CHAPTER 448


99-H 5471A
Enacted 07/06/99


A N     A C T

RELATING TO CERTIFICATES OF TITLE AND SECURITY INTERESTS

Introduced By: Representatives Iwuc, Munschy, Slater, Malik and Reilly

Date Introduced : January 28, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-3.1-4 of the General Laws in Chapter 31-3.1 entitled "Certificates of Title and Security Interests" is hereby amended to read as follows:

31-3.1-4. Application for first certificate of title. -- (a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to the registry of motor vehicles on the form it prescribes and shall contain:

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

(2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used;

(3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements; and

(4) Any further information the division reasonably requires to identify the vehicle and to enable it to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle.

(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer or buyer shall promptly mail or deliver the application to the division; and further the buyer shall complete a security lien statement as provided in section 31-3.1-19.

(c) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:

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

(2) Any other information and documents the division reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interest in it; and

(3) The certificate of a person authorized by law that the identifying number of the vehicle has been inspected and found to conform to the description given in the application or any other proof of the identity of the vehicle the division reasonably requires.

(d) Chiefs of police, their designees, or, in an emergency, the administrator of the division of motor vehicles or his or her designee shall conduct the inspection of the vehicle identifying number, and certify, on forms provided by the division, that it has been found to conform to the description given in the application or any other form of the identity of the vehicle the division reasonably requires. An inspection and certification fee of ten dollars ($10.00) shall be assessed against the applicant by the city or town whose police conduct such inspection. This provision hereby eliminates the responsibility for inspection heretofore performed by division personnel.

{ADD (1) Upon inspection of the vehicle identifying number as provided for in this section, each vehicle identification number shall be submitted for a National Crime Information Center (NCIC) check, and the results therefrom, sometimes called the "NCIC check number", shall be attached to the TR-5 form provided by the division or to any other form consistent with this provision that the division might reasonably require. ADD}

(e) No person, partnership, or corporation shall charge a fee in excess of ten dollars ($10.00) for obtaining a certificate of title for a motor vehicle.

SECTION 2. This act shall take effect upon passage.



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