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H0265.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLE SALES - TITLES - Adds to existing law to provide for transfer
or sale of certain motor vehicles without a certificate of title.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 265
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO MOTOR VEHICLE TITLES; AMENDING CHAPTER 5, TITLE 49, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 49-522A, IDAHO CODE, TO PROVIDE FOR DISPOSAL
4 OF A VEHICLE WITHOUT A CERTIFICATE OF TITLE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Chapter 5, Title 49, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 49-522A, Idaho Code, and to read as follows:
9 49-522A. DISPOSAL OF A VEHICLE WITHOUT A CERTIFICATE OF TITLE. (1) The
10 owner of any vehicle, or a duly authorized agent of the owner, who sells or
11 transfers a motor vehicle to a junkyard or salvage dealer with the intention
12 or understanding that the vehicle is not to be used as an operating unit, may
13 dispose of the vehicle without presenting the certificate of title for the
14 vehicle, but such sale or transfer shall only be made in accordance with the
15 provisions of this section.
16 (2) The owner of the vehicle or agent of the owner shall attest in writ-
17 ing on a form provided by the junkyard or salvage dealer, or on a form pro-
18 vided by the Idaho transportation department, that:
19 (a) He is the legal owner of the vehicle or the duly authorized agent of
20 the owner;
21 (b) A certificate of title is not available for transfer of the vehicle;
22 (c) There are no liens or encumbrances perfected on the vehicle;
23 (d) The dealer who is accepting possession of the vehicle is doing so
24 voluntarily, that the dealer understands the vehicle is not to be resold
25 as an operating unit for use on the highways, and that the dealer has
26 prior knowledge that there will be no certificate of title involved in the
27 transaction; and
28 (e) The information provided is correct, and that any false statement
29 will subject the owner or agent of the owner to criminal penalties.
30 (3) No junkyard or salvage dealer shall take possession of a vehicle
31 under the provisions of this section without first obtaining from the owner of
32 the vehicle or the agent of the owner:
33 (a) A copy of the owner or agent's current and valid Idaho driver's
34 license; and
35 (b) A fingerprint impression using a standard police form used for fin-
36 gerprint purposes, which shall be signed and dated by the owner or agent
37 of the owner.
38 (4) It shall be the duty of the junkyard or salvage dealer who takes pos-
39 session of any vehicle under the provisions of this section to retain in his
40 files copies of the forms and information required herein from the owner of
41 the vehicle or his agent, for a period of at least three (3) years.
42 (5) It shall be a misdemeanor punishable as provided in section 49-236,
43 Idaho Code, for an owner of a vehicle or the agent of the owner to falsify any
2
1 of the information required in this section for the disposal of a motor vehi-
2 cle without a certificate of title.
STATEMENT OF PURPOSE
RS 11114
Current law has a requirement that a title must be provided with
a vehicle when it is turned into a scrap yard for recycling. This
is different from a dismantler who sells parts of cars that are
wrecked or disabled.
Current law provides for a few exceptions, such as abandoned
vehicles which are not redeemed by the owner, are held by the
towing company as required by law and sold for scrap. A form is
provided that gives a description of the vehicle and is signed by
a Law Enforcement Officer per law, releasing such vehicle.
When a vehicle becomes inoperable and may have been allowed to
sit for many years, a title may not be readily available. When
someone is selling such a vehicle for scrap-approximately $15.00
to $20.00-they don t bother to pay for a duplicate title. Some
people will drop a vehicle at the gate of the scrap yard just to
get rid of it, and never include a title. This Legislation will
provide a trail of responsibility for legal purposes much greater
than is currently available. This will relieve the Department of
Transportation of the handling of some paper work and put the
responsibility of maintaining these records on the scrap dealer.
FISCAL IMPACT
Minimal to the State to prepare required form, estimated less
than $2000.
Contact
Name: Robert E. Schaefer
Phone:
332 1156
STATEMENT OF PURPOSE/FISCAL NOTE H 26