Effective - 28 Aug 2020, 3 histories
301.193. Abandoned property, titling of, privately owned real estate, procedure — salvage or junking certificate authorized, when — watercraft titled through claims adjustment process, certificate of title authorized, when. — 1. Any person who purchases or is the owner of real property on which vehicles, as defined in section 301.010, vessels or watercraft, as defined in section 306.010, or outboard motors, as that term is used in section 306.530, have been abandoned, without the consent of said purchaser or owner of the real property, may apply to the department of revenue for a certificate of title. Any insurer which purchases a vehicle through the claims adjustment process for which the insurer is unable to obtain a negotiable title may make an application to the department of revenue for a salvage certificate of title pursuant to this section. Prior to making application for a certificate of title on a vehicle under this section, the insurer or owner of the real estate shall have the vehicle inspected by law enforcement pursuant to subsection 9 of section 301.190, and shall have law enforcement perform a check in the national crime information center and any appropriate statewide law enforcement computer to determine if the vehicle has been reported stolen and the name and address of the person to whom the vehicle was last titled and any lienholders of record. The insurer or owner or purchaser of the real estate shall, thirty days prior to making application for title, notify any owners or lienholders of record for the vehicle by certified mail that the owner intends to apply for a certificate of title from the director for the abandoned vehicle. The application for title shall be accompanied by:
(1) A statement explaining the circumstances by which the property came into the insurer, owner, or purchaser's possession; a description of the property including the year, make, model, vehicle identification number, and any decal or license plate that may be affixed to the vehicle; the current location of the property; and the retail value of the property;
(2) An inspection report of the property, if it is a vehicle, by a law enforcement agency pursuant to subsection 9 of section 301.190; and
(3) A copy of the thirty-day notice and certified mail receipt mailed to any owner and any person holding a valid security interest of record.
2. Upon receipt of the application and supporting documents, the director shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the property described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders. If the latest owner or lienholder was not notified the director shall inform the insurer, owner, or purchaser of the real estate of the latest owner and lienholder information so that notice may be given as required by subsection 1 of this section. Any owner or lienholder receiving notification may protest the issuance of title by, within the thirty-day or forty-five-day notice period, as applicable, and may file a petition to recover the vehicle, naming the insurer described in subsection 1, 3, or 6 of this section, as applicable; a salvage pool or salvage dealer and dismantler described in subsection 4 of this section; a used motor vehicle dealer described in subsection 5 of this section; or the owner of the real estate and serving a copy of the petition on the director of revenue. The director shall not be a party to such petition but shall, upon receipt of the petition, suspend the processing of any further certificate of title until the rights of all parties to the vehicle are determined by the court. Once all requirements are satisfied the director shall issue one of the following:
(1) An original certificate of title if the vehicle examination certificate, as provided in section 301.190, indicates that the vehicle was not previously in a salvaged condition or rebuilt;
(2) An original certificate of title designated as prior salvage if the vehicle examination certificate as provided in section 301.190 indicates the vehicle was previously in a salvaged condition or rebuilt;
(3) A salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the property as stated in the inspection report. An insurer purchasing a vehicle through the claims adjustment process under this section shall only be eligible to obtain a salvage certificate of title or junking certificate. A salvage pool or salvage dealer and dismantler described in subsection 4 of this section or a used motor vehicle dealer described in subsection 5 of this section shall only be eligible to obtain a salvage certificate of title or junking certificate.
3. Any insurer which purchases a vehicle that is currently titled in Missouri through the claims adjustment process for which the insurer is unable to obtain a negotiable title may make application to the department of revenue for a salvage certificate of title or junking certificate. Such application may be made by the insurer or its designated salvage pool on a form provided by the department and signed under penalty of perjury. The application shall include a declaration that the insurer has made at least two written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title, and be accompanied by proof of claims payment from the insurer, evidence that letters were sent to the vehicle owner, a statement explaining the circumstances by which the property came into the insurer's possession, a description of the property including the year, make, model, vehicle identification number, and current location of the property, and the fee prescribed in subsection 5 of section 301.190. The insurer shall, thirty days prior to making application for title, notify any owners or lienholders of record for the vehicle that the insurer intends to apply for a certificate of title from the director for the vehicle. Upon receipt of the application and supporting documents, the director shall search the records of the department of revenue to verify the name and address of any owners and any lienholders. If the director identifies any additional owner or lienholder who has not been notified by the insurer, the director shall inform the insurer of such additional owner or lienholder and the insurer shall notify the additional owner or lienholder of the insurer's intent to obtain title as prescribed in this section. If no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the insurer.
4. Any salvage pool or salvage dealer and dismantler that takes possession of a vehicle at the request of an insurer when the insurer does not purchase the vehicle through the claims adjustment process may apply to the department for a salvage certificate of title or junking certificate in the name of the salvage pool or salvage dealer and dismantler if the vehicle has remained unclaimed on the salvage pool's or salvage dealer and dismantler's premises for more than forty-five days. The salvage pool or salvage dealer and dismantler shall, forty-five days prior to making application for title, notify any owners or lienholders of record for the vehicle that the salvage pool or salvage dealer and dismantler intends to apply to the director for a certificate of title for the vehicle unless the owner or lienholder removes the vehicle from the salvage pool's or salvage dealer and dismantler's premises within the forty-five days. The application for title shall be on a form provided by the department, signed under penalty of perjury, and shall be accompanied by:
(1) A statement explaining the circumstances by which the vehicle came into the salvage pool's or salvage dealer and dismantler's possession; a description of the vehicle including the year, make, model, and vehicle identification number; the current location of the property; and the fee prescribed in subsection 5 of section 301.190;
(2) A copy of the forty-five-day notice and certified mail receipt mailed, or proof that the request was delivered by a nationally recognized courier service, to any owner and any person holding a valid security interest of record; and
(3) If the vehicle is not currently titled in Missouri, an inspection report of the vehicle by a law enforcement agency pursuant to subsection 9 of section 301.190.
Upon receipt of the application and supporting documents, the director shall search the records of the department, or initiate an inquiry with another state if the evidence presented indicated the property described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders. If the director identifies any additional owner or lienholder who has not been notified by the salvage pool or salvage dealer and dismantler, the director shall inform the salvage pool or salvage dealer and dismantler of such additional owner or lienholder and the salvage pool or salvage dealer and dismantler shall notify the additional owner or lienholder of the salvage pool's or salvage dealer and dismantler's intent to obtain title as prescribed in this section. If no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the salvage pool or salvage dealer and dismantler.
5. Any used motor vehicle dealer that takes possession of a vehicle at the request of an organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code when such organization does not provide the used motor vehicle dealer with a negotiable title may apply to the department of revenue for a salvage certificate of title or junking certificate in the name of the used motor vehicle dealer if the vehicle has remained unclaimed on the used motor vehicle dealer's premises for more than forty-five days. The used motor vehicle dealer shall, forty-five days prior to making application for title, notify any owners or lienholders of record for the vehicle that the used motor vehicle dealer intends to apply for a certificate of title from the director for the vehicle unless the owner or lienholder removes the vehicle from the used motor vehicle dealer's premises within the forty-five days. The application for title shall be on a form provided by the department, signed under penalty of perjury, and shall be accompanied by:
(1) A statement explaining the circumstances by which the vehicle came into the used motor vehicle dealer's possession; a description of the vehicle including the year, make, model, and vehicle identification number; the current location of the property; and the fee prescribed in subsection 5 of section 301.190;
(2) A copy of the forty-five-day notice and certified mail receipt mailed, or proof that the request was delivered by a nationally recognized courier service, to any owner and any person holding a valid security interest of record; and
(3) If the vehicle is not currently titled in Missouri, an inspection report of the vehicle by a law enforcement agency pursuant to subsection 9 of section 301.190.
Upon receipt of the application and supporting documents, the director shall search the records of the department, or initiate an inquiry with another state if the evidence presented indicated the property described in the application was registered or titled in another state, to verify the name and address of any owners and any lienholders. If the director identifies any additional owner or lienholder who has not been notified by the used motor vehicle dealer, the director shall inform the used motor vehicle dealer of such additional owner or lienholder and the used motor vehicle dealer shall notify the additional owner or lienholder of the used motor vehicle dealer's intent to obtain title as prescribed in this section. If no valid lienholders have notified the department of the existence of a lien, the department shall issue a salvage certificate of title or junking certificate for the vehicle in the name of the used motor vehicle dealer.
6. Any insurer that purchases a vessel or watercraft that is currently titled in Missouri through the claims adjustment process and for which the insurer is unable to obtain a negotiable title may make application to the department for a certificate of title. Such application may be made by the insurer or its designated salvage pool or salvage dealer and dismantler on a form provided by the department and signed under penalty of perjury. The application shall include a declaration that the insurer has made at least two written attempts to obtain the certificate of title, transfer documents, or other acceptable evidence of title and be accompanied by proof of claims payment from the insurer; evidence that letters were sent to the vessel or watercraft owner; a statement explaining the circumstances by which the property came into the insurer's possession; a description of the property including the year, make, and hull identification number; the current location of the property; and the fee prescribed in subsection 3 of section 306.015. The insurer shall, thirty days prior to making application for title, notify any owners or lienholders of record for the vessel or watercraft that the insurer intends to apply to the director for a certificate of title for the vessel or watercraft. Upon receipt of the application and supporting documents, the director shall search the records of the department of revenue to verify the name and address of any owners and any lienholders. If the director identifies any additional owner or lienholder who has not been notified by the insurer, the director shall inform the insurer of such additional owner or lienholder and the insurer shall notify the additional owner or lienholder of the insurer's intent to obtain title as prescribed in this section. If no valid lienholders have notified the department of the existence of a lien, the department shall issue a certificate of title for the vessel or watercraft in the name of the insurer.
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(L. 2002 H.B. 1075, A.L. 2004 S.B. 1233, et al., A.L. 2012 H.B. 1150 merged with S.B. 568, A.L. 2013 H.B. 428 merged with S.B. 148, A.L. 2020 H.B. 1963)
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 301 - Registration and Licensing of Motor Vehicles
Section 301.002 - Rules, procedure.
Section 301.003 - Rules, effective, when — rules invalid and void, when.
Section 301.010 - Definitions.
Section 301.029 - Implements of husbandry, movement on highway permitted, when — definition.
Section 301.031 - Local commercial motor vehicle hauling solid waste, extended operational limit.
Section 301.040 - Notice of motor vehicle registration — applications.
Section 301.050 - Registration fees — penalty for delinquency.
Section 301.055 - Annual registration fees — motor vehicles other than commercial.
Section 301.057 - Annual registration fee — property-carrying commercial vehicles — exemption.
Section 301.061 - Annual registration fees — passenger-carrying local commercial motor vehicles.
Section 301.063 - Annual registration fees — local transit buses.
Section 301.065 - Annual registration fees — school buses.
Section 301.070 - Computation of fees.
Section 301.071 - Disabled veteran license plates, eligibility for.
Section 301.072 - Application for disabled veteran's plates, how made.
Section 301.073 - Plates, how issued, form of.
Section 301.075 - No fee for one set of disabled veteran plates — fee for subsequent sets.
Section 301.090 - Registration fees — collection and deposit.
Section 301.100 - Registration of motor vehicles operated for first time in state.
Section 301.110 - Director may change registration periods to equalize work.
Section 301.112 - Service agent obtaining certificate of ownership for owner, definition.
Section 301.114 - Service agent required to obtain license, form, qualifications, fee.
Section 301.117 - Bond requirements for service agents — paid out, when — liability limitation.
Section 301.120 - License plates returned, when.
Section 301.121 - Return of plates, partial refund.
Section 301.133 - Special mobile equipment exempt — when permitted on highways, exception.
Section 301.134 - Daughters of the American Revolution special license plates, application, fee.
Section 301.135 - Personalized license plate — design and color — fee.
Section 301.139 - Parking cones for disabled — rulemaking procedure.
Section 301.145 - Congressional Medal of Honor, special license plates.
Section 301.150 - Sale of vehicle, procedure to follow — use of voided plates, penalty for.
Section 301.160 - License plate prima facie evidence fees paid.
Section 301.198 - Submitting false information about transfer of a vehicle, offense of, penalty.
Section 301.200 - Sales by dealers.
Section 301.217 - Definitions — salvaged motor vehicle title may be issued, when, procedure.
Section 301.219 - Application to be submitted, contents — fee.
Section 301.221 - Application to be submitted, contents, requirements to obtain license — fee.
Section 301.223 - Suspension or revocation of license.
Section 301.225 - Licensees to maintain records — inspection of premises.
Section 301.226 - Department to provide information.
Section 301.229 - Penalties — director of revenue to enforce provisions.
Section 301.230 - Stolen cars reported to state highway patrol — reports and information.
Section 301.240 - Director of revenue to cooperate with other states.
Section 301.267 - Seventy-two-hour permits — fee.
Section 301.271 - Reciprocity in registration with other states — registration of trailers.
Section 301.275 - Commission may require reports — make investigations — regulations.
Section 301.279 - Cooperation in reciprocal agreements with public service commission.
Section 301.301 - Stolen license plate tabs, replacement at no cost, when, procedure, limitation.
Section 301.302 - Missing license plate tab, no citation issued, when.
Section 301.320 - Other plates prohibited.
Section 301.350 - Books and records, motor vehicles — audit by state auditor, when.
Section 301.351 - Fee for records requested for batch/bulk customers authorized.
Section 301.360 - Record established by chapter 301 to be retained or destroyed, when.
Section 301.370 - Replacement of motor — procedure.
Section 301.400 - Removal or defacing manufacturer's numbers — penalty.
Section 301.401 - Special mobile equipment and tires, defacing serial number prohibited — penalty.
Section 301.420 - Applications — false statements prohibited.
Section 301.440 - Penalty for violations.
Section 301.444 - Firefighters, special licenses for certain vehicles — fee.
Section 301.451 - Purple Heart medal, special license plates.
Section 301.455 - Log trucks to be noted on registration receipts.
Section 301.456 - Silver star, special license plate — application procedure — design — fee.
Section 301.464 - Korean War veteran, special license plates.
Section 301.465 - World War II veteran, special license plates.
Section 301.466 - Jaycees, special license plate — application, procedure, design, fee.
Section 301.474 - Korean Defense Service Medal, special license plates, application, fee.
Section 301.475 - Brain Tumor Awareness Organization special license plates, procedure.
Section 301.477 - Combat Action Badge special license plate authorized, fee.
Section 301.481 - Missouri 4-H special license plate, application, fee.
Section 301.550 - Definitions — classification of dealers.
Section 301.555 - Civil liability, department officials and employees immune from, when.
Section 301.561 - Sign required at public motor vehicle auction.
Section 301.565 - Injunction may issue, grounds — remedy not exclusive.
Section 301.567 - Advertising standards, violation of, when.
Section 301.568 - Exchange of motor vehicles between dealers, registration not required, when.
Section 301.569 - Recreational vehicle shows and exhibits by out-of-state promoters permitted, when.
Section 301.571 - Mobility motor vehicle dealers, definitions, authority.
Section 301.573 - Title designations may be reviewed by department of revenue.
Section 301.620 - Duties of parties upon creation of lien or encumbrance, violation, penalty.
Section 301.644 - Electronic signature permitted, when.
Section 301.650 - Scope of law — method of perfecting liens or encumbrances is exclusive.
Section 301.660 - Law not to affect existing rights, duties and interests.
Section 301.684 - Transfers not subject to sales and use tax.
Section 301.703 - Unlawful to operate without certificate of ownership, when.
Section 301.707 - Registration required, exceptions.
Section 301.709 - Application, contents.
Section 301.714 - Transfer of all-terrain vehicle, new owner to register.
Section 301.716 - Special enforcement procedures.
Section 301.2998 - Special license plates, issuance of not required, when.
Section 301.3030 - No limit on certain special license plates for qualified persons.
Section 301.3032 - March of Dimes special license plates, application, fee.
Section 301.3040 - Armed Forces Expeditionary Medal special license plate, procedure.
Section 301.3043 - Missouri Botanical Garden special license plate, application, fees.
Section 301.3045 - St. Louis Zoo special license plate, application, fees.
Section 301.3047 - Kansas City Zoo special license plate, application, fees.
Section 301.3049 - Springfield Zoo special license plate, application, fees.
Section 301.3050 - Safari Club International specialized license plate, issuance, fees.
Section 301.3052 - Navy Cross special license plate, application, fee.
Section 301.3054 - Honorable discharge from the military special license plates, application, fee.
Section 301.3060 - Civil Air Patrol special license plate, application, fee.
Section 301.3065 - MO-AG Businesses special license plate, application, fee.
Section 301.3074 - NAACP special license plates, application, fee.
Section 301.3078 - Operation Iraqi Freedom special license plate, application, fee.
Section 301.3079 - Missouri agriculture special license plates, application, fee.
Section 301.3080 - Rotary International special license plate, application, fee.
Section 301.3084 - Breast Cancer Awareness special license plate, application, fee.
Section 301.3085 - United States Marine Corps, active duty combat, special license plate authorized.
Section 301.3086 - Delta Sigma Theta and Omega Psi Phi special license plates, application, fee.
Section 301.3090 - Operation Enduring Freedom special license plates, application, fee.
Section 301.3092 - Friends of Arrow Rock special license plate, application, fee.
Section 301.3093 - Eagle Scout special license plate, application, fee.
Section 301.3094 - Tribe of Mic-O-Say special license plate, application, fee.
Section 301.3095 - Order of the Arrow special license plate, application, fee.
Section 301.3097 - God Bless America special license plate, application, fee.
Section 301.3098 - Kingdom of Calontir special license plate, application, fee.
Section 301.3102 - St. Louis College of Pharmacy special license plate, application, fee.
Section 301.3103 - Fraternal Order of Police special license plate, application, fee.
Section 301.3105 - Veterans of Foreign Wars special license plates, application, fee.
Section 301.3106 - Former Missouri legislator special license plate, application, fee.
Section 301.3107 - Missouri Task Force One special license plate, application, fee.
Section 301.3115 - Air medal award special license plate, application, fee.
Section 301.3116 - Operation Noble Eagle special license plate, application, fee.
Section 301.3117 - Jefferson National Parks Association special license plate, application, fee.
Section 301.3118 - Missouri Elks Association special license plate, application, fee.
Section 301.3119 - Missouri Travel Council special license plate, application, fee.
Section 301.3121 - Spouse of military members may be issued special license plates, procedure.
Section 301.3122 - Friends of Kids with Cancer special license plates, application, fee.
Section 301.3124 - Special Olympics Missouri special license plates, application, fee.
Section 301.3125 - Be An Organ Donor special license plates, application, fee.
Section 301.3126 - Fox trotter — state horse special license plates, application, fee.
Section 301.3128 - To Protect and Serve special license plates, application, fee.
Section 301.3131 - Optimist International special license plates, application, fee.
Section 301.3133 - Lewis and Clark expedition anniversary special license plates, application, fee.
Section 301.3137 - Alpha Phi Omega special license plates, application, fee.
Section 301.3139 - Boy Scouts of America special license plates, application, fee.
Section 301.3143 - Delta Tau Delta special license plates, application, fee.
Section 301.3144 - Camp Quality special license plates, application, fee.
Section 301.3145 - American Heart Association special license plates, application, fee.
Section 301.3146 - Search and Rescue special license plates, application, fee.
Section 301.3147 - Theta Chi special license plates, application, fee.
Section 301.3158 - Legion of merit medal special license plate, procedure.
Section 301.3159 - Meritorious Service special license plate — application, procedure, fee.
Section 301.3161 - Cass County — The Burnt District special license plate authorized, fee.
Section 301.3162 - Nixa Education Foundation special license plate authorized, fee.
Section 301.3163 - Don't Tread on Me specialty personalized license plate authorized.
Section 301.3165 - DARE TO DREAM special license plate, application, fee.
Section 301.3166 - National Wild Turkey Federation special license plate, application, fee.
Section 301.3167 - GO TEAM USA special license plate, application, fee.
Section 301.3168 - PROUD SUPPORTER (American Red Cross) special license plate, application, fee.
Section 301.3169 - Pony Express special license plate, application, fee.
Section 301.3170 - National Rifle Association special license plate, application, fee.
Section 301.3172 - Woman Veteran special license plate, application fee.
Section 301.3175 - Back the Blue special license plate, application, fee.
Section 301.3179 - Negro Leagues Baseball Museum license plates — application, procedure, fee.
Section 301.3150 - Procedure for approval, exceptions — transfer of moneys collected.
Section 301.3152 - Appeal procedure for denial.
Section 301.3154 - Fee, amount — exemptions.
Section 301.4000 - Military service special license plates for motorcycles, application, fees.