§ 31-3.1-12. Transfer.
(a) If the owner transfers his or her interest in a vehicle, other than by the creation of a security interest, he or she shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided for it on the certificate or as the division of motor vehicles prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the division of motor vehicles.
(b) Except as provided in § 31-3.1-13, the transferee shall, promptly after delivery to him or her of the vehicle, execute the application for a new certificate of title in the space provided for it on the certificate or as the division of motor vehicles prescribes, and cause the certificate and application to be mailed or delivered to the division of motor vehicles.
(c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his or her security agreement, either deliver the certificate to the transferee for delivery to the division of motor vehicles or upon receipt from the transferee of the owner’s assignment, the transferee’s application for a new certificate, the registration card, license plates and the required fee of fifty dollars ($50.00), mail or deliver them to the division of motor vehicles. The delivery of the certificate does not affect the rights of the lienholder under his or her security agreement.
(d) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder, and the parties shall comply with the provisions of § 31-3.1-20.
(e) Except as provided in § 31-3.1-13 and as between the parties, a transfer by an owner is not effective until the provisions of this section and § 31-3.1-15, have been complied with. However, an owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section and § 31-3.1-15, requiring action by him or her, is not liable as owner for any subsequent damages resulting from operation of the vehicle.
(f) The administrator of the division of motor vehicles shall prescribe and/or approve a power-of-attorney form which complies with § 408(d)(1)(C) of the Motor Vehicle Information and Cost Savings Act, 49 U.S.C. § 32705(b)(2), as amended, and any regulations promulgated pursuant to it, and this form may be used in connection with transfers of title under this section to the full extent permitted by federal law.
History of Section.P.L. 1971, ch. 100, § 1; P.L. 1990, ch. 13, § 3; P.L. 1990, ch. 348, § 1; P.L. 1992, ch. 15, art. 7, § 1; P.L. 2000, ch. 109, § 58; P.L. 2009, ch. 5, art. 9, § 1.
Structure Rhode Island General Laws
Title 31 - Motor and Other Vehicles
Chapter 31-3.1 - Certificates of Title and Security Interests
Section 31-3.1-1. - Certificate of title required.
Section 31-3.1-2. - Exclusions.
Section 31-3.1-3. - Optional certificate of title.
Section 31-3.1-4. - Application for first certificate of title.
Section 31-3.1-5. - Examination of records.
Section 31-3.1-6. - Issuance and records.
Section 31-3.1-7. - Contents and effect of certificate.
Section 31-3.1-9. - Registration without certificate of title — Bond.
Section 31-3.1-10. - Refusing certificate of title.
Section 31-3.1-11. - Lost, stolen or mutilated certificates.
Section 31-3.1-12. - Transfer.
Section 31-3.1-13. - Transfer to or from dealer — Records.
Section 31-3.1-14. - Transfer by operation of law.
Section 31-3.1-15. - Fees — Registration cards.
Section 31-3.1-16. - Issuance of new certificate.
Section 31-3.1-16.1. - Electronic recording of security interests.
Section 31-3.1-17. - Scrapping, dismantling or destroying vehicle.
Section 31-3.1-18. - Excepted liens and security interests.
Section 31-3.1-19. - Perfection of security interests.
Section 31-3.1-20. - Security interest — Change of certificate.
Section 31-3.1-21. - Assignment by lienholder.
Section 31-3.1-22. - Release of security interest.
Section 31-3.1-23. - Duty of lienholder.
Section 31-3.1-24. - Exclusiveness of procedure.
Section 31-3.1-25. - Suspension or revocation of certificates.
Section 31-3.1-26. - Powers of division of motor vehicles.
Section 31-3.1-27. - Vehicle leases that are not sales or security interests.
Section 31-3.1-28 - — 31-3.1-35. [Obsolete.]
Section 31-3.1-36. - Court review.