CHAPTER
Saf-C 1900
BUREAU OF TITLE AND ANTI-THEFT RULES
PART Saf-C
1901 DEFINITIONS
Saf-C
1901.01 "Antique motor vehicle or
motorcycle" means "antique motor vehicle or motorcycle" as
defined in RSA 259:4.
Source. #4981, eff 11-16-90; ss by #6293, eff
7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1902.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1901.02 “Applicant" means a person
intending to fulfill statutory and administrative requirements to hold a valid
New Hampshire title.
Saf-C 1901.03 "Bureau" means the bureau of title
and anti-theft, division of motor vehicles, of the department of safety.
Source. #8339, eff 4-26-05; ss by #10190, eff 9-27-12;
ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.02)
Saf-C 1901.04
"Certificate of title" means a formal document issued by the
division of motor vehicles which constitutes evidence of a person's legal
ownership of a vehicle. The term includes "title".
Source. #8339, eff 4-26-05 (from Saf-C
1902.03); ss by #10190, eff 9-27-12 eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.03)
Saf-C 1901.05
"Commissioner" means "commissioner" as defined in
RSA 259:13.
Source. #8339, eff 4-26-05; ss by #10190, eff 9-27-12,
EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.04)
Saf-C 1901.06
"Demonstrator vehicles" means a new vehicle, with an odometer
reading in excess of 2,000 miles, utilized by a
dealer.
Source. #8339, eff 4-26-05 (from Saf-C
1902.04); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.05)
Saf-C
1901.07 "Department" means
"department" as defined in RSA 259:19.
Source. #8339, eff 4-26-05 (from Saf-C 1902.05); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.06)
Saf-C
1901.08 "Director" means
"director" as defined in RSA 259:20.
Source. #8339, eff 4-26-05 (from Saf-C 1902.06); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.07)
Saf-C
1901.09 "Division" means
"division" as defined in RSA 259:22.
Source. #8339, eff 4-26-05; ss by #10190, eff 9-27-12,
EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.08)
Saf-C 1901.10 "Domicile" means
"domicile" as defined in RSA 259:23.
Source. #8339, eff 4-26-05 (from Saf-C
1902.07); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.09)
Saf-C 1901.11 "Exempt vehicles" means those
vehicles exempt from the requirements for a certificate of title pursuant to
RSA 261:3.
Source. #8339, eff 4-26-05 (from Saf-C
1902.08); ss by #10190, eff 9-27-12 EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1901.12 “Floor plan” means a form of third party
financing used by car dealerships for the financing of the dealership’s
inventory of vehicles displayed for sale, in which the vehicles serve as
collateral for the financing.
Source. #13614, eff 4-25-23
Saf-C
1901.13 "Glider kit" means a
kit supplied by a manufacturer to rebuild a wrecked truck tractor.
Source. #8339, eff 4-26-05 (from Saf-C 1902.10); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.14)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.12)
Saf-C 1901.14
"Homemade vehicle" means a vehicle made from various parts of other
vehicles so that the serial number of the body frame does not reflect the
vehicle's identity. The term includes "reconstructed vehicle”.
Source. #8339, eff 4-26-05; ss by #10190, eff 9-27-12
(from Saf-C 1901.15); ss by #10190, eff 9-27-1, EXPIRED:
9-27-22
New. #13614, eff 4-25-23 (formerly Saf-C 1901.13)
Saf-C
1901.15 "Junk vehicle" means an unregistered vehicle which is no
longer in use or cannot be placed into condition for legal
use on a public way.
Source. #8339, eff 4-26-05 (from Saf-C 1902.11); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.16);
New. #13614, eff 4-25-23 (formerly Saf-C 1901.14)
Saf-C
1901.16 "Legal address" means
specification of the location where a person makes his or her residence or the
primary place of business of a corporation, including a street, road, avenue,
or like designation. The term does not include
addresses consisting solely of a post office box, rural route box number, or
any other nationally recognized courier service.
Source. #8339, eff 4-26-05 (from Saf-C 1902.12); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.17)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.15)
Saf-C
1901.17 "Mailing address"
means specification of the location where a person or corporation regularly
receives properly addressed mail via the U.S. postal service.
Source. #8339, eff 4-26-05; ss by #10190, eff 9-27-12,
EXPIRED: 9-27-12 (from Saf-C 1901.18)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.16)
Saf-C
1901.18 "Manufacturer" means
"manufacturer" as defined in RSA 259:52.
Source. #8339, eff 4-26-05; ss by #10190, eff 9-27-12,
EXPIRED: 9-27-12 (from Saf-C 1901.19)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.17)
Saf-C 1901.19 "Manufacturer's or importer's
certificate of origin" means "manufacturer's or importer's
certificate of origin" as defined in RSA 259:53.
Source. #8339, eff 4-26-05 (from Saf-C 1902.13); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.20)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.18)
Saf-C 1901.20 "Motorcycle" means
"motorcycle" as defined in RSA 259:63.
Source. #8339, eff 4-26-05 (from Saf-C 1902.14); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.21)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.19)
Saf-C
1901.21 "New vehicle" means
any vehicle which has not been previously legally registered or titled. The term includes
demonstrator vehicles and driver education vehicles.
Source. #8339, eff 4-26-05 (from Saf-C 1902.15); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.22)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.20)
Saf-C
1901.22 "Non-resident" means
"non-resident" as defined in RSA 259:67.
Source. #8339, eff 4-26-05 (from Saf-C 1902.16); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.23)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.21)
Saf-C
1901.23 “Owner” means “owner” as defined
in RSA 259:72.
Source. #13614, eff 4-25-23
Saf-C 1901.24 "Person" means "person"
as defined in RSA 259:74.
Source. #8339, eff 4-26-05); ss by #10190, eff
9-27-12, EXPIRED: 9-27-22 (from Saf-C 1901.25)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.22)
Saf-C
1901.25 "Rebuilt vehicle" means a vehicle that was once declared a
salvage vehicle and has been restored so that it is in condition for
legal use on a public way.
Source. #8339, eff 4-26-05 (from Saf-C 1902.20); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.26)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.23)
Saf-C
1901.26 “Reconstructed or
restored vehicle” means a vehicle in which the engine, frame, or chassis has
been replaced or the vehicle’s body style has changed from how it was
originally manufactured.
Source. #13614, eff 4-25-23
Saf-C
1901.27 "Resident"
means "resident" as defined in RSA 259:88.
Source. #8339, eff 4-26-05); ss by #10190, eff
9-27-12, EXPIRED: 9-27-22 (from Saf-C 1901.28)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.24)
Saf-C
1901.28 "Salvage
vehicle" means a vehicle which has been determined to be a total loss by
an insurance company because of
damage which makes it unable to be placed in condition for legal use on a
public way.
Source. #8339, eff 4-26-05 (from Saf-C
1902.23); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.29)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.25)
Saf-C
1901.29 “Security
interest” means “security agreement” as defined in RSA 259:97.
Source. #13614, eff 4-25-23 (formerly Saf-C 1901.24)
Saf-C
1901.30 "State"
means "state" as defined in RSA 259:106, II.
Source. #8339, eff 4-26-05); ss by #10190, eff
9-27-12, EXPIRED: 9-27-22 (from Saf-C 1901.27)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.26)
Saf-C
1901.31 "Title
brands" means a consumer protection device in which various legends are
recorded on the title to convey the status of
a vehicle, for example, salvage or rebuilt vehicle.
Source. #8339, eff 4-26-05); ss by #10190, eff
9-27-12, EXPIRED: 9-27-22 (from Saf-C 1901.28)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.27)
Saf-C
1901.32 "Trailer"
means "trailer" as defined in RSA 259:113.
Source. #8339, eff 4-26-05 (from Saf-C
1902.23); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.29)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.28)
Saf-C
1901.33 "Used
vehicle" means a vehicle previously titled or registered by the state of
New Hampshire, another state, or the federal government. The term includes
vehicles that have been deemed to be abandoned.
Source. #8339, eff 4-26-05 (from Saf-C
1902.24); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1901.30)
New. #13614, eff 4-25-23 (formerly Saf-C 1901.29)
PART Saf-C 1902.01 GENERAL ADMINISTRATION
Saf-C
1902.01 Hearings. Hearings shall be conducted by hearings
examiners within the bureau of hearings of the department, and governed by the
provisions of Saf-C 200.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #7884, eff 4-20-03; ss by #8339, eff 4-26-05
(from Saf-C 1903.01); ss by #10190, eff 9-27-12,
EXPIRED: 9-27-22
New.
13614, eff 4-25-23
Saf-C
1902.02 Forms. Whenever a person is required to complete a
form, the following shall apply:
(a)
Forms shall be filled out completely;
(b)
Forms shall be completed in a legible manner;
(c)
Forms shall be completed in
non-fading, non-erasable graphic, except that original applications for title
shall be typewritten with black ribbon or printed by computer; and
(d) Forms shall be signed by the applicant under the penalty of unsworn falsification
pursuant to RSA 641:3, and no written remarks, other than the applicant's
signature, shall be permitted in the area designated for the signature.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C 1902.03 Incomplete Forms.
(a)
All forms shall be reviewed by the
division in accordance with RSA 541-A:29.
(b)
The submitting party shall be notified of any apparent errors or
omissions and allowed to resubmit the form to the division.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C
1902.04 Failure to Comply with
Statute or Rule.
(a)
In the event an applicant fails to comply
with an applicable statute or rule, the application shall not be processed.
(b)
The applicant shall be notified of
the reason(s) for the rejection.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C
1902.05 Fees, Form of Payment. Whenever an applicant makes payment to the
division for satisfaction of a fee, the following shall apply:
(a)
Payment shall be made in the form of cash, check, money order, or
accepted credit cards;
(b)
Checks and money orders shall be made payable to the "State of New
Hampshire - M.V.". Alternative terms, including but
not limited to "State of New Hampshire - Safety", "New Hampshire
Department of Safety", "Treasurer - State of New Hampshire" or
"Director of Motor Vehicles" shall not be cause for refusal, provided
it does not lend itself to endorsement by any party other than the state of New
Hampshire;
(c)
Unless otherwise provided in these
rules, any fee prescribed by statute or rule shall be submitted at the same
time as the application; and
(d)
Pursuant to RSA 261:20, the bureau shall charge the appropriate fee to
an owner when applying for a certificate of title.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C
1902.06 Checks.
(a)
Post dated checks shall not be accepted.
(b)
Checks shall be for the exact amount due to the division.
(c)
No two-party check shall be accepted except as provided in (d) below.
(d)
A two -party check shall be accepted if:
(1) The state of new Hampshire is one of the
parties;
(2) The applicant is the other party; and
(3) The check is for the exact amount due to the
division.
(e)
No check shall be accepted which is dated more than 90 days prior to
receipt. In such an event, the application shall be rejected and the applicant
shall be notified.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C 1902.07 Refund of Title Fee.
(a)
An applicant who sends a request within 90 days from date of payment
shall be issued a refund of a title fee, if no title has
been issued on the vehicle.
(b)
The request in (a) above shall be submitted in writing to the Division
of Motor Vehicles, 23 Hazen Drive, Concord, N.H. 03305.
(c)
An applicant shall not be eligible to receive a refund of a title fee
once the vehicle has been issued a valid registration.
(d)
An applicant who requests a duplicate title because the original title
has not been located or is missing shall receive a refund of the duplicate
title fee in the event the original title is located or found.
(e)
Notwithstanding any
other rule to the contrary, an applicant shall receive a refund as a result of an error discovered by the department or its
agent.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C 1902.08 Legal Address.
(a)
Whenever a person is required
to furnish his or her legal address by statute or rule, the address shall
reflect a street, road, avenue, or like designation. A post office or
rural route box number, without more, shall not be adequate.
(b)
Notwithstanding (a)
above, the bureau shall accept a post office box number or the barracks number
of a military base as the legal address of active duty military personnel.
(c)
The bureau shall not issue a certificate of title unless a New Hampshire
legal address is provided on the application form.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C 1902.09 Change of Name.
(a)
In the event a person changes his or
her name, he or she shall furnish the following on form DSMV 30 “Record Change
Request” (rev. 3/22):
(1) Former name;
(2) New name;
(3) Date of
birth; and
(4) Signature.
(b)
As evidence of a new name, a
person shall present a copy of one of the following:
(1) Name change petition from the court of
probate;
(2) Marriage
certificate;
(3) Divorce
decree;
(4) Passport;
(5) Adoption
decree; or
(6) Court decree.
(c)
In the event a corporation, partnership, or other legal entity changes
its name, it shall be presumed that the change
constitutes a transfer of ownership, unless satisfactory proof to the contrary
is furnished, such as a certificate from the secretary of state's office
showing the name was changed and that no corporate officers have changed.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
Saf-C
1902.10 Mailing of A Certificate of
Title. Pursuant to RSA 261:9, the
bureau shall mail a certificate of title to one of the following:
(a)
The owner;
(b)
The lienholder, if applicable; or
(c)
The licensed dealer.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New.
#8339, eff 4-26-05; ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New.
13614, eff 4-25-23
Saf-C 1902.11 Signature Required.
(a)
Each signature required on an application or form shall be the original.
No facsimile or stamp of a signature shall be
accepted.
(b)
Any power of attorney which is accepted by the bureau in accordance with
applicable law shall be notarized.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. 13614, eff 4-25-23
PART Saf-C
1903 APPLICATION AND ISSUANCE OF TITLE
Saf-C
1903.01 Application for Title.
(a)
A title shall not be issued unless an application for title on form TDMV
23 “Application for Certificate of Title”,
(rev. 07/19) or form TDMV 23B, “Application for
Certificate of Title”, (rev. 07/18), is fully prepared by one of the
following:
(1) The licensed
dealer from whom the vehicle is purchased;
(2) The local town or city clerk; or
(3) A financial
institution which is in good standing.
(b)
If the applicant is a corporation, partnership, or association, the
authorized agent shall sign the form, print their name, and certify that they
are the agent for the stated owner on the form.
(c)
The applicant shall provide documentation showing proof of identity,
including:
(1) State-issued photo
identification card;
(2) Valid photo
license;
(3) Valid military
identification; or
(4) Valid passport.
(d)
Each application for title shall
be submitted, along with supporting documentation, to the department in
accordance with the time frames set forth in RSA 261:4.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1904.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1903.02 Assignment and Transfer of Title.
(a)
Upon assignment or the involuntary
transfer of a title, the new owner shall secure a valid title.
(b)
The phrase, "change of registration", as used in RSA 261:1,
shall include the transfer of a vehicle registered with 20-day temporary
plates.
(c)
The bureau shall not accept more than one assignment on the back of an
existing title between non-dealers, except if it is an
unrepaired salvage vehicle.
(d)
The assignment space on the back
of the existing title shall contain the following:
(1) Buyer(s)'s name and address;
(2) Odometer
reading in actual mileage at the time of the sale; and
(3) Seller(s)'s
signature and printed name.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1904.03); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New.
#13614, eff 4-25-23
Saf-C 1903.03 Assignment of Title Form, TDMV 17A.
(a)
An assignment of title, form TDMV 17A, “Registered Owner’s Assignment /
Dealer’s Reassignment of Title to a Motor Vehicle”, (rev. 10/15), shall be
completed in one of the following circumstances:
(1) All dealer assignment space on the back of
the existing title has been used; or
(2) To correct a
voided assignment, if applicable.
(b)
By signing the form, the seller
shall certify that the vehicle is warranted to be free of all encumbrances
except the liens identified on the form.
(c)
By signing the form, the seller shall certify the odometer reading and
whether the mileage is the actual mileage of the vehicle, or whether the
mileage exceeds the odometer’s mechanical limits, or whether the mileage is not
the actual mileage of the vehicle.
(d)
By signing the form, the buyer shall
certify that they have been made aware of the seller’s odometer certification.
Source. #8339, eff 4-26-05; ss by #10190,
eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1903.04 Assignment of Title and Authorization For
Payoff.
(a)
Each assignment of title and authorization for payoff shall be completed
by the seller, buyer, lessor, or lienholder, on form TDMV 25A, “Pending Title / Assignment of Title and Authorization for Payoff”,
(rev. 08/17).
(b)
By signing the form,
the seller shall certify that the vehicle described in the subject title was
transferred to the identified buyer.
(c)
By signing the form, the seller shall
certify the odometer reading and whether the mileage is the actual mileage of
the vehicle, or whether the mileage exceeds the odometer’s mechanical limits,
or whether the mileage is not the actual mileage of the vehicle.
(d)
By signing the form, the buyer shall
certify that they have been made aware of the seller’s odometer certification.
Source. #8339, eff 4-26-05; ss by #10190,
eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1903.05 Odometer Disclosure Statement.
(a)
In the event an application for title or assignment of title does not
contain the current odometer mileage reading or in the event a discrepancy is
discovered, the seller shall complete an odometer disclosure statement, form
TDMV 12, “Odometer Disclosure Statement”, (rev. 03/23).
(b)
By signing the form, the seller shall
certify the odometer reading and whether the mileage is the actual mileage of
the vehicle, or whether the mileage exceeds the odometer’s mechanical limits,
or whether the mileage is not the actual mileage of the vehicle.
Source. #8339, eff 4-26-05; ss by #10190,
eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1903.06 Manufacturer's Certificate of Origin.
(a)
The manufacturer's
certificate of origin shall be the official form representing proof of
ownership for new vehicles delivered in this state.
(b)
A manufacturer's
certificate of origin shall include the following:
(1) Manufacturer's name;
(2) Vehicle
identification number;
(3) Vehicle's year
of manufacture, make, and model;
(4) Number of
cylinders; and
(5) General
description of body style, if any.
Source. #8339, eff 4-26-05 (from Saf-C 1904.04); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-12
New. #13614, eff 4-25-23
Saf-C
1903.07 Design of Manufacturer's
Certificate of Origin.
(a)
A manufacturer's certificate of origin shall be on safety paper, which
is unable to be copied.
(b)
An addition to (a) above, the manufacturer's certificate of origin shall
include one of the following:
(1) A border design printed by an intaglio steel
plate process;
(2) A border design which, when viewed at an
angle, contains latent image letters in positive-negative treatment on upper
corners;
(3) Printing with a 2 color underlying fine line
duplex tint, in colors which resist photographic and color photocopy
reproductions;
(4) Printing with
a fluorescent and erasure sensitive ink which will detect common types of
chemical and mechanical alterations; or
(5) Security
thread and a vat formed cylinder mold-made multi-tonal watermark with a
background which shall include:
a. Hidden copy void
print tint;
b. Microprint line with the phrase
"Certificate of Title" repeated; or
c. Fluorescent and erasure sensitive ink which
will detect common types of chemical and mechanical alterations.
(c)
The manufacturer's
certificate of origin for the following trailers shall meet the requirements of
(a) and (b) above:
(1) Snowmobile
trailers;
(2) Boat trailers;
(3) Camping or
travel trailers;
(4) Utility trailers; and
(5) Horse trailers.
Source. #8339, eff 4-26-05 (from Saf-C 1904.04); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New.
#13614, eff 4-25-23
Saf-C
1903.08 Face of Manufacturer's
Certificate of Origin. The face of
the manufacturer's certificate of origin shall:
(a)
Visibly react under natural light to
a chlorine or alcohol base eradicator;
(b)
Clearly show attempts at erasure
under ultra-violet light;
(c)
Have fine line prismatic tint
which will be fluorescent under ultra-violet light; and
(d)
Have font-control numbering printed in red, exclusive to the
manufacturer.
Source. #8339, eff 4-26-05 (from Saf-C 1904.06); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1904 EXEMPT VEHICLES
Saf-C
1904.01 Exempt Vehicles Determination.
The determination as to whether a vehicle is exempt from the requirements of a
title, pursuant to RSA 261:3, I, shall be made as follows:
(a)
January 1, of each calendar year,
shall be the effective date utilized; and
(b)
The vehicle's model year, not year
of manufacture, shall be utilized.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1905.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1904.02 Vehicles Not Equipped to Operate on Public
Ways.
(a)
The bureau shall not accept a title
application on any vehicle, as defined by RSA 259:122, I, which is not equipped
with standard equipment for use on a public way.
(b)
In the event an off highway recreational vehicle (OHRV) is converted and
equipped for use on a public way, conforms with
all motor vehicle inspection laws and rules and is otherwise legally permitted
to be operated on a public way, the following shall be required in order for a title to be issued:
(1) A properly executed application for title,
form TDMV 23 “Application for Certificate of Title”, (rev. 07/19) or form TDMV
23B, “Application for Certificate of Title”, (rev. 07/18), prepared by the
local city or town clerk, dealer, or lienholder as provided in Saf-C 1903.01(a), along with the appropriate fee, pursuant
to RSA 261:20;
(2) A properly assigned
manufacturer's certificate of origin, pursuant to Saf-C
1903.02; and
(3) A statement that the
vehicle has been converted and equipped for use on a public way.
(c)
In the event that a manufacturer’s
certificate of origin pursuant to (b)(2) above is not available, the following
shall be required in order for a title to be issued
pursuant to (b) above:
(1) A properly executed application for title,
form TDMV 23, prepared by the local city or town clerk, dealer, or lienholder
as provided in Saf-C 1903.01(a), along with the
appropriate fee, pursuant to RSA 261:20;
(2) A properly executed verification of vehicle
identification number, form TDMV 19A “Verification of Vehicle Identification”,
(rev. 03/22);
(3) A properly executed report of sale of a
non-titled motor vehicle, form TDMV 22A, “Report of Sale or Transfer of a
Non-Titled Motor Vehicle”, (rev. 03/23), or similar form providing the
information described in Saf-C 1904.05(b), if
applicable; and
(4) A statement that the vehicle has been
converted and equipped for use on a public way.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1905.02); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1904.03 Antique Motor Vehicle
Certificate of Title.
(a)
Upon the request of a vehicle
owner, the bureau shall issue a certificate of title for an antique motor
vehicle.
(b)
A properly executed application for title, form TDMV 23, “Application
for Certificate of Title”, (rev. 07/19), or form
TDMV 23B, “Application for Certificate of Title”, (rev. 07/18), prepared by the
local city or town clerk, dealer, or lienholder, as provided in Saf-C 1903.01(a), along with the appropriate fee pursuant
to RSA 261:20, shall be required in order for a title
to be issued.
(c)
Each applicant shall furnish the bureau with one of the following in the
order reflected:
(1) A previous New Hampshire or out-of-state
title;
(2) A previous New Hampshire or out-of-state
original or certified copy of the registration in the seller’s name; or
(3) A notarized affidavit of ownership for
antique vehicles, form TDMV 105, “Affidavit of Ownership for Antique Vehicles
RSA 261:4-a”, (rev. 03/23), by which an owner of an antique vehicle, by signing
the form certifies under the penalties of unsworn falsification per RSA 641:3
that the owner is not in possession of a prior title or prior registration.
(d)
Each applicant who furnishes the bureau with documentation pursuant to
(c)(2) or (3) above shall also include a bill of
sale for the antique vehicle.
(e)
If a previous New Hampshire or out-of-state title is not furnished, a
properly executed verification of vehicle identification
number, form TDMV 19A, “Verification of Vehicle Identification”, (rev. 03/22),
pursuant to Saf-C 1904.04, and form TDMV 105, shall
be required.
(f)
In the event an antique vehicle is purchased by a new owner, a properly
executed report of sale or transfer of a non-titled motor vehicle, form TDMV
22A, “Report of Sale or Transfer of a Non-Titled Motor Vehicle”, (rev. 03/23),
or similar form from the seller providing the information described in Saf-C 1904.05(b), shall be required.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1905.03); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1904.04 Verification of Vehicle Identification
Number, Form TDMV 19A.
(a)
A verification of vehicle identification number, form TDMV 19A,
“Verification of Vehicle Identification”, (rev. 03/22), shall be completed when
there is no previous New Hampshire or out-of-state title furnished to the
bureau.
(b)
Form TDMV 19A shall be completed by a licensed New Hampshire dealer, an
authorized agent of the director, an authorized New Hampshire inspection
station, or any New Hampshire law enforcement officer, after a physical
examination of the vehicle.
(c) By signing the form, the person shall certify
that the vehicle registration number furnished on the form was not obtained
from any registration or documents relative to the subject vehicle and was
obtained by a visual inspection of the public vehicle identification number
plate.
(d)
Notwithstanding any
other rule to the contrary, a person who, because of active military duty, is
out-of-state, may have verification of a vehicle identification number
completed by an out-of-state law enforcement officer.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff 9-27-12,
EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1904.05 Report of Sale or Transfer of a Non-Titled
Motor Vehicle, Form TDMV 22A.
(a)
Each report of a sale or a transfer of a
non-titled motor vehicle shall be completed by the seller on form TDMV 22A,
“Report of Sale or Transfer of a Non-Titled Motor Vehicle”, (rev.03/23), or
similar form pursuant to RSA 261:4, I(d).
(b)
If using a similar form, the seller
shall furnish the following information on the form:
(1) Seller's name and address;
(2) Buyer's name and address;
(3) Vehicle's year, make, and body style;
(4) Vehicle identification number;
(5) Current odometer mileage reading;
(6) Name and address of the person who previously
registered the vehicle, if applicable;
(7) Registration number and state in which the
vehicle was previously registered, if applicable;
(8) Date of sale or purchase;
(9) Seller's signature and date signed; and
(10) Buyer’s signature and date signed.
(c)
By signing the form, the seller shall certify the odometer reading and
whether the mileage is the actual mileage of the vehicle, or whether the
mileage exceeds the odometer’s mechanical limits, or whether the mileage is not
the actual mileage of the vehicle; and
(d)
By signing the form, the buyer shall certify that they have been made
aware of the seller’s odometer certification.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1905 NEW VEHICLES
Saf-C 1905.01 New Vehicles Purchased from a New
Hampshire Licensed Dealer.
(a)
In the event a New Hampshire licensed dealer is the seller of a new
vehicle to a New Hampshire resident, the applicant shall furnish the following
to the bureau:
(1) A properly executed application for title,
form TDMV 23B, “Application for Certificate of Title”, (rev. 07/19) or form
TDMV 23, “Application for Certificate of Title”, (rev. 07/18), prepared by the
dealer;
(2) The properly assigned manufacturer's
certificate of origin, pursuant to Saf-C 1903.02; and
(3) The appropriate fee, pursuant to RSA 261:20.
(b)
In the event an out-of-state dealer is the seller of a new vehicle to a
New Hampshire resident, the applicant shall furnish the
following to the bureau:
(1) A properly executed application for title,
form TDMV 23 or 23B, prepared by the local town or city clerk, out-of-state
dealer, or lienholder, as provided in Saf-C
1903.01(a);
(2) The properly assigned manufacturer's
certificate of origin, pursuant to Saf-C 1903.02; and
(3) The appropriate fee, pursuant to RSA 261:20.
(c)
For the purpose of (b) above, "applicant" shall include a New
Hampshire dealer effecting a courtesy delivery as defined in
RSA 259:15, except that the dealer shall prepare the application for title,
pursuant to RSA 261:13.
(d)
In the event a New Hampshire dealer makes a courtesy delivery, the
dealer shall furnish the following on block 20 of the application for title,
form TDMV 23 or 23B:
(1) That the transaction is a courtesy delivery;
(2) Out-of-state dealer's name and address; and
(3) New Hampshire dealer's name.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1906.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1906 USED VEHICLES
Saf-C
1906.01 Used Vehicles Purchased from
a New Hampshire Licensed Dealer.
(a)
In the event a New Hampshire licensed dealer is the seller of a
used vehicle to a New Hampshire resident, the applicant shall
furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or form TDMV
23B, “Application for Certificate of Title”, (rev. 07/18), prepared by the
dealer;
(2) The previous properly assigned title or
manufacturer's certificate of origin stamped by the manufacturer as used,
pursuant to Saf-C 1903.02, with all liens released;
and
(3) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1907.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1906.02 Used Cars Purchased from an
Out-of-State Dealer.
(a)
In the event an out-of-state dealer is the
seller of a used vehicle to a New Hampshire resident, the applicant shall
furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The previous properly assigned title or
manufacturer's certificate of origin stamped by the manufacturer as used,
pursuant to Saf-C 1903.02, with all liens released;
and
(3) The appropriate fee, pursuant to RSA 261:20.
Source. #8339, eff 4-26-05 (from Saf-C 1907.02); ss
by #10190, eff 9-27-1, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1906.03 Used Vehicles Purchased at a
Private Sale.
(a)
In the event a used vehicle is purchased in a private sale, the
applicant shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The previous properly assigned title or
manufacturer's certificate of origin stamped by the manufacturer as used,
pursuant to Saf-C 1903.02, with all liens released;
and
(3) The appropriate fee, pursuant to RSA 261:20.
Source. #8339, eff 4-26-05 (from Saf-C 1907.03); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New.
#13614, eff 4-25-23
Saf-C
1906.04 New and Used Vehicles
Purchased Outside the United States.
(a)
For the purposes of this section,
"original registration" means the original certificate of
registration distributed by a foreign jurisdiction.
(b)
In the event a new vehicle is
purchased in a foreign jurisdiction, the applicant shall furnish the following
to the bureau if the vehicle has not been previously registered:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The properly assigned manufacturer's
certificate of origin, pursuant to Saf-C 1903.02; and
(3) The appropriate fee, pursuant to RSA 261:20.
(c)
In the event a used vehicle is
purchased in a foreign jurisdiction, the applicant shall furnish the following
to the bureau:
(1) A properly executed application for title,
form TDMV 23 or 23B, prepared by the local town or city clerk, or lienholder,
as applicable;
(2) The seller's original or certified copy of
the registration;
(3) A properly executed report of sale of a
non-titled motor vehicle, form TDMV 22A, “Report of Sale or Transfer of a
Non-Titled Motor Vehicle”, (rev. 03/23), or similar form providing the
information described in Saf-C 1904.05(b), from the
foreign jurisdiction, completed by the seller, if applicable;
(4) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”,
(rev. 03/22);
(5) Properly executed import documentation, such
as the declaration form HS-7, that verifies federal motor vehicle safety,
bumper, and theft prevention standards; and
(6) The appropriate fee, pursuant to RSA 261:20.
Source. #8339, eff 4-26-05 (from Saf-C 1907.04); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C 1907
VEHICLES FROM ANOTHER STATE
Saf-C 1907.01
Vehicles Entering from Another State; No Liens.
(a) An applicant who owns a vehicle and formerly
was a resident in another state, may obtain a title upon furnishing the following to the bureau:
(1)
A properly executed application for title, form TDMV 23, “Application
for Certificate of Title”, (rev. 07/19) or TDMV 23B, “Application for
Certificate of Title”, (rev. 07/18), prepared by the local town or city clerk;
(2)
The title, or its equivalent, issued by the previous state; and
(3)
The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1908.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1907.02 Vehicles Entering from Another State;
Lienholder.
(a) In the event an
applicant formerly was a resident in another state and a lienholder has
possession of the title to the vehicle, the applicant shall furnish the
following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk; and
(2) The appropriate fee, pursuant to RSA 261:20.
(b)
Upon receipt of the application for title, form TDMV 23 or 23B, the
bureau shall send a letter to the out-of-state lienholder requesting that the
previous title be surrendered in exchange for a New Hampshire title, which names
the same lienholder.
(c)
Upon receipt of the previous title, the bureau shall issue the applicant
a proof of ownership report. This report shall constitute proof of ownership
for registration purposes and shall be presented to the local town or city
clerk by the applicant in order to obtain a permit to
register the vehicle described on the report. The report and the permit for
registration shall be surrendered to the division by the applicant upon
obtaining registration plates.
(d)
The title shall be mailed to the
lienholder for delivery of the title to the vehicle owner when the lien is
satisfied.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1908.02); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1908 MISCELLANEOUS DEALER RULES
Saf-C
1908.01 Dealer's Procedure for
Submitting Title Applications.
(a)
Each licensed dealer or his or her designated agent, shall furnish the
bureau within 10 days of the date of purchase, a
properly executed and itemized dealer report, form TDMV 101, “Title Application
Summary”, (rev. 03/23), along with the application for title, supporting
documents, and appropriate fees.
(b)
No certificate of title shall be
issued for a vehicle owned by a manufacturer or dealer and held for sale.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1909.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1908.02 Demonstrator or Driver
Education Vehicles.
(a)
Demonstrator vehicles utilized by a dealer shall have dealer plates and
such vehicles shall not have been previously registered or
titled.
(b)
Notwithstanding (a)
above, driver education vehicles utilized by a school shall have government
plates and such vehicles shall not have been previously titled, although such
vehicles may have been previously registered.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1909.02); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1908.03)
New. #13614, eff 4-25-23
Saf-C
1908.03 Prohibition Against Loaning
or Borrowing Title Applications. All applications for title, form TDMV 23,
“Application for Certificate of Title”, (rev. 07/19) or TDMV 23B, “Application
for Certificate of Title”, (rev. 07/18), shall be issued by the bureau and not
redistributed to any other dealer, lending institution, or city or town clerk.
Source. #8339, eff 4-26-05 (from Saf-C
1909.03); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1908.04)
New. #13614, eff 4-25-23
Saf-C 1908.04 Owner's and Town Clerk's Copy of Title
Application. Upon the sale of a vehicle, the dealer shall provide all
necessary documentation, including the owner's and town clerk's copy of the
application for title, form TDMV 23, “Application for Certificate of Title”,
(rev.07/19) or TDMV 23B, “Application for Certificate of Title”, (rev. 07/18),
to the owner for registration purposes.
Source. #8339, eff 4-26-05 (from Saf-C
1909.04); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22 (from Saf-C
1908.05)
New. #13614, eff 4-25-23
PART Saf-C
1909 LEASED VEHICLES
Saf-C 1909.01 Leased Vehicles. Each leasing agent applying
for a title to a new or used vehicle for leasing purposes shall furnish the
following to the bureau:
(a)
A properly executed application
for title, form TDMV 23, “Application for Certificate of Title”, (rev. 07/19)
or TDMV 23B, “Application for Certificate of Title”, (rev. 07/18), prepared by
the local town or city clerk, dealer, or lienholder, as provided in Saf-C 1903.01(a), including:
(1) An indication that the lessor is the owner;
and
(2) The name, address, and date of birth of the
lessee on block 4;
(b)
In the event the vehicle is new, the
properly assigned manufacturer's certificate of origin;
(c)
In the event the vehicle is used, the
previous properly assigned title; and
(d)
The appropriate fee, pursuant to RSA
261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C
1910.01); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1910 FEDERAL AGENCY SALE
Saf-C 1910.01 Sale of a Federal Agency Vehicle. Each applicant for title to a vehicle
formerly owned by an agency of the U.S. government shall furnish the following
to the bureau:
(a)
A properly executed application for title, form TDMV 23, “Application
for Certificate of Title”, (rev. 07/19) or TDMV 23B, “Application for
Certificate of Title”, (rev. 07/18), prepared by the local town or city clerk;
and
(b)
One of the following:
(1) A properly assigned U.S. government title, if
applicable;
(2) A properly executed General Services
Administration assignment of title, form GSA 97 or 97A; or
(3) A properly executed assignment of title
internal revenue service certificate for seized property on IRS form 2435;
(c)
In the event either of the forms
in (b)(2) or (3) above is furnished, a properly executed verification of
vehicle identification number, form TDMV 19A, “Verification of Vehicle
Identification”, (rev. 03/22); and
(d)
The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1911.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1911 STATE OR POLITICAL SUB-DIVISION
SALE
Saf-C
1911.01 Sale of a State or Political
Sub-Division Vehicle. Each
applicant for title to a vehicle formerly owned by
the state of New Hampshire or one of its political subdivisions shall furnish
the following to the bureau:
(a)
A properly executed application
for title, form TDMV 23, “Application for Certificate of Title”, (rev. 07/19)
or TDMV 23B, “Application for Certificate of Title”, (rev. 07/18), prepared by
the local town or city clerk;
(b)
The previous properly assigned
title, if it exists, pursuant to Saf-C 1903.02;
(c)
In the event no previous title exists:
(1) A properly executed report of sale or
transfer of a non-titled motor vehicle, form TDMV 22A, “Report of Sale or
Transfer of a Non-Titled Motor Vehicle”, (rev. 03/23);
(2) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”,
(rev. 03/22), along with a copy of the registration; or
(3) The manufacturer's certificate of origin; and
(d) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1912.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1912 VEHICLES SEIZED AS A RESULT OF A
FORFEITURE
Saf-C
1912.01 Sale of a Vehicle Seized as a
Result of a Forfeiture.
(a)
Each federal, state, county, or local law enforcement agency which has
seized a vehicle through forfeiture shall furnish the
following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk;
(2) A court order or declaration of forfeiture;
(3) A properly executed report of sale or
transfer of a non-titled motor vehicle, form TDMV 22A, “Report of Sale or
Transfer of a Non-Titled Motor Vehicle”, (rev.03/23), or similar form providing
the information described in Saf-C 1904.05(b);
(4) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”,
(rev. 03/22); and
(5) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05;
ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New.
#13614, eff 4-25-23
PART Saf-C
1913 ABANDONED OR UNCLAIMED VEHICLES
Saf-C
1913.01 Abandoned or Unclaimed
Vehicles.
(a)
Pursuant to RSA 262:33, in the event a garage owner or storage company
lawfully comes into the possession of a motor vehicle, he or she shall have a
lien on the vehicle for the charges for storage and removal. In the event the
motor vehicle owner fails to claim such vehicle and pay such charges within the
prescribed period, the garage owner or storage company of
such abandoned or unclaimed vehicle shall submit a report to the director on
form TDMV 71, “Notice of Removal”,
(rev. 11/20).
(b)
A garage owner or storage company may
sell an abandoned or unclaimed motor vehicle in the event the vehicle has been
stored pursuant to RSA 262:37 and the requirements of RSA 262:36-a and RSA
262:38 are satisfied.
(c)
In the event an applicant for title
purchased the motor vehicle at public auction at the seller's place of
business, the applicant shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, dealer, or lienholder, as applicable;
(2) A properly executed report of sale or
transfer of a non-titled motor vehicle, form TDMV 22A, “Report of Sale or
Transfer of a Non-Titled Motor Vehicle”, (rev.03/23);
(3) An affidavit on the prescribed form from the
seller, garage owner, or storage company who acquired the vehicle pursuant to
RSA 262:40-a, containing a description of the circumstances of the acquisition
and the procedures that were followed for the eventual sale of the motor
vehicle;
(4) The appropriate fee, pursuant to RSA 261:20;
and
(5) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”,
(rev. 03/22).
(d)
A garage owner or storage company who has filed a notice to the director
of an unclaimed or abandoned vehicle on
TDMV 71, pursuant to RSA 262:36-a, III, may dispose of the vehicle upon
obtaining permission from the director.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C
1913.02); ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1913.02 Approval for Disposal.
(a)
Upon receipt of a notice to the director of an unclaimed vehicle on form
TDMV 71,“Notice of Removal”,
(rev.11/20), pursuant to RSA 262:36-a, III, the director shall review the form
and issue an approval for disposal if:
(1) The current market value is less than $1,000,
as determined by the garage owner or storage company; or
(2) The vehicle is so vandalized, damaged, or in
disrepair as to be unusable as a motor vehicle and only fit for salvage as
determined in good faith through the application of reasonable automotive
industry standards.
(b)
Prior to issuing an approval for disposal, the director shall inspect
any vehicle described on form TDMV 71 to verify the
information supplied pertaining to the condition of the vehicle or to verify
the vehicle's identification number.
(c)
In the event the director determines that a vehicle meets the provisions
of RSA 262:36-a, III and this rule, the director shall
approve disposal of the vehicle by the garage owner or storage company.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1913.03); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1913.03 Receipt of Approval. Upon receipt of an approval for disposal of
an unclaimed vehicle, a garage owner or storage company may dispose of the
vehicle without the notice required by RSA 262:38 and RSA 444.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1913.04); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1914 MECHANIC'S LIEN
Saf-C
1914.01 Scope. This section shall establish the procedures
for issuing a title to a vehicle sold at a lienholder's public
auction. This section shall not affect or apply to any lien that arises by
operation of law to a manufacturer of materials, other than the garage or
repair dealer, for a vehicle.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1905.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1914.02 Application for Title to a
Vehicle Sold at a Lienholder's Public Auction.
(a)
A person who maintains or owns a public garage or trailer court for the
parking, storage, or care of motor vehicles brought to the person's premises,
and placed in such person's care, shall have a statutory lien for the charges
that arise for the parking, storage, or care of the vehicle, pursuant to RSA
450:1. Any person who provided labor, materials, or money in repairing,
refitting, or equipping any motor vehicle shall have a statutory lien for the
expenses incurred pursuant to RSA 450:2. These liens shall arise, while the
motor vehicle remains in the mechanic's possession, pursuant to RSA 450:1 and
RSA 450:2.
(b)
Pursuant to RSA 450:3, after a
period of 60 days, if a motor vehicle remains in the possession of the
lienholder and the charges have remained unpaid for that period, the vehicle
may be sold by the lienholder at public auction for satisfaction of the lien.
(c)
An applicant for title who
purchased a motor vehicle at a lienholder's public auction shall furnish the
following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev.07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or dealer, as applicable;
(2) The appropriate fee, pursuant to RSA 261:20;
(3) A bill of sale from the lienholder;
(4) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”,
(rev. 03/22); and
(5) Written documentation completed by the
lienholder setting forth the facts of how the lien arose and the procedures
that were followed for the eventual sale of the vehicle at public auction.
Source. #8339, eff 4-26-05 (from Saf-C 1905.02); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1915 HOMEMADE VEHICLES
Saf-C
1915.01 Application for Title to a
Homemade Vehicle.
(a)
Each applicant for title to a
homemade vehicle shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev.07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk;
(2) The previous properly assigned title, if
applicable, or the manufacturer's certificate of origin;
(3) A statement as to the origin of the major
component parts including the engine, transmission, and frame from which the
vehicle was assembled, along with the bills of sale for those parts;
(4) A properly executed report of sale or
transfer of a non-titled motor vehicle, form TDMV 22A, “Report of Sale or
Transfer of a Non-Titled Motor Vehicle”, (rev. 03/23), or similar form
providing the information described in Saf-C
1904.05(b);
(5) A properly executed vehicle identification
number report, form DSMV 547, “Vehicle Identification”,
(rev. 04/12); and
(6) The appropriate fee, pursuant to RSA 261:20.
(b)
A New Hampshire issued vehicle identification
number (VIN) shall be assigned.
(c)
Each applicant for title to a
homemade vehicle shall submit the vehicle for inspection by a law enforcement
officer or an authorized agent of the director.
(d)
Each applicant for title to a glider
kit vehicle, shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23 or 23B, prepared by the local town or city clerk;
(2) The previous properly assigned title, if
applicable;
(3) The previous vehicle identification number;
(4) The properly assigned manufacturer's
certificate of origin; and
(5) A properly executed vehicle identification
number report, form DSMV 547.
(e)
The vehicle identification number supplied by the manufacturer on a
glider kit shall be deemed the sole vehicle identifier.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1914.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1916 REPOSSESSED VEHICLES
Saf-C
1916.01 Application for Title to a
Repossessed Vehicle.
(a)
Each applicant for title to a vehicle purchased after repossession shall
furnish the following to the bureau:
(1) The existing title for the repossessed
vehicle, with the lien release properly executed and assigned by the lienholder
pursuant to Saf-C 1903.02;
(2) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, dealer, or lienholder, as provided in Saf-C
1903.01(a);
(3) The appropriate fee, pursuant to RSA 261:20;
and
(4) An affidavit of repossession, form TDMV 16,
“Affidavit of Repossession”, (rev.03/23), executed by the lienholder and
delivered to the buyer upon resale of the vehicle.
(b)
By signing the form, the lienholder shall certify to the following:
"The undersigned lienholder hereby certifies that the motor vehicle
described herein was lawfully repossessed under the terms of a valid agreement
and in full accord with the pertinent sections of the New Hampshire Revised
Statutes Annotated.”
(c)
Each applicant for title to a vehicle purchased after repossession, in
which there is no title to the vehicle, because, for
example, the vehicle was repossessed from a foreign jurisdiction, such as a
military repossession, shall furnish to the bureau the documents set forth in
(a)(2) through (a)(4) above, and one of the following:
(1) The existing manufacturer's certificate of
origin, with the lien release properly executed and assigned by the lienholder,
pursuant to Saf-C 1903.02; or
(2) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”,
(rev. 03/22), along with the original or certified copy of the registration.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1917 MOTOR HOMES
Saf-C 1917.01 Application for Title to a Motor Home.
(a)
Each applicant for title to a motor home shall furnish the following to
the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, dealer, or lienholder, as provided in Saf-C
1903.01(a); and
(2) A properly assigned manufacturer's
certificate of origin, pursuant to Saf-C 1903.02, for
each of the following:
a. The chassis;
b. The home; or
c. The chassis and the home,
if a complete unit.
(b) The chassis
vehicle identification number shall be deemed the sole vehicle identifier.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1918 BANKRUPTCY PROCEEDINGS AFFECTING
MOTOR VEHICLES
Saf-C
1918.01 Vehicles Involved in
Bankruptcy Proceedings. Each
applicant for title to a vehicle which is an asset in a
bankruptcy proceeding, the sale of which has been authorized by any federal
court, shall furnish the following to the bureau:
(a)
A properly executed application
for title, form TDMV 23, “Application for Certificate of Title”, (rev. 07/19)
or TDMV 23B, “Application for Certificate of Title”, (rev. 07/18), prepared by
the local town or city clerk, dealer, or lienholder, as applicable;
(b)
The appropriate fee, pursuant to RSA
261:20;
(c)
A certified copy of the trustee's
appointment by the bankruptcy court submitted by the seller; and
(d)
The original or the existing title, released of all liens and properly
assigned pursuant to Saf-C 1903.02, delivered to the
buyer by the trustee or person authorized to sell the vehicle.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1919 VEHICLES PASSING BY ESTATE
Saf-C 1919.01 Married Owners: Vehicles Titled in New
Hampshire.
(a)
Upon the death of a married resident owner of a motor vehicle registered
in this state and used for family purposes, the
vehicle shall be deemed to have passed to his or her surviving spouse in
accordance with the provisions of RSA 261:17.
(b)
Each surviving spouse shall furnish
the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev.07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) A copy of the decedent's certificate of
death, listing the surviving spouse;
(3) The previous title; and
(4) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1919.02 Joint Tenancy with Rights of Survivorship.
(a)
Upon the death of a resident owner of a motor vehicle who has been
designated on the title as a joint tenant with rights of
survivorship, the vehicle shall be deemed to have passed to all other persons
designated on the title as joint tenants with rights of survivorship.
(b) Each surviving
owner(s) shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) A copy of the decedent's certificate of
death;
(3) The previous title; and
(4) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1919.03 Vehicle Transfer by Will.
(a)
A new owner of a vehicle which was granted to the owner by the
provisions of a probated will shall obtain the necessary transferring
documents from the named administrator or executor of the testator's estate.
(b)
For the purposes of (a) above, the
necessary transferring documents shall include the following:
(1) The existing title properly assigned by the
named administrator or executor to the new owner; and
(2) A copy of the certificate of appointment
issued by the court to the named administrator or executor of the testator's
estate.
(c)
Each new owner shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The necessary transferring documents set
forth in (b) above; and
(3) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1919.04 Vehicle Transfer Without Will.
(a)
A motor vehicle owned by a person who has died without a will, and which
is in possession of the named administrator for settlement of
the estate, shall be disposed of as decreed by the probate court.
(b)
Each applicant who has been granted ownership of a motor vehicle by
decree of the probate court shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The existing title properly assigned by the
named administrator to the new owner;
(3) A copy of the certificate of appointment
issued by the court to the named administrator of the deceased's estate;
(4) A copy of the decree from the probate court
awarding transfer, if applicable; and
(5) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1920 TRANSFER ON DIVORCE
Saf-C
1920.01 Transfers Related to a
Divorce.
(a)
Each applicant who has been granted ownership of a motor vehicle
pursuant to a divorce settlement, shall furnish the following to
the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The existing title properly assigned to the
applicant pursuant to the divorce settlement; and
(3) The appropriate fee, pursuant to RSA 261:20.
(b)
In the event a party refuses to execute assignment, a copy of the
divorce decree from the court having jurisdiction in the
case, ordering the transfer of the named vehicle to the applicant, shall be
included with the application for title.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C 1921 TITLE BRANDS
Saf-C
1921.01 Brand Required. A New Hampshire title shall be branded
whenever evidence exists, by virtue of the existing title or through other
documentation, that the condition of the vehicle is one in which its status
should be disclosed to the consumer, such as a salvage vehicle, homemade
vehicle, or glider kit.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1922 SALVAGE VEHICLES
Saf-C 1922.01 Motor Vehicle Declared a Total Loss.
(a)
When an insurance company declares a motor vehicle, other than an exempt
vehicle, as provided in RSA 261:3, as a total loss, the
company shall make application for a salvage certificate of title on form TDMV
24, “Application for Salvage Certificate”, (rev. 03/19) within 20 days of
payment.
(b)
The insurance company shall furnish
the following to the bureau, along with form TDMV 24:
(1) The previous owner's properly assigned
certificate of title, pursuant to Saf-C 1903.02; and
(2) The appropriate fee, pursuant to RSA 261:20.
(c)
Upon receipt of the completed application and fee, the bureau shall
issue a salvage certificate of title to the insurance company or,
if the insurance company requests, to the owner, in the event the vehicle
remains in the possession of the owner. When properly executed, the salvage
certificate of title shall be a valid instrument to convey an interest in the
vehicle.
(d)
An insurance firm or representative having made a total loss payment on
a non-exempt as provided in RSA 261:3, can apply for and
receive a certificate of title pursuant to the procedures and circumstances
described in RSA 261:22, II-a.
(e)
Any
owner who reconstructs or restores a total loss salvage motor vehicle to its
operating condition as it existed prior to the event which caused a salvage
title to be issued under this chapter or the laws of another state, or who
recovers a total loss salvage motor vehicle if stolen, shall submit the vehicle
for inspection by a law enforcement officer or an authorized agent of the
director, pursuant to RSA 261:22, IV prior to the registration or sale of said
vehicle and shall make application to the Bureau for a certificate of title by furnishing the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The properly assigned salvage certificate of
title;
(3) A properly executed vehicle identification
number report, form DSMV 547, “Vehicle Identification”,
(rev. 04/12); and
(4) The appropriate fee, pursuant to RSA 261:20.
(f) Notwithstanding the provisions of this
section, upon application for a 20-day registration, a single nonrenewable
20-day registration shall be issued to a resident to transport a repaired
vehicle to an authorized salvage inspection location. If the repaired vehicle fails the salvage
inspection, an application for a single nonrenewable 20-day registration shall
be approved for one additional registration.
(g)
Pursuant to (f) above, a law enforcement officer or an authorized agent
of the director shall include the following as part of an inspection to
determine if a vehicle has been restored to its operating condition which
existed prior to the event which caused a salvage title to be issued, as
provided in RSA 261:22, IV:
(1) Verification of the vehicle identification
number;
(2) Bills of sale, titles, or repair receipts for
major component parts used to rebuild the vehicle;
(3) The insurance adjuster's
collision report which details the damage sustained to the vehicle and
determines that the vehicle was declared a total loss; or
(4), A notarized statement, from the individual
who conducted the necessary repairs of the vehicle, which details the damage
sustained to the vehicle and the repairs that were made.
(h)
In addition to (g) above, a law enforcement
officer or an authorized agent of the director shall conduct an inspection of
the following items on the vehicle pursuant to (f) above, to ensure that:
(1) Hood
bumpers and doors open and shut properly with both primary and secondary hinges
being undamaged;
(2) Windshield and other vehicle glass is in compliance
with New Hampshire inspection laws and rules;
(3) The
vehicle identification number is visible;
(4) Seatbelts
are functioning and in good condition;
(5) If
airbags were equipped on the vehicle from the factory, airbags are functioning,
through electronic verification;
(6) Seats
are mounted properly and are undamaged;
(7) Windshield wipers, washers, defrosters, and interior
heating are functioning;
(8) Sun
visor and rearview mirror are in the proper
location and operational;
(9) Steering and suspension are functioning and
undamaged;
(10) ABS
system is functioning;
(11) Body
panels do not hinder doors or the operation of
other parts of the vehicle;
(12) Body
panels do not protrude or cause a hazard to
pedestrians; and
(13) Frames
and undercarriage are free of excessive rust
that might hinder the structural integrity of the frame or prevent the ability
to secure any item attached to it.
(i) In
addition to (g) above, a law enforcement officer or an authorized agent of the
director shall conduct an inspection of the following items on the vehicle pursuant to (e) above, to
ensure that:
(1) Seatbelts are functioning
and in good condition;
(2) If airbags were equipped on
the vehicle from the factory, airbags are functioning, through electronic
verification;
(3) Seats are mounted properly
and are undamaged; and
(4) Sun visor(s) are in the
proper location and operational.
(j)
Pursuant to (e)(3) above, the vehicle identification number report shall
be executed by a law enforcement officer or an
authorized agent of the director and shall serve as verification that the
inspection pursuant to RSA 261:22, IV has been completed.
(k)
Each salvage vehicle decal affixed to a salvage vehicle shall be printed
with a statement indicating that removing or causing the decal to be removed
shall be subject to penalties prescribed pursuant to RSA 261:22, V.
(l)
The applicant for a title to a rebuilt vehicle shall complete a salvage
affidavit, form DSMV 545A, “Salvaged Motor Vehicle Affidavit Application”, (Rev
03/23), stating that the damage identified in (g)(3) and (4) above has been
corrected and the vehicle has been rebuilt to meet the criteria set forth in
this section.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1922.02 Out-of-State Salvage Vehicles.
(a)
Each applicant for registration or title to a motor vehicle which has
been declared a salvage or junk vehicle by another state,
whether by the issuance of a salvage certificate of title or through other
documentation, shall submit the vehicle for inspection by a law enforcement
officer or an authorized agent of the director.
(b)
In the event a salvage or junk vehicle has been repaired or rebuilt, and
the owner wishes to register and title the vehicle in New
Hampshire, the owner shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or lienholder, as provided in Saf-C
1903.01(a);
(2) The properly
assigned out-of-state salvage certificate of title, or if a non-titled vehicle,
such documentation as the commissioner shall require;
(3) A properly executed vehicle identification
report, form DSMV 547, “Vehicle Identification”,
(rev. 04/12);
(4) In lieu of (3) above, an out-of-state salvage
inspection form verifying that a salvage inspection has been completed;
(5) If a non-titled
vehicle, the original or certified copy of the registration from the other
state; and
(6) The appropriate fee,
pursuant to RSA 261:20.
(c)
Pursuant to (b)(3) above, the vehicle identification number report, form
DSMV 547, shall be executed by a law enforcement
officer or an authorized agent of the director and shall serve as verification
that the inspection pursuant to RSA 261:22, IV has been completed.
(d)
Each salvage vehicle decal affixed to a
salvage vehicle shall be printed with a statement indicating that removing or
causing the decal to be removed shall be subject to penalties prescribed
pursuant to RSA 261:22, V.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C
1922.03 Recovered Theft - No Damage. In the event a vehicle was considered a total
loss because of theft, and subsequently the vehicle is recovered with no damage
as confirmed by an insurance company's written statement, the owner of the
vehicle or dealer shall complete and submit form DSMV 545A, “Salvaged Motor
Vehicle Affidavit Application”, (Rev 03/23), the title brand shall read
"recovered theft", and no salvage decal shall be affixed to the
vehicle, after physical examination and confirmation by a law enforcement
officer or an authorized agent of the director.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1923 JUNK OR DISMANTLED VEHICLES
Saf-C
1923.01 Junk or Dismantled Vehicles
(a)
Pursuant to RSA 261:22, each
notification of a junk or dismantled vehicle shall be submitted by a dealer, repair person, junk dealer, or owner within 30 days to the National
Motor Vehicle Title Information System (NMVTIS).
(b)
The previous title, if available,
shall be furnished to the bureau.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C 1924 BOND REQUIREMENTS AS SECURITY OF OWNERSHIP
Saf-C 1924.01 Withholding of Certificate: Bond
Requirement.
(a)
Pursuant to RSA 261:10, II,
each applicant shall furnish the following to the bureau:
(1) A properly executed application for title,
form TDMV 23, “Application for Certificate of Title”, (rev. 07/19) or TDMV 23B,
“Application for Certificate of Title”, (rev. 07/18), prepared by the local
town or city clerk, or dealer, as provided in Saf-C
1903.01(a);
(2) A statement
explaining the circumstances as to the posting of the bond and the reason the
proper supporting documents could not be obtained;
(3) A properly executed verification of vehicle
identification number, form TDMV 19A, “Verification of Vehicle Identification”, (rev. 03/22); and
(4) The appropriate fee,
pursuant to RSA 261:20.
(b)
The bureau shall accept as
security of ownership one of the following in an amount equal to one and 1/2
times the current National Automobile Dealer Association's (NADA) retail value
of the vehicle:
(1) Cash;
(2) Certified
check;
(3) Bank passbook with
a withdrawal slip executed to the division in the proper amount; or
(4) Surety bond.
(c) Each applicant filing a surety bond, pursuant
to (b)(4) above, shall furnish the following
to the
bureau:
(1) Name and address of
insurance company;
(2) Amount of the bond;
(3) Description of vehicle;
(4) Bond number;
(5) Provisions as to liability
and return of the bond;
(6) Name of principal and of
surety; and
(7) Signature of principal and
attorney.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1923.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C 1925 DUPLICATE TITLES
Saf-C 1925.01 Application for Duplicate Title.
(a)
In the event a title is lost, stolen, mutilated, destroyed, becomes
illegible or is not received, the first lienholder, or if none, the
owner of the vehicle or the licensed dealer, shall apply for a duplicate title
on form TDMV 18, “Application for Duplicate
Certificate of Title”, (rev. 03/22). The owner shall also submit
a release of all liens and encumbrances, if applicable, along with the
appropriate fee, pursuant to RSA 261:20.
(b)
In the event an original title is damaged so that it is illegible, the
first lienholder, or if none, the owner of the vehicle, shall submit the
original title to the director and apply for a duplicate title on form TDMV
18. The owner shall also submit a release
of all liens and encumbrances, if applicable, along with the appropriate fee,
pursuant to RSA 261:20.
(c)
In the event ownership of a vehicle is in the form of a joint ownership,
the signature of both parties shall appear on a duplicate title.
(d)
In the event that the owner(s) authorize the duplicate title to be
mailed directly from the bureau to the dealer, the
owner(s) shall furnish the following on form TDMV 18:
(1) Dealer’s name, address, and
dealer number; and
(2) Owner’s signature(s) and
date signed.
(e)
If the applicant is a corporation, partnership, or association, the
authorized agent shall sign the form, print their name, and
certify that they are the agent for the stated owner on the form.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05 (from Saf-C 1924.01); ss
by #10190, eff 9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1926 JOINT OWNERSHIP
Saf-C 1926.01 Joint Ownership of Motor Vehicles.
(a)
In the event ownership of a motor
vehicle is in the form of a joint ownership, the parties may request that the
names on the title be displayed as follows:
(1) "John Doe or Jane
Doe"; or
(2) "John Doe and Jane
Doe".
(b)
In the event ownership of a motor vehicle is in the form of joint
tenancy with rights of survivorship by 2 or more
persons who are not married to one another, the parties may request that the
names on the title be displayed as follows:
(1) "John Doe or Jane
Smith"; or
(2) "John Doe and
Jane Smith, JTWROS".
(c)
The effect of ownership in paragraph (a)(1) or (b)(1) above, shall
permit one of the 2 persons listed to transfer by his or her signature,
ownership of the vehicle, without the consent or knowledge of the other, except
that one of the 2 joint owners shall not transfer interest to him or herself as
the sole owner.
(d)
The effect of ownership in paragraph
(a)(2) or (b)(2) above, shall require the signature of both persons, if both
are living, to transfer ownership of the vehicle or to encumber the vehicle.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New.
#8339, eff 4-26-05; ss by #10190, eff 9-27-12, EXPIRED: 9-27-22
New.
#13614, eff 4-25-23
PART Saf-C
1927 SECURITY INTERESTS
Saf-C
1927.01 Perfecting a Security
Interest.
(a)
Delivery to the commissioner shall be completed when the bureau has
received the application for title and any outstanding title to the vehicle.
The security interest shall not be perfected if the existing title is not
submitted to the bureau.
(b)
In the event the vehicle has not been previously titled, the applicant
shall furnish the information required to obtain title
as provided in Saf-C 1903.02. In the event the
vehicle is from another state and is subject to a lien perfected under that
state's motor vehicle title act, the issuance of title by the department shall
not interrupt the previously valid lien. The bureau shall issue a title and
mail it to the first lienholder.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1927.02 Assignment of a Security Interest.
(a)
An assignee shall be named as lienholder on the title when delivery is
properly made to the commissioner of the
outstanding title to the vehicle, and the assigning lienholder has properly
released his or her interest as provided.
(b)
Each application for title following the assignment of a lien shall
contain the following:
(1) Signature of the existing
owner;
(2) Names and addresses of any
remaining lienholders;
(3) Date of the new security
agreement; and
(4) The appropriate fee, pursuant to RSA 261:20.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
Saf-C 1927.03 Release of a Security Interest. A proper release of a security interest shall
be executed as follows:
(a)
As provided on the face of the
title, by furnishing:
(1) Firm's name; and
(2) Signature of
the authorized agent and date signed;
(b)
Through a similar official form of
release of security interest from another state; or
(c) Through a
release of lien or other encumbrances, form TDMV 20A, “Release of Lien or Other
Encumbrances”, (rev. 03/23).
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
PART Saf-C
1928 INVESTIGATIONS
Saf-C
1928.01 Investigation of Motor
Vehicles.
(a)
No person shall purposely deface or remove a vehicle identification
number plate or alter any vehicle in such a manner so as to
render its identification unattainable. In the event there is evidence that a
title was fraudulently obtained based upon the alteration or unlawful use of a
vehicle identification number, the bureau shall suspend or revoke the title or
deny a pending application for title, pursuant to RSA 261:30, after notice and
the opportunity for a hearing as provided in Saf-C
1902.01.
(b)
If, during the course of an investigation to procure information
required to carry out the provisions of RSA 261:1 through RSA
261:31, or these rules, employees of the bureau discover an unlawful use of a
vehicle identification number, the bureau shall suspend or revoke a title or
deny an application for title, pursuant to RSA 261:30, after notice and the
opportunity for a hearing as provided in Saf-C
1902.01.
(c)
The filing of a bond shall not
constitute a valid means by which an applicant can acquire title to a motor
vehicle.
Source. #4823, eff 6-1-90; ss by #4981, eff 11-16-90;
ss by #6293, eff 7-23-96; ss by #8123, INTERIM, eff 7-17-04, EXPIRED: 1-13-05
New. #8339, eff 4-26-05; ss by #10190, eff
9-27-12, EXPIRED: 9-27-22
New. #13614, eff 4-25-23
APPENDIX
RULE |
STATUTE
IMPLEMENTED |
Saf-C 1901.01 |
RSA
259:4; RSA 261:4-a |
Saf-C 1901.02-1901.04 |
RSA
541-A:7 |
Saf-C 1901.05 |
RSA
259:13 |
Saf-C 1901.06 |
RSA
541-A:7 |
Saf-C 1901.07 |
RSA
259:19 |
Saf-C 1901.08 |
RSA
259:20 |
Saf-C 1901.09 |
RSA
259:22 |
Saf-C 1901.10 |
RSA
259:23 |
Saf-C 1901.11 |
RSA
261:3 |
Saf-C 1901.12-1901.17 |
RSA
541-A:7 |
Saf-C 1901.18 |
RSA
259:52 |
Saf-C 1901.19 |
RSA
259:53 |
Saf-C 1901.20 |
RSA
259:63 |
Saf-C 1901.21 |
RSA
541-A:7 |
Saf-C 1901.22 |
RSA
259:67 |
Saf-C 1901.23 |
RSA 259:72 |
Saf-C 1901.24 |
RSA 259:74 |
Saf-C 1901.25 |
RSA 541-A:7 |
Saf-C 1901.26 |
RSA 541-A:7 |
Saf-C 1901.27 |
RSA 259:88 |
Saf-C 1901.28 |
RSA 541-A:7 |
Saf-C 1901.29 |
RSA
259:97 |
Saf-C 1901.30 |
RSA
259:106, II |
Saf-C 1901.31 |
RSA
541-A:7 |
Saf-C 1901.32 |
RSA
259:113 |
Saf-C 1901.33 |
RSA
541-A:7 |
Saf-C 1902.01 |
RSA
541-A:31 |
Saf-C 1902.02 |
RSA
21-P:14, III(a); RSA 260:5; RSA 641:3 |
Saf-C 1902.03-1902.04 |
RSA
21-P:14, III(a); RSA 260:5 |
Saf-C 1902.05-1902.07 |
RSA
21-P:14, III(l); RSA 260:5; RSA 261:20 |
Saf-C 1902.08-1902.09 |
RSA
21-P:14, III(a); RSA 260:5 |
Saf-C 1902.10 |
RSA
21-P:14, III(a); RSA 260:5; RSA 261:9 |
Saf-C 1902.11 |
RSA
21-P:14, III(a); RSA 260:5 |
Saf-C 1903.01-1903.08 |
RSA
21-P:14, III(a); RSA 260:5; RSA 261:1; RSA 261:4; RSA
261:31, I |
Saf-C 1904.01-1904.02 |
RSA
21-P:14, III(b); RSA 260:5; RSA 261:3; RSA 261:20; RSA 261:31; RSA 259:122 |
Saf-C 1904.03 |
RSA
261:4-a; RSA 261:20 |
Saf-C 1904.04-1904.05 |
RSA
21-P:14, III(a), (k); RSA 260:5; RSA 261:4 I(d); RSA 261:31 |
Saf-C 1905.01-1912.01 |
RSA
21-P:14, III(a), (e), (f), (l); RSA 260:5; RSA 261:1; RSA 261:4; RSA
261:13-17; RSA 261:20; RSA 261:31 |
Saf-C 1913.01-1913.03 |
RSA
21-P:14, III(f); RSA 260:5; RSA 261:20 RSA 261:31; RSA
262:33; RSA 262:36-a; RSA 262:37; RSA 262:38; RSA 444; RSA 262:40-a |
Saf-C 1914.01-1914.02 |
RSA
21-P:14, III(f),(l); RSA 260:5; RSA 261:20; RSA 261:31; RSA 450:1-3 |
Saf-C 1915.01 |
RSA
21-P:14, III(g); RSA 260:5; RSA 261:20; RSA 261:22; RSA 261:31 |
Saf-C 1916.01-1918.01 |
RSA
21-P:14, III (f),(i); RSA 260:5; RSA 261:20; RSA
261:31 |
Saf-C 1919.01-1920.01 |
RSA
21-P:14, III(f),(l); RSA 260:5; RSA 261:14; RSA 261:17; RSA
261:20; RSA 261:31 |
Saf-C 1921.01 |
RSA
21-P:14, III(a); RSA 260:5; RSA 261:31 |
Saf-C 1922.01-1923.01 |
RSA
21-P:14, III(g); RSA 260:5; RSA 261:3; RSA 261:20; RSA 261:22; RSA 261:31 |
Saf-C 1924.01 |
RSA
21-P:14, III(d),(l); RSA 260:5; RSA 261:10, II; RSA 261:20; RSA 261:31 |
Saf-C 1925.01 |
RSA
21-P:14, III(h),(l); RSA 260:5; RSA 261:12; RSA 261:20 |
Saf-C 1926.01-1927.03 |
RSA
21-P:14, III(i); RSA 260:5; RSA 261:24-29; RSA
261:20; RSA
261:31 |
Saf-C 1928.01 |
RSA
21-P:14, III(j); RSA 260:5; RSA 261:30; RSA 261:31, II |