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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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