Title 40, Chapter 3, Section 21
( 40-3-21)
(a) The application for the first certificate of title of a vehicle
in this state shall be made by the owner to the commissioner or the
commissioner's duly authorized county tag agent on the prescribed
form. Except as provided in subsection (b) of this Code section,
the application must be submitted to the commissioner or the
appropriate authorized county tag agent by the owner of the vehicle
within 90 days from the date of purchase of the vehicle or from the
date the owner is otherwise required by law to register the vehicle
in this state. If the owner does not submit the application within
that time, the owner of the vehicle shall be required to pay a
penalty of $10.00 in addition to the ordinary title fee provided for
by this chapter. If the documents submitted in support of the title
application are rejected, the party submitting the documents shall
have 60 days from the date of rejection to resubmit the documents
required by the commissioner or the authorized county tag agent for
the issuance of a certificate of title. Should the documents not be
properly resubmitted within the 60 day period, there shall be an
additional $10.00 penalty assessed, and the owner of the vehicle
shall be required to remove immediately the license plate of the
vehicle and return same to the commissioner or the authorized county
tag agent. The license plate shall be deemed to have expired at
12:00 Midnight of the sixtieth day following the initial rejection
of the documents submitted, if the documents have not been
resubmitted as required under this subsection. Such application
shall contain: (1) The name, residence, and mailing address of the owner; (2) A description of the vehicle, including, so far as the
following data exist: its make, model, identifying number, type of
body, the number of cylinders, and whether new, used, or a
demonstrator and, for a manufactured home, the manufacturer's
statement or certificate of origin and the full serial number for
all manufactured homes sold in this state on or after July 1,
1994; (3) The date of purchase by the applicant and, except as provided
in paragraph (2) of subsection (c) of this Code section, the name
and address of the person from whom the vehicle was acquired and
the names and addresses of the holders of all security interests
and liens in order of their priority; and (4) Any further information the commissioner reasonably requires
to identify the vehicle and to enable the commissioner or the
authorized county tag agent to determine whether the owner is
entitled to a certificate of title and the existence or
nonexistence of security interests in the vehicle and liens on the
vehicle. (b)(1) As used in this subsection, the term "digital signature"
means a digital or electronic method executed or adopted by a
party with the intent to be bound by or to authenticate a record,
which is unique to the person using it, is capable of
verification, is under the sole control of the person using it,
and is linked to data in such a manner that if the data are
changed the digital or electronic signature is invalidated. (2) If the application refers to a vehicle purchased from a
dealer, it shall contain the name and address of the holder of any
security interest created or reserved at the time of the sale by
the dealer. The application shall be signed by the owner and,
unless the dealer's signature appears on the certificate of title
or manufacturer's statement of origin submitted in support of the
title application, the dealer, provided that as an alternative to
a handwritten signature, the commissioner may authorize use of a
digital signature as long as appropriate security measures are
implemented which assure security and verification of the digital
signature process, in accordance with regulations promulgated by
the commissioner. The dealer shall promptly mail or deliver the
application to the commissioner or the county tag agent of the
county in which the seller is located, of the county in which the
sale takes place, of the county in which the vehicle is delivered,
or of the county wherein the vehicle owner resides so as to have
the application submitted to the commissioner or such authorized
county tag agent within 90 days from the date of the sale of the
vehicle. If the application is not submitted within that time,
the dealer, or in nondealer sales the transferee, shall be
required to pay a penalty of $10.00 in addition to the ordinary
title fee paid by the transferee provided for in this chapter. If
the documents submitted in support of the title application are
rejected, the dealer submitting the documents shall have 60 days
from the date of initial rejection to resubmit the documents
required by the commissioner or authorized county tag agent for
the issuance of a certificate of title. Should the documents not
be properly resubmitted within 60 days, there shall be an
additional penalty of $10.00 assessed against the dealer. The
willful failure of a dealer to obtain a certificate of title for a
purchaser shall be grounds for suspension or revocation of the
dealer's state issued license and registration for the sale of
motor vehicles. (c)(1) If the application refers to a vehicle last previously
registered in another state or country, the application shall
contain or be accompanied by: (A) Any certificate of title issued by the other state or
country; and (B) Any other information and documents the commissioner or
authorized county tag agent reasonably requires to establish the
ownership of the vehicle and the existence or nonexistence of
security interests in it and liens against it. (2) If the application refers to a vehicle last previously
registered in another state and if the applicant is the last
previously registered owner in such state, the application need
not contain the name and address of the person from whom the
vehicle was acquired. |