention program. Under this program, 
motor vehicle owners may sign a consent form 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 

[[Page 54460]]
operated between the hours of 1 AM and 5 AM. Under the second 
condition, the owner may consent to have the car stopped if it crosses 
or is about to cross 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.

DATES: Comments must be submitted on or before December 26, 1995.

ADDRESSES: All comments concerning this proposed rule should be mailed 
to Mike Dalich, Office of Justice Programs, Department of Justice, 633 
Indiana Avenue, N.W., Room 1300, Washington, D.C. 20531.

FOR FURTHER INFORMATION CONTACT:
Mike Dalich, (202) 307-0360; Samuel J. Dubbin, (202) 514-3116; or 
Geovette Washington, (202) 514-3712.

SUPPLEMENTARY INFORMATION: Section 220001 of the Violent Crime Control 
and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108 Stat. 2074 
(codified at 42 U.S.C. 14171), contains the Motor Vehicle Theft 
Prevention Act (the ``Act''). The Act requires the Attorney General to 
establish a national voluntary motor vehicle theft prevention program. 
Under this program, automobile owners may voluntarily sign a consent 
form 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. While the statute authorizes the appropriation of funds to 
implement this program, funds have not yet been appropriated. The 
Department of Justice's 1996 budget proposal includes a request for 
$1,485,000 to implement this program.
    This proposed rule is intended to establish a national program and 
set the conditions under which motor vehicle stops may be authorized 
under the national program. The rule provides that the Assistant 
Attorney General for the Office of Justice Programs, or his or her 
designee, will be responsible for the management and administration of 
the program and the issuance of guidelines governing the program's 
implementation.
    States and localities may elect to participate in the program by 
requesting program enrollment materials from the Office and following 
program requirements set forth in guidelines issued by the Office. 
States and localities electing to participate will agree to (1) provide 
interested motor vehicle owners with the consent forms and decals 
issued under the program and (2) collect the forms and provide the 
necessary documents to the Office. In turn, participating units of 
government will authorize law enforcement officials to stop motor 
vehicles displaying program decals or devices under the specified 
conditions and take reasonable steps to determine whether the vehicle 
is being operated by or with the permission of the owner. The statute 
requires, as a condition of participation, each State or locality to 
agree 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 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 localities 
is completely voluntary, and participating jurisdictions may withdraw 
from the program at any time by sending written notification to the 
Office. Participating owners also should be notified of the State or 
locality's decision to terminate the program.
    This program is a federal program that operates separately from any 
existing State and local motor vehicle theft prevention programs; 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.
    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 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 agencies see the 
car operated under these conditions. Additionally, the owner agrees to 
display the program decal on his or her vehicle. For each of the 
conditions, there is a separate consent form and a separate decal.
    Section 29.9 requires 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 is affixed to notify the person to whom the motor 
vehicle is rented or leased about 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, 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 a.m. and 5 a.m. Under the second 
condition, the owner may consent to have the car stopped if it crosses 
or is about to cross 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 the flexibility to 
implement the program in a manner most suitable to local conditions. 
However, jurisdictions are strongly encouraged to establish the 
boundary as close to the border as is necessary for enforcement 
purposes without unduly disrupting border community traffic.
    The early morning and border crossing conditions have been used 
successfully in existing State and local programs. The port provision 
is not, to our knowledge, currently employed in any jurisdiction, but 
it has been included in these proposed regulations because many States, 
police departments, prosecutors, and industry representatives have 
expressed an interest in methods to reduce vehicle theft through ports.
    The Act authorizes the Attorney General to add conditions to the 
program only with the consent of the owner. Accordingly, 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.
    At this time based on our consultation with State and local law 
enforcement organizations, prosecutors, and private industry, the 
Department of Justice intends to implement this Act with the two basic 
program conditions outlined above, limited to operation of a vehicle 
between 1 a.m. and 5 a.m., and operation of a vehicle across a United 
States land border or into a United States port. The Department is 
interested, however, in obtaining comments from interested persons 
concerning other program conditions it 

[[Page 54461]]
might adopt under the Act through promulgation of future regulations. 
For example, there are communities which have employed a decal for 
vehicles which should not be operated between the hours of 10 a.m. and 
4 p.m. because the owners commute via mass transit and leave the 
vehicle in a commuter lot. Please use this proposed rulemaking as an 
opportunity to supply the Department with comments on the desirability 
of a commuter decal program, or about other ideas which would help 
States and localities prevent motor vehicle theft.
    In accordance with 5 U.S.C. 605(b), the Attorney General 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.

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, title 28 of the Code of Federal Regulations is 
proposed to be amended by adding part 29 to read as follows:

PART 29--MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS

Sec.
29.1  Purpose.
29.2  Definitons.
29.3  Administration by the Office of Justice Programs.
29.4  Election to participate by States and localities.
29.5  Notification of law enforcement officials.
29.6  Limited participation by States and localities.
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 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) States that the identified vehicle is not normally operated 
under certain specified conditions and
    (2) Agrees to display a program decal or device on the vehicle and 
to permit law enforcement officials in any jurisdiction to stop the 
motor vehicle if it 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.
    (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.
    (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 Office of Justice Programs.

    (a) The Assistant Attorney General for the Office of Justice 
Programs, or his or her designee (the ``Office''), will administer the 
program.
    (b) The Office shall issue guidelines governing the operational 
aspects of the program. Such guidelines shall include the fees that may 
be charged to States or localities, or to owners, for the materials 
such as decals or devices necessary to participate in the program.


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 Office and request program enrollment 
materials. Registration forms are available upon request from the 
Office. 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) 
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 programs; 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 under the program.


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 the Office and notifying 
participating owners 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 

[[Page 54462]]
the vehicle is being operated by or with the permission of the owner;
    (3) Expressly advise any permissive user 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 print used in the notice provision of 
the rental or lease agreement must be larger than the regular 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 or device from the vehicle. 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 decal from the 
vehicle and is encouraged 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, there is a separate consent 
form and decal or device.
    (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 am and 5 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 prudent law enforcement officer reasonably to 
believe that the vehicle is not 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.
    (b) Border crossing or port entry. A motor vehicle owner may 
authorize law enforcement officers to stop the enrolled vehicle if it 
crosses or is about to cross 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 within one mile of a United States land border. Participating 
States or localities may implement his 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 of the vehicle within a mile of a United States land border 
or into a port provides sufficient grounds for a prudent law 
enforcement officer reasonably 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: October 17, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-26248 Filed 10-23-95; 8:45 am]
BILLING CODE 4410-01-M