[Previous] [Next]

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.
   

[Previous] [Next]