2012 -- S 2982

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LC02602

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR VEHICLES - UNIFORM COMMERCIAL DRIVER'S LICENSE

ACT

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: May 17, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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

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

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

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vehicles on the form it prescribes and shall contain:

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

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

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

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

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

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priority and the dates of their security agreements; and

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

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

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nonexistence of security interests in the vehicle.

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

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

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

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

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

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

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country, the application shall contain or be accompanied by:

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

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

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

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

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

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

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

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

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

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

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

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

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whose police conduct the inspection. The inspection by the chiefs of police, or their designees,

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

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police station or at a municipally owned building or at licensed new motor vehicle dealership.

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This provision eliminates the responsibility for the inspection to be performed by division

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personnel.

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

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

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

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

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the division might reasonably require.

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

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

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     SECTION 2. This act shall take effect upon passage.

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LC02602

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR VEHICLES - UNIFORM COMMERCIAL DRIVER'S LICENSE

ACT

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     This act would permit chiefs of police to conduct inspections of vehicle identifying

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numbers at a licensed new motor vehicle dealership. The law previously required these

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inspections to occur at the local police station or at a municipally owned building only.

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     This act would take effect upon passage.

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LC02602

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