Saf-C 1900 Anti-theft

(THESE RULES WERE FORMERLY Saf-M 400)

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)

Saf-C 1901.02 "Bureau" means the bureau of title and anti-theft, division of motor vehicles, of the department of safety.

Source. #8339, eff 4-26-05 (from Saf-C 1902.02)

Saf-C 1901.03 "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

Saf-C 1901.04 "Commissioner" means "commissioner" as defined in RSA 259:13.

Source. #8339, eff 4-26-05 (from Saf-C 1902.03)

Saf-C 1901.05 "Demonstrator vehicles" means a new vehicle, with an odometer reading in excess of 2,000 miles, utilized by a dealer for demonstration purposes.

Source. #8339, eff 4-26-05

Saf-C 1901.06 "Department" means "department" as defined in RSA 259:19.

Source. #8339, eff 4-26-05 (from Saf-C 1902.04)

Saf-C 1901.07 "Director" means "director" as defined in RSA 259:20.

Source. #8339, eff 4-26-05 (from Saf-C 1902.05)

Saf-C 1901.08 "Division" means "division" as defined in RSA 259:22.

Source. #8339, eff 4-26-05 (from Saf-C 1902.06)

Saf-C 1901.09 "Domicile" means "domicile" as defined in RSA 259:23.

Source. #8339, eff 4-26-05

Saf-C 1901.10 "Executive vehicles" means a new vehicle, with an odometer reading in excess of 2,000 miles, from a car manufacturer that are assigned to its executives.

Source. #8339, eff 4-26-05 (from Saf-C 1902.07)

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)

Saf-C 1901.12 "Glider kit" means a kit supplied by a manufacturer to rebuild a wrecked truck tractor.

Source. #8339, eff 4-26-05 (from Saf-C 1902.09)

Saf-C 1901.13 "Highway patrol and enforcement officer" means a law enforcement officer of the division of motor vehicles, department of safety.

Source. #8339, eff 4-26-05 (from Saf-C 1902.10)

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

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)

Saf-C 1901.16 "Legal address" means specification of the location where a person makes his/her residence or the primary place of business of a corporation. The term does not include addresses consisting solely of a post office box.

Source. #8339, eff 4-26-05 (from Saf-C 1902.12)

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

Saf-C 1901.18 "Manufacturer" means "manufacturer" as defined in RSA 259:52.

Source. #8339, eff 4-26-05

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)

Saf-C 1901.20 "Motorcycle" means "motorcycle" as defined in RSA 259:63.

Source. #8339, eff 4-26-05 (from Saf-C 1902.14)

Saf-C 1901.21 "New vehicle" means any vehicle which has not been previously legally registered or titled. The term includes demonstrator vehicles, executive vehicles and driver education vehicles.

Source. #8339, eff 4-26-05 (from Saf-C 1902.15)

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)

Saf-C 1901.23 "Person" means "person" as defined in RSA 259:74.

Source. #8339, eff 4-26-05 (from Saf-C 1902.18)

Saf-C 1901.24 "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

Saf-C 1901.25 "Resident" means "resident" as defined in RSA 259:88.

Source. #8339, eff 4-26-05 (from Saf-C 1902.20)

Saf-C 1901.26 "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

Saf-C 1901.27 "State" means "state" as defined in RSA 259:106, II.

Source. #8339, eff 4-26-05

Saf-C 1901.28 "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 (from Saf-C 1902.23)

Saf-C 1901.29 "Trailer" means "trailer" as defined in RSA 259:113.

Source. #8339, eff 4-26-05 (from Saf-C 1902.24)

Saf-C 1901.30 "Used vehicle" means a vehicle previously titled or registered by the state of New Hampshire, another state or the federal government.

Source. #8339, eff 4-26-05 (from Saf-C 1902.25)

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)

Saf-C 1902.02 Forms.

(a) Whenever a person is required to complete a form, the following shall apply:

(1) Forms shall be filled out completely;

(2) Forms shall be completed in a legible manner; and

(3) 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.

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

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

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

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.

(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

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.

(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

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 as a result of an error by the department.

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

Saf-C 1902.08 Legal Address.

(a) Whenever a person is required to furnish his/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

Saf-C 1902.09 Change of Name.

(a) In the event a person changes his/her name, he/she shall furnish the following on the prescribed form:

(1) Former name;

(2) New name;

(3) Date of birth; and

(4) Signature.

(b) As evidence of a new name, a person shall:

(1) Present one of the following:

a. Name change petition from the court of Probate;

b. Marriage certificate;

c. Divorce decree;

d. Passport;

e. Adoption decree;

f. Court decree; or

(2) Present a notarized statement that the person has changed his/her name.

(1) Former name;

(2) New name;

(3) Date of birth;

(4) Address; and

(5) Signature and date signed.

(d) 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

Saf-C 1902.10 Mailing of A Certificate of Title.

(a) Pursuant to RSA 261:9, the bureau shall mail a certificate of title to one of the following:

(1) The owner;

(2) The lienholder, if applicable; or

(3) The New Hampshire 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

Saf-C 1902.11 Signatures. Each signature required on an application or form shall be the original. No facsimile or stamp of a signature shall be accepted. 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

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 is fully prepared by one of the following bureau agents:

(1) The New Hampshire 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 and has branch offices in the state of New Hampshire.

(b) Each applicant shall furnish the following on form TDMV 23:

(1) Owner's name, mailing address and date of birth;

(2) Owner's legal address, if different from mailing address;

(3) Date of purchase;

(4) Current odometer mileage reading;

(5) Vehicle identification number;

(6) Lienholder's name and address, if applicable;

(7) Date of lien, if applicable;

(8) Indication whether the vehicle is powered by:

a. Gas;

b. Diesel;

c. Electric; or

d. Propane;

(9) Vehicle's year, make, model, color and body style;

(10) Gross vehicle weight, if known;

(11) Number of cylinders and axles;

(12) Previous title number of the vehicle and state of issuance, if applicable;

(13) Dealer number, if applicable;

(14) Seller's name and address;

(15) Owner's signature and date signed;

(16) Dealer's signature, if applicable;

(17) Authorized agent's signature, if owner is a corporation, partnership or association; and

(18) Signature of notary public or justice of the peace.

(c) 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)

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.

(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)

Saf-C 1903.03 Assignment of Title Form, TDMV 17A.

(a) An assignment of title, form TDMV 17A, 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) Each applicant shall furnish the following on form TDMV 17A:

(1) Buyer's name and address;

(2) Vehicle's year, make and body style;

(3) Vehicle identification number;

(4) Lienholder's name and address, if applicable;

(5) Current odometer mileage reading;

(6) Seller's name and address;

(7) Dealer number, if applicable;

(8) Date of sale or purchase; and

(9) Seller's signature and date signed; and

(10) Buyer's signature and date signed.

Source. #8339, eff 4-26-05

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 or lienholder, on form TDMV 25A.

(b) Each seller, buyer or lienholder shall furnish the following on form TDMV 25A:

(1) Seller's name and address;

(2) Buyer's name and address;

(3) Lienholder's name and address, if applicable;

(4) Vehicle's year and make;

(5) Vehicle identification number;

(6) Title number;

(7) Current odometer mileage reading;

(8) Date of sale;

(9) Seller's signature, printed name and date signed; and

(10) Buyer's signature and printed name.

Source. #8339, eff 4-26-05

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.

(b) The seller shall furnish the following on form TDMV 12:

(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) Seller's signature, printed name and date signed; and

(7) Buyer's signature, printed name and date signed.

Source. #8339, eff 4-26-05

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)

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) In addition to (a) above, the manufacturer's certificate of origin shall include 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; and

(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; and

c. Fluorescent and erasure sensitive ink which will detect common types of chemical and mechanical alterations.

(c) Notwithstanding (b) above, the manufacturer's certificate of origin for the following trailers shall be required to be on safety paper, containing at least one or more of the security features set forth in (b) above:

(1) Snowmobile trailers;

(2) Boat trailers;

(3) Camping/travel trailers;

(4) Utility trailers; and

(5) Horse trailers.

Source. #8339, eff 4-26-05 (from Saf-C 1904.04)

Saf-C 1903.08 Face of Manufacturer's Certificate of Origin.

(a) The face of the manufacturer's certificate of origin shall:

(1) Visibly react under natural light to a chlorine or alcohol base eradicator;

(2) Clearly show attempts at erasure under ultra-violet light;

(3) Have fine line prismatic tint which will be fluorescent under ultra-violet light; and

(4) Have font-control numbering printed in red, exclusive to the manufacturer.

Source. #8339, eff 4-26-05 (from Saf-C 1904.06)

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)

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, prepared by the local city or town clerk, dealer or lienholder, 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; or

(3) A copy of the OHRV registration; 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)

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, prepared by the local city or town clerk, dealer or lienholder, along with the appropriate fee pursuant to RSA 261:20, shall be required in order for a title to be issued.

(1) A previous New Hampshire or out-of-state title;

(2) A previous New Hampshire or out-of-state original registration;

(3) A previous copy of a New Hampshire registration; or

(4) An affidavit of ownership for antique vehicles, form TDMV 105.

(d) Pursuant to (c)(4) above, each applicant, if not in possession of a previous title or registration, shall furnish the following on form TDMV 105:

(1) Owner's name and address;

(2) Vehicle identification number;

(3) Vehicle's year, make, model, color and body style;

(4) Date of purchase;

(5) Seller's name and address, if known;

(6) Owner's signature; and

(7) Signature of notary public or justice of the peace and date signed.

(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, shall be required, pursuant to Saf-C 1904.04.

(f) In the event an antique vehicle is transferred to a new owner, a properly executed report of sale or transfer of a non-titled motor vehicle, form TDMV 22a, or similar form from the seller, shall be required, pursuant to Saf-C 1904.05.

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)

Saf-C 1904.04 Verification of Vehicle Identification Number, Form TDMV 19A.

(a) A verification of vehicle identification number, form TDMV 19A, 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, other than a bonded dealer, an authorized New Hampshire inspection station or any New Hampshire law enforcement officer, after a physical examination of the vehicle.

(1) Owner's name and address;

(2) Vehicle's year, make, model and body style;

(3) Owner's registration number, if applicable;

(4) Vehicle identification number;

(5) Indication, if applicable, whether the vehicle identification number appears to be:

a. Altered;

b. Changed; or

c. Missing;

(6) Town or city where the vehicle was physically examined;

(7) Certification by the person authorized to perform the inspection and date signed;

and

(8) Name and address of agency or company of person authorized to perform the inspection.

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

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 or similar form, pursuant to RSA 261:4, I(d).

(b) The seller shall furnish the following on form TDMV 22A:

(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

(10) Signature of notary public or justice of the peace and date signed.

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, EXPIRES: 1-13-05

New. #8339, eff 4-26-05

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, the applicant shall furnish the following to the bureau:

(1) A properly executed application for title, form TDMV 23, 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, the applicant shall furnish the following to the bureau:

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk, or lienholder, as applicable;

(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:

(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)

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, the applicant shall furnish the following to the bureau:

(1) A properly executed application for title, form TDMV 23, 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)

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, the applicant shall furnish the following to the bureau:

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk, or lienholder, as applicable;

(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)

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, prepared by the local town or city clerk, or lienholder, as applicable;

(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)

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, prepared by the local town or city clerk, or lienholder, as applicable;

(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, prepared by the local town or city clerk, or lienholder, as applicable;

(2) The seller's original registration;

(3) A properly executed report of sale of a non-titled motor vehicle, form TDMV 22A, or similar form, from the foreign jurisdiction, completed and notarized by the seller;

(4) A properly executed verification of vehicle identification number, form TDMV 19A; and

(5) The appropriate fee, pursuant to RSA 261:20.

Source. #8339, eff 4-26-05 (from Saf-C 1907.04)

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, prepared by the local town or city clerk;

(2) The title 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)

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, 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, 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, EXPIRES: 1-13-05

New. #8339, eff 4-26-05 (from Saf-C 1908.02)

PART Saf-C 1908 MISCELLANEOUS DEALER RULES

Saf-C 1908.01 Dealer's Procedure for Submitting Title Applications.

(a) Each New Hampshire licensed dealer or his/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, 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.

(1) Owner's name;

(2) Vehicle identification number;

(3) Amount of fee;

(4) Date of purchase;

(5) Dealer's name and address;

(6) Dealer number;

(7) Dealer's telephone number; and

(8) Dealer's signature and date signed.

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)

Saf-C 1908.02 Out-of-State Dealers. The director shall not furnish applications for title, form TDMV 23, to any out-of-state 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 (from Saf-C 1909.02)

Saf-C 1908.03 Demonstrator, Executive, or Driver Education Vehicles.

(a) Demonstrator or executive 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. #8339, eff 4-26-05 (from Saf-C 1909.03)

Saf-C 1908.04 Prohibition Against Loaning or Borrowing Title Applications. All applications for title, form TDMV 23, shall be issued by the bureau and not re-distributed to any other dealer, lending institution or city or town clerk.

Source. #8339, eff 4-26-05 (from Saf-C 1909.04)

Saf-C 1908.05 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, to the owner for registration purposes.

Source. #8339, eff 4-26-05 (from Saf-C 1909.05)

PART Saf-C 1909 LEASED VEHICLES

Saf-C 1909.01 Leased Vehicles.

(a) Each leasing agent applying for a title to a new or used vehicle for leasing purposes shall furnish the following to the bureau:

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk, dealer or lienholder, as applicable, including:

a. An indication that the lessor is the owner; and

b. The name, address, and date of birth of the lessee on block 4;

(2) In the event the vehicle is new, the properly assigned manufacturer's certificate of origin;

(3) In the event the vehicle is used, the previous properly assigned 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 (from Saf-C 1910.01)

PART Saf-C 1910 FEDERAL AGENCY SALE

Saf-C 1910.01 Sale of a Federal Agency Vehicle.

(a) Each applicant for title to a vehicle formerly owned by an agency of the U.S. government shall furnish the following to the bureau:

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk; and

(2) One of the following:

a. A properly assigned U.S. government title, if applicable;

b. A properly executed General Services Administration assignment of title, form GSA 97 or 97A; or

c. A properly executed assignment of title internal revenue service certificate for seized property on IRS form 2435;

(3) In the event either of the forms in (2)b. or c. above is furnished, a properly executed verification of vehicle identification number, form TDMV 19A; 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 (from Saf-C 1911.01)

PART Saf-C 1911 STATE OR POLITICAL SUB-DIVISION SALE

Saf-C 1911.01 Sale of a State or Political Sub-Division Vehicle.

(a) 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:

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk;

(2) The previous properly assigned title, if it exists, pursuant to Saf-C 1903.02;

(3) In the event no previous title exists:

a. A properly executed report of sale or transfer of a non-titled motor vehicle, form TDMV 22A;

b. A properly executed verification of vehicle identification number, form TDMV 19A, along with a copy of the registration; or

c. The manufacturer's certificate of origin; 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, EXPIRES: 1-13-05

New. #8339, eff 4-26-05 (from Saf-C 1912.01)

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, 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;

(4) A properly executed verification of vehicle identification number, form TDMV 19A; 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

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/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 or 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.

(b) An employee of a garage, dealership or towing service shall furnish the following on form TDMV 71:

(1) Date vehicle was removed to the premises;

(2) Vehicle's year, make and registration number;

(3) Vehicle identification number;

(4) Condition of vehicle;

(5) Damage to vehicle, if any;

(6) Owner's name and address, if known;

(7) Name, address and telephone number of garage;

(8) Indication as to whether:

a. Report made by police or towing service;

b. Market value of vehicle is under or over $500;

c. Vehicle is in condition for legal use on a public way;

d. Request has been made for sale under 30 days without notice;

e. NCIC check has been conducted; and

f. Owner has been notified; and

(9) Date of notification.

(c) 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.

(d) 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, 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;

(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.

(e) 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)

Saf-C 1913.02 Approval for Disposal.

(a) Upon receipt of a notice to the director of an unclaimed vehicle on form TDMV 71, 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 $500, as determined by the garage owner or storage company;

(2) The vehicle is more than 5 model years old at the time of removal;

(3) The vehicle does not conform with state motor vehicle inspection laws and rules;

(4) The vehicle has major mechanical problems, such as:

a. The engine will not operate;

b. The transmission is beyond repair; or

c. Brake system failure;

(5) The cost of repairing the vehicle exceeds the value of the vehicle in its present condition;

(6) The vehicle is no longer in condition for legal use on a public way, as determined by the garage owner or storage company; or

(7) The vehicle was totaled in an accident, as determined by an insurance company.

(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)

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)

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)

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, prepared by the local town or city clerk, or dealer, as applicable;

(2) The appropriate fee, pursuant to RSA 261:20;

(3) A notarized bill of sale from the lienholder;

(4) A properly executed verification of vehicle identification number, form TDMV 19A; and

(5) The affidavit described in (d) below.

(d) Pursuant to (c)(5) above, an applicant for title who purchased a motor vehicle at a lienholder's public auction shall obtain an affidavit on the prescribed form from 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)

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, prepared by the local town or city clerk;

(2) The previous properly assigned title, if applicable, or the manufacturer's certificate of origin;

(3) The affidavit described in (b) below;

(4) A properly executed report of sale or transfer of a non-titled motor vehicle, form TDMV 22A, or similar form;

(5) A properly executed salvage vehicle identification number verification report, form TDMV 547; and

(6) The appropriate fee, pursuant to RSA 261:20.

(b) Pursuant to (a)(3) above, each applicant for title to a homemade vehicle shall complete an affidavit as to the origin of the component parts from which the vehicle was assembled, along with the bills of sale for those parts.

(c) Each applicant for title to a homemade vehicle shall submit the vehicle for inspection by a highway patrol and enforcement officer.

(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, 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 salvage vehicle identification number verification report, form TDMV 547.

(e) Pursuant to (d)(3) above, in the event there is no vehicle identification number, the bureau shall accept an affidavit from the applicant attesting to the original manufacturer's identification number.

(f) 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)

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, prepared by the local town or city clerk, dealer or lienholder, as applicable;

(3) The appropriate fee, pursuant to RSA 261:20; and

(4) An affidavit of repossession, form TDMV 16, executed by the lienholder and delivered to the buyer upon resale of the vehicle.

(b) Each lienholder shall furnish the following on form TDMV 16:

(1) Name and address of lienholder;

(2) Name and address of debtor;

(3) Dollar amount of lien;

(4) Date of lien;

(5) Vehicle's year, make, color and body style;

(6) Vehicle identification number;

(7) Date of default and subsequent possession of vehicle by lienholder; and

(8) Signature of lienholder and date signed.

(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 the following to the bureau:

(1) The documents set forth in (a)(2) through (a)(4) above; and one of the following:

a. 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

b. A properly executed verification of vehicle identification number, form TDMV 19A, along with the original 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

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, prepared by the local town or city clerk, dealer or lienholder, as applicable; and

(2) A properly assigned manufacturer's certificate of origin, pursuant to Saf-C 1903.02, for each of the following:

a. The chassis; and

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

PART Saf-C 1918 BANKRUPTCY PROCEEDINGS AFFECTING MOTOR VEHICLES

Saf-C 1918.01 Vehicles Involved in Bankruptcy Proceedings.

(a) 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:

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk, dealer or lienholder, as applicable;

(2) The appropriate fee, pursuant to RSA 261:20;

(3) A certified copy of the trustee's appointment by the bankruptcy court submitted by the seller; and

(4) 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.

(b) This section shall be administered in compliance with the Federal Bankruptcy Act, 11 U.S.C., and the Bankruptcy Reform Act of 1978.

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

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/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, prepared by the local town or city clerk, or lienholder, as applicable;

(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

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, prepared by the local town or city clerk, or lienholder, as applicable;

(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

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.

(1) A properly executed application for title, form TDMV 23, prepared by the local town or city clerk, or lienholder, as applicable;

(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

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, prepared by the local town or city clerk, or lienholder, as applicable;

(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 certified 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

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, prepared by the local town or city clerk, or lienholder, as applicable;

(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 certified 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

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

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 a total loss, the company shall make application for a salvage certificate of title on form TDMV 24 within 20 days of payment.

(b) The insurance company shall furnish the following on form TDMV 24:

(1) Owner's name and address;

(2) Vehicle's year, make, model, color and body style;

(3) Vehicle identification number;

(4) Current odometer mileage reading;

(5) Gross vehicle weight, if known;

(6) Number of cylinders and axles;

(7) Date of purchase;

(8) Statement as to whether the vehicle is a total loss as a result of damage or theft;

(9) Previous owner's name and address;

(10) Previous title number of the vehicle and state of issuance, if applicable;

(11) Owner's signature and date signed;

(12) Certification by agent authorized to sign on behalf of the owner, if applicable; and

(13) Signature of notary public or justice of the peace.

(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.

(d) 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.

(e) In the event a vehicle which was previously declared a total loss is subsequently 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, prepared by the local town or city clerk, or lienholder, as applicable;

(2) The properly assigned salvage certificate of title;

(3) A properly executed salvage vehicle identification number verification report, form TDMV 547; and

(4) The appropriate fee, pursuant to RSA 261:20.

(f) Each applicant for title to a rebuilt vehicle shall submit the vehicle for inspection by a highway patrol and enforcement officer, pursuant to RSA 261:22, IV.

(g) Pursuant to (f) above, a highway patrol and enforcement officer shall include the following as part of an inspection to determine if a vehicle which has been restored and rebuilt is safe for highway operation, 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) Photographs of the vehicle after it was declared a total loss and before it was rebuilt; if available;

(4) The insurance adjuster's collision report which determines that the vehicle was

declared a total loss, if available; or

(5) Any other documentation which shows that the vehicle had been declared a total loss and that the vehicle has been rebuilt and is safe for highway operation.

(h) Pursuant to (e)(3) above, the salvage vehicle identification number verification report shall be executed by a highway patrol and enforcement officer and shall serve as verification that the inspection pursuant to RSA 261:22, IV has been completed.

(i) 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

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 highway patrol and enforcement officer.

(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, prepared by the local town or city clerk, or lienholder, as applicable;

(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 salvage vehicle identification verification report, form TDMV 547;

(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 registration from the other state; and

(6) The appropriate fee, pursuant to RSA 261:20.

(c) Pursuant to (b)(2) above, if a non-titled vehicle, the documentation required may, depending upon the circumstances, include one or any combination of the following:

(1) Another state's salvage inspection form;

(2) A bill of sale;

(3) A letter from the insurance company; or

(4) Any other documentation that would show that the vehicle was a total loss or salvage vehicle.

(d) Pursuant to (b)(3) above, the salvage vehicle identification number verification report, form TDMV 547, shall be executed by a highway patrol and enforcement officer and shall serve as verification that the inspection pursuant to RSA 261:22, IV has been completed.

(e) 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

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 title brand shall read "recovered theft" and no salvage decal shall be affixed to the vehicle, after physical examination and confirmation by a highway patrol and enforcement officer.