2012 -- H 8069

=======

LC02434

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

     Introduced By: Representatives Bennett, Flaherty, Hull, Ferri, and Messier

     Date Introduced: April 12, 2012

     Referred To: House Municipal Government

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-3.1-4 of the General Laws in Chapter 31-3.1 entitled

1-2

"Certificates of Title and Security Interests" is hereby amended to read as follows:

1-3

     31-3.1-4. Application for first certificate of title. -- (a) The application for the first

1-4

certificate of title of a vehicle in this state shall be made by the owner to the division of motor

1-5

vehicles on the form it prescribes and shall contain:

1-6

      (1) The name, residence, and mailing address of the owner;

1-7

      (2) A description of the vehicle including, so far as the following data exists: its make,

1-8

model, identifying number, type of body, the number of cylinders, and whether new or used;

1-9

      (3) The date of purchase by applicant, the name and address of the person from whom

1-10

the vehicle was acquired, and the names and addresses of any lienholders in the order of their

1-11

priority and the dates of their security agreements; and

1-12

      (4) Any further information the division reasonably requires to identify the vehicle and

1-13

to enable it to determine whether the owner is entitled to a certificate of title, and the existence or

1-14

nonexistence of security interests in the vehicle.

1-15

      (b) If the application refers to a vehicle purchased from a dealer, it shall contain the

1-16

name and address of any lienholder holding a security interest created or reserved at the time of

1-17

the sale and the date of this security agreement and be signed by the dealer as well as the owner,

1-18

and the dealer or buyer shall promptly mail or deliver the application to the division. The buyer

1-19

shall also complete a security lien statement as provided in section 31-3.1-19.

2-20

      (c) If the application refers to a vehicle last previously registered in another state or

2-21

country, the application shall contain or be accompanied by:

2-22

      (1) Any certificate of title issued by the other state or country;

2-23

      (2) Any other information and documents the division reasonably requires to establish

2-24

the ownership of the vehicle and the existence or nonexistence of security interest in it; and

2-25

      (3) The certificate of a person authorized by law that the identifying number of the

2-26

vehicle has been inspected and found to conform to the description given in the application, or

2-27

any other proof of the identity of the vehicle the division reasonably requires.

2-28

      (d) Chiefs of police, their designees, who shall be employees of the police department,

2-29

or, in an emergency, the administrator of the division of motor vehicles or his or her designee

2-30

shall conduct the inspection of the vehicle identifying number, and certify, on forms provided by

2-31

the division, that it has been found to conform to the description given in the application or any

2-32

other form of the identity of the vehicle the division reasonably requires. An inspection and

2-33

certification fee of ten dollars ($10.00) shall be assessed against the applicant by the city or town

2-34

whose police conduct the inspection. Provided, however, in the town of North Providence, the

2-35

The inspection by the chiefs chief of police, or their said chief’s designees, who shall be

2-36

employees of the police department, shall be conducted at the local city or town police station or

2-37

at a municipally owned building. This provision eliminates the responsibility for the inspection to

2-38

be performed by division personnel.

2-39

      (1) Upon inspection of the vehicle identifying number as provided for in this section,

2-40

each vehicle identification number shall be submitted for a National Crime Information Center

2-41

(NCIC) check, and the results, sometimes called the "NCIC check number", shall be attached to

2-42

the TR-5 form provided by the division or to any other form consistent with this provision that

2-43

the division might reasonably require.

2-44

      (e) No person, partnership, or corporation shall charge a fee in excess of ten dollars

2-45

($10.00) for obtaining a certificate of title for a motor vehicle.

2-46

     SECTION 2. This act shall take effect upon passage.

=======

LC02434

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES

***

3-1

     This act would repeal the requirement that the persons designated by the chiefs of police

3-2

to inspect a motor vehicle, for the purpose of issuing a first certificate of title in this state, would

3-3

need to be employees of the police department. The act would also provide that such inspections

3-4

in the town of North Providence would be conducted at the local city or town police station or at

3-5

a municipally owned building.

3-6

     This act would take effect upon passage.

=======

LC02434

=======