PART 29—MOTOR VEHICLE THEFT PREVENTION ACT REGULATIONS Authority: 28 U.S.C. 509, 510; 42 U.S.C. 14171. Source: 61 FR 40725, Aug. 6, 1996, unless otherwise noted. § 29.1 Purpose. (a) The purpose of this part is to implement the Motor Vehicle Theft Prevention Act, 42 U.S.C. 14171, which requires the Attorney General to develop, in cooperation with the states, a national voluntary motor vehicle theft prevention program. The program will be implemented by states and localities, at their sole option. (b) Under this program, individual motor vehicle owners voluntarily sign a consent form in which the owner (1) Indicates that the identified vehicle is not normally operated under certain specified conditions and (2) Agrees to display a program decal or license plate on the vehicle and to permit law enforcement officials in any jurisdiction to stop the motor vehicle if it is being operated under specified conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner. (c) The regulations set forth in this part establish the conditions under which an owner may consent to having his or her vehicle stopped and the manner in which a State or locality may elect to participate. § 29.2 Definitions. For the purposes of this part: (a) The Act the MVTPA (b) Owner (c) The Program § 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. § 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. § 29.5 Notification of law enforcement officials. In addition to the actions enumerated in § 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. § 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. § 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. § 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. § 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. § 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. § 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. § 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. (b) Border crossing or port entry. § 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.