Ala. Admin. Code r. 810-5-1-.479 - Residency Requirements For Registration
(1) Resident Registration Requirements.
(a) The owner of a motor vehicle is required
to register the vehicle in the county in which the owner resides, if the owner
is an individual. If the owner is not an individual, but is instead a "firm,
corporation, or association," then the owner is required to register the
vehicle in the county where the motor vehicle "is used or operated."
(b) An individual's place of residence, or
domicile, is the first instance considered by the licensing official's office
in determining legal residence, regardless of whether the vehicle owner has
multiple residences in different counties. If a person is factually determined
to be a legal resident of a city or county, that is the only county where the
person can register their vehicle, regardless of if that person owns or rents a
second house (i.e. lake house, beach house, farm, etc.) in another
county.
(c) The question of
determining residency is both where the registrant evidences an intention to
reside and where he or she actually resides. This determination is based upon
many factors, such as the following:
1. The
county where a person is registered to vote.
2. The place where an individual is issued a
driver's license or non-driver identification.
3. The place where the individual's children
attend school.
4. The place where
the person works.
5. The county
where the individual has claimed their property tax homestead
exemption.
(d) The
license issuing official is entitled to make a reasonable investigation into
the facts of residency on a case-by-case basis to satisfy the official's
determination of residency, which may consist of the use of a legal resident
affidavit included in form MVR-15.
(e) No license will be issued to an
individual that operates a motor vehicle on the public highways of this state,
and no transfer of title will be made by the license issuing official until the
ad valorem tax on the motor vehicle is paid in the county where the owner of
the vehicle resides.
(f) An
individual who asserts a change of residence has the burden of establishing
it.
(g) The owner of an automobile
who furnishes a false residence address with the intent to avoid municipal or
county ad valorem taxes may be convicted of a Class C misdemeanor in accordance
with §
40-29-115, Code of
Ala. 1975.
(2) Nonresident Registration.
(a)
§
40-12-240, Code of
Ala. 1975, defines a "nonresident" as "every person who is not a
resident of this state." §
40-12-262, Code of
Ala. 1975, specifically provides that the provisions of the
Alabama Motor Vehicle License and Registration Laws do not apply to motor
vehicles owned by a nonresident of Alabama in the following instances:
1. A motor vehicle properly registered in
another state that is physically present in Alabama for up to thirty (30) days
operating upon the highways of this state.
2. A motor vehicle operating upon the
highways of this state for hire, or for commercial purposes, and is in
compliance with the motor vehicle registration laws of the state of residence
of the owner.
3. A motor vehicle
owned by military members or members of their immediate family assigned to an
Alabama location by virtue of military orders.
4. A motor vehicle of a nonresident student
attending a college or university in Alabama.
(b) A certificate of title will not be issued
for a vehicle owned by a nonresident.
Notes
Author: James P. Starling
Statutory Authority: Code of Ala. 1975, §§ 32-8-3, 40-2A-7(a)(5), 40-12-240, 40-12-253, 40-12-262, 40-29-115.
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