38 | | - | [ vehicle inspections - prohibition - inspection |
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39 | | - | requirement - fee - effective date ] |
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| 42 | + | |
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| 43 | + | An Act relating to vehicle inspections; amending 47 |
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| 44 | + | O.S. 2021, Section 110 5, as last amended by Section |
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| 45 | + | 110, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
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| 46 | + | Section 1105), which relates to definitions ; |
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| 47 | + | modifying certain prohibition; removing certain |
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| 48 | + | inspection requirement; requiring certain inspection |
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| 49 | + | guideline; modifying certain inspection requirement; |
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| 50 | + | authorizing certain inspections; requiring certain |
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| 51 | + | fee; authorizing certain inspection authority |
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| 52 | + | suspension and revocation; and providing an effective |
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| 53 | + | date. |
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| 54 | + | |
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40 | 55 | | |
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41 | 56 | | |
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42 | 57 | | |
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43 | 58 | | |
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44 | 59 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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45 | 60 | | SECTION 1. AMENDATORY 47 O.S. 2021, Section 1105, as |
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46 | 61 | | last amended by Section 110, Chapter 282, O.S.L. 2022 (47 O.S. Supp. |
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47 | 62 | | 2022, Section 1105), is amended to read as follows: |
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48 | 63 | | Section 1105. A. As used in the Oklahoma Vehicle License and |
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49 | 64 | | Registration Act: |
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50 | 65 | | 1. “Salvage vehicle” means any vehicle which is within the last |
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51 | 66 | | ten (10) model years and which has been damaged by collision or |
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52 | 67 | | other occurrence to the extent that the cost of repairing the |
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53 | | - | vehicle for safe operation on the highway e xceeds sixty percent |
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54 | | - | (60%) of its fair ma rket value, as defined by Section 1111 of this |
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55 | | - | title, immediately prior to the damage. For purposes of this |
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56 | | - | section, actual repair costs shall only include labor and parts for |
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57 | | - | actual damage to the suspension, motor , transmission, frame or |
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58 | | - | unibody and designated structural components; |
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| 95 | + | vehicle for safe operation on the highway exceeds sixty perce nt |
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| 96 | + | (60%) of its fair ma rket value, as defined by Section 1111 of this |
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| 97 | + | title, immediately prior to the damage. For purposes of this |
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| 98 | + | section, actual repair costs shall only include labor and parts for |
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| 99 | + | actual damage to the suspension, motor, transmission, fr ame or |
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| 100 | + | unibody and designated structural components; |
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85 | 101 | | 2. “Rebuilt vehicle” means any salvage vehicle which has been |
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86 | 102 | | rebuilt and inspected for the purpose of registration and title; |
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87 | 103 | | 3. “Flood-damaged vehicle” means a salvage or rebuilt vehicle |
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88 | 104 | | which was damaged by flooding or a vehicle which was submerged at a |
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89 | 105 | | level to or above the dashboa rd of the vehicle and on which an |
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90 | 106 | | amount of loss was paid by the insurer; |
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91 | 107 | | 4. “Unidentifiable” means that the uniqueness of a motor |
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92 | 108 | | vehicle or motor vehicle part canno t be established by either expert |
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93 | 109 | | law enforcement investigative personnel specially trained and |
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94 | 110 | | experienced in motor vehicle theft investigative pro cedures and |
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95 | 111 | | motor vehicle identification examination techniques , or by expert |
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96 | 112 | | employees of not-for-profit motor vehicle theft prevention agencies |
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97 | 113 | | specially trained and experienced in motor vehi cle theft |
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98 | 114 | | investigative procedures and motor vehicle identification |
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99 | 115 | | examination techniques; |
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100 | 116 | | 5. “Unrecovered-theft vehicle” means a vehicle which has been |
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101 | 117 | | stolen and not yet recovered; |
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134 | 151 | | B. The owner of every vehicle in this state shall possess a |
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135 | 152 | | certificate of title as proof of ownership of such vehicle, except |
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136 | 153 | | those vehicles registered pursuant to Section 1120 of this title and |
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137 | 154 | | trailers registered pursuant to Section 1133 of this title, |
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138 | 155 | | previously titled by anyone in another state and engaged in |
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139 | 156 | | interstate commerce, and except as provided in subsection M of this |
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140 | 157 | | section. Except for owners that possess an agricult ural exemption |
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141 | 158 | | permit pursuant to Section 1358.1 of Title 68 of the Oklahoma |
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142 | 159 | | Statutes, the owner of an all -terrain vehicle or a motorcycle used |
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143 | 160 | | exclusively off roads or highways in this state which is purchased |
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144 | 161 | | or the ownership of which is transferred on o r after July 1, 2005, |
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145 | 162 | | and the owner of a utility vehicle used exclusively off roads a nd |
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146 | 163 | | highways in this state which is purchased or the ownership of which |
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147 | 164 | | is transferred on or after July 1, 2008, shall possess a certificate |
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148 | 165 | | of title as proof of ownership. Any person possessing an |
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149 | 166 | | agricultural exemption permit and owning an all -terrain vehicle or a |
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150 | 167 | | motorcycle used exclusively off roads or highways in this state |
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151 | 168 | | which is purchased or the ownership of which is transferred on or |
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152 | | - | after July 1, 2008, shall poss ess a certificate of title as proof of |
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153 | | - | ownership. Upon receipt of proper application information by such |
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154 | | - | owner, Service Oklahoma shall issue an original or transfer |
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155 | | - | certificate of title. Until July 1, 2008, any secur ity interest in |
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156 | | - | an all-terrain vehicle that attached and was perfected before July |
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157 | | - | 1, 2005, and that has not otherwise term inated shall remain |
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| 196 | + | after July 1, 2008, shall poss ess a certificate of title as proof of |
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| 197 | + | ownership. Upon receipt of proper application information by such |
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| 198 | + | owner, Service Oklahoma shall issue an original or transfer |
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| 199 | + | certificate of title. Until July 1, 2008, any security interest in |
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| 200 | + | an all-terrain vehicle that attached and was perfected before July |
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| 201 | + | 1, 2005, and that has not otherwise term inated shall remain |
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184 | 202 | | perfected, and shall take priority over any subsequently perfected |
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185 | 203 | | security interest in the same all -terrain vehicle, notwithstanding |
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186 | 204 | | that a certificate of title may have been issued with respect to the |
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187 | 205 | | same all-terrain vehicle on or af ter July 1, 2005, and that a lien |
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188 | 206 | | may have been recorded on said certificate of title. There shall be |
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189 | 207 | | eight types of certificates of title: |
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190 | 208 | | 1. Original title for any mot or vehicle which is not a |
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191 | 209 | | remanufactured, salvage, unrecovered -theft, rebuilt, rebodi ed or |
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192 | 210 | | junked vehicle; |
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193 | 211 | | 2. Salvage title for any motor vehicle which is a salvage |
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194 | 212 | | vehicle or is specified as a salvage vehicle or the equivalent |
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195 | 213 | | thereof on a certificate of title from another state; |
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196 | 214 | | 3. Rebuilt title for any motor vehicle which is a rebuilt |
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197 | 215 | | vehicle; |
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198 | 216 | | 4. Junked title for any motor vehicle which is a junked vehicle |
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199 | 217 | | or is specified as a junked vehicle or the equivalent thereof on a |
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200 | 218 | | certificate of title from ano ther state; |
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233 | 252 | | 8. Rebodied title for any motor vehicle whi ch is a rebodied |
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234 | 253 | | vehicle. |
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235 | 254 | | Application for a certificate of title, whether the initial |
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236 | 255 | | certificate of title or a duplicate, may be made to Service Oklahoma |
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237 | 256 | | or any licensed operator. When application is made with a licensed |
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238 | 257 | | operator, the application informa tion shall be transmitted either |
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239 | 258 | | electronically or by mail to Service Oklahoma by the licensed |
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240 | 259 | | operator. If the application information is transmitted |
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241 | 260 | | electronically, the licensed operator shall forward the required |
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242 | 261 | | application along with evidence of owne rship, where required, by |
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243 | 262 | | mail. Where the transmission of application information cannot be |
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244 | 263 | | performed electronically, Service Oklahoma is authorized to provide |
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245 | 264 | | postage paid envelopes to licensed operators for the purpose of |
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246 | 265 | | mailing the application along w ith evidence of ownership, where |
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247 | 266 | | required. Service Oklahoma shall upon receipt of proper application |
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248 | 267 | | information issue an Oklahoma certificate of title. The |
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249 | 268 | | certificates may be mailed to the applicant. Upon issuance of a |
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283 | 303 | | c. the motor number and the date on which first sold by |
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284 | 304 | | the manufacturer or dealer to the owner, |
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285 | 305 | | d. any distinguishing marks, |
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286 | 306 | | e. a statement of the applicant’s source of title, |
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287 | 307 | | f. any security interest u pon the vehicle, and |
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288 | 308 | | g. such other information as Service Oklahoma may |
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289 | 309 | | require. |
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290 | 310 | | 2. The application for a certificate of title for a vehicle |
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291 | 311 | | which is within the last seven (7) model years shall require a |
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292 | 312 | | declaration as to whether the vehicle has been damag ed by collision |
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293 | 313 | | or other occurrence and whether the vehicle has been recovered from |
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294 | 314 | | theft and the extent of the damage to the vehicle. The declaration |
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295 | 315 | | shall be made by the owner of a vehicle if: |
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296 | 316 | | a. the vehicle has been damaged or stolen, |
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297 | 317 | | b. the owner did or did not receive any payment for the |
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298 | 318 | | loss from an insurer, or |
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299 | | - | c. the vehicle is titled or registered in a state that |
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300 | | - | does not classify the vehicle or brand the title |
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301 | | - | because of damage to or loss of the vehicle similar to |
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302 | | - | the classifications or brands uti lized by this state. |
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303 | | - | The declaration shall be based upon the best information and |
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304 | | - | knowledge of the owner and shall be in addition to the requirements |
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305 | | - | specified in paragraph 1 of this subsection. Service Oklahoma shall |
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306 | | - | not issue a certificate of title for a vehicle which is subject to |
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| 346 | + | c. the vehicle is titled or registered in a state that |
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| 347 | + | does not classify the vehicle or brand the title |
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| 348 | + | because of damage to or loss of the vehicle similar to |
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| 349 | + | the classifications or brands uti lized by this state. |
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| 350 | + | The declaration shall be based upon the best information and |
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| 351 | + | knowledge of the owner and shall be in addition to the requirements |
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| 352 | + | specified in paragraph 1 of this subsection. Service Oklahoma shall |
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| 353 | + | not issue a certificate of title for a vehicle which is subject to |
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333 | 354 | | the provisions of this paragraph without the required declaration, |
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334 | 355 | | completed and signed by the owner of the vehicle. Upon rece ipt of |
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335 | 356 | | an application without the properly completed declaration, Service |
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336 | 357 | | Oklahoma shall return the application to the applicant with notice |
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337 | 358 | | that the title may not be issued without the required declaration. |
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338 | 359 | | Nothing in this paragraph shall prohibit Servic e Oklahoma from |
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339 | 360 | | recognizing the type of or brand on a title or other ownership |
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340 | 361 | | document issued by a nother state or the inspection conducted in |
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341 | 362 | | another state and issuing the appropriate certificate of title for |
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342 | 363 | | the vehicle. |
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343 | 364 | | 3. The certificate of title shal l have the following security |
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344 | 365 | | features: |
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345 | 366 | | a. intaglio printing or security thread, with or without |
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346 | 367 | | watermark, |
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347 | 368 | | b. latent images, |
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348 | 369 | | c. fluorescent inks, |
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383 | 405 | | of this section. Th e title shall be on colored paper or other |
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384 | 406 | | material as designated by Service Oklahoma and be of suc h intensity |
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385 | 407 | | or hue as will allow easy identification as to whether the title is |
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386 | 408 | | an original title, a salvage title, a rebuilt title, remanufactured |
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387 | 409 | | title, rebodied title or a junked title. The type of title shall be |
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388 | 410 | | identified on the front of the certific ate of title. The original |
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389 | 411 | | title, rebuilt title, remanufactured title, an unrecovered -theft |
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390 | 412 | | title, rebodied title or classic title shall be identified by th e |
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391 | 413 | | word “Original”, “Rebuilt”, “Remanufactured”, “Unrecovered Theft”, |
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392 | 414 | | “Rebodied” or “Classic” printed in the upper right quadrant of the |
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393 | 415 | | certificate of title, in the space which is currently captioned |
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394 | 416 | | “type of title”. A rebodied title shall also identify o n the front |
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395 | 417 | | of the title the year, make and model of the originally manufactured |
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396 | 418 | | vehicle which has been rebodied and display a notation that reads as |
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397 | 419 | | follows: “This vehicle has been assembled with new major components |
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398 | 420 | | licensed by the original manufacturer. ” |
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399 | | - | D. 1. To obtain an original certificate of title for a vehicle |
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400 | | - | that is being registered for the first time in this state which has |
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401 | | - | not been previously registered in any other state, the applicant |
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402 | | - | shall be required to deliver, as evidence of ownership, a |
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403 | | - | manufacturer’s certificate of origin properly assigned by the |
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404 | | - | manufacturer, distributor, or deale r licensed in this or any other |
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405 | | - | state shown thereon to be the last transferee to the applicant upon |
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| 448 | + | D. 1. To obtain an original certificate of title for a vehicle |
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| 449 | + | that is being registered for the first time in this state which has |
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| 450 | + | not been previously registered in any other state, the applicant |
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| 451 | + | shall be required to deliver, as evidence of ownership, a |
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| 452 | + | manufacturer’s certificate of origin properly assigned by the |
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| 453 | + | manufacturer, distributor, or deale r licensed in this or any other |
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| 454 | + | state shown thereon to be the last transferee to the applicant upon |
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432 | 455 | | a form to be prescribed and approved by Service Oklahoma. A |
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433 | 456 | | manufacturer’s certificate of origin shall contain: |
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434 | 457 | | a. the manufacturer’s serial or other ident ification |
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435 | 458 | | number, |
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436 | 459 | | b. date on which first sold by the manufacturer to the |
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437 | 460 | | dealer, |
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438 | 461 | | c. any distinguishing marks including model and the year |
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439 | 462 | | same was made, |
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440 | 463 | | d. a statement of any security interests upon the |
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441 | 464 | | vehicle, and |
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442 | 465 | | e. such other information as Service Okl ahoma may |
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443 | 466 | | require. |
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444 | 467 | | 2. The manufacturer ’s certificate of origin shall have the |
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445 | 468 | | following security features: |
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446 | 469 | | a. intaglio printing or security thread, with or without |
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447 | 470 | | watermark, |
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448 | 471 | | b. latent images, |
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482 | 506 | | the applicant upon payment of all fees and taxes, and the remaining |
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483 | 507 | | copies shall be permanently filed and indexed by Service Oklahoma. |
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484 | 508 | | Service Oklahoma shall assign an identifying number to any rebuilt |
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485 | 509 | | vehicle if the vehicle identification number displ ayed on the |
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486 | 510 | | rebuilt vehicle does not accurately describe the vehicle as rebuilt. |
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487 | 511 | | The licensed operator, at the time of inspection of the rebuilt |
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488 | 512 | | vehicle pursuant to Secti on 1111 of this title, shall identify the |
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489 | 513 | | make, model, and year for the body to accur ately describe the |
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490 | 514 | | rebuilt vehicle. At the time of the inspection, an appropriate |
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491 | 515 | | identifying number shall be permanent ly stamped, burned, pressed, or |
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492 | 516 | | attached on the rebuilt vehicle. The assigned identifying number |
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493 | 517 | | shall be recorded on the certificate o f title for the rebuilt |
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494 | 518 | | vehicle. The dealer ’s or manufacturer’s vehicle identification |
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495 | 519 | | number on the rebuilt vehicle sh all be preserved in the computer |
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496 | 520 | | files of Service Oklahoma for at least five (5) years. |
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497 | 521 | | F. When registering for the first time in this state a vehicle |
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498 | 522 | | which was not originally manufactured for sale in the United States, |
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532 | 557 | | 2. As evidence of compliance with federal law, copies of t he |
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533 | 558 | | bond release letters for the vehicle issued by the United States |
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534 | 559 | | Environmental Protection Agency and the United State s Department of |
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535 | 560 | | Transportation, together with a rec eipt issued by the Internal |
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536 | 561 | | Revenue Service indicating that the applicable federal ga s guzzler |
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537 | 562 | | tax has been paid. |
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538 | 563 | | Service Oklahoma shall not issue a certificate of title for a |
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539 | 564 | | vehicle which is subject to t he provisions of this paragraph without |
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540 | 565 | | the required documentation from agencies of the United States and |
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541 | 566 | | evidence of ownership. Upon r eceipt of an application without the |
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542 | 567 | | required documentation, Service Oklahoma shall return the |
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543 | 568 | | application to the applic ant with notice that the certificate of |
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544 | 569 | | title may not be issued without the required documentation. Nothing |
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545 | 570 | | in this paragraph shall pro hibit Service Oklahoma from issuing |
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546 | 571 | | certificates of title for antique or classic vehicles not driven |
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547 | 572 | | upon the public streets, roads, or highways, for mini -trucks |
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548 | | - | registered pursuant to Section 1151.3 of this title, or for medium - |
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549 | | - | speed electric vehicles. |
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550 | | - | G. When registering in this state a vehicle which was titled in |
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551 | | - | another state and which title contains the name of a secu red party |
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552 | | - | on the face of the other state certificat e of title, or such state |
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553 | | - | certificate is being held by the secured party in that stat e or any |
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554 | | - | other state, Service Oklahoma or the licensed operator shall |
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555 | | - | complete a lien entry form as prescribed by Servic e Oklahoma. The |
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| 600 | + | registered pursuant to Section 1151.3 of this title, or for medium - |
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| 601 | + | speed electric vehicles. |
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| 602 | + | G. When registering in this state a vehicle which was titled in |
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| 603 | + | another state and which title contains the name of a secu red party |
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| 604 | + | on the face of the other state certificat e of title, or such state |
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| 605 | + | certificate is being held by the secured party in that stat e or any |
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| 606 | + | other state, Service Oklahoma or the licensed operator shall |
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| 607 | + | complete a lien entry form as prescribed by Servic e Oklahoma. The |
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582 | 608 | | owner of such vehicle shall file a n affidavit with Service Oklahoma |
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583 | 609 | | or the licensed operator stating that title to the vehicle is being |
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584 | 610 | | held by a secured party, has not been issued pursuant to the laws of |
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585 | 611 | | the state where titled, and that t here is an existing lien or |
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586 | 612 | | encumbrance on the vehi cle. The current name and address of the |
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587 | 613 | | secured party or lienholder shall also be s tated in the affidavit. |
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588 | 614 | | The form of the affidavit shall be prescribed by Service Oklahoma |
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589 | 615 | | and contain any other informa tion deemed necessary by Service |
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590 | 616 | | Oklahoma. A statement of the lien or encumbrance shall be included |
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591 | 617 | | on the Oklahoma certificate of titl e and the lien or encumbrance |
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592 | 618 | | shall be deemed continuously perfected as though it had been |
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593 | 619 | | perfected pursuant to Section 1110 of this title. For completing |
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594 | 620 | | the lien entry form and recording the security interest on the |
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595 | 621 | | certificate of title, Service Oklaho ma or the licensed operator |
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596 | 622 | | shall collect a fee of Three Dollars ($3.00) which shall be in |
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597 | 623 | | addition to other fees provid ed by the Oklahoma Vehicle License and |
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598 | | - | Registration Act. The fee, if collected by the licensed operator |
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599 | | - | pursuant to this subsection, sh all be retained by the licensed |
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600 | | - | operator. |
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601 | | - | H. The charge for each certificate of title issued, except for |
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602 | | - | junked titles as defined in paragraph 4 of subsection B of this |
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603 | | - | section, shall be Eleven Dollars ($11.00), which charge shall be in |
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604 | | - | addition to any other fees or taxes imposed by law for such vehicle. |
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605 | | - | One Dollar ($1.00) of each such charge shall be deposited in the |
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| 651 | + | Registration Act. The fee, if collected by the licensed operator |
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| 652 | + | pursuant to this subsection, sh all be retained by the licensed |
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| 653 | + | operator. |
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| 654 | + | H. The charge for each certificate of title issued, except for |
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| 655 | + | junked titles as defined in paragraph 4 of subsection B of this |
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| 656 | + | section, shall be Eleven Dollars ($11.00), which charge shall be in |
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| 657 | + | addition to any other fees or taxes imposed by law for such vehicle. |
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| 658 | + | One Dollar ($1.00) of each such charge shall be deposited in the |
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632 | 659 | | Oklahoma Tax Commission Reimbursement Fund through Dec ember 31, |
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633 | 660 | | 2022, and beginning January 1, 2023, it shall be deposited in the |
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634 | 661 | | Service Oklahoma Reimbursement Fund. However, the charge shall not |
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635 | 662 | | apply to any vehicle which is to be registered in this state |
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636 | 663 | | pursuant to the provisions of Section 1120 or 1133 of this title and |
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637 | 664 | | which was registered in another state at least sixty (60) days prio r |
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638 | 665 | | to the time it is required to be registered in this state. When an |
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639 | 666 | | insurer requests a salvage or junk title in the na me of the insurer |
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640 | 667 | | resulting from the settlement of a total loss claim and upon |
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641 | 668 | | presentation of appropriate proof of loss documentation a s required |
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642 | 669 | | by Service Oklahoma, such transfer may be processed as one title |
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643 | 670 | | transaction, without first requiring issuanc e of a replacement |
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644 | 671 | | certificate of title in the name of the vehicle owner. The fee |
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645 | 672 | | shall be Twenty-two Dollars ($22.00). Two Dollars ($ 2.00) of this |
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646 | 673 | | fee shall be deposited in the Oklahoma Tax Commission Reimbursement |
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647 | 674 | | Fund. |
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648 | | - | I. The vehicle identification n umber of a junked vehicle shall |
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649 | | - | be preserved in the computer files of Service Oklahoma for a period |
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650 | | - | of not less than five (5) years. Th e charge of junked titles as |
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651 | | - | defined in paragraph 4 of subsection B of this section shall be Four |
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652 | | - | Dollars ($4.00). The fee remitted to the Tax Commission shall be |
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653 | | - | deposited in the Oklahoma Tax Commission Reimbursement Fund through |
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654 | | - | December 31, 2022, and b eginning January 1, 2023, this fee shall be |
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655 | | - | deposited in the Service Oklahoma Reimbursement Fund. |
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| 702 | + | I. The vehicle identification n umber of a junked vehicle shall |
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| 703 | + | be preserved in the computer files of Service Oklahoma for a period |
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| 704 | + | of not less than five (5) years. Th e charge of junked titles as |
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| 705 | + | defined in paragraph 4 of subsection B of this section shall be Four |
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| 706 | + | Dollars ($4.00). The fee remitted to the Tax Commission shall be |
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| 707 | + | deposited in the Oklahoma Tax Commission Reimbursement Fund through |
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| 708 | + | December 31, 2022, and b eginning January 1, 2023, this fee shall be |
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| 709 | + | deposited in the Service Oklahoma Reimbursement Fund. |
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682 | 710 | | J. If a vehicle is so ld to a resident of another state |
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683 | 711 | | destroyed, dismantled, or ceases to be used as a vehicle, the owner |
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684 | 712 | | shall immediately notify Service O klahoma. Absent evidence to the |
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685 | 713 | | contrary, failure to notify Service Oklahoma shall be prima facie |
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686 | 714 | | evidence that the veh icle has been in continuous operation in this |
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687 | 715 | | state. |
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688 | 716 | | K. If a vehicle is stolen, the owner shall immediately notify |
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689 | 717 | | the appropriate law enforcement agency. Immediately after receiving |
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690 | 718 | | such notification, the law enforcement agency shall notify Service |
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691 | 719 | | Oklahoma. |
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692 | 720 | | L. Except for all-terrain vehicles, utility vehicles and |
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693 | 721 | | motorcycles used exclusively for off-road use, no title for an out - |
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694 | 722 | | of-state vehicle, except any commercial truck or truck -tractor |
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695 | 723 | | registered pursuant to Section 1120 of this title which is eng aged |
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696 | 724 | | in interstate commerce or any trailer or semit railer registered |
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697 | 725 | | pursuant to Section 1133 of this title which is engaged in |
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730 | 759 | | 2. Have been solely used as vehicles for rent under the |
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731 | 760 | | ownership of a licensed motor vehicle dealer or a person engaged in |
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732 | 761 | | the business of renting moto r vehicles; or |
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733 | 762 | | 3. Have not been registered in this or any other state for more |
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734 | 763 | | than one (1) year. |
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735 | 764 | | The inspection shall include a comparison of the vehicle |
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736 | 765 | | identification number on the vehicle with the number recorded on the |
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737 | 766 | | ownership records and the recor ding of the actual odometer reading |
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738 | 767 | | on the vehicle. The four -dollar fee shall be collected by the |
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739 | 768 | | licensed operator or Service Oklahoma when the title is issued. The |
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740 | 769 | | licensed operator shall retain Two Dollars ($2.00). The remaining |
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741 | 770 | | Two Dollars ($2.00) s hall be deposited in the Oklahoma Tax |
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742 | 771 | | Commission Reimbursement Fund through December 31, 2022, and |
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743 | 772 | | beginning January 1, 2023, this fee shall be deposited in the |
---|
744 | 773 | | Service Oklahoma Reimbursement Fund. |
---|
745 | 774 | | Service Oklahoma may allow the inspection to be performed at a |
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746 | 775 | | location out-of-state by another state ’s department of motor |
---|
747 | 776 | | vehicles or state police. |
---|
780 | 810 | | reading on the vehicle by a person employed thereby or a licensed |
---|
781 | 811 | | operator. Upon request of the seller, person or entity conducting |
---|
782 | 812 | | an auction, dealer or licensed dismantler, the inspection shall be |
---|
783 | 813 | | conducted at the location or place of business of the sale, auction, |
---|
784 | 814 | | dealer, or the dismantler. The inspection shall be conducted by any |
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785 | 815 | | licensed operator or a duly authorized employee thereof; provided, |
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786 | 816 | | if If the vehicle identification number on the v ehicle offered for |
---|
787 | 817 | | sale or at salvage pools, salvage disposal sales or a cl assic or |
---|
788 | 818 | | antique auction does not match the number recorded on the ownership |
---|
789 | 819 | | record, the an inspection may shall be conducted at the location of |
---|
790 | 820 | | or place of business of such sale or auction by any state, county or |
---|
791 | 821 | | city law enforcement officer or an agent of the National Insurance |
---|
792 | 822 | | Crime Bureau at the location of or pl ace of business of such sale or |
---|
793 | 823 | | auction or as specified by the state, county, or city law |
---|
794 | 824 | | enforcement officer or agent of the National Insurance Crime Bureau. |
---|
795 | 825 | | Service Oklahoma may enter into reciprocal agreements with other |
---|
796 | 826 | | states for authorize such inspections to be performed at locations |
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797 | 827 | | outside the boundaries of this state for vehicles which: |
---|
830 | 861 | | The inspection shall be certified upon forms prescribed by Service |
---|
831 | 862 | | Oklahoma. The name and other identification of the authorized |
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832 | 863 | | person conducting the inspection shall be legibly printed or typed |
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833 | 864 | | on the form. Prior to any inspection by any employe e of a licensed |
---|
834 | 865 | | operator, the licensed operator shall notify Service Oklaho ma of the |
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835 | 866 | | name and any other identification information reques ted by Service |
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836 | 867 | | Oklahoma of the authorized person. A signature specimen of the |
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837 | 868 | | authorized person shall be submitted to Service Oklahoma by the |
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838 | 869 | | employing licensed operator. If the authorization to inspect |
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839 | 870 | | vehicles is withdrawn or the employer -employee relationship is |
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840 | 871 | | terminated, the licensed operator, immediately, shall notify Service |
---|
841 | 872 | | Oklahoma and return any remaining insp ection forms to Service |
---|
842 | 873 | | Oklahoma. The fee for the inspection performed by a licensed |
---|
843 | 874 | | operator shall be Four Dollars ($4.00). The licens ed operator shall |
---|
844 | 875 | | retain Three Dollars ($3.00) of the fee. The fee for an inspection |
---|
845 | 876 | | performed by employees of salvage pools, salvage disposal sales, |
---|
846 | 877 | | auctions, dealers, or licensed automotive dismantler and parts |
---|
847 | 878 | | recyclers shall be One Dollar ($1.00) and shall not be retained but |
---|
880 | 912 | | vehicles to be sold within this state at a motor v ehicle auction |
---|
881 | 913 | | which is limited to dealer-to-dealer transactions shall not be |
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882 | 914 | | required to be inspected, unless the vehicle is purchased by an |
---|
883 | 915 | | Oklahoma dealer. Any person licensed in another state to sell new |
---|
884 | 916 | | or used motor vehicles, who offers a motor vehi cle for sale within |
---|
885 | 917 | | this state at a motor vehicle auction which is limited to dealer -to- |
---|
886 | 918 | | dealer transactions, shall not be within the de finition of “owner” |
---|
887 | 919 | | in Section 1102 of this title, for purposes of Section 1101 et seq. |
---|
888 | 920 | | of this title. If Service Oklahoma or another Okl ahoma agency |
---|
889 | 921 | | issuing a license to a person authorized by this section to per form |
---|
890 | 922 | | an inspection determines that a perso n has not complied with this |
---|
891 | 923 | | section, falsified an inspection form, or does not obtain an |
---|
892 | 924 | | inspection if required, by any state, county, or city law |
---|
893 | 925 | | enforcement officer or an agent of the National Insurance Crime |
---|
894 | 926 | | Bureau, the person’s authority to perform an inspection under this |
---|
895 | 927 | | section may be suspended or revoked, or the person’s license to |
---|
896 | 928 | | conduct business may be suspended or revoked by the Oklahoma agen cy |
---|
897 | 929 | | issuing such license. |
---|
930 | 963 | | and twenty-five cents ($2.25) of the fee plus an additional Two |
---|
931 | 964 | | Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections |
---|
932 | 965 | | L and M of this section for performance of the inspection. Two |
---|
933 | 966 | | Dollars ($2.00) of the fee shall be deposited in the Service |
---|
934 | 967 | | Oklahoma Reimbursement Fund. An out-of-state vehicle which has been |
---|
935 | 968 | | rebuilt shall be inspected pursuant to the provisions of Sect ion |
---|
936 | 969 | | 1111 of this title. Service Oklahoma shall train license d operators |
---|
937 | 970 | | in interpreting vehicle identification numbers to assure that it |
---|
938 | 971 | | accurately describes the vehicle and to detect rollback or |
---|
939 | 972 | | alteration of the odometer. Failure of a licensed operator to |
---|
940 | 973 | | inspect the vehicle and make the required notations shall be a |
---|
941 | 974 | | misdemeanor punishable by a fine of not more than One Thousand |
---|
942 | 975 | | Dollars ($1,000.00) for the first offense and Five Thousand Dollars |
---|
943 | 976 | | ($5,000.00) for the second offense or subsequent offense, or by |
---|
944 | 977 | | imprisonment in the county jail for not more than six ( 6) months, or |
---|
945 | 978 | | by both such fine and imprisonment. |
---|
946 | 979 | | O. The ownership of any unrecovered vehicle which has been |
---|
947 | 980 | | declared a total loss by an insurer becaus e of theft shall be |
---|
980 | 1014 | | requirement of a visual inspe ction of the vehicle identification |
---|
981 | 1015 | | number by the insurer. Upon recovery of the vehicle, the ownership |
---|
982 | 1016 | | shall be transferred by an original title, salvage title, or junk ed |
---|
983 | 1017 | | title, as may be app ropriate based upon an estimate of the amount of |
---|
984 | 1018 | | loss submitted by the insurer. |
---|
985 | 1019 | | P. When an insurance company makes a total loss settlement on a |
---|
986 | 1020 | | total loss vehicle and the insurance company or a salvage pool |
---|
987 | 1021 | | authorized by the insuran ce company is unable to obtain the properly |
---|
988 | 1022 | | endorsed certificate of ownership or other evidence of ownership |
---|
989 | 1023 | | acceptable to Service Oklahoma within thirt y (30) days following |
---|
990 | 1024 | | acceptance by the own er of an offer of an amount in settlement of a |
---|
991 | 1025 | | total loss, that insurance company or salvage pool, on a form |
---|
992 | 1026 | | provided by Service Oklahoma and signed under penalty of perjury, |
---|
993 | 1027 | | may request Service Oklahoma to issue the applicable salvage title |
---|
994 | 1028 | | for the vehicle. The request shall include information declaring |
---|
995 | 1029 | | that the requester has made at l east two written attempts to obtain |
---|
996 | 1030 | | the certificate of ownership or other acceptable evidence of title. |
---|
997 | | - | Q. The owner of any vehi cle which is incapable of operation or |
---|
998 | | - | use on the public roads and has no resale va lue, except as parts, |
---|
999 | | - | scrap or junk, may del iver the certificate of title to the vehicle |
---|
1000 | | - | to Service Oklahoma for cancellation. Upon verification that any |
---|
1001 | | - | perfected lien against the vehicle has been released, the |
---|
1002 | | - | certificate of title shall be canceled with out any fee, charge, or |
---|
1003 | | - | cost required from t he owner. The vehicle identification numbers on |
---|
| 1058 | + | Q. The owner of any vehi cle which is incapable of operation or |
---|
| 1059 | + | use on the public roads and has no resale value, except as parts, |
---|
| 1060 | + | scrap or junk, may del iver the certificate of title to the vehicle |
---|
| 1061 | + | to Service Oklahoma for cancellation. Upon verification that any |
---|
| 1062 | + | perfected lien against the vehicle has been released, the |
---|
| 1063 | + | certificate of title shall be canceled without any fee, charge, or |
---|
| 1064 | + | cost required from t he owner. The vehicle identification numbers on |
---|
1030 | 1065 | | the certificates of title shall be preserved in the computer files |
---|
1031 | 1066 | | of Service Oklahoma for at least five (5) years from the date of |
---|
1032 | 1067 | | cancellation of the certificate of title. Service O klahoma shall |
---|
1033 | 1068 | | prescribe and provide an affidavit form to be completed by the owner |
---|
1034 | 1069 | | of any vehicle for which the certificate of title is canceled. No |
---|
1035 | 1070 | | title or registration shall subsequently be i ssued for a vehicle for |
---|
1036 | 1071 | | which the certificate of title has be en surrendered pursuant to this |
---|
1037 | 1072 | | subsection. Service Oklahoma shall prescribe a form fo r the |
---|
1038 | 1073 | | transfer of ownership of a vehicle for which the certificat e of |
---|
1039 | 1074 | | title has been canceled. |
---|
1040 | 1075 | | R. The owner of a vehicle which is not within the last ten (10) |
---|
1041 | 1076 | | model years, not roadworthy and not capable of repair for operation |
---|
1042 | 1077 | | or use on the roads and high ways, or a vehicle which is being sold |
---|
1043 | 1078 | | to a scrap metal dealer pu rsuant to Section 11-92 of Title 2 of the |
---|
1044 | 1079 | | Oklahoma Statutes, shall transfer the vehicle only upon a |
---|
1045 | 1080 | | certificate of ownership pr escribed by Service Oklahoma, if the |
---|
1046 | 1081 | | certificate of title to the vehicle is lost, has been canceled, or |
---|
1047 | | - | otherwise not available. The prescribed ownership form shall |
---|
1048 | | - | include the names and addresses of the buyer a nd seller, the driver |
---|
1049 | | - | license number or Soci al Security number of the seller, the make and |
---|
1050 | | - | model of the vehicle, and the public vehicle identification number. |
---|
1051 | | - | If there is no public vehicle identification number, the vehicle |
---|
1052 | | - | shall be inspected by a law enf orcement officer to verify the |
---|
1053 | | - | absence of the number on the vehicle and the prescribed ownership |
---|
| 1109 | + | otherwise not available. The prescribed ownership form shall |
---|
| 1110 | + | include the names and addresses of the buyer and seller, the driver |
---|
| 1111 | + | license number or Soci al Security number of the seller, the make and |
---|
| 1112 | + | model of the vehicle, and the public vehicle identification number. |
---|
| 1113 | + | If there is no public vehicle identification number, the vehicle |
---|
| 1114 | + | shall be inspected by a law enforcement officer to v erify the |
---|
| 1115 | + | absence of the number on the vehicle and the prescribed ownership |
---|
1080 | 1116 | | form shall include a signed statement, by such officer, verifying |
---|
1081 | 1117 | | the absence of the number. |
---|
1082 | 1118 | | The certificate of ownersh ip shall be completed in triplicate. |
---|
1083 | 1119 | | The buyer and seller sh all each retain a copy. Within thirty (30) |
---|
1084 | 1120 | | days of the transaction, the seller shall s ubmit one copy to Service |
---|
1085 | 1121 | | Oklahoma or a licensed operator accompa nied with a fee of Four |
---|
1086 | 1122 | | Dollars ($4.00). One Dollar ($1.00) shall be retained by the |
---|
1087 | 1123 | | licensed operator and Three Dollars ($3.0 0) shall be deposited in |
---|
1088 | 1124 | | the Oklahoma Tax Commission Reimburseme nt Fund in the State Treasury |
---|
1089 | 1125 | | through December 31, 2022, and begi nning January 1, 2023, this fee |
---|
1090 | 1126 | | shall be deposited in the Service Oklahoma Reimbursement Fund. |
---|
1091 | 1127 | | Upon receipt of the certificate, Service Oklahoma shall verify |
---|
1092 | 1128 | | that any perfected lien upon the vehicle has been released. If the |
---|
1093 | 1129 | | lien is not released, Service Oklahoma shall mail notice of the |
---|
1094 | 1130 | | transfer to the lienholder at the lienholder’s last-known address. |
---|
1095 | 1131 | | If a certificate of title has been issued, it shall be canceled and |
---|
1096 | 1132 | | the vehicle identific ation number shall be preserved in the computer |
---|
1097 | | - | of Service Oklahoma for at least five (5) years. The buyer of the |
---|
1098 | | - | vehicle may not be sued and shall not be liable for monetary damages |
---|
1099 | | - | to the lienholder, however, the vehicle shall be subject to a valid |
---|
1100 | | - | repossession by a lienholder. |
---|
1101 | | - | S. Service Oklahoma shall notify the c hief administrative |
---|
1102 | | - | officer of the agency o r department responsible for issuing mot or |
---|
1103 | | - | vehicle certificates of title in each sta te in the United States of |
---|
| 1160 | + | of Service Oklahoma for at least five (5) years. The buyer of the |
---|
| 1161 | + | vehicle may not be sued and shall not be liable for mo netary damages |
---|
| 1162 | + | to the lienholder, however, the vehicle shall be subject to a valid |
---|
| 1163 | + | repossession by a lienholder. |
---|
| 1164 | + | S. Service Oklahoma shall notify the c hief administrative |
---|
| 1165 | + | officer of the agency o r department responsible for issuing motor |
---|
| 1166 | + | vehicle certificates of title in each sta te in the United States of |
---|
1130 | 1167 | | the types of motor vehicle certificat e of title effective in |
---|
1131 | 1168 | | Oklahoma on and after January 1, 1989. |
---|
1132 | 1169 | | T. When registering for the first time in th is state a |
---|
1133 | 1170 | | remanufactured vehicle which has not been register ed in any other |
---|
1134 | 1171 | | state since its remanufacture, before issuing a certificate of |
---|
1135 | 1172 | | title, Service Oklahoma shall require the applicant to deliver a |
---|
1136 | 1173 | | statement of origin from the remanufacturer. |
---|
1137 | 1174 | | U. If a vehicle is sold to a foreign buyer pursuant to the |
---|
1138 | 1175 | | provisions of the Automotive D ismantlers and Parts Recycler Act, the |
---|
1139 | 1176 | | licensed seller shall sta mp the title with: “EXPORT ONLY. |
---|
1140 | 1177 | | NONTRANSFERABLE IN THE UNITED STATES.” The licensed seller shall |
---|
1141 | 1178 | | supply Service Oklahoma the title number, the vehicle identification |
---|
1142 | 1179 | | number and the foreign buyer’s bid identification number on a form |
---|
1143 | 1180 | | prescribed by Service Oklahoma. Service Oklahoma shall cancel the |
---|
1144 | 1181 | | title, and the vehicle identification number shall be preser ved in |
---|
1145 | 1182 | | the computer files of Service Oklahoma for a period of not less than |
---|
1146 | 1183 | | five (5) years. |
---|