Section 13A-8-37.3 - Used, detached catalytic converters(a) It is unlawful for any person to purchase, or otherwise acquire, a used, detached catalytic converter, or any nonferrous part thereof, unless all of the following apply:(1) The person is registered as a secondary metals recycler under Section 13A-8-31.2.(2) The sale or purchase occurs at the fixed business address of a secondary metals recycler that is a party to the transaction. For purposes of this subdivision, "fixed business address" of the secondary metals recycler means the address of the business that is registered with the Alabama Criminal Justice Information Center pursuant to Section 13A-8-31.2; provided, however, the term may also include the licensed address of a secondary metals recycler, new or used motor vehicle dealer, automotive repair service, motor vehicle manufacturer, licensed automotive dismantler and parts recycler, or distributor of catalytic converters, who sells or purchases the used, detached catalytic converter.(3) The person has maintained all of the information required under Section 13A-8-31 regarding the transaction.(b)(1) It is unlawful for a person to sell or possess a used, detached catalytic converter unless either of the following: a. The person is a registered secondary metals recycler, licensed new or used motor vehicle dealer, licensed automotive repair service, motor vehicle manufacturer, licensed automotive dismantler and parts recycler, or licensed distributor of catalytic converters, and a copy of the seller's valid business license is received and maintained by the person at the time of the transaction.b. The person provides the purchaser with all of the following information for the motor vehicle from which the catalytic converter or part thereof was taken: 1. The name of the person that removed the catalytic converter.2. The name of the person for whom the removal was completed.3. The make and model of the vehicle from which the catalytic converter was removed.4. The vehicle identification number of the vehicle from which the catalytic converter was removed.5. The part number or other identifying number of the catalytic converter that was removed.6. A copy of the driver's license or nondriver identification card of the seller of the catalytic converter.7. A copy of the certificate of title or certificate of registration showing the seller's ownership interest in the vehicle.(2) Before each purchase or acquisition of a used, detached catalytic converter or part thereof, the secondary metals recycler, including an agent, employee, or representative thereof, shall do both of the following: a. Verify, by obtaining the applicable documentation, that the person transferring or selling the used, detached catalytic converter acquired it legally and has the right to transfer it or sell it.b. Retain a record of the applicable verification and other information required under Section 13A-8-31, and note in the business records of the secondary metals recycler any obvious markings on the used, detached catalytic converter, such as paint, labels, or engravings, that would aid in the identification of the catalytic converter.(c) Each catalytic converter that is purchased, possessed, obtained, sold, transported, or otherwise acquired in violation of this section is a separate violation of this section.(d) A person who violates this section is guilty of a Class A misdemeanor on a first violation. On a second or subsequent violation within a 10-year period, the person is guilty of a Class C felony.(e) A used, detached catalytic converter possessed in violation of this section is contraband, subject to seizure and forfeiture as provided pursuant to Section 20-2-93.(f) For purposes of this section, a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with applicable U.S. Environmental Protection Agency Clean Air Act regulations.Ala. Code § 13A-8-37.3 (1975)
Added by Act 2022-114,§ 1, eff. 6/1/2022.