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MOTOR VEHICLE COST INFORMATION ACT, ALO KNOWN AS THE FEDERAL ODOMETER LAW
A FEDERAL LAW THAT PERTAINS TO VEHICLE ODOMETERS
49 USC Sec. 32702 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32702. Definitions
-STATUTE-
In this chapter -
(1) "auction company" means a person taking possession of a
motor vehicle owned by another to sell at an auction.
(2) "dealer" means a person that sold at least 5 motor vehicles
during the prior 12 months to buyers that in good faith bought
the vehicles other than for resale.
(3) "distributor" means a person that sold at least 5 motor
vehicles during the prior 12 months for resale.
(4) "leased motor vehicle" means a motor vehicle leased to a
person for at least 4 months by a lessor that leased at least 5
vehicles during the prior 12 months.
(5) "odometer" means an instrument for measuring and recording
the distance a motor vehicle is driven, but does not include an
auxiliary instrument designed to be reset by the operator of the
vehicle to record mileage of a trip.
(6) "repair" and "replace" mean to restore to a sound working
condition by replacing any part of an odometer or by correcting
any inoperative part of an odometer.
(7) "title" means the certificate of title or other document
issued by the State indicating ownership.
(8) "transfer" means to change ownership by sale, gift, or any
other means.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1048; Pub. L.
104-287, Sec. 5(61), Oct. 11, 1996, 110 Stat. 3394.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32702(1) 15:1982(8). Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Sec.
402(6)-(8); added Oct. 28,
1986, Pub. L. 99-579, Sec.
2(b), 100 Stat. 3310.
32702(2) 15:1982(1). Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Sec.
402(1), (2); added July 14,
1976, Pub. L. 94-364, Sec.
401(2), 90 Stat. 983.
32702(3) 15:1982(2).
32702(4) 15:1982(7).
32702(5) 15:1982(3). Oct. 20, 1972, Pub. L.
92-513, Sec. 402(3)-(5), 86
Stat. 961; July 14, 1976,
Pub. L. 94-364, Sec. 401(1),
90 Stat. 983.
32702(6) 15:1982(4).
32702(7) 15:1982(6).
32702(8) 15:1982(5).
--------------------------------------------------------------------
In clause (1), the words "(whether through consignment or
bailment or through any other arrangement)" and "such motor
vehicle" are omitted as surplus.
In clause (4), the words "a term of" are omitted as surplus.
In clause (5), the words "the distance a motor vehicle is driven"
are substituted for "the actual distance a motor vehicle travels
while in operation" for clarity and to eliminate unnecessary words.
PUB. L. 104-287
This amends 49:32702(8) and 32705 to clarify the restatement of
15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public
Law 103-272, 108 Stat. 1049).
AMENDMENTS
1996 - Par. (8). Pub. L. 104-287 inserted "any" after "or".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-287 effective July 5, 1994, see section
8(1) of Pub. L. 104-287, set out as a note under section 5303 of
this title.
CITE-
49 USC Sec. 32703 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32703. Preventing tampering
-STATUTE-
A person may not -
(1) advertise for sale, sell, use, install, or have installed,
a device that makes an odometer of a motor vehicle register a
mileage different from the mileage the vehicle was driven, as
registered by the odometer within the designed tolerance of the
manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or
altered, an odometer of a motor vehicle intending to change the
mileage registered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a
street, road, or highway if the person knows that the odometer of
the vehicle is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705
of this title.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1049; Pub. L.
103-429, Sec. 6(33), Oct. 31, 1994, 108 Stat. 4380.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32703(1) 15:1983. Oct. 20, 1972, Pub. L.
92-513, Sec. 403, 86 Stat.
962; July 14, 1976, Pub. L.
94-364, Sec. 402, 90 Stat.
983.
32703(2) 15:1984. Oct. 20, 1972, Pub. L.
92-513, Secs. 404, 405, 86
Stat. 962; restated July 14,
1976, Pub. L. 94-364, Secs.
403, 404, 90 Stat. 983.
32703(3) 15:1985.
32703(4) 15:1986. Oct. 20, 1972, Pub. L.
92-513, Sec. 406, 86 Stat.
962.
--------------------------------------------------------------------
In clause (1), the words "the mileage the vehicle was driven, as
registered by the odometer within the designed tolerance of the
manufacturer of the odometer" are substituted for "the true mileage
driven. For purposes of this section, the true mileage driven is
that mileage driven by the vehicle as registered by the odometer
within the manufacturer's designed tolerance" to eliminate
unnecessary words.
In clause (3), the words "public" and "road" are added for
consistency in this subtitle.
PUB. L. 103-429
This amends 49:32703(3) to correct an error in the codification
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-
272, 108 Stat. 1049).
AMENDMENTS
1994 - Par. (3). Pub. L. 103-429 struck out "public" before
"street".
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-429 effective July 5, 1994, see section
9 of Pub. L. 103-429, set out as a note under section 321 of this
title.
CITE-
49 USC Sec. 32704 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32704. Service, repair, and replacement
-STATUTE-
(a) Adjusting Mileage. - A person may service, repair, or replace
an odometer of a motor vehicle if the mileage registered by the
odometer remains the same as before the service, repair, or
replacement. If the mileage cannot remain the same -
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach
a written notice to the left door frame of the vehicle specifying
the mileage before the service, repair, or replacement and the
date of the service, repair, or replacement.
(b) Removing or Altering Notice. - A person may not, with intent
to defraud, remove or alter a notice attached to a motor vehicle as
required by this section.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1049.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32704 15:1987. Oct. 20, 1972, Pub. L.
92-513, Sec. 407, 86 Stat.
962; July 14, 1976, Pub. L.
94-364, Sec. 405, 90 Stat.
983.
--------------------------------------------------------------------
In subsection (b), the text of 15:1987(b)(1) is omitted as
surplus.
CITE-
49 USC Sec. 32705 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32705. Disclosure requirements on transfer of motor vehicles
-STATUTE-
(a)(1) Disclosure Requirements. - Under regulations prescribed by
the Secretary of Transportation that include the way in which
information is disclosed and retained under this section, a person
transferring ownership of a motor vehicle shall give the transferee
the following written disclosure:
(A) Disclosure of the cumulative mileage registered on the
odometer.
(B) Disclosure that the actual mileage is unknown, if the
transferor knows that the odometer reading is different from the
number of miles the vehicle has actually traveled.
(2) A person transferring ownership of a motor vehicle may not
violate a regulation prescribed under this section or give a false
statement to the transferee in making the disclosure required by
such a regulation.
(3) A person acquiring a motor vehicle for resale may not accept
a written disclosure under this section unless it is complete.
(4)(A) This subsection shall apply to all transfers of motor
vehicles (unless otherwise exempted by the Secretary by
regulation), except in the case of transfers of new motor vehicles
from a vehicle manufacturer jointly to a dealer and a person
engaged in the business of renting or leasing vehicles for a period
of 30 days or less.
(B) For purposes of subparagraph (A), the term "new motor
vehicle" means any motor vehicle driven with no more than the
limited use necessary in moving, transporting, or road testing such
vehicle prior to delivery from the vehicle manufacturer to a
dealer, but in no event shall the odometer reading of such vehicle
exceed 300 miles.
(5) The Secretary may exempt such classes or categories of
vehicles as the Secretary deems appropriate from these
requirements. Until such time as the Secretary amends or modifies
the regulations set forth in 49 CFR 580.6, such regulations shall
have full force and effect.
(b) Mileage Statement Requirement for Licensing. - (1) A motor
vehicle the ownership of which is transferred may not be licensed
for use in a State unless the transferee, in submitting an
application to a State for the title on which the license will be
issued, includes with the application the transferor's title and,
if that title contains the space referred to in paragraph
(3)(A)(iii) of this subsection, a statement, signed and dated by
the transferor, of the mileage disclosure required under subsection
(a) of this section. This paragraph does not apply to a transfer of
ownership of a motor vehicle that has not been licensed before the
transfer.
(2)(A) Under regulations prescribed by the Secretary, if the
title to a motor vehicle issued to a transferor by a State is in
the possession of a lienholder when the transferor transfers
ownership of the vehicle, the transferor may use a written power of
attorney (if allowed by State law) in making the mileage disclosure
required under subsection (a) of this section. Regulations
prescribed under this paragraph -
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a
secure printing process (or other secure process);
(iii) shall provide that the State issue the form to the
transferee;
(iv) shall provide that the person exercising the power of
attorney retain a copy and submit the original to the State with
a copy of the title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and
the copy of the title for an appropriate period or that the State
adopt alternative measures consistent with section 32701(b) of
this title, after considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be
disclosed on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the
person exercising the power of attorney in the space referred to
in paragraph (3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the
State in which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial
transactions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers
appropriate.
(B) Section 32709(a) and (b) applies to a person granting or
granted a power of attorney under this paragraph.
(3)(A) A motor vehicle the ownership of which is transferred may
not be licensed for use in a State unless the title issued by the
State to the transferee -
(i) is produced by means of a secure printing process (or other
secure process);
(ii) indicates the mileage disclosure required to be made under
subsection (a) of this section; and
(iii) contains a space for the transferee to disclose the
mileage at the time of a future transfer and to sign and date the
disclosure.
(B) Subparagraph (A) of this paragraph does not require a State
to verify, or preclude a State from verifying, the mileage
information contained in the title.
(c) Leased Motor Vehicles. - (1) For a leased motor vehicle, the
regulations prescribed under subsection (a) of this section shall
require written disclosure about mileage to be made by the lessee
to the lessor when the lessor transfers ownership of that vehicle.
(2) Under those regulations, the lessor shall provide written
notice to the lessee of -
(A) the lessee's mileage disclosure requirements under
paragraph (1) of this subsection; and
(B) the penalties for failure to comply with those
requirements.
(3) The lessor shall retain the disclosures made by a lessee
under paragraph (1) of this subsection for at least 4 years
following the date the lessor transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle
without obtaining possession of the vehicle, the lessor, in making
the disclosure required by subsection (a) of this section, may
indicate on the title the mileage disclosed by the lessee under
paragraph (1) of this subsection unless the lessor has reason to
believe that the disclosure by the lessee does not reflect the
actual mileage of the vehicle.
(d) State Alternate Vehicle Mileage Disclosure Requirements. -
The requirements of subsections (b) and (c)(1) of this section on
the disclosure of motor vehicle mileage when motor vehicles are
transferred or leased apply in a State unless the State has in
effect alternate motor vehicle mileage disclosure requirements
approved by the Secretary. The Secretary shall approve alternate
motor vehicle mileage disclosure requirements submitted by a State
unless the Secretary decides that the requirements are not
consistent with the purpose of the disclosure required by
subsection (b) or (c), as the case may be.
(e) Auction Sales. - If a motor vehicle is sold at an auction,
the auction company conducting the auction shall maintain the
following records for at least 4 years after the date of the sale:
(1) the name of the most recent owner of the motor vehicle
(except the auction company) and the name of the buyer of the
motor vehicle.
(2) the vehicle identification number required under chapter
301 or 331 of this title.
(3) the odometer reading on the date the auction company took
possession of the motor vehicle.
(f) Application and Revision of State Law. - (1) Except as
provided in paragraph (2) of this subsection, subsections (b)-(e)
of this section apply to the transfer of a motor vehicle after
April 28, 1989.
(2) If a State requests, the Secretary shall assist the State in
revising its laws to comply with subsection (b) of this section. If
a State requires time beyond April 28, 1989, to revise its laws to
achieve compliance, the Secretary, on request of the State, may
grant additional time that the Secretary considers reasonable by
publishing a notice in the Federal Register. The notice shall
include the reasons for granting the additional time. In granting
additional time, the Secretary shall ensure that the State is
making reasonable efforts to achieve compliance.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1049; Pub. L.
103-429, Sec. 6(34), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104-
287, Sec. 5(62), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105-178,
title VII, Sec. 7105, June 9, 1998, 112 Stat. 467.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32705(a) 15:1988(a). Oct. 20, 1972, Pub. L.
92-513, Sec. 408(a), 86
Stat. 962.
15:1988(b) (related Oct. 20, 1972, Pub. L.
to false 92-513, Sec. 408(b) (related
statements). to false statements), 86
Stat. 963; restated July 14,
1976, Pub. L. 94-364, Sec.
406, 90 Stat. 983.
15:1988(c). Oct. 20, 1972, Pub. L.
92-513, Sec. 408(c), 86
Stat. 963; restated July 14,
1976, Pub. L. 94-364, Sec.
406, 90 Stat. 984.
32705(b)(1) 15:1988(d)(1)(A), Oct. 20, 1972, Pub. L.
(B). 92-513, 86 Stat. 947, Sec.
408(d)(1)(A), (B), (2)-(g);
added Oct. 28, 1986, Pub. L.
99-579, Sec. 2(a), 100 Stat.
3309.
32705(b)(2) 15:1988(d)(1)(C). Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Sec.
408(d)(1)(C); added Oct. 31,
1988, Pub. L. 100-561, Sec.
401, 102 Stat. 2817; Nov.
28, 1990, Pub. L. 101-641,
Sec. 7(a), 104 Stat. 4657.
15:1988 (note). Nov. 28, 1990, Pub. L.
101-641, Sec. 7(b) (last
sentence), 104 Stat. 4657.
32705(b)(3) 15:1988(d)(2).
32705(c) 15:1988(e).
32705(d) 15:1988(f).
32705(e) 15:1988(g).
32705(f) 15:1988 (note). Oct. 28, 1986, Pub. L.
99-579, Sec. 2(c), 100 Stat.
3310.
--------------------------------------------------------------------
In subsection (a)(1), before clause (A), the words "Not later
than 90 days after October 20, 1972" are omitted as executed. In
clause (B), the words "if the transferor knows that the mileage
registered by the odometer is incorrect" are substituted for "if
the odometer reading is known to the transferor to be different
from the number of miles the vehicle has actually traveled" to
eliminate unnecessary words.
In subsection (b)(2)(A), before clause (i), the words "Under
regulations prescribed by the Secretary" are substituted for
"prescribed by rule by the Secretary" for consistency in the
revised title and because "rule" is synonymous with "regulation".
The words "to a transferor" are added for clarity. The words
"before February 1, 1989" are omitted as expired. The words "in the
possession of" are substituted for "physically held by", and the
words "when the transferor transfers ownership of the vehicle" are
substituted for "at the time of a transfer of such motor vehicle",
for clarity and consistency. The words "the transferor may" are
substituted for "nothing in this subsection shall be construed to
prohibit" for clarity and to eliminate unnecessary words. Clause
(i) is substituted for "in a form" and clause (ii) is substituted
for "in accordance with paragraph (2)(A)(i)" for clarity and
consistency. In clause (iii), the words "consistent with the
purposes of this Act and the need to facilitate enforcement
thereof" are omitted as surplus. In clauses (iv), (v), (viii), and
(ix), the amendment made by section 7(a) of the Independent Safety
Board Act Amendments of 1990 (Public Law 101-641, 104 Stat. 4657)
is restated as amending section 408(d)(1)(C) of the Motor Vehicle
and Cost Savings Act (15 U.S.C. 1988(d)(1)(C)) instead of section
408(d)(2)(C) of that Act to reflect the probable intent of
Congress. There is no section 408(d)(2)(C) in that Act. Clause
(vii) is substituted for "and under reasonable conditions" for
clarity and consistency.
In subsection (b)(3)(A), before clause (i), the words "following
such transfer" are omitted as surplus. In clause (i), the word
"produced" is substituted for "set forth" for clarity. In clause
(iii), the words "(in the event of a future transfer)" are omitted
as surplus.
In subsection (d), the text of 15:1988(f)(1) (last sentence) is
omitted as surplus because of 49:322(a).
In subsection (e), before clause (1), the words "establish and"
are omitted as executed.
In subsection (f)(1), the text of section 2(c)(3) of the Truth in
Mileage Act of 1986 (Public Law 99-579, 100 Stat. 3311) is omitted
as surplus.
PUB. L. 103-429
This amends 49:32705(c)(2)(A) to clarify the restatement of
15:1988(e)(2)(A) by section 1 of the Act of July 5, 1994 (Public
Law 103-272, 108 Stat. 1051).
PUB. L. 104-287
This amends 49:32702(8) and 32705 to clarify the restatement of
15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public
Law 103-272, 108 Stat. 1049).
AMENDMENTS
1998 - Subsec. (a)(4), (5). Pub. L. 105-178 added pars. (4) and
(5).
1996 - Subsec. (a). Pub. L. 104-287, Sec. 5(62)(A), substituted
"Disclosure requirements" for "Written disclosure requirements" in
heading and amended text generally. Prior to amendment, text read
as follows:
"(1) Under regulations prescribed by the Secretary of
Transportation, a person transferring ownership of a motor vehicle
shall give the transferee a written disclosure -
"(A) of the cumulative mileage registered by the odometer; or
"(B) that the mileage is unknown if the transferor knows that
the mileage registered by the odometer is incorrect.
"(2) A person making a written disclosure required by a
regulation prescribed under paragraph (1) of this subsection may
not make a false statement in the disclosure.
"(3) A person acquiring a motor vehicle for resale may accept a
disclosure under this section only if it is complete.
"(4) The regulations prescribed by the Secretary shall provide
the way in which information is disclosed and retained under this
section."
Subsec. (b)(3)(A). Pub. L. 104-287, Sec. 5(62)(B), substituted
"may not be licensed for use in a State unless" for "may be
licensed for use in a State only if" in introductory provisions.
1994 - Subsec. (c)(2)(A). Pub. L. 103-429 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: "the
mileage disclosure requirements of subsection (a) of this section;
and".
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-287 effective July 5, 1994, see section
8(1) of Pub. L. 104-287, set out as a note under section 5303 of
this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-429 effective July 5, 1994, see section
9 of Pub. L. 103-429, set out as a note under section 321 of this
title.
REGULATIONS
Section 4(q) of Pub. L. 103-272 provided that: "The revision of
regulations, referred to in section 32705(b)(2)(A) of title 49,
United States Code, as enacted by section 1 of this Act, that is
required by section 7 of the Independent Safety Board Act
Amendments of 1990 (Public Law 101-641, 104 Stat. 4657) [former 15
U.S.C. 1988(d)(1)(C), 1988 note] shall be prescribed not later than
May 28, 1991."
CITE-
49 USC Sec. 32706 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32706. Inspections, investigations, and records
-STATUTE-
(a) Authority To Inspect and Investigate. - Subject to section
32707 of this title, the Secretary of Transportation may conduct an
inspection or investigation necessary to carry out this chapter or
a regulation prescribed or order issued under this chapter. The
Secretary shall cooperate with State and local officials to the
greatest extent possible in conducting an inspection or
investigation. The Secretary may give the Attorney General
information about a violation of this chapter or a regulation
prescribed or order issued under this chapter.
(b) Entry, Inspection, and Impoundment. - (1) In carrying out
subsection (a) of this section, an officer or employee designated
by the Secretary, on display of proper credentials and written
notice to the owner, operator, or agent in charge, may -
(A) enter and inspect commercial premises in which a motor
vehicle or motor vehicle equipment is manufactured, held for
shipment or sale, maintained, or repaired;
(B) enter and inspect noncommercial premises in which the
Secretary reasonably believes there is a motor vehicle or motor
vehicle equipment that is an object of a violation of this
chapter;
(C) inspect that motor vehicle or motor vehicle equipment; and
(D) impound for not more than 72 hours for inspection a motor
vehicle or motor vehicle equipment that the Secretary reasonably
believes is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall be
conducted at a reasonable time, in a reasonable way, and with
reasonable promptness. The written notice may consist of a warrant
issued under section 32707 of this title.
(c) Reasonable Compensation. - When the Secretary impounds for
inspection a motor vehicle (except a vehicle subject to subchapter
I of chapter 135 of this title) or motor vehicle equipment under
subsection (b)(1)(D) of this section, the Secretary shall pay
reasonable compensation to the owner of the vehicle or equipment if
the inspection or impoundment results in denial of use, or
reduction in value, of the vehicle or equipment.
(d) Records and Information Requirements. - (1) To enable the
Secretary to decide whether a dealer or distributor is complying
with this chapter and regulations prescribed and orders issued
under this chapter, the Secretary may require the dealer or
distributor -
(A) to keep records;
(B) to provide information from those records if the Secretary
states the purpose for requiring the information and identifies
the information to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Secretary
to inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do
not authorize the Secretary to require a dealer or distributor to
provide information on a regular periodic basis.
(e) Administrative Authority and Civil Actions To Enforce. - (1)
In carrying out this chapter, the Secretary may -
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to
specific questions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and
require (by subpena or otherwise) the appearance and testimony of
witnesses and the production of records the Secretary considers
advisable.
(2) A witness summoned under this subsection is entitled to the
same fee and mileage the witness would have been paid in a court of
the United States.
(3) A civil action to enforce a subpena or order of the Secretary
under this subsection may be brought in the United States district
court for any judicial district in which the proceeding by the
Secretary is conducted. The court may punish a failure to obey an
order of the court to comply with the subpena or order of the
Secretary as a contempt of court.
(f) Prohibitions. - A person may not fail to keep records, refuse
access to or copying of records, fail to make reports or provide
information, fail to allow entry or inspection, or fail to permit
impoundment, as required under this section.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1052; Pub. L.
103-429, Sec. 6(35), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105-
102, Sec. 2(19), Nov. 20, 1997, 111 Stat. 2205.)
-MISC1-
HISTORICAL AND REVISION NOTES
PUB. L. 103-272
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32706(a) 15:1990d(a)(1). Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Secs.
414(a)-(c), 416; added July
14, 1976, Pub. L. 94-364,
Sec. 408(2), 90 Stat. 985,
988.
32706(b) 15:1990d(a)(2).
32706(c) 15:1990d(a)(3).
32706(d) 15:1990d(b).
32706(e)(1) 15:1990d(c)(1)-(3).
32706(e)(2) 15:1990d(c)(5).
32706(e)(3) 15:1990d(c)(4).
32706(f) 15:1990f.
--------------------------------------------------------------------
In subsection (a), the words "Subject to section 32707 of this
title" are added for clarity. The words "appropriate" and
"consistent with the purposes of this subsection" are omitted as
surplus. The words "The Secretary may give the Attorney General
information" are substituted for "Information obtained . . . may be
referred to the Attorney General for investigative consideration"
to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words "duly" and
"stating their purpose and" are omitted as surplus. In clause (A),
the words "any factory, warehouse, establishment, or other" are
omitted as surplus.
In subsection (b)(2), the words "shall be commenced and
completed" are omitted as surplus. The words "a warrant issued
under section 32707 of this title" are substituted for "an
administrative inspection warrant" for clarity.
In subsection (c), the words "the authority of" and "any item of"
are omitted as surplus.
In subsection (d)(1), before clause (A), the words "the Secretary
may require" are substituted for "as the Secretary may reasonably
require" and "as the Secretary finds necessary" to eliminate
unnecessary words. In clause (B), the words "such officer or
employee" and "reason or" are omitted as surplus. In clause (C),
the words "duly" and "upon request of such officer or employee" are
omitted as surplus.
In subsection (d)(2), the words "and subsection (e)(1)(B) of this
section" are added for clarity.
In subsection (e)(1), before clause (A), the words "In carrying
out this chapter" are substituted for "For the purpose of carrying
out the provisions of this subchapter", "In order to carry out the
provisions of this subchapter", "relevant to any function of the
Secretary under this subchapter", and "relating to any function of
the Secretary under this subchapter" for consistency. The words
"or, with the authorization of the Secretary, any officer or
employee of the Department of Transportation" and "or his duly
authorized agent" are omitted as surplus because of 49:322(b). In
clause (A), the words "inspect and copy" are substituted for "have
access to, and for the purposes of examination the right to copy"
to eliminate unnecessary words. The word "records" is substituted
for "documentary evidence" for consistency. The words "having
materials or information" are omitted as surplus. In clause (B),
the word "order" is substituted for "require, by general or special
orders" to eliminate unnecessary words. The words "in such form as
the Secretary may prescribe" and "shall be filed with the Secretary
within such reasonable period as the Secretary may prescribe" are
omitted as surplus because of 49:322(a). In clause (C), the words
"sit and act at such times and places" are omitted as being
included in "conduct hearings".
In subsection (e)(3), the words "A civil action to enforce a
subpena or order of the Secretary under this subsection may be
brought in the United States district court for the judicial
district in which the proceeding by the Secretary was conducted"
are substituted for 15:1990d(c)(4) (words before last comma) for
consistency in the revised title and to eliminate unnecessary
words.
PUB. L. 103-429
This amends 49:32706(e)(3) to clarify the restatement of
15:1990d(c)(4) by section 1 of the Act of July 5, 1994 (Public Law
103-272, 108 Stat. 1053).
PUB. L. 105-102
This amends 49:32706(c) to correct a cross-reference necessary
because of the restatement of subtitle IV of title 49 by the ICC
Termination Act (Public Law 104-88, 109 Stat. 803).
AMENDMENTS
1997 - Subsec. (c). Pub. L. 105-102 substituted "subchapter I of
chapter 135" for "subchapter II of chapter 105".
1994 - Subsec. (e)(3). Pub. L. 103-429 substituted "any judicial
district in which the proceeding by the Secretary is conducted."
for "the judicial district in which the proceeding by the Secretary
was conducted."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-429 effective July 5, 1994, see section
9 of Pub. L. 103-429, set out as a note under section 321 of this
title.
CITE-
49 USC Sec. 32707 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32707. Administrative warrants
-STATUTE-
(a) Definition. - In this section, "probable cause" means a valid
public interest in the effective enforcement of this chapter or a
regulation prescribed under this chapter sufficient to justify the
inspection or impoundment in the circumstances stated in an
application for a warrant under this section.
(b) Warrant Requirement and Issuance. - (1) Except as provided in
paragraph (4) of this subsection, an inspection or impoundment
under section 32706 of this title may be carried out only after a
warrant is obtained.
(2) A judge of a court of the United States or a State court of
record or a United States magistrate may issue a warrant for an
inspection or impoundment under section 32706 of this title within
the territorial jurisdiction of the court or magistrate. The
warrant must be based on an affidavit that -
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer or
employee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when the
judge or magistrate decides there is a reasonable basis for
believing that probable cause exists to issue the warrant. The
warrant must -
(A) identify the premises, property, or motor vehicle to be
inspected and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing
the warrant, and the name of the affiant;
(C) direct an individual authorized under section 32706 of this
title to inspect the premises, property, or vehicle for the
purpose stated in the warrant and, when appropriate, to impound
the property specified in the warrant;
(D) direct that the warrant be served during the hours
specified in the warrant; and
(E) name the judge or magistrate with whom proof of service is
to be filed.
(4) A warrant under this section is not required when -
(A) the owner, operator, or agent in charge of the premises
consents;
(B) it is reasonable to believe that the mobility of the motor
vehicle to be inspected makes it impractical to obtain a warrant;
(C) an application for a warrant cannot be made because of an
emergency;
(D) records are to be inspected and copied under section
32706(e)(1)(A) of this title; or
(E) a warrant is not constitutionally required.
(c) Service and Impoundment of Property. - (1) A warrant issued
under this section must be served and proof of service filed not
later than 10 days after its issuance date. The judge or magistrate
may allow additional time in the warrant if the Secretary of
Transportation demonstrates a need for additional time. Proof of
service must be filed promptly with a written inventory of the
property impounded under the warrant. The inventory shall be made
in the presence of the individual serving the warrant and the
individual from whose possession or premises the property was
impounded, or if that individual is not present, a credible
individual except the individual making the inventory. The
individual serving the warrant shall verify the inventory. On
request, the judge or magistrate shall send a copy of the inventory
to the individual from whose possession or premises the property
was impounded and to the applicant for the warrant.
(2) When property is impounded under a warrant, the individual
serving the warrant shall -
(A) give the person from whose possession or premises the
property was impounded a copy of the warrant and a receipt for
the property; or
(B) leave the copy and receipt at the place from which the
property was impounded.
(3) The judge or magistrate shall file the warrant, proof of
service, and all documents filed about the warrant with the clerk
of the United States district court for the judicial district in
which the inspection is made.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1053.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32707(a) 15:1990e(b)(1) Oct. 20, 1972, Pub. L.
(last sentence). 92-513, 86 Stat. 947, Sec.
415; added July 14, 1976,
Pub. L. 94-364, Sec. 408(2),
90 Stat. 987.
32707(b)(1) 15:1990e(a) (words
before 1st comma).
32707(b)(2) 15:1990e(b)(1) (1st
sentence), (2) (1st
sentence).
32707(b)(3) 15:1990e(b)(2) (2d,
last sentences).
32707(b)(4) 15:1990e(a) (words
after 1st comma).
32707(c)(1) 15:1990e(b)(3)
(1st, 3d-last
sentences).
32707(c)(2) 15:1990e(b)(3) (2d
sentence).
32707(c)(3) 15:1990e(b)(4).
--------------------------------------------------------------------
In subsection (a), the words "inspection or impoundment" are
substituted for "administrative inspections of the area, factory,
warehouse, establishment, premises, or motor vehicle, or contents
thereof" to eliminate unnecessary words and for consistency in this
section.
In subsection (b)(1), the words "Except as provided in paragraph
(4) of this subsection" are added for clarity. The words "an
inspection or impoundment" are substituted for "any entry or
administrative inspection (including impoundment of motor vehicles
or motor vehicle equipment)" to eliminate unnecessary words.
In subsection (b)(2), before clause (A), the words "inspection or
impoundment" are substituted for "the purpose of conducting
administrative inspections authorized by section 1990d of this
title and impoundment of motor vehicles or motor vehicle equipment
appropriate to such inspections" for consistency in this section.
The words "of the court or magistrate" are substituted for "his"
for clarity. The words "and upon proper oath or affirmation" are
omitted as surplus because of clause (B). Clause (A) is substituted
for "showing probable cause" and "and establishing the grounds for
issuing the warrant" to eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words "when the
judge or magistrate decides there is a reasonable basis for
believing that probable cause exists to issue the warrant" are
substituted for "If the judge or magistrate is satisfied that
grounds for the application exist or that there is a reasonable
basis for believing they exist" for consistency in this section and
to eliminate unnecessary words. In clauses (A) and (C), the words
"area, factory, warehouse, establishment" are omitted as being
included in "premises". In clause (A), the word "property" is
substituted for "and, where appropriate, the type of property to be
inspected, if any" to eliminate unnecessary words. In clause (B),
the words "the name of the affiant" are substituted for "the name
of the person or persons whose affidavit has been taken in support
thereof" to eliminate unnecessary words. In clause (C), the words
"command the person to whom it is directed" are omitted as surplus.
The word "property" is added for consistency with the source
provisions restated in clause (A) of this paragraph. In clause (E),
the words "proof of service is to be filed" are substituted for "it
shall be returned" for clarity.
In subsection (b)(4)(A), the words "factory, warehouse,
establishment" are omitted as being included in "premises".
Subsection (b)(4)(C) is substituted for 15:1990e(a)(3) to
eliminate unnecessary words.
In subsection (b)(4)(D), the words "are to be inspected and
copied" are substituted for "for access to and examination" for
consistency.
In subsection (b)(4)(E), the words "in any other situations
where" are omitted as surplus.
In subsection (c)(2)(A), the words "from whose possession or" are
substituted for "from whom or from whose" for clarity.
In subsection (c)(3), the words "shall file the warrant, proof of
service, and all documents filed about the warrant" are substituted
for "shall attach to the warrant a copy of the return and all
papers filed in connection therewith and shall file them" to
eliminate unnecessary words. The words "United States district
court" are substituted for "district court of the United States"
for consistency with the definition in section 32101 of the revised
title and with other provisions of the chapter.
-CHANGE-
CHANGE OF NAME
Reference to United States magistrate or to magistrate deemed to
refer to United States magistrate judge pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
-CITE-
49 USC Sec. 32708 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32708. Confidentiality of information
-STATUTE-
(a) General. - Information obtained by the Secretary of
Transportation under this chapter related to a confidential matter
referred to in section 1905 of title 18 may be disclosed only -
(1) to another officer or employee of the United States
Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b) Withholding Information From Congress. - This section does
not authorize information to be withheld from a committee of
Congress authorized to have the information.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1054.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32708 15:1990d(d). Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Sec.
414(d); added July 14, 1976,
Pub. L. 94-364, Sec. 408(2),
90 Stat. 987.
--------------------------------------------------------------------
In subsection (a), before clause (1), the words "reported to or
otherwise" and "or his representative" are omitted as surplus. The
words "related to a confidential matter referred to" are
substituted for "contains or relates to a trade secret or other
matter referred to" to eliminate unnecessary words. The words
"shall be considered confidential for the purpose of that section"
are omitted as surplus.
In subsection (b), the words "a committee of Congress authorized
to have the information" are substituted for "the duly authorized
committees of the Congress" for clarity.
-CITE-
49 USC Sec. 32709 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32709. Penalties and enforcement
-STATUTE-
(a) Civil Penalty. - (1) A person that violates this chapter or a
regulation prescribed or order issued under this chapter is liable
to the United States Government for a civil penalty of not more
than $2,000 for each violation. A separate violation occurs for
each motor vehicle or device involved in the violation. The maximum
penalty under this subsection for a related series of violations is
$100,000.
(2) The Secretary of Transportation shall impose a civil penalty
under this subsection. The Attorney General shall bring a civil
action to collect the penalty. Before referring a penalty claim to
the Attorney General, the Secretary may compromise the amount of
the penalty. Before compromising the amount of the penalty, the
Secretary shall give the person charged with a violation an
opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this
subsection, the Secretary shall consider -
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any
effect on the ability to continue doing business; and
(C) other matters that justice requires.
(b) Criminal Penalty. - A person that knowingly and willfully
violates this chapter or a regulation prescribed or order issued
under this chapter shall be fined under title 18, imprisoned for
not more than 3 years, or both. If the person is a corporation, the
penalties of this subsection also apply to a director, officer, or
individual agent of a corporation who knowingly and willfully
authorizes, orders, or performs an act in violation of this chapter
or a regulation prescribed or order issued under this chapter
without regard to penalties imposed on the corporation.
(c) Civil Actions by Attorney General. - The Attorney General may
bring a civil action to enjoin a violation of this chapter or a
regulation prescribed or order issued under this chapter. The
action may be brought in the United States district court for the
judicial district in which the violation occurred or the defendant
is found, resides, or does business. Process in the action may be
served in any other judicial district in which the defendant
resides or is found. A subpena for a witness in the action may be
served in any judicial district.
(d) Civil Actions by States. - (1) When a person violates this
chapter or a regulation prescribed or order issued under this
chapter, the chief law enforcement officer of the State in which
the violation occurs may bring a civil action -
(A) to enjoin the violation; or
(B) to recover amounts for which the person is liable under
section 32710 of this title for each person on whose behalf the
action is brought.
(2) An action under this subsection may be brought in an
appropriate United States district court or in a State court of
competent jurisdiction. The action must be brought not later than 2
years after the claim accrues.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1054.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32709(a) 15:1988(b) (related Oct. 20, 1972, Pub. L.
to violating rules). 92-513, Sec. 408(b) (related
to violating rules), 86
Stat. 963; restated July 14,
1976, Pub. L. 94-364, Sec.
406, 90 Stat. 983.
15:1990b. Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Secs.
412, 413; added July 14,
1976, Pub. L. 94-364, Sec.
408(2), 90 Stat. 984; Oct.
28, 1986, Pub. L. 99-579,
Sec. 3, 100 Stat. 3311.
32709(b) 15:1988(b) (related
to violating rules).
15:1990c.
32709(c) 15:1990. Oct. 20, 1972, Pub. L.
92-513, Sec. 410, 86 Stat.
963; restated July 14, 1976,
Pub. L. 94-364, Sec. 407, 90
Stat. 984.
32709(d) 15:1990a. Oct. 20, 1972, Pub. L.
92-513, 86 Stat. 947, Sec.
411; added July 14, 1976,
Pub. L. 94-364, Sec. 408(2),
90 Stat. 984.
--------------------------------------------------------------------
In subsection (a)(1), the words "that violates this chapter" are
substituted for "who commits any act or causes to be done any act
that violates any provision of this subchapter or omits to do any
act or causes to be omitted any act that is required by any such
provision" in 15:1990b(a) for consistency and to eliminate
unnecessary words. The words "or a regulation prescribed or order
issued under this chapter" are substituted for "No transferor shall
violate any rule prescribed under this section" in 15:1988 for
consistency in the revised title and because "rule" is synonymous
with "regulations". The words "A separate violation occurs for each
motor vehicle or device involved in the violation" are substituted
for "A violation of any such provision shall, for purposes of this
section, constitute a separate violation with respect to each motor
vehicle or device involved" in 15:1990b(a) to eliminate unnecessary
words.
In subsection (a)(2), the words "on behalf of the United States"
are omitted as surplus. The words "Before compromising the amount
of a penalty, the Secretary shall give" are substituted for "after
affording" for clarity. The words "to present views and evidence in
support thereof" and "alleged" are omitted as surplus.
In subsection (b), the words "that knowingly and willfully
violates this chapter" are substituted for "knowingly and willfully
commits any act or causes to be done any act that violates any
provision of this subchapter or knowingly and willfully omits to do
any act or causes to be omitted any act that is required by such
provision" to eliminate unnecessary words. The words "or a
regulation prescribed or order issued under this chapter" are
substituted for "No transferor shall violate any rule prescribed
under this section" in 15:1988 for consistency in the revised title
and because "rule" is synonymous with "regulation". The words
"fined under title 18" are substituted for "fined not more than
$50,000" for consistency with title 18. The words "an act in
violation of" are substituted for "any of the acts or practices
constituting in whole or in part a violation of" to eliminate
unnecessary words.
In subsections (c) and (d), the word "enjoin" is substituted for
"restrain" for consistency.
In subsection (c), the words "The United States district courts
shall have jurisdiction" are omitted because of 28:1331. The words
"for cause shown and subject to the provisions of rule 65(a) and
(b) of the Federal Rules of Civil Procedure" are omitted as surplus
because the rules apply in the absence of an exemption from them.
The words "the violation occurred" are substituted for "wherein any
act, omission, or transaction constituting the violation occurred",
and the word "resides" is substituted for "is an inhabitant", to
eliminate unnecessary words. The words "may be served in" are
substituted for "may run into" for clarity.
In subsection (d)(1), before clause (A), the words "this chapter
or a regulation prescribed or order issued under this chapter" are
substituted for "requirement imposed under this subchapter" for
consistency. The words "civil action" are substituted for "any
action" for consistency with rule 2 of the Federal Rules of Civil
Procedure (28 App. U.S.C.).
In subsection (d)(2), the words "without regard to the amount in
controversy" are omitted because jurisdiction is now allowed under
28:1331 without regard to the amount in controversy. The words
"United States district court" are substituted for "district court
of the United States" for consistency with the definition in
section 32101 of the revised title and with other provisions of the
chapter.
-CITE-
49 USC Sec. 32710 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32710. Civil actions by private persons
-STATUTE-
(a) Violation and Amount of Damages. - A person that violates
this chapter or a regulation prescribed or order issued under this
chapter, with intent to defraud, is liable for 3 times the actual
damages or $1,500, whichever is greater.
(b) Civil Actions. - A person may bring a civil action to enforce
a claim under this section in an appropriate United States district
court or in another court of competent jurisdiction. The action
must be brought not later than 2 years after the claim accrues. The
court shall award costs and a reasonable attorney's fee to the
person when a judgment is entered for that person.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1055.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32710(a) 15:1989(a)(1). Oct. 20, 1972, Pub. L.
92-513, Sec. 409, 86 Stat.
963.
32710(b) 15:1989(a)(2), (b).
--------------------------------------------------------------------
In subsection (a), the words "this chapter or a regulation
prescribed or order issued under this chapter" are substituted for
"requirement imposed under this subchapter" for consistency.
In subsection (b), the words "A person may bring a civil action
to enforce a claim" are substituted for "An action to enforce any
liability created . . . may be brought" for consistency with rule 2
of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word
"appropriate" is added for clarity. The words "without regard to
the amount in controversy" are omitted because jurisdiction is now
allowed under 28:1331 without regard to the amount in controversy.
The words "after the claim accrues" are substituted for "from the
date on which the liability arises" to eliminate unnecessary words.
The words "The court shall award . . . to the person when a
judgment is entered for that person" are substituted for "in the
case of any successful action to enforce the foregoing liability .
. . as determined by the court" for clarity.
-CITE-
49 USC Sec. 32711 01/03/2012 (112-90)
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VI - MOTOR VEHICLE AND DRIVER PROGRAMS
PART C - INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 327 - ODOMETERS
-HEAD-
Sec. 32711. Relationship to State law
-STATUTE-
Except to the extent that State law is inconsistent with this
chapter, this chapter does not -
(1) affect a State law on disconnecting, altering, or tampering
with an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1056.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
32711 15:1991. Oct. 20, 1972, Pub. L.
92-513, Sec. 418, 86 Stat.
963; July 14, 1976, Pub. L.
94-364, Sec. 408(1), 90
Stat. 984.
--------------------------------------------------------------------
In this section, before clause (1), the words "and then only to
the extent of the inconsistency" are omitted as surplus. In clause
(1), the word "affect" is substituted for "annul, alter, or affect"
to eliminate unnecessary words. In clause (2), the words "subject
to the provisions of this subchapter" are omitted as surplus.
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New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees. Most New Jersey Court employees are not trained New Jersey attorneys and therefore, they may not know what advice to give you. Working at the New Jersey Court as a non-judge is not the same as practicing law.
CAN I RELY ON NEW JERSEY COURT FORMS PROVIDED BY THE NEW JERSEY COURT?
The New Jersey Court usually provides certain types of New Jersey Court legal forms to the public and those forms are often very helpful. However, beware relying on New Jersey Court forms provided by the New Jersey Court – the New Jersey Court forms are often deceptively simple, while New Jersey cases often are much more complex than they first appear to be. There is simply no substitute for a competent New Jersey attorney licensed to practice law in New Jersey who has experience handling New Jersey cases. New Jersey Court forms don’t talk and New Jersey Court forms and their directions rarely, if ever, cover every possible situation, set of facts or legal issue that may arise in a New Jersey case. Each New Jersey case has its own particular legal issues and therefore, its own challenges. If you can afford a competent New Jersey attorney, it is best to have the New Jersey attorney prepare your New Jersey Court paperwork for you.
CAN I HANDLE A NEW JERSEY CASE MYSELF?
Many New Jersey pro se plaintiffs and New Jersey pro se defendants can and do successfully handle New Jersey cases, from filing the first paperwork to the collection of a New Jersey Court judgment. However, many other New Jersey pro se plaintiffs and New Jersey pro se defendants also make mistakes that lead to the dismissal of their New Jersey cases or that result in the entry of a New Jersey Court money judgment against them. The greater the money at stake, the greater the reason to consider using the services of a competent attorney licensed to practice law in New Jersey to handle part or all of the New Jersey case. The following are reasons to use an attorney to handle part or all of your New Jersey case:
• New Jersey Court fees often change
• New Jersey Court rules often change
• New Jersey Court employees cannot give you “free” legal advice and a New Jersey Court judge may refuse to let you claim that you were right in taking an action (or in deciding not to take action) because you relied on advice from such employees
• New Jersey Court forms available on websites may not cover every situation you may face in Court
• each New Jersey case has its own particular legal issues and therefore, its own challenges
• it is very common for New Jersey pro se plaintiffs and New Jersey pro se defendants to file inadequate or incorrect New Jersey Court complaints that result in the New Jersey Court complaints or answers to New Jersey Court complaints being rejected by the New Jersey Court or being dismissed by the New Jersey Court after filing and before or after trial because of procedural deficiencies.
• it is not uncommon for judges to get very frustrated by an unrepresented party’s lack of preparation or ignorance of the facts or law of the New Jersey case.
• a Court has the power to punish unprepared New Jersey plaintiffs and New Jersey defendants, such as by throwing their New Jersey case out of Court or limiting what they can present at the New Jersey Court trial.
• New Jersey has many published cases, laws, regulations, Court rules and rules of evidence that can be very tricky to understand and that can be used to prevent you from doing much of what you want to do at the New Jersey Court trial.
• it is very common for Courts to refuse to allow a party to use or refer to documents or items at the New Jersey Court trial that the person themselves never prepared. Often New Jersey plaintiffs and New Jersey defendants stumble into New Jersey Court with a video, photograph, bill or affidavit or other form of written statement, thinking they are going to use it as proof that they lost money or that they are not responsible for someone else’s damages, only to have a New Jersey Court judge tell the New Jersey plaintiffs and New Jersey defendants that it is not going to even consider such items or documents.
• without the proper preparation, items and documents may never be considered by the New Jersey Court. Also, if there are any legal issues to be dealt with at the New Jersey Court trial, you must be prepared to argue them, which may require you to refer to Court rules, evidence rules, laws, regulations or published cases.
• you cannot show up at the New Jersey Court expecting the judge hearing your New Jersey case to explain Court rules, evidence rules, Court procedure or the details of the law that applies to your New Jersey case. The judge hearing your New Jersey case is not permitted to give you legal advice.
It is important to remember that even if you have an attorney, you could lose your New Jersey case. Hiring an attorney to handle part or all of your New Jersey case does not guarantee your success. However, it may provide what is needed to win your New Jersey case or to avoid certain mistakes.
DOES THE LAW OFFICE OF PAUL DEPETRIS HAVE EXPERIENCE HANDLING NEW JERSEY CASES?
Yes. Paul DePetris has performed the following tasks:
• handled New Jersey cases for plaintiffs and defendants across New Jersey, from Bergen County New Jersey to Cumberland County New Jersey, including representations of individuals, small businesses and large corporations.
• settled New Jersey cases for plaintiffs and defendants across New Jersey.
• reviewed many New Jersey Court settlement agreements.
• enforced many New Jersey Court settlement agreements.
• provided New Jersey pro se plaintiffs and New Jersey pro se defendants with New Jersey Court legal advice and prepared New Jersey Court legal forms
• prepared and filed many New Jersey Court complaints
• tried New Jersey Court jury trials
• mediated many New Jersey cases
• argued New Jersey Court motions
• handled New Jersey Court proof hearings
• handled New Jersey Court post judgment collection proceedings
Mr. DePetris has appeared before the Superior Court of New Jersey in the following counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court
IN WHAT NEW JERSEY COUNTIES WILL THE LAW OFFICE OF PAUL DEPETRIS HANDLE NEW JERSEY CASES?
The Law Office of Paul DePetris offers to handle and help individuals and businesses with New Jersey Court Claims cases in North, Central and Southern New Jersey, including cases in the following New Jersey counties:
• Atlantic County New Jersey Court
• Bergen County New Jersey Court
• Burlington County New Jersey Court
• Camden County New Jersey Court
• Cape May County New Jersey Court
• Cumberland County New Jersey Court
• Essex County New Jersey Court
• Gloucester County New Jersey Court
• Hudson County New Jersey Court
• Mercer County New Jersey Court
• Middlesex County New Jersey Court
• Monmouth County New Jersey Court
• Morris County New Jersey Court
• Ocean County New Jersey Court
• Passaic County New Jersey Court
• Salem County New Jersey Court
• Somerset County New Jersey Court
• Sussex County New Jersey Court
• Union County New Jersey Court
• Warren County New Jersey Court
WHAT IF I DON’T HAVE ENOUGH MONEY TO HIRE AN ATTORNEY TO HANDLE MY NEW JERSEY CASE FROM BEGINNING TO END?
In many situations, the Law Office of Paul DePetris offers alternatives to handling New Jersey cases for an hourly fee, such as by offering to handle your New Jersey case up to trial for a fixed fee or to help you handle your New Jersey case by yourself. Such flexible methods may allow you to keep the amount legal fees you spend on your New Jersey case to a fixed sum, while providing you the help you need to handle your New Jersey case. For a no obligation phone consultation about what the Firm might be able to do for you, call Mr. DePetris at 609-714-2020 or send an email to Mr. DePetris.
