301.190. Certificate of ownership--application, contents--special requirements, certain vehicles--fees--failure to obtain within time limit, delinquency penalty--duration of certificate--unlawful to o - Missouri Statutes

Certificate of ownership--application, contents--special requirements,certain vehicles--fees--failure to obtain within time limit,delinquency penalty--duration of certificate--unlawful to operatewithout certificate--certain vehicles brought into state in awrecked or damaged condition or after being towed,inspection--certain vehicles previously registered in otherstates, designation--reconstructed motor vehicles, procedure.

301.190. 1. No certificate of registration of any motor vehicle ortrailer, or number plate therefor, shall be issued by the director ofrevenue unless the applicant therefor shall make application for and begranted a certificate of ownership of such motor vehicle or trailer, orshall present satisfactory evidence that such certificate has beenpreviously issued to the applicant for such motor vehicle or trailer.Application shall be made within thirty days after the applicant acquiresthe motor vehicle or trailer upon a blank form furnished by the director ofrevenue and shall contain the applicant's identification number, a fulldescription of the motor vehicle or trailer, the vehicle identificationnumber, and the mileage registered on the odometer at the time of transferof ownership, as required by section 407.536, RSMo, together with astatement of the applicant's source of title and of any liens orencumbrances on the motor vehicle or trailer, provided that for good causeshown the director of revenue may extend the period of time for making suchapplication. When an owner wants to add or delete a name or names on anapplication for certificate of ownership of a motor vehicle or trailer thatwould cause it to be inconsistent with the name or names listed on thenotice of lien, the owner shall provide the director with documentationevidencing the lienholder's authorization to add or delete a name or nameson an application for certificate of ownership.

2. The director of revenue shall use reasonable diligence inascertaining whether the facts stated in such application are true andshall, to the extent possible without substantially delaying processing ofthe application, review any odometer information pertaining to such motorvehicle that is accessible to the director of revenue. If satisfied thatthe applicant is the lawful owner of such motor vehicle or trailer, orotherwise entitled to have the same registered in his name, the directorshall thereupon issue an appropriate certificate over his signature andsealed with the seal of his office, procured and used for such purpose.The certificate shall contain on its face a complete description, vehicleidentification number, and other evidence of identification of the motorvehicle or trailer, as the director of revenue may deem necessary, togetherwith the odometer information required to be put on the face of thecertificate pursuant to section 407.536, RSMo, a statement of any liens orencumbrances which the application may show to be thereon, and, ifownership of the vehicle has been transferred, the name of the stateissuing the transferor's title and whether the transferor's odometermileage statement executed pursuant to section 407.536, RSMo, indicatedthat the true mileage is materially different from the number of milesshown on the odometer, or is unknown.

3. The director of revenue shall appropriately designate on thecurrent and all subsequent issues of the certificate the words"Reconstructed Motor Vehicle", "Motor Change Vehicle", "SpeciallyConstructed Motor Vehicle", or "Non-USA-Std Motor Vehicle", as defined insection 301.010. Effective July 1, 1990, on all original and allsubsequent issues of the certificate for motor vehicles as referenced insubsections 2 and 3 of section 301.020, the director shall print on theface thereof the following designation: "Annual odometer updates may beavailable from the department of revenue.". On any duplicate certificate,the director of revenue shall reprint on the face thereof the most recentof either:

(1) The mileage information included on the face of the immediatelyprior certificate and the date of purchase or issuance of the immediatelyprior certificate; or

(2) Any other mileage information provided to the director ofrevenue, and the date the director obtained or recorded that information.

4. The certificate of ownership issued by the director of revenueshall be manufactured in a manner to prohibit as nearly as possible theability to alter, counterfeit, duplicate, or forge such certificate withoutready detection. In order to carry out the requirements of thissubsection, the director of revenue may contract with a nonprofitscientific or educational institution specializing in the analysis ofsecure documents to determine the most effective methods of renderingMissouri certificates of ownership nonalterable or noncounterfeitable.

5. The fee for each original certificate so issued shall be eightdollars and fifty cents, in addition to the fee for registration of suchmotor vehicle or trailer. If application for the certificate is not madewithin thirty days after the vehicle is acquired by the applicant, adelinquency penalty fee of twenty-five dollars for the first thirty days ofdelinquency and twenty-five dollars for each thirty days of delinquencythereafter, not to exceed a total of two hundred dollars, but such penaltymay be waived by the director for a good cause shown. If the director ofrevenue learns that any person has failed to obtain a certificate withinthirty days after acquiring a motor vehicle or trailer or has sold avehicle without obtaining a certificate, he shall cancel the registrationof all vehicles registered in the name of the person, either as sole owneror as a co-owner, and shall notify the person that the cancellation willremain in force until the person pays the delinquency penalty fee providedin this section, together with all fees, charges and payments which theperson should have paid in connection with the certificate of ownership andregistration of the vehicle. The certificate shall be good for the life ofthe motor vehicle or trailer so long as the same is owned or held by theoriginal holder of the certificate and shall not have to be renewedannually.

6. Any applicant for a certificate of ownership requesting thedepartment of revenue to process an application for a certificate ofownership in an expeditious manner requiring special handling shall pay afee of five dollars in addition to the regular certificate of ownershipfee.

7. It is unlawful for any person to operate in this state a motorvehicle or trailer required to be registered under the provisions of thelaw unless a certificate of ownership has been applied for as provided inthis section.

8. Before an original Missouri certificate of ownership is issued, aninspection of the vehicle and a verification of vehicle identificationnumbers shall be made by the Missouri state highway patrol on vehicles forwhich there is a current title issued by another state if a Missourisalvage certificate of title has been issued for the same vehicle but noprior inspection and verification has been made in this state, except thatif such vehicle has been inspected in another state by a law enforcementofficer in a manner comparable to the inspection process in this state andthe vehicle identification numbers have been so verified, the applicantshall not be liable for the twenty-five dollar inspection fee if suchapplicant submits proof of inspection and vehicle identification numberverification to the director of revenue at the time of the application.The applicant, who has such a title for a vehicle on which no priorinspection and verification have been made, shall pay a fee of twenty-fivedollars for such verification and inspection, payable to the director ofrevenue at the time of the request for the application, which shall bedeposited in the state treasury to the credit of the state highways andtransportation department fund.

9. Each application for an original Missouri certificate of ownershipfor a vehicle which is classified as a reconstructed motor vehicle,specially constructed motor vehicle, kit vehicle, motor change vehicle,non-USA-std motor vehicle, or other vehicle as required by the director ofrevenue shall be accompanied by a vehicle examination certificate issued bythe Missouri state highway patrol, or other law enforcement agency asauthorized by the director of revenue. The vehicle examination shallinclude a verification of vehicle identification numbers and adetermination of the classification of the vehicle. The owner of a vehiclewhich requires a vehicle examination certificate shall present the vehiclefor examination and obtain a completed vehicle examination certificateprior to submitting an application for a certificate of ownership to thedirector of revenue. The fee for the vehicle examination application shallbe twenty-five dollars and shall be collected by the director of revenue atthe time of the request for the application and shall be deposited in thestate treasury to the credit of the state highways and transportationdepartment fund. If the vehicle is also to be registered in Missouri, thesafety inspection required in chapter 307, RSMo, and the emissionsinspection required under chapter 643, RSMo, shall be completed and thefees required by section 307.365, RSMo, and section 643.315, RSMo, shall becharged to the owner.

10. When an application is made for an original Missouri certificateof ownership for a motor vehicle previously registered or titled in a stateother than Missouri or as required by section 301.020, it shall beaccompanied by a current inspection form certified by a duly authorizedofficial inspection station as described in chapter 307, RSMo. Thecompleted form shall certify that the manufacturer's identification numberfor the vehicle has been inspected, that it is correctly displayed on thevehicle and shall certify the reading shown on the odometer at the time ofinspection. The inspection station shall collect the same fee asauthorized in section 307.365, RSMo, for making the inspection, and the feeshall be deposited in the same manner as provided in section 307.365, RSMo.If the vehicle is also to be registered in Missouri, the safety inspectionrequired in chapter 307, RSMo, and the emissions inspection required underchapter 643, RSMo, shall be completed and only the fees required by section307.365, RSMo, and section 643.315, RSMo, shall be charged to the owner.This section shall not apply to vehicles being transferred on amanufacturer's statement of origin.

11. Motor vehicles brought into this state in a wrecked or damagedcondition or after being towed as an abandoned vehicle pursuant to anotherstate's abandoned motor vehicle procedures shall, in lieu of the inspectionrequired by subsection 10 of this section, be inspected by the Missouristate highway patrol in accordance with subsection 9 of this section. Ifthe inspection reveals the vehicle to be in a salvage or junk condition,the director shall so indicate on any Missouri certificate of ownershipissued for such vehicle. Any salvage designation shall be carried forwardon all subsequently issued certificates of title for the motor vehicle.

12. When an application is made for an original Missouri certificateof ownership for a motor vehicle previously registered or titled in a stateother than Missouri, and the certificate of ownership has beenappropriately designated by the issuing state as a reconstructed motorvehicle, motor change vehicle, specially constructed motor vehicle, orprior salvage vehicle, the director of revenue shall appropriatelydesignate on the current Missouri and all subsequent issues of thecertificate of ownership the name of the issuing state and such priordesignation. The absence of any prior designation shall not relieve atransferor of the duty to exercise due diligence with regard to suchcertificate of ownership prior to the transfer of a certificate. If atransferor exercises any due diligence with regard to a certificate ofownership, the legal transfer of a certificate of ownership without anydesignation that is subsequently discovered to have or should have had adesignation shall be a transfer free and clear of any liabilities of thetransferor associated with the missing designation.

13. When an application is made for an original Missouri certificateof ownership for a motor vehicle previously registered or titled in a stateother than Missouri, and the certificate of ownership has beenappropriately designated by the issuing state as non-USA-std motor vehicle,the director of revenue shall appropriately designate on the currentMissouri and all subsequent issues of the certificate of ownership thewords "Non-USA-Std Motor Vehicle".

14. The director of revenue and the superintendent of the Missouristate highway patrol shall make and enforce rules for the administration ofthe inspections required by this section. 15. Each application for anoriginal Missouri certificate of ownership for a vehicle which isclassified as a reconstructed motor vehicle, manufactured forty or moreyears prior to the current model year, and which has a value of threethousand dollars or less shall be accompanied by:

(1) A proper affidavit submitted by the owner explaining how themotor vehicle or trailer was acquired and, if applicable, the reasons avalid certificate of ownership cannot be furnished;

(2) Photocopies of receipts, bills of sale establishing ownership, ortitles, and the source of all major component parts used to rebuild thevehicle;

(3) A fee of one hundred fifty dollars in addition to the feesdescribed in subsection 5 of this section. Such fee shall be deposited inthe state treasury to the credit of the state highways and transportationdepartment fund; and

(4) An inspection certificate, other than a motor vehicle examinationcertificate required under subsection 9 of this section, completed andissued by the Missouri state highway patrol, or other law enforcementagency as authorized by the director of revenue. The inspection performedby the highway patrol or other authorized local law enforcement agencyshall include a check for stolen vehicles. The department of revenue shallissue the owner a certificate of ownership designated with the words"Reconstructed Motor Vehicle" and deliver such certificate of ownership inaccordance with the provisions of this chapter. Notwithstanding subsection9 of this section, no owner of a reconstructed motor vehicle described inthis subsection shall be required to obtain a vehicle examinationcertificate issued by the Missouri state highway patrol.

(RSMo 1939 § 8382, A.L. 1947 V. I p. 380, A.L. 1965 p. 470, A.L. 1981 H.B. 511, A.L. 1983 H.B. 149, et al., A.L. 1984 H.B. 1045, A.L. 1985 H.B. 280, et al., A.L. 1986 H.B. 1367 & 1573, A.L. 1986 H.B. 1153, A.L. 1987 H.B. 605, A.L. 1988 H.B. 1581, A.L. 1989 H.B. 211, A.L. 1990 H.B. 1279, A.L. 1992 H.B. 884, A.L. 1997 S.B. 361, A.L. 1999 S.B. 19, A.L. 2003 H.B. 600, A.L. 2004 S.B. 1233, et al., A.L. 2005 H.B. 487 merged with S.B. 488, A.L. 2006 S.B. 583, A.L. 2007 S.B. 82, A.L. 2009 H.B. 269)

CROSS REFERENCE:

Security interests in motor vehicles and trailers to be shown on certificate of title, RSMo 301.600