Okla. Admin. Code § 765:40-3-1 - Proof of ownership
(a)
Documentation required. Prior to the purchase of a used motor
vehicle, trailer, or nonmotorized recreational vehicle a crusher shall require
one of the following documents as proof of ownership from the person selling
the used motor vehicle, trailer, or nonmotorized recreational vehicle:
(1) a certificate of title in the name of the
seller that shows no outstanding liens,
(2) a notarized power of attorney from the
individual on the certificate of title authorizing the seller to dispose of the
vehicle on behalf of the owner,
(3)
a bill of sale from the owner as identified by the certificate of title to the
person presenting the vehicle to be crushed or shredded,
(4) a statement of ownership from the seller
stating that the vehicle to be crushed was purchased from the lawful owner,
accompanied by a bill of sale from the lawful owner including a statement that
there are no outstanding liens on the vehicle, and a statement that the vehicle
was inoperable or incapable of operation or use on the highway and has no
resale value except as scrap,
(5)
paperwork from a licensed wrecker operator showing that the wrecker operator
has properly foreclosed its lien on the vehicle to be crushed or shredded and
that the person selling the vehicle is the owner as shown on the return of sale
in the foreclosure form.
(6) a bill
of sale from a property owner together with proof of ownership or leasehold
interest of the land from which the vehicle to be crushed was removed and a
current printout from the Oklahoma Tax Commission Motor Vehicle Division
showing that there is no record of the vehicle in its records or that the owner
of the vehicle according to its records is the property owner.
(7) a document that upon presentation to the
Oklahoma Tax Commission could be the basis for the issuance of a certificate of
title in the name of the person presenting the vehicle to be crushed, such as a
Court Order stating that the person is the owner of the vehicle.
(b)
Holding period
required. A crusher shall:
(1) Make
available a report or copy within three (3) days of the purchase of a vehicle
to the local enforcement agency of the municipality or other political
subdivision in which the crusher is located or temporarily operating. If the
crusher is operating within the city limits of a municipality, the crusher
shall submit its report to the police department for the municipality and to
the County Sheriff's office for the County in which the municipality lies. If
the crusher is located outside of municipal limits, the report shall be
submitted to the County Sheriff's Office only. With the report shall be an
acknowledgment form which the representative of the law enforcement agency
shall sign acknowledging receipt of the report, the original of which shall
become part of the crusher's records. Such copy or report shall be shown upon
request to the representative of the Commission or to any authorized peace
officer. The report shall be on a form approved by the Commission and shall
contain the following information:
(A) The
name, address and telephone number of the crusher whereby the crusher operator
may be immediately contacted,
(B)
The name, address, race, sex, weight, height, date of birth and identifying
number of the seller as verified by either a state-issued identification card,
driver's license or federal government-issued identification card, or, in lieu
of other form of identification card, a readable fingerprint of the seller's
right or left index finger. If a fingerprint of either index finger cannot be
obtained, a readable fingerprint of the left thumb or any finger on the left
hand shall be taken. If no fingerprint from the left hand can be taken, nor the
right index finger, then a readable fingerprint from the right hand shall be
taken.
(C) A description of the
vehicle, the manufacturer of the vehicle, the vehicle identification numbers of
the vehicle, and the date and time of the purchase of the vehicle.
(D) A description of the ownership document
provided by the seller.
(2) Hold the vehicles reported in the same
condition in which they were purchased for a period of three (3) days after
submitting the report required in paragraph (1) above. The crusher shall retain
a vehicle in the same condition in which it was purchased for a period up to
thirty (30) days, in the event a representative of the Commission or a law
enforcement officer requests that the crusher do so. Retention of a vehicle
beyond the thirty (30) day period shall require a Court Order or administrative
Order from the Commission.
(c)
Exception. A licensed
automotive dismantler shall not be required to produce proof of ownership to a
crusher before selling vehicles to the crusher if the dismantler purchased the
vehicles in the ordinary course of business and the dismantler has purchase
records for the vehicles to be crushed.
(d)
No re-assignment. A crusher
shall not have the right of reassignment of a certificate of title.
(e)
Records retention: A crusher
shall keep the records of its purchases for a period of three (3) years from
the date of purchase. The records shall be kept at the crusher's licensed place
of business and shall be available to any representative of the Commission or
any law enforcement officer upon request.
Notes
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