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47-1111.


47-1111.


    A.  As used in this section:
    1.  "Loss" means the cost, in dollars, to repair or replace a
vehicle which has been damaged by collision or other occurrence.  The
amount paid by an insurer to a holder of the certificate of title for
repair of a damaged vehicle shall be prima facie evidence of the
amount of the loss.  The amount paid by an insurer to a holder of the
certificate of title for replacement of a damaged vehicle less the
resale value of the damaged vehicle shall be prima facie evidence of
the amount of the loss;
    2.  "Fair market value" means the value of a vehicle as listed in
the current National Auto Dealers Association guidebook or other
similar guidebook or the actual cash value, whichever is greater;
    3.  "Resale value" means the amount, in dollars, paid to the
holder of a certificate of title by a willing buyer for a vehicle
damaged by collision or other occurrence or recovered from theft;
    4.  "Total loss" means a loss which is equal to the fair market
value of the vehicle immediately prior to the damage to or theft of
the vehicle; and
    5.  "Vehicle" means a vehicle, as defined in paragraph 29 of
Section 1102 of this title manufactured within the last seven (7)
model years.
    B.  Any insurance company that pays a total loss on a claim for
any vehicle including, but not limited to, a flood-damaged vehicle or
recovered-theft vehicle, any junk dealer who receives a motor vehicle
which is to be used for junk or for parts, or any other person
permanently dismantling or junking a vehicle shall receive the
certificate of title from the current holder of the certificate of
title, shall detach the license plate from the vehicle, and shall
return the license plate and the certificate of title to the Oklahoma
Tax Commission or a motor license agent within thirty (30) days from
receipt of the certificate.  The Tax Commission shall cancel the
certificate of title to the vehicle used for junk or parts and shall
preserve the vehicle identification numbers on the certificate of
title in the computer files for at least five (5) years.  The Tax
Commission shall transfer ownership of a stolen vehicle, not
recovered from theft at the time of transfer, by salvage title to the
insurer.  The Tax Commission shall transfer ownership of a vehicle
damaged by flooding or other occurrence to the insurer 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.  All
license plates surrendered to the Tax Commission shall be destroyed.
    C.  1.  If an insurance company pays a claim for a loss which is
less than a total loss but the cost of repairing the vehicle for safe
operation on the highway exceeds sixty percent (60%) of the fair
market value of the vehicle, or if any vehicle not insured is damaged
to the extent that the cost of repair for safe operation on the
highway exceeds sixty percent (60%) of the fair market value of the
vehicle, any holder of the certificate of title for the vehicle shall
return the certificate of title to the Oklahoma Tax Commission or a
motor license agent within thirty (30) days from receipt of payment
for the loss.
    2.  Upon receipt of the certificate, the Tax Commission or motor
license agent shall issue a salvage title for the vehicle.  The title
for any vehicle damaged by flooding shall be stamped with the words
"Flood Damaged", and for any such vehicle which was recovered from a
theft, the salvage title or rebuilt title shall be stamped with the
words "Recovered Theft".  A licensed dealer subject to the provisions
of the Automotive Dismantlers and Parts Recycler Act, Section 591.1
et seq. of this title, shall not be required to pay registration
fees, excise taxes, back taxes, or penalties on a vehicle as a
prerequisite to obtaining a salvage title.
    3.  If the actual documented cost of repairing the vehicle for
safe operation on the highway does not exceed sixty percent (60%) of
the fair market value of the vehicle as defined in this section, the
certificate of title shall be reissued to the holder and the vehicle
shall not be subject to inspection as required under this section.
The actual documented cost of repairing the vehicle pursuant to this
paragraph shall be certified by the insurance company paying the
loss.
    D.  If a motor vehicle with a salvage title is placed in
operative condition, application shall be made to the Tax Commission
or a motor license agent for a rebuilt title.  A visual inspection of
the vehicle and examination of the vehicle identification numbers
shall be conducted prior to the issuance of a rebuilt title.  At the
time of issuance, the salvage title shall be returned to the Tax
Commission by the owner, or by the motor license agent if the motor
license agent issues the rebuilt title.  A visual inspection shall
also be made of any out-of-state vehicle to be registered and titled
in this state if the vehicle is within the class of vehicles for
which a rebuilt title is required and a similar inspection has not
been conducted by another state.  The certificate of title for the
rebuilt vehicle shall be stamped with the words, "This Rebuilt
Vehicle Has Been Inspected By The Appropriate State Official".
    E.  1.  The visual inspections and examination of vehicle
identification numbers shall include, but not be limited to:
         a.   comparison of the vehicle identification numbers with
              the number recorded on the ownership records,
         b.   inspection of the vehicle identification numbers and
              the VIN plate to detect possible alteration or other
              fraud,
         c.   interpretation of the vehicle identification number
              recorded on the ownership documents to assure that it
              accurately describes the motor vehicle in question, and
         d.   inspection of the odometer of the vehicle to detect
              rollback or alteration.
    2.  All vehicle damage shall be repaired before the examination
is conducted.  The following paperwork shall be presented to the
motor licence agent:  the salvage title and original receipts for all
parts placed on the vehicle.  Components such as doors, motor, and
transmission shall indicate the serial number or the vehicle
identification number (VIN) of the auto the part was purchased from
or removed from.
    3.  The motor license agent shall require documentation that the
inspection required by Section 851 et seq. of this title has been
performed on the vehicle within thirty (30) days of the motor license
agent's inspection.  The inspection shall not be required for any
motor vehicle registered pursuant to the provisions of Section 1120
of this title or any trailer or semitrailer registered pursuant to
the provisions of Section 1133 of this title.
    F.  The visual inspection and vehicle identification numbers
examination shall be performed by a motor license agent at the
location designated by the motor license agent.  If the location of
the inspection is not the place of business of the rebuilder, the
motor license agent shall issue a permit authorizing the applicant to
operate the vehicle upon the public streets, roads, and highways in
route to and from the designated location for the inspection.  The
inspection and examination shall be performed within ten (10) working
days after the owner of the vehicle requests the inspection and
examination.  Requests shall be made by completing the request form
prescribed and provided by the Oklahoma Tax Commission.
    G.  Inspection and examination of a rebuilt vehicle shall be
performed by a person employed by a motor license agent.
    H.  The fee for the examination by the motor license agent shall
be Twenty-five Dollars ($25.00), which shall be paid at the time of
issuance of the certificate of title for the rebuilt vehicle.  The
motor license agent shall retain Five Dollars ($5.00) and shall remit
Twenty Dollars ($20.00) to the Oklahoma Tax Commission which shall
retain Ten Dollars ($10.00) and transmit Ten Dollars ($10.00) to the
State Treasurer for deposit in the Department of Public Safety
Revolving Fund.  The motor license agent and its employees and agents
may not be sued for and shall not be liable for any damages allegedly
arising out of the inspection of a vehicle or any acts or omissions
in the performance of the inspection.  The motor license agent may be
held liable for any damages to the vehicle caused by the negligent
acts or omissions in the performance of the inspection.  Any person
may be liable for any damages to a vehicle caused by the intentional
acts or omissions in the performance of the inspection.
    I.  The rebuilt title and any subsequent transfers of such title
shall also reflect that the vehicle was a salvage vehicle, flood-
damaged vehicle or recovered-theft vehicle, if applicable, and also
shall include the salvage date.
    J.  Any title for a motor vehicle issued pursuant to the laws of
any other state which reflects that such vehicle is a salvage
vehicle, a rebuilt vehicle or a junked vehicle or has any other brand
or classification notation by that state shall be retained on the new
title issued by the Oklahoma Tax Commission unless the actual
documented cost of repairing the vehicle for safe operation on the
highway does not exceed sixty percent (60%) of the fair market value
of the vehicle as provided by this section.
    K.  When the insurance company pays a loss on a vehicle which is
registered at the time of mishap, accident, burning, or flooding, the
appropriate certificate of title shall be issued without the payment
of additional registration fees or excise taxes, upon the submission
of a police report or insurance adjuster's report and a declaration
by the insurer that the vehicle is held for sale to a dealer.  If the
owner of the vehicle or other insured retains ownership of the
damaged vehicle, the Oklahoma Tax Commission shall notify the owner
or insured of the requirements of this section.
    L.  Any insurance company that pays a claim for a loss where the
cost of repairing the vehicle for safe operation on the highway
exceeds sixty percent (60%) of the market value of the vehicle or
pays a claim for a flood-damaged vehicle as defined in Section 1105
of this title shall notify, in writing, the holder of the certificate
of title of the requirements of this section and shall notify the
Oklahoma Tax Commission of the payment of such claim.  The insurance
company shall also send a copy of the notification to the holder of
the title.  The Oklahoma Tax Commission shall provide notice to the
owner of the vehicle in writing requiring the owner to surrender the
title along with the fee to the Tax Commission or one of its motor
license agents within thirty (30) days from the receipt of notice for
the issuance of the appropriate title based on the amount of loss.
The Tax Commission shall reissue the appropriate title with the words
"Flood Damaged" on the face of the title in the case of a flood-
damaged vehicle; provided, no insurance company shall pay a claim for
less than the amount to which the holder of the certificate of title
is rightfully entitled in order to avoid compliance with this
section.
    M.  Except as provided for in subsection N of this section, any
person, firm, corporation, or other legal entity convicted of
violating any provision of this section shall be guilty of a
misdemeanor and shall be punished by a fine of not less than Three
Hundred Dollars ($300.00) or by incarceration in the county jail for
not more than six (6) months, or by both the fine and incarceration.
    N.  Any owner of a titled vehicle who has knowledge that the
title is not the proper type for the vehicle and, with intent to
misrepresent the vehicle, fails to make the appropriate title
changes, shall be guilty of a misdemeanor.  Any person who has
knowledge that the title is not the proper type for the vehicle, and
with intent to misrepresent the vehicle, buys or receives any vehicle
for which the appropriate title changes have not been made as
required by this act shall be guilty of a misdemeanor.  Any person
found guilty in accordance with the provisions of this subsection
shall be punished by a fine of not more than One Thousand Dollars
($1,000.00) for the first offense or Five Thousand Dollars
($5,000.00) for the second or subsequent offense, or by imprisonment
in the county jail for a term not exceeding six (6) months, or by
both such fine and imprisonment.
    O.  Any owner of a salvage or junked vehicle shall submit the
certificate of title to the Oklahoma Tax Commission or motor license
agent for issuance of an appropriate title.  Any holder of a
certificate of title issued by this state, to a vehicle which no
longer exists, shall surrender the certificate of title to the
Oklahoma Tax Commission for cancellation.  The vehicle identification
number on the canceled certificate of title shall be preserved in the
computer of the Oklahoma Tax Commission for at least five (5) years.
    Nothing in this section shall be construed to prevent the
transfer of ownership of a vehicle by assignment of the title to a
used car dealer, wholesale used car dealer, or a licensed automotive
dismantler or parts recycler.



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