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

 

          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); ss by #10190, eff 9-27-12

 

          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; ss by #10190, eff 9-27-12

 

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

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.03); ss by #10190, eff 9-27-12

 

          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; ss by #10190, eff 9-27-12

 

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

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.04); ss by #10190, eff 9-27-12

 

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

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.05); ss by #10190, eff 9-27-12

 

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

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.06); ss by #10190, eff 9-27-12

 

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

 

Source.  #8339, eff 4-26-05; ss by #10190, eff 9-27-12

 

          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); ss by #10190, eff 9-27-12

 

          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

 

          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); ss by #10190, eff 9-27-12

 

          Saf-C 1901.13  "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 (from Saf-C 1902.10); ss by #10190, eff 9-27-12 (from Saf-C 1901.14)

 

          Saf-C 1901.14  "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; ss by #10190, eff 9-27-12 (from Saf-C 1901.15)

 

          Saf-C 1901.15  "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 1902.11); ss by #10190, eff 9-27-12 (from Saf-C 1901.16)

 

          Saf-C 1901.16  "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 (from Saf-C 1902.12); ss by #10190, eff 9-27-12 (from Saf-C 1901.17)

 

          Saf-C 1901.17  "Manufacturer" means "manufacturer" as defined in RSA 259:52.

 

Source.  #8339, eff 4-26-05; ss by #10190, eff 9-27-12 (from Saf-C 1901.18)

 

          Saf-C 1901.18  "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; ss by #10190, eff 9-27-12 (from Saf-C 1901.19)

 

          Saf-C 1901.19  "Motorcycle" means "motorcycle" as defined in RSA 259:63.

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.13); ss by #10190, eff 9-27-12 (from Saf-C 1901.20)

 

          Saf-C 1901.20  "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 1902.14); ss by #10190, eff 9-27-12 (from Saf-C 1901.21)

 

          Saf-C 1901.21  "Non-resident" means "non-resident" as defined in RSA 259:67.

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.15); ss by #10190, eff 9-27-12 (from Saf-C 1901.22)

 

          Saf-C 1901.22  "Person" means "person" as defined in RSA 259:74.

 

Source.  #8339, eff 4-26-05 (from Saf-C 1902.16); ss by #10190, eff 9-27-12 (from Saf-C 1901.23)

 

          Saf-C 1901.23  "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 1902.18); ss by #10190, eff 9-27-12 (from Saf-C 1901.24)

 

          Saf-C 1901.24  "Resident" means "resident" as defined in RSA 259:88.

 

Source.  #8339, eff 4-26-05); ss by #10190, eff 9-27-12 (from Saf-C 1901.25)

 

          Saf-C 1901.25  "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 1902.20); ss by #10190, eff 9-27-12 (from Saf-C 1901.26)

 

          Saf-C 1901.26  "State" means "state" as defined in RSA 259:106, II.

 

Source.  #8339, eff 4-26-05); ss by #10190, eff 9-27-12 (from Saf-C 1901.27)

 

          Saf-C 1901.27  "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 (from Saf-C 1901.28)

 

          Saf-C 1901.28  "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 (from Saf-C 1901.29)

 

          Saf-C 1901.29  "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 1902.24); ss by #10190, eff 9-27-12 (from Saf-C 1901.30)

 

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

 

          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;

 

(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; and

 

(4)  Forms shall be signed by the person under the penalty of unsworn falsification.

 

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

 

          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

 

          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

 

          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; ss by #10190, eff 9-27-12

 

          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

 

          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

 

          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; ss by #10190, eff 9-27-12

 

          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 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

 

          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 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

 

          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; ss by #10190, eff 9-27-12

 

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 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)  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;

 

d.  Propane; or

 

e.  Other;

 

(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; and

 

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

 

          (c) For the purposes of (b)(15) above, the owner 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

 

          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

 

          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;

 

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

 

(10)  Buyer's signature and date signed.

 

Source.  #8339, eff 4-26-05; ss by #10190, eff 9-27-12

 

          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.

 

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

 

(1)  Seller's name and address;

 

(2)  Buyer's name and address;

 

(3)  Lessor’s name and address, if applicable;

 

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

 

(5)  Vehicle's year and make;

 

(6)  Vehicle identification number;

 

(7)  Title number;

 

(8)  Current odometer mileage reading;

 

(9)  Date of sale;

 

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

 

(11)  Buyer's signature and printed name.

 

Source.  #8339, eff 4-26-05; ss by #10190, eff 9-27-12

 

          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; ss by #10190, eff 9-27-12

 

          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

 

          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 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/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

 

          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); ss by #10190, eff 9-27-12

 

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

 

          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; 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, along with the appropriate fee, pursuant to RSA 261:20;

 

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

 

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

 

          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.

 

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

 

          (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)  Pursuant to (c)(3) 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; and

 

(6)  Owner's signature.

 

          (f)  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.

 

          (g)  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, 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); ss by #10190, eff 9-27-12

 

          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, 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)  A person described in (b) above shall furnish the following on form TDMV 19A:

 

(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.

 

          (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

 

          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; and

 

(9)  Seller's 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

 

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 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 to a New Hampshire resident, 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, out-of-state dealer, 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); ss by #10190, eff 9-27-12

 

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, 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

 

          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, 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); ss by #10190, eff 9-27-12

 

          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); ss by #10190, eff 9-27-12

 

          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 or certified copy of the 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 by the seller, if applicable;

 

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

 

(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

 

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, 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

 

          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, EXPIRED: 1-13-05

 

New.  #8339, eff 4-26-05 (from Saf-C 1908.02); ss by #10190, eff 9-27-12

 

PART Saf-C 1908  MISCELLANEOUS DEALER RULES

 

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

 

          (a)  Each 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.

 

          (c)  The dealer shall furnish the following on form TDMV 101:

 

(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); ss by #10190, eff 9-27-12

 

          Saf-C 1908.02  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.  #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 (from Saf-C 1908.03)

 

          Saf-C 1908.03  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 1909.03); ss by #10190, eff 9-27-12 (from Saf-C 1908.04)

 

          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, to the owner for registration purposes.

 

Source.  #8339, eff 4-26-05 (from Saf-C 1909.04); ss by #10190, eff 9-27-12 (from Saf-C 1908.05)

 

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); ss by #10190, eff 9-27-12

 

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); ss by #10190, eff 9-27-12

 

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, EXPIRED: 1-13-05

 

New.  #8339, eff 4-26-05 (from Saf-C 1912.01); ss by #10190, eff 9-27-12

 

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, or similar form;

 

(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; ss by #10190, eff 9-27-12

 

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 $1,000;

 

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

 

d.  Request has been made for sale under 20 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); ss by #10190, eff 9-27-12

 

          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 $1,000, as determined by the garage owner or storage company;

 

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

 

(3)  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

 

          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

 

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

 

          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 bill of sale from the lienholder;

 

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

 

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)  A statement as to the origin of the component parts 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, or similar form;

 

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

 

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

 

          (b)  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.

 

          (c)  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 vehicle identification number report, form TDMV 547.

 

          (d)  Pursuant to (c)(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.

 

          (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

 

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 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

 

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;

 

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

 

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; ss by #10190, eff 9-27-12

 

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; ss by #10190, eff 9-27-12

 

          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; ss by #10190, eff 9-27-12

 

          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, 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; ss by #10190, eff 9-27-12

 

          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 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

 

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 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

 

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

 

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)  Whether the vehicle is a total loss as a result of damage or theft, by checking the appropriate box;

 

(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; and

 

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

 

          (c)  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.

 

          (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 vehicle identification number 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 law enforcement officer or an authorized agent of the director, pursuant to RSA 261:22, IV.

 

          (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 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 or, if no further documentation is available, a notarized statement, 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) 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)  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.

 

          (j)  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.

 

          (k) The owner of a salvage vehicle shall complete a salvage affidavit, form DSMV 545A, verifying that an inspection was conducted and that all repairs, if any, have been made, prior to obtaining a salvage vehicle decal.

 

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

 

          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, 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 vehicle identification 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 or certified copy of the 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 shall, 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 vehicle identification number report, form TDMV 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.

 

          (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; ss by #10190, eff 9-27-12

 

          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 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

 

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 completed by a dealer, repairman, junk dealer or owner on form TDMV 13A.

 

          (b)  Each dealer, repairman, junk dealer or owner shall furnish the following on form TDMV 13A:

 

(1)  Previous owner’s name and address;

 

(2)  Dealer number, if applicable;

 

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

 

(4)  Vehicle identification number;

 

(5) Statement certifying that all contaminants found in the vehicle have been removed and subsequently stored, processed and disposed of in accordance with all applicable state and federal laws; and

 

(6) Statement certifying that the vehicle was crushed, shredded, baled or sheared, to be completed by a motor vehicle salvage facility permitted by the department of environmental services.

 

          (c)  The previous title, if available, shall be furnished to the bureau along with the documents set forth in (b) above.

 

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

 

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

 

(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; 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 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

 

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.  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)  Each applicant shall furnish the following on form TDMV 18:

 

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

 

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

 

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

 

(4)  Vehicle identification number;

 

(5)  Gross vehicle weight, if known;

 

(6)  Number of cylinders and axles;

 

(7)  Indication whether the vehicle is powered by:

 

a.  Gas;

 

b.  Diesel;

 

c.  Electric;

 

d.  Propane; or

 

e.  Other;

 

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

 

(9)  Current odometer mileage reading;

 

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

 

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

 

(12)  Owner's signature and date signed; and

 

(13)  Lienholder's signature and date signed, if applicable.

 

          (d)  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.

 

          (e)  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 entitled “Authorization for Mailing”:

 

(1)  Dealer’s name, address and plate number; and

 

(2)  Owner’s signature(s) 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 1924.01); ss by #10190, eff 9-27-12

 

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/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/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

 

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

 

          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/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

 

          Saf-C 1927.03  Release of a Security Interest. 

 

          (a)  A proper release of a security interest shall be executed as follows:

 

(1)  As provided on the face of the title, by furnishing:

 

a.  Firm's name; and

 

b.  Signature of the authorized agent and date signed;

 

(2)  Through a similar official form of release of security interest from another state; or

 

(3)  Through a release of lien or other encumbrances, form TDMV 20.

 

          (b)  The lienholder shall furnish the following on form TDMV 20:

 

(1)  Debtor's name and address;

 

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

 

(3)  Vehicle identification number;

 

(4)  Lienholder's name and address; and

 

(5)  Authorized principal or agent'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; ss by #10190, eff 9-27-12

 

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

 


 

APPENDIX

 

 

RULE

STATUTE IMPLEMENTED

Saf-C 1901.01

RSA 259:4; RSA 261:4-a

Saf-C 1901.02-1901.03

RSA 541-A:7

Saf-C 1901.04

RSA 259:13

Saf-C 1901.05

RSA 541-A:7

Saf-C 1901.06

RSA 259:19

Saf-C 1901.07

RSA 259:20

Saf-C 1901.08

RSA 259:22

Saf-C 1901.09

RSA 259:23

Saf-C 1901.10-1901.16

RSA 541-A:7

Saf-C 1901.17

RSA 259:52

Saf-C 1901.18

RSA 541-A:7

Saf-C 1901.19

RSA 259:63

Saf-C 1901.20

RSA 541-A:7

Saf-C 1901.21

RSA 259:67

Saf-C 1901.22

RSA 259:67

Saf-C 1901.23

RSA 259:74

Saf-C 1901.24

RSA 541-A:7

Saf-C 1901.25

RSA 259:88

Saf-C 1901.26

RSA 541-A:7

Saf-C 1901.27

RSA 259:106, II

Saf-C 1901.28

RSA 259:113

Saf-C 1901.29

RSA 541-A:7

Saf-C 1902.01

RSA 541-A:31

Saf-C 1902.02-1902.04

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 1902.08-1902.11

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 261:31

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 261:31

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 261:14-17; RSA 261:31

Saf-C 1913.01-1913.03

RSA 21-P:14, III(f); RSA 260:5; RSA 261:31; RSA 262:36-a

Saf-C 1914.01-1914.02

RSA 21-P:14, III(f),(l); RSA 260:5; RSA 261:31; RSA 450:1

and 450:2

Saf-C 1915.01

RSA 21-P:14, III(g); RSA 260:5; RSA 261:22; RSA 261:31

Saf-C 1916.01-1918.01

RSA 21-P:14, III (f),(i); RSA 260:5; 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  261:22; 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 261:31, II