23-2-812. Transfer of interest. (1) To transfer a certificate of ownership for an off-highway vehicle registered under 23-2-817, the person whose title or interest is to be transferred shall endorse the certificate of ownership in the appropriate space on the reverse side of the certificate and have the signature acknowledged before a notary public.
     (2) (a) Within 20 calendar days after the date of notarization, the transferee shall apply to the county treasurer of the county in which the transferee resides for:
     (i) transfer of the endorsed certificate of ownership;
     (ii) registration of the off-highway vehicle; and
     (iii) issuance of a decal as required by 23-2-804.
     (b) The county treasurer shall forward the application and the original certificate of ownership to the department of justice, which shall file the application upon receipt.
     (c) A certificate of ownership may not be issued by the department until the outstanding certificates are surrendered to that office or their loss is established.
     (d) The county treasurer shall collect a fee of $5 for each application for transfer of ownership, of which:
     (i) $3.50 must be forwarded to the department of justice for deposit in the general fund; and
     (ii) $1.50 must be retained by the county treasurer for the cost of administering this section.
     (3) To effect by operation of law a transfer of interest in an off-highway vehicle, the provisions of 61-3-201(3) are applicable.
     (4) (a) A person who purchases a new or used off-highway vehicle from an off-highway vehicle dealer licensed under 23-2-818 shall, within 20 calendar days after the purchase date, apply to the county treasurer of the county in which the person resides for:
     (i) a certificate of ownership;
     (ii) registration of the off-highway vehicle; and
     (iii) a decal as required by 23-2-804.
     (b) During this period the sticker provided for in subsection (6) must remain affixed to the off-highway vehicle.
     (5) It is not a violation of this part for a purchaser to operate a newly acquired off-highway vehicle without a certificate of ownership, a certificate of registration, and a decal during the first 20 days of ownership.
     (6) Prior to the delivery of the off-highway vehicle to the purchaser, the dealer shall issue and affix to the off-highway vehicle a sticker, in a form to be prescribed by the department of justice, containing the name and address of the purchaser, the date of sale, the name and address of the dealer, and a description of the off-highway vehicle, including its identification number. The dealer shall keep a copy of the sticker for the dealer's records and shall send a copy of the sticker to the department of justice.
     (7) The provisions of subsection (2) do not apply to the transfer of an off-highway vehicle to an off-highway vehicle dealer licensed under 23-2-818 who intends to resell the vehicle and who operates it only for demonstration purposes. Every dealer, upon a transfer of interest, shall deliver the certificate of ownership with an application for a new certificate executed by the new owner in accordance with the provisions of this part. The department of justice, upon receipt of the certificate of ownership and application for a new certificate, together with the conditional sales contract or other lien, if any, shall issue a new certificate of ownership showing the name of the lienholder and the amount due under the contract, mortgage, or lien as required by 23-2-811(2)(d) and (2)(e).

     History: En. Sec. 3, Ch. 599, L. 1989; amd. Sec. 14, Ch. 398, L. 1989; amd. Sec. 4, Ch. 482, L. 1993.