DAR File No. 41702
This rule was published in the June 15, 2017, issue (Vol. 2017, No. 12) of the Utah State Bulletin.
Tax Commission, Motor Vehicle
Section R873-22M-2
Documentation Required and Procedures to Follow to Register or Title Certain Vehicles Pursuant to Utah Code Ann. Sections 41-1a-104 and 41-1a-108
Notice of Proposed Rule
(Amendment)
DAR File No.: 41702
Filed: 05/25/2017 11:38:36 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The proposed amendment conforms the section to Tax Commission practice.
Summary of the rule or change:
The proposed amendment deletes references to affidavits where affidavits are no longer required; updates the proof of notice required to title or register a vehicle foreclosed by advertisement to match current statutes; clarifies long-standing agency practice to require an indemnification agreement in all cases when satisfactory documentary evidence of ownership is lacking and the applicant has exhausted all normal means of obtaining evidence of ownership; and makes technical changes.
Statutory or constitutional authorization for this rule:
- Section 41-1a-108
- Section 41-1a-104
Anticipated cost or savings to:
the state budget:
None--The amendment reflects current agency practice.
local governments:
None--The amendment reflects current agency practice.
small businesses:
None--The amendment reflects current agency practice.
persons other than small businesses, businesses, or local governmental entities:
None--The amendment reflects current agency practice.
Compliance costs for affected persons:
None--The amendment reflects current agency practice.
Comments by the department head on the fiscal impact the rule may have on businesses:
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses.
Rebecca Rockwell, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Tax CommissionMotor Vehicle
210 N 1950 W
SALT LAKE CITY, UT 84134
Direct questions regarding this rule to:
- Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/17/2017
This rule may become effective on:
07/24/2017
Authorized by:
Rebecca Rockwell, Commissioner
RULE TEXT
R873. Tax Commission, Motor Vehicle.
R873-22M. Motor Vehicle.
R873-22M-2. Documentation Required and Procedures to Follow to Register or Title Certain Vehicles Pursuant to Utah Code Ann. Sections 41-1a-104 and 41-1a-108.
[A.](1) To title or register a vehicle previously registered in
a nontitle state, an applicant must submit both of the
following:
[1.](a) the last [certificate of ]registration
certificate;
and
[2.](b) a lien search from the recording jurisdiction or [an "Affidavit of Ownership"]form TC- 569A, Ownership Statement, in lieu of the lien
search.
[B.](2) To title or register a repossessed vehicle, an applicant
must submit both of the following:
[1.](a) the outstanding certificate of title, with the lien
recorded in favor of the repossessor;
and
[2.](b) [an approved affidavit of repossession]form TC-569B, Repossession Statement, signed by the lien
holder recorded on the certificate of title
or a similar statement or form.
[C.](3) To title or register a vehicle previously owned by the
U.S. [Government]government, an applicant must submit [a Certificate of Release of a Motor Vehicle,]U.S. government Standard Form No. 97.
[D.](4) To title or register a vehicle foreclosed by
advertisement, an applicant must submit each of the following:
[1.](a) a certificate of sale bearing the [notarized ]signature of the person who conducted
the sale. The certificate must contain the following
information:
[a.](i) date of sale;
[b.](ii) name of person to whom the vehicle was sold;
[c.](iii) complete description of the vehicle;
[d.](iv) amount due on the contract;
[e.](v) date that the amount due became delinquent; and
[f.](vi) amount received from the sale of the vehicle[.];
[2.](b) a copy of the notice sent to the owner and lien holder
of record;
and
[3.](c) proof that notice was published [two consecutive weeks prior to sale. If the notice was not
published in a newspaper, an affidavit of posting of notices must
be furnished. Posting must be at least ten days prior to
sale]in accordance with Sections 38-2-4 or 38-8-3, as
applicable.
[E.](5) To title or register a vehicle transferred by divorce
decree an applicant must submit each of the following:
[1.](a) a certified copy of the divorce decree;
[2.](b) the outstanding certificate of title;
and
[3.](c) the last registration certificate
for a nontitle state.
[F.](6) To title or register a vehicle when the current owner is
declared incompetent, an applicant must submit each of the
following:
[1.](a) the outstanding certificate of title, endorsed for
transfer by the guardian;
[2.](b) the last registration certificate
for a nontitle state;
and
[3.](c) a certified copy of the court order appointing the
guardian.
[G.](7) To title or register a vehicle purchased at impound
auction, an applicant must submit a certificate of sale that
contains the following information:
[1. legal basis under which the vehicle was impounded and
sold:]
[2.](a) a complete description of the vehicle;
[3.](b) name of the purchaser;
and
[4.](c) the [notarized ]signature of the state, city, or county
official who conducted the sale.
[H.](8) To title or register a vehicle transferred pursuant to a
power of attorney, an applicant must submit the [properly notarized ]power of attorney to the Tax
Commission.
[I.](9) To title or register a vehicle transferred from a
deceased owner when [a survivorship affidavit is not applicable]form TC-569C, Survivorship Affidavit, does not apply, the
applicant must submit the outstanding certificate of title [and]or the last registration [card]certificate for a nontitle state. In addition, the applicant
must submit one of the following:
[1.](a) a certified copy of the final decree of
distribution;
[2.](b) an order from the court confirming sale;
or
[3.](c)(i) an endorsement on the title by the administrator,
executor, or personal representative with a certified copy of
letters of administration, letters testamentary, or letters
appointing a personal representative attached.
[a.](ii) When the title is issued in joint ownership where the
owners names are connected with "and" or [a ]"/"
, the survivor may transfer ownership by endorsement only
and by furnishing proof of death of the other joint owner.
[J.](10)(a) [The Tax Commission may issue a title or a dismantle permit
upon receipt of a court order or upon receipt of an affidavit and
surety bond when]When satisfactory documentary evidence of ownership is
lacking and the applicant has exhausted all normal means of
obtaining evidence of ownership
, the Tax Commission may issue a title or a dismantle permit
upon receipt of:[.]
(i) a court order; or
(ii) subject to Subsections (10)(b)(ii) and (iii), form TC-569A, Ownership Statement.
[1.](b)(i) The [affidavit]form required under Subsection (10)(a)(ii) must contain each
of the following:
[a)](A) a complete recital of facts explaining the absence of a
negotiable title or current registration for nontitle states;
[b)](B) an explanation of how the vehicle was obtained and from
whom;
[c)](C) a statement indicating any outstanding liens or
encumbrances on the vehicle;
[d)](D) a statement indicating where the vehicle was last titled
or registered;
[e)](E) a description of the vehicle;
[f)](F) any other items pertinent to the acquisition or
possession of the vehicle[.]; and
[2.](G) [The Tax Commission may issue a title or a dismantle permit
upon receipt of an affidavit and ]an indemnification
agreement holding the Tax Commission and its employees harmless
from any and all liability resulting from the issuance of the title
or dismantle permit
.[if the vehicle satisfies each of the following
conditions:
a) the vehicle is not a motorcycle;
b) the vehicle has a value of $1,000 or less at the time
of application;
c) the vehicle is six model years old or
older.]
[3.](ii) If the vehicle has a value of $1,000 or less at the
time of application, and the vehicle is [not more]less than six model years old, or the vehicle is a
motorcycle, [a title or dismantle permit may not be issued until the
vehicle is physically examined]the vehicle may be subject to a physical examination by [a qualified investigator]an employee appointed by the Tax Commission
prior to issuance of a title or dismantle permit.
[4.](iii) If the vehicle has a value in excess of $1,000, the
Tax Commission may require a surety bond in addition to the [affidavit]form described in Subsection (10)(a)(ii). The amount of the
surety bond may not exceed twice the fair market value of the
vehicle as determined by the Tax Commission.
[K.](11) To title or register a specially constructed or rebuilt
vehicle, an applicant shall furnish [an affidavit of construction]form TC-569D, Statement of Facts, explaining the acquisition
of essential parts and the date construction was completed. The [affidavit]form must be supported by bills of sale or invoices for the
parts.
[1.](a) An application for an identification number must be
completed. The assigned number shall be affixed to the vehicle and
inspected by a peace officer or an authorized agent of the Tax
Commission.
[2.](b) The vehicle make shall be designated as "SPCN"
(specially constructed), and the year model shall be determined
according to the date the construction was completed.
[3.](c) If satisfactory evidence of ownership is lacking, the
procedure outlined in [J. shall]Subsection (10) must be followed.
[4.](d) In the case of a dune buggy or similar type vehicle
where the complete running gear and chassis of another vehicle is
used, the identification number of the vehicle used as the primary
base of the rebuilt vehicle shall be used for identification and
must correspond to the identification number on the surrendered
certificate of title.
[5.](e) The rebuilt vehicle shall retain the manufacturer's
name as it appeared on the surrendered title. However, the word
"rebuilt" shall be placed on the application and on the
face of the title issued by the Tax Commission. The type of body
and vehicle model may be changed to more accurately describe the
vehicle. If a new body is used, the year model shall be determined
by the date the rebuilding is complete. If only the body style has
been altered or changed, the vehicle shall retain the year model
stated on the surrendered title.
KEY: taxation, motor vehicles, aircraft, license plates
Date of Enactment or Last Substantive
Amendment: [July 14, 2016]2017
Notice of Continuation: November 10, 2016
Authorizing, and Implemented or Interpreted Law: 41-1a-102; 41-1a-104; 41-1a-108; 41-1a-116; 41-1a-211; 41-1a-215; 41-1a-214; 41-1a-401; 41-1a-402; 41-1a-411; 41-1a-413; 41-1a-414; 41-1a-416; 41-1a-418; 41-1a-419; 41-1a-420; 41-1a-421; 41-1a-422; 41-1a-522; 41-1a-701; 41-1a-1001; 41-1a-1002; 41-1a-1004; 41-1a-1005; 41-1a-1009 through 41-1a-1011; 41-1a-1101; 41-1a-1209; 41-1a-1211; 41-1a-1220; 41-6-44; 53-8-205; 59-12-104; 59-2-103; 72-10-109 through 72-10-112; 72-10-102
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.