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CODE OF STATE REGULATIONS 1 MATT BLUNT (11/30/03) Secretary of State Rules of Department of Revenue Division 10Director of Revenue Chapter 23Motor Vehicle Title Page 12 CSR 10-23.010 Dealer Plate Allocation (Rescinded July 14, 1982) .......................................5 12 CSR 10-23.020 Dealer Registration (Rescinded April 29, 1991) ..........................................5 12 CSR 10-23.030 Bona Fide Established Place of Business (Rescinded April 29, 1991) ...............5 12 CSR 10-23.040 Cancellation of Dealer Registration (Rescinded June 11, 1983) ........................5 12 CSR 10-23.050 Dealers Monthly Reports (Moved to 12 CSR 10-26.190) ..............................5 12 CSR 10-23.070 Regulation of Dealer License Plates.........................................................5 12 CSR 10-23.100 Personalized License Plates ...................................................................6 12 CSR 10-23.110 Hearing Held Pursuant to Section 301.257, RSMo (Rescinded April 29, 1991).................................................................10 12 CSR 10-23.120 Business Records of Manufacturers, Dealers and Boat Dealers (Rescinded December 3, 1992) ............................................................10 12 CSR 10-23.130 Legal Name on Title Application ..........................................................10 12 CSR 10-23.140 Motor Vehicle Title Services ................................................................10 12 CSR 10-23.150 Administrative Hearing Held Pursuant to Section 301.119, RSMo .................16 12 CSR 10-23.160 Good Moral Character of Motor Vehicle Dealers, Manufacturers, Boat Dealers, Salvage Dealers and Title Service Agents ..............................16 12 CSR 10-23.170 Registration of Corporation Motor Vehicles/Emission System Inspection Areas ..............................................................................17 12 CSR 10-23.180 Replacement Vehicle Identification Plates ................................................17 12 CSR 10-23.185 Obscene License Plates ......................................................................17 12 CSR 10-23.190 Temporary Permits Sold by a Registered Missouri Motor Vehicle Dealer (Moved to 12 CSR 10-26.180)..........................................20 12 CSR 10-23.200 Nonnegotiable Certificate of Title to a Motor Vehicle or Trailer (Rescinded September 9, 1993) ...........................................................20

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Page 1: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

CODE OF STATE REGULATIONS 1MATT BLUNT (11/30/03)Secretary of State

Rules of

Department of RevenueDivision 10�Director of Revenue

Chapter 23�Motor Vehicle

Title Page

12 CSR 10-23.010 Dealer Plate Allocation (Rescinded July 14, 1982).......................................5

12 CSR 10-23.020 Dealer Registration (Rescinded April 29, 1991) ..........................................5

12 CSR 10-23.030 Bona Fide Established Place of Business (Rescinded April 29, 1991) ...............5

12 CSR 10-23.040 Cancellation of Dealer Registration (Rescinded June 11, 1983)........................5

12 CSR 10-23.050 Dealer�s Monthly Reports (Moved to 12 CSR 10-26.190) ..............................5

12 CSR 10-23.070 Regulation of Dealer License Plates.........................................................5

12 CSR 10-23.100 Personalized License Plates ...................................................................6

12 CSR 10-23.110 Hearing Held Pursuant to Section 301.257, RSMo(Rescinded April 29, 1991).................................................................10

12 CSR 10-23.120 Business Records of Manufacturers, Dealers and Boat Dealers(Rescinded December 3, 1992) ............................................................10

12 CSR 10-23.130 Legal Name on Title Application ..........................................................10

12 CSR 10-23.140 Motor Vehicle Title Services ................................................................10

12 CSR 10-23.150 Administrative Hearing Held Pursuant to Section 301.119, RSMo .................16

12 CSR 10-23.160 Good Moral Character of Motor Vehicle Dealers, Manufacturers,Boat Dealers, Salvage Dealers and Title Service Agents ..............................16

12 CSR 10-23.170 Registration of Corporation Motor Vehicles/Emission SystemInspection Areas..............................................................................17

12 CSR 10-23.180 Replacement Vehicle Identification Plates ................................................17

12 CSR 10-23.185 Obscene License Plates ......................................................................17

12 CSR 10-23.190 Temporary Permits Sold by a Registered Missouri MotorVehicle Dealer (Moved to 12 CSR 10-26.180)..........................................20

12 CSR 10-23.200 Nonnegotiable Certificate of Title to a Motor Vehicle or Trailer (Rescinded September 9, 1993) ...........................................................20

Page 2: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

2 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23.210 Congressional Medal of Honor License Plates...........................................20

12 CSR 10-23.220 Motor Vehicle Fee and Tax Refund Requests ............................................20

12 CSR 10-23.230 Legal Sale of Motor Vehicle or Trailer....................................................21

12 CSR 10-23.240 Recording of Mileage on an Application for Certificate of Title(Rescinded July 8, 1991)....................................................................21

12 CSR 10-23.250 Registration and Classification of Commercial Motor Vehicles .......................21

12 CSR 10-23.255 Replacement Vehicle Identification Number Tabs�DR and DRX Numbers........21

12 CSR 10-23.260 Inspection of Foreign Motor Vehicles Prior to Titling..................................24

12 CSR 10-23.265 Statements of Non-Interest ..................................................................27

12 CSR 10-23.270 Watercraft Identification Plates .............................................................27

12 CSR 10-23.275 Recognition of Nonresident Disabled Person Windshield Placards ..................27

12 CSR 10-23.280 Replacement of Multiyear License Plates.................................................28

12 CSR 10-23.285 Titling of Motor Vehicles Sold Without Safety Inspections ............................28

12 CSR 10-23.290 Use of License Plates After Name Change...............................................28

12 CSR 10-23.295 Witnessing Proof of Payment for Federal Heavy Vehicle UseTax or That the Tax is Not Owing ........................................................29

12 CSR 10-23.300 Use of Local Commercial Motor Vehicle License Platesfor Farm or for Farming Transportation Operations ...................................30

12 CSR 10-23.305 No-Fee Transactions ..........................................................................30

12 CSR 10-23.310 Issuance of Special Fuel Decals ............................................................31

12 CSR 10-23.315 Motorized Bicycles............................................................................31

12 CSR 10-23.320 Assessment of Motor Vehicle and Trailer License Plate Transfer Fee ..............32

12 CSR 10-23.325 Transfer of Passenger Vehicle License Plates From One HorsepowerCategory to Another�Waiver of Additional Registration Fees and Lack ofRefund Provision .............................................................................32

12 CSR 10-23.330 Registration of Motorcycles or Motortricycles ...........................................32

12 CSR 10-23.335 Issuance of Title to a Surviving Spouse orUnmarried Minor Children of a Decedent...............................................32

12 CSR 10-23.340 Imposition and Waiver of Motor Vehicle and TrailerTitling and Registration Penalties..........................................................33

Page 3: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

CODE OF STATE REGULATIONS 3MATT BLUNT (11/30/03)Secretary of State

12 CSR 10-23.345 Definition of Major Component Parts of a Motor Vehicle.............................33

12 CSR 10-23.350 Honorary Consular License Plates .........................................................36

12 CSR 10-23.355 Junking Certificates for Motor Vehicles...................................................37

12 CSR 10-23.365 Issuance of Nonresident Salvage-Buyer�s Identification Card .........................37

12 CSR 10-23.370 Issuance of Certificates of Title to RecreationalVehicles Manufactured by Two Separate Manufacturers...............................40

12 CSR 10-23.375 Fire Department License Plates ............................................................40

12 CSR 10-23.380 Motor Vehicle Shows or Tent Sales (Rescinded April 29, 1991) .....................40

12 CSR 10-23.385 Verification of the Vehicle Identification Number and Odometer Reading ofMotor Vehicles Previously Titled in Another State.....................................41

12 CSR 10-23.390 License Plates for Disabled Veterans ......................................................41

12 CSR 10-23.395 Regulation of Boat Dealer�s Certificate of Number and Plates .......................42

12 CSR 10-23.400 Transfer of License Plates ...................................................................42

12 CSR 10-23.405 Emblem Use Authorization Statement and Format forCollegiate License Plates ...................................................................43

12 CSR 10-23.410 Certificate of Registration to Documented Vessels(Rescinded February 25, 1996) ............................................................43

12 CSR 10-23.415 Sample License Plates........................................................................43

12 CSR 10-23.420 Secure Power of Attorney Requirements ..................................................44

12 CSR 10-23.422 Issuance of Purple Heart License Plates ..................................................44

12 CSR 10-23.424 Leasing Company Registration .............................................................45

12 CSR 10-23.426 Special Identification Numbers .............................................................48

12 CSR 10-23.428 All-Terrain Vehicles Modified for Highway Use.........................................51

12 CSR 10-23.430 Registration of a Motor Vehicle or Trailer When the Out-Of-StateLienholder Refuses to Release the Title ..................................................51

12 CSR 10-23.432 Registration of a Motor Vehicle or Trailer Subject to aLease With a Right to Purchase Clause ..................................................51

12 CSR 10-23.434 Use of a Reassignment of Ownership by Registered Dealer Form ...................52

12 CSR 10-23.436 Application For Title (Rescinded December 30, 2003) ................................55

12 CSR 10-23.440 Replacement License Tabs...................................................................55

Page 4: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

4 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23.442 Outboard Motor ...............................................................................55

12 CSR 10-23.444 Historic Vehicle License (Rescinded December 30, 2003) ............................55

12 CSR 10-23.446 Notice of Lien .................................................................................55

12 CSR 10-23.450 Guidelines for Use of Handicapped Parking Cones .....................................55

12 CSR 10-23.452 Internet Renewal of License Plates.........................................................56

12 CSR 10-23.454 Electric Personal Assistive Mobility Device (EPAMD) ................................56

12 CSR 10-23.456 Marine Application for Title ................................................................56

12 CSR 10-23.458 Documents Accepted as a Release of Lien ...............................................56

Page 5: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

CODE OF STATE REGULATIONS 5MATT BLUNT (11/30/03)Secretary of State

Chapter 23�Motor Vehicle 12 CSR 10-23

Title 12�DEPARTMENT OFREVENUE

Division 10�Director of RevenueChapter 23�Motor Vehicle

12 CSR 10-23.010 Dealer Plate Allocation(Rescinded July 14, 1982)

AUTHORITY: section 301.250.4, RSMo1978. This version of rule filed Oct. 21,1974, effective Oct. 31, 1974. Rescinded:Filed March 12, 1982, effective July 14,1982.

12 CSR 10-23.020 Dealer Registration(Rescinded April 29, 1991)

AUTHORITY: section 301.251, RSMo 1986.Original rule filed April 14, 1980, effectiveSept. 12, 1980. Amended: Filed March 26,1982, effective July 12, 1982. Emergencyamendment filed Aug. 14, 1984, effectiveAug. 24, 1984 expired Dec. 22, 1984.Amended: Filed Aug. 14, 1984, effective Dec.13, 1984. Amended: Filed May 27, 1986,effective Aug. 25, 1986. Rescinded: FiledNov. 15, 1990, effective April 29, 1991.

12 CSR 10-23.030 Bona Fide EstablishedPlace of Business(Rescinded April 29, 1991)

AUTHORITY: section 301.251, RSMo 1986.Original rule filed April 14, 1980, effectiveSept. 12, 1980. Amended: Filed March 26,1982, effective July 12, 1982. Amended:Filed April 29, 1983, effective Sept. 11, 1983.Amended: Filed Dec. 5, 1983, effectiveMarch 11, 1984. Amended: Filed Feb. 3,1984, effective May 11, 1984. Emergencyamendment filed Aug. 14, 1984, effectiveAug. 24, 1984, expired Dec. 22, 1984.Amended: Filed Aug. 14, 1984, effective Dec.13, 1984. Amended: Filed May 23, 1985,effective Aug. 26, 1985. Amended: Filed May27, 1986, effective Aug. 25, 1986. Rescind-ed: Filed Nov. 15, 1990, effective April 29,1991.

12 CSR 10-23.040 Cancellation of DealerRegistration(Rescinded June 11, 1983)

AUTHORITY: section 301.257, RSMo Supp.1982. Original rule filed April 14, 1980,effective Sept. 12, 1980. Amended: FiledMarch 26, 1982, effective July 12, 1982.Rescinded: Filed March 4, 1983, effectiveJune 11, 1983.

12 CSR 10-23.050 Dealers� MonthlyReports(Moved to 12 CSR 10-26.190)

12 CSR 10-23.070 Regulation of DealerLicense Plates

PURPOSE: The director of the Department ofRevenue is charged with the responsibility ofregulating the license plates issued to deal-ers. This rule establishes safeguards to pre-vent unauthorized use of dealer plates.

(1) Whenever a dealer is no longer entitled toregistration pursuant to section 301.251,RSMo through voluntary cessation of busi-ness, abandonment of a bona fide establishedplace of business, failure to make four (4)sales per year, suspension or revocation of itsregistration, sale of the business, declarationof bankruptcy or for any other reason, thedealer license plates issued to that dealerimmediately shall be surrendered to thedirector regardless of the unexpired timeremaining in the registration period applica-ble to that license plate.

(2) Dealer license plates are issued primarilyfor the purpose of allowing a potential buyerto test drive a motor vehicle owned and heldfor resale by a dealer. A secondary purposeis to allow the transportation of vehiclesowned by a dealer or manufacturer and heldfor the purpose of resale. Therefore, dealerplates may be displayed only on a motor vehi-cle or trailer that is�

(A) Owned by the manufacturer/dealer;and

(B) Held for resale.

(3) Vehicles on which the plates are displayedthen may be operated by�

(A) A customer who is test driving themotor vehicle;

(B) An owner, officer or employee of themanufacturer/dealer;

(C) A buyer as provided in section301.140.3, RSMo; or

(D) A customer who is test driving a truckor a trailer under loaded conditions provideda written demonstration agreement signed bythe prospective customer and the dealer ispresent in the vehicle. The motor vehicle ortrailer may be test driven for no more thantwenty-four (24) hours if the vehicle is beingoperated in Missouri or for one (1) round triponly if being test driven outside Missouri.The written demonstration agreement mustbe on the dealership�s stationery and includethe following items:

1. A statement that the vehicle is beingused for demonstration purposes only;

2. A description of the vehicle; that is,year, make and vehicle identification number;

3. The name of the person or companydemonstrating the vehicle;

4. The dealer number;5. A statement of the type of property

being transported;6. The date and time the demonstration

began; and7. If the vehicle is being demonstrated

on a round trip outside Missouri, the estimat-ed date the vehicle will be returned to thedealership.

(4) Section 301.253, RSMo provides thatdealer plates may be displayed on any motorvehicle used by an employee or officer andowned by the manufacturer, distributor ordealer, but shall not be displayed on anymotor vehicle or trailer hired or loaned toothers or upon any regularly used service orwrecker vehicle. Therefore, dealer licenseplates may not be displayed on the following:

(A) Motor vehicles or trailers that are rent-ed or leased;

(B) Motor vehicles or trailers that areloaned to someone other than an owner, offi-cer or employee of the dealership (for exam-ple, a dealer may not loan a motor vehicledisplaying a dealer license plate to his/hercustomer while the customer�s vehicle isbeing serviced or repaired);

(C) Motor vehicles or trailers that are usedfor hauling or towing;

(D) Motor vehicles or trailers used by any-one who is not an officer or employee of themanufacturer/dealer, this includes relatives ofemployees and officers;

(E) Motor vehicles or trailers that are notfor resale; and

(F) Any boat or vessel.

(5) Dealer plates displayed on all motor vehi-cles, other than motorcycles and motortricy-cles, must be twelve inches by six inches (12�× 6�) in size.

AUTHORITY: sections 301.140, 301.251 and301.253, RSMo 1986.* Original rule filedApril 14, 1980, effective Sept. 12, 1980.Amended: Filed March 26, 1982, effectiveJuly 12, 1982. Amended: Filed Sept. 16,1985, effective Jan. 26, 1986.

*Original authority 301.140, RSMo 1939, amended 1947,1951, 1978, 1979, 1986, 1987; 301.251, RSMo 1981,

Page 6: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986.

12 CSR 10-23.100 Personalized LicensePlates

PURPOSE: This rule establishes categoriesof specialized personalized license plates aswell as the procedure for application for andissuance of the personalized license plates.

(1) For the purpose of this rule, �speciallicense plates� shall include personalized,collegiate, helping schools and other specialorganizational license plates.

(2) Special license plates are Missouri licenseplates containing letters or numbers in theformat requested by the applicant. The com-bination of letters and/or numbers mayinclude one apostrophe (�) or one dash (�).

(3) All special personalized license plates areavailable in the following plate categories:

(A) Passenger;(B) Recreational Vehicle; (C) Local 6;(D) Local 12;(E) Beyond Local 6;(F) Beyond Local 12; (G) Motorcycle/Motortricycle;(H) Local and Beyond Local 18�Profes-

sional Sports Team license plates only;(I) Shuttle Bus�regular personalized

plates only;(J) Van Pool�regular personalized plates

only; and(K) Historic�regular personalized plates

only.

(4) No special license plate will be issuedwhich will conflict with any license numberused or to be used in the regular license platenumbering system.

(5) No two (2) owners shall be issued identi-cal plates; and no plates shall be issued con-taining or suggesting any profane or obsceneword or phrase.

(6) No refunds will be made on the unusedportion of any license plates surrendered forspecial license plates.

(7) Special license plates are not assigned toa particular vehicle until the plates are actu-ally issued to the owner of that vehicle by theDepartment of Revenue.

(8) Special license plates shall not be trans-ferred from one (1) owner to another, exceptthat the holder of a special plate may follow

the procedures established by the director inorder to display his/her special plate on avehicle leased by the holder after approval bythe director; and they shall not be transferredfrom one (1) vehicle category to another.This includes any request for transfer by gift,trust, will or judicial proceeding.

(9) The director of revenue shall reserve theright to approve or disapprove any request forspecial license plates or the transfer of licenseplates from one (1) vehicle to another in thesame category.

(10) The month of expiration on all speciallicense plates for motorcycles and motortricy-cles will be April of each year. Speciallicense plates issued to the United StatesCongress, Missouri State Senate, MissouriHouse of Representatives and the followingstatewide elected officials: governor, lieu-tenant governor, secretary of state, state audi-tor, state treasurer and attorney general,which are issued in accordance with section301.144, RSMo will expire in January ofeach year. The month of expiration on allother special license plates shall be stag-gered.

(11) Any person wanting to obtain speciallicense plates must make original applicationfor the plates on a form approved by thedirector of revenue and shall pay a fee of fif-teen dollars ($15) in addition to the regularregistration fees. If at the time of registrationthe applicant applies for a biennial registra-tion, s/he must submit a second special/per-sonalized license plate fee. Application formswill be available to the public at all branchoffices, fee agent offices and the CentralOffice of the department.

(12) Each initial application for speciallicense plates shall be on a form prescribedby the director and submitted to the Depart-ment of Revenue, P.O. Box 100, JeffersonCity, MO 65105-0100. Each application shallbe accompanied by a special license plate feeof fifteen dollars ($15), and a currentemblem-use authorization statement in thecase of collegiate license plates.

(13) If the applicant applies for a biennialregistration at the time s/he picks up his/herspecial license plates, the applicant must sub-mit a second emblem-use authorization state-ment indicating the minimum donation or theoriginal emblem-use authorization statement

indicating twice the annual minimum dona-tion.

(14) An applicant may receive his/her speciallicense plates by surrendering his/her regularregistration plates and paying any additionalfees due on a prorated basis or by not surren-dering his/her plates and paying the full reg-istration fee.

(15) Once an owner obtains special licenseplates s/he shall have first priority on thoseplates for each of the following years that s/hemakes timely and appropriate reapplication(renewal) for those plates and pays the annu-al special plate fee of fifteen dollars ($15) orthirty dollars ($30) for a biennial registrationand any personalized plate fee required bylaw, in addition to the regular registrationfees. Applicants who renew collegiate licenseplates, helping schools and special organiza-tional license plates must also submit a newemblem-use authorization statement. At thetime of renewal, if the applicant elects a bien-nial registration, s/he must present anemblem-use statement that reflects at leasttwice the amount of the annual donation.

(16) Special license plates for which theDepartment of Revenue has not received areapplication (renewal) will be held for sixty(60) days from the date of expiration beforebeing issued to a new applicant.

(17) Original applications for special licenseplates for motorcycles and motortricyclesfiled prior to January 1 of any calendar yearshall be treated as applications for speciallicense plates with an expiration month of thecoming April. Original applications for spe-cial license plates for motorcycles and motor-tricycles filed after December 31 of any cal-endar year will be treated as applications forspecial license plates to be issued in the com-ing April with an expiration month of the nextsucceeding April.

(A) Example One: Original applicationfiled on December 31, 1999, will result inspecial license plates which expire in April of2000.

(B) Example Two: Original applicationfiled on January 1, 2000, will result in spe-cial license plates issued in April of 2000with an expiration month of April 2001.

(18) Original applications for special licenseplates issued to members of the United States

6 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

Page 7: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

CODE OF STATE REGULATIONS 7MATT BLUNT (11/30/03)Secretary of State

Chapter 23�Motor Vehicle 12 CSR 10-23

Congress, Missouri State Senate, MissouriHouse of Representatives and for the follow-ing statewide elected officials: governor, lieu-tenant governor, secretary of state, state audi-tor, state treasurer and attorney general, inaccordance with section 301.144, RSMo,filed prior to October 1 of any calendar yearshall be treated as applications for speciallicense plates with an expiration month of thecoming January, while applications filed afterthe last day of September of any calendaryear will be treated as application for speciallicense plates to be issued in the coming Jan-uary with an expiration month of the nextsucceeding January.

(A) Example One: Original applicationsfiled on September 30, 2000, will result inspecial personalized license plates whichexpire in January 2001.

(B) Example Two: Original applicationsfiled on October 1, 2000, will result in spe-cial license plates issued in January of2001with an expiration of January 2002.

(19) Reapplications (renewals) for speciallicense plates shall be filed with the Depart-ment of Revenue prior to the last day of themonth in which they expire.

(20) The director of revenue may recall anyspecial license plate erroneously issued underthis rule.

AUTHORITY: sections 301.144, 301.449 and301.451, RSMo Supp. 1999.* Original rulefiled Aug. 14, 1978, effective Nov. 13, 1978.Amended: Filed April 11, 1979, effective July11, 1979. Emergency amendment filed Oct.30, 1979, effective Nov. 9, 1979, expired Feb.18, 1980. Amended: Filed Oct. 30, 1979,effective Feb. 11, 1980. Emergency amend-ment filed March 9, 1982, effective March19, 1982, expired July 16, 1982. Amended:Filed May 20, 1982, effective Sept. 13, 1982.Amended: Filed Feb. 24, 1984, effective June11, 1984. Amended: Filed Nov. 18, 1986,effective March 12, 1987. Amended: FiledJuly 17, 1989, effective Oct. 27, 1989.Amended: Filed Oct. 30, 1989, effectiveMarch 26, 1990. Emergency amendment filedSept. 16, 1991, effective Sept. 26, 1991,expired Jan. 23, 1992. Amended: Filed Sept.16, 1991, effective Jan. 13, 1992. Amended:Filed Sept. 1, 1995, effective Feb. 25, 1996.Amended: Filed Jan. 31, 2000, effective July30, 2000.

*Original authority 301.144, RSMo 1977, amended 1979,1983, 1984, 1989, 1992, 1993, 1995; 301.449, RSMo1989, 1995; and 301.451, RSMo 1991, amended 1993,1995, 1997.

Page 8: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

8 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

Page 9: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

CODE OF STATE REGULATIONS 9MATT BLUNT (11/30/03)Secretary of State

Chapter 23�Motor Vehicle 12 CSR 10-23

Page 10: Rules of Department of Revenue · amended 1984, 1985, 1986; 301.253, RSMo 1981, amend-ed 1985, 1986. 12 CSR 10-23.100 Personalized License Plates PURPOSE: This rule establishes categories

10 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

12 CSR 10-23.110 Hearing Held Pursuantto Section 301.257, RSMo(Rescinded April 29, 1991)

AUTHORITY: section 301.257, RSMo 1986.Original rule filed Nov. 5, 1982, effectiveFeb. 11, 1983. Emergency amendment filedJuly 3, 1985, effective July 13, 1985, expiredNov. 10, 1985. Amended: Filed July 3, 1985,effective Oct. 11, 1985, Emergency amend-ment filed June 12, 1986, effective June 22,1986, expired Oct. 20, 1986. Amended: FiledJune 12, 1986, effective Sept. 26, 1986.Rescinded: Filed Nov. 15, 1990, effectiveApril 29, 1991.

12 CSR 10-23.120 Business Records ofManufacturers, Dealers and Boat Dealers(Rescinded December 3, 1992)

AUTHORITY: section 301.251, RSMo 1986.Original rule filed April 25, 1983, effectiveSept. 11, 1983. Amended: Filed May 27,1986, effective Aug. 25, 1986. Rescinded:Filed April 23, 1992, effective Dec. 3, 1992.

William R. Newmann, d/b/a GoodfellowAuto Sales & Salvage, Inc. v. Director ofRevenue, Case No. RV-86-0286 (A.H.C.8/30/88). The Administrative Hearing Com-mission found that petitioner failed to main-tain complete records and files on motor vehi-cles and motor vehicle parts acquired forresale in the business office at the registeredlocation during normal business hours andthat suspension of its auto salvage dealer�slicense was proper.

12 CSR 10-23.130 Legal Name on TitleApplication

PURPOSE: This rule sets forth the require-ment of using the full legal name when mak-ing application for a motor vehicle or trailercertificate of title.

(1) Any person(s) making application for acertificate of title for a motor vehicle or trail-er must make the application using his/her ortheir full legal name. For the purpose of sec-tion 301.190, RSMo, the legal name isdeemed to be the name that appears on thatperson�s Missouri operator�s or chauffeur�slicense.

(2) The legal name for any business makingapplication for a certificate of title for amotor vehicle or trailer is deemed to be thename or the fictitious name as registered withthe secretary of state.

AUTHORITY: section 301.190, RSMo 1986.*Original rule filed Feb. 3, 1984, effectiveMay 11, 1984.

*Original authority: 301.190, RSMo 1939, amended 1947,1965, 1981, 1983, 1984, 1985, 1986, 1986, 1987, 1988,1989, 1990.

12 CSR 10-23.140 Motor Vehicle Title Ser-vices

PURPOSE: This rule establishes the require-ments that must be met for registration as atitle service agent.

(1) Motor vehicle title service agents regis-tering pursuant to section 301.114.2., RSMoshall file an application with the Departmentof Revenue on a form provided by the direc-tor of revenue. The application shall be filedannually together with the following:

(A) Proof of registration with the Office ofthe Secretary of State, either Certificate ofIncorporation or fictitious name registration,if required;

(B) A corporate surety bond on a formapproved by the director of revenue. Thebond requirements are�

1. The amount of the bond must betwenty-five thousand dollars ($25,000);

2. The bond must be executed in thename of the State of Missouri for the benefitof any aggrieved party. The proceeds are tobe payable to the aggrieved party upon receiptby the director of a final judgment from acourt of competent jurisdiction against thetitle service agent;

3. The effective date for the bond mustbe on or before the date the application isreceived by the motor vehicle bureau;

4. The bond must state that it is condi-tioned upon the applicant's compliance withthe provisions of the statutes applicable to allrequirements for the lawful obtaining orreceiving of certificates of ownership formotor vehicles;

5. The bond must state that it is anindemnity bond for loss sustained by any per-son by reasons of an act of the title serviceagent when that act could constitute groundsfor suspension or revocation of the title ser-vice agent�s registration; and

6. The bond must state that in the eventof cancellation by the surety, the Departmentof Revenue will receive notice of cancellationprior to the cancellation;

(C) Address where business is to be con-ducted (not a post office box) and the estab-lished business hours; and

(D) Registration fee.

(2) A title service agent must file a separateapplication and shall be issued a separatelicense for each location owned and operatedby the agent.

(3) All registrations expire on June 30 of eachyear and applications for renewal must befiled in a timely manner to assure registrationfor the year beginning July 1.

(4) Any title service agent who changes thesite of either the principal or a branch loca-tion must comply with all provisions of sec-tion 301.114, RSMo before the applicationmay be accepted.

(5) Whenever a title service agent is nolonger entitled to registration pursuant to sec-tion 301.114, RSMo through voluntary ces-sation of business, abandonment of the regis-tered place of business, suspension ofregistration, sale of a business, declaration ofbankruptcy or for any other reason, the titleservice agent immediately shall surrenderhis/her license to the director of revenueregardless of the unexpired time remaining inthe registration period applicable to thatlicense. No portion of the registration fee willbe refunded.

(6) The agent must maintain reasonable busi-ness hours to allow contact by any authorizedrepresentative of the department, member ofthe Missouri State Highway Patrol or anyauthorized peace officer. Reasonable businesshours will be considered to be 9:00 a.m. to4:00 p.m., four (4) days a week. If the titleservice is closed, the agent, by notice, mustinform the public of a reasonable method ofmaking appointments and the hours duringwhich the agent will be present. An agentmay make written application to the Depart-ment of Revenue for approval of more limitedhours of operation than those required in thissection and may operate during the hoursupon written approval by the Department ofRevenue.

(7) Any changes in the application informa-tion must be reported immediately to themotor vehicle bureau.

AUTHORITY: section 301.114, RSMo 1986.*Original rule filed Sept. 10, 1984, effectiveJan. 12, 1985.

*Original authority: 301.114, RSMo 1984.

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Chapter 23�Motor Vehicle 12 CSR 10-23

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16 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

12 CSR 10-23.150 Administrative HearingHeld Pursuant to Section 301.119, RSMo

PURPOSE: This rule establishes the proce-dures that will be utilized by the director andtitle service agents for compliance with sec-tion 301.119, RSMo.

(1) A title service agent receiving a notice ofrevocation/suspension for failure to satisfythe requirements of state law must request ahearing by the date stated on the notice ofrevocation/suspension. Failure to request thehearing by that date will be considered awaiver of the right to an administrative hear-ing and will make final, for the purposes ofreview, the director�s decision.

(2) The date of the United States postmarkshall be deemed the date of filing. If therequest for hearing is delivered by hand, thedate of filing shall be deemed to be the datereceived by the director of revenue or his/herofficial representative. If any date for per-forming any act falls on a Saturday, Sunday orlegal holiday in this state, the act shall beconsidered timely provided it is performed onthe next succeeding business day.

(3) Hearings will be held in Jefferson City,Missouri. Cases will be placed on the admin-istrative docket in the order in which they arereceived.

(4) Parties requesting hearings will be noti-fied by first class mail of the date and time ofthe hearing. A copy of the notice will be sentto the attorneys of record and the partiesinvolved.

(5) Parties requesting hearings will beallowed one (1) continuance at the discretionof the hearing officer, provided good cause isshown. All requests for continuances shall bemade in writing, state good cause for the con-tinuance and be signed and verified by theparty making the requests or his/her attorneyor authorized representative. All requests forcontinuance must be filed not later than six(6) days prior to the date of the scheduledhearing. The following events or conditionsshall constitute good cause to continue ahearing:

(A) Death of a party, representative, or anattorney of a party, or a witness to an essen-tial fact;

(B) Incapacitating illness of a party, or rep-resentative, or attorney of a party or witnessto an essential fact. The request must containa written statement by an attending physicianreciting the nature and probable duration ofthe illness; and

(C) Unavailability of a party, representativeor attorney or material witness due to anunavoidable emergency.

(6) Cases under section 301.119, RSMo shallbe considered contested cases as that term isdefined in Chapter 536, RSMo.

(7) Hearing procedures are as follows: (A) The director of revenue or his/her rep-

resentative shall state to the requesting partythat the director has determined that the titleservice agent has failed to comply with theprovisions of Chapter 301, RSMo and thebasis for this decision by the director;

(B) The requesting party may present anynew facts which s/he feels may show compli-ance with the applicable provisions of Chap-ter 301, RSMo;

(C) Parties may present testimony by affi-davit. Affidavits may be filed at the time ofhearing or after notice of setting of the hear-ing. Parties will submit the original and three(3) copies of affidavits;

(D) Failure to appear at the hearing at thestated time will make the decision of thedirector final as of that date; and

(E) The provisions of Chapter 536, RSMoshall apply to hearings held pursuant to sec-tion 301.119, RSMo.

(8) The director shall make findings of factand conclusions of law and enter his/her deci-sion. All parties will be mailed a copy of thefindings of fact and conclusions of law. Nodecision will be given at the time of the hear-ing.

(9) The effective date of the director�s deci-sion shall be the date set out in the notice ofrevocation/suspension or the date set in thehearing decision letter, whichever date islater.

(10) Parties may present briefs of law at thetime of the hearing.

AUTHORITY: section 301.119, RSMo 1986.*Original rule filed Sept. 10, 1984, effectiveJan. 12, 1985.

*Original authority: 301.119, RSMo 1984.

12 CSR 10-23.160 Good Moral Characterof Motor Vehicle Dealers, Manufacturers,Boat Dealers, Salvage Dealers and TitleService Agents

PURPOSE: The director of the Department ofRevenue is charged with the responsibility ofdetermining that applicants for registration

as motor vehicle dealers, salvage dealers andtitle service agents are of good moral charac-ter. This rule establishes the guidelines whichwill be used to determine if the applicant iseligible for registration.

(1) Except with a showing of evidence to thecontrary, the following will be consideredprima facie evidence on which the registra-tion of a motor vehicle dealer, manufacturer,boat dealer, salvage dealer or title serviceagent will be denied because of lack of goodmoral character if the applicant:

(A) Has ever been convicted in any feder-al or state court of a felony relating to theacquisition or transfer of motor vehicles,trailers, motor vehicle parts or boats;

(B) Within five (5) years preceding theapplication, has been convicted in any feder-al or state court of a felony, within the lastthree (3) years, or has been convicted in anyfederal or state court of a misdemeanor relat-ing to the acquisition of or transfer of motorvehicles, trailers, motor vehicle parts orboats; and

(C) Within three (3) years preceding theapplication, has been convicted in any feder-al or state court of a misdemeanor, or hasshown contempt of laws in civil or adminis-trative proceedings; or has had a motor vehi-cle dealer registration, manufacturer registra-tion, boat dealer registration, salvage dealerregistration or title service agent registrationrevoked in this or another state and hasdemonstrated through conduct since the dateof the occurrence that no substantial improve-ment in character or reliability has occurred.A determination by the director of revenuethat conduct subsequent to the occurrence inquestion demonstrated a failure to improvecharacter or reliability will be made only fol-lowing a notice to the applicant and a subse-quent hearing before the director of revenueor his/her representative.

(2) Any dealer or applicant who receivesnotice of denial or revocation and desires tocontest the prima facie of the fact(s) recitedin subsection (1)(A) or (B) may request ahearing for the purpose of showing substan-tial rehabilitation or improvement in charac-ter sufficient to rebut the presumption creat-ed by the cited subsections. Request for ahearing should be submitted to the Director,Motor Vehicle and Driver�s Licensing Divi-sion, P.O. Box 629, Jefferson City, MO65105.

AUTHORITY: sections 301.114, 301.221 and301.251, RSMo 1986.* Original rule filedOct. 15, 1984, effective Feb. 11, 1985.

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Amended: Filed June 4, 1986, effective Aug.25, 1986.

*Original authority 301.114, RSMo 1984; 301.221, RSMo1979, amended 1986; and 301.251, RSMo 1981, amended1984, 1985, 1986.

12 CSR 10-23.170 Registration of Corpora-tion Motor Vehicles/Emission SystemInspection Areas

PURPOSE: The director of the Department ofRevenue is charged with the responsibility todetermine that every application for registra-tion of a motor vehicle contains all the infor-mation required by law. It is required in cer-tain areas of the state, as part of the annualmotor vehicle inspection certificate requiredfor registration, that motor vehicles be testedto determine that the emission system is func-tioning within specified standards. Certaincorporations based within the emission sys-tem inspection areas operate motor vehicleswhich are situated outside of the emissionsystem inspection areas. This rule providesthat the emission system inspection require-ment does not apply to corporate motor vehi-cles based and operated exclusively outside ofemission system areas.

(1) The requirement that an application forregistration of a motor vehicle within anemission system inspection area contain acertificate of emission system inspection shallnot apply to motor vehicles owned by corpo-rations based within the inspection areas onlyupon presentation of the following:

(A) A notarized affidavit stating that themotor vehicle in question is based and oper-ated exclusively in an area of the state notsubject to emission system inspection require-ments; and

(B) A tax receipt or certified collector�sstatement showing that the state and countytangible personal property taxes for the pre-ceding year have been paid by the applicant inthe county where the motor vehicle(s) is situ-ated or that no taxes were due.

AUTHORITY: sections 137.095, 301.025,301.130 and 307.366, RSMo 1986.* Originalrule filed Jan. 8, 1985, effective June 13,1985.

*Original authority 137.095, RSMo 1977, amended 1983,1985, 1989; 301.025, RSMo 1951, amended 1974, 1984,1987; 301.130, RSMo 1939, amended 1947, 1949, 1951,1969, 1977, 1981, 1983, 1986, 1987; and 307.366, RSMo1983, amended 1984, 1988.

12 CSR 10-23.180 Replacement VehicleIdentification Plates

PURPOSE: This rule clarifies the issuance ofreplacement vehicle identification numberplates stamped with the original vehicle iden-tification number assigned by the manufac-turer of the motor vehicle or trailer by theDepartment of Revenue.

(1) Upon certified application, the Depart-ment of Revenue may authorize the issuanceof one (1) metal replacement vehicle identifi-cation number (VIN) plate with the originalVIN stamped on the plate. The plate will bedesigned by the department in order to dis-tinguish the replacement plate from the orig-inal plate. Before the issuance of any replace-ment plate, a physical inspection of thevehicle to determine the true and completeVIN must be made by an officer of a lawenforcement agency approved by the Depart-ment of Revenue for that purpose. Theinspecting officer shall certify the inspectionin the appropriate place on the applicationand may retain a copy.

(2) After the replacement VIN plate is issued,the Department of Revenue will forward acopy of the application for replacement VIN(see 12 CSR 10-23.426) plate accompaniedby the replacement plate itself to the originalinspecting law enforcement agency who willmake contact with the vehicle owner.

(3) The attachment of the replacement plateto the vehicle must be made by or under thesupervision of the original inspecting lawenforcement officer. A certification attestingto the attachment of the plate shall be madeon a copy of the application by the officer andthe copy will then be returned by the officerto the Department of Revenue. No replace-ment VIN plate other than one provided bythe Department of Revenue shall be affixed toany motor vehicle or trailer.

(4) The fee for the replacement VIN platewill be seven dollars and fifty cents ($7.50).

AUTHORITY: section 301.300, RSMo 1986.*Original rule filed July 31, 1985, effectiveNov. 28, 1985.

*Original authority: 301.300, RSMo 1939, amended 1941,1947, 1981, 1984, 1988, 1990.

12 CSR 10-23.185 Obscene License Plates

PURPOSE: This rule establishes the guide-lines for issuing personalized motor vehiclelicense plates.

(1) Language or symbols which are obsceneor profane are not protected by the UnitedStates or Missouri Constitution. The lan-guage or symbols shall not be allowed on anypersonalized motor vehicle license plateissued under the provisions of section301.144, RSMo. In determining whether ornot requests for personalized motor vehiclelicense plates contain language or symbolswhich are obscene or profane, the Depart-ment of Revenue will use the standards insection (2).

(2) The following terms, as used in this rule,shall be defined as follows:

(A) Obscene�Language or symbols whichrepresent or describe ultimate excretory func-tions or sexual acts in a patently offensivemanner or make lewd reference to the maleor female sexual organs and appeal to theprurient interests of the average person apply-ing contemporary community standards (seeMiller v. California, 415 U.S. 15, 93 S.Ct.2607 (1973)). Prurient interests, as used inthis definition, shall mean shameful or mor-bid interest in nudity, sex or excretion thatgoes substantially beyond customary limits orcandor in description or representation ofthese matters (see Haldeman v. United States,C.A. Kan., 340 F2d 59 (10th Cir., 1965));and

(B) Profane�Language or symbols whichare irreverent or contemptuous of thingsregarded as sacred or that imply divine con-demnation (see Baker v. State, 16 Ariz. App.463, 494 P2d, 68 (1972) and Duncan v. Unit-ed States, 48 F2d 128 (9th Cir., 1931)).

(3) No motor vehicle license plate will beissued by the Department of Revenue if thelanguage or symbols on the plate are obsceneor profane. In order to make this determina-tion, the Department of Revenue will look tothe way the average person applying contem-porary community standards would view thelicense plate. Factors which the Departmentof Revenue may consider in this regardinclude, but are not limited to:

(A) An explanation by the registrant as towhy s/he chose particular language or sym-bols to be on his/her personalized motorvehicle license plate;

(B) Complaints from the public regardinga license plate with the same letters, numbersor symbols as that requested or held by theregistrant;

(C) Complaints from the public regardinga license plate with similar letters, numbersor symbols as that requested or held by theregistrant;

(D) Dictionary definitions of the languageor symbols requested by the registrant; and

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Chapter 23�Motor Vehicle 12 CSR 10-23

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12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

(E) Information from other states regard-ing motor vehicle plates which have not beenissued by them because they found them to beobscene or profane.

(4) The Department of Revenue shall recallany personalized motor vehicle license platewhich it has already issued if it determinesthat a plate is obscene or profane.

AUTHORITY: section 301.144, RSMo Supp.1991.* Original rule filed Jan. 6, 1986,effective April 11, 1986. Emergency amend-ment filed Jan. 2, 1992, effective Jan. 12,1992, expired May 10, 1992. Amended: FiledJan. 2, 1992, effective May 14, 1992.

*Original authority: 301.144, RSMo 1977, amended 1979,1983, 1984, 1989.

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CODE OF STATE REGULATIONS 19MATT BLUNT (11/30/03)Secretary of State

Chapter 23�Motor Vehicle 12 CSR 10-23

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20 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

12 CSR 10-23.190 Temporary Permits Soldby a Registered Missouri Motor VehicleDealer(Moved to 12 CSR 10-26.180)

12 CSR 10-23.200 Nonnegotiable Certi-ficate of Title to a Motor Vehicle or Trailer(Rescinded September 9, 1993)

AUTHORITY: sections 301.010, 301.190 and301.300, RSMo Supp. 1990. Original rulefiled Jan. 17, 1986, effective May 29, 1986.Amended: Filed Nov. 12, 1991, effectiveMarch 9, 1992. Rescinded: Filed March 24,1993, effective Sept. 9, 1993.

12 CSR 10-23.210 Congressional Medal ofHonor License Plates

PURPOSE: This rule clarifies procedures forissuance of Congressional Medal of Honorlicense plates.

(1) Congressional Medal of Honor licenseplates are Missouri license plates containingletters or numbers or combinations of lettersand numbers which may be established by thedirector of revenue.

(2) The license plates shall bear the wordsCONGRESSIONAL MEDAL OF HONORin blue lettering on two (2) lines with lettersapproximately one inch (1�) in height on awhite background. Immediately to the left ofthese words shall appear a one (1) or two (2)digit number. The upper left-hand corner ofthe plate will bear a reproduction of the Con-gressional Medal of Honor in gold. On thetop of the license plate shall appear the wordsMISSOURI and JUL.

(3) Congressional Medal of Honor licenseplates will be issued only to recipients of theCongressional Medal of Honor and may beissued to any motor vehicle other than a com-mercial motor vehicle licensed for more thantwelve thousand pounds (12,000 lbs.).

(4) Congressional Medal of Honor licenseplates shall be issued only to motor vehicleswhich are owned solely or jointly by recipi-ents of the medal.

(5) Any person desiring to obtain Congres-sional Medal of Honor license plates mustmake application for the set of two (2) plates.

(6) Each initial application for CongressionalMedal of Honor plates shall be submitted tothe Department of Revenue, P.O. Box 100,

Jefferson City, MO 65105 and shall beaccompanied by a letter from the UnitedStates Veterans Administration verifying theperson was a recipient of the CongressionalMedal of Honor. Upon approval, Con-gressional Medal of Honor license plates willbe issued from the Motor Vehicle BureauCentral Office. Subsequent annual renewalmay be accomplished at any branch or feeagent office statewide.

(7) Applicants for Congressional Medal ofHonor license plates shall be required tocomply with all Missouri laws and rules relat-ing to the titling and registration of motorvehicles.

(8) Applications for renewal of Congression-al Medal of Honor license plates shall befiled with the Department of Revenue prior tothe last regular work day of July each year.

(9) Each person qualifying for a Con-gressional Medal of Honor license platemay license only one (1) motor vehicle witha Congressional Medal of Honor licenseplate.

(10) There shall be no fee charged for aCongressional Medal of Honor license plate.

AUTHORITY: section 301.145, RSMo 1986.*Original rule filed Jan. 22, 1986, effectiveMay 11, 1986. Amended: Filed Nov. 13,1986, effective Feb. 28, 1987.

*Original authority: 301.145, RSMo 1986.

12 CSR 10-23.220 Motor Vehicle Fee andTax Refund Requests

PURPOSE: This rule clarifies when a requestfor refund of motor vehicle fees and taxes willbe approved or denied.

(1) The Department of Revenue will approvea request for refund unless the request ismade pursuant to circumstances including,but not limited to, the following:

(A) In any case of a casualty loss when theloss of a motor vehicle or trailer was partialrather than total;

(B) In any case of a total casualty losswhere the date of sale of a replacement vehi-cle, as evidenced by the date the notaryacknowledged the transferor�s signature, on aManufacturer�s Statement of Origin or a Mis-souri certificate of title was more than ninety(90) days prior to or after the date the casu-alty loss proceeds were certified to the losspayee;

(C) In any case where the date of sale of anoriginal vehicle, as evidenced on the Mis-souri certificate of title by a notary seal, datesmore than ninety (90) days before or after thedate of purchase of a new replacement vehi-cle. The date of sale of a new vehicle shall beevidenced on the Manufacturer�s Statementof Origin by the date the notary acknowl-edged the signature of the transferor;

(D) In any case where the date of sale of anoriginal vehicle, as evidenced on the Mis-souri certificate of title by a notary seal, datesmore than ninety (90) days before or after thedate of purchase of a used replacement vehi-cle. The date of purchase of the used replace-ment vehicle shall be evidenced on the Mis-souri certificate of title by the date the notaryacknowledged the signature of the transferor;

(E) In any case where the original vehiclesold or destroyed is owned by a title holder ofrecord other than the title holder of thereplacement vehicle. The title holder(s) of theoriginal vehicle must be, in fact, the same asthe title holder(s) of the replacement vehiclein order to qualify for the tax exemptionunder section 144.025 or 144.027, RSMo;

(F) In any case where an individual or anorganization was not the holder of a valid taxexemption number on the date the vehiclewas purchased;

(G) In any case where the claim is forrefund of registration fees; and

(H) In any case where the claim for refundwas filed more than two (2) years from thedate the tax was paid.

(2) The Department of Revenue will refundtaxes erroneously paid in connection with thetitling of a motor vehicle or trailer that islater determined to have been stolen or whena purchase of a motor vehicle is rescindedwithin sixty (60) days of the purchase date.

(3) Proceeds, as used in section 144.027,RSMo, are defined as the amount in the formof cash or a check actually received from theinsurance company. The deductible amountunder the policy shall not be added to theamount of the check to total the proceeds.

AUTHORITY: section 144.270, RSMo 1986.*Original rule filed March 3, 1986, effectiveJune 28, 1986. Amended: Filed Nov. 18,1986, effective March 12, 1987.

*Original authority: 144.270, RSMo 1939, amended 1941,1943, 1945, 1947, 1955, 1961.

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12 CSR 10-23.230 Legal Sale of MotorVehicle or Trailer

PURPOSE: This rule clarifies that, as ofAugust 28, 1989, the form of warranty pre-scribed by the director of revenue for assign-ments of title to motor vehicles does notrequire acknowledgment of the transferor�ssignature by a notary public. In addition, thisrule clarifies that assignments of title madeon or after August 28, 1989, which do notinclude a notarial acknowledgment of thetransferor�s signature, are not procedurallydefective.

(1) Any assignment of a motor vehicle ortrailer certificate of title made on or afterAugust 28, 1989, and before February 11,1991, is not procedurally defective by reasonof the transferor�s signature not beingacknowledged by a notary public.

(2) Beginning on August 28, 1989, an assign-ment of a certificate of title does not requirean acknowledgment of the transferor�s signa-ture by a notary public. As of that date, theform of warranty of title prescribed by thedirector of revenue for the proper assignmentof certificate of title pursuant to section301.210, RSMo removed any requirementthat the transferor�s signature be notarized.

AUTHORITY: section 301.210, RSMo 1986.*Original rule filed March 3, 1986, effectiveJune 28, 1986. Emergency rescission filedJan. 3, 1991, effective Jan. 13, 1991, expiredMay 13, 1991. Rescinded: Filed Jan. 3, 1991,effective June 10, 1991. Emergency rule filedFeb. 1, 1991, effective Feb. 11, 1991, expiredJune 10, 1991. Readopted: Filed Feb. 1,1991, effective June 10, 1991.

*Original authority: 301.210, RSMo 1939, amended 1947,1984, 1991.

12 CSR 10-23.240 Recording of Mileage onan Application for Certificate of Title(Rescinded July 8, 1991)

AUTHORITY: sections 301.190, 301.210 and407.536, RSMo 1986. Original rule filedMarch 3, 1986, effective June 28, 1986.Amended: Filed Dec. 2, 1986, effectiveMarch 12, 1987. Rescinded: Filed Feb. 151991, effective July 8, 1991.

12 CSR 10-23.250 Registration and Classi-fication of Commercial Motor Vehicles

PURPOSE: This rule sets forth the require-ments for the registration and classificationof commercial motor vehicles.

(1) The intended usage of a motor vehicleshall determine how a vehicle is to be regis-tered unless the registration is otherwisedefined by statute. An applicant shall desig-nate at the time of registration the type ofusage for which the vehicle shall be princi-pally used.

(2) A commercial motor vehicle is a motorvehicle designed for or regularly used forcarrying freight and merchandise or morethan eight (8) persons, excepting vanpools orshuttle buses. Commercial use of the vehicleshall be presumed where the vehicle is regu-larly used for the carrying of freight or per-sons for more than fifty percent (50%) of thedriving time or mileage of the vehicle.

(3) The registrant of a van, truck or stationwagon who registers the vehicle as non-com-mercial shall provide the department with anotarized affidavit that the commercial use ofthe motor vehicle comprises less than fiftypercent (50%) of the use of the vehicle.

AUTHORITY: sections 301.010, 301.020 and301.030, RSMo 1986.* Original rule filedMarch 3, 1986, effective June 28, 1986.

*Original authority: 301.010, RSMo 1939, amended 1945,1949, 1951, 1969, 1974, 1979, 1980, 1983, 1983, 1985,1986, 1986, 1987, 1988, 1989; 301.020, RSMo 1939,amended 1943, 1945, 1949, 1957, 1969, 1985, 1986,1988, 1988, 1989; and 301.030, RSMo 1947, amended1951, 1965, 1974, 1983, 1986.

12 CSR 10-23.255 Replacement VehicleIdentification Number Tabs�DR andDRX Numbers

PURPOSE: This rule clarifies the issuance ofDepartment of Revenue vehicle identificationnumber tabs to motor vehicles and trailerswhich were never assigned a vehicle identifi-cation number plate by their manufacturer;have had a number destroyed, removed, cov-ered or altered; or were reconstructed withvarious major component parts of othermotor vehicles or trailers which have con-flicting or different vehicle identificationnumber plate numbers.

(1) Upon certified application, the depart-ment may authorize the issuance of one (1)adhesive vehicle identification number (VIN)tab which shall be affixed in an upright posi-tion to the inside facing of the driver�s dooradjacent to the number it is replacing on amotor vehicle; or in a prominent, uprightposition on the left side near the corner of a

trailer and which shall serve as the VIN ofthe motor vehicle or trailer.

(2) Before the issuance of any VIN tab to amotor vehicle, a physical inspection of themotor vehicle to determine the need for areplacement vehicle identification number tab(DR Number) must be made by an officer ofa law enforcement agency approved by thedepartment for that purpose. The inspectingofficer shall certify the inspection on a Vehi-cle Examination Certificate provided by thedepartment and may retain a copy. Theinspecting officer shall also provide a copy ofthe Vehicle Examination Certificate to theowner. If the Vehicle Examination Certificateindicates conflicting VINs for the public VINand the police VIN, and at least three (3) ormore new or used major component partshave been used in reconstructing the vehicle,the department will issue a replacement vehi-cle identification number tab (DR Number)for the inspecting officer to affix to the motorvehicle as described in section (1).

(3) Before issuance of any VIN tab to theowner of a homemade trailer, the owner mustpresent verification from an official MissouriMotor Vehicle Inspection Station that thetrailer is indeed homemade. The certificatewill describe the trailer as HMDE and recordthe VIN as NONE. To obtain a DRXNumber, the owner must submit the inspec-tion certificate along with a completedDepartment of Revenue Form 50, Applica-tion for DRX Number.

(4) Before issuance of any VIN tab to theowner of a manufactured trailer, the need fora DR Number must be established throughinspection of the trailer by a designated, offi-cial Motor Vehicle Inspection Station. If themanufactured trailer does not have a VIN, theinspection station will record UNKNOWN inthe appropriate area on the inspection certifi-cate. The department will issue, upon certi-fied application for title by the owner, a DRNumber for the trailer. The DR Number tabshall be affixed by the owner as described insection (1).

(5) If the make of a manufactured trailer can-not be determined by the inspection station,the station will record the make as UMFG onthe inspection certificate. In addition, if themanufactured trailer lacks a VIN, the depart-ment will issue, upon certified application fortitle by the owner, a DRX Number for thetrailer. The DRX Number tab shall beaffixed by the owner as described in section(1).

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Chapter 23�Motor Vehicle 12 CSR 10-23

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AUTHORITY: sections 301.020 and 301.380,RSMo 1986.* Original rule filed March 21,1986, effective July 11, 1986.

*Original authority 301.020, RSMo 1939, amended 1943,1945, 1949, 1957, 1969, 1985, 1986, 1988, 1988, 1989and 301.380, RSMo 1939, amended 1945, 1949, 1984.

22 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

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CODE OF STATE REGULATIONS 23MATT BLUNT (11/30/03)Secretary of State

Chapter 23�Motor Vehicle 12 CSR 10-23

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24 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

12 CSR 10-23.260 Inspection of ForeignMotor Vehicles Prior to Titling

PURPOSE: This rule sets forth the proce-dures for issuance of Missouri certificates oftitle to foreign motor vehicles not specificallymanufactured for importation into this coun-try.

Editor�s Note: The secretary of state hasdetermined that the publication of this rule inits entirety would be unduly cumbersome orexpensive. The entire text of the material ref-erenced has been filed with the secretary ofstate. This material may be found at theOffice of the Secretary of State or at the head-quarters of the agency and is available to anyinterested person at a cost established bystate law.

(1) Some vehicles are not manufactured forimportation into the United States. In orderfor a certificate of title to be issued, thedepartment requires any motor vehicleimported by a registered Missouri motorvehicle dealer, or an individual, which vehi-cle is not manufactured for importation intothe United States, to be inspected by a mem-ber of the Missouri State Highway Patrol. Atthe time of the inspection, the Missouri StateHighway Patrol will complete a VehicleExamination Certificate, DOR Form 551.This form indicates that the vehicle identifi-cation number has been verified and is cor-rect.

(2) Some motor vehicles which are purchasedby Missouri residents in another country andimported into the United States are manufac-tured for importation into the United Statesand conform to all legal standards. The own-ership document for these vehicles is usuallya Manufacturer�s Statement of Origin similarto the type issued for a motor vehicle con-structed by an American manufacturer.

(A) Any application for title to a motorvehicle imported into the United States whichis accompanied by a Manufacturer�sStatement of Origin need not be accompaniedby a DOR Form 551(B). If problems areencountered at the time the application isentered into the Department of Revenue�scomputer, the central office will inform theapplicant to contact the Missouri State High-way Patrol to request that they inspectthe vehicle and complete a VehicleExamination Certificate.

AUTHORITY: section 301.190, RSMo 1986.*Original rule filed March 21, 1986, effectiveJuly 11, 1986.

*Original authority: 301.190, RSMo 1939, amended 1947,1965, 1981, 1983, 1984, 1985, 1986, 1986, 1987, 1988,1989, 1990.

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26 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue

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12 CSR 10-23.265 Statements of Non-Inter-est

PURPOSE: This rule sets forth the require-ments to retitle when an assignment of title iserroneously completed.

(1) Whenever an assignment of title is erro-neously completed or the sale of the vehicleis not consummated within sixty (60) daysafter the assignment of title, the seller of thevehicle must comply with one (1) of therequirements outlined as follows:

(A) If the seller of the vehicle is not a Mis-souri registered motor vehicle dealer, theseller of the vehicle must obtain a duplicatecertificate of title from this department beforethe ownership of the vehicle may be trans-ferred to another individual. The seller willbe required to submit the following docu-ments in order to obtain the duplicate title:

1. Application for Duplicate Title,DOR-108;

2. The mutilated certificate of title;3. A statement signed by the seller and

the individual (purchaser) to whom the vehi-cle was assigned stating the date and reasonthe sale was not completed;

4. A statement from any lienholderwhich may have been recorded in the assign-ment of title; and

5. Required duplicate title fee;(B) If the seller of the vehicle is a Missouri

registered motor vehicle dealer, the dealer-ship will not be required to obtain a duplicatecertificate of title in the previous owner�sname but will be required to obtain an origi-nal title in the name of the dealership beforethe ownership of the vehicle may be trans-ferred to another individual or dealership.The dealership will be required to submit thefollowing documents in order to obtain theoriginal title:

1. Application for Title, DOR-108;2. The mutilated certificate of title;3. A statement signed by a representa-

tive of the dealership and the individual (pur-chaser) to whom the vehicle was assignedstating the date and reason the sale was notcompleted;

4. A statement from any lienholderwhich may have been recorded in the assign-ment of title; and

5. Required title fee; and(C) If the assignment of title by the dealershipoccurred on an original certificate of titleissued in the name of that dealership, thedealership would be required to make anapplication for duplicate title as required insubsection (1)(A).

(2) If the sale of the vehicle is rescinded with-in sixty (60) days from the date of vehiclepurchase, the purchaser/seller may apply fora refund of any taxes paid on the acquisitionof the vehicle within one (1) year after thepayment of taxes.

(3) This rule applies to Certificates of Titleissued by Missouri as well as other states. Itdoes not affect assignments of ownership onManufacturers� Statements of Origin.

AUTHORITY: sections 301.190, and 301.210,RSMo Supp. 1998.* Original rule filedMarch 21, 1986, effective July 26, 1986.Amended: Filed June 30, 1999, effective Dec.30, 1999.

*Original authority: 301.190, RSMo 1939, amended 1947,1965, 1981, 1983, 1984, 1985, 1986, 1986, 1987, 1988,1989, 1990, 1992, 1997 and 301.210, RSMo 1939, amend-ed 1947, 1984, 1991, 1997.

12 CSR 10-23.270 Watercraft Identi-fication Plates

PURPOSE: This rule sets forth the proce-dures for issuance of watercraft identificationplates.

(1) Every watercraft sold in this state afterJanuary 1, 1970, must have die stamped onor within three feet (3') of the transom orstern a factory number or serial number. Ifthe watercraft does not have a factory or ser-ial number, the owner must make applicationto the Department of Revenue for theissuance of a new or replacement identifica-tion number plate to be affixed to the water-craft. Upon application, the Department ofRevenue may authorize the issuance of one(1) metal identification plate which will serveas the identification number of the watercraft.

(2) Before the issuance of any metal identifi-cation plate, a physical inspection of thewatercraft shall be made by an officer of alaw enforcement agency approved by theDepartment of Revenue for that purpose. Thephysical inspection of the watercraft willdetermine either the true and complete iden-tification number for the watercraft or that noidentification number exists. The inspectingofficer shall certify the physical inspection onthe Boat/Outboard Motor Certification pro-vided by the department.

(3) If the physical inspection of the watercraftdiscloses that the watercraft is homemade,the assigned identification number will beginwith the prefix MOZ followed by the last two

(2) numeric digits of the calendar year thewatercraft was constructed, a three (3)numeric digit control number and four (4)numeric digits which will identify the monthand year of issuance.

(4) If the physical inspection of the watercraftdiscloses the true and complete identificationnumber, the assigned identification numberwill contain the same identification numberas placed on the watercraft by the manufac-turer of the watercraft.

(5) If the physical inspection of the watercraftdiscloses that the watercraft is manufacturedand the true and complete identification num-ber cannot be determined, the assigned iden-tification number will begin with the prefixMOM followed by the last two (2) numericdigits of the calendar year the watercraft wasmanufactured, a three (3) numeric digit con-trol number and four (4) numeric digitswhich will identify the month and year ofissuance.

(6) After the identification plate is issued, thewatercraft owner will affix the identificationplate on or within three feet (3') of the tran-som or stern of the watercraft.

(7) The fee for the identification plate will beseven dollars and fifty cents ($7.50) per iden-tification plate.

AUTHORITY: section 306.030, RSMo 1986.*Emergency rule filed March 17, 1986, effec-tive March 27, 1986, expired July 25, 1986.Original rule filed March 17, 1986, effectiveJune 28, 1986.

*Original authority: 306.030, RSMo 1959, amended1969, 1975, 1985.

12 CSR 10-23.275 Recognition of Nonresi-dent Disabled Person Windshield Placards

PURPOSE: This rule sets forth the criteria bywhich Missouri will recognize and honorvehicles displaying disabled person wind-shield placards or disabled emblems issued toresident or nonresident operators of thesevehicles by the United States government,another state, District of Columbia, or terri-tory or possession of the United States.

(1) Missouri shall honor disabled personwindshield placards or federally issued dis-abled emblems displayed in or on vehicles ofresident or nonresident operators at all timeswhen the vehicles are operated by residentsor nonresidents within this state and

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specifically when the vehicles are located inparking spaces designated for the disabled.The following conditions apply:

(A) The vehicle shall be duly registered forthe current year in its respective state, Dis-trict of Columbia, or territory or possessionof the United States;

(B) The operator of the vehicle shall com-ply with the provisions of section 301.143,RSMo, which allows political subdivisions ofMissouri to designate parking spaces for theexclusive use of vehicles displaying a distin-guishing disabled person windshield placard;and

(C) Nothing in this rule, in any way, shallbe interpreted to allow a resident or nonresi-dent operator of a vehicle displaying a dis-abled person windshield placard or federallyissued disabled emblem to violate any statestatute or lawful political subdivision�s ordi-nances governing parking of vehicles withinthe boundaries of the political subdivision.

AUTHORITY: sections 301.142, RSMo Supp.2001 and 301.271, RSMo 2000.* Originalrule filed April 21, 1986, effective Aug. 11,1986. Amended: Filed Nov. 12, 1991, effec-tive March 9, 1992. Amended: Filed Sept.27, 2001, effective March 30, 2002.

*Original authority: 301.142, RSMo 1977, amended 1981,1982, 1983, 1986, 1987, 1991, 1995, 1997, 1998, 1999,2001 and 301.271, RSMo 1958.

12 CSR 10-23.280 Replacement of Multi-year License Plates

PURPOSE: This rule sets forth the proce-dures for replacement of multiyear licenseplates.

(1) In January 1979 the Department of Rev-enue began issuing multiyear license plates.The categories of multiyear license platesare: passenger; recreational vehicle; motorcy-cle; motortricycle; commercial motor vehi-cles licensed as Local (L) 6000 and 12,000,Beyond Local (BL) 9000, BL 6000 and12,000; shuttle bus; and van pool. Theselicense plates were subjected to manufactur-ing processes which guarantee a minimumuseful life of five (5) years. Holders of multi-year license plates issued at least five (5)years previously may be issued new licenseplates upon the payment of the annual regis-tration (renewal) fee subject to the proceduresoutlined that follow:

(A) If the owner of multiyear license platesrequests new plates upon renewal and surren-ders the old license plates, new license platesfrom the office�s current inventory stock may

be issued upon the payment of only theappropriate renewal fee;

(B) If the owner of multiyear license platesrequests new plates upon renewal, but refus-es to surrender the old license plates inhis/her possession, new license plates fromthe office�s current inventory stock may beissued upon the payment of the appropriateregular registration fee and the failure torenew fee;

(C) If the owner of multiyear license platesrequests new license plates upon renewal, butdeclares that s/he cannot surrender his/herold license plates because they were lost,stolen or destroyed, the applicant must com-plete an application for replacement platesand pay the appropriate replacement platecharge in addition to the regular registrationfee. The applicant will be issued validationtabs from the current inventory stock and areplacement permit and receipt. The replace-ment plates will be manufactured with thesame configuration as the original plates andwill be mailed to the applicant. The applicantwill affix the new validation tabs to thereplacement plates when they are received byhim/her;

(D) If the owner of multiyear license platesrequests new plates at any time other thanduring the month of renewal because thelicense plates currently on the vehicle are atleast five (5) years old, s/he may be issuedreplacement plates at no fee; however, theapplicant must surrender the damaged licenseplates. The applicant will be issued replace-ment tabs and a replacement permit andreceipt. The replacement plates will be man-ufactured with the same configuration as theoriginal plates and mailed to the applicant;

(E) If the owner of multiyear license plateswhich are at least five (5) years old, purchas-es another vehicle and does not wish totransfer the license plates, the applicant maypay the appropriate transfer fee, surrenderthe old plates and be issued replacementplates at no fee. The applicant will be issuedreplacement tabs, a replacement permit andreceipt. The replacement plates will be man-ufactured with the same configuration as theoriginal plates and mailed to the applicant;

(F) If the owner of multiyear license plates,which are at least five (5) years old, purchas-es another vehicle but does not wish to trans-fer the old license plates and refuses to sur-render them, s/he may be issued a new set oflicense plates from the branch or fee agentoffice�s current inventory stock. S/he will berequired to pay the appropriate registrationfee and the failure to transfer fee; and

(G) If the owner of multiyear licenseplates, which are at least five (5) years old,has only one (1) license plate to surrender

and declares the other license plate was lost,stolen or destroyed, s/he may be issued a newset of multiyear license plates under the pro-cedures established in subsection (1)(A) ofthis rule. The applicant will not be requiredto pay the failure to renew fee or apply forone (1) replacement plate.

(2) An owner of multiyear license plates,which are less than five (5) years old, whoeither refuses to renew or to transfer theplates will be issued new plates, be chargedthe appropriate renewal fee and be chargedeither a failure to renew or failure to transferfee, whichever is applicable.

AUTHORITY: section 301.130, RSMo 1986.*Original rule filed April 21, 1986, effectiveAug. 11, 1986.

*Original authority: 301.130, RSMo 1939, amended 1947,1949, 1951, 1969, 1977, 1981, 1983, 1986.

12 CSR 10-23.285 Titling of Motor VehiclesSold Without Safety Inspections

PURPOSE: This rule clarifies when an orig-inal Missouri certificate of title versus a sal-vage certificate of title shall be issued toowners of vehicles purchased for junk, sal-vage or for the purpose of rebuilding inaccordance with section 307.380, RSMo.

(1) If the purchaser (owner) of the vehicledeclares that the vehicle requires only therepairs necessary to enable it to pass a safetyinspection, the department may issue an orig-inal Missouri certificate of title in the owner�sname.

(2) If the purchaser (owner) of the vehicledeclares that the vehicle requires reconstruc-tion or rebuilding which would involve instal-lation of new or used essential parts, thedepartment may issue a salvage Missouri cer-tificate of title in the owner�s name.

AUTHORITY: section 307.380, RSMo Supp.1987.* Original rule filed April 21, 1986,effective Aug. 11, 1986.

*Original authority: 307.380, RSMo 1939, amended 1947,1949, 1951, 1969, 1977, 1981, 1983, 1986, 1987.

12 CSR 10-23.290 Use of License PlatesAfter Name Change

PURPOSE: This rule clarifies when contin-ued use of previously issued license plates ispermissible by providing examples of variousname-change situations.

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CODE OF STATE REGULATIONS 29MATT BLUNT (11/30/03)Secretary of State

Chapter 23�Motor Vehicle 12 CSR 10-23

(1) In title transactions which involve a namechange only, with no change of ownership,the owner may change the name on the cer-tificate of title and continue to use the samelicense plates assigned to the vehicle untilthey expire.

(2) It will be the owner�s responsibility tosubmit proof that the name s/he is changingfrom and the name s/he is changing to are thesame owner(s), and no change of ownershiphas occurred. This proof may be by certifiedcopy of the name-change document issued bythe Office of the Secretary of State or courtorder.

(3) If the entire ownership of a business issold to another individual, partnership orcorporation, the registration of any commer-cial motor vehicles owned by the businessmay be transferred to the new owner. Astatement from the seller which gives per-mission for the new owners to use the licenseplates currently on the vehicles until theirdate of expiration is required. This statementis sometimes included as part of the sale con-tract.

(4) Examples.(A) Corporate Name Change. ABC Cor-

poration changes its name to DEF Corpora-tion with no change of owners. A name-change document from the secretary of stateis required. The old license plate may beused. No transfer fee will be charged unlessthe corporation is transferring the licensefrom one (1) vehicle to another. If a name-change document is not presented, newlicense plates must be purchased.

(B) Corporate Name Change�AdditionalOwners. ABC Corporation owned by two (2)people changes its name to DEF Corporationwhich will be owned by four (4) people. Achange of ownership is involved. New licenseplates are required. New license plates willnot be required for any commercial motorvehicles involved in the change of ownership.A statement from the seller will be required.

(C) Corporate Distribution to Shareholder.ABC Corporation, owned by John Doe,wants to retitle a vehicle with the corpora-tion�s name to the individual�s name. Achange of ownership is involved. New licenseplates are required. New license plates willnot be required for any commercial motorvehicles involved in the change of ownership.A statement from the seller will be required.

(D) Shareholder Contribution to Cor-poration. John Doe wants to retitle his pri-vately owned vehicle to his corporation�sname, ABC Corporation. A change of own-ership is involved. New license plates are

required. New license plates will not berequired for any commercial motor vehiclesinvolved in the change of ownership. A state-ment from the seller will be required.

(E) Incorporation of a Company. XYZCompany incorporates and changes to XYZCorporation. A change of ownership isinvolved. New license plates are required.New license plates will not be required forany commercial motor vehicles involved inthe change of ownership. A statement fromthe seller will be required.

(F) Company Name Change. XYZ Com-pany changes its name to ABC Company withno change of ownership. A name-changedocument from the secretary of state isrequired. The old license plates may be used.No transfer fee is charged unless the compa-ny or corporation is transferring the licensefrom one (1) vehicle to another. If a name-change document cannot be presented, newlicense plates must be purchased.

(G) Individual to Company Name Change.John Doe wants to retitle his privately ownedvehicle to his privately owned company,John�s Delivery Company. A copy of Regis-tration of Fictitious Name form filed with thesecretary of state is required. The old licenseplates may be used. No transfer fee ischarged unless John Doe is transferring thelicense plates from one (1) vehicle to anoth-er. If the Registration of Fictitious Nameform cannot be presented, new license platesmust be purchased.

(H) Company Name Change�AdditionalOwners. ABC Company owned by two (2)people changes its name to XYZ Companyowned by four (4) people. A change of own-ership is involved. New license plates arerequired. New license plates will not berequired for any commercial motor vehiclesinvolved in the change of ownership. A state-ment from the seller will be required.

(I) Individual Name Change. Because ofmarriage, divorce or establishment of nameby common usage, Mary Jones changes herlast name on a certificate of title to MaryJohnson. Mary must present her Missouridriver�s license showing her name. This willconstitute sufficient proof of name change. IfMary does not have a Missouri driver�slicense, or has not applied for a new driver�slicense which reflects her name change, shemust complete an affidavit stating her namechange was due to marriage or divorce, orpresent three (3) affidavits stating the namechange was due to establishment of name bycommon usage. Her old license plates may beused if Mary�s previous name was on theoriginal title.

(J) Court Authorized Individual NameChange. John Brown wants to change his

name to Bobby Smith on a certificate of title.A certified copy of the court order authoriz-ing the name change is required. His oldlicense plates may be used.

AUTHORITY: sections 301.140, RSMo Supp.1987 and 301.442, RSMo 1986.* Originalrule filed April 21, 1986, effective Aug. 11,1986.

*Original authority: 301.140, RSMo 1987, amended 1947,1951, 1978, 1979, 1986, 1987 and 301.442, RSMo 1981.

12 CSR 10-23.295 Witnessing Proof of Pay-ment for Federal Heavy Vehicle Use Tax orThat the Tax is Not Owing

PURPOSE: Section 301.025.2., RSMo pro-hibits the director of revenue from registeringany vehicle subject to Federal Heavy VehicleUse Tax unless the applicant submits proof ofpayment or proof that the tax is not owing.This rule clarifies what constitutes proof ofpayment (or that the tax is not owing) of theFederal Heavy Vehicle Use Tax imposed bySection 4481 of the Internal Revenue Code of1954.

PUBLISHER�S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.Therefore, the material which is so incorpo-rated is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency�s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not toexceed actual cost of copy reproduction. Theentire text of the rule is printed here. Thisnote refers only to the incorporated by refer-ence material.

(1) The federal heavy vehicle use tax isimposed on highway motor vehicles which(together with semi-trailers and trailers cus-tomarily used in connection with highwaymotor vehicles) have a taxable gross weightof at least fifty-five thousand pounds (55,000lbs.). Effective July 1, 1985 any single orstraight truck having two (2) or three (3)axles is subject to the heavy vehicle use tax ifthe vehicle is licensed for fifty-five thousandpounds (55,000 lbs.) or above.

(2) Vehicles not used for highway transporta-tion (such as farm tractors, road graders,bulldozers or specialized motor equipmentused for nontransportational functions) arenot subject to the tax.

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(3) Vehicles which are not used for highwaytransportation and are licensed for fifty-fivethousand pounds (55,000 lbs.) or above maybe exempt from the payment of these taxesprovided the owner(s) files a FORM 2290 toclaim a suspension of the tax liability. Theowner may claim a tax suspension for amotor vehicle which is considered taxableduring a tax period if the vehicle is used onthe public highway for five thousand (5000)or fewer miles; or in the case of agriculturalvehicles, the vehicle is used for seven thou-sand five hundred (7500) or fewer miles.

(4) Beginning October 1, 1985 all applica-tions for a local or beyond local commercialmotor vehicle sixty thousand pounds (60,000lbs.) or above license plate must be accompa-nied by proof that federal heavy vehicle usetax has been paid or that the tax is suspendedbefore a license plate may be issued orrenewed. The applicant must provide one (1)or more of the following documents as proofof payment of this tax:

(A) Schedule 1 to Form 2290 as proof ofpayment. Schedule 1 to Form 2290 must beappropriately stamped (receipted) by theInternal Revenue Service.

1. The Heavy Vehicle Use Tax Return,Form 2290, is the form used to figure andpay the heavy vehicle use tax or to claim a taxsuspension.

2. Schedule 1 to Form 2290 is the formused to identify the vehicle identificationnumber (VIN) and vehicle tax category asreported on the Form 2290;

(B) If the applicant has not received Sched-ule 1 to Form 2290 appropriately stamped(receipted) by the Internal Revenue Serviceprior to making application for registration,but has received his/her cancelled checkpayable to the Internal Revenue Service forthe heavy vehicle use tax, s/he may presentthe following as proof of payment: copy ofthe front and back of the cancelled check; andapplicant�s copy of Schedule 1 to Form 2290;

(C) If a receipted or nonreceipted Schedule1 shows tax due on twenty-one (21) vehiclesor less or tax suspended on nine (9) vehiclesor less and the taxpayer�s name on the Sched-ule 1 is one of the names in which the vehi-cles are sought to be registered, each of thevehicles identified on the Schedule 1 must beidentified by the VIN before the schedulemay be accepted as valid proof of payment.If, on the other hand, the receipted or nonre-ceipted Schedule 1 shows tax due on morethan twenty-one (21) vehicles or tax suspend-ed on more than nine (9) vehicles and the tax-payer�s name on the Schedule 1 is one of thenames in which the vehicles are sought to beregistered, the Schedule 1 shall be accepted

as proof of payment in support of the regis-tration of a number of vehicles equal to orless than the total and a list of the vehicles (ortheir VINs) is not required as part of theproof of payment; and

(D) If a receipted or nonreceipted Schedule1 which does not include a list of VINs issubmitted as proof of payment for the regis-tration of one (1) or more highway motorvehicles and the name of the taxpayer appear-ing on the Schedule 1 is not one of the namesin which the vehicles are sought to be regis-tered, then the Schedule 1 shall be acceptedas proof of payment in support of the regis-tration of a number of vehicles equal to orless than the total number of vehicles on theSchedule 1 provided the Schedule 1 is accom-panied by a written statement executed by thetaxpayer. The written statement shall containthe VINs of the vehicles sought to be regis-tered and a statement that the Federal HeavyVehicle Use Tax (as detailed in 4481(a) of 26CFR part 41) has been paid with respect tothe vehicles for the taxable period. The state-ment must be signed by the taxpayer whosename appears on the Schedule 1.

(5) An applicant requesting a commercialmotor vehicle license for a newly acquiredvehicle is not required to provide proof ofpayment of the federal heavy vehicle use taxif s/he presents a notarized bill of sale orproperly assigned ownership document indi-cating the vehicle was purchased no morethan sixty (60) days prior to the date s/he sub-mitted his/her application for license plates.If the application for license plates is submit-ted after the sixty (60)-day period, s/he mustsubmit proof that federal heavy vehicle usetax has been paid or that the tax is suspendedbefore license plates may be issued.

(6) All branch and fee agent license officesmust verify proof of payment of federal heavyvehicle use tax or that the tax has been sus-pended. The license office shall validate orstamp Schedule 1 to Form 2290 each time alicense plate is issued for a vehicle describedon the form.

AUTHORITY: section 301.025.2, RSMoSupp. 1987.* Original rule filed May 27,1986, effective Aug. 25, 1986.

*Original authority: 301.025.2, RSMo 1951, amended1974, 1984, 1987.

12 CSR 10-23.300 Use of Local Commer-cial Motor Vehicle License Plates for Farmor for Farming Transportation Operations

PURPOSE: This rule sets forth the manner ofthe use of local commercial motor vehiclelicense plates issued to motor vehicles usedfor farm or farming transportation opera-tions.

(1) Any applicant who requests a farm licenseplate will be issued a local commerciallicense plate for the appropriate gross weightcategory and an �F� tab. The tab (whichshall be a black letter F on a yellow back-ground) referred to as a �farm� tab, shouldbe affixed to the license plate in the lowerleft-hand corner. If the owner is issued Local6,000 or Local 12,000 license plates, two (2)farm tabs must be issued. If the owner isissued a Local 18,000 through 80,000 licenseplate, one (1) farm tab will be issued. Thefarm tab(s) shall be issued at no fee.

(2) A farmer operating his/her truck on alocal commercial motor vehicle license platewith a farm tab may travel beyond the fifty(50) mile limit as defined in section301.010(25), RSMo while empty or loaded.If the motor vehicle is loaded, the propertybeing transported must be going to or fromthe farm for use in the operation of the farm.

(3) A farmer operating on a local commercialmotor vehicle license plate with a farm tabmay not make a for hire haul.

AUTHORITY: section 301.030, RSMo 2000.*Original rule filed June 9, 1986, effectiveSept. 26, 1986. Amended: Filed June 24,2003, effective Dec. 30, 2003.

*Original authority: 301.030, RSMo 1947, amended 1951,1965, 1974, 1983, 1986, 1993, 1995, 1997.

12 CSR 10-23.305 No-Fee Transactions

PURPOSE: This rule establishes when thedepartment may issue, on a no-fee basis, anyreplacement certificate of title, license plateor tab.

(1) When the department�s records indicate acertificate of title, license plate or tab wasmailed to any applicant and the applicantcontacts the department stating s/he did notreceive the item in the mail, the departmentwill issue a duplicate certificate of title,license plate or tab at no fee provided theapplicant submits an application and a nota-rized affidavit to the department. This rulewill apply if a certificate of title, license plate

30 CODE OF STATE REGULATIONS (11/30/03) MATT BLUNTSecretary of State

12 CSR 10-23�DEPARTMENT OF REVENUE Division 10�Director of Revenue