61-3-202. Certificate of ownership -- issuance -- contents -- joint ownership -- inspection -- fees. (1) Upon completion of the application for certificate of ownership, on forms furnished by the department, the county treasurer shall forward one copy of the application to the department, which shall enter the information contained in the application upon the corresponding records of its office and, except as provided in 61-3-103(1) and 61-3-201(2) concerning applications by creditors or secured parties, shall furnish the applicant a certificate of ownership subject to the provisions of 61-3-103.
     (2) The certificate of ownership shall contain upon the face thereof:
     (a) the date issued;
     (b) the name and mailing and residence address of the owner or the names and addresses of joint owners;
     (c) except as provided in 61-3-103, the name and complete address of any holder of a perfected security interest in the registered vehicle;
     (d) a description of the registered vehicle, including the year built and vehicle identification number;
     (e) except as provided in 61-3-103, the filing date of any lien against such motor vehicle; and
     (f) such other statement of facts as may be determined by the department.
     (3) When the names and addresses of more than one owner who are members of the same immediate family are listed on the certificate of ownership, joint ownership with right of survivorship, and not as tenants in common, is presumed.
     (4) Upon receipt of the application, the department shall recheck the application. If there is any error in the application, it may be returned to the owner or to the county treasurer to effectively secure the correction of such error, who shall return the same to the department.
     (5) The certificate of ownership shall contain a notice to the department of a transfer of interest of the owner and such other statements as may be determined by the department.
     (6) A salvage vehicle for which a certificate of ownership is sought must be inspected for the vehicle identification number to authenticate the identity of the vehicle before a certificate of ownership can be issued. The inspection may not attest to the roadworthiness or safety condition of the vehicle and must be performed by department employees or peace officers designated by the department.
     (7) The department may contract with a person or entity for use of a facility as a regional inspection site for salvage vehicles.
     (8) To defray the cost of the vehicle inspection program, the department shall collect a fee of $18.50 for the inspection of each salvage vehicle for which a certificate of ownership is sought. The fee must be distributed as follows:
     (a) A portion of the inspection fee for each salvage vehicle must be remitted by the department to the state treasurer for deposit in the general fund.
     (b) A portion of the inspection fee for each salvage vehicle must be remitted by the department to the inspection site that has contractually permitted the use of its facility for the inspection.
     (9) (a) An authorized inspector may seize and hold a vehicle:
     (i) the inspector has probable cause to believe is stolen;
     (ii) on which a motor number or vehicle identification number has been defaced, altered, removed, covered, destroyed, or obliterated; or
     (iii) that does not conform with the vehicle identification number on the certificate of ownership.
     (b) A seized vehicle may be held until the identity of the vehicle is established and arrangements are made for its lawful disposition. An authorized inspector may use any means necessary to identify a vehicle by its vehicle identification number or numbers.
     (10) The department may not issue a certificate of ownership for a vehicle until the identity of the vehicle is established.
     (11) The department may adopt rules for the implementation and administration of the vehicle inspection program.

     History: En. Sec. 4, Ch. 75, L. 1917; re-en. Sec. 1758, R.C.M. 1921; amd. Sec. 2, Ch. 159, L. 1933; re-en. Sec. 1758, R.C.M. 1935; amd. Sec. 5, Ch. 72, L. 1937; amd. Sec. 1, Ch. 148, L. 1943; amd. Sec. 1, Ch. 63, L. 1945; amd. Sec. 1, Ch. 115, L. 1953; amd. Sec. 1, Ch. 200, L. 1955; amd. Sec. 1, Ch. 139, L. 1961; amd. Sec. 7, Ch. 127, L. 1969; amd. Sec. 1, Ch. 179, L. 1971; amd. Sec. 1, Ch. 104, L. 1975; R.C.M. 1947, 53-107(part); amd. Sec. 30, Ch. 421, L. 1979; amd. Sec. 3, Ch. 502, L. 1979; amd. Sec. 3, Ch. 341, L. 1985; amd. Sec. 3, Ch. 358, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 4, Ch. 604, L. 1991; amd. Sec. 2, Ch. 725, L. 1991.