Title 40, Chapter 3, Section 23
( 40-3-23)
(a) The commissioner or the commissioner's duly authorized county
tag agent shall file each application received and, when satisfied
as to its genuineness and regularity and that the applicant is
entitled to the issuance of a certificate of title, shall issue a
certificate of title of the vehicle. (b) The commissioner or the commissioner's duly authorized county
tag agent shall maintain a record of all certificates of title
issued: (1) Under a distinctive title number assigned to the vehicle; (2) Under the identifying number of the vehicle; (3) Alphabetically, under the name of the owner; (4) Under the vehicle tag registration number; and (5) In the discretion of the commissioner, in any other method the
commissioner determines. (c) The commissioner or the commissioner's duly authorized county
tag agent is authorized and empowered to provide for photographic
and photostatic recording of certificate of title records in such
manner as the commissioner or the commissioner's duly authorized
county tag agent may deem expedient. The photographic or
photostatic copies authorized in this subsection shall be sufficient
as evidence in tracing of titles of the motor vehicles designated
therein and shall also be admitted in evidence in all actions and
proceedings to the same extent that the originals would have been
admitted. (d) The motor vehicle records which the commissioner or the
commissioner's duly authorized county tag agent is required to
maintain under this Code section or any other provision are exempt
from the provisions of any law of this state requiring that such
records be open for public inspection; provided, however, that the
records of any particular motor vehicle may be available for
inspection by the following: (1) Any law enforcement officer for official law enforcement
investigations as certified by the commanding officer of the law
enforcement agency making such request; (2) The owner of the vehicle. When the title or registration
records of the department have not been changed to reflect a new
owner of the vehicle, proof of proprietary interest must be
submitted prior to release of the information; (3) Any judgment creditor of the owner of the vehicle upon the
presentation of a fi. fa.; (4) Any individual or an authorized agent or representative of
such individual involved in a motor vehicle accident either as an
operator of a motor vehicle, a passenger in a motor vehicle, or a
pedestrian; (5) Any licensed dealer of new or used motor vehicles;
(6) Any person for the purposes of a manufacturer's recall; and (7) Any tax collector, tax receiver, or tax commissioner. (d.1) In addition to any public inspection of records authorized
under subsection (d) of this Code section: (1) Motor vehicle records consisting of vehicle description, title
status, title brands, last recorded mileage, recorded liens, or
recorded security interests which the commissioner or the
commissioner's duly authorized county tag agent is required to
maintain under this Code section shall, in such manner and under
such conditions as prescribed by the commissioner, be furnished
individually or in bulk to any person upon payment of a reasonable
fee, for any purpose not otherwise prohibited by law, including
without limitation for the purpose of providing information to
allow for informed motor vehicle purchase and safety decisions.
Records furnished in accordance with this paragraph may be
subsequently transferred to third parties. Personal information
of any registrant, including name, address, date of birth, or
driver's license or social security number, shall not be furnished
or transferred by or to any person pursuant to this paragraph; and (2) The commissioner may in his or her discretion publish or
permit to be published statistical reports from records maintained
under this Code section, provided that such reports shall not
disclose any natural person's name, address, date of birth, or
driver's license or social security number. (e) The commissioner may, if necessary, promulgate reasonable rules
and regulations outlining additional circumstances under which such
records shall be open for public inspection. |