Rules of Department of Revenue - Missouri Secretary of State · 2017-11-20 · 12 CSR 10-23.070 Regulation of Dealer License Plates PURPOSE: The director of the Department of Revenue

CODE OF STATE REGULATIONS 1Rebecca McDowell Cook (8/31//99)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12 CSR 10-23.010 Dealer Plate Allocation (Rescinded July 14, 1982).......................................5

12 CSR 10-23.020 Dealer Registration (Rescinded April 29, 1991) ..........................................5

12 CSR 10-23.030 Bona Fide Established Place of Business (Rescinded April 29, 1991) ...............5

12 CSR 10-23.040 Cancellation of Dealer Registration (Rescinded June 11, 1983)........................5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

12 CSR 10-23.070 Regulation of Dealer License Plates.........................................................8

12 CSR 10-23.100 Personalized License Plates ...................................................................8

12 CSR 10-23.110 Hearing Held Pursuant to Section 301.257, RSMo(Rescinded April 29, 1991) ................................................................13

12 CSR 10-23.120 Business Records of Manufacturers, Dealers and Boat Dealers(Rescinded December 3, 1992) ............................................................13

12 CSR 10-23.130 Legal Name on Title Application ..........................................................13

12 CSR 10-23.140 Motor Vehicle Title Services ................................................................13

12 CSR 10-23.150 Administrative Hearing Held Pursuant to Section 301.119, RSMo .................19

12 CSR 10-23.160 Good Moral Character of Motor Vehicle Dealers, Manufacturers,Boat Dealers, Salvage Dealers and Title Service Agents ..............................19

12 CSR 10-23.170 Registration of Corporation Motor Vehicles/Emission SystemInspection Areas..............................................................................20

12 CSR 10-23.180 Replacement Vehicle Identification Plates ................................................20

12 CSR 10-23.185 Obscene License Plates ......................................................................20

12 CSR 10-23.190 Temporary Permits Sold by a Registered Missouri MotorVehicle Dealer ................................................................................23

12 CSR 10-23.200 Nonnegotiable Certificate of Title to a Motor Vehicle or Trailer (Rescinded September 9, 1993) ...........................................................23

2 CODE OF STATE REGULATIONS (8/31/99) Rebecca McDowell CookSecretary of State

12 CSR 10-23.210 Congressional Medal of Honor License Plates...........................................23

12 CSR 10-23.220 Motor Vehicle Fee and Tax Refund Requests ............................................24

12 CSR 10-23.230 Legal Sale of Motor Vehicle or Trailer....................................................24

12 CSR 10-23.240 Recording of Mileage on an Application for Certificate of Title(Rescinded July 8, 1991) ...................................................................24

12 CSR 10-23.250 Registration and Classification of Commercial Motor Vehicles.......................24

12 CSR 10-23.255 Replacement Vehicle Identification Number Tabs—DR and DRX Numbers........25

12 CSR 10-23.260 Inspection of Foreign Motor Vehicles Prior to Titling..................................27

12 CSR 10-23.265 Affidavit of Non-interest .....................................................................30

12 CSR 10-23.270 Watercraft Identification Plates .............................................................34

12 CSR 10-23.275 Recognition of Nonresident Disabled Person Windshield Placards ..................34

12 CSR 10-23.280 Replacement of Multiyear License Plates.................................................34

12 CSR 10-23.285 Titling of Motor Vehicles Sold Without Safety Inspections ............................35

12 CSR 10-23.290 Use of License Plates After Name Change...............................................35

12 CSR 10-23.295 Witnessing Proof of Payment for Federal Heavy Vehicle UseTax or That the Tax is Not Owing ........................................................36

12 CSR 10-23.300 Marking and Use of Local Commercial Motor Vehicle License Plates .............37

12 CSR 10-23.305 No-Fee Transactions ..........................................................................37

12 CSR 10-23.310 Issuance of Special Fuel Decals ............................................................37

12 CSR 10-23.315 Motorized Bicycles............................................................................38

12 CSR 10-23.320 Assessment of Motor Vehicle and Trailer License Plate Transfer Fee ..............38

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 .............................................................................38

12 CSR 10-23.330 Registration of Motorcycles and Motortricycles..........................................39

12 CSR 10-23.335 Issuance of Title to a Surviving Spouse orUnmarried Minor Children of a Decedent...............................................39

12 CSR 10-23.340 Imposition and Waiver of Motor Vehicle and TrailerTitling and Registration Penalties..........................................................39

12 CSR 10-23.345 Definition of Major Component Parts of a Motor Vehicle.............................40

CODE OF STATE REGULATIONS 3Rebecca McDowell Cook (8/31//99)Secretary of State

12 CSR 10-23.350 Honorary Consular License Plates .........................................................42

12 CSR 10-23.355 Junking Certificates for Motor Vehicles...................................................43

12 CSR 10-23.365 Issuance of Nonresident Salvage-Buyer’s Identification Card .........................43

12 CSR 10-23.370 Issuance of Certificates of Title to RecreationalVehicles Manufactured by Two Separate Manufacturers...............................46

12 CSR 10-23.375 Fire Department License Plates ............................................................46

12 CSR 10-23.380 Motor Vehicle Shows or Tent Sales (Rescinded April 29, 1991) .....................46

12 CSR 10-23.385 Verification of the Vehicle Identification Number and Odometer Reading ofMotor Vehicles Previously Titled in Another State.....................................47

12 CSR 10-23.390 License Plates for Disabled Veterans ......................................................47

12 CSR 10-23.395 Regulation of Boat Dealer’s Certificate of Number and Plates .......................48

12 CSR 10-23.400 Transfer of License Plates ...................................................................48

12 CSR 10-23.405 Emblem Use Authorization Statement and Format forCollegiate License Plates ...................................................................49

12 CSR 10-23.410 Certificate of Registration to Documented Vessels(Rescinded February 25, 1996) ............................................................49

12 CSR 10-23.415 Sample License Plates........................................................................49

12 CSR 10-23.420 Secure Power of Attorney Requirements ..................................................50

12 CSR 10-23.422 Issuance of Purple Heart License Plates ..................................................52

12 CSR 10-23.424 Leasing Company Registration .............................................................52

12 CSR 10-23.426 Special Identification Numbers .............................................................55

12 CSR 10-23.428 All-Terrain Vehicles Modified for Highway Use.........................................58

12 CSR 10-23.430 Registration of a Motor Vehicle or Trailer When the Out-Of-StateLienholder Refuses to Release the Title..................................................58

12 CSR 10-23.432 Registration of a Motor Vehicle or Trailer Subject to aLease With a Right to Purchase Clause ..................................................58

12 CSR 10-23.434 Use of a Reassignment of Ownership by Registered Dealer Form ...................59

12 CSR 10-23.436 Application For Title .........................................................................62

12 CSR 10-23.440 Replacement License Tabs...................................................................65


12 CSR 10-23.442 Outboard Motor ...............................................................................65

12 CSR 10-23.444 Historic Vehicle License .....................................................................65

Title 12—DEPARTMENT OFREVENUE

Division 10—Director of RevenueChapter 23—Motor Vehicle

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

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

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

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

12 CSR 10-23.050 Dealers’ MonthlyReports

PURPOSE: The director of theDepartment of Revenue is charged withthe responsibility of receiving dealers’monthly sales reports and securingpower of attorney forms. This ruleestablishes time limits and guidelinesconcerning the submission of thosereports.

(1) Every motor vehicle and boat dealer shallfile a monthly sales report on a form pre-scribed by the director of revenue in accor-dance with section 301.280, RSMo. Thisreport shall be completed in full and actuallyreceived by the Department of Revenue on orbefore the fifteenth day of the month follow-ing the month for which the sales are beingreported. (Example: Sales occurring duringthe month of July must be filed on or beforeAugust 15.)

(A) If any due date for filing the reportfalls on a Saturday, Sunday or legal holiday inthis state, the report shall be considered time-ly if it is filed on the next day which is not aSaturday, Sunday or legal holiday.

(B) If any monthly sales report required tobe filed on or before a prescribed date isdelivered after that date by United Statesmail, postage prepaid and addressed to theDepartment of Revenue, the date of theUnited States postmark stamped on the enve-lope shall be deemed to be the date of filing.Official United States postmarks will sufficeas proof of mailing. Reports may also be sub-mitted by certified mail, registered mail orthe dealer may obtain a validated certificate

of mailing or receipt from the United StatesPost Office to establish date of mailing.

(2) If no sales occur in any given month, areport must be submitted for that month indi-cating no sales.

(3) No motor vehicle or boat dealer, his/heragent or representative shall willfully orknowingly make a false statement in anymonthly sales report required by section301.280, RSMo and this rule; nor shall s/he,his/her agent or representative omit anyinformation requested or fail to report anysale made by the dealership.

(4) Every motor vehicle and boat dealer shallretain copies of the sales reports submitted tothe Department of Revenue as part of therecords to be maintained at the dealershiplocation as provided in section 301.560.1.,RSMo and shall hold them available forinspection by appropriate law enforcementofficials, officials of the Department ofRevenue and the Motor Vehicle Commission.

(5) Every motor vehicle dealer shall submitthe original secure power of attorney form(see 12 CSR 10-23.420) in which the dealeris listed as purchaser and a copy of the cor-responding certificate of title with the deal-er’s monthly sales reports as provided in 12CSR 10-23.420. Secure power of attorneyforms and copies of the corresponding titlesreceived by a dealer in a particular monthshould be submitted with the sales reportcompleted for that month.

AUTHORITY: sections 32.057, RSMo(1986) and 301.280 and 301.560.1.,RSMo (Cum. Supp. 1990).* Originalrule filed April 14, 1980, effective Sept.12, 1980. Amended: Filed March 26,1982, effective July 12, 1982.Amended: Filed Sept. 3, 1985, effectiveJan. 26, 1986. Amended: Filed May27, 1986, effective Aug. 25, 1986.Amended: Filed March 25, 1991, effec-tive Aug. 30, 1991.

*Original authority 32.057, RSMo (1979), amend-ed 1980, 1983; 301.280, RSMo (1939), amended1974, 1983, 1984, 1986, 1988, 1990; and301.560.1., RSMo (1988), amended 1989.

Burtrum Brothers Motor Co., Inc. v.Director of Revenue, Case No. RV-86-0650 (A.H.C. 11/10/87). TheAdministrative Hearing Commissionupheld the Department of Revenue’sdetermination that petitioner failed tomake the requisite number of sales. TheAdministrative Hearing Commission

found that the ‘’sales’’ reported by peti-tioner were sham transactions in thatthe buyer never took possession of thevehicles, titles remained in the petition-er’s possession and the titles were notassigned to the alleged purchaser.Furthermore, the commission rejectedthe argument that respondent’s onlyremedy when insufficient sales aremade is to refuse to renew registrationfor the following year. TheAdministrative Hearing Commissionheld that the Department of Revenuemay revoke a registration for petition-er’s attempt to conceal its ineligibilityby reporting sham transactions.

CODE OF STATE REGULATIONS 5Rebecca McDowell Cook (1/26/96)Secretary of State

Chapter 23—Motor Vehicle 12 CSR 10-23

12 CSR 10-23.070 Regulation of DealerLicense Plates

PURPOSE: The director of theDepartment of Revenue is charged withthe responsibility of regulating thelicense plates issued to dealers. Thisrule establishes safeguards to preventunauthorized 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, deal-er plates may be displayed only on a motorvehicle 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 and 301.253, RSMo (1986).*Original rule filed April 14, 1980,effective Sept. 12, 1980. Amended:Filed March 26, 1982, effective July12, 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), amended 1984, 1985,1986; 301.253, RSMo (1981), amended 1985,1986.

12 CSR 10-23.100 Personalized LicensePlates

PURPOSE: This rule establishes cate-gories of specialized personalizedlicense plates as well as the procedurefor application for and issuance of thepersonalized license plates.

(1) Personalized license plates, including col-legiate license plates, are Missouri licenseplates containing letters or numbers or com-binations of letters and numbers which areissued to an applicant requesting a particularand specialized arrangement of letters, num-bers or combinations of letters and numbers.The combination of letters and/or numbersmay include one apostrophe (’) or one dash(—).

(2) The letters or numbers or combinations ofletters and numbers on personalized licenseplates shall not exceed six (6) characters inlength, in addition to a dash or an apostro-phe; except that motorcycle, motortricycle,Purple Heart, collegiate and disabled per-sons’ personalized license plates shall be lim-ited to five (5) characters in length. If theapplicant chooses to include a dash (—) or anapostrophe (’) in the letters or numbers orcombination of letters and numbers on aPurple Heart, collegiate or disabled personpersonalized plate, then the character lengthshall be restricted to four (4).

(3) Collegiate license plates may be issued toany motor vehicle subject to the registrationfees according to horsepower, as provided insection 301.055, RSMo, or to beyond localproperty-carrying commercial motor vehicleslicensed for a gross weight not to exceedtwelve thousand pounds (12,000 lbs.), as pro-vided in section 301.057, RSMo. Other per-sonalized license plates may be issued to anymotor vehicle, other than a commercialmotor vehicle licensed for more than twelvethousand pounds (12,000 lbs.), in any one (1)of the following categories:

(A) Motorcycles and Motortricycles—regu-lar plate, disabled veteran plate and disabledperson plate, former Prisoner of War (POW)plate, historic plate, national guard plate andfire department plate;

(B) Recreational Motor Vehicles—regularplate, disabled person plate, national guardplate, Purple Heart plate and fire departmentplate;

(C) All Other Motor Vehicles Other ThanCommercial Motor Vehicles—regular plate,disabled person plate, disabled veteran plate,street rod plate, former POW plate, historicplate, national guard plate, Pearl Harbor sur-vivor, military reserve, Purple Heart plateand fire department plate;

(D) Commercial Motor Vehicles Licensedfor Twelve Thousand Pounds (12,000 lbs.) orLess—local plate, beyond local plate, dis-abled veteran plate, disabled person plate,street rod plate, former POW plate, nationalguard plate, Purple Heart plate and firedepartment plate;


12 CSR 10-23—REVENUE Division 10—Director of Revenue

(E) Commercial Motor Vehicles Licensedfor Beyond Local Twelve Thousand Pounds(12,000 lbs.)—Pearl Harbor survivor andmilitary reserve plate;

(F) Shuttle Bus—regular plate;(G) Van Pool—regular plate; and(H) Historic—regular plate.

(4) The decision of the director of revenue asto whether a motor vehicle is a commercialmotor vehicle licensed for more than twelvethousand pounds (12,000 lbs.) for the pur-pose of registration shall be final and conclu-sive.

(5) No personalized license plate, includingcollegiate license plates, will be issued whichwill conflict with any license number used orto be used in the regular license plate num-bering system. Example: No personalizedlicense plate containing numbers only will beissued with more than four (4) characters andno personalized license plate will be issuedcontaining one (1) letter followed by morethan three (3) numbers and no plates will beissued containing a number immediately pre-ceded by the letter D as the first character inthe combination.

(6) 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.

(7) No refunds will be made on the unusedportion of any license plates surrendered forpersonalized license plates, including colle-giate license plates.

(8) Personalized license plates, including col-legiate license plates, are not assigned to aparticular vehicle until the plates are actuallyissued to the owner of that vehicle by theDepartment of Revenue.

(9) Personalized license plates, including col-legiate license plates, shall not be transferredfrom one (1) owner to another, except that theholder of a personalized plate may follow theprocedures established by the director inorder to display his/her personalized plate ona vehicle leased by the holder after approvalby the director; and they shall not be trans-ferred from one (1) vehicle category to anoth-er. This includes any request for transfer bygift, trust, will or judicial proceeding.

(10) The director of revenue shall reserve theright to approve or disapprove any request forpersonalized license plates, including colle-giate license plates, or the transfer of licenseplates from one (1) vehicle to another in thesame category.

(11) The director of revenue may reject andreturn any original application or reapplica-tion (renewal) which is incomplete.

(12) The month of expiration on all personal-ized license plates will be July of each year,except for motorcycles, motortricycles, spe-cial personalized license plates issued tomembers of the United States Congress,Missouri State Senate, Missouri House ofRepresentatives and the following statewideelected officials: governor, lieutenant gover-nor, secretary of state, state auditor, statetreasurer and attorney general in accordancewith section 301.144, RSMo and collegiatelicense plates.

(13) The month of expiration on all personal-ized license plates for motorcycles and motor-tricycles will be April of each year. Specialpersonalized license plates issued to theUnited States Congress, Missouri StateSenate, Missouri House of Representativesand the following statewide elected officials:governor, lieutenant governor, secretary ofstate, state auditor, state treasurer and attor-ney general, which are issued in accordancewith section 301.144, RSMo will expire inJanuary of each year. The month of expira-tion on all collegiate license plates will beOctober of each year.

(14) Any person desiring to obtain personal-ized license plates, including collegiatelicense 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. Application forms will beavailable to the public at all branch offices,fee agent offices and Jefferson City offices ofthe department.

(15) Each application for personalized licenseplates, including collegiate license plates,shall be submitted to the Department ofRevenue, P.O. Box 100, Jefferson City, MO65105. Each application shall be accompa-nied by a personalized license plate fee of fif-teen dollars ($15), a current emblem-useauthorization statement in the case of colle-giate license plates and shall contain the fol-lowing:

(A) The name and address of the applicant;(B) The type of motor vehicle for which

the personalized plates are requested;(C) The letters, numbers or combination of

letters and numbers desired; and(D) The location of the Department of

Revenue branch office or fee office at whichthe applicant wishes to pick up personalizedlicense plates or, when applicable, exchangeregular plates for personalized license plates.

(16) An applicant may receive his/her per-sonalized license plates, including collegiatelicense 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.

(17) Upon approval of an application for per-sonalized license plates, including collegiatelicense plates, the Department of Revenuewill contact the applicant with instructions asto the date and location at which the person-alized plates may be obtained and the out-standing plates exchanged.

(18) An applicant may request that personal-ized license plates, including collegiatelicense plates, be issued to any particularmotor vehicle which s/he owns, other than acommercial vehicle licensed for more thantwelve thousand pounds (12,000 lbs.), pro-vided that the vehicle is of a category forwhich the personalized plates were manufac-tured.

(19) Once an owner obtains personalizedlicense plates, including collegiate 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 fee of fifteen dollars ($15) and any specialplate fee required by law, in addition to theregular registration fees and for collegiatelicense plates, submits a new emblem-useauthorization statement.

(20) Personalized license plates, includingcollegiate 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.

(21) Original applications, except for motor-cycle, motortricycle, collegiate license platesand special personalized license plates issuedto members of the United States Congress,Missouri State Senate, Missouri House ofRepresentatives and for the followingstatewide 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 March 1 of any calendar yearshall be treated as applications for personal-ized license plates with an expiration monthof the coming July. Original applicationsexcept for motorcycle, motortricycle, colle-giate license plates and special personalizedlicense plates issued to members of theUnited States Congress, Missouri State



Senate, Missouri House of Representativesand the following statewide elected officials:governor, lieutenant governor, secretary ofstate, state auditor, state treasurer, and attor-ney general, in accordance with section301.144, RSMo, filed after the last day ofFebruary of any calendar year will be treatedas applications for personalized license platesto be issued in the coming July with an expi-ration month of the succeeding July.

(A) Example One: Original applicationfiled on February 29, 1984, will result in per-sonalized license plates which expire in Julyof 1984.

(B) Example Two: Original applicationfiled on March 1, 1984, will result in per-sonalized license plates issued in July of 1984with an expiration month of July 1985.

(22) Original applications for personalizedlicense plates for motorcycles and motortricy-cles filed prior to January 1 of any calendaryear shall be treated as applications for per-sonalized license plates with an expirationmonth of the coming April. Original applica-tions for personalized license plates formotorcycles and motortricycles filed afterDecember 31 of any calendar year will betreated as applications for personalizedlicense plates to be issued in the comingApril with an expiration month of the nextsucceeding April.

(A) Example One: Original applicationfiled on December 31, 1983, will result inpersonalized license plates which expires inApril of 1984.

(B) Example Two: Original applicationfiled on January 1, 1984, will result in per-sonalized license plates issued in April of1984 with an expiration month of April 1985.

(23) Original applications for special person-alized license plates issued to members of theUnited States Congress, Missouri StateSenate, Missouri House of Representativesand for the following statewide elected offi-cials: governor, lieutenant governor, secretaryof state, state auditor, state treasurer andattorney general, in accordance with section301.144, RSMo, filed prior to October 1 ofany calendar year shall be treated as applica-tions for special personalized license plateswith an expiration month of the comingJanuary. Original applications for special per-sonalized license plates issued to members ofthe United States Congress, Missouri StateSenate, Missouri House of Representativesand for the following statewide elected offi-cials: governor, lieutenant governor, secretaryof state, state auditor, state treasurer andattorney general, in accordance with section301.144, RSMo, filed after the last day of

September of any calendar year will be treat-ed as application for special personalizedlicense plates to be issued in the comingJanuary with an expiration month of the nextsucceeding January.

(A) Example One: Original applicationsfiled on September 30, 1989, will result inspecial personalized license plates whichexpire in January 1990.

(B) Example Two: Original applicationsfiled on October 1, 1989, will result in spe-cial personalized license plates issued inJanuary of 1990 with an expiration of January1991.

(24) Original applications for collegiatelicense plates filed prior to July 1 of any cal-endar year shall be treated as applications forcollegiate license plates with an expirationmonth of the upcoming October, with theexception of plates issued during the first yearof issuance (1990). In this case, applicationsfiled prior to July 1, 1991, will result in theissuance of collegiate license plates expiringin October 1991. Original applications filedafter the last day of June of any calendar yearwill be treated as applications for collegiatelicense plates to be issued in the upcomingOctober with an expiration month of the nextsucceeding October.

(A) Example One: Original applicationfiled between June 30, 1990 and June 30,1991, will result in the issuance of collegiatelicense plates which expire in October of1991 since the application was filed duringthe first year of issuance.

(B) Example Two: Original applicationfiled on or after July 1, 1991, will result incollegiate license plates issued in October of1991 which expire in October of 1992.

(25) Reapplications (renewals) for personal-ized license plates, except for motorcycles,motortricycles, collegiate license plates andspecial personalized license plates issued tomembers of the United States Congress,Missouri State Senate, Missouri House ofRepresentatives and the following statewideelected officials: governor, lieutenant gover-nor, secretary of state, state auditor, statetreasurer and attorney general, in accordancewith section 301.144, RSMo, shall be filedwith the Department of Revenue prior to thelast day of July each year.

(26) Reapplications (renewals) for personal-ized license plates for motorcycles and motor-tricycles shall be filed with the Department ofRevenue prior to the last day of April eachyear.

(27) Reapplications (renewals) for specialpersonalized license plates issued to members

of the United States Congress, Missouri StateSenate, Missouri House of Representativesand the following statewide elected officials:governor, lieutenant governor, secretary ofstate, state auditor, state treasurer and attor-ney general, in accordance with section301.144, RSMo, shall be filed with theDepartment of Revenue prior to the last dayof January each year.

(28) Reapplications (renewals) for collegiatelicense plates shall be filed with theDepartment of Revenue prior to the last dayof October each year.

(29) The director of revenue may recall anypersonalized license plates, including colle-giate license plates, erroneously issued underthis rule.

(30) Applicants for any personalized licenseplates, including collegiate license plates,shall be required to comply with all Missourilaws and regulations relating to the titling andregistration of motor vehicles.

AUTHORITY: sections 301.144,301.449 and 301.451, RSMo (1994).*Original rule filed Aug. 14, 1978,effective Nov. 13, 1978. Amended:Filed April 11, 1979, effective July 11,1979. Emergency amendment filed Oct.30, 1979, effective Nov. 9, 1979,expired Feb. 18, 1980. Amended: FiledOct. 30, 1979, effective Feb. 11, 1980.Emergency amendment filed March 9,1982, effective March 19, 1982,expired July 16, 1982. Amended: FiledMay 20, 1982, effective Sept. 13, 1982.Amended: Filed Feb. 24, 1984, effectiveJune 11, 1984. Amended: Filed Nov.18, 1986, effective March 12, 1987.Amended: Filed July 17, 1989, effectiveOct. 27, 1989. Amended: Filed Oct.30, 1989, effective March 26, 1990.Emergency amendment filed Sept. 16,1991, effective Sept. 26, 1991, expiredJan. 23, 1992. Amended: Filed Sept.16, 1991, effective Jan. 13, 1992.Amended: Filed Sept. 1, 1995, effectiveFeb. 25, 1996.

*Original authority 301.144, RSMo (1977),amended 1979, 1983, 1984, 1989, 1993; 301.449,RSMo (1989); and 301.451, RSMo (1991), amend-ed 1993.



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

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

William R. Newmann, d/b/aGoodfellow Auto Sales & Salvage, Inc.v. Director of Revenue, Case No. RV-86-0286 (A.H.C. 8/30/88). TheAdministrative Hearing Commissionfound that petitioner failed to maintaincomplete records and files on motorvehicles and motor vehicle partsacquired for resale in the businessoffice at the registered location duringnormal business hours and that suspen-sion of its auto salvage dealer’s licensewas proper.

12 CSR 10-23.130 Legal Name on TitleApplication

PURPOSE: This rule sets forth therequirement of using the full legal namewhen making application for a motorvehicle or trailer certificate 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, effective May 11, 1984.

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

12 CSR 10-23.140 Motor Vehicle TitleServices

PURPOSE: This rule establishes therequirements that must be met for reg-istration as a title service agent.

(1) Motor vehicle title service agents regis-tering pursuant to section 301.114.2., RSMo

shall 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 foreach 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 of regis-tration, 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 theDepartment of Revenue for approval of morelimited hours of operation than those requiredin this section and may operate during thehours upon written approval by theDepartment of Revenue.

(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, effective Jan. 12, 1985.

*Original authority 1984.



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

PURPOSE: This rule establishes theprocedures that will be utilized by thedirector and title service agents forcompliance with section 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 ofChapter 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, effective Jan. 12, 1985.


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

PURPOSE: The director of theDepartment of Revenue is charged withthe responsibility of determining thatapplicants for registration as motor

vehicle dealers, salvage dealers andtitle service agents are of good moralcharacter. This rule establishes theguidelines which will be used to deter-mine if the applicant is eligible for reg-istration.

(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 LicensingDivision, P.O. Box 629, Jefferson City, MO65105.

AUTHORITY: sections 301.114,301.221 and 301.251, RSMo (1986).*Original rule filed Oct. 15, 1984,



effective Feb. 11, 1985. Amended:Filed June 4, 1986, effective Aug. 25,1986.

*Original authority 301.114, RSMo (1984);301.221, RSMo (1979), amended 1986; and301.251, RSMo (1981), amended 1984, 1985,1986.

12 CSR 10-23.170 Registration ofCorporation Motor Vehicles/EmissionSystem Inspection Areas

PURPOSE: The director of theDepartment of Revenue is charged withthe responsibility to determine thatevery application for registration of amotor vehicle contains all the informa-tion required by law. It is required incertain areas of the state, as part of theannual motor vehicle inspection certifi-cate required for registration, thatmotor vehicles be tested to determinethat the emission system is functioningwithin specified standards. Certain cor-porations based within the emissionsystem inspection areas operate motorvehicles which are situated outside ofthe emission system inspection areas.This rule provides that the emission sys-tem inspection requirement does notapply to corporate motor vehiclesbased and operated exclusively outsideof emission 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).* Original rule 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,RSMo (1983), amended 1984, 1988.

12 CSR 10-23.180 Replacement VehicleIdentification Plates

PURPOSE: This rule clarifies theissuance of replacement vehicle identi-fication number plates stamped with theoriginal vehicle identification numberassigned by the manufacturer of themotor vehicle or trailer by theDepartment of Revenue.

(1) Upon certified application, theDepartment of Revenue may authorize theissuance of one (1) metal replacement vehicleidentification number (VIN) plate with theoriginal VIN stamped on the plate. The platewill be designed by the department in orderto distinguish the replacement plate from theoriginal plate. Before the issuance of anyreplacement plate, a physical inspection ofthe vehicle to determine the true and com-plete VIN must be made by an officer of alaw enforcement agency approved by theDepartment 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, effective Nov. 28, 1985.

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

12 CSR 10-23.185 Obscene License Plates

PURPOSE: This rule establishes theguidelines for issuing personalizedmotor vehicle license 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, theDepartment of Revenue will use the standardsin section (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.United 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



(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(Cum. Supp. 1991).* Original rulefiled Jan. 6, 1986, effective April 11,1986. Emergency amendment filed Jan.2, 1992, effective Jan. 12, 1992,expired May 10, 1992. Amended: FiledJan. 2, 1992, effective May 14, 1992.

*Original authority 1977, amended 1979, 1983,1984, 1989.



12 CSR 10-23.190 Temporary Permits Soldby a Registered Missouri Motor VehicleDealer

PURPOSE: This rule clarifies the saleby registered Missouri motor vehicledealers of temporary permits to operatemotor vehicles and trailers on thestreets and highways of Missouri.

(1) A registered dealer may provide no morethan one (1) two (2)-piece set of temporarypermits per motor vehicle or trailer sold byhis/her dealership. The temporary permitsshall be effective for the number of days pro-vided by law and shall be nonrenewable. Nodealer shall sell a permit for use on anymotor vehicle or trailer other than a motorvehicle or trailer sold by the dealer or his/herauthorized employees at the dealer’s own cer-tified place of business except that a fran-chised motor vehicle dealer may issue a tem-porary permit for use on a motor vehicle thedealer delivers to a purchaser pursuant to acourtesy delivery arrangement made withanother franchised dealer or manufacturer.

(2) The sale of all temporary permits, exceptthose permits issued pursuant to a courtesydelivery arrangement, shall be recorded inthe appropriate space on the dealer’s month-ly sales report by notation of the true, accu-rate and complete permit number next to thecorresponding motor vehicle or trailer salelisted.

(3) A registered dealer may charge no morethan the fee prescribed by law for each set oftemporary permits as specified in section301.140.4., RSMo.

(4) Upon each sale of a set of temporary per-mits, each dealer shall fully complete allinformation on the temporary permits inaccordance with Department of Revenueinstructions and complete all appropriaterecords of issuance found within the bookletof permits. If the permit is issued pursuant toa courtesy delivery arrangement, the dealerissuing the permit must record the wordscourtesy delivery on the corresponding per-mit and on the permit record within the per-mit booklet. The information listed shall betrue, accurate and complete. Temporary per-mits that are spoiled shall be marked void andkept as a part of the dealership’s records. Therecords shall be maintained in booklet formfor a period of at least three (3) years forinspection by law enforcement or Departmentof Revenue officials.

(5) The Department of Revenue shall use rea-sonable diligence to ascertain whether the

number of temporary permits requested byany dealer is reasonably proportionate to thenumber of motor vehicle and trailer sales pre-viously reported by the dealer on his/hermonthly sales reports. In cases of discrepan-cy, the department may reduce the number oftemporary permits provided to a dealer orrefuse a request for temporary permits basedupon its findings.

(6) No temporary permits shall be issued foruse on a motor vehicle unless there is a validcertificate of inspection and approval for theparticular motor vehicle in accordance withsection 307.380, RSMo. Dealers shall enterthe true, accurate and complete motor vehicleinspection certificate number on the tempo-rary permit record.

(7) Upon a finding that a dealer has failed tocomply with any of the provisions of thisrule, the department may reduce the numberof temporary permits issued to a dealer orrefuse a dealer’s request for temporary per-mits.

AUTHORITY: sections 301.140 and307.380, RSMo (1986).* Original rulefiled Oct. 1, 1985, effective Dec. 26,1985. Amended: Filed Nov. 13, 1986,effective Feb. 28, 1987. Amended: FiledNov. 17, 1987, effective April 11, 1988.Emergency amendment filed Oct. 26,1990, effective Nov. 5, 1990, expiredMarch 4, 1991. Amended: Filed July 2,1990, effective Dec. 31, 1990.

*Original authority 301.140, RSMo (1939),amended 1947, 1951, 1978, 1979, 1986, 1987 and307.380, RSMo (1967), amended 1981.

12 CSR 10-23.200 NonnegotiableCertificate of Title to a Motor Vehicle orTrailer(Rescinded September 9, 1993)

12 CSR 10-23.210 Congressional Medal ofHonor License Plates

PURPOSE: This rule clarifies proce-dures for issuance of CongressionalMedal of Honor license 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 of

these words shall appear a one (1) or two (2)digit number. The upper left-hand corner ofthe plate will bear a reproduction of theCongressional Medal of Honor in gold. Onthe top of the license plate shall appear thewords MISSOURI 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 obtainCongressional Medal of Honor license platesmust make 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 CongressionalMedal of Honor license plates shall be filedwith the Department of Revenue prior to thelast regular work day of July each year.

(9) Each person qualifying for aCongressional 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, effective May 11, 1986.Amended: Filed Nov. 13, 1986, effec-tive Feb. 28, 1987.




12 CSR 10-23.220 Motor Vehicle Fee andTax Refund Requests

PURPOSE: This rule clarifies when arequest for refund of motor vehicle feesand taxes will be 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 aMissouri certificate of title was more thanninety (90) days prior to or after the date thecasualty loss proceeds were certified to theloss payee;

(C) In any case where the date of sale of anoriginal vehicle, as evidenced on theMissouri certificate of title by a notary seal,dates more than ninety (90) days before orafter the date of purchase of a new replace-ment vehicle. The date of sale of a new vehi-cle shall be evidenced on the Manufacturer’sStatement of Origin by the date the notaryacknowledged the signature of the transferor;

(D) In any case where the date of sale of anoriginal vehicle, as evidenced on theMissouri certificate of title by a notary seal,dates more than ninety (90) days before orafter the date of purchase of a used replace-ment vehicle. The date of purchase of theused replacement vehicle shall be evidencedon the Missouri certificate of title by the datethe notary acknowledged the signature of thetransferor;

(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 the

titling 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, effective June 28, 1986.Amended: Filed Nov. 18, 1986, effec-tive March 12, 1987.

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

12 CSR 10-23.230 Legal Sale of MotorVehicle or Trailer

PURPOSE: This rule clarifies that, asof August 28, 1989, the form of war-ranty prescribed by the director of rev-enue for assignments of title to motorvehicles does not require acknowledg-ment of the transferor’s signature by anotary public. In addition, this ruleclarifies that assignments of title madeon or after August 28, 1989, which donot include a notarial acknowledgmentof the transferor’s signature, are notprocedurally defective.

(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, effective June 28, 1986.Emergency rescission filed Jan. 3,1991, effective Jan. 13, 1991, expiredMay 13, 1991. Rescinded: Filed Jan. 3,1991, effective June 10, 1991.Emergency rule filed Feb. 1, 1991,

effective Feb. 11, 1991, expired June 10,1991. Readopted: Filed Feb. 1, 1991,effective June 10, 1991.

*Original authority 1939, amended 1947, 1984,1991.

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

12 CSR 10-23.250 Registration andClassification of Commercial MotorVehicles

PURPOSE: This rule sets forth therequirements for the registration andclassification of commercial motorvehicles.

(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 and 301.030, RSMo (1986).*Original rule filed March 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), amended 1951,1965, 1974, 1983, 1986.



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

PURPOSE: This rule clarifies theissuance of Department of Revenuevehicle identification number tabs tomotor vehicles and trailers which werenever assigned a vehicle identificationnumber plate by their manufacturer;have had a number destroyed, removed,covered or altered; or were reconstruct-ed with various major component partsof other motor vehicles or trailerswhich have conflicting or different vehi-cle identification number plate num-bers.

(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 atrailer 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 aVehicle Examination Certificate provided bythe department 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,Application 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).

AUTHORITY: sections 301.020 and301.380, RSMo (1986).* Original rulefiled March 21, 1986, effective July 11,1986.

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



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 StateHighway 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 1939, amended 1947, 1965, 1981,1983, 1984, 1985, 1986, 1986, 1987, 1988, 1989, 1990.



12 CSR 10-23.265 Affidavit of Non-interest

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

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) Whenever an assignment of title is erro-neously completed or the sale of the vehicleis not consummated within thirty (30) 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 aMissouri 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. General Affidavit, DOR—768;3. The mutilated certificate of title;4. A notarized affidavit signed by the

seller and the individual (purchaser) to whomthe vehicle was assigned stating the date andreason the sale was not completed;

5. A notarized affidavit from any lien-holder which may have been recorded in theassignment of title; and

6. 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 Form108;

2. The mutilated certificate of title;3. A notarized affidavit signed by a rep-

resentative of the dealership and the individ-ual (purchaser) to whom the vehicle wasassigned stating the date and reason the salewas not completed;

4. A notarized affidavit from any lien-holder which may have been recorded in theassignment 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 thirty (30) days has elapsed from theassignment of title date, the purchaser of thevehicle must make application for title andobtain a certificate of title on the vehicle asrequired by section 301.190, RSMo. If thesale of the vehicle is rescinded within sixty(60) days from the date of vehicle purchase,the purchaser/seller may apply for a refund ofany taxes paid on the acquisition of the vehi-cle.

(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, RSMo Supp.1990 and 301.210, RSMo Supp. 1991.*Original rule filed March 21, 1986, effectiveJuly 26, 1986.

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



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Rules of Department of Revenue - Missouri Secretary of State · 2017-11-20 · 12 CSR 10-23.070 Regulation of Dealer License Plates PURPOSE: The director of the Department of Revenue