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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.
   

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