Chapter 139 |
2023 -- H 5537 SUBSTITUTE A Enacted 06/20/2023 |
A N A C T |
RELATING TO MOTOR AND OTHER VEHICLES -- CERTIFICATES OF TITLE AND SECURITY INTERESTS |
Introduced By: Representatives McEntee, O'Brien, Craven, Caldwell, and Finkelman |
Date Introduced: February 15, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 31-3.1-4 of the General Laws in Chapter 31-3.1 entitled "Certificates |
of Title and Security Interests" is hereby amended to read as follows: |
31-3.1-4. Application for first certificate of title. |
(a) The application for the first certificate of title of a vehicle in this state shall be made by |
the owner to the division of motor vehicles on the form it prescribes and 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 exists: its make, |
model, identifying number, type of body, the number of cylinders, and whether new or used; |
(3) The date of purchase by the applicant, the name and address of the person from whom |
the vehicle was acquired, and the names and addresses of any lienholders in the order of their |
priority and the dates of their security agreements; and |
(4) Any further information the division reasonably requires to identify the vehicle and to |
enable it to determine whether the owner is entitled to a certificate of title, and the existence or |
nonexistence of security interests in the vehicle. |
(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name |
and address of any lienholder holding a security interest created or reserved at the time of the sale |
and the date of this security agreement and be signed by the dealer as well as the owner, and the |
dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also |
complete a security lien statement as provided in § 31-3.1-19. |
(c) If the application refers to a vehicle last previously registered in another state or country, |
the application shall contain or be accompanied by: |
(1) Any certificate of title issued by the other state or country; |
(2) Any other information and documents the division reasonably requires to establish the |
ownership of the vehicle and the existence or nonexistence of a security interest in it; and |
(3) The certificate of a person authorized by law that the identifying number of the vehicle |
has been inspected and found to conform to the description given in the application, or any other |
proof of the identity of the vehicle the division reasonably requires. |
(d)(1) Chiefs of police, their designees, who shall be employees of the police department, |
a licensed Rhode Island new motor vehicle dealer, or, in an emergency, the administrator of the |
division of motor vehicles, or his or her the administrator’s designee, shall conduct the inspection |
of the vehicle identifying number, and certify, on forms provided by the division, that it has been |
found to conform to the description given in the application or any other form of the identity of the |
vehicle the division reasonably requires. An inspection and certification fee of ten dollars ($10.00) |
shall be assessed against the applicant by the city or town whose police conduct the inspection or |
by the licensed Rhode Island new motor vehicle dealer who conducts the inspection. The inspection |
by the chiefs of police, or their designees, who shall be employees of the police department, shall |
be conducted at the local city or town police station, at a municipally owned building, or at a |
licensed new motor vehicle dealership. A licensed Rhode Island new motor vehicle dealer shall |
conduct the inspection at their business location. This provision eliminates the responsibility for |
the inspection to be performed by division personnel. |
(2) Upon inspection of the vehicle identifying number as provided for in this section, each |
vehicle identification number shall be submitted for a National Crime Information Center (NCIC) |
check, and the results, sometimes called the “NCIC check number,” shall be attached to the TR-5 |
form provided by the division or to any other form consistent with this provision that the division |
might reasonably require. The vehicle identification number shall be submitted for a NCIC check |
by the chiefs of police, or designees, who shall be employees of the police department. Ten dollars |
($10.00) collected by the licensed Rhode Island new motor vehicle dealer who conducts the |
inspection in subsection (d)(1) of this section shall be payable to the city or town whose police |
conduct the NCIC check. |
(e) No person, partnership, or corporation shall charge a fee in excess of ten dollars |
($10.00) for obtaining a certificate of title for a motor vehicle. |
(f) In the town of Exeter, the town sergeant, or designees, who shall also be employees of |
the Exeter town sergeant’s office, are authorized to conduct the inspection required by this section. |
SECTION 2. This act shall take effect upon passage. |
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LC001696/SUB A |
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