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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1462
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
6208S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 301.190 and 307.380, RSMo, and to enact in lieu thereof two new sections
relating to motor vehicle inspections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 301.190 and 307.380, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 301.190 and 307.380, to read as follows:3
301.190. 1. No certificate of registration of any 1
motor vehicle or trailer, or number plate therefor, shall be 2
issued by the director of revenue unless the applicant 3
therefor shall make application for and be granted a 4
certificate of ownership of such motor vehicle or trailer, 5
or shall present satisfactory evidence that such certificate 6
has been previously issued to the applicant for such motor 7
vehicle or trailer. Application shall be made within thirty 8
days after the applicant acquires the motor vehicle or 9
trailer, unless the motor vehicle was acquired under section 10
301.213 or subsection 5 of section 301.210 in which case the 11
applicant shall make application within thirty days after 12
receiving title from the dealer, upon a blank form furnished 13
by the director of revenue and shall contain the applicant's 14
identification number, a full description of the motor 15
vehicle or trailer, the vehicle identification number, and 16
the mileage registered on the odometer at the time of 17
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transfer of ownership, as required by section 407.536, 18
together with a statement of the applicant's source of title 19
and of any liens or encumbrances on the motor vehicle or 20
trailer, provided that for good cause shown the director of 21
revenue may extend the period of time for making such 22
application. When an owner wants to add or delete a name or 23
names on an application for certificate of ownership of a 24
motor vehicle or trailer that would cause it to be 25
inconsistent with the name or names listed on the notice of 26
lien, the owner shall provide the director with 27
documentation evidencing the lienholder's authorization to 28
add or delete a name or names on an application for 29
certificate of ownership. 30
2. The director of revenue shall use reasonable 31
diligence in ascertaining whether the facts stated in such 32
application are true and shall, to the extent possible 33
without substantially delaying processing of the 34
application, review any odometer information pertaining to 35
such motor vehicle that is accessible to the director of 36
revenue. If satisfied that the applicant is the lawful 37
owner of such motor vehicle or trailer, or otherwise 38
entitled to have the same registered in his name, the 39
director shall thereupon issue an appropriate certificate 40
over his signature and sealed with the seal of his office, 41
procured and used for such purpose. The certificate shall 42
contain on its face a complete description, vehicle 43
identification number, and other evidence of identification 44
of the motor vehicle or trailer, as the director of revenue 45
may deem necessary, together with the odometer information 46
required to be put on the face of the certificate pursuant 47
to section 407.536, a statement of any liens or encumbrances 48
which the application may show to be thereon, and, if 49
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ownership of the vehicle has been transferred, the name of 50
the state issuing the transferor's title and whether the 51
transferor's odometer mileage statement executed pursuant to 52
section 407.536 indicated that the true mileage is 53
materially different from the number of miles shown on the 54
odometer, or is unknown. 55
3. The director of revenue shall appropriately 56
designate on the current and all subsequent issues of the 57
certificate the words "Reconstructed Motor Vehicle", "Motor 58
Change Vehicle", "Specially Constructed Motor Vehicle", or 59
"Non-USA-Std Motor Vehicle", as defined in section 301.010. 60
Effective July 1, 1990, on all original and all subsequent 61
issues of the certificate for motor vehicles as referenced 62
in subsections 2 and 3 of section 301.020, the director 63
shall print on the face thereof the following designation: 64
"Annual odometer updates may be available from the 65
department of revenue.". On any duplicate certificate, the 66
director of revenue shall reprint on the face thereof the 67
most recent of either: 68
(1) The mileage information included on the face of 69
the immediately prior certificate and the date of purchase 70
or issuance of the immediately prior certificate; or 71
(2) Any other mileage information provided to the 72
director of revenue, and the date the director obtained or 73
recorded that information. 74
4. The certificate of ownership issued by the director 75
of revenue shall be manufactured in a manner to prohibit as 76
nearly as possible the ability to alter, counterfeit, 77
duplicate, or forge such certificate without ready 78
detection. In order to carry out the requirements of this 79
subsection, the director of revenue may contract with a 80
nonprofit scientific or educational institution specializing 81
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in the analysis of secure documents to determine the most 82
effective methods of rendering Missouri certificates of 83
ownership nonalterable or noncounterfeitable. 84
5. The fee for each original certificate so issued 85
shall be eight dollars and fifty cents, in addition to the 86
fee for registration of such motor vehicle or trailer. If 87
application for the certificate is not made within thirty 88
days after the vehicle is acquired by the applicant, or 89
where the motor vehicle was acquired under section 301.213 90
or subsection 5 of section 301.210 and the applicant fails 91
to make application within thirty days after receiving title 92
from the dealer, a delinquency penalty fee of twenty-five 93
dollars for the first thirty days of delinquency and twenty- 94
five dollars for each thirty days of delinquency thereafter, 95
not to exceed a total of two hundred dollars, but such 96
penalty may be waived by the director for a good cause 97
shown. If the director of revenue learns that any person 98
has failed to obtain a certificate within thirty days after 99
acquiring a motor vehicle or trailer, or where the motor 100
vehicle was acquired under section 301.213 or subsection 5 101
of section 301.210 and the applicant fails to make 102
application within thirty days after receiving title from 103
the dealer, or has sold a vehicle without obtaining a 104
certificate, he shall cancel the registration of all 105
vehicles registered in the name of the person, either as 106
sole owner or as a co-owner, and shall notify the person 107
that the cancellation will remain in force until the person 108
pays the delinquency penalty fee provided in this section, 109
together with all fees, charges and payments which the 110
person should have paid in connection with the certificate 111
of ownership and registration of the vehicle. The 112
certificate shall be good for the life of the motor vehicle 113
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or trailer so long as the same is owned or held by the 114
original holder of the certificate and shall not have to be 115
renewed annually. 116
6. Any applicant for a certificate of ownership 117
requesting the department of revenue to process an 118
application for a certificate of ownership in an expeditious 119
manner requiring special handling shall pay a fee of five 120
dollars in addition to the regular certificate of ownership 121
fee. 122
7. It is unlawful for any person to operate in this 123
state a motor vehicle or trailer required to be registered 124
under the provisions of the law unless a certificate of 125
ownership has been applied for as provided in this section. 126
8. Before an original Missouri certificate of 127
ownership is issued, an inspection of the vehicle and a 128
verification of vehicle identification numbers shall be made 129
by the Missouri state highway patrol on vehicles for which 130
there is a current title issued by another state if a 131
Missouri salvage certificate of title has been issued for 132
the same vehicle but no prior inspection and verification 133
has been made in this state, except that if such vehicle has 134
been inspected in another state by a law enforcement officer 135
in a manner comparable to the inspection process in this 136
state and the vehicle identification numbers have been so 137
verified, the applicant shall not be liable for the twenty- 138
five dollar inspection fee if such applicant submits proof 139
of inspection and vehicle identification number verification 140
to the director of revenue at the time of the application. 141
The applicant, who has such a title for a vehicle on which 142
no prior inspection and verification have been made, shall 143
pay a fee of twenty-five dollars for such verification and 144
inspection, payable to the director of revenue at the time 145
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of the request for the application, which shall be deposited 146
in the state treasury to the credit of the state highways 147
and transportation department fund. 148
9. Each application for an original Missouri 149
certificate of ownership for a vehicle which is classified 150
as a reconstructed motor vehicle, specially constructed 151
motor vehicle, kit vehicle, motor change vehicle, non-USA- 152
std motor vehicle, or other vehicle as required by the 153
director of revenue shall be accompanied by a vehicle 154
examination certificate issued by the Missouri state highway 155
patrol, or other law enforcement agency as authorized by the 156
director of revenue. The vehicle examination shall include 157
a verification of vehicle identification numbers and a 158
determination of the classification of the vehicle. The 159
owner of a vehicle which requires a vehicle examination 160
certificate shall present the vehicle for examination and 161
obtain a completed vehicle examination certificate prior to 162
submitting an application for a certificate of ownership to 163
the director of revenue. Notwithstanding any provision of 164
the law to the contrary, an owner presenting a motor vehicle 165
which has been issued a salvage title and which is ten years 166
of age or older to a vehicle examination described in this 167
subsection in order to obtain a certificate of ownership 168
with the designation prior salvage motor vehicle shall not 169
be required to repair or restore the vehicle to its original 170
appearance in order to pass or complete the vehicle 171
examination. The fee for the vehicle examination 172
application shall be twenty-five dollars and shall be 173
collected by the director of revenue at the time of the 174
request for the application and shall be deposited in the 175
state treasury to the credit of the state highways and 176
transportation department fund. If the vehicle is also to 177
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be registered in Missouri, the safety inspection required in 178
chapter 307 and the emissions inspection required under 179
chapter 643 shall be completed and the fees required by 180
section 307.365 and section 643.315 shall be charged to the 181
owner. 182
10. When an application is made for an original 183
Missouri certificate of ownership for a motor vehicle 184
previously registered or titled in a state other than 185
Missouri or as required by section 301.020, it shall be 186
accompanied by a current inspection form certified by a duly 187
authorized official inspection station as described in 188
chapter 307, except that such inspection may be completed by 189
an employee of a licensed new or used motor vehicle dealer 190
for a motor vehicle sold to a person who lives outside of 191
this state and intends to register the vehicle outside of 192
this state or for a motor vehicle having less than thirty 193
thousand miles for the three-year period following the model 194
year of manufacture. The completed form shall certify that 195
the manufacturer's identification number for the vehicle has 196
been inspected, that it is correctly displayed on the 197
vehicle and shall certify the reading shown on the odometer 198
at the time of inspection. The inspection station or, in 199
the case of a motor vehicle sold to a person who lives 200
outside of this state and intends to register the vehicle 201
outside of this state or a motor vehicle having less than 202
thirty thousand miles for the three-year period following 203
the model year of manufacture, the licensed new or used 204
motor vehicle dealer shall collect the same fee as 205
authorized in section 307.365 for making the inspection, and 206
the fee shall be deposited in the same manner as provided in 207
section 307.365. If the vehicle is also to be registered in 208
Missouri, the safety inspection required in chapter 307 and 209
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the emissions inspection required under chapter 643 shall be 210
completed and only the fees required by section 307.365 and 211
section 643.315 shall be charged to the owner. This section 212
shall not apply to vehicles being transferred on a 213
manufacturer's statement of origin. 214
11. Motor vehicles brought into this state in a 215
wrecked or damaged condition or after being towed as an 216
abandoned vehicle pursuant to another state's abandoned 217
motor vehicle procedures shall, in lieu of the inspection 218
required by subsection 10 of this section, be inspected by 219
the Missouri state highway patrol in accordance with 220
subsection 9 of this section. If the inspection reveals the 221
vehicle to be in a salvage or junk condition, the director 222
shall so indicate on any Missouri certificate of ownership 223
issued for such vehicle. Any salvage designation shall be 224
carried forward on all subsequently issued certificates of 225
title for the motor vehicle. 226
12. When an application is made for an original 227
Missouri certificate of ownership for a motor vehicle 228
previously registered or titled in a state other than 229
Missouri, and the certificate of ownership has been 230
appropriately designated by the issuing state as a 231
reconstructed motor vehicle, motor change vehicle, specially 232
constructed motor vehicle, or prior salvage vehicle, the 233
director of revenue shall appropriately designate on the 234
current Missouri and all subsequent issues of the 235
certificate of ownership the name of the issuing state and 236
such prior designation. The absence of any prior 237
designation shall not relieve a transferor of the duty to 238
exercise due diligence with regard to such certificate of 239
ownership prior to the transfer of a certificate. If a 240
transferor exercises any due diligence with regard to a 241
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certificate of ownership, the legal transfer of a 242
certificate of ownership without any designation that is 243
subsequently discovered to have or should have had a 244
designation shall be a transfer free and clear of any 245
liabilities of the transferor associated with the missing 246
designation. 247
13. When an application is made for an original 248
Missouri certificate of ownership for a motor vehicle 249
previously registered or titled in a state other than 250
Missouri, and the certificate of ownership has been 251
appropriately designated by the issuing state as non-USA-std 252
motor vehicle, the director of revenue shall appropriately 253
designate on the current Missouri and all subsequent issues 254
of the certificate of ownership the words "Non-USA-Std Motor 255
Vehicle". 256
14. The director of revenue and the superintendent of 257
the Missouri state highway patrol shall make and enforce 258
rules for the administration of the inspections required by 259
this section. 260
15. Each application for an original Missouri 261
certificate of ownership for a vehicle which is classified 262
as a reconstructed motor vehicle, manufactured forty or more 263
years prior to the current model year, and which has a value 264
of three thousand dollars or less shall be accompanied by: 265
(1) A proper affidavit submitted by the owner 266
explaining how the motor vehicle or trailer was acquired 267
and, if applicable, the reasons a valid certificate of 268
ownership cannot be furnished; 269
(2) Photocopies of receipts, bills of sale 270
establishing ownership, or titles, and the source of all 271
major component parts used to rebuild the vehicle; 272
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(3) A fee of one hundred fifty dollars in addition to 273
the fees described in subsection 5 of this section. Such 274
fee shall be deposited in the state treasury to the credit 275
of the state highways and transportation department fund; and 276
(4) An inspection certificate, other than a motor 277
vehicle examination certificate required under subsection 9 278
of this section, completed and issued by the Missouri state 279
highway patrol, or other law enforcement agency as 280
authorized by the director of revenue. The inspection 281
performed by the highway patrol or other authorized local 282
law enforcement agency shall include a check for stolen 283
vehicles. 284
The department of revenue shall issue the owner a 285
certificate of ownership designated with the words 286
"Reconstructed Motor Vehicle" and deliver such certificate 287
of ownership in accordance with the provisions of this 288
chapter. Notwithstanding subsection 9 of this section, no 289
owner of a reconstructed motor vehicle described in this 290
subsection shall be required to obtain a vehicle examination 291
certificate issued by the Missouri state highway patrol. 292
307.380. 1. Every vehicle of the type required to be 1
inspected upon having been involved in an accident and when 2
so directed by a police officer must be inspected and an 3
official certificate of inspection and approval, sticker, 4
seal or other device be obtained for such vehicle before it 5
is again operated on the highways of this state. [At the 6
seller's expense every used motor vehicle of the type 7
required to be inspected by section 307.350 shall 8
immediately prior to sale be fully inspected regardless of 9
any current certificate of inspection and approval, and an 10
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appropriate new certificate of inspection and approval, 11
sticker, seal or other device shall be obtained.] 12
2. At the seller's expense, every used motor vehicle 13
of the type required to be inspected by section 307.350 14
shall, immediately prior to sale, be fully inspected 15
regardless of any current certificate of inspection and 16
approval, and an appropriate new certificate of inspection 17
and approval, sticker, seal, or other device shall be 18
obtained no more than sixty days prior to the date of sale, 19
except that such inspection shall not be required for a 20
motor vehicle sold to a person who lives outside of this 21
state and intends to register the vehicle outside of this 22
state or for a motor vehicle having less than thirty 23
thousand miles for the three-year period following the model 24
year of manufacture when: 25
(1) Sold by a private seller; or 26
(2) Sold by a licensed new or used motor vehicle 27
dealer, provided that such dealer has sold at least two 28
hundred motor vehicles in the previous calendar year. 29
The seller of a motor vehicle required to be inspected under 30
this subsection shall present the certificate of inspection 31
and approval to the buyer at the point of sale and the buyer 32
shall be required to submit the certificate of inspection 33
when applying for registration of the vehicle. 34
3. Nothing contained in the provisions of this section 35
shall be construed to prohibit a dealer or any other person 36
from selling a vehicle without a certificate of inspection 37
and approval if the vehicle is sold for junk, salvage, or 38
for rebuilding, or for vehicles sold at public auction or 39
from dealer to dealer. The purchaser of any vehicle which 40
is purchased for junk, salvage, or for rebuilding shall give 41
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to the seller an affidavit, on a form prescribed by the 42
superintendent of the Missouri state highway patrol, stating 43
that the vehicle is being purchased for one of the reasons 44
stated herein. No vehicle of the type required to be 45
inspected by section 307.350 which is purchased as junk, 46
salvage, or for rebuilding shall again be registered in this 47
state until the owner has submitted the vehicle for 48
inspection and obtained an official certificate of 49
inspection and approval, sticker, seal or other device for 50
such vehicle. 51
[3.] 4. Notwithstanding the provisions of section 52
307.390, violation of this section shall be deemed an 53
infraction. 54
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