Utah Admin. Code 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
(1) "Nontitle
state" means a state that does not issue certificates of title for vehicles of
a particular type or year.
(2) To
title or register a vehicle previously registered in a nontitle state, an
applicant must submit:
(a) the registration
certificate; or
(b) form TC-569A,
Ownership Statement.
(3)
To title or register a repossessed vehicle, an applicant must submit:
(a)
(i) the
certificate of title, with the lien recorded in favor of the repossessor;
or
(ii) if registered in a nontitle
state, the registration certificate; and
(b) form TC-569B, Repossession Statement,
completed by the lien holder recorded on the certificate of title or a similar
statement or form.
(4) To
title or register a vehicle previously owned by the U.S. government, an
applicant must submit U.S. government Standard Form No. 97.
(5) To title or register a vehicle foreclosed
by advertisement, an applicant must submit:
(a) a certificate of sale containing:
(i) the date of sale;
(ii) the name of the purchaser;
(iii) a complete description of the
vehicle;
(iv) the amount due on the
contract;
(v) the date that the
amount due became delinquent;
(vi)
the amount received from the sale of the vehicle; and
(vii) the signature of the person who
conducted the sale;
(b) a
copy of the notice sent to the owner and lien holder of record; and
(c) proof that notice was published in
accordance with Sections
38-2-4
or
38-8-3,
as applicable.
(6) To
title or register a vehicle transferred by divorce decree an applicant must
submit:
(a) a certified copy of the divorce
decree; and
(b)
(i) the certificate of title;
(ii) if registered in a nontitle state, the
registration certificate; or
(iii)
form TC- 569A, Ownership Statement.
(7) To title or register a vehicle when the
current owner is declared incompetent, an applicant must submit:
(a) a certified copy of the court order
appointing the guardian; and
(b)
(i) the certificate of title, endorsed for
transfer by the guardian; or
(ii)
if registered in a nontitle state, the registration certificate.
(8) To title or register
a vehicle purchased at impound auction, an applicant must submit a certificate
of sale that contains the following information:
(a) a complete description of the
vehicle;
(b) the name of the
purchaser; and
(c) the signature of
the state, city, or county official who conducted the sale.
(9) To title or register a vehicle
transferred pursuant to a power of attorney, an applicant must submit the power
of attorney.
(10)
(a) To title or register a vehicle
transferred from a deceased owner when form TC-569C, Survivorship Affidavit,
does not apply, the applicant must submit:
(i)
(A) the
certificate of title; or
(B) if
registered in a nontitle state, the registration certificate; and
(ii)
(A) a certified copy of the final decree of
distribution;
(B) an order from the
court confirming sale; or
(C) 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.
(b)
When the title is issued in joint ownership where the owners names are
connected with "and" or "/", the survivor may transfer ownership by endorsement
only and by furnishing proof of death of the other joint owner.
(11)
(a) When satisfactory documentary evidence of
ownership is lacking and the applicant has exhausted normal means of obtaining
evidence of ownership, the commission may issue a title or a dismantle permit
upon receipt of:
(i) a court order;
or
(ii) subject to Subsections
(11)(b)(ii) and (iii), form TC-569A, Ownership Statement.
(b)
(i) The
form required under Subsection (11) (a) (ii) must contain the following:
(A) a complete recital of facts explaining
the absence of a negotiable title or current registration for nontitle
states;
(B) an explanation of how
the vehicle was obtained and from whom;
(C) a statement indicating any outstanding
liens or encumbrances on the vehicle;
(D) a statement indicating where the vehicle
was last titled or registered;
(E)
a description of the vehicle;
(F)
any other items pertinent to the acquisition or possession of the vehicle;
and
(G) an indemnification
agreement holding the commission and its employees harmless from any liability
resulting from the issuance of the title or dismantle permit.
(ii) If the fair market
value of the vehicle as determined by the commission is $3,000 or less at the
time of application, and the vehicle is less than six model years old, or the
vehicle is a motorcycle, the vehicle may be subject to a physical examination
by an employee appointed by the commission prior to issuance of a title or
dismantle permit.
(iii)
(A) If the fair market value of the vehicle
as determined by the commission is in excess of $3,000, the commission shall
require a surety bond.
(B) The
amount of the surety bond may not exceed twice the fair market value of the
vehicle as determined by the commission.
(12) To title or register a
specially constructed vehicle, an applicant shall submit:
(a)
(i)
form TC-569D, Statement of Facts, documenting the acquisition of essential
parts and the date construction was completed; and
(ii) an application for an assigned vehicle
identification number.
(b) The assigned vehicle identification
number shall be affixed to the specially constructed vehicle and inspected by a
peace officer or an authorized agent of the commission.
(c) 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.
(d) If satisfactory documentary evidence of
ownership is lacking, the commission may title or register a specially
constructed vehicle as provided in Subsection (11).
(13)
(a) To
title or register a reconstructed vehicle where the complete running gear and
chassis of another vehicle is used, an applicant shall submit:
(i) form TC-569D, Statement of Facts,
documenting the acquisition of essential parts and the date construction was
completed;
(ii) the identification
number of the vehicle used as the primary base of the reconstructed vehicle
which shall correspond to the identification number on the surrendered
certificate of title; and
(iii) an
application for an assigned vehicle identification number.
(b) The assigned vehicle identification
number shall be affixed to the reconstructed vehicle and inspected by a peace
officer or an authorized agent of the commission.
(c)
(i)
Subject to Subsection (13)(c)(ii), the reconstructed vehicle shall retain the
manufacturer's name as it appeared on the surrendered title.
(ii) The term "reconstructed" shall be placed
on the application and on the face of the title issued by the
commission.
(d) 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 reconstruction is complete. If only the body style has been altered or
changed, the vehicle shall retain the year model stated on the surrendered
title.
(e) If satisfactory
documentary evidence of ownership is lacking, the commission may title or
register a reconstructed vehicle as provided in Subsection (11).
Notes
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