47-1105.

§47-1105.


    A.  As used in the Oklahoma Vehicle License and Registration Act,
Section 1101 et seq. of this title:
    1.  "Salvage vehicle" means any vehicle which is within the last
ten (10) model years and which has been damaged by collision or other
occurrence to the extent that the cost of repairing the vehicle for
safe operation on the highway exceeds sixty percent (60%) of its fair
market value, as defined by Section 1111 of this title, immediately
prior to the damage.  For purposes of this section, actual repair
costs shall only include labor and parts for actual damage to the
suspension, motor, transmission, frame or unibody and designated
structural components;
    2.  "Rebuilt vehicle" means any salvage vehicle which has been
rebuilt and inspected for the purpose of registration and title;
    3.  "Flood-damaged vehicle" means a salvage or rebuilt vehicle
which was damaged by flooding or a vehicle which was submerged at a
level to or above the dashboard of the vehicle and on which an amount
of loss was paid by the insurer;
    4.  "Recovered-theft vehicle" means a salvage or rebuilt vehicle
which was recovered from a theft; and
    5.  "Junked vehicle" means any vehicle which is incapable of
operation or use on the highway, has no resale value except as a
source of parts or scrap and has an eighty percent (80%) loss in fair
market value.
    B.  The owner of every vehicle in this state shall possess a
certificate of title as proof of ownership of such vehicle, except
those vehicles registered pursuant to Section 1120 of this title and
trailers registered pursuant to Section 1133 of this title,
previously titled in another state and engaged in interstate
commerce, and except as provided in subsection M of this section.
There shall be five (5) types of certificates of title:
    1.  Original title for any motor vehicle which is not a salvage,
rebuilt or junked vehicle;
    2.  Salvage title for any motor vehicle which is a salvage
vehicle or is specified as a salvage vehicle or the equivalent
thereof on a certificate of title from another state;
    3.  Rebuilt title for any motor vehicle which is a rebuilt
vehicle;
    4.  Junked title for any motor vehicle which is a junked vehicle
or is specified as a junked vehicle or the equivalent thereof on a
certificate of title from another state; and
    5.  Classic title for any motor vehicle, except a junked vehicle,
which is twenty-five (25) model years or older.
    Application for a certificate of title, whether the initial
certificate of title or a duplicate, may be made to the Oklahoma Tax
Commission or any motor license agent.  When application is made with
a motor license agent, the application information shall be
transmitted either electronically or by mail to the Commission by the
motor license agent.  If the application information is transmitted
electronically, the motor license agent shall forward the required
application along with evidence of ownership, where required, by
mail.  Where the transmission of application information cannot be
performed electronically, the Commission is authorized to provide
postage paid envelopes to motor license agents for the purpose of
mailing the application along with evidence of ownership, where
required.  The Commission shall upon receipt of proper application
information issue an Oklahoma certificate of title.  The certificates
may be mailed to the applicant.  Upon issuance of a certificate of
title, the Commission shall provide the appropriate motor license
agent with confirmation of such issuance.
    C.  1.  The application for certificate of title shall be upon a
blank form furnished by the Commission, containing:
         a.   a full description of the vehicle,
         b.   the manufacturer's serial or other identification
              number,
         c.   the manufacturer's factory delivered price and total
              delivered price,
         d.   the motor number and the date on which first sold by
              the manufacturer or dealer to the owner,
         e.   any distinguishing marks,
         f.   a statement of the applicant's source of title,
         g.   any security interest upon the vehicle, and
         h.   such other information as the Commission may require.
    2.  The application for a certificate of title for a vehicle
which is within the last seven (7) model years shall require a
declaration as to whether the vehicle has been damaged by collision
or other occurrence and whether the vehicle has been recovered from
theft and the extent of the damage to the vehicle.  The declaration
shall be made by the owner of a vehicle if:
         a.   the vehicle has been damaged or stolen,
         b.   the owner did or did not receive any payment for the
              loss from an insurer, or
         c.   the vehicle is titled or registered in a state that
              does not classify the vehicle or brand the title
              because of damage to or loss of the vehicle similar to
              the classifications or brands utilized by this state.
    The declaration shall be based upon the best information and
knowledge of the owner and shall be in addition to the requirements
specified in paragraph 1 of this subsection.  The Oklahoma Tax
Commission shall not issue a certificate of title for a vehicle which
is subject to the provisions of this paragraph without the required
declaration, completed and signed by the owner of the vehicle.  Upon
receipt of an application without the properly completed declaration,
the Oklahoma Tax Commission shall return the application to the
applicant with notice that the title may not be issued without the
required declaration.  Nothing in this paragraph shall prohibit the
Oklahoma Tax Commission from recognizing the type of or brand on a
title or other ownership document issued by another state or the
inspection conducted in another state and issuing the appropriate
certificate of title for the vehicle.
    3.  The certificate of title shall have the following security
features:
         a.   intaglio printing or security thread, with or without
              watermark,
         b.   latent images,
         c.   fluorescent inks,
         d.   micro print,
         e.   void background, and
         f.   color coding.
    4.  Each title issued pursuant to the provisions of the Oklahoma
Vehicle License and Registration Act shall be color coded as
determined by the Oklahoma Tax Commission.
    5.  The certificate of title shall be of such size and design and
color as the Commission may direct pursuant to the provisions of this
section.  The title shall be on colored paper or other material as
designated by the Commission and be of such intensity or hue as will
allow easy identification as to whether the title is an original
title, a salvage title, a rebuilt title or a junked title.  The type
of title shall be identified on the front of the certificate of
title.  The original title, rebuilt title or classic title shall be
identified by the word "Original", "Rebuilt" or "Classic" printed in
the upper right quadrant of the certificate of title, in the space
which is currently captioned "type of title".
    D.  1.  To obtain an original certificate of title for a vehicle
that is being registered for the first time in this state which has
not been previously registered in any other state, the applicant
shall be required to deliver, as evidence of ownership, a
manufacturer's certificate of origin properly assigned by the
manufacturer, distributor, or dealer licensed in this or any other
state shown thereon to be the last transferee to the applicant upon a
form to be prescribed and approved by the Commission.  A
manufacturer's certificate of origin shall contain:
         a.   the manufacturer's serial or other identification
              number,
         b.   date on which first sold by the manufacturer to the
              dealer,
         c.   any distinguishing marks including model and the year
              same was made,
         d.   a statement of any security interests upon said
              vehicle, and
         e.   such other information as the Commission may require.
    2.  The manufacturer's certificate of origin shall have the
following security features:
         a.   intaglio printing or security thread, with or without
              watermark,
         b.   latent images,
         c.   fluorescent inks,
         d.   micro print, and
         e.   void background.
    E.  In the absence of a dealer's or manufacturer's number, the
Commission may assign such identifying number to the vehicle, which
shall be permanently stamped, burned or pressed or attached into the
vehicle, and a certificate of title shall be delivered to the
applicant upon payment of all fees and taxes, and the remaining
copies shall be permanently filed and indexed by the Commission.  The
Commission shall assign an identifying number to any rebuilt vehicle
if the vehicle identification number displayed on the rebuilt vehicle
does not accurately describe the vehicle as rebuilt.  The motor
license agent, at the time of inspection of the rebuilt vehicle
pursuant to Section 1111 of this title, shall identify the make,
model, and year for the body to accurately describe the rebuilt
vehicle.  At the time of the inspection, an appropriate identifying
number shall be permanently stamped, burned, pressed, or attached on
the rebuilt vehicle.  The assigned identifying number shall be
recorded on the certificate of title for the rebuilt vehicle.  The
dealer's or manufacturer's vehicle identification number on the
rebuilt vehicle shall be preserved in the computer files of the
Oklahoma Tax Commission for at least five (5) years.
    F.  When registering for the first time in this state a vehicle
which was not originally manufactured for sale in the United States,
to obtain a certificate of title, the Commission shall require the
applicant to deliver:
    1.  As evidence of ownership, if the vehicle has not previously
been titled in the United States, the documents constituting valid
proof of ownership in the country in which the vehicle was originally
purchased, together with a notarized translation of any such
documents; and
    2.  As evidence of compliance with federal law, copies of the
bond release letters for the vehicle issued by the United States
Environmental Protection Agency and the United States Department of
Transportation, together with a receipt issued by the Internal
Revenue Service indicating that the applicable federal gas guzzler
tax has been paid.
    The Oklahoma Tax Commission shall not issue a certificate of
title for a vehicle which is subject to the provisions of this
paragraph without the required documentation from agencies of the
United States and evidence of ownership.  Upon receipt of an
application without the required documentation, the Oklahoma Tax
Commission shall return the application to the applicant with notice
that the certificate of title may not be issued without the required
documentation.  Nothing in this paragraph shall prohibit the Oklahoma
Tax Commission from issuing certificates of title for antique or
classic vehicles not driven upon the public streets, roads, or
highways.
    G.  When registering in this state a vehicle which was titled in
another state and which title contains the name of a secured party on
the face of the other state certificate of title, or such state
certificate is being held by the secured party in that state or any
other state, the Commission or the motor license agent shall complete
a lien entry form as prescribed by the Commission.  The owner of such
vehicle shall file an affidavit with the Commission or the motor
license agent stating that title to the vehicle is being held by a
secured party has not been issued pursuant to the laws of the state
where titled, and that there is an existing lien or encumbrance on
the vehicle.  The current name and address of the secured party or
lienholder shall also be stated in the affidavit.  The form of the
affidavit shall be prescribed by the Oklahoma Tax Commission and
contain any other information deemed necessary by the Commission.  A
statement of the lien or encumbrance shall be included on the
Oklahoma certificate of title and the lien or encumbrance shall be
deemed continuously perfected as though it had been perfected
pursuant to Section 1110 of this title.  For completing the lien
entry form and recording the security interest on the certificate of
title, the Commission or the motor license agent shall collect a fee
of Three Dollars ($3.00) which shall be in addition to other fees
provided by the Oklahoma Vehicle License and Registration Act.  The
fee, if collected by the motor license agent pursuant to this
subsection, shall be retained by the motor license agent.
    H.  The charge for each certificate of title issued, except for
junked titles as defined in paragraph 4 of subsection B of this
section, shall be Eleven Dollars ($11.00), which charge shall be in
addition to any other fees or taxes imposed by law for such vehicle.
One Dollar ($1.00) of each such charge shall be deposited in the
Oklahoma Tax Commission Reimbursement Fund.  However, the charge
shall not apply to any vehicle which is to be registered in this
state pursuant to the provisions of Section 1120 or 1133 of this
title and which was registered in another state at least sixty (60)
days prior to the time it is required to be registered in this state.
    I.  The vehicle identification number of a junked vehicle shall
be preserved in the computer files of the Oklahoma Tax Commission for
a period of not less than five (5) years.  The charge of junked
titles as defined in paragraph 4 of subsection B of this section
shall be Four Dollars ($4.00).  The fee remitted to the Oklahoma Tax
Commission shall be deposited in the Oklahoma Tax Commission
Reimbursement Fund.
    J.  If a vehicle is sold to a resident of another state,
destroyed, dismantled, or ceases to be used as a vehicle, the owner
shall immediately notify the Commission.  Absent evidence to the
contrary, failure to notify the Commission shall be prima facie
evidence that the vehicle has been in continuous operation in this
state.
    K.  If a vehicle is stolen, the owner shall immediately notify
the appropriate law enforcement agency.  Immediately after receiving
such notification, the law enforcement agency shall notify the
Oklahoma Tax Commission.
    L.  No title for an out-of-state vehicle, except any commercial
truck or truck-tractor registered pursuant to Section 1120 of this
title which is engaged in interstate commerce or any trailer or
semitrailer registered pursuant to Section 1133 of this title which
is engaged in interstate commerce, shall be issued without an
inspection of such vehicle and payment of a fee of Four Dollars
($4.00) for such inspection; provided, the Oklahoma Tax Commission
may enter into reciprocal agreements with other states for such
inspections to be performed at locations outside the boundaries of
this state for vehicles which:
    1.  Are offered for sale at auction;
    2.  Have been solely used as vehicles for rent under the
ownership of a licensed motor vehicle dealer or a person engaged in
the business of renting motor vehicles; or
    3.  Have not been registered in this or any other state for more
than one (1) year.
The inspection shall include a comparison of the vehicle
identification number on the vehicle with the number recorded on the
ownership records and the recording of the actual odometer reading on
the vehicle.  The Four Dollar ($4.00) fee shall be collected by the
motor license agent or Commission when the title is issued.  The
motor license agent shall retain Two Dollars ($2.00) for his fee.
The remaining Two Dollars ($2.00) shall be deposited in the Oklahoma
Tax Commission Reimbursement Fund.
    The Oklahoma Tax Commission may allow the inspection to be
performed at a location out-of-state by another state's department of
motor vehicles or state police.
    M.  No title for any out-of-state vehicle offered for sale at
salvage pools, salvage disposal sales, or an auction, or by a dealer
or a licensed automotive dismantler and parts recycler, shall be
issued without an inspection to compare the vehicle identification
number on the vehicle with the number recorded on the ownership
record and to record the actual odometer reading on the vehicle.
Upon request of the seller, person or entity conducting an auction,
dealer or licensed dismantler, the inspection shall be conducted at
the location or place of business of the sale, auction, dealer, or
the dismantler.  The inspection shall be conducted by any motor
license agent or a duly authorized employee thereof; provided, the
Oklahoma Tax Commission may enter into reciprocal agreements with
other states for such inspections to be performed at locations
outside the boundaries of this state for vehicles which:
    1.  Are offered for sale at auction;
    2.  Have been solely used as vehicles for rent under the
ownership of a licensed motor vehicle dealer or a person engaged in
the business of renting motor vehicles; or
    3.  Have not been registered in this or any other state for more
than one (1) year.
The inspection shall be certified upon forms prescribed by the
Oklahoma Tax Commission.  The name and other identification of the
authorized person conducting the inspection shall be legibly printed
or typed on the form.  Prior to any inspection by any employee of a
motor license agent, the motor license agent shall notify the
Oklahoma Tax Commission of the name and any other identification
information requested by the Oklahoma Tax Commission of the
authorized person.  A signature specimen of the authorized person
shall be submitted to the Oklahoma Tax Commission by the employing
motor license agent.  If the authorization to inspect vehicles is
withdrawn or the employer-employee relationship is terminated, the
motor license agent, immediately, shall notify the Commission and
return any remaining inspection forms to the Oklahoma Tax Commission.
The fee for the inspection shall be Four Dollars ($4.00).  The motor
license agent shall retain Three Dollars ($3.00) of the fee.  Fees
received by a motor license agent or an authorized employee thereof
shall be handled and accounted for in the manner as prescribed by law
for any other fees paid to or received by a motor license agent.
Out-of-state vehicles brought into this state by a person licensed in
another state to sell new or used vehicles to be sold within this
state at a motor vehicle auction which is limited to dealer to dealer
transactions shall not be required to be inspected, unless said
vehicle is purchased by an Oklahoma dealer.  Any person licensed in
another state to sell new or used motor vehicles, who offers a motor
vehicle for sale within this state at a motor vehicle auction which
is limited to dealer to dealer transactions, shall not be within the
definition of "owner" in Section 1102 of this title, for purposes of
Section 1101 et seq. of this title.
    N.  An out-of-state vehicle which has been rebuilt shall be
inspected pursuant to the provisions of Section 1111 of this title.
The Commission shall train motor license agents in interpreting
vehicle identification numbers to assure that it accurately describes
the vehicle and to detect rollback or alteration of the odometer.
Failure of a motor license agent to inspect the vehicle and make the
required notations shall be a misdemeanor punishable by a fine of not
more than One Thousand Dollars ($1,000.00) for the first offense and
Five Thousand Dollars ($5,000.00) for the second offense or
subsequent offense, or by imprisonment in the county jail for not
more than six (6) months, or by both such fine and imprisonment.
    O.  The ownership of any vehicle which has been declared a total
loss because of theft shall be transferred to the insurer by a
salvage title.  Upon recovery of the vehicle from theft, the
ownership shall be transferred by an original title, salvage title,
or junked title, as may be appropriate based upon an estimate of the
amount of loss submitted by the insurer.
    P.  The owner of any vehicle which is incapable of operation or
use on the public roads and has no resale value, except as parts,
scrap or junk, may deliver the certificate of title to the vehicle to
the Oklahoma Tax Commission for cancellation.  Upon verification that
any perfected lien against the vehicle has been released, the
certificate of title shall be canceled without any fee, charge, or
cost required from the owner.  The vehicle identification numbers on
the certificates of title shall be preserved in the computer files of
the Oklahoma Tax Commission for at least five (5) years from the date
of cancellation of the certificate of title.  The Oklahoma Tax
Commission shall prescribe and provide an affidavit form to be
completed by the owner of any vehicle for which the certificate of
title is canceled.  No title or registration shall subsequently be
issued for a vehicle for which the certificate of title has been
surrendered pursuant to this subsection.  The Oklahoma Tax Commission
shall prescribe a form for the transfer of ownership of a vehicle for
which the certificate of title has been canceled.
    Q.  The owner of a vehicle which is not within the last ten (10)
model years, not roadworthy and not capable of repair for operation
or use on the roads and highways shall transfer the vehicle only upon
a certificate of ownership prescribed by the Oklahoma Tax Commission,
if the certificate of title to the vehicle is lost, has been
canceled, or otherwise not available.  The prescribed ownership form
shall include the names and addresses of the buyer and seller, the
driver's license number or social security number of the seller, the
make and model of the vehicle, and the public vehicle identification
number.  If there is no public vehicle identification number, the
vehicle shall be inspected by a law enforcement officer to verify the
absence of the number on the vehicle and the prescribed ownership
form shall include a signed statement, by such officer, verifying the
absence of the number.
    The certificate of ownership shall be completed in triplicate.
The buyer and seller shall each retain a copy.  Within thirty (30)
days of the transaction, the seller shall submit one copy to the
Oklahoma Tax Commission or a motor license agent accompanied with a
fee of Four Dollars ($4.00).  One Dollar ($1.00) shall be retained by
the motor license agent and Three Dollars ($3.00) shall be deposited
in the Tax Commission Reimbursement Fund in the State Treasury.
    Upon receipt of the certificate, the Oklahoma Tax Commission
shall verify that any perfected lien upon the vehicle has been
released.  If the lien is not released, the Commission shall mail
notice of the transfer to the lienholder at the lienholder's last-
known address.  If a certificate of title has been issued, it shall
be canceled and the vehicle identification number shall be preserved
in the computer of the Oklahoma Tax Commission for at least five (5)
years.  The buyer of the vehicle may not be sued and shall not be
liable for monetary damages to the lienholder, however, the vehicle
shall be subject to a valid repossession by a lienholder.
    R.  The Oklahoma Tax Commission shall notify the chief
administrative officer of the agency or department responsible for
issuing motor vehicle certificates of title in each state in the
United States of the types of motor vehicle certificate of title
effective in Oklahoma on and after January 1, 1989.





emerg. eff. May 24, 1989.