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810-5-1-.201. Exemptions
from Privilege or License Tax and Registration Fee at Time of Registration or
Re-registration.
(1) Anyone claiming the exemption from the
privilege or license tax and registration fee levied on automobiles and motor
vehicles by the State of
(2) Anyone not claiming an exemption at time of
registration will not be entitled to a refund of registration fees subsequently
claimed.
(3) Anyone qualifying for an exemption after having registered his or her motor vehicle must wait until his or her next registration period to claim the exemption; provided, if the exemption is a permanent exemption, such as a Prisoner of War exemption under Section 32-6-250, upon surrender of the current license plate, the qualified individual may be issued the requested exemption plate and will not be subject to future payments of fees (but no refund of fees paid for the surrendered plate shall be made).
(4) Anyone entitled to an exemption who qualifies for and elects to receive a distinctive license plate that has an additional fee is not exempt from the payment of the additional fee.
(5) Section 32-6-254 provides a permanent
exemption to surviving spouses for the distinctive license plates authorized
under Section 32-6-250; provided the exemption ends at his or her
remarriage. The exemption is applicable even if the exemption was not
available during the lifetime of the service member, or if the service member
did not choose to exercise the exemption/secure the distinctive license
plate. (Authority: Sections 40-2A-7(a)(5), Code of
810-5-1-.202. Personalized
License Tags - Rejection of Objectionable Language or Symbols.
(1) WHEREAS, the Department of Revenue is
authorized by statute to promulgate rules and regulations relating to the use
and operation of a private passenger or pleasure motor vehicle before the owner
thereof can obtain a personalized license tag, the Department of Revenue shall
determine whether or not to manufacture and issue the license plate as applied
for.
(2) IT IS THEREFORE ORDERED that no license plate
be manufactured and issued which contains objectionable language or symbols
which are considered by the Department of Revenue to be offensive to the peace
and dignity of the State of
810-5-1-.204. Placement
of Motor Vehicle License Tags on Certain Motor Vehicles.
(1) The Commissioner of Revenue is of the opinion
that Act 143 of the 1961 Legislature, now Section 32-6-51 Code of
(2) In order to comply with the legislative
intent of Act 143 which requires the license plates to be conspicuous and
"plainly visible", the Department of Revenue mandates that the
placement of license plates issued for truck tractors as defined in Section
40-12-240, as amended, be displayed on the front of the truck tractors
(excluding motor homes).
(3) Owners or operators of trucks as defined in
Section 40-12-240, as amended, may display the license plate in the front of
the vehicle when:
(a) The license plate is rendered difficult to
read because of the truck bumpers, or truck lift or other permanent
obstruction.
(b) The license plate is subject to being bent,
defaced, mutilated because of the commodity hauled or the use made of the
truck.
(c) The license plate is subject to being covered
with dirt, chemicals, etc., because of vehicle design or use (i.e. dump trucks,
trash or garbage trucks).
(4) The license plate required of all other motor
vehicles shall be placed on the rear of such vehicle as provided by said
Act. (Adopted October 1, 1962, amended July 23, 1982, amended May
30, 1989, amended September 18, 1992) (Authority: §§40-2-11, 40-12-272,
Code of Alabama 1975.)
810-5-1-.205. Temporary
Tags - Authorized Uses.
(1) Act No. 79-817, 1979 Regular Session of the
Alabama Legislature, was enacted for the purpose of providing temporary tags to
purchasers of motor vehicles under certain conditions. The Act also provides
for three distinct and temporary type tags to be used by such issuing agents.
For the Probate Judges, License Commissioners, and Directors of Revenue who are
already designated agents under the Title Law, it is only necessary that they
file an application with this office using their designated agent's number
under the Title Section to become a designated agent to issue temporary tags
primarily to vehicles to be licensed out-of-state. However, if for any
reasonable and valid reason the Judges need to issue more than one temporary
tag to any one individual they are allowed to do so under this Act so long as
the temporary period does not exceed sixty days. All issuing agents will be held
accountable for those tags assigned to them by license number for accounting
purposes. The same applies to tag receipts.
(2) The dealers will be furnished a distinctive
type tag. The dealers are only authorized to issue temporary tags to those persons
who purchase a motor vehicle for titling and registration in another state.
Each such dealer can only issue one temporary tag to the same individual for
the same vehicle. This also applies to manufacturers and dealers in mobile
homes who will have a third distinctive type motor vehicle tag to be issued
only to vehicles which will be licensed out-of-state.
(3) The Act further provides that mobile home
manufacturers and dealers in mobile homes must post a continuing bond in an
amount not less than $5,000.00 or in lieu of such bond such manufacturer or
dealer may file a condensed balance sheet as of a date not more than three
months prior to July 1, of each year evidencing a net worth of not less than
$25,000.00.
(4) The Department of Revenue, Motor Vehicle
Division, will furnish all forms, receipts, and temporary tags to be used by
the issuing agents. The price of each tag is $2.25 as shown on the remittance
advice form and each designated agent, manufacturer, or dealer shall remit to
the Department of Revenue, Motor Vehicle Division, on the remittance advice
form the sum of $1.50 for each temporary tag issued. The balance of fee ($.75)
shall be remitted to the
810-5-1-.206 Military Exemptions and the
(1) Active members of the United
States Armed Forces Reserve, who are residents of
(2) The registration fee exemption shall apply to only one passenger vehicle to include trucks with gross vehicle weights not exceeding 8,000 pounds. Passenger vehicles shall not include self-propelled campers or house cars, motorcycles, trailers, semitrailers, or motor vehicles used in the transportation of persons for hire. Additional distinctive license plates may be acquired after payment of the required registration fees, and taxes. Where an active member of the United States Armed Forces Reserve moves to another county and desires to purchase a U.S. Armed Forces Reserve military license plate, and the registration fee exemption has already been claimed in the prior county, the reserve member shall present the active reserve identification card or Common Access Card, and the most recent copy of his or her Leave and Earnings Statement (LES) to the county license plate issuing official. This documentation aids the license plate issuing official in ensuring that the individual qualifies to purchase the U.S. Armed Forces Reserve military license plate.
(3) The
(4) To claim the exemption, the active reserve member must present, to county license plate issuing official, an active reserve identification card or Common Access Card, and an affidavit signed by the unit commander confirming the reservist/vehicle owner remains in military service and is entitled to the registration fee exemption.
(5) The passenger vehicle for which the United States Armed Forces Reserve distinctive license plate is sought shall be owned by the active reserve member as evidenced by the reservist’s name appearing on the title. The vehicle not be owned by a trust, corporation, LLC, spouse, dependent, etc.
(6) The registration fee exemption for the active reserve member may be applied to a standard passenger license plate or other distinctive license plate categories in addition to the active reserve license plate category. Active reserve members desiring to acquire a distinctive license plate other than the United States Armed Forces Reserve plate must pay the additional fee applicable to the license plate category requested prior to acquiring the distinctive license plate.
(7) United States Armed Forces Reserve license plates are renewed under the staggered registration system. Reservists are to renew in the month assigned by law according to the first letter of the individual reservist’s last name.
(8) When a vehicle owned by an active reserve member is sold, junked, or otherwise disposed of, the active reserve license plate shall be removed from the vehicle, and shall remain with the active reserve member. Should the active reserve member acquire another vehicle, the United States Armed Forces Reserve license plate may be transferred to the other vehicle upon payment of the transfer fee to the county license plate issuing official.
(9) While an
(10) In the event a member of any United States Armed Forces Reserve unit, by virtue of military orders is deployed outside Alabama, and thus unable to personally provide to the county license plate issuing official an active reserve identification card or Common Access Card, and is otherwise entitled to an exemption under Section 40-12-244, Code of Alabama 1975, or other section of Alabama law providing for registration fee exemptions for members of any United States Armed Forces Reserve unit on active military duty, the spouse, dependent or person granted power of attorney to conduct business on behalf of the reservist, may provide proof, as described below, that reservist/vehicle owner is on active duty in military service, and the county license plate issuing official, relying on the proof provided, may authorize the registration fee exemption and issue the requested United States Armed Forces Reserve distinctive license plate, standard license plate, or other distinctive license plate for the reservist.
(11) In the event the reservist is deployed, the proof
document to be presented shall be the most recent copy of the reservist’s
“Leave and Earnings Statement” (LES) or a copy of his/her
mobilization orders, and the reservist’s spouse or dependent’s
military identification card. (Authority: Sections 40-2A-7(a)(5) and 32-6-352, Code
of Alabama 1975) (History: Adopted through APA July 29, 2003,
effective September 2, 2003; Amended: Filed October 28, 2005, effective
December 2, 2005)
810-5-1-.207. Disabled
Veterans - Uses and Transferability of Distinctive Tags.
(1) For the sake of uniformity and standardization,
upon implementation of Act 81-933, of the First Special Session of the Alabama
Legislature, the Revenue Department shall issue the distinctive "disabled
veterans" license plate required by this Act to all disabled veteran
applicants qualified for the issuance of license plates under Code of
Alabama, 1975, as amended, Sections 32-6-130, 40-12-244, and 40-12-254.
(2) This shall be a permanent license plate,
designed in accordance with Act 81-933 of the First Special Session of the 1980
Legislature and this license plate shall be revalidated each year as required
by Act 80-631, 1980 Regular Session of the Alabama Legislature (The Staggered
Registration System) for private passenger motor vehicles.
(3) The disabled veteran's license plates are not
transferable between persons. A disabled veteran who has properly qualified and
has been issued a distinctive "disabled veteran" license plate, upon
selling his vehicle, shall remove the license plate from the vehicle. The
purchaser (transferee) of the vehicle shall purchase a new license plate for
the vehicle, unless specifically exempt from same.
(4) The disabled veteran can deliver his
distinctive disabled veteran license plate to the Probate Judge or other county
official authorized and required by law to issue license plates and have his
distinctive license plates reassigned to his replacement motor
vehicle. (Adopted August 2, 1982) (Authority: §§40-12-272
and 32-6-131)
810-5-1-.208 Military
Exemptions and the National Guard Distinctive License Plates.
(1) Active members of the Alabama National Guard, who are
residents of
(2) Retired members of the Alabama National Guard with twenty
(20) years or more service, who are residents of
(3) The registration fee exemption shall apply to only one personally- owned, private passenger vehicle to include trucks with gross vehicle weights not exceeding 8,000 pounds. Passenger vehicles shall not include self-propelled campers or house cars, motorcycles, trailers, semitrailers, or motor vehicles used in the transportation of persons for hire. Additional distinctive National Guard license plates may be acquired by paying the regular privilege or license tax and registration fee as provided by law. Where an active member of the Alabama National Guard moves to another county and desires to purchase a National Guard military license plate, and the registration fee exemption has already been claimed in the prior county, the guard member shall present the National Guard identification card or Common Access Card, and the most recent copy of his or her Leave and Earnings Statement (LES) to the county license plate issuing official. This documentation will aid the license plate issuing official in ensuring that the individual qualifies to purchase the National Guard military license plate.
(4) The
(5) To claim the exemption, the active National Guard member must present to the county license plate issuing official, a proper identification card and an affidavit signed by the unit commander, confirming that the member/vehicle owner remains in the National Guard or State Guard and is entitled to the registration fee exemption.
(6) A retired member of the Alabama National Guard must present proper identification and a NGB Form 22, or a Notice of Eligibility for Retired Pay at Age 60 as proof of retirement status.
(7) The passenger vehicle for which the National Guard distinctive license plate is sought shall be owned by the member as evidenced by the member’s name appearing on the title. The vehicle shall not be owned by a trust, corporation, LLC, spouse, dependent, etc.
(8) The registration fee exemption for the active and retired National Guard member may only be applied to the distinctive National Guard license plate or National Guard personalized distinctive license plate. Payment of the additional fee must be remitted to the county license plate issuing official before the National Guard personalized distinctive license plate may be issued.
(9) When the vehicle owned by the active or retired member is sold, junked, or otherwise disposed of, the distinctive National Guard license plate shall be removed from the vehicle, and shall remain with the member. Should the member acquire another vehicle, the distinctive National Guard license plate may be transferred to the other vehicle upon payment of the appropriate transfer fee to the county license plate issuing official.
(10) In the event a member of any Alabama National Guard unit, by virtue of military orders, is deployed outside Alabama, and thus is unable to personally provide to the county license plate issuing official the affidavit by his/her unit commander confirming that the member is on active military service and is thus entitled to an exemption under Section 40-12-244, Code of Alabama 1975, or other section of Alabama law providing for motor vehicle registration fee exemptions, the spouse, dependent or person granted power of attorney to conduct the business of the member may provide proof, as described below, that the member/vehicle owner is in active military service, and the county license plate issuing official, relying on the proof provided, may authorize the registration fee exemption and issue the requested National Guard distinctive license plate for the member.
(11) In the event the Guard member is deployed outside
Alabama, the proof document to be presented shall be the most recent copy of
the serviceman’s “Leave and Earnings Statement” (LES) or a
copy of his/her mobilization orders, and the Guard member’s spouse or
dependent’s military identification card. (Authority: Sections
40-2A-7(a)(5) and 32-6-352, Code of Alabama 1975) (History:
Adopted through APA July 29, 2003, effective September 2, 2003; Amended October
28, 2005, effective December 2, 2005)
810-5-1-.209 Helping Schools Distinctive License Plates.
(1) Owners of all
motor vehicles, who are residents of
(2) Owners of private
passenger vehicles, to include pickup trucks of not more than 8,000 pounds
gross vehicle weight, self-propelled campers or house cars, motorcycles or
motor driven cycles may request either a pre-numbered or personalized Helping
Schools distinctive license plate. If a
pre-numbered plate is issued, the registrant shall receive a registration
receipt, license plate, and validation decals at the time of registration.
(3) If a personalized
plate is requested, the registrant shall receive a registration receipt, sixty
(60) day temporary bearing the personalized message, and validation decals at
the time of registration. Once the plate
is manufactured, it will be shipped to the registrant or to the county tag
office, if requested by the issuing official.
(4) Owners of commercial motor vehicles who desire to
display the Helping Schools distinctive license plate shall comply with all
rules and regulations governing commercial vehicles to include numbering
schemes, when applicable.
(5) The Department of Revenue may alter the design of the
Helping Schools distinctive license plate as may be necessary for issuance on
all types of motor vehicles.
(6) Registrants may designate the
school district for which they desire the net proceeds to be distributed. The county tag issuing official shall
distribute the additional fee less the cost of production of the plate to the
designated district. When a registrant
fails to designate a school district or indicates no preference, the funds
shall be distributed to the school district in which the funds were
generated. The net proceeds will be used
to purchase classroom supplies and equipment in grades K-12 of the public
schools in the district.
Authority:
Section 40-2A-7(a)(5), Code of
810-5-1-.210 Extending the Period for Use of Standard
and Distinctive License Plates.
(1) The term “standard license plates” as used in
this rule shall be deemed to include the following license plate categories:
(a) Passenger automobile license plates;
(b) License plates for trucks with gross weights not exceeding
12,000 pounds;
(c) License plates for utility and travel trailers;
(d) License plates for motor homes with gross weights not
exceeding 12,000 pounds.
1. The
term “distinctive license plates” as used in this rule shall be
deemed to include collegiate license plates as authorized under Section
32-6-150 and the various multi-year military and other specialty plates
authorized under Chapter 6 of Title 32 and Chapter 12 of Title 40.
(2) This rule shall not pertain to the
following categories of license plates:
(a) Apportioned
(b) State, county or municipal government (including
motorcycles)
(c) Public Utility Departments
(d) Temporary (including Manufacturer
Temporary)
(e) Volunteer Fire Departments
(f) Federal Government Loaned Vehicles
(g) National Guard (including disability
access)
(h) Purple Heart (including disability access)
(i) Prisoner
of War (including
disability access)
(j) Medal of Honor Recipient (including disability access)
(k) Vintage Vehicle (including motorcycle)
(l) Consular Official
(m) USS
(n) Standard motorcycle
(o) Manufacturer
(p) Dealer (including dealer motorcycle)
(q) Trailer
(r) Ambulance/Hearse
(s) Commercial Bus
(t) Taxi
(u) Rental Trailer
(v) Trucks with gross weights exceeding
12,000 pounds
(w) Farm trucks
(x) Forest products trucks
(y) Motor homes (exceeding 12,000 pounds gvw)
(3) Under the authority of Section 32-6-53, Code of Alabama
1975, and pursuant to the issuance of a proclamation of emergency under
date of February 19, 2004 by Governor Bob Riley, the Commissioner of Revenue
hereby extends the period of use of standard and distinctive license plates for
a two-year period; accordingly, the issuance of the next series of standard
license plates shall be delayed until the period January 1, 2009 through
November 30, 2009, and the current series of standard license plates
(“Stars Fell on Alabama”) shall be extended until the new series is
issued.
(4) Any new distinctive license plate categories created
either by legislative action or through the pre-commitment process as provided
in Chapter 6 of Title 32, on or after January 1, 2004, shall be valid for a
period of five (5) years as provided in Section 32-6-62. Furthermore, any existing distinctive license
plate category which is due to be reissued during the period from January 1,
2005 through December 31, 2007 will be extended for an additional two-year
period.
(5) The extension herein provided refers to the use of the
metal license plate, and does not extend the period for annual reregistration of the vehicle. Vehicle owners shall continue to timely renew
their registrations in their designated renewal month, including payment of ad
valorem taxes, issuance fees, and registration fees, and shall be issued
revalidation decals to be attached
to the license plates.
(6) Anyone acquiring a vehicle subject to registration in
Alabama during the period beginning January 1, 2007 and extending through
December 31, 2008, desiring a standard license plate, shall be issued the
license plate series that was originally issued beginning January 1, 2002 (the
“Stars Fell on Alabama” series).
(7) In the event the license plate
becomes illegible or deteriorates to the condition that law enforcement
could have difficulty reading the license plate or determining the type of
license plate, the owner shall return to his or her license plate issuing
official, and upon surrender of the original license plate and payment of the
appropriate fee, secure a replacement license plate as authorized under Section
40-12-265. (Authority: Sections 40-2A-7(a)(5)
and 32-6-53, Code of Alabama 1975)
(History: Adopted through APA June 18, 2004, effective July 23, 2004)
810-5-1-.210.01 Motor Vehicle Registration Expiration Dates and Registration Periods.
(1) Active members of the Alabama National Guard, who are
residents of
(2) Retired members of the Alabama National Guard with twenty
(20) years or more service, who are residents of
(3) The registration fee exemption shall apply to only one personally- owned, private passenger vehicle to include trucks with gross vehicle weights not exceeding 8,000 pounds. Passenger vehicles shall not include self-propelled campers or house cars, motorcycles, trailers, semitrailers, or motor vehicles used in the transportation of persons for hire. Additional distinctive National Guard license plates may be acquired by paying the regular privilege or license tax and registration fee as provided by law. Where an active member of the Alabama National Guard moves to another county and desires to purchase a National Guard military license plate, and the registration fee exemption has already been claimed in the prior county, the guard member shall present the National Guard identification card or Common Access Card, and the most recent copy of his or her Leave and Earnings Statement (LES) to the county license plate issuing official. This documentation will aid the license plate issuing official in ensuring that the individual qualifies to purchase the National Guard military license plate.
(4) The
(5) To claim the exemption, the active National Guard member must present to the county license plate issuing official, a proper identification card and an affidavit signed by the unit commander, confirming that the member/vehicle owner remains in the National Guard or State Guard and is entitled to the registration fee exemption.
(6) A retired member of the Alabama National Guard must present proper identification and a NGB Form 22, or a Notice of Eligibility for Retired Pay at Age 60 as proof of retirement status.
(7) The passenger vehicle for which the National Guard distinctive license plate is sought shall be owned by the member as evidenced by the member’s name appearing on the title. The vehicle shall not be owned by a trust, corporation, LLC, spouse, dependent, etc.
(8) The registration fee exemption for the active and retired National Guard member may only be applied to the distinctive National Guard license plate or National Guard personalized distinctive license plate. Payment of the additional fee must be remitted to the county license plate issuing official before the National Guard personalized distinctive license plate may be issued.
(9) When the vehicle owned by the active or retired member is sold, junked, or otherwise disposed of, the distinctive National Guard license plate shall be removed from the vehicle, and shall remain with the member. Should the member acquire another vehicle, the distinctive National Guard license plate may be transferred to the other vehicle upon payment of the appropriate transfer fee to the county license plate issuing official.
(10) In the event a member of any Alabama National Guard unit,
by virtue of military orders, is deployed outside Alabama, and thus is unable
to personally provide to the county license plate issuing official the
affidavit by his/her unit commander confirming that the member is on active
military service and is thus entitled to an exemption under Section 40-12-244,
Code of Alabama 1975, or other section of Alabama law providing for motor
vehicle registration fee exemptions, the spouse, dependent or person granted
power of attorney to conduct the business of the member may provide proof, as
described below, that
the member/vehicle owner is in active military service, and the county license
plate issuing official, relying on the proof provided, may authorize the
registration fee exemption and issue the requested National Guard distinctive
license plate for the member.
(11) In the event the Guard member is deployed outside
Alabama, the proof document to be presented shall be the most recent copy of
the serviceman’s “Leave and Earnings Statement” (LES) or a
copy of his/her mobilization orders, and the Guard member’s spouse or
dependent’s military identification card. (Authority: Sections
40-2A-7(a)(5) and 32-6-352, Code of Alabama 1975) (History:
Adopted through APA July 29, 2003, effective September 2, 2003; Amended October
28, 2005, effective December 2, 2005)
810-5-1-.211 Motor Vehicle Registration Delinquency Penalty and Interest Charges.
(1) Penalties for the late
registration of a motor vehicle are codified in Sections 40-12-260(a)(5) and
32-6-65(b), Code of
(2) Act 2004-529, effective August 1, 2004, increases the number of days to register a newly acquired vehicle from ten (10) days to twenty (20) days. The Department of Revenue construes the provisions of Section 40-12-260(a)(4)a., where the Code, after the Act 2004-529 amendment, continues to indicate a 10-day period for vehicle transfers, as being in error, and that registrants, effective August 1, 2004, have 20 days from date of purchase or acquisition to register a newly acquired vehicle without penalty. The Department takes this position based on Alabama court decisions where it was held that the bill’s synopsis indicate the legislative intent, and decisions that have held that if a particular code section contains conflicting information, the later data is to be considered the intent of the Legislature.
(3) The Department of Revenue interprets the 20-day provisions of Act 2004-529 as being effective for any motor vehicle registered August 1, 2004 or thereafter. Therefore, if a motor vehicle is acquired in the month of July 2004, and the 10-day “grace period” to register the vehicle ends in the month of August 2004, license plate issuing officials shall construe the new law as extending the 10-day grace period to 20 days. Example: a new vehicle is acquired on July 26, 2004. The ten-day period to register the vehicle begins on July 27, 2004 and extends into August. Thus, because Act 2004-529 becomes effective on August 1, 2004, the purchaser is given an additional 10 days to register his newly acquired vehicle.
(4) In determining the 20-day penalty
free period, the day the vehicle was actually acquired is not included in the
calculations (see Section 1-1-4, Code of Alabama 1975 and opinion of the
Attorney General to Honorable Walker Hobbie, Judge of
Probate,
(5) In calculating the 20 day penalty
and interest “grace period,” if the 20th day falls on a Saturday,
Sunday, holiday, or any day that the county issuing office is closed, the
vehicle owner may register his or her vehicle the next business day without
penalty and interest charges as per
(6) If someone is issued a current
and valid
(7) If someone is issued a current and valid temporary license plate for his or her newly acquired vehicle in another jurisdiction, penalty and interest shall not be charged when registered while the temporary plate is valid, even if the 20th day occurs before the temporary plate expires. Provided, the temporary plate acquired from another jurisdiction must have been secured within the 20-day “grace period” from date purchased or acquired.
(8) Section 32-6-65(b), in defining the phrase “late registration of a motor vehicle” uses the phrase “date of purchase or acquisition.” There are many ways one may acquire a motor vehicle, including:
(a) Gift,
(b) Prize,
(c) Divorce settlement,
(d) Estate settlement.
(9) It is the responsibility of anyone acquiring a vehicle to prove to the satisfaction of the license plate issuing official the date the vehicle was acquired, if the vehicle was operated with a temporary license plate, and any other factor that would assist the issuing official in determining when the registration fee liability attaches, and if delinquency penalty and interest charges are due.
(10) Situations sometimes occur where the date of purchase is different from the date of acquisition. In cases where the registrant can document to the issuing official that the newly acquired vehicle was not received by the owner until a date subsequent to the purchase date, penalty and interest shall not be charged if the vehicle is registered within 20 days of the acquisition date. Example: Someone acquiring a new truck from a dealership, as part of the purchase contract, requires the dealer to paint the truck and add special equipment, and such changes result in the new owner not taking possession of the truck until several days after the date shown on the title application as the purchase date.
(11) Situations sometimes occur where a purchaser will acquire a motor vehicle, have it delivered by the selling dealership to the purchaser’s location, where it is stored until weeks or months later when the purchaser needs to place the vehicle into service. If the purchaser documents to the license plate issuing official that the vehicle was delivered by the seller and not subsequently operated on the public highways prior to the vehicle being registered, the issuing official shall charge no late registration penalty or interest.
(12) Under provisions of the Alabama Certificate of Title and Antitheft Act, a salvage motor vehicle may be rebuilt and operated on the public highways. In such cases, upon inspection and the issuance of an application for certificate of title for the rebuilt vehicle by the Department of Revenue, the vehicle shall be registered within 20 days of the date shown on the application for certificate of title without penalty or interest charges attaching (unless the registration fee liability does not attach, for example, if the rebuilt vehicle is acquired by and immediately placed into dealer inventory).
(13) There are situations where owners acquire motor vehicles to be used exclusively on private property and not on the “public highway” as that term is defined in Section 40-12-240. In the event the owner needs to operate the vehicle on the public highways, before operating, the owner must first register the vehicle – there is no 20-day grace period in such cases. In the event the vehicle is operated on the public highways without the registration having been acquired before operation, delinquency penalties and interest charges are due when the vehicle is subsequently registered. Provided, the Department does not interpret vehicle operation on the public highways to include a movement directly from one side of a public highway to the opposite side of the highway (for example, to move the vehicle from plant sites directly across the highway from each other).
(14) In the event someone leases a motor vehicle, the lease date is the date of acquisition, and the registration fee liability attaches on the lease date, unless the lessor or lessee can provide evidence that the lessee did not receive control and possession of the vehicle on the lease date.
(15) In the event a licensed motor vehicle dealer moves a vehicle from his/her vehicle sales inventory to be used as daily rental vehicle, the motor vehicle dealer shall certify to the issuing official the date that the vehicle was placed into the rental inventory, or the date that the vehicle was first used as a rental vehicle, whichever date is first, in order for the issuing official to determine if delinquency penalty and interest charges accrue. This same requirement is applicable if the vehicle is removed from dealer inventory for use as a service vehicle, etc.
(16) In the event a manufacturer of motor vehicles elects to sell a motor vehicle to the employee of the manufacturer or direct to a retail customer, the liability for registration fees would begin at the date of purchase or acquisition, with the purchaser having the 20-day grace period to acquire registration.
(17) In accordance with the opinion of the Attorney General issued to the Honorable Larry Prince, Tax Assessor, Franklin County, under date of June 2, 1993, during the 20-day period a newly acquired vehicle may be operated without a current and valid Alabama license plate being displayed on the vehicle, if the owner has not secured a new registration for the vehicle.
(18) In accordance with the provisions of Section 40-12-260(b)(1)(2) and (3), during the 20-day grace period from purchase date or acquisition date, the operator of the newly acquired vehicle must retain with the vehicle the ownership document(s) authorized in these law subsections for possible presentation to law enforcement. Provided, if the person acquiring the vehicle has a current and valid license plate formerly registered to another vehicle he/she previously owned, said license plate may be affixed to newly acquired motor vehicle.
(19) If the newly acquired motor vehicle is a truck or truck tractor with a gross weight exceeding 10,000 pounds, or is a commercial bus, while the registration may be secured without penalty during the 20-day period following the date of purchase or acquisition, operation of the truck, truck tractor or commercial bus on the public highways, without a current and valid license plate may subject the operator to law enforcement sanctions; particularly, if the vehicle is operated outside the State of Alabama.
(20) If the owner of a newly acquired motor vehicle seeks to register the vehicle by transferring the current and valid registration from a vehicle he/she continues to own, in accordance with the provisions of Section 40-12-260, such transfer cannot be made. If, however, the owner can document to the satisfaction of the license plate issuing official that the previously owned vehicle was sold or otherwise disposed of prior to the acquisition of new vehicle, the transfer may be made. Provided, if the owner of the newly acquired vehicle can document to the satisfaction of the license plate issuing official that the previously registered vehicle was junked or destroyed thereby rendering it inoperable, although he or she continues to own the vehicle, prior to the acquisition of the new vehicle, the issuing official may transfer the license plate from said vehicle to the newly acquired vehicle within the 20-day period without registration penalty or interest charges.
(21) In the event an Alabama resident acquires a motor vehicle in another state, and operates the vehicle in that jurisdiction, or outside the State of Alabama, for days, weeks, or months, perhaps using temporary plates from the jurisdiction where vehicle was purchased, the 20-day penalty free period shall begin on the day following the date the vehicle enters the State of Alabama, as the registration fee liability attaches upon vehicle operation upon Alabama public highways.
(22) Generally, any vehicle subject to registration fee or ad valorem tax exemption is not exempt from penalty and interest charges. However, vehicle owners, under laws providing for exemption of “charges of any nature whatsoever” (such as Section 40-9-12) are exempt from penalty and interest charges.
(23) The Department of Revenue interprets the $15 penalty levied under Section 32-6-65(b) for “the failure to register the vehicle within 20 calendar days of the date of purchase or acquisition” as being applicable when the vehicle owner has no current and valid Alabama license plate that can be transferred to the newly acquired vehicle. In the case where the vehicle owner has a current and valid Alabama license plate which was removed from a vehicle that was sold, junked or destroyed, and fails to transfer said license plate to the newly acquired vehicle within 20 days of purchase or acquisition, only the transfer penalty imposed under Section 40-12-260 (a)(5) shall be applicable.
(24) Section 32-6-65(b) provides for a $15 penalty for anyone failing to renew his or her vehicle registration during his or her designated renewal month. In the event a motor vehicle owner has a current and valid Alabama license plate that may be transferred to a newly acquired vehicle, and fails to do so within the 20-day grace period, and also fails to timely renew his or her vehicle registration in the designated renewal month, both the $15 transfer penalty and the $15 penalty authorized under Section 32-6-65 (b) for failure to timely renew shall be applicable.
(25) If the last day of the registrant’s renewal month(s) falls on a Saturday, Sunday, holiday, or other day that the issuing office is closed, the registrant may renew his or her vehicle registration without penalty or interest charges during the next business day.
(26) Some
(27) Section 40-12-10(f) provides that a license-issuing official cannot “fail to collect such penalties when issuing such license.” However, anyone determined to be subject to a registration law penalty may, after paying the penalty, elect to request a hearing with the Department of Revenue’s Administrative Law Division to seek a refund of the penalty charges.
(28) The Department of Revenue interprets the penalty provisions found in Sections 40-12-260 and 32-6-65 as not being applicable when the following registrations are issued:
(a) State, county, municipal
government, Public Utility Department vehicles.
Vehicles owned by volunteer fire department license plates as authorized under
Section 40-12-250.
(b)
(c) Dealer and dealer motorcycle plates and Manufacturer plates (see Section 40-12-264).
(d) Temporary license plates.
(29) Under the provisions of Section 40-12-262, a non-resident moving to the State of Alabama with a current and valid out-of-state registration has 30 days following the date the vehicle enters the state to obtain an Alabama registration. Anyone failing to timely register their vehicle is subject to a registration penalty under Section 32-6-65(b). Note that this 30-day period is based on the vehicle owner having a current and valid out-of-state registration; if not, the vehicle must be registered immediately. Provided, if the vehicle is exempt from registration in its former base jurisdiction, registration for the vehicle must be accomplished within 20 days following the date the vehicle enters the state.
(30) Section 40-12-249(b) provides for a 25% penalty on the difference between fees paid and fees due when someone is cited with operating a vehicle with the incorrect class of license plate. This penalty refers to situations where the registrant’s vehicle is improperly registered with a lower weight license plate category than required, or when the registrant is operating a vehicle with one class license plate when another class license plate is required.
(31) In situations where a vehicle is operated during the renewal month(s) after the previous registration expired with an improper class license plate, the operator can be cited for improper license plate for the previous registration year, with the 25% penalty applicable. Additionally, the registrant would owe registration fees for the proper classification of license plate for the current registration period.
(32) In the event a person acquires a vehicle in a month other than their designated renewal month, and registers it with an improper classification license plate, the 25% penalty shall be based on the difference between the prorated fees for the license plate classification that should have been obtained beginning for the month the vehicle was acquired, and the prorated fees for the license plate classification that was obtained.
(33) Section 40-12-10(d) authorizes the collection of a citation fee when a “Notice to Obtain License Plate” is issued, and requires that the issuing official collect the citation fee “before issuing any license.”
(34) The term “citation” as used in Section 40-12-249(b) refers to the “Notice to Obtain License Plate” as authorized in Section 40-12-10, and does not refer to Uniform Traffic Tickets.
(35) Section 40-12-10(e) requires the license plate issuing official to
collect interest when issuing a delinquent motor vehicle registration.
Interest charges are calculated based on the provisions of Section 40-1-44,
with the Department of Revenue providing notice of interest rate changes to the
license plate issuing officials. (Adopted through APA November 2, 2004,
effective December 7, 2004)(Authority: Sections 40-2A-7(a)(5), 32-6-61,
32-6-65, 40-12-242, 40-12-260 and 40-12-264, Code of Alabama 1975)
810-5-1.215. Vintage
Vehicle License Plates; Issuance of; Use of; Transferring; Other Provisions.
(1) The Department of Revenue considers the
following activities of the owner or operator of a vehicle displaying a Vintage
Vehicle license plate as satisfying the requirements of Section 40-12-290, Code
of Alabama 1975, as to vehicle use; either if
(a) The vehicle is operated on the streets or
highways for the purpose of moving the vehicle to a location for maintenance or
repair, or
(b) The vehicle is operated in "club
activities, exhibitions, tours, parades," and can be driven to these
locations for the purposes of attending these events or activities. For
purposes of Section 40-12-290, the term "club activities" shall refer
to the sponsored activities of Vintage Vehicle owner organizations, such as the
Antique Automobile Club of America, or the Model A Club of America. The term
"exhibitions" shall be deemed to refer to public displays of Vintage
Vehicles and shall include antique car shows within or without this state. The
term "tours" shall be deemed to be an organized trip comprised of
several Vintage Vehicles to a predetermined location(s). The term
"parades" is deemed to be a public procession on a festive or
ceremonial occasion.
(2) The Department of Revenue considers the
following activities by an owner or operator of a vehicle displaying a Vintage
Vehicle license plate to be outside the criteria of legal use and in conflict
with the provisions of Section 40-12-290, et seq., as amended:
(a) The use of the Vintage Vehicle license plate
on a vehicle that is being driven to school, to work, shopping, etc.
(b) The use of a vehicle displaying a Vintage
Vehicle license plate in any type commercial enterprise.
(c) The use of Vintage Vehicle license plate on a
bus (with or without passenger seats), even if privately owned and operated.
Also, Section 40-12-290 does not authorize use on trailers, ambulances, taxis,
or any other type vehicle not specifically identified in this section.
(3) Section 40-12-290(d) contains the following
phrase: "which weighs not more than 26,000 pounds gross weight." The
Vintage Vehicle license plate may be properly used on a truck or truck tractor
having a manufacturers gross weight rating over 26,000 pounds, if the actual
weight of the vehicle does not exceed 26,000 pounds (including driver, and any
passengers). The 26,000-pound limitation is not applicable to fire trucks
registered with Vintage Vehicle license plates.
(4) Under the provisions of Section 40-12-290,
county license plate issuing officials may not issue or transfer antique
license plates after September 30, 1996, and, beginning October 1, 1997, all antique
license plates become invalid. Owners of vehicles to whom antique license
plates were properly issued (or transferred) prior to October 1, 1996, may
continue to operate the vehicles in accordance with Regulation No.
810-5-1-.215.01 during the period October 1, 1996 through September 30, 1997.
(5) Under Section 40-12-290(4), an owner of a
vehicle displaying an antique license plate may, beginning October 1, 1996,
exchange said license plate in favor of the Vintage Vehicle license plate, if
the vehicle is at least 30 years old, and is operated within the provisions of
the Vintage Vehicle law. In that this subsection uses the phrase "without
payment," the county issuing officials shall not charge the authorized
registration fees, ad valorem taxes or issuance fees. The exchange provisions
established by this subsection are not applicable to owners of vehicles who
acquire standard or other distinctive license plates; and such owners acquiring
standard or other distinctive license plates shall not be required to surrender
their antique license plates. The exchange provisions authorized under this
section are valid during the period October 1, 1996 through September 30, 1997;
after that date, antique plates may not be exchanged because credit can not be
given for an invalid license plate. The exchange provisions are not mandatory;
a registrant may elect to retain the antique license plate as a keepsake, and
pay the established fee for a Vintage Vehicle license plate.
(6) An ad valorem tax lien attached on October
1, 1996, to all vehicles previously registered as Antique Vehicles and which do
not qualify to receive Vintage Vehicle license plates. Section 40-12-293, Code
of
(7) October 1 shall be considered as the beginning
of a new model year for vehicles registered as Vintage Vehicles. For example,
on October 1, 1996, a 1967 year model vehicle will qualify for Vintage Vehicle
license plates; on October 1, 1997, a 1968 year model qualifies, etc.
(8) In issuing the Vintage Vehicle license
plates, county issuing officials are to collect the $10.00 registration fee,
the issuance fee, any applicable penalty or interest charges due, and any ad
valorem taxes due. As provided in Section 5 above, anyone exchanging an antique
license plate may be issued the Vintage Vehicle license plate "without
payment."
(9) Anyone seeking to transfer a Vintage Vehicle
registration into his/her name must provide proof of ownership, must certify
that the vehicle continues to qualify as a Vintage Vehicle; and will be used in
accordance with the provisions of the Vintage Vehicle Law (Section 40-12-290 et
seq.), pay the appropriate transfer fee and any casual sales tax due; and, must
request the transfer within the time specified in Section 40-12-260, Code of
Alabama 1975, as amended, or be subject to the transfer penalty.
(10) Vehicles manufactured in the
(11) Applicants will complete an application
(form #MVR 40-12-290), in which the vehicle owner certifies that he/she is the
true owner of the vehicle, the vehicle description is accurate, the
identification number is correct, the vehicle meets the requirements within
Section 40-12-290 to obtain the Vintage Vehicle license plate, and, if
applicable, the owner is exchanging an antique license plate as a credit to
obtain the Vintage Vehicle license plate. Additionally, the person(s) seeking
to register the vehicle may be required to prove ownership by providing such
documents as a bill of sale, a motor vehicle registration in the registrant's
name, or a previously issued insurance policy for the vehicle in the
applicant's name.
(12) Under Section 40-12-290(d), to qualify as a
Vintage Vehicle, the vehicle must have "the original or substantially
similar vehicle body, chassis, engine, and transmission as designated for that
make, model, year, and age vehicle." The Department interprets this language
to require that the vehicle must have either the original parts and engine, or
must have the vehicle or vehicle parts restored to the point that the
vehicle/parts appear to be the original vehicle. The vehicle must not have been
shortened/lengthened/raised/lowered from its original size when manufactured.
Furthermore, this subsection does not authorize the issuance of Vintage Vehicle
license plates to vehicles with mechanical parts and accessories of a later
year model vehicle. For example, a 1928 "Model A" Ford does not have
a high performance engine, mag tires, and advanced
stereo equipment. Also, "replica" or "kit cars," which are
generally fiberglass reproductions of earlier year model vehicles, do not
qualify for Vintage Vehicle license plates.
(13) In the event the Vintage Vehicle license
plate becomes faded or mutilated, or otherwise difficult to read, or is lost or
stolen, the owner shall apply for a replacement Vintage Vehicle license plate,
which shall be issued from the inventory of Vintage Vehicle license plates
maintained by the county issuing officials. The vehicle owner shall pay the
replacement fee provided under Section 40-12-265, Code of
(14) When issuing standard license plates to a
vehicle owner convicted of violating the Vintage Vehicle Law, the issuing
official shall not allow credit for any registration fee paid by the registrant
when obtaining the Vintage Vehicle license plate. Additionally, the issuing
official shall collect registration fees, plus penalty and interest charges,
from the date that the Vintage Vehicle license plate was issued; provided, that
the maximum liability for prior registration fees may not exceed three years.
Officials shall also collect ad valorem taxes as if the vehicle owner had not
previously qualified for an ad valorem exemption upon obtaining the Vintage
Vehicle license plate.
(15) In the event that someone, having obtained
Vintage Vehicle license plates, decides that he/she wants to begin using the
vehicle in the same manner as a vehicle displaying standard license plates, the
owner may, prior to such use, obtain the standard license plates by paying the
appropriate registration fee to their designated renewal month, and display the
standard license plate on the vehicle. In such cases, it will be necessary to
surrender the Vintage Vehicle license plate, provided, the owner shall not
receive a credit against the standard license plate for fees paid for the
Vintage Vehicle license plate. Ad valorem taxes will begin accruing at the time
that the standard license plates are obtained. (Authority: Sections
40-12-290 and 40-12-293 Code of Alabama, 1975) (Effective
March 3, 1997.)
810-5-1-.218. Design
and Transferability of Distinct License Tags Issued to Disabled Veterans.
(1) WHEREAS, Code of Alabama 1975, Section
40-12-244 and Section 40-12-254 provide for free tags to be issued to disabled
veterans, and WHEREAS, Code of Alabama 1975, Section 32-6-130,
provides for a distinctive tag to be issued to disabled veterans who meet the
qualifications set forth under this section for a fee of $5.00, and
(2) WHEREAS, Act No. 81-933 of the First Special
Session of the 1981 Alabama Legislature provides that all disabled veterans'
tags be of a certain distinctive color, the following procedures are hereby
adopted.
(3) Any disabled veteran tag issued under the
provisions of any of the above referred to sections of the Code of Alabama
1975 shall be a distinctive tag manufactured in accordance with the
provisions set forth in Act No. 81-933 which are; the left half of the tag will
be red with the words "Disabled Veteran" printed thereon. The right
half of the tag will be blue with the sequential numeral of the tag printed
thereon, as prescribed by the Department of Revenue. All letters and numerals
shall be white.
(4) Section 32-6-130 provides a distinctive tag
to be issued to disabled veterans who are a resident of this state and who are
suffering a physical disability which requires that any motor vehicle he
operates be equipped with special mechanical control devices or whose physical
disability exceeds 50 percent for a fee of $5.00. Additional distinctive tags
may be purchased by the disabled veteran under this section by the payment of
the $5.00 fee for each additional tag so desired.
(5) Under the provisions of Section 40-12-254 a
disabled veteran who owns a vehicle, which has been all or partly paid for with
funds furnished by the administrator of Veterans Affairs may obtain one free
tag. or If a disabled veteran, who was an
(6) No disabled veteran shall be issued more than
one free distinctive tag.
(7) The distinctive license plates issued under
this division shall not be transferable as between motor vehicle owners, and in
the event the owner of a vehicle bearing such distinctive plates shall sell,
trade, exchange or otherwise dispose of same, such plates shall be retained by
the owner to whom issued and by him returned to the Judge of Probate or License
Commissioner of the county who shall receive and account of same in the manner
stated below. In the event such owner shall acquire by purchase, trade,
exchange or otherwise a vehicle for which no standard plates have been issued
during the current license year, the Judge of Probate or License Commissioner
of the county shall, upon being furnished by the owner thereof proper
certification of the acquisition of such vehicle and the payment of the motor
vehicle license tax due upon such vehicle, authorize the transfer to said
vehicle of the distinctive license plates previously purchased by such owner,
which plates shall authorize the operation of said vehicle for the remainder of
the then current license year. In the further event the owner of such
distinctive plates shall acquire by purchase, trade, exchange or otherwise a
vehicle for which standard plates have been issued during the current license
year, the Judge of Probate or License Commissioner shall upon proper
certification of such owner and upon delivery to such official of the standard
plates previously issued for such vehicle, authorize the owner of such
newly-acquired vehicle and to use same thereon for the remainder of the then
current license year. Such notice of transfer of ownership shall be made of
record by the Judge of Probate or the License Commissioner.
(8) Any person acquiring by purchase, trade,
exchange or otherwise any vehicle formerly bearing such distinctive plates
shall be authorized, upon certification of such fact to the Judge of Probate or
License Commissioner of the county and the payment of the fee now required by
law, to purchase standard replacement plates for such vehicle which shall
authorize the operation of such vehicle by the new owner for the remainder of
the license year. (Adopted August 10, 1982) (Authority:
§40-2-11, §32-6-131, §40-12-272)
810-5-1-.219. Design,
Placement and Proper Use of Monthly and Annual Decals.
(1) Section 32-6-60, Code of Alabama, 1975,
(as amended) provides for a tab, disc or other device suitable for attaching to
said motor vehicle tags or license plates and shall be issued upon the payment
of the annual license tax and the satisfaction of all other registration
requirements as prescribed by law.
(2) After the requirements for registration have
been met, the Department of Revenue shall issue either one or two decals to be
affixed to a license plate which was required to be revalidated by decal(s).
The decal(s) will indicate the month assigned for registration and the
validation year.
(3) In order for the Department of Revenue to be
uniform in the implementation and administration of Section 32-6-61 of the Code
of
810-5-1-.220. Medal
of Honor Winners and Prisoners of War Distinctive Tags, Replacement of.
(1) WHEREAS, Act No. 81-699 of the 1981 Regular
Session of the Alabama Legislature, and Act No. 82-571 of the 1982 Regular
Session of the Alabama Legislature provides a free and distinctive license
plate to residents of Alabama who are Medal of Honor recipients and to
residents of Alabama who were former Prisoners of War, and
(2) WHEREAS, these distinctive license plates are
provided to the recipients for life, the following procedure is hereby adopted.
(a) In the event a recipient has a license plate,
which becomes mutilated to the extent that it loses its identity, the
Department of Revenue shall have a replacement license plate manufactured
identical to the license plate so mutilated and forward to same to the Probate
Judge or other county official of the recipient's county of residence, who is
authorized by law to issue license plates. The recipient will then surrender
the mutilated tag to the issuing authority who will, upon receipt of same,
issue the replacement tag to the recipient. The issuing authority will forward
the mutilated tag to the Revenue Department, Motor Vehicle and License Tax
Division, for destruction. (Adopted August 10, 1982) (Authority:
§40-2-11, §32-6-255)
810-5-1-.222. Distinctive
License Plates Issued to the Licensee Not Transferable Unless Plate is
Qualified Distinctive Type.
(1) "The Alabama Uniform Certificate of
Title and Antitheft Act", within Sections 32-8-48 and 32-8-87, Code of
Alabama, 1975, (as amended), requires the surrender of the motor vehicle
license plates on vehicles to be scrapped, dismantled or destroyed by an owner
or on motor vehicles declared to be a "total loss" as defined in
Section 32-8-87.
(2) These sections of law do not apply to "distinctive"
motor vehicle license plates considered by law and by the Department of Revenue
to be issued to the person by special qualifications, which license plates are
not transferrable between persons.
(3) The distinctive license plates issued to the
owner and not to the motor vehicle which has been scrapped, dismantled,
destroyed or declared a total loss shall be removed by the person to whom it
was issued and, subsequently, delivered to the Probate Judge or other county
official authorized and required by law to issue license plates. The licensing
official shall re-assign this license plate to a replacement motor vehicle upon
payment of applicable fees. (Adopted August 10,
1982) (Authority: §§40-2-11, 40-12-272, 32-8-3(a)(2))
810-5-1-.223. Off-the-Road
Equipment - Definitions and Exemptions.
(1) Section 40-12-240, Code of Alabama 1975, defines the term "truck" as “every self-propelled motor vehicle designed and used primarily for the transportation of property in or upon its own structure,” and “vehicle” as “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.” Section 40-12-240, further defines the term “truck tractor” as “every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.”
(2) Section 40-12-251, Code of Alabama 1975, provides “for each motor tractor used on the highways of this state there shall be paid a license or privilege tax of $100.00; provided, however, that this license shall not be collected for a tractor when run on a highway to be transferred from one point to another for use on a farm with or without a "small trailer" or with or without a "semi-trailer," or when used on the highway for transferring what is commonly known as a "portable sawmill" or a "well-boring outfit," or when used on the highway by a farmer for the purpose of transporting to and from his farm, farm products or products to be used on his farm.”
(3) The term “motor tractor” as defined in Section 40-12-251, and the term “truck tractor” as defined in Section 40-12-240, can be used interchangeably.
(4) In addition to those exemptions contained in Section 40-12-251 the term "off-the-road machinery" shall include machines occasionally moved on highways from one job site to another, but not designed to transport property over the highways, and are not subject to the requirements for licensing as a motor vehicle. (Ref. Attorney General Opinion December 2, 1974)
(5) Pursuant to the above mentioned sections of the Alabama Motor Vehicle License and Registration laws, off road machinery is exempt from the registration requirements due to the following:
(a) it is not designed and used primarily for the transportation of property in or upon its own structure.
(b) it is not designed for use on the public highways.
(c) it is not designed to transport or to draw persons or property upon the highway.
(6) The following are some of the criteria which may be used to define off road machinery:
(a) Off road machinery is not designed or used primarily for the transportation of persons or property and is only incidently operated or moved over the highway.
(b) Off road machinery is designed to primarily perform the functions of lifting and lowering real or personal property.
(c) Off road machinery chassis is specially designed and manufactured by the manufacturer, (or for the manufacturer), to serve solely as a mobile carriage and mount, (and a power source, where applicable), for the particular machinery or equipment attached.
(d) Off road machinery chassis cannot, without substantial structural modification, be used as a component of a vehicle designed to transport persons or property on the highway.
(a) The vehicle’s inability to travel at posted highway speeds; and/or
(b) The vehicle is overweight, overheight, and/or overwidth for regular highway use, or requires a special permit and/or escort for highway use; and/or
(c) Any other relevant factor of the special vehicle design, such as the requirement of transportation on tracks, which substantially limits or impairs the use of such vehicle on the public roads and highways.
(8) Nothing in this rule should be considered as authority for exempting from registration truck mounted cranes, trucks with booms attached, or similar type vehicles. (Author: James P. Starling) (Authority: Sections 40-2A-7(a)(5), 40-2-11, 40-12-272 and 32-6-218, Code of Alabama 1975) (History: Adopted through APA August 11, 1982.) (Amended: Filed January 7, 2010, effective February 11, 2010.)
810-5-1-.224. Fee
Requirement for Certain Special Tags.
(1) WHEREAS, certain tags are issued to
individuals free of the regular tag fees, and WHEREAS, some of these
individuals desire to purchase "special" tags (Example; Amateur
Radio, Personalized, etc.), which tags required an additional fee, the
following procedure is hereby adopted.
(2) Any individual, who is entitled to the free
regular tag fees for passenger cars and pickups up to 8,000 pounds, who wishes
to purchase a "special" tag may do so by paying the additional fee
required under the specific section providing for such tag, if purchased on an
annual basis (Example: $3.00 for the Amateur tag or $50.00 for the Prestige
tag).
(3) If purchased on a monthly declining basis,
only the appropriate number of months fees shall be credited and collected to
license the individual's vehicle to his month of renewal. (Adopted
August 12, 1982) (Authority: §§40-2-11, 40-12-272, 32-6-71, 32-6-91,
32-6-131, 32-6-218)
810-5-1-.225 Handicapped
Parking Privileges - Evidence of Qualifications and Enforcement Procedures.
(1) Handicap Parking Credentials. Evidence of
qualification shall be either a removable windshield placard or a temporary
removable windshield placard as shown in 23CFR § 1235 (1991), or the handicap
license plate as provided in Section 40-12-300, Code of
(2) Credentials issued prior to January 1, 1997.
The handicap decal issued in accordance with the provisions of Section
32-6-230, et seq., Code of
(3) Re-issuance of Handicap Parking Credentials.
Effective January 1, 1997, county license plate issuing officials shall accept
completed applications (Form MVR:32-6-230-"Application for Handicapped
Parking Privileges") from persons with disabilities (and from
organizations transporting persons with disabilities - see paragraph (10)
below) for handicap license plates and/or removable windshield placards or
temporary removable windshield placards. Counties will no longer accept Form
MVR:81-695 as their authority to issue handicapped parking credentials. Upon
presentation of the Application, the issuing authority shall verify that the
Application has been properly completed (see paragraph (4) below) by the person
with disabilities and by the Physician. When issuing removable windshield
placards, the issuing authority shall indicate in the designated space the
number shown on the placard, or the handicap license plate number, or both, and
the fees collected. The fee shall be $1.25 per removable windshield placard
issued.
(4) Qualifications to receive Handicap Parking
Credentials. To qualify for handicap credentials, the person with disabilities
(or their legal guardian) must have the following portions of the Application
(Form MVR:32-6-230) completed:
(a) Name of the person with disabilities,
(b) Street and mailing address of the person with
disabilities,
(c) Telephone number of the person with
disabilities,
(d) Designation of the type(s) of handicapped
parking credentials requested,
(e) The signature of the person with disabilities
(or of their legal guardian) and date signed.
Furthermore, the
"Physician's Certification" portion of the Application must be
completed prior to the presentation of the Application to the county license
plate issuing official. The physician shall:
1. Certify if the disability is long-term or a
temporary disability,
2. If a temporary disability, the physician shall
specify the length of the disability (not to exceed six months),
3. The physician shall provide his/her telephone
number, and give his/her city, and state where licensed,
4. The physician shall check the disability or
disabilities in the "Requirements" portion of the Application to
indicate which criteria the person with disabilities is qualified under the
federal regulations to receive handicap parking credentials. In signing the
Application the physician shall certify that the person with disabilities meets
the criteria shown under 23CFR §1235.2[b](1991); to wit, "Persons with
disabilities which limit or impair their ability to walk means persons who, as
determined by a license physician:
(i) Cannot walk two
hundred feet without stopping to rest; or
(ii) Cannot walk without the use of or assistance
from a brace, cane, crutch, another person, prosthetic device, wheelchair, or
other assistive device; or
(iii) Are restricted by lung disease to such an
extent that the person's forced (respiratory) expiratory volume for one second,
when measured by spirometry, is less than one liter,
or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or
(iv) Use portable oxygen; or
(v) Have a cardiac condition to the extent that
the person's functional limitations are classified in severity as Class III or
Class IV according to standards set by the American Heart Association; or
(vi) Are severely limited in their ability to
walk due to an arthritic, neurological, or orthopedic condition."
(5) Display of Placards. The placards issued
prior to January 1, 1997 should be displayed in the right rear window of the
vehicle visible to the street where possible and if not possible, displayed on
the front dash of the vehicle and visible to the street, if possible. Removable
windshield placards issued beginning, January 1, 1997, shall "be displayed
in such a manner that it may be viewed from the front and rear of the vehicle
by hanging it from the front windshield rearview mirror of a vehicle utilizing
a parking space reserved for persons with disabilities. When there is no
rearview mirror, the placard shall be displayed on the dashboard." {23CFR
§1235.4[c](1991)} It is NOT required that a motor vehicle being used by
a person with disabilities display both the handicap license plate and the placard.
(6) Additional placards. Many persons with
disabilities, as defined under 23CFR §1235.2[b] (1991) (see paragraph (4)(e)4.
above), do not own a motor vehicle; therefore, in accordance with 23CFR
§1235.4[a] (1991), such individuals may request one (1) additional removable
windshield placard [note that this extra placard is applicable only to persons
with disabilities that do not have the distinctive handicap license plate(s)].
(7) When credentials may be used. A motor vehicle
may be parked in a handicap parking space only when the vehicle is then being
used to transport or is being operated by, the person with disabilities to whom
the handicap license plate and/or placard was issued; provided, that an
organization qualified under paragraph (10) of this rule, and displaying the
distinctive handicap license plate may also park in a designated handicap
parking space when being used to transport persons with disabilities.
(8) "Temporarily handicapped
individual" defined - Physician determination of length of issuance. In
accordance with 23CFR §1235.5[b] (1991), the definition of "temporarily
handicapped individual" found in Section 32-6-230 shall not be used, and
the following definition shall be used: any person having a temporary (for a
period up to six months) disability as defined in 23CFR §1235.2[b] (1991) (see
paragraph (4)(e)4. above). The licensed physician shall, on the Form MVR:
32-6-230 - "Application for Handicapped Parking Privileges," provide
the beginning and ending dates for the temporary removable windshield placard
to be valid, not to exceed six months from the date of issuance. The county
license plate issuing official shall exercise care in issuing the temporary
removable windshield placard as to not issue a temporary removable placard valid
for a period of time exceeding that authorized by the licensed physician as
shown on the "Application for Handicapped Parking Privileges."
(9) Periodic Renewal of Removable Windshield
Placards. Removable windshield placards and handicap license plates issued
under the provisions of this regulation shall, in accordance with 23CFR
§1235.4[a] (1991), be subject to "periodic renewal," which is to be
based on the five (5) year renewal cycle for standard passenger/pickup truck
license plates as provided under Section 32-6-61, Code of Alabama 1975.
For example, any person with disabilities whose first letter of their last name
begins with the letters "A" or "D" will be issued a placard
expiring in the same designated renewal month that the following five year
passenger series will be issued (such as January 2002 in this example).
(10) Recertification. Upon expiration, the person
with disabilities would be required to reapply by obtaining a completed
"Recertification for Handicapped Parking Privileges" (Form MVR:
32-6-230 [A], signed by the person with disabilities to whom the previous
removable windshield placard was issued, which is to be provided to the county
license plate issuing official before a new removable windshield placard, or
handicap license plate shall be issued. However, the Commissioner may elect to
require all persons with disabilities to be recertified by a licensed physician
(using Form MVR:32-6-230) before handicapped parking credentials may be
re-issued.
(11) Fee for Issuance of Removable Windshield
Placards/Replacement Placards. The county license plate issuing official shall
charge the $1.25 issuance fee provided by law for issuing motor vehicle license
plates/revalidation decals when issuing the removable windshield placard or temporary
removable windshield placard, which fee shall be retained by the county and
deposited into the county treasury. In the event that the placard is lost or
stolen, or becomes mutilated, a replacement placard may be issued upon
application to the county license plate issuing official, and completion of the
replacement placard affidavit on the reverse of the "Application for
Handicapped Parking Privileges" and payment of the appropriate issuance
fee.
(12) Issuance procedures/maintenance of
Application Forms. In issuing the removable windshield placards, the counties
shall record on Form #MVR:32-6-230 the issued placard number. This form shall
be maintained by the issuing official for audit by the Examiners of Public
Accounts, and in order to provide information to law enforcement agencies
inquiring as to whom the placard was issued; also, the form must be maintained
to be compared with Form #32-6-230(A) when re-issuing handicap parking
credentials. Likewise, when re-issuing the removable windshield placard(s) or
the handicap license plates, the counties shall record on Form #MVR:32-6-230[A]
the newly issued placard number. Counties are to file these forms in placard
number sequence in order to be able to advise law enforcement officials as to
whom a specific placard was issued.
(13) Manufacturing Fee. In accordance with 23CFR
§1235.3[c] (1991) county license plate issuing officials shall not collect the
$3.00 additional manufacturing fee authorized under Section 40-12-300 when
issuing the handicap license plates.
(14) Handicap Reciprocity. In accordance with
23CFR §1235.8 (1991) Alabama "shall recognize removable windshield
placards, temporary removable windshield placards and special license plates
which have been issued by issuing authorities of other states and countries,
for the purpose of identifying vehicles permitted to utilize parking spaces
reserved for persons with disabilities which limit or impair their ability to
walk" for any person with disabilities who is temporarily in this state and
who is not required to obtain Alabama license plates.
(15) Misuse of Handicapped Parking Privileges.
Anyone parking in handicapped parking spaces with expired removable windshield
placards, expired temporary removable windshield placards, or expired handicap
license plates, or otherwise violating the
(16) Obtaining of Handicap License Plates by
Organizations or Governmental Entities. 23CFR §1235.3[b] (1991) reads that,
"Upon application of an organization, each state shall issue special
license plates for the vehicle registered in the applicant's name if the vehicle
is primarily used to transport persons with disabilities which limit or impair
their ability to walk. The application shall include a certification by the
applicant, under criteria to be determined by the state, that the vehicle is
primarily used to transport persons with disabilities which limit or impair
their ability to walk." Accordingly, effective January 1, 1997, the
distinctive handicap license plates may be issued to nursing homes, commissions
on aging, special schools for persons with disabilities, and similar
organizations when an official of the organization certifies on the
"Application for Handicapped Parking Privileges" under the
"Organizations Only" portion that the vehicle is being primarily used
to transport persons with disabilities (note that the "Physician's
Certification" portion of the Application is NOT to be completed by the
Organization). If county license plate issuing officials have reservations
regarding the issuance of handicap license plates to an organization, the
official may request, in writing, from the organization a description of the
mission, purposes, etc. of the organization, and how the vehicle is to be, or
is being used. Such organizations may recertify upon expiration of the handicap
license plates by completing Form MVR: 32-6-230(A). If the organization is a
state, county or municipal governmental entity, which requires governmental
license plates under the provisions of Section 40-12-250, Code of
(17) Handicap Motorcycle License Plates. Any
person with disabilities who owns and operates a motorcycle may choose to
secure a distinctive handicap motorcycle license plate for his motorcycle(s).
The plate shall contain the International Symbol of Access in accordance with
the federal regulations. As with standard handicap license plates, the
registrant shall pay standard registration fees. Anyone qualifying under
provisions of this regulation for handicap parking credentials may surrender
their current and valid standard motorcycle license plate in favor of the
handicap motorcycle license plate.
(18) License Physician Defined. The term
"licensed physician" as used in this regulation shall be deemed to
mean a doctor of medicine or a doctor of osteopathy licensed to practice
medicine or a person employed by the U.S. government as a doctor of medicine or
doctor of osteopathy to practice medicine. (Authority:
§40-2A-7(a)(5), Code of Alabama 1975) (Amended September 17,
1997, effective date October 22, 1997.)
810-5-1-.226. Department
Requirements for Accurate Registration Information.
(1) WHEREAS, the Department of Revenue, Motor Vehicle
and License Tax Division, is required by law to maintain accurate motor vehicle
registration records by license tag number, and WHEREAS, the uniform
registration and transfer receipts received from the counties are being altered
in the space for current year tag number to include letters, numbers and
information other than the actual current tag number.
(2) This information causes confusion and
problems for data entry operators and causes erroneous letters and numbers to
be entered into the computer network resulting in the inability for the Revenue
Department, law enforcement officers and others to retrieve information from
the actual tag number which appears on a motor vehicle; therefore, the
following procedures are hereby adopted:
(a) REGULAR PLATES - All motor vehicle
registration and transfer receipts for regular license plates shall not include
any information in the space provided for current license number except the
actual numbers and letters which appear on the tag. Also, there shall be no 0's
or any other characters used for spacing. The current license number shall
include no more nor no less information than the number appearing on the
license plate.
(b) SPECIAL PLATES - All motor vehicle
registration and transfer receipts for motor vehicles issued special license
plates shall include a special prefix in the space for current year tag number
for abbreviation purposes or to identify the special registration. These are as
follows (special prefix underscored):
1. Antique Vehicle: AV, plus actual plate number
2. Consular Official: CON, plus actual plate number
3. Disabled Veterans: DV, plus actual plate number
4. National Guard, NG, plus actual plate number
5. Shrine Motorcycle: SHM, plus actual plate number
(c) All other special license plate numbers shall
appear on the registration and transfer receipt in the space for current year
tag number identical to the number as shown on the license
plate. (Adopted August 17, 1982) (Authority: §§40-2-11,
40-12-272)
810-5-1-.227. The
Issuance of Temporary License Tags/Registration Certificates by Dealers or
Manufacturers of Mobile Homes, Trailer Coaches, Travel Trailers or House
Trailers, and by Dealers Appointed by the Department of Revenue as Designated
Agents (Other than Probate Judges).
(1) For the purposes of this regulation, each
reference to "agent" shall apply to manufacturers or dealers of
mobile homes, trailer coaches, travel trailers, or house trailers who have
qualified under the provisions of Section 32-6-212 to issue temporary license
tags and registration certificates in accordance with Act 79-817. Furthermore,
the term "agent" shall include motor vehicle dealers who have been
appointed as "designated agents" as defined in Section 32-8-2 who
elect to issue temporary tags and registration certificates. For purposes of
this regulation the term "agent" shall not include Probate Judges or
License Commissioners.
(2) Each agent will obtain temporary tags and
registration certificates from the Department of Revenue, Motor Vehicle
Division. Agents shall remit a fee of $2.25 for each temporary tag requested.
(3) The Department, upon receipt of the
remittance, shall forward the temporary tags to the agent. Furthermore, the
Department will be responsible for the distribution of the portion of the $2.25
fee which accrues to the county where the temporary tag is issued.
(4) If an agent deems it necessary to void a
temporary tag(s) a credit should be claimed when ordering subsequent temporary
tags. All voided temporary tags and registration certificates for same shall be
forwarded to the Department of Revenue, Motor Vehicle Division, by the close of
business the next business day.
(5) If an agent should decide to cease the
issuing of temporary tags, all unissued tags must be
returned to the Department of Revenue, Motor Vehicle Division, and an
application for refund for fees previously paid may be filed with the
Department.
(6) The agent, upon issuing of a temporary tag,
shall forward the original copy of the registration certificate to the
Department of revenue, Motor Vehicle Division, by the close of business the
next business day in accordance with Section 40-12-258, Code of
(7) Agents, in issuing temporary tags, shall
print, in ink, complete information as to vehicle ownership, make, model,
vehicle identification numbers and date of issuance. Any erasures or other
alterations of the information required on a temporary tag or registration
receipt will render it void, and of no value to the person or vehicle described
thereon.
(8) Temporary tags are to be displayed by the
purchaser in the rear window of the vehicle for which it was purchased. If
secured for a commercial vehicle, the temporary tag is to be posted in a
location conspicuous to law enforcement officers, for example, in the normal
tag frame for a mobile home. (Alabama Dept. of Revenue Motor Vehicle Division,
Robert B. McCain; adopted September 7, 1983; effective date October 14, 1983.) (Authority:
§32-6-218)
810-5-1-.227.03. Dealer/Manufacturer
License Plate Violations, Penalties.
(1) Any person who willfully uses a dealer or
manufacturer license plate in violation of subsection "1" of Section
40-12-264, Code of Alabama 1975, as amended, shall be subject to an
Alabama Department of Revenue imposed penalty of not less than one hundred
dollars ($100), and not more than three hundred dollars ($300) for each
violation.
(2) Violations of the use of dealer and
manufacturer license plates include, but are not limited to the following:
(a) Use of dealer or manufacturer license plates
on rental or lease vehicles.
(b) Use of dealer or manufacturer license plates
on tow trucks and wreckers.
(c) Use of dealer or manufacturer license plates
on service vehicles.
(d) Use of dealer license plates on vehicles
which are not in the vehicle inventory of the dealership, or that are not being
used in a high school driver education program.
(e) Use of the dealer or manufacturer license plates
on vehicles not owned by the dealer/manufacturer (including vehicles previously
sold by the dealership/manufacturer); provided, that a dealer license plate may
be used on a vehicle in cases where the vehicle owner enters into a consignment
sales contract with the dealer.
(3) This penalty shall be applied so that it
increases in severity with second and third offenses. For the first offense,
the penalty shall be $100. For the second offense, the penalty shall be $200.
For the third offense, the penalty shall be $300. For the fourth and subsequent
offenses the penalty shall be $300.
(4) Anyone to whom the Department levies a
penalty under this section may appeal the levy to the Administrative Law
Division as provided under Section 40-2A-9. (Auhority:
Section 40-12-264, Code of Alabama 1975) (Adopted November 4,
1997)
810-5-1-.227.04. Memorandum
of Understanding Between the Department of Human Resources and the Department
of Revenue.
(1) The Department of Revenue may allow access
into the Department's motor vehicle registration and certificate of title
databases to the Alabama Department of Human Resources. The purpose of this
access is limited to assisting the Department of Human Resources in carrying
out its functions in regard to the Food Stamp, Family Assistance, Medicaid for
Low Income Families, and Child Support Enforcement programs.
(2) The Department of Human Resources agrees to
be responsible for the access and dissemination of data by personnel within its
department. The Department of Human Resources agrees to require its personnel
to sign a Disclosure Statement acknowledging that the use of the data is to be
confined solely to the legitimate administration of its programs. Personnel
within the Department of Human Resources are to be advised that use of such
data for other purposes could be a violation of the federal Driver's Privacy
Protection Act; also, that the improper use of the information could constitute
a violation of the Alabama Computer Crime Act. (Authority: Section 40-2A-7(a)(5),
Code of Alabama 1975) (Adopted through APA effective February 9,
2000.)
810-5-1-.227.05. Financial
Institutions Issuance of Temporary License Tags/Registration Certificates.
(1) The Department of Revenue may, pursuant to
Section 32-8-34, Code of
(2) Financial institutions authorized as
designated agents to issue temporary licenses may use the Temporary License
Tags/Registration Certificates only on the authorized financial institution's
repossessed motor vehicles. Proper use of such tags would be to allow potential
purchasers of these vehicles to test-drive or otherwise demonstrate to their
satisfaction the suitability of the authorized financial institution's
repossessed motor vehicles. Moreover, the financial institutions may use the
temporary tags to move repossessed vehicles to repair locations, or to
different locations for the purpose of selling the vehicles (such as to a motor
vehicle dealer or auto auction).
(3) The temporary license tag may be issued for
any type motor vehicle; however, if the vehicle is a truck or truck tractor,
and if the vehicle has a gross weight exceeding twelve thousand pounds, the
financial institution shall affix the notation "UNLADEN WEIGHT ONLY."
(4) The qualified financial institution may only
obtain temporary license tags and temporary tag receipts from the Department of
Revenue, Motor Vehicle Division. The financial institution shall remit a fee of
$2.25 for each temporary license tag requested.
(5) The qualified financial institution in
issuing a temporary license tag/registration certificate, shall print, in ink,
on the temporary tag itself in the format prescribed by the Department of
Revenue the following: expiration date, vehicle ownership, make, year, vehicle
identification number, model or type, issuing official's signature and name and
date of issuance. Any erasures or other alterations of the information required
on a temporary license tag will render the document void, and of no value to
the person or vehicle described thereon.
(6) In the event a qualified financial
institution considers it necessary to void a temporary tag(s), a credit may be
claimed when ordering subsequent temporary tags. All voided temporary tags and
registration certificates must be forwarded to the Department of Revenue, Motor
Vehicle Division, by the close of business the following business day.
(7) In the event a qualified financial
institution ceases the issuance of temporary tags, all unused tags and
temporary tag receipts must be returned to the Department of Revenue, Motor
Vehicle Division, and a refund may be obtained for fees previously paid by
filing an application with the Department.
(8) A temporary tag must be displayed in the rear
window of any passenger vehicle for which it was acquired. If obtained for a
vehicle lacking a rear window, then the temporary tag must be posted in a
location conspicuous to law enforcement officers.
(9) The qualified financial institution, in
issuing the temporary tag, must print the following information on the
Temporary Tag Receipt, Form MVR: 32-6-211: the temporary tag number, the vehicle
owner and the owner's address, the vehicle make, vehicle identification number,
model year, type vehicle, date issued, the financial institution's name and by
whom the tag and receipt were issued. Any erasures or other alterations of the
required information on the Temporary Tag Receipt will render the document
void, and of no value to the person or vehicle described thereon.
(10) The original (registrant's) part of the
completed Temporary Tag Receipt, Form MVR: 32-6-211, shall be retained within
the motor vehicle to which the temporary tag was issued for the 20 day time
period that the temporary tag is valid.
(11) The financial institution after issuing a
temporary tag, must forward the second part (Department's) of the completed
Temporary Tag Receipt, Form MVR: 32-6-211, to the Department of Revenue, Motor
Vehicle Division, not later than the 10th day of the month succeeding the month
the registration was issued as is provided in Section 40-12-260(a)(4)(b), Code
of Alabama 1975. The third (designated agent's) part of the receipt is to
be retained by the financial institution for audit purposes.
(12) Section 32-6-214, Code of
810-5-1-.227.06 Memorandum
of Understanding Between the Alabama Emergency Management Agency and the
Department of Revenue.
(1) The Department of Revenue may allow access into the
Department's motor vehicle registration and certificate of title databases to
the Alabama Emergency Management Agency. The purpose of this access is limited
to assisting the Emergency Management Agency in carrying out its functions in
regard to processing disaster applications under the Individual and Family
Grant Program.
(2)
The Emergency Management Agency agrees to be responsible for the access and
dissemination of data by personnel within its agency. The Emergency Management
Agency agrees to require its personnel to sign a Disclosure Statement
acknowledging that the use of the data is to be confined solely to the
legitimate administration of its programs. Personnel within the Emergency
Management Agency are to be advised that use of such data for other purposes
could be a violation of the federal Driver's Privacy Protection Act; also, that
the improper use of the information could constitute a violation of the Alabama
Computer Crime Act. (Authority: Section 40-2A-7(a)(5) (History: Adopted through
APA effective September 19, 2000)
810-5-1-.227.07 Memorandum of Understanding Between the
Alabama Department of Environmental Management and the Alabama Department of
Revenue.
(1) The
Alabama Department of Revenue (ADOR) may allow access into the ADOR’s motor vehicle registration and certificate of
title database to the Alabama Department of Environmental Management
(ADEM). The purpose of this access is
limited to determining identity and ownership of vehicles observed during
surveillance of illegal dumps within the State of
(2) ADOR
may allow access to the ADOR scrap tire environmental fee registration database
to ADEM. The purpose of this access is
for ADEM to determine compliance by tire dealers and retailers with the Alabama
Scrap Tire Environmental Quality Act.
(3)
ADEM agrees to be responsible for the access and
dissemination of data by personnel within its agency. ADEM agrees to require its personnel with
access to motor vehicle registration and certificate of title data or to the
scrap tire environmental fee registration data to sign a “Non-Employee
Confidentiality and Disclosure Statement” (Form COM-103) acknowledging
that the use of the data is confined solely to the legitimate administration of
its programs. These disclosure documents
must be on file with the ADOR and a copy must be with the employee’s
personnel folder kept by ADEM. For the
purposes of this rule, the word “personnel” shall be deemed to
include employees of ADEM, vendors, contractors, subcontractors, and anyone
with access to the data supplied by the ADOR.
(4)
ADEM agrees to inform ADEM personnel with access to
motor vehicle registration and certificate of title data provided pursuant to
this memorandum of understanding that use or allowing the use of this data for
reasons/uses other than the purpose(s) adopted in this MOU could be in
violation of the Federal Driver’s Privacy Protection Act, and could
subject ADEM to federal sanctions. ADEM further agrees to inform personnel that
anyone whose personal information is improperly released, or anyone who is injured
due to the improper release of personal information contained within the motor
vehicle registration or certificate of title databases, may bring a civil
action in a U.S. District Court against the person and/or entity that
wrongfully released the information.
(5)
ADEM, in entering into this memorandum of understanding, agrees that if
ADEM personnel release information contrary to the Federal Driver’s
Privacy Protection Act, such improper release shall be the responsibility of
the person wrongfully releasing the data, with ADOR not responsible for the
consequences of this improper action.
(6)
ADEM shall advise ADEM personnel that the improper
use of the information could constitute a violation of the Alabama Computer
Crime Act and/or the provisions of Section 40-2A-10, Code of
(3)
ADEM further agrees to provide the names of the
individual(s) granted access to data pursuant to this agreement, and to
promptly update the Department when there are additions or deletions to this
listing of authorized individuals.
ADOR shall establish
security standards for the data received by ADEM pursuant to the memorandum of
understanding, which may include the audit of the receiving agency to ensure
that the information is being properly secured.
Authority: Sections
40-2A-7(a)(5), Code of
810-5-1-.228. The
Issuance of Temporary License Tags/Registration Certificates by the Judge of
Probate or Other
(1) For the purposes of this regulation
"Judge of Probate" shall be deemed to include any county official
authorized and required by law to issue motor vehicle license tags.
(2) Each Judge of Probate, upon request to the
Department of Revenue, Motor Vehicle Division, shall be shipped a supply of
temporary tags and registration certificates for issuance in accordance with
the provisions of Act 79-817.
(3) Judges of Probate are not required to pay for
temporary tags in advance, but are to remit the sum of $1.50 for each temporary
tag issued to the Department of Revenue, Motor Vehicle Division. The balance of
the $2.25 fee collected for each temporary tag is to be distributed in
accordance with the provisions of Section 32-6-215.
(4) Under the provisions of Section 32-6-213, Code
of Alabama 1975, Judges of Probate are authorized "to issue a
temporary license tag and a temporary registration certificate to the owner of a
motor vehicle to be licensed in this state when, due to circumstances, a
permanent license tag cannot immediately be issued or when, in the judgement of the Probate Judge ... just cause exists for
the issuance of such temporary license tag and registration certificate."
With regard to this section, "just cause" has been determined by the
Commissioner of Revenue to exist in -- but not limited to -- the following
instances:
(a) when the purchaser of a motor vehicle does
not receive from the selling individual, dealer, or firm the certificate of
title or other documents necessary for application for title or for proof of
ownership;
(b) when the seller of a motor vehicle delays in
furnishing the buyer with an application for title.
(5) "Just cause" according to Section
32-6-213 does not exist when, in the judgement of the
Judge of Probate, the applicant for temporary registration is resorting to that
measure in an effort to avoid remission of regular registration fees, casual
sales tax, or ad valorem tax in full.
(6) On temporary registration receipts issued for
trucks or truck tractors weighing twelve thousand and one (12,001) pounds or
more, Judges of Probate shall affix the notation "UNLADEN WEIGHT
ONLY." Law enforcement agencies shall consider the operation of a truck or
truck tractor with a temporary Alabama license plate/registration at a weight
exceeding the unladen (empty) weight of that truck or
truck tractor plus the weight of the passengers and their personal luggage as
operation without a valid license plate/registration; anyone convicted of such
a violation shall be subject to sanctions under Section 32-6-219, Code of
Alabama 1975.
(7) Each Judge of Probate, upon issuance of a temporary
tag, shall forward the original copy of the registration certificate to the
Department of Revenue, Motor Vehicle Division, "by the close of business
the next business day" in accordance with Section 40-12-258, Code of
Alabama 1975.
(8) Probate Judges will be held accountable for
temporary tags and registration receipts assigned to and received by them. If
any temporary tags assigned to and acknowledged as received by a Probate Judge
are determined to be missing, the required registration fees for said tags must
be remitted as required by Section 32-6-215.
(9) Probate Judges, in issuing temporary tags,
shall print, in ink, complete information as to vehicle ownership, make, model,
vehicle identification numbers and date of issuance. Any erasures or other
alterations of the information required on a temporary tag or registration
receipt will render it void, and of no value to the person or vehicle described
thereon.
(10) Each temporary tag is to be displayed by its
purchaser in the rear window of the vehicle for which it was purchased. If
secured for a commercial vehicle, the temporary tag is to be posted in a
location conspicuous to law enforcement officers, for example, in the normal
tag frame for a mobile home.
(11) A Judge of Probate, in his/her discretion,
may, at one time, issue up to three (3) temporary license plates to one vehicle
owner/lessee for one motor vehicle. In so doing, the Probate Judge shall
indicate the beginning and ending effective dates on each of the temporary license
plates issued. (Adopted September 7, 1983, amended December 20,
1988, December 28, 1994) (Authority: §§32-6-56, 40-12-263, and
32-6-218, Code of Alabama 1975)
810-5-1-.228.01. Sending
in Monthly Vehicle Reports.
(1) Section 40-12-269, Code of Alabama 1975
requires that the Probate Judge or other county licensing officials shall
forward to the Department of Revenue "a certified list of all motor
vehicle licenses issued by the Probate Judge during the then preceding
month," and the Department of Revenue forwards the report received from
the Probate Judge and other county license issuing officials to the State
Highway Department.
(2) The State Highway Department is responsible
for reviewing the reports and providing information to federal and state
agencies contained within said reports.
(3) The monthly reports of motor vehicle licenses
required to be sent to the Department of Revenue shall be sent by the
appropriate officials to the State Highway Department and shall be considered
the same as being received by the Department of Revenue. (Authority:
§40-2-11, Code of Alabama 1975) (Adopted September 25, 1990)
810-5-1-.229. The
Mutilation or Alteration of License Plates Discussed - Penalties Provided.
(1) Whereas, license plates serve as one of the
primary methods of identifying vehicles and determining ownership by law
enforcement officials, Whereas, Act 79-797, now codified as Section 32-6-64, Code
of Alabama 1975, clearly shows legislative intent that Alabama license
plates are to have the greatest visibility and legibility possible, and
Whereas, the legislature has further shown its intent as demonstrated by
Section 40-12-265, Code of Alabama 1975, as amended, that mutilated or
altered license plates are not to be displayed on any motor vehicle. It is
therefore ordered that the following be adopted under the authority of Section
40-2-11, Code of
(2) The terms "mutilation" or
"alteration" as used in Section 40-12-265, Code of Alabama 1975,
shall include, but shall not be limited to, the following: Any situation
wherein an unauthorized type decal, sticker, patch or other device or
impediment which would tend to block or obscure the license plate number or the
revalidation decals or otherwise make the Alabama license plate or decal
illegible.
(3) Any person operating a motor vehicle with a
license plate or decal, that has been so mutilated or altered so as to be
illegible as described in Section 2 of this Rule, is subject to the
requirements and sanctions of Section 40-12-265(b), and must file with the
probate judge or license commissioner of that person's county of residence an
application setting forth the facts that the license plate or decal has been so
mutilated or altered so as to be illegible, and after paying the appropriate
fee, shall be issued a replacement license plate or decal. (Adopted
July 15, 1984, effective August 24, 1984) (Authority: §§40-2-11,
32-6-64, 40-12-265)
810-5-1-.230. The
(1) Whereas, Act No. 84-186 provides for the
issuance of a license plate for truck-tractors operated by a certified motor
carrier and used exclusively within 15 miles of the corporate city limits in
which it is customarily domiciled, and
(2) Whereas, the Commissioner of Revenue is
empowered by Section 40-2-11, Code of Alabama 1975, to supervise and
control the administration of the various tax and license laws of the State of
Alabama, and
(3) Whereas, it being the opinion of the
Commissioner of Revenue that certain clarifying rules and regulations need to
be adopted.
(4) Certified motor carriers may purchase a
license plate, commonly called "a mule tag" and designated by an
"XL" prefix, for truck-tractors or tractors to be operated
exclusively within 15 miles of the incorporated municipality in which it is
customarily domiciled.
(5) The 15 mile limit is determined by the city
limits of the incorporated municipality in which the truck-tractor or tractor
is domiciled and not the city limits of a contiguous incorporated municipality.
(6) When the truck-tractor or tractor is moved or
transferred from an incorporated municipality located in one county to an
incorporated municipality located in another county, the license plate of the
former county must be surrendered to the new county of domicile.
(7) To avoid law enforcement actions, for a
truck-tractor or tractor to be moved or relocated from the municipality
presently based, the owner or lessee must carry in the cab of the vehicle, and
present upon request of law enforcement an affidavit on a form supplied by the
Department of Revenue. This affidavit is an authorization to move or relocate
the truck-tractor or tractor outside the fifteen (15) mile limit, and will
describe the vehicle, give the reason for the relocation, and is to be signed
by a representative of the certificated carrier by whom the vehicle is owned or
leased. The truck- tractor or truck-trailer combination must be unladen when transferred from one municipality to a new
location. Upon relocation the owner or lessee must apply in the county of the
new situs of the vehicle to the Judge of Probate or
License Commissioner or other county official designated by law to register
motor vehicles for the exchange of tags before the truck-tractor or tractor is
placed into service.
(8) The Judge of Probate or other county official
authorized to issue motor vehicle license tags will issue a replacement license
plate bearing the county code number of the new county of domicile without
charge except for the issuance fee provided for in Section 40-12-271, Code
of
(9) The Judge of Probate or other county official
authorized to issue motor vehicle license tags, upon issuance of such
replacement tag, shall forward appropriate copies of the registration
certificate to the Department of Revenue, Motor Vehicle Division, "by the
close of business the next business day" in accordance with Section
40-12-258, Code of Alabama 1975. (Adopted as amended December
17, 1984; effective February 6, 1985.) (Authority: §40-2-11)
810-5-1-.231. Fee
for Costs Incurred in Searching Registration Records and Providing Certified
Copies of Registration Records.
(1) WHEREAS, the Motor Vehicle Division of the
Department of Revenue receives requests daily for vehicle registration
information from the general public from within and without this State; and
(2) WHEREAS, considerable employee work time,
computer-usage time, and other expenses, including postage, are expended in
searching and answering vehicle registration information requests; and
(3) WHEREAS, a cost effective study was conducted
by the Information Systems Division of the Department of Revenue, and such
study revealed that a charge of three dollars ($3.00) was a reasonable charge
to reimburse the Department of Revenue for such cost incurred;
(4) IT IS THEREFORE ORDERED, that a fee of three
dollars ($3.00) shall be charged for each application for registration status
from vehicle registration records maintained in the Department of Revenue,
Motor Vehicle Division. This fee is a per record fee and comprehensively covers
the expenses of record searching, record certifying, and first class postage. Law
enforcement agencies and other federal, state, county, and municipal agencies
of all jurisdictions who reciprocate with information and/or assistance to the
State Revenue Department shall be exempt from the payment of this fee.
(5) FURTHER, all persons who make application for
registration records from the State Revenue Department's Motor Vehicle Division
shall apply in writing with notarization of signature of applicant. Payment by
certified funds should be submitted with the application for record status. (Alabama
Department of Revenue; History: Filed June 10, 1987 with Legislative Reference
Service.) (Authority: §40-2-11)
810-5-1-.232. The
Issuance of Distinctive License Plates or Tags to
(1) To qualify for the distinctive license
plate(s) or tag(s), the applicant must have served in the Army, Navy, Marine
Corps, Air Force or the Coast Guard a minimum of nineteen (19) years, six (6)
months in active duty status. Provided, that anyone having met his active duty
minimum requirement, shall qualify to receive the distinctive license plate(s)
or tag(s) even if, the applicant is receiving or has received disability
benefits, or has served in a military reserve component.
(2) In accordance with Act 89-858, retirees from
the Alabama National Guard with a minimum of twenty (20) years service shall,
beginning in January, 1990, qualify for the distinctive "United States
Armed Forces Retired" license plate. To qualify, retirees must be
residents of the State of
(3) A qualified applicant must present to the
license plate issuing official a copy of his/her retirement papers. The issuing
officials must accept Form DD214 from Army, Navy, Marine Corps. Air Force, or
Coast Guard retirees when said form clearly reveals that the type of separation
was either "retired" or "transferred" to fleet reserve.
Said Form DD214 must reveal the minimum length of service as specified in
Section 1 (above). Alabama National Guard retirees must present Form NGB22
revealing a minimum of twenty (20) years service. Retired reservists must
furnish a copy of their retirement orders, if, however, these orders have been
misplaced, the retiree may present his/her retired ID card and give an
affidavit of military service revealing at least twenty (20) years service.
(4) County issuing officials, in issuing the
distinctive "United States Armed Forces Retired" license plate, shall
provide the registrant a decal designating the branch of service of the
retiree. Said decal, supplied by the Department of Corrections, shall be
attached at the bottom center of the license plate between the bolt holes. Said
decals shall be worded as follows: ARMY, NAVY, AIR FORCE, COAST GUARD, MARINES,
NATIONAL GUARD, USCGR, USMCR, USAFR, USNR, USAR. (Authority: Act
87-729.)
810-5-1-.233. Proof
Of Payment Of Federal Heavy Vehicle Use Tax.
(1) WHEREAS, it being the opinion of the
Commissioner of Revenue that rules and regulations are needed to implement the
provisions of Code of Ala. 1975, '32-6-58, as amended; and
(2) WHEREAS, officials of the U.S. Department of
Transportation, Federal Highway Administration, have suggested that formal
rules should be adopted to instruct license plate issuing officials as to their
responsibility under 23 USC 141 (d), and under Code of Ala. 1975,
'32-6-58.
(3) IT IS THEREFORE ORDERED that:
(a) The purpose of this regulation is to
ascertain that the license issuing agencies have complied with federal
regulations. The regulations require the State of
(b) The license plate issuing agency will require
the person seeking to register a truck or truck tractor to declare the gross
weight of the vehicle (or vehicle combination). The declared gross weight must
be within the weight brackets of the license plate being requested (for
example, if the registrant is seeking to obtain an "X6" license
plate, the declared gross weight must be between 55, 001 pounds and 64, 000
pounds)
(c) The license plate issuing agency will be
responsible for insuring that the declared gross weight is shown on the Motor
Vehicle Registration Tag and Tax receipt in the box entitled "Owners
Declared Gross Weight not Over." The county license plate issuing official
may require the initialing of the declared gross weight by the registrant.
(d) Prior to the issuance of a license plate for
a truck or truck tractor with a declared gross weight of 55,000 pounds or more,
the license plate issuing agency must receive acceptable proof (as defined
below) of the payment of FHVUT for the current tax year for the vehicle(s)
being registered. In the case where the FHVUT is not due because the tax is
suspended, the license plate issuing official must receive proof that the
vehicle owner has filed the required federal tax forms (Form #2290).
(e) In accordance with federal regulations issued
under date of May 23, 1985, by the Internal Revenue Service, the following
shall be acceptable as proof documents:
1. A Form 2290, Schedule 1, which has been
receipted as received by the Internal Revenue Service. Such form must be for
the current tax year, and must list the vehicle(s) for whom the tax has been
paid (unless the taxpayer has paid the tax on more than twenty-one (21)
vehicles or unless the tax is suspended on more than seven (7) vehicles). The
vehicles are to be listed by vehicle identification number (VIN); if the
registrant has failed to list the VIN(s) the registrant is permitted to give
the issuing official a letter certifying that tax was paid for the vehicle(s)
being registered. The issuing official shall retain both the receipted Schedule
1 and the letter as acceptable proof document.
2. If the Schedule 1 is not stamped as received by
the Internal Revenue Service, a substitute proof of payment may be used. A
photocopy of the signed Form 2290 (with the corresponding Schedule 1 attached)
which was filed with the IRS and a photocopy of both sides of the cancelled
check for the current year may be used. Memo copies of money orders, cashier's
checks and the like are not acceptable. Showing only one side of the original
check is not acceptable.
3. The Internal Revenue Service regulations
provide that anyone seeking to register a truck or truck tractor purchased or
acquired within a period of sixty (60) days of the date that registration is
sought will not be required to provide proof of payment of FHVUT. However,
proof of purchase or acquisition within the sixty (60) day period shall be required.
Such proof shall include:
(i) A copy of the bill
of sale.
(ii) A copy of the application for certificate of
title, (or a copy of the actual title or replacement title).
(iii) A copy of a court order, divorce decree, or
other legal document awarding ownership to the registrant.
(f) the Schedule 1 of the Form 2290 also has a
section for vehicles for which the FHVUT is suspended. The liability for the
FHVUT is suspended during a taxable period if it is reasonable to expect the
vehicle will be used for 5000 or fewer miles on public highways. These vehicles
must be shown on the Form 2290, Schedule 1. County license plate issuing
officials must receive proof that the taxpayer has filed Form 2290 for any
suspended vehicle; thus the required proof document is normally a receipted
Schedule 1.
(g) If a vehicle is an agricultural vehicle the
FHVUT is suspended up to 7,500 miles. However, a receipted Schedule 1 or other
acceptable proof document must be received by the issuing official before the
requested license plate may be issued.
(h) In order for the State of
(i) The proof of
payment of the FHVUT must be retained for one (1) year in order to allow the
Federal Highway Administration to verify that the State of
810-5-1-.234. Transferring
Personalized And Collegiate License Plates; Procedures For Issuance Of A
Combined Personalized/Collegiate License Plate And Departmental
Responsibilities Therein; Providing For Replacement Tags.
(1) A person to whom a personalized or collegiate
license plate has been issued pursuant to ''32-6-150, et seq., may elect to
surrender said license plate to the Judge of Probate or other license plate
issuing official and request either a standard license plate or a distinctive
license plate. The issuing official may reissue the surrendered license plate
upon collecting the additional fee plus any standard fees due. The issuing
official must inform the Department of Revenue by telephone of the reissuance.
(2) In the following type situations personalized
or collegiate license plate registrants will not be required to pay the
additional fee upon the transfer of the license plate:
(a) In situations where the vehicle is individually
owned and the owner acquires a new vehicle which is to be titled:
1. both to the registrant and his/her spouse, or
2. which is titled in the name of the registrant
and to another individual.
(b) In cases where there is joint ownership of a
vehicle, and the ownership of that vehicle (or a newly acquired vehicle)
changes to individual ownership by one of the original parties.
(c) In cases where a vehicle owner trades for
another vehicle which is subsequently to be titled in the name of a business
which is a single proprietorship owned by the original owner.
(3) The term "pleasure motor vehicle",
as used in '32-6-150, as amended, and '32-6-130, as amended, shall include
those type vehicles commonly known as "motor homes," but shall not
include motorcycles or non-self-propelled vehicles.
(4) In accordance with Act 88-127, a four-year
college or university electing to participate in the collegiate license plate
program may authorize the Department of Revenue in writing to issue a combination
personalized-collegiate license plate. This type of license plate, hereafter
referred to as a prestige license plate, will be issued through the county
license plate issuing officials upon payment of the additional fee provided
under Act 88-127 or subsequent legislation.
(5) Those four-year colleges or universities
authorizing the issuance of a prestige license plate will pay for the
manufacturing costs of producing the prestige license plates as determined by
the Board of Corrections as provided by Act 88-127. Subsequently the Department
of Revenue will bill the participating schools on a monthly basis for the
number of prestige license plates ordered to be manufactured.
(6) The maximum number of characters permitted on
a personalized, collegiate or prestige license plate shall be seven (7), and
may be further limited so that characters on a prestige license plate shall not
obscure the approved design. Provided, however, that the Department of Revenue
shall reject requests that will result in duplication of a personalized,
collegiate or prestige license plate.
(7) Anyone who has either a personalized,
collegiate or prestige license plate may elect to change to another
personalized, collegiate or prestige license plate. If so, the registrant will
be required to pay the additional fee as provided under '32-6-150, as amended,
and surrender the current license plate if not expired.
(8) An
(a) Making application for said plate through the
Judge of Probate or other license plate issuing official of his/her county or
residency.
(b) Obtaining approval by the Department of
Revenue of the requested license plate.
(c) Paying the additional fee provide under
'32-6-150, as amended, plus any standard fees due.
(9) The county license plate issuing official
will issue, without charge, a sixty (60) day temporary license plate which
shall be displayed until the requested license plate is received.
(10) In the event a personalized, collegiate or
prestige license plate is lost, stolen, or, becomes mutilated, the owner shall
make application for replacement and pay the fee required by law for said
replacement license plate. The Department of Revenue shall have manufactured a
duplicate of the original for shipment to the registrant. In cases of
mutilation, the original license plate must be surrendered to the county
license plate issuing official. (Authority: Code of Ala. 1975,
'32-6-151.) (Adopted effective March 29, 1989)
810-5-1-.235. Title
Procedures - Defining "Junk" Vehicles.
(1) Section 32-8-87 (j) Code of Alabama 1975,
as amended, prohibits the issuance of a certificate of title for any motor
vehicle for which a "junk" certificate has been issued or for a
vehicle which is sold "for parts only". Other States issue
certificates which also reflect a salvage vehicle is non-rebuildable
and vehicles which are declared non-rebuildable or
parts cars or sold for parts are considered to be "junk".
(2) Any motor vehicle for which a certificate has
been issued by any State with the notation of junk, parts car, parts only, non-rebuildable, or bills-of-sale issued for transfer of the
vehicle which contain this information shall be considered to be a
"junk" vehicle and shall not be titled in this
State. (Authority: §32-8-3 and §32-8-87, Code of Alabama 1975) (Adopted
September 25, 1990.)
810-5-1-.236 God Bless
(1) Owners of private passenger vehicles, to include pickup trucks as defined in Section 32-8-2(14.1), Code of Alabama 1975, and motor homes regardless of weight, shall be entitled to purchase a God Bless America distinctive license plate. Registrants shall pay standard registration fees based on the type of vehicle and all applicable taxes, but no annual additional fee will be charged in accordance with Act 2006-571 unless the owner chooses to obtain a personalized God Bless America distinctive plate in accordance with Act 2008-554.
(2) Effective October 1, 2006, owners of motor vehicles may request pre-numbered God Bless America distinctive license plates.
(3) Motor vehicle owners may elect to obtain a God Bless America distinctive license plate, before the expiration of their current license plate, by surrendering their current passenger license plate to the county license plate issuing official and paying the issuance fee as provided for in Section 40-12-271, Code of Alabama 1975.
(4) Motor vehicle owners, whose God Bless America distinctive license plate has been mutilated, lost, or stolen, may receive a replacement license plate at the county license plate issuing official’s office for a fee as provided in Section 40-12-265(b), Code of Alabama 1975. If the plate has been mutilated, the license plate must be surrendered to the county license plate issuing official, prior to the replacement license plate being issued. The county official will retain the mutilated license plate for audit purposes.
(5) Act 2008-554 provides for personalized God Bless America distinctive license plates effective September 1, 2008.
(6) The personalized plates shall be processed in the same manner as personalized plates in Section 32-6-150, Code of Alabama 1975.
(7) Any registrant desiring to obtain a personalized God Bless America plate shall pay an annual additional fee of fifty dollars ($50) in addition to the standard registration fees associated with the vehicle type and all applicable taxes as allowed by law. The annual additional fee shall not be prorated.
(8) The Department of Revenue shall be responsible for the design of the God Bless America distinctive license plate.
(9) Owners of a motor bus which is owned by a church, private school, hospital, or other eleemosynary institution and used only for the purposes of such institution, may elect to secure the God Bless America distinctive license plate as provided for in Section 40-12-246(d), Code of Alabama 1975, upon payment of an annual registration fee of $13.00. (Authority: Sections 40-2A-7(a)(5), 32-6-610 and 32-6-611, Code of Alabama 1975) (History: New rule: Filed December 1, 2006, effective January 5, 2007; Amended: Filed February 5, 2009, effective March 12, 2009)
810-5-1-.237 Procedures
for Issuing Provisional Registration Reinstatements.
(1) Alabama
vehicle owners whose motor vehicle registrations has been suspended pursuant to
the Code of Alabama 1975, Section
32-7A-3, may apply to have their vehicle registration reinstated to either the
Alabama Department of Revenue (ADOR) or the vehicle owner’s county
license plate issuing official. The
vehicle owner shall be issued a Mandatory Liability Insurance (MLI) Provisional
Registration Reinstatement (PRR) for his or her vehicle pending the
confirmation of vehicle insurance coverage or evidence of vehicle liability
insurance exemption; provided, that evidence of insurance coverage or proof of
MLI insurance exemptions is collected along with the payment of any applicable
reinstatement fee(s), by the county license plate issuing official or ADOR
prior to the issuance of the PRR.
(2) The
beginning effective date of the PRR will be the same date that the PRR document
is issued. The PRR will be valid for a
period of no more than 60 days.
(3) The
following information and/or documents are required in order for a PRR to be
issued:
(a) In cases where a vehicle owner affirms
that the vehicle, for which the
registration has been suspended, had
insurance with an Alabama-licensed insurance company on the ADOR specified
insurance verification date, the owner must provide evidence of said insurance
coverage for the insurance verification date that includes: the insurance
company name; the insurance company NAIC number, if available; and the policy
holder’s insurance policy/binder number.
The insurance information shall be recorded on the PRR by the issuer.
(b) When a vehicle owner affirms that the
vehicle with the suspended registration was stored or inoperable on the ADOR
specified insurance verification date, the owner must complete and submit to
the county license plate issuing official or the Department of Revenue, an
affidavit of non use for the vehicle specifying the days that the vehicle was
stored or inoperable. The vehicle
owner’s signature must be notarized or witnessed by a representative of a
county tag issuing office or ADOR.
(c) If a vehicle owner affirms that the
vehicle with the suspended registration did not have liability insurance
coverage on the ADOR specified insurance verification date and the vehicle does
not qualify as an MLI exempt vehicle, as defined under Section 32-7A-5, Code of Alabama 1975, in addition to any
required reinstatement fee(s), the vehicle owner must affirm that the vehicle
is currently covered under a liability insurance policy with an
Alabama-licensed insurance company and provide to the county license plate
issuing official or ADOR: the insurance company name; the insurance company
NAIC number, if available; and the policy holder’s insurance policy/binder
number. The insurance information shall
be recorded on the PRR by the issuer.
(4) Code of Alabama 1975, Section 32-7A-9(c)
provides that county license plate issuing officials shall forward required
documentation regarding registration reinstatements to ADOR no later than the
next business day. ADOR will receive
insurance information through electronic means on a daily basis. A copy of every MLI exempt PRR generated by
the county license plate issuing official shall by forwarded by said official,
by mail, to ADOR or ADOR’s designee by the
tenth day of the month following the date the PRR was generated. Each MLI
exempt PRR shall have attached to it, the prerequisite vehicle affidavit of non
use and a coversheet as prescribed by ADOR.
(5) All
reinstatement fees remitted by each county license plate issuing official shall
be accompanied by a form prescribed by ADOR that lists the registrant and
vehicle information associated with the reinstatement fee collected for each
registrant.
(6) All
reinstatement fees collected by each county license plate issuing official less
10% to be retained by the county as provided by Section 32-7A-9(f), Code of Alabama, 1975, shall be remitted
to ADOR by the tenth day following the month that the reinstatement fees were
collected. Funds are to be deposited
directly to an ADOR designated account and the deposit slip for each deposit
forwarded to ADOR, or the funds may be remitted by check to the ADOR.
(7)
(8) In
cases where a county license plate issuing official has generated a PRR(s) in
error for which reinstatement fees would normally be collected, a voided copy
of the PRR(s) along with a brief explanation of the voided transaction(s) must
be mailed or faxed to ADOR, or its designee, for processing no later than the
close of the business day following the day that the PRR(s) was generated. (Authority: Sections 40-2A-7(a)(5) and
32-7A-3(b), Code of Alabama 1975)
(History: New rule: Filed
December 1, 2006, effective January 5, 2007).
810-5-1-.238 Provisional Registration
Reinstatement Document.
(1) Vehicles
with registrations suspended under
(2) A
PRR document may be issued by ADOR or the owner’s
(3) The
PRR will be on a form and in the format prescribed by ADOR.
(4) The
PRR document shall contain the following information:
(a) The PRR issue and expiration dates.
(b) Vehicle registrant’s name,
address, and driver license number.
(c) Vehicle’s VIN, year, make, and
model.
(d) Vehicle’s current
(e) Vehicle insuring company’s name; NAIC
number, if available; and address.
(f) Insurance policy holder’s binder
number or policy number.
(g) For an MLI exempt vehicle, an
explanation of the reason for the exemption.
(h) Issuing clerk’s ADOR assigned
identification number.
(5) There
is no fee for the PRR, provided, that any required reinstatement fee(s) for the
vehicle must be collected before a PRR can be issued.
(6) A
PRR is valid up to sixty (60) days pending confirmation of liability insurance
coverage for the date specified by ADOR, provided, that if ADOR does not
receive verification of insurance coverage for the specified date from the
insurance company reported by the motor vehicle owner, the PRR shall be revoked
by ADOR. Owners of vehicles for which a
PRR has been revoked shall receive a written notice of the revocation, which
shall be mailed by first class U.S. Postal Service, to the owner’s last
known address. Vehicle operators that
operate the vehicle with a revoked Provisional Registration Reinstatement will
be subject to the penalties addressed by Section 32-7A-18, Code of
(7) A
copy of the PRR document is acceptable as evidence of the Provisional
Registration Reinstatement for law enforcement purposes, if the information contained
on the document is legible, unaltered, and has not been revoked by ADOR. Any erasures or other alterations of the
information required on a PRR will render it void, and of no value to the
person or vehicle described thereon.
(8) The
PRR shall be retained within the motor vehicle to which it was issued pending
the completion of the full vehicle registration reinstatement process by
ADOR.
(9) The
PRR shall be presented, on demand, by the vehicle operator, for inspection by
law enforcement officers.
(10) A
PRR cannot be transferred to another vehicle or vehicle owner.
(11) The
PRR is not acceptable as a substitute for a valid Alabama Motor Vehicle
Registration Tag and Tax Receipt. The
PRR is valid only for indicating that a motor vehicle MLI registration
suspension has been temporarily reinstated, pending confirmation of vehicle
liability insurance coverage or confirmation of MLI vehicle exemption
status. (Authority: Sections
40-2A-7(a)(5) and 32-7A-3(b), Code of Alabama 1975) (History: New rule: Filed December 1, 2006, effective January 5,
2007).
810-5-1-.239 Registration of Vehicles Used Exclusively to Transport
Raw Cotton.
(1) County license plate issuing officials
will issue special annual license plates to the vehicles registered pursuant to
the provisions of Act 2006-550.
(2) Act 2006-550 limits the issuance of the
special license plate authorized by this Act to a “vehicle designed and
especially constructed to transport only raw cotton from harvest to a cotton
gin….” This provision limits
issuance only to these specially designed vehicles; therefore, the special
license plates cannot be displayed on trucks that are capable of transporting
commodities other than raw cotton, even if the only use of the trucks is for
this purpose. It is understood that one
may transport the raw cotton to a location where it is to be temporarily stored
for later transportation to a cotton gin.
Furthermore, a farmer owning and operating such vehicle may elect to
register the vehicle with a farm license plate based on the gross weight of the
vehicle instead of the license plate authorized by Act 2006-550 if using the
vehicle in accordance with Section 40-12-248.
(3) The annual license tax and registration
fee for the license plates issued pursuant to Act 2006-550 shall be $250.00,
regardless of the gross weight of the vehicle. The registrations shall be
renewed annually in the months of October and November. Registrations shall be issued for the period
December 1 through November 30.
(4) The license plates issued pursuant to
Act 2006-550 are not apportionable pursuant to the
International Registration Plan (IRP) if the vehicle is operated from points
within and without the State of
(5) Section 40-12-258, as amended by Act
2004-292, allows the proration of registration fees
when a farm truck is “stored in this state and not used or operated on
the public highways of this state….” As a farmer may own the type vehicle
authorized and registered under Act 2006-550, said farmer may pay prorated
registration fees if the vehicle is not operated on the public highways of
(6) If the gross weight of the vehicle
registered pursuant to Act 2006-550 is 55,000 pounds or more, the vehicle owner
is required annually, when registering the vehicle, to provide documentation
indicating compliance with the Federal Heavy Vehicle Use Tax laws. (Authority: Sections 40-2A-7(a)(5) and Act
2006-550, Code of Alabama 1975)
(History: New rule: Filed
December 1, 2006, effective January 5, 2007).
810-5-1-.240 Permanent
Trailer License Plates.
(1) Multi-year trailer plates, except for a
fleet of 50 or more rental utility trailers, have been eliminated by Act
2006-276. Accordingly, county issuing
officials shall not revalidate multi-year trailer plates, except for rental
utility trailers. Any trailer other than
a rental utility trailer displaying an
(2) Permanent
trailer license plates, in accordance with Act 2006-276, may be issued to a truck
trailer, tractor trailer or semitrailer. The term “semitrailer”
is defined in Section 40-12-240(19) and includes, but is not limited to,
trailers commonly referred to as “gooseneck” trailers. The
term “truck trailer” as
used in Section 40-12-252 refers to a trailer designed to be pulled behind a
truck and the gross vehicle weight of the truck, trailer, and load combination
exceeds 12,000 pounds. The term
“tractor trailer” is deemed to mean a trailer being towed by a
“truck tractor” as defined in Section 40-12-240(25). As Act 2006-276 does not include utility
trailers as qualifying vehicles, the law is to be interpreted as not
authorizing the issuance of permanent trailer plates to utility trailers. The
term “utility trailer” is defined in Section 40-12-240(26) as
“A trailer primarily designed to be drawn by a passenger car or pickup
truck, including luggage trailers, folding or collapsible camping trailers, and
other small trailers of similar size and function, but shall not include boat
trailers.” A pickup truck is
defined in Section 32-8-2(14.1) as “A truck with not more than two axles
and a gross weight not exceeding 12,000 pounds.” Therefore, in order for a trailer to be
registered as a utility trailer, the truck, trailer, and load shall not exceed
12,000 pounds.
(3)
In order for a registrant to obtain a
permanent trailer license plate, an
(4) The fee for a permanent trailer license plate is a one (1)
time, non-proratable registration fee of sixty
dollars ($60). In the event an owner
elects to surrender a current and valid annual Alabama trailer license plate in
order to secure a permanent trailer license, in accordance with Section 40-12-23
(c), the county issuing official shall determine the credit to be allowed by
using monthly declining fees, and applying that credit to the sixty dollar fee
for the permanent trailer license plate.
(5)
The Department of Revenue is
authorized to issue refunds in cases whereby the vehicle owner can provide to
the satisfaction of the county license plate issuing official evidence that he/she
erroneously registered a trailer with two (or more) permanent trailer license
plates.
(6) The permanent trailer license plate issued in accordance with Section
40-12-252 cannot be transferred to another owner or trailer. As the term “owner” is defined in
Section 40-12-240 to include a lessee with an option to purchase, if the lessee
elects to exercise the purchase option, the plates shall continue to be
displayed on the trailers even though there is a transfer of title from the lessor to lessee. If
there is no purchase option, the permanent trailer license plates must be
removed from the vehicles at the end of the lease agreement; provided, that if the
lessor elects to lease the trailers to another
Alabama based lease customer, the permanent license plates may remain on the
trailers for use by the new lease customer (unless the new lease customer has a
purchase option in the lease contract; if so, new permanent trailer plates must
be secured in the name of the lease customer).
(7) For the following situations, any person
acquiring ownership of a trailer(s)
displaying a permanent trailer plate
is required to surrender the license plate(s) to his/her county license plate issuing
official, who, in accordance with paragraph (8) below, shall notify the
Department of Revenue of the receipt of the license plate:
(a) The trailer is sold or otherwise
transferred to a new owner(s) –
exception: see paragraph (6) above;
(b) The trailer is repossessed;
(c) The trailer is abandoned;
(d) The trailer is acquired by an insurer as
a salvage vehicle;
(8) The
owner is required, in the case of transfer of ownership, to remove the
permanent trailer license plate from the
vehicle and surrender the license plate to the county license plate issuing
official and no credit or refund of registration fees shall be allowed upon surrender. The county license plate issuing official
will retain the surrendered license plates for audit purposes. Furthermore,
upon receipt of surrendered permanent trailer license plates, the county
license plate issuing official must notify the Department of Revenue of the
receipt of the plates in a manner prescribed by the Department in order for the
Department to indicate on the registration database that the permanent trailer
license plates are no longer in use; provided, that after one year from
notation on the database, the registration records for surrendered license
plates may be removed by the Department.
(9) If the owner must re-register the trailers
outside
to remove the
(10)
Trailer owners are not required to
retain within the vehicle a current and valid Alabama Motor Vehicle
Registration Tag and Tax Receipt. See Section 40-12-260(b)(1),
which specifies that registration receipts must be maintained for “self-propelled”
vehicles.
(11)
County license plate issuing officials
will enter “9999” on the Alabama Motor Vehicle Registration Tag and
Tax Receipt, in the expiration date field to indicate the non-expiration for all permanent trailer
license plate registrations. When
issuing registrations to lessors, the lessee’s
address shall be shown on the registration receipt.
(12) Pursuant to Section 40-12-265(b), if a license plate or tag is
lost or stolen, or becomes so mutilated as to make it illegible, the owner of
the vehicle must file with the county issuing official an application setting
forth the facts that the plate or tag has been lost, mutilated, or destroyed
and upon payment of the fee specified by law, a replacement license plate shall
be issued. Provided, that if mutilated, the permanent trailer license plate
shall be surrendered, and, in accordance with paragraph (8) above, the
Department of Revenue notified of the surrender of the license plate. (Authority:
40-2A-7(a)(5) and 40-12-252(c), Code of
Alabama 1975) (History: Adopted
through APA December 27, 2006, effective June 8, 2007)
810-5-1-.241 Collegiate and Collegiate
Personalized License Plates for
(1) For purposes of Act 2006-629,
“two-year colleges” shall be deemed as referring to Alabama based
public schools meeting the definition of “junior college” found in
Section 16-60-81, Code of Alabama 1975. The term “two-year colleges”
does not include “technical schools.”
(2) Act 2006-629 is interpreted as having
repealed the prohibition against distinctive plates under Section 32-6-67 for
junior colleges.
(3) Act 2006-629 amends Section 32-6-150 (a)
to provide that two-year collegiate license plates shall be issued “in
compliance with all laws and regulations.” Thus, these plates shall be issued in
compliance with the provisions of Subdivision 2 of Chapter 6 of Title 32, and
specifically with the provisions of Section 32-6-64 requiring the submission of
a design to the Legislative Oversight Committee on License Plates (LOC), the
approval of the submitted design by the LOC, and the timely securing of the
necessary commitments to purchase (Quantity Class 1 or 2). The provision that prohibits remanufacture of
plates if the number of plates issued in the fifth year (and every subsequent
fifth year) of issuance fail to meet the Quantity Class requirements is also
applicable.
(4) Section 32-6-150 (d), which requires
colleges and universities desiring distinctive collegiate license plates to pay
production costs prior to the manufacture of license plates, is not applicable
to the two-year college license plates authorized under Act 2006-629. Instead, the additional fee for two-year
college plates is to be distributed in accordance with Section 32-6-68, which
includes a manufacturing fee to the Alabama Department of Corrections. (Authority: Sections 40-2A-7(a)(5) and 32-6-150(d), Code
of Alabama 1975) (History: New
rule: Filed December 27, 2006, effective
January 31, 2007).
810-5-1-.242 Registration
Procedures for Vehicles Registered Under Section 40-12-297.
(1) For the purposes of this rule, the term
“Vintage plates” shall refer to the original
(2) The Department of Revenue will provide
license plate issuing officials with Vintage plate decals to be affixed to
lower portion of the Vintage license plate.
The decals will contain a number, which must be entered into the
registration record as the decal number.
The decal and the motor vehicle registration receipt indicates that the
vehicle to which the license plate is issued is properly registered in
accordance with Section 40-12-297, Code of Alabama 1975. The motor vehicle registration receipt must
be retained in the vehicle for possible presentation to law enforcement
officials in accordance with the provisions of Section 40-12-260, Code of
Alabama 1975.
(3) Although
(4) In examining a Vintage plate for
possible issuance, the license plate issuing official shall determine if the
license plate is legible, particularly the entire license plate number. If the license plate is rusted, paint
missing, parts of the plate is missing, holes in the plate, etc., to the degree
that law enforcement would have difficulty reading the plate from twenty feet,
the issuing official shall refuse to allow the requested license plate to be
issued to the vehicle. Provided, the
applicant may subsequently restore the plate (or have the plate restored) to
the degree that the plate is legible and present the restored license plate for
examination and approval by the license plate issuing official.
(5) Furthermore, in examining a Vintage
plate for possible issuance, the license plate issuing official shall determine
if the license plate colors are the colors of the originally issued plate. In order to make this determination, the
issuing official may check the Department of Revenue’s website to view
color pictures of
(6) Vintage plates shall be of the category
that is appropriate to the type of vehicle being registered (examples: an
(7) As
(8) In the event law enforcement officials
find a license plate issued pursuant to Section 40-12-297 being used in a
manner not authorized by Section 40-12-290 et seq., said vehicle operator may
be subject to the sanctions authorized by Section 40-12-290 (e) and forfeit the
Vintage plate decal on the license plate issued pursuant to Section 40-12-297.
(9) The provisions of Section 40-12-297
authorizing issuance of original
(10) Issuing officials may not authorize
license plates with license plate numbers exceeding seven (7) characters. All characters to be shown on the
registration receipts must be either alpha or numeric characters.
(11) In the event, a license plate issued
pursuant to Section 40-12-297 subsequently becomes illegible, the registrant
shall promptly restore the license plate to a legible status, or surrender the
license plate to his/her county license plate issuing official. Provided, law enforcement may confiscate any
license plate issued pursuant to Section 40-12-297 found to be illegible as
evidence of the violation of this law section in an enforcement action against
the operator of the vehicle displaying said illegible plate.
(12) Beginning with license plates issued in
1942,
(13) As with standard Vintage Vehicle license
plates, in the event the vehicle displaying the original
(14) If at any time the owner of a vehicle
registered with an original Alabama license plate and Vintage plate decal
elects to begin operating the vehicle in a manner inconsistent with the
provisions of the Vintage Vehicle law, the vehicle must be registered with
standard license plates before this use is begun and the original Alabama
license plate with the Vintage plate decal must be surrendered to the license
plate issuing official.
(15) In accordance with Act 2006-612, a vehicle
owner displaying a Vintage Vehicle license plate may elect to register his or
her vehicle with an original
810-5-1-.243 Registering Trucks
with Gross Weights up to 12,000 Pounds.
(1) Section 40-12-248(c), Code of
(2) Act 2006-356 allows the owner of a
pick-up truck as defined in Section 32-8-2, Code of Alabama 1975, to
register the truck used for personal or agricultural purposes based on the
empty (or unladen)
weight of the vehicle only without regard to the heaviest load to be carried
including the heaviest load to be carried on any trailer used in combination
with the truck. Accordingly, anyone
qualified to register his or her pick-up truck under the provisions of Section
40-12-248, as amended, by Act 2006-356 shall certify the empty (or unladen) weight of the truck only, and shall exclude the
weight of any trailer (and its load) used in combination with the truck. The Department interprets the language used
in Act 2006-356 regarding the registration of trucks used for personal or
agricultural use as excluding the
weight of the driver and passengers within the truck, the weight of luggage,
fuel, tools, and heaviest load to be carried in the bed of the pickup truck;
also, excluded is the weight of any towed vehicle or equipment, and any load
carried in the towed vehicle. Any weight
passed from the trailer through the trailer tongue to the truck shall also not
be included in the declared gross weight, provided the pickup truck has been
registered for personal or agricultural use only.
(3) Section 32-8-2 defines the term
“pickup truck” as “a truck with not more than two axles and a
gross weight not exceeding 12,000 pounds.” The two axle limitation does not include the
axles of any attached trailer.
(4) The Department interprets the amended
language of Act 2006-356 as authorizing the owner of a pick-up truck using the
vehicle for “agricultural use” to register the vehicle for the
empty (or unladen) weight of the truck only, even if
the agricultural use could normally be considered as a commercial use of the
vehicle. Accordingly, agricultural use
shall be deemed by the Department to include the use of the truck by a farmer,
by a cotton gin, by a farmer’s cooperative, etc., solely to transport raw
agricultural products to be processed, but does not include the transportation
of processed agricultural products, such as canned vegetables, frozen meat,
processed milk, etc.
(5) In the event a truck is used by the
owner for both personal and commercial use, the truck shall be registered based
on the gross vehicle weight of the truck as provided in Section 40-12-248 (a).
This is true even in situations where the truck is used for commercial use only
one time during the registration period.
(6) The provisions of Act 2006-356 is an
exception to the established principle of truck registration based on combined
gross weight as employed by most
(7) In the event that someone is cited by
Department of Revenue enforcement officers for the improper registration of a
pickup truck, when registering the vehicle the owner will be subject to the penalty
provided for in Code Section 40-12-249 for the difference in registration
fees. Also, the operator may be subject
to a court fine if convicted of improper registration.
(8) Personal use includes the towing of a
rented trailer used in moving one’s personal possessions. (Authority: Sections 40-2A-7(a)(5) and
40-12-248, Code of Alabama 1975)
(History: New rule: Filed January 29, 2007, effective March 5,
2007).
810-5-1-.244 Proration of Motor Vehicle Registration Fees.
(1) “Proration
of registration fees” as used in this rule refers to a motor vehicle
owner paying registration fees for a period less than 12 calendar months. Proration of fees may occur when someone acquires a motor
vehicle in a month other than their designated renewal month, and pays to the
license plate issuing official monthly-prorated fees from the date the motor
vehicle was acquired through the designated renewal month. Additionally,
registration fees are prorated when a vehicle is brought into the state and
registered for the first time.
(2) The phrase “stored in this
state” as used in Code of Ala. I 975, Section 40-12-258, as amended by
Act 2004-292, Acts of Alabama, shall be deemed to mean that a vehicle has not been
used or operated on the public highways of this state and the vehicle remained
in this state during the current registration period.
(3) “Reregistration”
as used in Section 40-12-258, as amended by Act 2004-292, Acts of Alabama,
shall be deemed to mean the vehicle owner securing subsequent
(4) Section 40-12-258 provides that license
taxes and registration fees associated with the reregistering of motor vehicles
that have been stored in this state and not operated on the public highways
shall not be prorated. Section 40-12-259, as amended by Act 2004-292, provides
that license taxes and registration fees for newly acquired vehicles, or
vehicles brought into this state for the first time may be prorated. The non-proration prohibition of Section 40-12-258 does not apply
to the reregistration of farm trucks, farm truck
tractors, vintage vehicles, self-propelled campers or house cars.
(5) The provisions of Act 2004-292 do not
prohibit the proration of registration fees when
reregistering a vehicle in the following situations:
(a) In the event that an owner had legally
registered their vehicle in another jurisdiction due to the vehicle having been
based in that jurisdiction, and, upon returning the vehicle to
(b) In a case where a vehicle with a valid
registration is stolen and later recovered and reregistered.
(c) When an owner sells a motor vehicle, and
later has to repossess the vehicle.
(d) When surviving spouses are registering
in their name for the first time vehicles previously registered in the name of
their now deceased spouses, provided the surviving spouses were not listed as
joint owners on the certificates of title.
(e) In situations where registrants are
changing classification of license plates (e.g., from a Fl to a P1 plate)
during the registration year.
(f) In situations where a last name change
occurs that changes the registrant’s designated renewal month.
(6) Fees associated with the issuance of
“permanent license plates” shall not be prorated. “Permanent
license plates” as used in this rule refers to those categories of plates
issued pursuant to the provisions of Sections 40-1 2-250 and 40-12-252(c) with
no expiration dates. “Permanent license plates” are not renewed and
are displayed on vehicles until the vehicles are sold, junked, or otherwise
destroyed. “Permanent license plates” will be issued to vehicles
owned by the State, a county, a municipality, a public utility department (PUD),
or volunteer fire departments. Additionally, “Permanent license
plates” are issued to truck trailers, tractor trailers, and semitrailers, upon request of registrants.
(7) In situations where an owner stores
their vehicle prior to the designated renewal month, or the vehicle is not
otherwise operated on the public highways of Alabama during or after the
designated renewal month, then the owner shall provide proof of such storage or
vehicle non-use when reregistering the vehicle. If the license plate issuing
official is satisfied that the vehicle was not operated, then the registration
penalty (or transfer penalty) shall not be charged; however, in accordance with
Act 2004-292, non-prorated registration fees shall be charged. Proof of storage
documents includes, but is not limited to:
(a) An affidavit completed by the vehicle
owner, neighbor or staff of the storage facility.
(b) A receipt(s) indicating payment to a
storage facility.
(c) A letter from appropriate military official
on military letterhead indicating that the serviceman stored his vehicle at a
military base.
(8) In the event a motor vehicle is removed
from service prior to the beginning of the registration year, and remains out
of service throughout the entire registration year, then the owner, when
reregistering the vehicle will be subject to registration fees for the
registration year when the vehicle is placed back into service. Example:
(9) Act 2004-292 also exempts farm trucks
and farm truck tractors from the non-proration
provisions of Section 40-12-258. In order to qualify for prorated reregistration fees, the owner of the truck or truck
tractor registered with farm plates must provide proof to the satisfaction of
the license plate issuing official that the vehicle(s) in question was not
previously operated on the public highways of this state in the registration
year for which the vehicle registration is sought. This exemption applies only
to farm vehicles registered with the distinctive farm truck (F1-F3) and farm
truck tractor (F4) license plates. Registration fees charged and collected upon
the registration of newly acquired farm trucks and farm truck tractors may be
prorated.
(10) When reregistering a vehicle with a farm
plate, the previous registration does not have to be with a farm plate in order
to qualify for prorated reregistration fees. For
example, Winslow has a truck with a gross vehicle weight of 16,000 pounds
registered with an Xl license plate for the period December 1, 2005 through
November 30, 2006. The truck is removed from service in November 2006. In January
2007, Winslow desires and qualifies for a Fl license plate. Winslow would pay
prorated Fl registration fees for the registration period January 1, 2007
through November 30, 2007 (11 months fees).
(11) Self propelled campers or house cars,
commonly known as motor homes, are also exempt from the non-proration
provisions of Section 40-12-258. In order to qualify for prorated reregistration fees, the owner of the motor home must
provide proof to the satisfaction of the license plate issuing official that the
motor home was not previously operated on the public highways of this state in
the registration year for which the vehicle registration is sought.
Registration fees charged and collected upon the registration of newly acquired
motor homes may be prorated.
(12) Act 2004-292 contains an exemption for
“vintage vehicles.” The term “vintage vehicles” refers
to any vehicles registered or subject to registration pursuant to Section
40-12-290 et seq. Anyone in the process of rebuilding or reconstructing a
“vintage vehicle” when registering the vehicle with a license plate
provided for under Section 40-12-290 et seq. will only pay the non-prorated
vintage vehicle registration fee. No registration penalty shall apply. (Authority:
Sections 40-2A-7(a)(5), 40-12-258 and 40-12-259, Code of Alabama 1975) (History:
New rule: Filed March 30, 2007,
effective May 4, 2007)
810-5-1-.245 Non-Residents Operating Non-Commercial
Vehicles into
(1) The provisions of this rule are
applicable to non-commercial vehicles owned and operated by non-residents of
(2) Section 40-12-262 (a), Code of
Alabama 1975, is interpreted as authorizing someone relocating to Alabama
to operate their vehicle(s) in Alabama for 30 consecutive calendar days
displaying a current and valid license plate and registration to their
vehicle(s) from their previous home residence.
(3) The vehicle owner(s) relocating to
(4) The vehicle owner(s) may register the
vehicle anytime during the 30 day period; provided, that on the 31st day,
liability for
(5) If the non-resident enters the State of
Alabama without vehicle registration issued to the vehicle owner from the
vehicle owner’s previous home jurisdiction, or if the out-of-state motor
vehicle registration has expired, the provisions of Section 40- 12-262 (a)
allowing a 30 day period to register the vehicle are not applicable, and the
liability for Alabama registration fees attaches on the day the vehicle(s)
enters the state, and if not paid on that date, delinquency penalties attach on
the following day. Also, provisions requiring display of license plates are
applicable on the day the vehicle enters the state, and law enforcement may
cite the vehicle operator for operating the vehicle without registration when
the vehicle enters the state. Furthermore, if the non-resident’s
out-of-state vehicle registration expires after entering
(6) If a non-resident enters the State of
(7) In the event that a non-resident enters
(8) In the event the Alabama Department of
Revenue enters into a motor vehicle registration reciprocity agreement with
another jurisdiction(s) pursuant to Section 40-12-262, and the provisions of
the reciprocity agreement conflict with the provisions of this rule, the
provisions of the agreement shall prevail.
(9) In the event a vehicle owner in the U.S.
military is assigned by virtue of military orders to an Alabama location, and
when entering Alabama is displaying a current and valid out-of-state plate
issued in the jurisdiction where the serviceman was previously based, said vehicle
owner may operate the vehicle displaying the out-of-state registration for the
30 day period authorized by Section 40-12-262. Note that this provision is
applicable in situations where the serviceman is operating with a license plate
issued in the jurisdiction where he or she was previously based by virtue of
military orders — if registered in the serviceman’s home of record
jurisdiction,
(10) In accordance with policy positions of
the American Association of Motor Vehicle Administrators (AAMVA),
810-5-1-.246 Bill of Sale, Invoice or Other Sales Document - Minimum Requirements. Reference:Section 40-12-260(b)(2),Code of Alabama 1975, as amended.
(1) Alabama law (Section 40-12-260(b)(2)) provides in part that within the first 20 calendar days of all self-propelled vehicles being purchased or acquired, and prior to obtaining a vehicle registration, a registrant must retain a legible copy of the bill of sale within the vehicle if the vehicle is not subject to the Alabama Uniform Certificate of Title and Antitheft Act (Section 32-8-1, et seq.).
(2) A bill of sale in connection with the sale of a motor vehicle shall contain all of the information listed below. An invoice or other sales document may be used in lieu of a bill of sale provided that the invoice or other sales document meets all the requirements in paragraph 3. In addition, the bill of sale, invoice or other sales document must be a document for the conveyance or transfer of ownership of a motor vehicle not subject to the Alabama Certificate of Title and Antitheft Act.
(3) In order for License Plate Issuing Officials and law enforcement to determine if a bill of sale, invoice or sales document is valid, the following information shall be contained within:
(a) Name of purchaser.
(b) Complete address of purchaser.
(c) Date of sale.
(d) Complete vehicle description: vehicle identification number, make, year, model or series number, body type.
(e) Name of seller.
(f) Complete address of seller
(g) If the seller is a dealer, then the dealer shall have the legend "Penalty of fifteen dollars ($15.00) due if vehicle is not registered in the name of the new owner within 20 calendar days" stamped or inscribed in bold and conspicuous print on the bill of sale, invoice or other sales document as provided for in Section 40-12-260(a)(6) license plate transfer.
(h) Signature of seller or authorized representative of seller.
(i) Purchase price of the vehicle.
(Authority: Sections 40-2A-7(a)(5), 32-8-3(b)(2) and 40-12-260(b)(2), Code of Alabama 1975; History: New rule: Filed November 18, 2008, effective January 22, 2009)
810-5-1-.403 International Registration Plan, Inc.,
Dues. The International Registration Plan
provides that a member jurisdiction may bill and collect from its registrants
an amount sufficient to pay its annual dues to IRP, Inc. Accordingly, the Motor
Vehicle Division will assess registrants under the International Registration
Plan the amounts necessary to pay the dues to IRP, Inc. The amount will be collected when billing for
apportioned registration fees, including transfer billings. In that the Board of Directors of IRP, Inc.
may change the dues from year to year, and such change approved by the IRP
members, the amount billed is subject to change from time to time. (Authority:
Sections 40-2A-7(a)(5) and 32-6-56, Code of Alabama 1975) (History: New
rule: Filed January 29, 2007, effective March 5, 2007).
810-5-1-.438 International Registration Plan.
Pursuant to the authority granted
the Commissioner of Revenue under §32-6-56 of the Code of Alabama 1975,
the Commissioner hereby adopts by this reference, the provisions of the
International Registration Plan (IRP) and official binding commentary (dated
August 22, 1994) or such other designation that may, from time to time, be
given to such document, in its entirety, with all modifications and revisions
previously and henceforth to be adopted.
A complete and current copy shall be maintained for public inspection at
the offices of the Alabama Department of Revenue, Motor Vehicle Division, Room
1216,
(1) The Department of Revenue shall be the
sole issuing authority for applicants seeking apportioned vehicle registration
under the provisions of the International Registration Plan or any other
registration/reciprocity compact requiring payment of apportioned registration
fees which the State of Alabama, through the Commissioner of the Department of
Revenue under the authority of Act 848, Alabama 1978 Regular Session, may
enter.
(2) Vehicle, for the purpose of this rule or
regulation, shall be held to mean any vehicle with three or more axles, or
individually or in combination having a gross weight in excess of 10,000
pounds.
(3) Any person seeking to apportionally
register his/her vehicle or fleet must complete and file application(s) with
the Alabama Department of Revenue. The following application forms are to be
furnished by the Alabama Department of Revenue:
(a) MV:IRP-B - International Registration Plan Mileage
Schedule;
(b) MV:IRP-A
– International Registration Plan Vehicle Schedule;
(c) MV:IRP-C
– International Registration Plan Supplemental Schedule;
(d) MV:IRP-G.–
International Registration Plan New Account Application; and
(e)
International Registration Plan Renewal
Application.
1.
Forms should be typed or
printed in ink.
(4)(a) Under the provisions of the International
Registration Plan, registrants are to declare the weights of trucks and
truck-tractors which they desire to be qualified in member jurisdictions. The
Department of Revenue may lower the weight given by a registrant to the legal
limit permitted by the member jurisdiction(s). Furthermore, one listing a
weight for a jurisdiction which falls between two established weight brackets
for that jurisdiction will have the weight increased to the higher weight
category.
(b) Companies operating commercial buses over
fixed routes are required to be registered under the International Registration
Plan. As buses are registered using
various criteria, such as seating capacity, and gross weight, it is the
responsibility of the registrant to provide the required information in order
for the Department of Revenue to calculate registration fees for the
jurisdictions in which the motor carrier elects to operate.
(5)
Upon receipt of applications for apportioned registration, the
Department of Revenue issues license plates based on the information provided
on the application schedules. The Department of Revenue assumes no responsibility
for any liability, damage, or enforcement action taken against the registrant
as a result of the license plate issued the registrant. The registrant is
responsible for securing the correct license plate classification (including
weight classification) based on his operation of the vehicle and
810-5-1-.441 Applicant's Responsibility to
Timely File Complete Application for Apportioned Registration.
(1)
The Commissioner of
Revenue is aware that an applicant for apportioned registration cannot remit
payment for apportionable fees until said fees have
been determined by the Department of Revenue, therefore, the following
procedures are adopted as a fair and equitable policy for the submission and
payment of registration fees under the International Registration Plan.
(2) It is the applicant's
responsibility to properly complete all forms and to submit all documents necessary to register vehicles under
apportioned registration agreements. If necessary information is missing from
submitted applications, the application will be rejected as incomplete.
(3) Applications rejected as
incomplete will not be considered as received until completed and returned to
the Department of Revenue.
(4) Merely filing an International
Registration Plan application does not constitute authorization to operate an apportionable vehicle. It is necessary for the applicant to
secure either permanent or temporary authorization before legally operating any
relevant vehicle.
(5)
Upon receipt of the complete application, the Department of Revenue will
compute registration fees based upon the date the vehicle was purchased or
leased. An International Registration
Plan billing notice will be prepared and provided to the applicant. In the event that the vehicle delivery date
is later than the date of purchase, the applicant shall attach a sworn,
notarized statement to the application giving the date of delivery.
(6)
Payment for International Registration Plan billings are due upon
receipt and must be received by the Department of Revenue within ten (10) days
of the billing date, except for the billings for apportioned license plate
renewals. Payment for license plate renewal billings must be received by the
expiration date of the registrant’s assigned renewal month.
(7)
(8)
(9)
International Registration Plan billings should be paid using certified
funds. Certified funds include, but are
not limited to the following:
(a)
Cashiers check;
(b)
Money order;
(c)
Certified bank check;
(d)
Credit card;
(e)
Debit card;
(f)
Wire service instrument; or
(g)
Cash. Cash payments should only
be made in person.
(10)
If personal or company checks are submitted for payment of apportioned
registration fees, the license plates and cab cards will not be issued until
thirty (30) days after the remittance has been deposited.
(11) Personal or
company checks will be accepted as payment for apportioned registration fees if
the registrant has filed a surety bond with the Department of Revenue. The bond shall be in such form and amount as
approved by the department, and shall be executed by a surety company licensed
and duly authorized to do business in
810-5-1-.442. Vehicles
which are Specifically Exempt from Apportioned Registration.
(1) Government-owned vehicles.
(2) City pickup and delivery vehicles.
(3) Buses used for chartered parties.
(4) Recreational Vehicles (defined as a vehicle used
for personal pleasure or travel by an individual or his family).
(5) Vehicles operating with a restricted plate.
(a) The plan defines restricted plate as a
registration that has time (less than a registration year), geographic area,
mileage, or commodity restrictions.
(b) The
(c) The Alabama "01" or "02"
plate is restricted in that it may only be used on trucks owned and used by any
person for transporting forest products from the point of severance to the
sawmill, a papermill or to a concentration yard.
(NOTE:
(d) Dealer plates are restricted.
(e)
810-5-1-.451 Prerequisites
to Issuance of Apportioned License Plates or Cab Cards.
(1)
(2) In
accordance with §32-8-32, no motor vehicle license plate may be issued and no
motor vehicle license plate may be transferred for use on a motor vehicle until
proof of ownership is provided to the licensing official. Acceptable proof may include the copy of an application for a
certificate of title to such vehicle, a certificate of title to such vehicle, a
duplicate certificate of title to such vehicle where the original is held by a lienholder, or a copy of the application for a replacement
certificate of title, on motor vehicles required to be titled (vehicles
manufactured prior to 1975 are not required to be titled in Alabama). A
photocopy of any of the above is acceptable.
(3
(4)
Alabama law (§32-6-58) requires that all judges of probate, license
commissioners, and other officials authorized by law to register motor vehicles
and issue motor vehicle license plates and to perform other duties in
connection with the issuance of motor vehicle license plates shall refuse to
register a motor vehicle having a gross weight of 55,000 pounds or more and
shall refuse to issue any motor vehicle license plate for such motor vehicle
and shall refuse to transfer any motor vehicle registrations and license plates
for such motor vehicles unless the applicant furnishes proof of payment, in the
form prescribed by the Secretary of the United States Treasury, that the
federal heavy vehicle excise tax imposed by Title 26, United States Code §4481,
has been paid. (Authority: Sections 40-2A-7(a)(5), 32-6-56, 32-6-58,
32-8-32, and 40-23-104, Code of Alabama 1975) (History:
Amended: Filed June 2, 2006,
effective July 7, 2006)
810-5-1-.452. Trailers
and Semi-trailers.
Owners or registrants of
trailers and semi-trailers should secure trailer plates from the county probate
judge or license commissioner unless one determines to apportionally
register his fleet to include one or more of the states of Colorado, Montana,
Oregon, or Wyoming. If so, trailers must be listed on the application (Schedule
A) and the registrant will receive special apportioned trailer plates from
810-5-1-.454 Temporary
Operating Authority (TOA).
(1) When
the carrier wishes to create an apportioned fleet, add vehicles to an
apportioned fleet or make changes to an existing fleet, the Department of
Revenue will issue temporary authorization if requested by the carrier.
(2) A TOA will not be issued
on a renewal vehicle.
(3) The
temporary authorization covers a specific vehicle and cannot be transferred to
another vehicle.
(4) Requests for
TOAs will be submitted on forms furnished by the
Department of Revenue.
(5)
The registrant is required to pay for the registration prior to obtaining the
TOA.
(6) A temporary operating authority is
valid only until the date shown on the permit, and is in no case valid beyond a
date sixty (60) days from date of issuance,
even if registration fees or other requirements have been met for the issuance
of permanent registration.
(7) In accordance with the provisions of the
International Registration Plan and Federal Motor Carrier Safety Regulations,
the Department of Revenue reserves the right to deny temporary authority to any carrier whose account is not in
good standing. Carriers may file a notice of appeal from the denial
of temporary authority with the Administrative Law Division in accordance with
§40-2A-8, Code of
810-5-1-.457 Application for Replacement Credentials.
(1) One desiring a replacement apportioned
cab card or needing information corrected on his current apportioned cab card
must file form IRP-2 and submit the fee
provided under Section 40-12-271 of the Code of
(2) One desiring a replacement apportioned
license plate must file form IRP-2 and submit the fee provided under Section
40-12-265 of the Code of
(3) One desiring a replacement decal for an
apportioned license plate must file form IRP-2.
There is no fee for each such replacement.
(4) Form IRP-2 is not to be used for change
of ownership, change of classification, change of address, change in registered
weights, or jurisdiction increases.
(Authority: Sections
40-2A-7(a)(5), 40‑12‑265 and 40‑12‑271, Code of
810-5-1-.459. Department
of Revenue Permitted to Make Reasonable Inquiries and Demand Reasonable Proof
When Registering Vehicles Under the International Registration Plan.
In an official opinion of
the Attorney General under date of February 1, 1977, addressed to the Honorable
Paul Thomas, Judge of Probate,
810-5-1-.460 Situations Where Registrants are to Return Apportioned Registration License Plates and/or Cab Cards.
In certain situations registrants must return
the previously issued apportioned registration.
(a) The
registrant’s apportioned registration has been cancelled or revoked.
(b) The registrant is seeking a refund of registration
fees paid for motor vehicle license plates and must submit the decal, license
plate, and/or cab card with the petition for refund.
(c) Under Section
40-12-265(b), as amended, Code of Alabama 1975, if a registrant should
find or recover an apportioned license plate previously reported as lost or
stolen, or should such license plate come into the possession of such
registrant, he must immediately deliver same to the Department of Revenue.
(d) If a registrant's license
plate becomes mutilated and the registrant applies for a replacement license
plate, under Section 40-12-265(b), the registrant is required to surrender the
mutilated license plate.
(e) If
a registrant's vehicle is destroyed or junked, the license plate and/or cab
card may be transferred to a replacement motor vehicle unless the vehicle is
wrecked and totaled outside Alabama and the license plate is lawfully
surrendered to the jurisdiction where the vehicle was wrecked and totaled; or
if the license plate must be
surrendered to the registrant's insurance company or to the Title Section of
this Department. (Authority:
Sections 40-2A-7(a)(5), 32-6-56 and 40-12-265, Code of Alabama 1975); (History: Amended: Filed June 30, 2006, effective August 4,
2006)
810-5-1-.468 Refunds/Credits
of Apportioned Registration Fees.
(1) If an audit of an
apportioned carrier results in a net overpayment or underpayment of
registration fees in the amount of $10.00 or more, the amount will be refunded
or collected.
(2) Refunds may be made
in the event of a billing error by the Department of Revenue.
(3) One securing full fee
registration through the Judge of Probate or License Commissioner, and
subsequently securing
(4) Duplicate
registration of a vehicle by the same registrant may entitle the registrant to
a refund.
(5) Applicants
seeking refunds of registration fees paid for motor vehicle license plates must
submit required petition for refund form, decal, license plate, or both, and
any supporting documents that substantiate reason for requesting same.
(a) Petition must be
completed and submitted to the Alabama Department of Revenue.
(b) Required decal and
license plate for which a refund is being sought must accompany the petition
for refund. If this is not possible, a statement verifying the reason for not returning
such registration material must be submitted for review by the Department.
(c) The apportioned cab
card receipt for which the refund is being sought should be submitted with the
application for petition for refund.
(d) If refund is being sought due
to duplicate registration, documentation verifying that registration was
duplicated should be submitted for review by the Department.
(e) If refund is being
sought due to registration being secured in error, documentation and/or
certified statement verifying the facts must be submitted for review by the
Department.
(f) Except as provided in
(d) above, registration fees are not refundable if the vehicle is operated
after the previous registration has expired.
(g) Issuance fees and the
commission accruing to the issuing official are not refundable according to
Section 40-12-23(a), Code of
(h) Upon approval of the petition,
the Department of Revenue will authorize the refund of registration fees by the
appropriate State, County and Municipal officials.
(i) Due to the time and expense involved in the
refunding of registration fees, only refunds in the amount of $10 or more will
be issued.
(j) A registrant may appeal the denial of a
petition for refund by filing a notice of appeal in accordance with §40-2A-7,
Code of Alabama 1975. (Authority: Sections 40-2A-7(a)(5), 32‑6‑56, and 40-12-23, Code of Alabama 1975) (History:
Amended: Filed June 2, 2006,
effective July 7, 2006)
810-5-1-.469 Suspension,
Cancellation and/or Revocation of Apportioned License Plates and Cab Cards.
(1)
The International Registration Plan provides that "all plates and
cards and reciprocal exemptions are subject to cancellation and revocation in the
event of erroneous issuance thereof, or if any fees remain unpaid." Upon determination that a cancellation and
revocation should be made, the Department shall give written notice to the
registrant to the address given on his most recent application for apportioned
registration. The notice will state the
reason(s) for the action and will establish a hearing date, time, and place for
the registrant to offer objections.
(2)
One may have his registrations cancelled and revoked if:
(a)
Registrations were issued in error because the registrant failed to
provide proof of the payment of ad valorem tax, sales tax, or did not submit
proof that the vehicle was properly titled.
(b)
Registration fees were not paid.
(c)
An owner-operator was not authorized by the carrier to obtain the
registration.
(d)
The registrant is not a resident of this state or does not meet the
criteria for established place of business as defined by the International
Registration Plan.
(e)
Incorrect information was fraudulently given by the registrant on the
applications for apportioned registration.
(f)
Evidence reveals that the registration is either in
violation of
(g)
The registrant’s International Fuel Tax Agreement (IFTA) license
has been suspended or revoked.
(3) The
Department of Revenue shall suspend or revoke the registrations and license
plates for commercial motor vehicles issued to any motor carrier or vehicle
owner who has been prohibited from operating by a federal or state agency
responsible for motor carrier safety under the Performance and Registration
Information Systems Management (PRISM) program.
(4) Registrants
seeking the registration of a fleet for which no interstate mileage was
accumulated for two consecutive preceding years, shall be denied apportioned
registration. If an application
indicates that the registrant’s vehicle(s) accumulated no mileage outside
the state of
(5) Persons who are denied the apportionment
privilege may appeal to the Administrative Law Division pursuant to Section
40-2A-8, Code of
810-5-1-.470
Reciprocity Trip Permits.
(1) In accordance with
the International Registration Plan, a reciprocity trip permit registration may
be secured for any vehicle or combination of vehicles in lieu of full fee
registration or apportioned registration. The fee for this reciprocity trip permit
shall be in accordance with §40-12-262. The permit shall be valid for a time
period provided in §40-12-262, the beginning and ending dates to be shown on
the permit. Every trip permit shall be carried in the cab of the vehicle for
which such permit is issued. Such permit is not transferable. Such permit shall
be presented upon request or demand of a law enforcement officer. The permit
may be secured from the Department of Revenue or its designee.
(2) This permit is required
for a carrier whose vehicle is based in a jurisdiction that is a party to the
International Registration Plan and who did not elect to secure full or
apportioned registration in Alabama.
(3) Any person operating
a vehicle or truck-tractor combination with a current and valid reciprocity
trip permit is permitted both interstate and intrastate operations within
(4) Trip Permits will be
required in other member jurisdictions if an
810-5-1-.471
(1) Under
the Authority of Section 40-12-262, Code of
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(2) Furthermore,
the Commissioner of Revenue has entered into bilateral intrastate reciprocity
agreements with the jurisdictions of
(3) On
May 8, 1962, the Commissioner of Revenue, acting under the authority of Title
51, Section 707, Code of 1940, as amended (now Section 40-12-262, Code of
Alabama 1975), signed the resolution making the State of Alabama a member of
and party to the agreement known as the Multistate
Reciprocity Agreement Governing the Interstate Operation of Vehicles. (Authority:
Sections 40-2A-7(a)(5), 32-6-56 and 40-12-262, Code of Alabama 1975); (History:
Amended: Filed June 30, 2006,
effective August 4, 2006)
810-5-1-.473 Distribution of Monies Received from
Registrants under the International
Registration Plan.
(1)
Revenue received from registrants under the provisions of the
International Registration Plan are to be distributed in accordance with
Sections 40-12-269 and 40-12-270, Code of
(2) It will be the duty of the appropriate
official of any county or municipality having a lawful distribution contrary to
Sections 40-12-269 and 40-12-270 to advise the Department of Revenue in writing
of such distribution, and the Department is to be held blameless without such
notification. (Authority: Sections 40-2A-7(a)(5), 32-6-56, 40-12-269
and 40-12-270, Code of Alabama 1975)
(History: Amended: Filed June 2, 2006, effective July 7, 2006)
810-5-1-.475. Registration
Fees from International Registration Plan Jurisdictions.
(1) John J. Breckenridge, Assistant Counsel,
Legal Division, Department of Revenue, in an informal opinion under the date of
February 8, 1982, stated the following concerning exemptions found in Section
40-12-248, Code of Alabama 1975: "Since the terms "farm
produce" and "farm products" necessarily connotates
some connection with a farm, it is my opinion that the terms must necessarily
involve transportation from a farm to either a manufacturer or a market. Thus,
when a farm product has been in some way processed by a manufacturer, then the
motor vehicle which transports the items from the manufacturer to a market or a
retailer would not be considered as transporting farm products and would not be
entitled to the exception."
(2) The impact of the above opinion is to require
the registration of vehicles hauling farm produce, farm product, and forest
products on a compensated basis with the Exempt Commodities For Hire (C)
license plate rather than the Private (P) license plate category.
(3) In that the exempt commodity license plate
has previously been one basically for intrastate use by coal haulers, the
exempt commodity rates were not furnished to the International Registration
Plan jurisdictions. Now that a significant number of
(4) The term "exempt commodities"
refers to the fact that the commodity is exempt from the regulation of the
Interstate Commerce Commission or the various jurisdictional Public Service or
Public Utility Commissions. In that differing regulatory commissions exempt (or
regulate) different commodities the following guidelines are to be used in
collecting
(a) On the Type of Operation segment of Schedule
B, registrants indicating "Common Carrier Exempt Commodities" will
pay fees based on the
(b) Registrants indicating "Household Goods
Carrier" will pay fees based on the Alabama fee schedule for Private
Carrier as found in Section 40-12-248(c)
(c) Registrants indicating "Private
Carrier" will pay fees for Private Carriers as found in Section
40-12-248(c).
(d) Registrants indicating "Haul for
Hire" will pay fees based on the
(e) Registrants indicating "Rental
Company" will pay fees based on the Alabama fee schedule for Private
Carriers as found in Section 40-12-248 (c).
(f) Registrants indicating two categories will
pay fees based on the higher fee schedule. (Authority: §§32-6-56 and
40-12-248)
810-5-1-.476.01 Enforcement
As To
(1) The International Registration Plan
Apportioned Cab Card is a motor vehicle registration receipt as described in §
32-6-65, Code of
(2)
A current, valid apportioned license plate, assigned by the Department of
Revenue, must be properly displayed on the designated vehicle by the last day
of the vehicle's designated renewal month.
Additionally, the vehicle's current registration cab card must be carried
in the vehicle by the same date.
Enforcement will begin the first day of the month that immediately
follows the renewal month, provided, when the last day of the designated
renewal month falls on a Saturday, Sunday, or holiday, the enforcement date will
be the day following the first work day of the subsequent month.
(3)
In lieu of the above registration, a valid trip permit or temporary vehicle
registration will temporarily satisfy registration requirements.
(4)
(5)
The International Registration Plan cab card must be carried in the
vehicle.
(6) Enforcement personnel will inspect the
International Registration Plan cab card for verification that a vehicle is
properly registered. The cab card must
not be mutilated or altered in any way, and must be presented to law
enforcement personnel upon demand. One
refusing or failing to furnish the apportioned cab card may be subject to arrest
and prosecution as provided by Section 40-12-262, Code of
(7) Anyone
altering or found operating a vehicle with an altered International
Registration Cab Card, may be subject to arrest and prosecution under the
provisions of Section 40-12-262, Code of
810-5-1-.479 Proof of
Residency Requirements for Applicants for Registration Under the International
Registration Plan.
(1) Applicants attempting to register vehicles
under the provisions of the International Registration may be required to
furnish proof of residency in the State of
(2)
The registrant may be required to give a sworn, notarized statement that he is
a resident of the State of Alabama on forms provided by the Department of
Revenue, and further may be required to produce an Alabama driver's
license. Section 40-12-263, Code of
Alabama 1975, states that "no truck, semi-trailer truck, road tractor
or other like motor vehicle used for hire or for commercial purposes which is
owned by a nonresident of this state shall be registered in this state except
as may be otherwise provided in or authorized or required by Section
40-12-262". Furthermore, this section provides that "any person who
knowingly makes a false statement in applying for the registration of a motor
vehicle pursuant to this section is
guilty of a misdemeanor and upon conviction shall be punished as prescribed by
law."
(3)
Failure to provide the required proof will be sufficient reason for the
Department of Revenue to deny registration.
(4)
Anyone who is denied registration as a non-resident may appeal to the
Administrative Law Division of the Department of Revenue pursuant to Section
40-2A-8, Code of
810-5-1-.482. Classification
Codes for License Plates.
(1) The Commissioner of Revenue is of the opinion
that Section 32-6-52, Code of
(2) In order to determine if vehicles are bearing
the proper license tag classification of the Commissioner of Revenue has
determined that a code should be established for each classification and
imprinted on the license tag.
(3) The following are designated as
classification codes.
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BB |
Battleship
Commission |
D |
Dealer
and Dealer Motorcycles |
DT |
Dealer
Transit |
|
CO |
County
Owned Vehicles |
CM |
County
Owned Motorcycles |
F |
Farm
Products |
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FT |
Fleet
Rental Trailers |
HS |
Helping
Schools |
K |
Commercial
Hearses and Ambulances |
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L |
|
M |
Motorcycles |
MOH |
Medal of
Honor |
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MU or MUN |
City
Owned Vehicles |
MM |
City
Owned Motorcycles |
POW |
Prisoner
of War |
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PUD |
Public
Utilities |
Q |
Commercial
Buses |
R |
Motor
Homes |
|
RS |
Rescue
Squad Unit and Member Vehicles |
RT |
Rental
Trailers |
S |
State
Owned Vehicles |
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ST |
State
Troopers |
T |
One year
Apportioned Trailers |
TR |
One year
Non-Apportioned Trailers |
|
TM |
Multi-Year
Trailers |
TL |
Travel
Trailers |
UT |
Utility
Trailers |
|
X |
Trucks
and Truck Tractors over 8,000 lbs. Gross Weight |
XL |
Restricted
Tractors |
Z |
Commercial
Taxis |
(Authority: §§32-6-52,
32-6-53, 40-12-241, 40-12-242, 40-12-245, 40-12-246, 40-12-247, 40-12-248 and
40-12-252, Code of Alabama 1975) (Adopted January 28, 1992)
810-5-1-.483. Staggered
Registration of Motorcycles, Travel Trailers and Utility Trailers.
(1) WHEREAS, Section 32-6-61, Code of
(2) WHEREAS, the majority of motor vehicles
defined as motorcycles, utility trailers and travel trailers are owned by
individuals for their private use; and
(3) WHEREAS, county license plate issuing
officials have requested that these vehicles be renewed/revalidated based on
the first letter of an individual's last name the following procedures are
hereby adopted.
(4) Beginning October 1, 1994, license tags or
plates issued to motorcycles, travel trailers and utility trailers owned by
individuals shall be issued on a staggered registration basis and in the same
month as that designated to purchase standard license plates for their private
automobiles and pickup trucks.
(5) To implement these provisions, the licensing,
registration and taxation may be for periods less than or greater than 12
months during the conversion year beginning October 1, 1994.
(6) In accordance with Section 32-6-63, renewal
decals shall be issued to these license plate categories the same as for
standard license plates for private automobiles and pickup
trucks. (Authority: §40-2-11) (Adopted April 25, 1994)
810-5-1-.484 Licensing, Registration, Expiration, Etc.
(1) The licensing, registration, ad valorem taxation of
International Registration Plan (IRP) vehicles shall be on a monthly, staggered
basis. When fees are paid and all other
registration requirements for a vehicle(s) are met, registration credentials
will be issued to the registrant.
(2) The
Department of Revenue assigns renewal months to registrants in order to ensure
that registrations are equally distributed in order to establish a more
efficient registration system.
(3)
Vehicles registered under the International Registration Plan staggered
registration system are reregistered during the months of January through
October.
(4)
All IRP registrations expire on the last day of
the month assigned by the Department as the renewal month for the
vehicle/fleet; provided, if the last day of the month falls on a Saturday,
Sunday, or state holiday, the IRP registrations expire on the day following
the first business day of the succeeding month.
(5) Anyone
who has paid apportioned registration fees prior to the upcoming registration
year whose vehicle is subsequently sold, or otherwise disposed of prior to the
upcoming registration year, or anyone renewing a vehicle which is wrecked and
destroyed prior to the upcoming registration year, may file an application for
refund of the registration fees paid; or may request the transfer of the
registration to a vehicle not previously registered or to a newly acquired
vehicle during the current registration year.
(6) To expedite the receipt of registration
credentials, the renewal apportionment application shall be filed during the
intermediate dates of the first day of the month immediately preceding the
renewal month through the 15th day of the renewal month. Payment should be received by the Department
of Revenue Motor Vehicle Division by no later than the 20th day of
the renewal month. (Authority: Sections
40-2A-7(a)(5), 32-6-61, 32-6-62 and 32-6-56, Code of Alabama 1975) (History: Filed August 17, 1994, effective September 21, 1994.
Amended: Filed February 14, 2003,
effective March 21, 2003. Amended: Filed
June 2, 2006, effective July 7, 2006.
810-5-1-.485. Implementation
of the Federal Driver's Privacy Protection Act (DPPA).
(1) As used in
this rule, the following words and phrases shall have the following meanings:
(a) Department.
The Alabama Department of Revenue.
(b) Agents
or contractors. The various county officials responsible for the
issuance of motor vehicle registrations and license plates and handicap parking
credentials, and responsible for accepting applications for certificate of
title; and other persons appointed by the Department as Designated Agents
to perform duties under the Alabama Certificate of Title and Antitheft Act;
further more, this term shall include any vendors having access to
departmental records or files. This term shall not refer to persons who acquire
registration and title information from the Department in accordance with
provisions herein adopted.
(c) Disclose.
To engage in any practice or conduct to make available and made known personal
information contained in a motor vehicle record about a person to
any other person, organization or entity, by any means of communication.
(d) Individual Record. A motor vehicle record containing
personal information about a designated person whom is the subject of
the record, as identified in a request.
(e)
Motor Vehicle Record . Any record that pertains to an individual's
Alabama motor vehicle operator's or driver's license or permit, registration
record, handicap parking credential, an individual's motor vehicle title
application, or to an individual's title issued by, or pending issuance,
by the Department or agency authorized to issue any of such forms or
credentials.
(f)
Personal information. Information that identifies a person,
including an individual's social security number, name, address (but not
the 5-digit zip code), telephone number, and medical or disability information.
(g)
Record. Includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic
data, printouts or other documentary materials regardless of physical form or
characteristics.
(2)
Prohibition on disclosure and use of personal information from state
motor vehicle records.
(a)
Section 2721(a) of the Federal Driver's Privacy Protection Act of 1994 [DPPA]
(Title XXX of Public Law 103-322), reads as follows: "In General - Except
as provided in subsection (b), a State department of motor vehicles, and any
officer, employee, or contractor, thereof, shall not knowingly disclose or
otherwise make available to any person or entity personal information about
any individual obtained by the department in connection with a motor
vehicle record."
(b)
The Department interprets this section as providing that the disclosure
restrictions are applicable to motor vehicle records of individuals, and
not applicable to motor vehicle records of proprietorships, partnerships,
corporations, associations, estates, trusts, limited liability partnerships or
entities other than individuals.
(c)
The Department hereby affirms that unless the owner provides express consent
for the release of motor vehicle registration or title records, the records
may not be released for marketing purposes under the provisions of the Permitted
Disclosures paragraph of this rule. Release of personal information for
non-marketing purposes can be made only in accordance with the provisions of
this rule.
(d)
The Department prohibits the release of any information on a motor vehicle
record relating to an individual(s) medical or disability status, without
express consent of the individual to whom the information pertains, except for
uses permitted under Section 5 (a), (d), (f) and (i).
This includes, but not limited to, information relating to a Handicap parking application
or issuance of a Handicap distinctive tag or placard.
(e)
The Department interprets Section 350 of Public Law 106-69 of the federal
Driver's Privacy Protection Act as prohibiting the release of any specialized
listing, printout, or document revealing an individuals name and address as it
relates to a specific group(s) or individual(s) for marketing purposes
including notices of appreciation unless express written consent of the
individual is obtained. This specialized listing may include, but is not
limited to, individuals that have acquired collegiate, commemorative,
distinctive, military, organizational or personalized tags.
(3)
Required disclosure.
(a)
Personal information, as defined in Paragraph 1(f), shall be disclosed
for use in connection with matters of motor vehicle or driver safety and theft,
motor vehicle emissions, motor vehicle product alterations, recalls, or
advisories, performance monitoring of motor vehicles and dealers by motor
vehicle manufacturers, and removal of non-owner records from the original owner
records of motor vehicle manufacturers to carry out the purposes of the Federal
Automobile Information Disclosure Act, 15 USC 1231 et seq., the Motor Vehicle
Information and Cost Saving Act, 15 USC 1901 et seq., the National Traffic and
Motor Vehicle Safety Act of 1966, 15 USC 1381 et seq., the Anti-Car Theft Act
of 1992, 15 USC 2021 et seq., and the Clean Air Act, 42 USC 7401 et seq., as
amended, and all statutes and agency regulations enacted or adopted pursuant to
the authority of, or to attain compliance with, the said Acts of Congress.
(4)
Disclosure with Consent.
(a)
Personal information referred to in Paragraph 1(f), may be disclosed to
any requester, if such person demonstrates, by furnishing a complete request
form, or by providing some other document which has been signed by the
person(s) requesting the information, and by the person whose personal
information was requested, giving consent to the release of the information.
Release documents are not to be considered as perpetual; new lease forms must
be filed for each request.
(b)
Personal information referred to in Paragraph 1(f) may be disclosed to an
Executor(s), Executrix(s), Administrator(s), Administratrix(s),
Conservator(s), Trustee(s), or other authorized requesting official, if such
person(s) provides legal documentation substantiating authority to act in
behalf of an individual. Legal documentation may be, but not limited to, a
Power of Attorney, Letters of Administration, Letters of Testamentary, Letters
of Conservatorship, and Trust Agreements. Legal
documentation must be current and dated within 12 months from the date of the
request for personal information.
(5)
Permitted disclosures. Personal information, as defined in
Paragraph 1(f), may be disclosed to any person by the Department on
proof of the identity of the person requesting a record or records and
representation by such person that the use of the personal information will be
strictly limited to one or more of the following described uses:
(a)
For use by any government agency, including any court or law enforcement
agency, in carrying out its functions, or any private person or entity acting
on behalf of a government agency in carrying out its functions.
(b)
For use in connection with matters of motor vehicle or driver safety and theft;
motor vehicle emissions; motor vehicle product alterations, recalls, or
advisories; performance monitoring of motor vehicles, motor vehicle parts and
dealers; motor vehicle market research activities, including survey research;
and removal of non-owner records from the original owner records of motor
vehicle manufacturers.
(c)
For use in the normal course of business by a legitimate business or its
agents, employees, or contractors, but only-
1.
to verify the accuracy of personal information submitted by the individual to
the business or its agents, employees, or contractors; and
2.
if such information as so submitted is not correct or is no longer correct, to
obtain the correct information, but only for the purposes of preventing fraud
by, pursuing legal remedies against, or recovering on a debt or security
interest against the individual.
(d)
For use in connection with any civil, criminal, administrative, or arbitral
proceeding in any court or government agency or before any self-regulatory
body, including the service of process, investigation in anticipation of
litigation, and the execution or enforcement of judgments and orders, or
pursuant to an order of the court.
(e)
For use in research activities and for use in producing statistical reports, so
long as the personal information is not published, redisclosed,
or used to contact the individuals.
(f)
For use by any insurer or insurance support organization, or by a self-insured
entity, or its agents, employees, or contractors, in connection with claims
investigation activities, anti-fraud activities, rating or underwriting.
(g)
For use in providing notice to the owners of towed or impounded vehicles; as
required under Chapter 13 of Title 32 (Abandoned Motor Vehicles).
(h)
For use by any licensed private investigative agency or licensed security
service for any purpose permitted under this subsection.
(i) For use by an employer or its agent or insurer to obtain
or verify information relating to a holder of a commercial driver's license
that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC
App. 2710 et seq.);
(j)
For use in connection with the operation of private toll transportation
facilities.
(k)
For bulk distribution for surveys, marketing or solicitations, if the
department has obtained the express consent of the person to whom such personal
information pertains.
1.
The Department interprets this section as not prohibiting the release of
non-personal information for marketing or other legal purposes in
regards to a motor vehicle record. "Non-personal information includes any
information relating to the vehicle description, issuance dates and expiration
dates of motor vehicle records, and data other than personal data as defined in
Paragraph 1(f). The Department interprets this section as pertaining only to an
individual's motor vehicle records, and not applicable to motor vehicle
records pertaining to proprietorships, partnerships, corporations,
associations, estates, trusts, limited liability partnerships, limited
liability corporations, or other non-individual entities.
(l)
For any other use in request for individual motor vehicle records, if the
department has obtained the express consent of the individual to whom such
personal information pertains.
(m)
For any other use specifically authorized by law that is related to the
operation of a motor vehicle or public safety.
(6)
Obtaining registration and title information under Permitted Disclosures
(Paragraph 5):
(a)
The Alabama Department of Revenue may provide personal information as
authorized under Paragraph 5 ("Permitted Disclosures") upon receipt
of a Form MVDPPA1 from any person qualified to receive the information;
provided, that any court, or governmental entity, including law
enforcement officials, may request the information via written
correspondence on agency letterhead, or by subpoena, or by telephone if the
requesting party provides their Originating Agency Identifier ("ORI
number").
(b)
County officials involved in the issuance of motor vehicle registrations,
handicapped parking credentials, or accepting applications for certificate of
title may provide the requested information as provided under Paragraph 5,
except sub-paragraph (k), upon receipt of a Form MVDPPA1C wherein the requester
provides evidence of his/her qualification to receive the personal information in
accordance with Paragraph 5 and the Driver's Privacy Protection Act.
Provided, information received concerning an individual's request for handicap
parking credentials shall only be provided under the provisions of Paragraph 5
(a), (d), (f), and (i). County license plate issuing
officials are not authorized with the effective date of this rule to
provide personal information regarding individuals to anyone requesting
the information; the providing of data must be in accordance with federal law
as provided in this rule.
(c)
The department may enter into a signed contract to release registration and
title data for requests under Paragraph 5. If approved, the following
procedures are applicable.
1.
Motor vehicle registration and title data will be released in its entirety.
There will be no selective releases.
2.
The department will enter into a signed contract with the approved requester
wherein a uniform set fee for all releases will be provided.
3.
For any private company requesting data under Paragraph 5, the contract will
state the restrictions as to use and retention of the data (and to whom
provided) in accordance with the provisions of the Driver's Privacy Protection
Act.
4.
The department will indicate on the registration and title data which records
have been authorized by express consent of the individual for release for
marketing purposes under Paragraph 5 (k), and the requester is restricted to
sending marketing and solicitations only to those persons who have provided
express consent.
(7)
Disclosure-Various Provisions.
(a)
Any individual may request that the department release their motor vehicle
registration or title records for marketing purposes by providing express consent
by submitting Form MVDPPA3 to the department.
(b)
Upon written request, on Form MVDPPA1, and upon payment of the
appropriate fee, any vehicle owner may obtain from the department or an
agency or contractor thereof, a copy of the motor vehicle registration and/or
title record for any vehicle he/she presently owns or previously owned
to the extent that the registration or records indicate ownership by that
individual. The appropriate fee charged will be in accordance with Code of
(c)
The Department interprets Section 2721(b)(1), which authorizes the use of
personal data by "any governmental agency...in carrying out its
functions", as permitting the release of personal information to an
individual who acquires a motor vehicle and it is subsequently determined that
the certificate of title is missing a signature of a previous owner or motor
vehicle dealer, and said new owner must contact the individual who failed to
provide the required signature.
(8)
Resale or Redisclosure.
(a)
An authorized recipient of personal information under subsection (k) of
Paragraph 5, may not resell or redisclose the
information. Any company receiving information under subsection (k) shall not
resell listings of persons who have obtained handicap license plates as
a distinct listing category because to do so would be in violation of the DPPA
provisions against disclosing medical problems of such registrants.
(9)
Effective date: The provisions of this rule shall become effective June
1, 2000. (Authority: Section 40-2A-7(a)(5), Code of Alabama 1975, Public Law
103-322, Federal Driver's Privacy Protection Act) (History: New rule: Filed
October 13, 2000, effective November 17, 2000)
810-5-1-.486 Memorandum of Understanding Between the Administrative Office of Courts and the Alabama Department of Revenue. The Department of Revenue may provide to the Administrative Office of Courts motor vehicle title and registration data contained within the motor vehicle title and registration databases. The Department of Revenue’s purpose in providing such data is solely to assist the Administrative Office of Courts in providing information to courts and the law enforcement community within Alabama as well as the federal law enforcement community to facilitate the resolution of parking ticket cases and other law enforcement related matters. The Administrative Office of Courts agrees to require its personnel with access to the motor vehicle title and registration data to sign a Form COM:103 entitled “Non-Employee Confidentiality and Disclosure Statement” or its equivalent. Every person who signs the Form COM:103 or its equivalent shall be responsible for ensuring that access to the data is for official purposes only and use of such data for any other purposes than those specifically enumerated herein could be a violation of the federal Driver’s Privacy Protection Act; also, that the improper use of the information could constitute a violation of the Alabama Computer Crime Act. (Authority: Section 40-2A-7(a)(5), Code of Alabama 1975) (History: Adopted November 20, 2000, effective December 25, 2000); (Amended: Filed October 4, 2006, effective November 22, 2006).
810-5-1-.487
Memorandum of Understanding Between the Administrative Office of Courts and
the Alabama Department of Revenue - Convictions/Violations of Liability
Insurance Laws.
In order to assist court officials
in performing their statutory duty of providing to the Department of Revenue
reports of convictions pursuant to Section 32-7A-16 and Section 32-7A-17 (Act
No. 2000-554). The Administrative Office of Courts may provide the information
to the Department on behalf of the courts. The Department of Revenue is restricted
to using that data exclusively in the administration of Chapter 7A of Title 32,
and specifically in order to randomly sample persons who have been convicted
during the previous four year period of violating laws requiring vehicle owners
to obtain and display proof of liability insurance. The Administrative Office
of Courts further agrees to retain within its records of conviction(s) when
forwarding information concerning the current conviction. This record of
previous conviction(s) is needed because the Department of Revenue is required
to suspend the motor vehicle(s) registration (s) of those persons who are found
to have multiple convictions, a minimum of four (4) months before
reinstatement, and the Department is also required to collect a higher reinstatement
fee for persons determined to have had multiple convictions of operating a
motor vehicle on the street and highways of Alabama without first obtaining the
necessary liability insurance required pursuant to Code of Alabama 1975,
§ 32-7A-1. et seq.. The Administrative Office of Courts and the Department of
Revenue agree to facilitate the submission and the receipt of such information
through electronic methods. As the information regarding convictions is public
record, personnel with the Department of Revenue are not required to sign
(Anti) Disclosure Statements with the Administrative Office of Courts. However,
the Department of Revenue considers the information confidential as provided in
Section 32-7A-21, and accordingly, will keep the information confidential and
disclose the data only as necessary in the administration of Chapter 7A of
Title 32. (Authority: Sections 40-2A-7(a)(5) and 32-7A-3(a)) (Adopted November
20, 2000, effective December 25, 2000)
810-5-1-.488
Memorandum of Understanding Between the Finance Department and the Alabama
Department of Revenue.
The Department of Revenue may allow
access into the Department’s motor vehicle registration and certificate
of title databases to the Finance Department’s Office of Fleet
Management. The purpose of this access is limited to providing information
necessary in performance of its various duties. The Finance Department’s
Office of Fleet Management agrees to be responsible for the access and
dissemination of data by personnel within its agencies. The Finance Department
agrees to require its personnel with access to the motor vehicle registration
and title data to sign a Disclosure Statement acknowledging that the use of the
data is to be confined solely to the legitimate administration of its programs.
Personnel within the Finance Department’s Office of Fleet Management with
access to the data are to be advised that use of such data for other purposes
could be a violation of the federal Driver’s Privacy Protection Act;
also, that the improper use of the information could constitute a violation of
the Alabama Computer Crime Act. (Authority: Section 40-2A-7(a)(5)) (History:
Adopted through APA December 25, 2000)
810-5-1-.489
Memorandum of Understanding Between the Alabama Department of Corrections and
the Alabama Department of Revenue.
(1) The Department of
Revenue routinely provides motor vehicle registration data to the Alabama
Department of Corrections. The purpose of providing this data is limited to
providing names and addresses of registrant(s) who have ordered personalized or
distinctive personalized license plates in order for the Department of
Corrections to ship the manufactured license plate(s) directly to the
registrant(s).
(2) The
Alabama Department of Corrections agrees to be responsible for the
dissemination of data by personnel within the department. The Alabama
Department of Corrections agrees to require its personnel with access to this
information to sign a Disclosure Statement acknowledging that the use of the
data is to be confined solely to the legitimate administration of its programs.
Personnel within the Alabama Department of Corrections are to be advised that
use of such data for other purposes could be a violation of the federal
Driver’s Privacy Protection Act; also, that the improper use of the
information could constitute a violation of the Alabama Computer Crime Act.
(Authority: Section 40-2A-7(a)(5), Code of Alabama 1975) (Adopted
February 20, 2001, effective March 27, 2001)
810-5-2-.01 Certificate
of Title Required - New Title Issued when Information on a Certificate of Title
is Changed or when Correction is Required.
(1) In any case where
there is a change in the information required to be shown on a certificate of
title or where a correction in the information shown is necessary, a new or
corrected certificate of title is required. In order to have the new or
corrected certificate of title issued, the owner shall make application for a
new certificate of title on form MVT 5-1, through a designated agent who will
forward the completed application to the Department of Revenue, where the new
certificate of title will be issued bearing a new certificate of title number.
(2) The only exception
to this rule and regulation will be for an address change for which an owner
shall file an address change notice on address change form MVT 1-1. The new
address will be shown on the records f the Department of Revenue, but will not
be shown on the outstanding certificate of title unless an application for a
new certificate of title is made by the owner in accordance with the preceding
paragraph. (Authority: §§32-8-1 through 32-8-87, Code of Alabama
1975, as amended, §32-8-3(a)(2))
Any
and all legends which appear on certificates of title issued by other
jurisdictions to disclose a pertinent fact about a vehicle or its ownership and
surrendered to this state may be continued on certificates of title issued in
this state. (Adopted August 23, 1984) (Authority: §32-8-3(b)(2), Code
of Alabama 1975, as amended)
810-5-2-.03. Returned Title Request
Form (Form MVT 5-27).
(1) The term
"Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2)
(3) Information provided
on form MVT 5-27 shall include: vehicle identification number, year model,
make, model, name of owner(s), name of first lienholder
(if any), name and mailing address where title is requested to be mailed, typed
or printed name of individual requesting title, signature of individual
requesting title, and date form was completed.
(4) If anyone other than
the owner(s) or lienholder completes form MVT 5-27
then the applicant must submit a power of attorney from the owner(s) or lienholder which authorizes the applicant to complete the
form MVT 5-27. The power of attorney must accompany form MVT 5-27.
(5) The Department shall
maintain returned certificates of title for a reasonable period of time to be
determined by the Department. The Department may issue another certificate of
title to the owner(s) or lienholder upon receipt of a
properly completed form MVT 5-27 in lieu of the title previously returned by
the United States Postal Service.
(6) No fee is required
to be submitted with form MVT 5-27. (Authority: Sections 40-2A-7(a)(5) and
32-8-3(b)(2), Code of
810-5-3-.01. Exclusion
- Mobile Home and Travel Trailer, and
Every
mobile home, trailer coach, travel trailer and house trailer as defined in Act
89-918, 1989 Alabama Legislature, Regular Session, and which is declared by the
manufacturer of those vehicles to be a 1989 and prior year model are exempt
from titling. Act 89-918 requires that only those mobile homes, travel trailers
and mobile trailers declared to be a 1990 year model by the manufacturer and
subsequent year models are required to be titled. (Authority: Act
89-918, 1989 Alabama Legislation, Regular Session) (Adopted April 25,
1990)
810-5-4-.01. Designated Agent -
Financial Institution Appointments.
A
financial institution making mortgage loans on motor vehicles, legally
authorized to do business in
810-5-4-.02. Designated Agents -
Applications for Certificate of Title. Reference: Sections 32-8-1 through
32-8-87, Code of
(1) In order to protect
the fees collected with applications for certificate of title and in order to
control accounts for disbursement of fees collected and in order to provide
adequate instructions, forms and related material, applications for certificate
of title shall not be processed and collection of fees as scheduled in the
Title Law shall not be collected by anyone other than a designated agent of the
Revenue Department.
(2) In order to comply
with Section 20 of Act 765, 1973 Regular Session of the Alabama Legislature, a lienholder may process applications for certificate of
title and collect the required fees provided he has qualified as a designated
agent of the Department of Revenue and has been assigned a designated agent
account number. (Authority: §32-8-3(a)(2))
810-5-4-.03. Collection
Of Designated Agent Fee for Applications for title Prepared by the Department.
(1) A designated agent
fee shall not be collected for applications for certificate of title prepared
by the Department for processing title files, for replacement titles,
inspections of salvage vehicles and applications by
(2) Funds received by
the Department for title processing from any source which exceeds the required
$15.00 title fee by $1.50 or less shall be retained by the Department and
deposited into the General Fund.
810-5-5-.02. Application
for Certificate of Title - Requirements for Name and Address.
No
certificate of title will be issued with more than two (2) names of owners and
one (1) address. In the event that there are more than two (2) owners, the two
(2) names and the address which will appear on the certificate, must be
determined by the owners. (Authority: §32-8-3(a)(2))
810-5-5-.04. Application for
Certificate of Title - Legal Name of Owner. Reference: Sections 32-8-1 through
32-8-87, Code of
(1) The name of the
owner to be shown in the application for a certificate of title shall be the
legal and exact name of the owner of the vehicle for which a certificate of
title is requested. Where the owner is doing business under a trade name, the
trade name may be shown following the name of the individual owner.
(2) It shall be the
responsibility of the seller, the holder of a security interest and the buyer
to see to it that the name of the owner is correct as shown in the application
for a certificate of title and is properly identified as a corporation,
partnership, association, individual, or other entity. (Authority:
§32-8-3(a)(2))
810-5-5-.05. Application
for First Certificate of Title - Certified Manufacturer's Statement of Origin
Necessary with Application. Reference: Sections 32-8-1 through 32-8-87, Code of
A certified
manufacturer's statement of origin shall be required as a supporting document
with application for an Alabama certificate of title for all new vehicles
purchased for first use in this State and which are required to be titled,
registered, and licensed in Alabama. An application for a certificate of title
for a new vehicle without the manufacturer's statement of origin will be
rejected. (Authority: §32-8-3(a)(2))
810-5-5-.06. Application for
Certificate of Title - Vehicle Identification Number on Application and
Supporting Documents. Reference: Sections 32-8-1 through 32-8-87, Code of
If
the vehicle identification number on any of the supporting documents submitted
with an application for a certificate of title is different from the vehicle
identification number on the application, the application and supporting
documents will be returned to the designated agent for correction and
clarification. (Authority: §32-8-3(a)(2))
810-5-5-.07. Application for
Certificate of Title Leased Vehicles (Including Lease/Purchase Agreements).
(1) A leasing company
which leases a motor vehicle that will be based in
(2) When a security
interest is perfected on a leased vehicle, the certificate of title shall be
mailed to the first lienholder.
(3) Designated agent
shall complete MVT 5-1C (Application for Certificate of Title) with a
typewriter or printer (BLACK INK). Application must be properly completed and
signed by the designated agent and owner (lessor) or
attorney-in-fact of owner (lessor).
(4) Supporting
Documents:
(a) Certified
manufacturer's certificate of origin properly assigned to owner (lessor), or valid certificate of title either in the name
of the owner (lessor) or properly assigned to the
owner (lessor).
(b) Power of attorney if
documents signed by an attorney-in-fact.
(c) Fee (see schedule of
Fees and Commissions).
NOTE: If
the lessee of a vehicle changes, the lessor shall
obtain a corrected certificate of title reflecting the name and resident
address of the new lessee by making application to the department and
surrendering the outstanding certificate of title and required title fee.
Registration records must also be updated. (Authority: Sections
32-8-1 through 32-8-88, Code of Alabama 1975.) (Adopted
effective December 10, 1997.)
810-5-5-.08. Application for First
Certificate of Title - Outstanding, Out-of-State, Surrendered Title Required as
Supporting Document. Reference: Sections 32-8-1 through 32-8-87, Code of
When
a motor vehicle enters this state from a title state and an application is made
for an
810-5-5-.09. Application for First
Certificate of Title - Dealer Demonstrators.
Since
the term "new vehicle" is defined under Section 32-8-2 (11) supra as
"a motor vehicle which has never been the subject of a first sale for
use" and since a "new vehicle demonstrator" used solely for the
purpose of demonstrating vehicles for sale has never been the subject of a
first sale for use, the designated agent shall identify such vehicle as a
"new demonstrator" when sold for first use by placing an
"X" in the space for Demo in the New-Used-Demo indication on the
application for a certificate of title. The application must have as supporting
documents the Manufacturer's Certificate of Origin properly assigned to the new
owner, a notarized or certified copy of the Bill-of-Sale disclosing that the
vehicle was sold as a demonstrator and, if the assignment area of the
Certificate of Origin does not conform to the odometer disclosure requirements
of the Federal Truth-in-Mileage Act of 1986, a separate and completed
conforming Federal odometer statement from the selling dealer to the applicant
must accompany the application for title. (Sections 32-8-1 through
32-8-87, Code of Alabama 1975, as amended) (Authority: §32-8-2, Code
of Alabama 1975) (Adopted September 25, 1990)
810-5-5-.10. Application for
Certificate of Title - Corrections on an Application for Certificate of Title
by the Department. Reference: Sections 32-8-1 through 32-8-87, Code of
Authorized
employees of the Department may make corrections in the vehicle information
portion of an application when the information furnished in error is not an
obvious attempt to defraud. No corrections will be made which will effect the
validity of the application or jeopardize the prosecution of an applicant
furnishing information with intent to defraud. All corrections must be proved
necessary by supporting documents. No corrections will be made to the owner information
or lienholder information portion of an application
for certificate of title since this information must be provided by an
applicant who would be subject to prosecution on a felony charge where false
information is furnished in these areas. (Authority: §32-8-3(a)(2))
810-5-5-.13. Application for
Certificate of Title - Certification of Physical Inspection of a Motor Vehicle
on Application for Certificate of Title. Reference: Sections 32-8-1 through
32-8-87, Code of
(1) The application for
certificate of title, Form MVT 5-1, is a multi-purpose form required for
various transactions. A new application is necessary for each transaction which
requires that a new title be issued. A new title with a new number revokes any
previous title.
(2) A physical
inspection of a motor vehicle and verification of the vehicle identification
number and the descriptive data shown on the application is required only for
first certificates of title, including certificates of title for the following:
(a) New Vehicles -
Application for first title.
(b) Out-of-State
Vehicles - Brought into
(c) Other Vehicles - Not
currently titled in
(3) Where a currently
valid
(4) The application for
a certificate of title, Form MVT 20-1, may only be used as a notice of security
interest to record a lien on a vehicle previously titled in
810-5-6-.01. Issuance
and Records - Abbreviations Used in Data Entry. Reference: Sections 32-8-1
through 32-8-87, Code of
Where
the information describing a motor vehicle or the name and/or address of an
owner, dealer, lienholder or designated agent is too
long to be recorded because of the mechanical limitations of computer entry and
record keeping, the Department may use abbreviations where
necessary. (Authority: §32-8-3(a)(2))
810-5-7-.01. Use of Duplicate Copy of
Application as Permit to Operate Motor Vehicle. Reference: Sections 32-8-1
through 32-8-87, Code of
The
duplicate copy of an application for a certificate of title will serve the
owner of a motor vehicle as a permit for its operation until the Department
either issues a certificate of title for such motor vehicle or refuses to issue
a certificate. A designated agent receiving an application for a certificate of
title, when the provisions of this Act have been otherwise complied with, shall
deliver t the applicant a duplicate copy of his application which will be his
authorization to register and license the vehicle in
810-5-8-.01 Issuance of Certificate of Motor
Vehicle Liability Bond.
(1) Section
32-7A-4, Code of
(4) The
"Motor Vehicle Liability Bond Certificate" (or legible copy thereof)
shall be displayed upon request by any law enforcement officer as provided
under Section 32-7A-6(h) in order for the officer to ascertain that the vehicle
owner or operator is covered under the provisions of Chapter 7A of Title
32. If the owner refuses or fails to
provide proof of exemption as provided in this rule, the person shall be in
violation of Section 32-7A-16.
810-5-8-.02 Issuance of Certificate of Cash Bond
and Satisfaction of Judgements.
(1) Section
32-7A-4, Code of
(2) Persons
who deposit cash with the State Treasurer in the amount of not less than fifty
thousand ($50,000.00) are covered by a certificate of cash bond, in order to
prove their coverage, shall carry within each vehicle the "Cash Bond
Certificate" (Form MV-MLI-002) (or legible copy thereof) as issued by the
Department of Revenue. The "Cash
Bond Certificate" shall contain the vehicle identification number.
(3) The
"Cash Bond Certificate" (or legible copy thereof) shall be displayed
upon request by any law enforcement officer as provided under Section
32-7A-6(h) in order for the officer to ascertain that the vehicle owner or
operator is covered under the provisions of Chapter 7A of Title 32. If the owner refuses or fails to provide
proof of exemption as provided in this rule, the person shall be deemed in
violation of Section 32-7A-16.
(5) In
the event that the minimum principal of fifty thousand dollars ($50,000.00) is
drawn upon as a result of any judgement rendered
against the principal in the cash bond or any person responsible for the
operation of the principal’s motor vehicle with his or her express or
implied consent, arising from injury, death, or damage sustained through the
use, operation, maintenance, or control of the motor vehicle within the State
of Alabama; and the principal is reduced to an amount less than the fifty
thousand dollars ($50,000.00) required by Section 32-7A-4, he/she will, within
30 calendar days, deposit cash with the State Treasurer in an amount sufficient
to meet the requirements of Section 32-7A-4.
(6) In
the event that the person to whom a "Cash Bond Certificate" is issued
elects to withdraw the funds deposited with the State Treasurer, that person
will do so on Cash Bond Withdrawal Request (Form MV-MLI-003). These funds will be held for a period of
sixty (60) calender days prior to the release of the
funds. If during this sixty day period,
the department is notified of pending ligation of judgement rendered against the principal in the cash bond
or any person responsible for the operation of the principal’s motor
vehicle with his or her express or implied consent, arising from injury, death,
or damage sustained through the use, operation, maintenance, or control of the
motor vehicle, said funds will be held until such time that all pending claims
against the fund has been resolved.
(Authority: Sections
40-2A-7(a)(5) and 32-7A-3(a)) (Adopted through APA April 26, 2001)
Section 32-7A-6(b)(3) and (f)(8), Code of
810-5-8-.04 Registration Denial–Mandatory
Liability Insurance Law.
(2) If
a vehicle owner, or someone authorized to register a motor vehicle on behalf of
the vehicle owner, fails or refuses to affirm that the vehicle(s) for which
registration is being sought is insured, the registration official shall refuse
to register the motor vehicle(s).
(5) In
the event that a vehicle owner, or someone authorized to register a motor
vehicle on behalf of the vehicle owner, informs that an insurer not qualified
to transact business in
(6) In
the event that a vehicle owner, or someone authorized to register a motor
vehicle on behalf of the vehicle owner, informs that the vehicle(s) for which
registration is sought is exempt from insurance requirements pursuant to
Section 32-7A-5, the official may require evidence that an exemption is
applicable to the vehicle(s), and, if no evidence is provided, the official may
refuse to register the vehicle until such evidence of exemption is produced and
provided to the official.
(7) If
an official denies registration, and subsequently the vehicle owner, or someone
authorized to register a motor vehicle on behalf of the vehicle owner, is able
to affirm that the vehicle(s) is insured to the satisfaction of the official,
then the official may issue the registration.
If the delay in registering the vehicle places the vehicle owner into a
delinquency situation, the appropriate penalties, interest, etc., must be
collected as a prerequisite to the issuance of the registration. Furthermore, if the registration is denied,
the vehicle owner may incur law enforcement sanctions if the vehicle is
operated with an expired registration or without registration credentials.
(8) In
the event it is determined that a vehicle owner, or someone authorized to
register a motor vehicle on behalf of the vehicle owner, provides an
affirmation of insurance when the vehicle is not insured, the vehicle owner,
upon conviction, may be subject to the sanctions of Section 40-12-8 for
“knowingly making a false affidavit or certificate in connection
with…anything in this state for which a license is
required….” (Authority: Sections 40-2A-7(a)(5) and 32-7A-3(a))
(Adopted through APA March 22, 2001, effective April 26, 2001)
(a) The
vehicle year model;
(b) The
vehicle make;
(c) The
vehicle identificationnumber (VIN) - unless the card
is issued for a fleet policy or for a non-vehicleowner
as provided in Section 32-7A-6(c);
(d) The
name of the insured(s);
(e) The
National Associationof Insurance Commissioners (NAIC)
code of the insurer;
(f) The
policy number;
(g) The
effective date and expirationdate, which shall cover
a period of time not to exceed 12 months.
(2) These
provisions shall beeffective January 1, 2001.
Provided, the provision regarding the NAIC codeshall
be effective as insurers issue or reissue insurance cards during 2001and
thereafter.
(3) Nothing
in this rule shallpreclude insurers from adding other
information on the insurance card.
(4) Temporary
insurance cardsshall not be required to have the
policy number but shall contain all otherrequired
information.
(5) Insurers
shall not issuea card similar in appearance, form and
content to the insurance card requiredin Section
32-7A-6 in connection with an insurance policy that does notprovide
the insurance coverage required under Section 32-7A-4, Code of Alabama1975.
(Authority: Sections 40-2A-7(a)(5) and 32-7A-3(a)) (Adopted throughAPA
April 26, 2001, effective May 31, 2001)
810-5-8-. 06 Affirmation of Motor Vehicle
Liability Insurance.
(5) The
Department interprets the provisions of Section 32-7A-10(b), providing for the
refusal to register, as being a mandatory action of the issuing official. If it is found that such official registered
the vehicle contrary to the provisions of Section 32-7A-10(b), said official
could loose the immunity provided in Section 32-7A-13.
(2) Anyone
seeking the refund of reinstatement fees paid shall complete an Application for
Refund of Reinstatement Fees (Form MV-MLI-006) and submit the
application to the Department for processing.
In completing the Form, detail must be provided as to the reason the
requester believes that he/she is entitled to the refund and any supporting
evidence be provided (for example, provide copies of two separate remittances
for the reinstatement of the same vehicle).
810-5-8-.09 Affirmation of Motor Vehicle Liability Insurance for
Apportioned Vehicles; Driver’s License or FEIN Required; Registration
Denial.
(1) Section
32-7A-10(d), Code of
(3) The
Department will also place on the application form an area for
810-5-8-.10 Random Sampling, Questionnaire Form, Notice
of Suspension, and Procedures to be Followed.
(2) On
a weekly basis, or as the Department determines, the randomly
(f) The effective date of the
insurance policy;
(7) In
accordance with Section 32-7A-7(f), any vehicle owner failing to respond to the
questionnaire “shall be deemed to have registered or maintained
registration of a motor vehicle in violation of Section 32-7A-4,” and the
Department may suspend the registration.
(13) If a vehicle owner receives the
“Notice of Suspension” and the vehicle
810-5-8-.11 Administratively Removing Suspensions.
810-5-9-.01 International Fuel Tax Agreement.
Pursuant to the authority granted the
Commissioner of Revenue under Section 40-17-271(c) of the Code of Alabama
1975, the Commissioner hereby incorporates into this rule, by its
reference, the following documents: The Articles of Agreement of the International
Fuel Tax Agreement (IFTA), the IFTA Procedures Manual, and the IFTA
Audit Manual (effective July 1, 1998), each in its entirety, with all
modifications and revisions previously and henceforth to be adopted. A complete and current copy of each document
shall be maintained for public inspection at the offices of the Alabama
Department of Revenue, Motor Vehicle Division, Room 1216,
(1) An applicant desiring to, and qualified to,
obtain Alabama IFTA credentials is required to annually submit an Application
for License, FORM MV: IFTA-1, and proper remittance to the Alabama
Department of Revenue.
(2) The following information must be provided by
the applicant on the
Application for License before Alabama IFTA credentials may be
issued:
(a) Applicant’s Legal Name. If the business is individually owned, enter
the owner’s name. If the business
is a partnership, enter the legal name of the partnership. If the business is a corporation, enter the
legal name exactly as it is registered with the Secretary of State for the
State of
(b) Applicant’s Federal
Employer’s Identification Number (FEIN) or, in the event the applicant is an individual just beginning
business, and has not yet received the business FEIN, the Social Security
Number;
(c) International Registration Plan (IRP)
Account Number, if applicable;
(d) USDOT Number, if applicable;
(e) Trade Name, if applicable;
(f) Application Type. Indicate whether the
application is an original or renewal;
(g) Mailing Address;
(h) City;
(i) State;
(j) Zip Code;
(k) Applicant’s Telephone Number, including
the area code;
(l) Applicant’s Fax Number, if
applicable, including the area code;
(m) Contact Person. This should be an individual who can answer
questions regarding the application and/or IFTA quarterly fuel use tax returns;
(n) Business
Address (Physical Location). P.O. Boxes
are not permitted as part of the Business Address. The applicant must indicate the
(o) Type of Ownership. Indicate whether the business is owned by an
individual, partnership, corporation,
LLC or other type of entity, specifying the entity type;
(p) Owner(s) Information. List all partners, corporate officers, or
managing members. Include the title of the individual(s) listed and home
addresses. Social Security Numbers are
optional;
(q) Types of Fuel Used;
(r) Number of qualified motor vehicles in
the fleet;
(s) Whether an IFTA license from a
jurisdiction other than
(t) Whether the IFTA license has ever been
suspended or revoked. If yes, list the
jurisdiction(s) in which the suspension or revocation occurred;
(u) Whether someone other than the owner or
company employee prepares and signs the IFTA quarterly fuel use tax
return. If yes, provide the name,
address, and telephone number of the preparer.
(v) The number of qualified motor vehicles requiring
IFTA decals and the
appropriate decal fee due;
(w) The jurisdictions in which the qualified
motor vehicles will operate. The
applicant must operate the qualified motor vehicles in at least two IFTA
jurisdictions in order to qualify under the provisions of the Agreement;
(x) The jurisdiction(s) in which bulk fuel
storage is maintained, if applicable;
(y) Signature. The application must be signed by all
partners, one
corporate officer, or a managing member listed on the Application
for License form. If the entity is a limited liability
corporation (LLC), an authorized agent may sign the application. If the business is a sole proprietorship,
the owner must sign the application. An
attorney or agent of the taxpayer may sign the Application for License form
provided this action is specifically authorized by a power of attorney. All signatures must be original; photocopies
and faxed copies will be returned.
(3) Failure on the part of the applicant or
the applicant’s representative (e.g., reporting services) to provide all
information requested on the Application for License form will result in
the application being rejected and returned to the applicant for correction.
(4) In order for an application for an Alabama
IFTA license to be approved, the applicant must not have any delinquent IFTA
quarterly fuel use tax returns or outstanding liabilities.
(5) Rejected applications will be returned, by
the Department, to the mailing address provided on the application, accompanied
by Form MV:IFTA-REJECT outlining the reason(s) the application was rejected.
(6) Applicants
may appeal the denial of an IFTA license by filing a notice of appeal with the
Department's Administrative Law Division pursuant to Section 40-2A-8, Code of
810-5-9-.05 Credentials in Lieu of IFTA Decals.
(1) In lieu of qualified motor vehicles
displaying the annual decals, carriers may have in their possession a valid
temporary permit or a valid trip permit as authorized by the International Fuel
Tax Agreement.
(2) In order for a carrier to obtain a
temporary permit, an Application for License (Form MV: IFTA-1) or a Request
for Additional IFTA Decals (Form MV:IFTA-5), must be submitted to the
Alabama Department of Revenue with the decal fee. If the submitted forms are
complete, the account is current (i.e., no delinquent reports or outstanding
liabilities), the remittance is received, and the vehicle information is
provided, a temporary permit will be issued to the carrier.
(3) The applicant must submit the following
vehicle information in order to receive a temporary permit:
(a) Vehicle Identification Number (VIN);
(b) Make of Vehicle;
(c) Year of Vehicle.
(4) The carrier shall carry a legible copy of
the IFTA license, issued to the carrier, in the qualified motor vehicle in
addition to the temporary permit. These
credentials will render the vehicle in compliance with the Agreement during the
30-day period until the carrier receives and affixes the annual decals.
(5) The temporary permit will contain the
following information:
(a) Carrier’s Name;
(b) Account Number;
(c) Mailing Address;
(d) City;
(e) State;
(f) Zip Code;
(g) Issue Number;
(h) Issue Date;
(i) Expiration
Date;
(j) Issue Clerk;
(k) Year of Vehicle;
(l) Make of Vehicle;
(m) Vehicle Identification Number.
(6) There is not a separate fee for the purchase
of temporary permits because the permit serves as a temporary decal until the
annual decals can be affixed to the qualified motor vehicle(s).
(7) An
(a) Issue Date;
(b) Expiration Date;
(c) Operator’s Name;
(d) Current License Number (vehicle tag
number);
(e) Mailing Address;
(f) City;
(g) State;
(h) Zip Code;
(i) State where
the vehicle is registered;
(j) Year of Vehicle;
(k) Make of Vehicle;
(l) Vehicle Identification Number;
(m) Owner’s Name;
(n) Date Issued;
(o) Issued by;
(p) Agent;
(8) An
(9) The fee
for
(10) Any qualified motor vehicle failing to display the
current annual decals, a current temporary permit, or valid trip permit will be
found to be in violation of the Agreement, and the vehicle operator will be
subject to citations and fines in accordance with Section 40-17-155, Code of
810-5-9-.06 Request for Additional IFTA Decals.
(1) An
IFTA licensee may request additional IFTA decals by providing a completed
Request for Additional Decals form
MV:IFTA-5 and decal fee(s). The Request for Additional IFTA Decals,
form will include the following information:
(a) Company name and mailing address, including
DBA; if applicable;
(b) Total number of decal sets needed;
(c) Total amount due;
(d) IFTA
Account Number and Fleet Number;
(e) Signature;
(f) Date;
(g) Telephone
number, including the area code.
(2) In
order for the Request for Additional IFTA Decals to be approved, the
applicant must not have any delinquent IFTA quarterly fuel use tax returns or
outstanding liabilities. Either occurrence
will be grounds for rejecting the request.
(3) Rejected
requests will be returned, by the Department, to the mailing address provided
on the request form, accompanied by a Form MV: IFTA-REJECT outlining the
reason(s) the request was rejected.
(4) IFTA
licensees may appeal the denial of an additional decal request by filing a
notice of appeal with the Department's Administrative Law Division pursuant to
Section 40-2A-8, Code of
810-5-9-.09 IFTA Decals – Fees,
Accountability, Transferability.
(1) The fee, if any, for a set of Alabama
IFTA decals is to be determined by the Commissioner of Revenue.
(2) During an audit, the licensee will be
required to account for all decals issued, including unused decals.
(3) IFTA decals shall not be transferred
between licensees or qualified motor vehicles.
(Authority: Sections 40-2A-7(a)(5) and 40-17-271(c), Code of Alabama
1975) (History: New rule: Filed
November 28, 2001, effective January 2, 2002; Amended: Filed January 29, 2007, effective March 5, 2007)
810-5-9-.10 IFTA Quarterly
Fuel Use Tax Returns.
(1) Each Alabama licensee shall file calendar quarterly fuel use tax returns with the Alabama Department of Revenue. Pursuant to 40-30-4, Code of Alabama 1975, the department shall have the authority to accept electronically filed returns.
(2) Effective April 1, 2009 quarterly fuel use tax returns are required to be filed electronically.
(3) The following is the required information to be reported.
(a) Name and mailing address of the jurisdiction issuing the return;
(b) The IFTA license number of the licensee;
(c) The name and address of the licensee;
(d) The total distance traveled in all jurisdictions during the reporting period, including operations with trip permits;
(e) Total fuel consumed in all jurisdictions during the reporting period;
(f) The reporting quarter of the return;
(g) The average fuel consumption factor, (i.e., MPG), to two decimal places for the reporting period;
(h) The fuel type(s) being reported for the reporting period;
(i) Columns to report in which jurisdiction(s) travel occurred;
(j) Columns for reporting for each jurisdiction in order (with rounding provided to the nearest whole unit);
(k) Tax rate;
(l) Total distance;
(m) Total taxable distance;
(n) Taxable gallons;
(o) Tax paid gallons;
(p) Net taxable gallons;
(q) Tax due;
(r) Interest due;
(s) Total due;
(t) Totals for the columns that are listed above;
(u) Penalty or late filing fees;
(v) The total remittance of the return;
(w) The date of the submitted return;
(x) An electronic signature of the person filing the licensee’s return;
(y) The title of the person filing the licensee’s return;
(z) The telephone number of the person filing the licensee’s return;
(aa) Previous balances may be included.
(4) The quarterly fuel use tax returns are due by the last day of April, July, October, and January following the calendar year quarters. The returns will be considered timely filed if filed electronically and payment is received on or before the due date associated with each quarter. Provided, if the last day of the month falls on a Saturday, Sunday, or holiday, the return may be filed on the first work day of the following month without penalty.
(5) Penalty and interest will apply to returns filed, and payments received after the due date. A penalty will be charged for the following reasons:
(a) failing to file a return;
(b) filing a late return;
(c) underpayment of taxes due.
(6) Interest and penalty shall be assessed at a rate provided by the IFTA.
(7) All tax, interest, and penalties due shall be included in one payment to the Alabama Department of Revenue. Pursuant to Section 41-1-20(b)(2)(a), Code of Alabama 1975, payments for any taxes, fees and other obligations that are collected or administered by the Department of Revenue in the amount of seven hundred fifty dollars ($750.00) or more shall be paid electronically.
(8) Failure to comply with the provisions of this rule may result in additional penalties pursuant to Sections 40-17-144 and 40-17-155, Code of Alabama 1975. (Authority: Sections 40-2A-7(a)(5), 41-1-20(b)(2)a, 40-30-4, 40-30-5 and 40-17-271(c), Code of Alabama 1975) (New rule: Filed November 28, 2001, effective January 2, 2002; Amended: Filed November 8, 2006, effective December 13, 2006; Amended March 11, 2009, effective April 15, 2009)
(1) A carrier may receive replacement decals
upon submitting a notarized affidavit to the Alabama Department of
Revenue. The affidavit must contain the following:
(a) County
of the business location;
(b) Name
of licensee;
(c) Mailing
address of licensee;
(d) Reasons
why replacement decals are being requested;
(e) Date;
(f) Signature;
(g) Title;
(h) IFTA
Account Number;
(i) The Affidavit must be notarized.
(2) The
Department will replace decals based upon reasonable cause as outlined in the
affidavit. The decals must have been in
transit, to the licensee, for a reasonable length of time before the Department
will process the decal replacement request.
(3)
It is the responsibility of
each licensee to have the current mailing
address on file with the Alabama Department of Revenue. If the Department mails IFTA credentials to
the address provided by the licensee and the address is not correct, the
Department shall not issue replacement decals.
(4)
Should the missing decals be recovered, the licensee must immediately
forward the decals to the Alabama Department of Revenue. If the licensee fails to forward the decals, he
or she shall be guilty of a misdemeanor, and subject to fines as defined in
Section 40-12-265, Code of
(5) IFTA licensees may appeal the denial of
replacement decal requests by filing a notice of appeal with the Department's
Administrative Law Division pursuant to Section 40-2A-8, Code of
810-5-9-.13 Cancellation, Suspension, or Revocation
of an IFTA Account.
(1) A licensee who desires to cancel an IFTA
account must do so, in writing, to the Alabama Department of Revenue.
(2) The licensee may elect to either check
the “Cancel License” box on Form IFTA-100, on the IFTA quarterly
fuel use tax return or submit a letter requesting license cancellation.
(3) The licensee’s account must be in
good standing (no outstanding liabilities and/or delinquent quarterly fuel use
tax returns) before the Department will grant the cancellation request.
(4) The
licensee must surrender the IFTA credentials (i.e., license and decals) to the
Department. If, however, the decals
cannot be returned due to destruction, etc., the licensee must submit a
notarized affidavit stating the reason credentials cannot be surrendered.
(5) Failure
to comply with the provisions of paragraphs (3) and (4) above will cause the
account to remain active. A carrier will be responsible for timely filing the
quarterly fuel use tax returns for each quarter the account remains active.
(6) All
IFTA accounts are automatically cancelled by the Department if the IFTA account
is not renewed.
(7) IFTA accounts may be revoked for
outstanding liabilities, delinquent quarterly fuel tax returns, or the
revocation of the licensee's International Registration Plan (IRP) license.
(8) Upon determination that a revocation
should be made, the Department shall give written notice to the licensee to the
address provided on the licensee's most recent Application for License. The
notice will state the reason(s) for the action and will establish a hearing
date, time, and place for the licensee to offer objections.
(9) Licensees whose IFTA license is revoked may
appeal to the Administrative Law Division pursuant to Section 40-2A-8, Code
of
810-5-9-.14 Petition for Refund for Fees Erroneously
Paid for IFTA Decals.
(1) Licensees who purchase IFTA decals in
error, may be entitled to a refund of the decal fee.
(2)
Licensees requesting a refund
of decal fees must complete and submit the Petition for Refund for Fees
Erroneously Paid for IFTA Decals Form MV:IFTA-PDR; and the unused decals to the
Alabama Department of Revenue.
(3) The Petition
for Refund for Fees Erroneously Paid for IFTA Decals shall contain the following information;
(a) Name.
If the business is individually owned, enter the owner’s name. If
the business is a partnership, enter the legal name of the partnership. If the business is a corporation, enter the legal name exactly
as it is registered with the Secretary of State for the State of
(b) Taxpayer ID Number (FEIN or SSN);
(c) Doing Business As (Trade Name) if
applicable;
(d) Telephone
Number, including the area code;
(e) Address. This is the mailing address of the carrier;
(f) City;
(g) State;
(h) Zip Code;
(i) Contact
Person;
(j) Type of Ownership- Indicate whether the
business is owned by an individual, a partnership, corporation, or other type
of entity, specifying the entity type;
(k) Indicate the range of decal numbers
purchased in error. If there are skips
in the decal numbers, attach an additional sheet and list each decal number;
(l) Provide a detailed statement as to why
the petitioner believes the refund should be granted. Additional sheets may be attached if
necessary. ;
(m) Number of decals purchased in error;
(n) Total Refund amount requested;
(o) Authorized
signature, under penalties of perjury, that the petition for refund is true,
correct, and complete. If the entity is
a sole proprietorship, the owner must sign this form. If the entity is a corporation, a corporate
officer must sign. All partners must
sign if the entity is a partnership. An
agent may sign for a LLC. An attorney or
agent of the taxpayer may sign the form provided this action is specifically
authorized by a power of attorney;
(p) Title of person(s) signing the petition
for refund;
(q) Date the petition was signed;
(r) The petition must be notarized.
(4) The Petition for Refund will be denied . and returned to the petitioner if sufficient information is not
submitted.
(5) The
Department will not refund fees for used decals (i.e., decals previously
affixed to a vehicle).
(6) Refunds
will not be issued for amounts under $10.
Decal fees shall not be prorated.
(7) A licensee may appeal the denial of a
petition for refund by filing a notice of appeal in accordance with Section
40-2A-7(c)(5), Code of
810-5-17-.01. Scrapping,
Dismantling or Destroying Vehicle - Including Total Loss and/or Salvage.
(1) When a motor vehicle
titled and domiciled in Alabama is scrapped, dismantled, destroyed, salvaged or
considered a total loss as defined in Section 32-8-87, Code of Alabama 1975, as
amended, it will be the responsibility of the owner or any person acquiring
ownership (individual, company, or insurance company) to complete form MVT 41-1
(Report of Total Loss Settlement, Scrapped, Dismantled or Destroyed Vehicle and
Application for Salvage Certificate of Title),and mail or deliver to the
Department of Revenue as soon as practicable for processing. Form MVT 41-1
shall be filled out on either a typewriter or printer, using BLACK INK,
and shall contain the following information:
(a) Individual
completing MVT 41-1 must verify Vehicle Identification Number (V.I.N.) and
other vehicle information using information obtained from the outstanding certificate
of title and the vehicle being reported as salvage. If a discrepancy in the
V.I.N. is found the current titled owner must obtain a corrected certificate of
title prior to the submission of the MVT 41-1.
(b) Owner information
area must be completed using the name of individual or company that is
obtaining the salvage certificate of title. Individuals should be listed last
name first. The owner's resident address must be listed if the address is
different from the mailing address. A Post Office Box is not considered a
resident address.
(c) Lienholder
information should be completed only when there is outstanding lien on the
vehicle. If a lien recorded on the outstanding certificate of title has been
satisfied, a lien release must be provided, unless released on the certificate
of title in the space provided.
(d) Owner's
authorization for special mailing section may be completed only when there are
no outstanding liens on the vehicle.
(e) When the owner
(individual or company) making application for a salvage certificate of title
is either uninsured or self-insured, SECTION A of the MVT 41-1 must be
completed and signed by the applicant. Applicant must disclose whether the
vehicle was Wrecked, Scrapped, Recovered Theft, Dismantled, Destroyed, Or Sold
For Parts Only. Vehicles which are disclosed as Destroyed or Sold For Parts
Only cannot be rebuilt and no subsequent certificate of title will be issued
for the vehicle.
(f) When an insurance
company has declared the vehicle to be a total loss, and paid compensation to
the owner, SECTION B must be completed and signed by an authorized
representative of the insurance company. The authorized representative must
disclose whether the insurance company is making application for a salvage certificate
of title, or the owner is retaining the salvage on the vehicle, by marking the
appropriate block in SECTION B and completing the OWNER INFORMATION
accordingly.
(2) Supporting
Documents:
(a) Outstanding
certificate of title, properly assigned if necessary.
(b) Fee (see Schedule of
Fees and Commissions)
NOTE: Scrap Metal Processors Acquiring A Total
Loss Vehicle For The Purpose of Recycling Into Metallic Scrap for Remelting Purposes - Do Not Have To Obtain A Salvage
Certificate Of Title Prior To Destroying A Damaged
Vehicle. (Authority: Sections 32-8-1 through 32-8-88, Code of
Alabama 1975) (Adopted December 10, 1997)
810-5-19-.04. Security
Interest - Motor Homes. Reference: Sections 32-8-1 through 32-8-87, Code of
When
titling a motor home, where two (2) manufacturer's statements of origin are
furnished (one on the chassis and one on the house) both manufacturer's
statements of origin must be submitted and the title will be issued reflecting
the vehicle identification number of the chassis, but the security interest
will be perfected on both chassis and home. (Authority:
§32-8-3(a)(2))
810-5-19-.05. Security Interest -
Perfection on Motor Vehicles Excluded from Department Records. Reference:
Sections 32-8-1 through 32-8-87, Code of
A
security interest in a motor vehicle not required to be titled under Act 765,
cannot be perfected by filing with the Department of Revenue. A security
interest in such a vehicle may be perfected under the Uniform Commercial Code
by delivery of the required documents to the Probate Judge in the county in
which the owner resides and the vehicle is domiciled, and as added security, a
copy of these documents may be delivered to the Secretary of State, State Capitol,
810-5-26-.01. Powers of the
Department - Application for
(1) An owner of a motor
vehicle from which the manufacturer's vehicle identification number plate has
been previously removed, as required by Act 765 or by statutes of another state
or jurisdiction, must make application for an Alabama assigned vehicle
identification number on form MVT 26-3 when this vehicle is repaired, rebuilt
or remanufactured and it's operation on the public streets and highways of
Alabama would require the titling and licensing of the vehicle in this state.
(2) When making
application for an
(3) After an application
for an
(4) After an
(1) The term
"Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) Section
32-8-3(b)(4), Code of Alabama 1975 , as amended, empowers the department
to revoke the authority of any previously appointed designated agent of the
department upon finding that the designated agent has failed to faithfully
perform their duties under Chapter 8, Title 32 of the Code of Alabama 1975,
as amended.
(3) If the department
has cause to believe that a designated agent has failed to faithfully perform
their duties as set out in Chapter 8, Title 32 of the Code of Alabama 1975 , as
amended, the department shall mail to that designated agent a written notice
detailing the area or areas of alleged non-compliance, and advise him/her that
they have ten (10) calendar days from the date of the department's written
notice in which to submit a written response either refuting alleged
non-compliance or detailing the action they have taken to correct the area or
areas of non-compliance that existed.
(4) If the designated
agent fails to respond in writing to the department within the prescribed time
allotted, or fails to take the necessary action to resolve the matter to the
satisfaction of the department, a letter will be mailed to the designated agent
advising of the department's intention to revoke their authority as a
designated agent. The letter shall also serve as notice to the designated agent
of their right to appeal the department's intended action to the Administrative
Law Division of the department. The letter shall be mailed to the designated
agent, certified mail return receipt requested, at the address of record.
(5) Under Section
40-2A-8, Code of
(1) The term
"Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) The Department shall
notify in writing the owner (s) or applicant(s) and recorded lienholder(s) or lienholder(s)
reflected on the application for certificate of title of an act or proposed act
or refusal to act by the Department concerning the denial, suspension, or
revocation of a certificate of title. A taxpayer aggrieved by such act,
proposed act, or refusal to act by the Department shall be entitled to file a
notice of appeal with the Department's Administrative Law Division within thirty
(30) days of the date the Department's written notice was mailed. Such written
notice shall be mailed to the concerned party's/parties' last known address on
record with the Department, and must be mailed by either first-class or
certified mail.
(3) When filed within
the proper time frame, the appeal will be set for a hearing by the
Administrative Law Division and proceed in accordance with the provisions of
Title 40, Chapter 2A, Code of
810-5-31-.01. Schedule
of Fees and Commissions - Remittance of Fees by Personal Checks or Company
Checks of Designated Agents. Reference: Section 32-8-1 through 32-8-87, Code of
(1) The term
"Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) When applications
for certificates of title (form MVT 5-1c) are submitted to the Department by a
designated agent, the accompanying check, in payment of title fees, shall be
payable by and remitted by the designated agent who processed the applications
and this check shall be made payable to the State of Alabama Revenue
Department.
(3) A personal check
remitted for title fees payable against the account of anyone other than a
designated agent will be returned along with the accompanying applications
unless prior approval is obtained from the Department.
(4) There shall be paid
to the Department for issuing and processing documents a fee as established in
Section 32-8-6, Code of
810-5-41-.01. Salvage
- Plate Removed, Number Inscribed on Salvage; Number Furnished on Application
for
(1) When the
manufacturer's identification number plate, or Alabama replacement number plate
is removed from a motor vehicle under requirements of Section 17 or 41 of Act
765, the owner or insurance company agent removing this plate shall have the
vehicle identification number permanently inscribed on the firewall or if
firewall is not accessible, on another permanent part of the chassis in the
manner that will be easily accessible and legible for inspection by law
enforcement officers and agents of the Revenue Department.
(2) The vehicle
identification number inscribed on the vehicle as required in (1) above shall
be provided by an applicant on an application for an Alabama assigned vehicle
identification number (form MVT 26-3) in instances where the vehicle is
rebuilt, repaired, or restored for use on the streets and highways of Alabama
and which is required to be titled and registered as a motor vehicle in this
state. After installation of an Alabama assigned vehicle identification number
plate (original number with "AL" prefix) issued by the Revenue
Department, the owner of a rebuilt, repaired, or restored vehicle may then make
application for Alabama certificate of title using the new Alabama assigned
vehicle identification number.
(3) The original
manufacturer's vehicle identification number or Alabama replacement number
shall be shown on any bill of sale or invoice transferring ownership of a 1975
model or subsequent year model motor vehicle which has been dismantled,
scrapped, destroyed, or has become salvage. (Authority:
§32-8-3(a)(2))
810-5-41-.02. Salvage
- Owner's Responsibility on Insurance Settlement. Reference: Sections 32-8-1
through 32-8-87, Code of
When
an insurance company or other person makes a settlement with an owner for the
total loss of a motor vehicle that requires the certificate of title, the
manufacturer's identification number plate, and the license plate of such
vehicle to be mailed or delivered to the Department, the delivery of these
items by the owner to the insurance company will fulfill the owners
requirements to the Department. (Authority: §32-8-3(a)(2))
810-5-41-.03. Salvage -
Responsibility of Insurance Company on Total Loss Payment. Reference: Sections
32-8-1 through 32-8-87, Code of
When
a vehicle is determined to be a total loss because of the insurer paying to any
person seventy-five percent (75%) or more of the cost, at the time of loss, of
replacing the wrecked or damaged vehicle with one of like kind and quality, it
will be the responsibility of the insurance company to complete form MVT 41-1
(Report of Total Loss Settlement), secure the certificate of title, vehicle
identification number plate, license plate, and within seventy- two (72) hours
after receiving them, forward them to the Department for processing. This rule
applies regardless of whether the insurer or owner retains possession of the
salvage. (Authority: §32-8-3(a)(2))
810-5-41-.05 Salvage -
Determining Fair Retail Values for Total Loss Vehicles.
When a
monetary settlement is paid on a damaged vehicle and the damage to the vehicle is
greater than or equal to 75 percent of the fair retail value of the vehicle
prior to the damage, the vehicle shall be considered to be a total loss. For the purpose of determining the fair
retail value of a total loss vehicle, at time of loss, information shall be obtained from a current
edition, including automated data base, of a nationally recognized compilation
of retail values, such as, but not limited to the National Automobile Dealers
Association's Used Car Guide, Southeastern Edition and National Market Reports,
Inc., provided the publication or automated data base presents a fair and
representative retail value of the vehicle within the state of Alabama. (Authority:
Sections 32-8-1 through 32-8-88) (Adopted through APA November 22, 1996;
amended June 7, 2000; amended February 28, 2002)
810-5-41-.06. Salvage
- Salvage or Junk Vehicles brought into
The
Department shall require the owner or a person having in his possession a
vehicle determined to be salvage or junk, as defined in Section 17 and in
Section 41 of Act 765, which is brought into the State of Alabama from another
state or country, that does not require the removal of the manufacturer's
vehicle identification number plate and registration license plate, to remove
and mail or deliver them within seventy-two (72) hours, from time of entry into
Alabama, to the Department for processing. (Authority:
§32-8-3(a)(2))
810-5-41-.07. Salvage
- Motorcycles, Semi-Trailers, etc. Procedure on Vehicles that do not have
Vehicle Identification Number Plates to be Removed when Total Loss Occurs.
Reference: Sections 32-8-1 through 32-8-87, Code of
(1) When salvage or
total loss occurs on motor vehicles that do not have vehicle identification
number plates installed by their manufacturer and the vehicle identification
number is die stamped into the frame or chassis by the manufacturer, the letter
"T" shall be die stamped in the front of the first character of the
vehicle identification number and the letter "L" shall be die stamped
behind the last character of the vehicle identification number.
(2) This procedure will
be acceptable to meet the requirements for removing the vehicle identification
number plate since it will identify the vehicle as being subject to a total
loss and will prevent the destruction of a frame to a motorcycle or defacing a
vehicle that may be rebuilt. (Authority: §32-8-3(a)(2))
810-5-50-.12. Notice
Of Missing Document (FORM MVT 5-8).
(1) The term
"Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) The purpose of form
MVT 5-8 (Notice of Missing Document) is to allow the county official responsible
for accepting applications for certificates of title and issuing license tags,
to perform such duties for the owner of a motor vehicle which is required to be
registered and titled in Alabama, when the outstanding out-of-state certificate
of title in the owner's name is held by the recorded lienholder.
(3) Upon the owner
surrendering a legible copy of his/her outstanding out-of-state title
reflecting the recorded lienholder, the county may
accept the owner's application for certificate of title and issue license tag,
and allow the owner to properly complete form MVT 5-8 (Notice of Missing
Document) to be submitted to the Department in lieu of the outstanding
out-of-state certificate of title. The form MVT 5-8 (Notice of Missing
Document) shall contain the following information:
(a) Designated agent
number of the County submitting the title file,
(b) Application number,
(c) Vehicle
identification number, year model, and make,
(d) Name of owner(s),
(e) Name and address of lienholder,
(f) Account number of
loan and the lien date,
(g) Statement by
applicant identifying the current certificate of title number and the name of
the issuing State, or stating that the title document is a Manufacturer's
Certificate of Origin, and
(h) Signature of the
applicant(s) and designated agent.
(4) The Department will
make a written request for the outstanding out-of-state certificate of title to
the recorded lienholder upon receipt of the following
from the designated agent:
(a) MVT 5-1C
(Application for Certificate of Title) completed, and signed in accordance with
Department requirements,
(b) MVT 5-8 (Notice of
Missing Document) completed and signed by both the applicant and county
official,
(c) Legible copy of
outstanding out-of-state certificate of title in the name of the applicant with
lienholder recorded, and
(d) Fee (see Schedule of
Fees and Commissions).
NOTE: The
reverse side of the MVT 5-8 (Notice of Missing Document) contains a list of
states in which the owner rather than the recorded lienholder
holds the certificate of title. A copy of a certificate of title from a state
listed on the reverse side of the MVT 5-8 shall not be accepted by the county
official unless the applicant provides evidence that the recorded lienholder is in possession of the
original. (Authority: Section 32-8-1 through 32-8-88, Code of
Alabama 1975) (Adopted December 10, 1997)
810-5-50-.13.01. Powers of Attorney -
Guidelines for Use.
(1) The term
"Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) To be acceptable by
the department, a power of attorney must be an original document except as
provided in paragraph (5), contain essential information, and be prepared on
paper which shall meet the minimum requirements listed. In the event of
multiple transactions, an original power of attorney is required for each
individual transaction.
(3) Essential
information which must be provided on powers of attorney is as follows:
(a) Date document
completed,
(b) Name and address of
individual appointed as attorney-in-fact,
(c) Original signature
of attorney-in-fact (required on non departmental power of attorney only if
space provided for signature on document),
(d) Complete description
of vehicle, including vehicle identification number (VIN), year, make, model
and body type,
(e) Purpose(s) for which
appointment intended (owner shall initial each purpose listed on MVT 5-13 for
which appointment is intended),
(f) Original signature
of owner (individual appointing attorney-in-fact) and his/her address, and
(g) Notarization.
(4) The MVT 5-13 power
of attorney is printed on 8½"x11", 20 lb. paper. All non-departmental
powers of attorney shall be required to be printed on no less than 20 lb. paper
with recommended dimensions of 8½"x11", but not less than
8½"x5½" dimensions (half a sheet).
(5) EXCEPTIONS:
(a) Upon prior approval
of the department, companies involved in the leasing of vehicles into
(b) "The signature
of the Executive Vice President, any Vice President, or other Officer of
(Company Name) specifically authorized by the company to bind the company, and
the seal of the company may be affixed by facsimile on this power of attorney
and such facsimile signature and seal shall be valid and binding on the company
to the same extent as original signature and seal."
(c) A general power of
attorney is not limited to the registration and titling of a vehicle. It grants
the attorney-in-fact the authority to transact all business on behalf of the
principal. Accordingly, the original must be retained by the
attorney-in-fact. (Authority: Section 32-8-1 through 32-8-88, Code
of Alabama 1975) (Adopted December 10, 1997)
810-5-50-.32. Report of Unclaimed
Vehicle - Where Vehicle Unclaimed for Longer than Thirty (30) Days (Form MVT
38-1).
(1) An operator of a
place of business for garaging, repairing, parking or storing vehicles for the
public, in which a vehicle remains unclaimed for the period designated in
Section 32-8-84(c), Code of Alabama 1975, and whose owner's name and
address are unknown to the operator, shall complete a report of unclaimed
vehicle (Form MVT 38-1) and cause such form to be mailed or delivered to the
Department within the period established in Section 32-8-84(c), Code of
Alabama 1975.
(2) The individual
completing the report of an unclaimed vehicle (Form MVT 38-1) shall provide the
following information on the form: vehicle identification number, make, year,
model, body type, color, number of cylinders, date vehicle was left at
operator's establishment, name and address of firm making report, type of firm
making report, license plate number and state of issuance if available, name of
law enforcement agency if impounded by such an agency, and the signature and
date of the individual who completes the form.
(3) A certified copy of
the
(1) Designated agent
completed MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK), signed by owner and designated agent.
(2) Supporting
Documents:
(a) Surrender
outstanding out-of-state salvage title, permit to dismantle or junking
certificate, properly assigned to owner, or letter of certification from the
jurisdiction in which the vehicle was salvaged. NOTE: When
letter of certification is surrendered in lieu of salvage title, permit to
dismantle, etc., then notarized bills-of-sale shall be provided from the
insurance company down through the chain of ownership to the owner repairing or
rebuilding the vehicle in
(b) Form MVT 26-10
(Affidavit Supporting Salvage Certificate) properly completed and notarized.
NOTE: Any major component parts that are replaced during the repairing
or rebuilding of the vehicle shall be listed on form MVT 26-10 and a notarized
bill-of-sale for the replaced component part must be furnished. This notarized
bill-of-sale must contain the vehicle identification number of the vehicle from
which the component part came or the identifying number (serial number) and
trade name of the component part.
(3) Fee of
$4.00. (Authority: §32-8-3(a)(2))
810-5-75-.02. Title
Procedure - First Title For A Homemade Trailer. Reference: Sections 32-8-1
through 32-8-87, Code of
(1) Prior to making
application for title, owner must first obtain (available from probate office,
license commissioner, or director or revenue in the various counties and from
the State Department of Revenue) and complete form MVT 26-1 (Application for
Alabama Assigned Vehicle Identification Number for Homemade Trailer). Upon
receipt of properly completed form MVT 26-1, the Department will issue a
vehicle identification number plate which will have a vehicle identification
plate attach same to the homemade vehicle as per instructions on the reverse
side of form MVT 26-2. Once owner has completed attaching assigned vehicle
identification number plate to the homemade vehicle then he may apply for title
by delivering the vehicle to a designated agent of the Department.
(2) Supporting
Documents:
(a) Designated agent
completed MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK), signed by designated agent and owner.
(b) Completed form MVT
26-2 (Assigned Vehicle Identification Number for Homemade Trailer).
(c) Fee of
$4.00. (Authority: §32-8-3(a)(2))
810-5-75-.05. Title
Procedures on Title Applications for an
(1) Owner and person
making the sale completes MVT 5-1 (Application for Title). Application must be
properly filled in with a typewriter (BLACK INK). The owner will sign the
application in the presence of the officer making the inspection of the
vehicle.
(2) Supporting
Documents:
(a) Surrender
outstanding title, properly assigned.
(b) Completed form MVT
5-9.
(c) Fee of $4.50 (if the
surrendered title is an
810-5-75-.06. Title
Procedures on Title Applications for an
(1) Owner and dealer
completes MVT 5-1 (Application for Title). Application must be filled in
properly with the typewriter (BLACK INK). Owner will sign application in the
presence of the officer making the inspection of the vehicle.
(2) Supporting
Documents:
(a) Certified copy of
manufacturer's certificate of origin, properly assigned to owner.
(b) Completed form MVT
5-9.
(c) Fee of $4.50
(Certified Funds Only) payable to judge of probate or license commissioner or
director of revenue (one that is applicable) of the county of the legal
resident.
(3) NOTE: The
above application and all required supporting documents and the required fee
must be mailed to the judge of probate or license commissioner or director of
revenue in the county of the legal resident for further handling.
(4) NOTE: If
a security interest (lien) is created at the time of purchase of the vehicle by
the owner, the title will list the lienholder and be
mailed to the first lienholder and memorandum copy
mailed to the owner, no additional fee is required to perfect a security
interest at the time of purchase of a vehicle.
(5) NOTE: When
form MVT 5-1 has been completely filled out and signed by owner, owner will
retain part 2 of the application (owner's permit to operate the vehicle) in his
possession until the Department issues a certificate of title. If a security
interest lien is created at the time of purchase of the vehicle, the lienholder will be given part 4 of the application (lienholder's copy to be retained by him until the
Department issues a certificate of title for the vehicle. The title will be
mailed to first lienholder listed on the title and
memorandum copy to the owner. (Authority: §32-8-3(a)(2))
810-5-75-.07. Title
Procedure - Request For Change of Address Only On A Certificate of Title.
Reference: Sections 32-8-1 through 32-8-87, Code of
(1) The owner may notify
the Department by completing, properly, form MVT 1-1 (Address Correction Only),
or provide in writing a notice by the owner of the change of address.
(2) Supporting
Documents:
(a) Form MVT 1-1 or
notice in writing shall be mailed or delivered to the Department of Revenue for
address correction.
(b) Fee: No charge.
(3) NOTE: The owner
shall within thirty days after his address is changed from that shown on the
application for title or on the certificate of title notify the Department of
the change of address. The Department will record the address correction but
will not issue a corrected certificate of title. (§32-8-3(a)(2))
810-5-75-.08. Title
Procedure - Application For Corrected Certificate of Title. Reference: Sections
32-8-1 through 32-8-87, Code of
(1) Designated agent
completes MVT 5-1. Application must be properly filled in with a typewriter
(BLACK INK), signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title that needs correcting.
(b) Mark on surrendered
title the area of error.
(c) All documents to
support the needed corrections.
(d) Fee of $3.00.
(3) NOTE: If the error
was made by the Title Section in issuing the original title, no fee will be charged.
If error was made prior to the application being received by the Title Section,
a fee of $3.00 will be charged and collected. (§32-8-3(a)(2))
810-5-75-.09. Title
Procedure - Transfer of Title For A Vehicle From A Deceased Owner Whose Estate
Does Not Require Probate (No Will). Reference: Sections 32-8-1 through 32-8-87,
Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK). The date of purchase is the date of the death
of the deceased. Application must be signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Completed form MVT
5-6 (Affidavit for Assignment of Title for a Vehicle When Deceased Owner Dies
Without a Will).
(c) Certified copy of
death certificate.
(d) Fee of $3.00.
(§32-8-3(a)(2))
810-5-75-.10. Title Procedure -
Transfer of Title For A Vehicle From A Deceased Owner Whose Estate Does Not
Require Probate (Left Will). Reference: Sections 32-8-1 through 32-8-87, Code
of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK). The date of purchase is the date of the death
of the deceased. Application must be signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Certified copy of
death certificate.
(c) A copy of the will.
(d) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.11. Title Procedure -
Transfer of Title For A Vehicle From A Deceased Owner Whose Estate Requires
Probate (Left Will). Reference: Sections 32-8-1 through 32-8-87, Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK). The date of purchase is the date the will was
probated. All applications must be signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender outstanding
title, properly assigned to the new owner by the executor(s) or executrix(s).
(b) Certified copy of
the letters of testamentary regarding said vehicle.
(c) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.12. Title Procedure -
Transfer of Title For A Vehicle From A Deceased Owner Whose Estate Requires
Probate (No Will). Reference: Sections 32-8-1 through 32-8-87, Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled in
with a typewriter (BLACK INK). The date of purchase is the date of the probate
proceedings. Application must be signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title, properly assigned to the new owner by the administrator(s)
or administratrix(s).
(b) Certified copy of
the probate proceedings or letters of administration, regarding said vehicle.
(c) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.13. Title Procedure - Transfer
of Title For A Vehicle Obtained By A Sheriff's Or Court Sale. Reference:
Sections 32-8-1 through 32- 8-87, Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be filled in
properly with a typewriter (BLACK INK). The date of purchase is the date of
court or sheriff's sale. All applications must be signed by designated agent
and owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Certified copy of
sheriff's or court order, bill of sale, deed or documents evidencing the sale
issued by the official who conducts the sale of said vehicle.
(c) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.14. Title Procedure -
Transfer of Title For A Vehicle Obtained By Divorce Or Court Order. Reference:
Sections 32-8-1 through 32-8- 87, Code of
(1) Designated agent
completes MVT 5-1. Application must be properly filled in with a typewriter
(BLACK INK). The date of purchase is the date of court order. All applications
must be signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Certified copy of
the court order and/or exhibits thereto pertaining to the vehicle.
(c) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.15. Title Procedure -
Application for Replacement
(1) The term
“Department" as used in this regulation shall mean the Department of
Revenue of the State of
(2) Titled owner or lienholder of record shall provide the following
information on an application for replacement title (form MVT 12-1):
(a) Vehicle
identification number, year model, make, model, body type, number of cylinders,
date of purchase, number of liens, color, and odometer reading.
(b) Owner’s name,
address, and the address where replacement title is to be mailed.
(c) Reason replacement
title is required as established in Section 32-8-43(a), Code of Alabama 1975.
(d) Signature of
owner(s)/lienholder(s) or their authorized
representative.
(3) If there is a lienholder of record on the title for which a replacement
title is being requested, the lienholder’s
authorized representative shall complete the MVT 12-1 unless a separate lien
release is provided.
(4) Applicant must
provide the following supporting documents:
(a) Outstanding
(b) Any documents such
as powers of attorney, letters testamentary, letters of administration, letters
of guardianship, letters of conservatorship, trust
agreements, court orders or other documents required by the Department which
support the right of someone other than the owner or lienholder
to sign the MVT 12-1 on behalf of the owner or lienholder.
If ownership of the vehicle is in joint tenancy then only one of the owners or
owner's authorized representative is required to sign the application on behalf
of all the owners of the vehicle.
(c) Fee (See Schedule of
Fees and Commissions - Regulation 810-5-31-.01).
(5) Upon completion of
the MVT 12-1 the applicant shall cause the MVT 12-1, required fee and any
supporting documents to be delivered to the Department for processing.
(6) The issuance of a
replacement title will not affect the requirement that each owner of a vehicle,
other than a licensed dealer, obtain an
(7) The Department will
not issue a replacement title when the Department has evidence that the
outstanding
(8) Authorized employees
of the Department may correct information provided on the application when the
information provided is in error and does not match Department records for the vehicle.
Information that may be corrected includes the vehicle identification number,
year model, make, model, body type, number of cylinders, date of purchase,
number of liens, color, odometer reading and owner(s) name(s). All corrections
must be proved necessary by Department records.
(9) NOTE: A
replacement certificate of title shall contain the following legend,
“This is a replacement certificate and may be subject to the rights of a
person under the original certificate.” The new certificate of title will
be mailed to the first lienholder named on it, or, if
none, to the owner. If the new certificate of title is to be mailed to someone
other than the owner(s) or lienholder, the
application must be signed and dated by the owner(s) or owner’s authorized
representative. (Authority: Sections 40-2A-7(a)(5) and 32-8-3(b)(2),
Code of Alabama 1975) (Adopted through APA effective November
24, 1999.)
810-5-75-.16. Title
Procedure - Assignment and Transfer of Lien by Lienholder.
Reference: Sections 32-8-1 through 32-8-87, Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with typewriter (BLACK INK). (Designated agent and owner not required to
sign application).
(2) Supporting
Documents:
(a) Surrender
outstanding title without lien released on face of title.
(b) Completed form MVT
21-1 (Assignment of Lien), original submitted with application.
(c) Fee of
$2.00. (§32-8-3(a)(2))
810-5-75-.17. Title Procedure -
Repossessed (1975 and Later Model) Vehicle That Has Been Titled in Another
State, First Title in
(1) Designated agent completes
MVT 5-1 (Application for Title). Application must be properly filled in with a
typewriter (BLACK INK), signed by owner and designated agent.
(2) Supporting
Documents:
(a) Surrender of
out-of-state title.
(b) Completed form MVT
5-1 (Revised) (Repossessed Motor Vehicle Affidavit) or out-of-state equivalent
form properly completed made by or on behalf of the lienholder
that the vehicle was repossessed and that the interest of the owner was
lawfully terminated or sold pursuant to the terms of the security agreement.
(c) Certified copy of
bill of sale from repossessor to purchaser, if
repossession affidavit does not provide the transfer to the purchaser.
(d) Fee of
$4.00. (§32-8-3(a)(2))
810-5-75-.18. Title Procedure -
Transfer of Title for Used (1975 and Later Models) Vehicles, Currently Titled
in
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK), signed by owner and designated agent.
(2) Supporting
Documents:
(a) Surrender
outstanding
(b) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.19. Title Procedure -
Repossessed (1975 and Later Model) Vehicle That Has Been Titled in
(1) Designated agent completes MVT
5-1 (Application for Title). Application must be properly filled in with a
typewriter (BLACK INK), signed by designated agent and owner.
(2) Supporting
Documents:
(a) Surrender of
outstanding title.
(b) Completed form MVT
15-1 (Revised) (Repossessed Motor Vehicle Affidavit) made by or on behalf of lienholder that the vehicle was repossessed and that the
interest of the owner was lawfully terminated or sold pursuant to the terms of
the security agreement.
(c) Fee of
$3.00. (§32-8-3(a)(2))
810-5-75-.20. Title Procedure -
Second or Third Lien or Security Interest Releases on Title. Reference:
Sections 32-8-1 through 32-8-87, Code of
(1) Second or third lienholder will execute his release of security interest on
the face of the title held by the first lienholder if
available. If title is not available for second or third lienholder
to execute release, then second or third lienholder
shall complete form MVT 22-1 and deliver to first lienholder.
(Original signature is required - NO STAMP IS PERMITTED FOR VALIDATION). First lienholder will immediately cause the title and form MVT
22-1 to be mailed or delivered to the Department. The delivery of the title
does not effect the rights of the first lienholder
named on it. The Department will issue a new title, removing the name of the
second or third lienholder, showing the first lienholder's name only. The new title will be mailed to
first lienholder with memorandum copy to owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title with second or third lien properly released or surrender
outstanding title with form MVT 22-1 properly executed.
(b) Fee: No
charge. (§32-8-3(a)(2))
810-5-75-.21. Title Procedure - First
Lien or Security Interest Releases on Title. Reference: Sections 32-8-1 through
32-8-87, Code of
(1) First lienholder will execute a release of his security interest
on the face of the title held by him (original signature must be signed on
release - NO STAMP IS PERMITTED FOR VALIDATION), and forward to the Department.
The Department will issue a new title listing no liens and the new title will
be mailed to the owner. If there is a second lienholder
shown on the title, first lienholder will mail or
deliver the title to the second lienholder. Second lienholder will immediately cause the title to be mailed or
delivered to the Department. The Department will issue a new title listing the
second lienholder as first lienholder
on the new title. The new title will be mailed to the first lienholder
with memorandum copy to owner.
(2) Supporting
Documents:
(a) Surrender
outstanding title with lien properly released.
(b) Fee: No
charge. (§32-8-3(a)(2))
810-5-75-.22. Title Procedure - Third
Lien to be Added (Security Interest Created by Owner). Reference: Sections
32-8-1 through 32-8-87, Code of
(1) Designated agent and
owner complete MVT 5-1 (Application for Title). (NOTE: If lienholder
is not a designated agent then form MVT 20-1 may be used in lien of form MVT
5-1). Application must be properly filled in with typewriter (BLACK INK),
signed by owner and designated agent or lienholder
(Form MVT 20-1). The application and required fee of $2.00 will be delivered to
first lienholder listed on application. First lienholder will immediately cause application, outstanding
title and required fee be delivered or mailed to the Department. The delivery
of the certificate does not effect the rights of the first lienholder
under his security agreement. (NOTE: If application is approved, new title will
be mailed to the first lienholder with first and
second lienholders listed, memorandum copy mailed to
the owner).
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Application must
show exact name as shown on outstanding title, and first and second lienholder shall be listed on application and the number
three (3) shall be indicated in the number of liens box of the vehicle
information portion of the application.
(c) Copy of third lienholder's security interest agreement.
(d) Fee of
$2.00. (NOTE: Security interest created at the time of
transfer of vehicle is perfected with application for a certificate of title.
There will not be an additional fee added to the fee for titling the vehicle in
order to perfect the security interest. Application for a new certificate of
title only to perfect a security interest, created by owner, requires a fee of
two dollars ($2.00). (§32-8-3(a)(2))
810-5-75-.23. Title Procedure - Second Lien to
be Added (Security Interest Created by Owner). Reference: Sections 32-8-1
through 32-8-87, Code of
(1) Designated agent and
owner complete MVT 5-1 (Application for Title). (NOTE: If lienholder
is not a designated agent then form MVT 20-1 may be used in lieu of form MVT
5-1). Application must be properly filled in with typewriter (BLACK INK),
signed by owner and designed agent or lienholder
(Form MVT 20-1). The application and required fee of $2.00 will be delivered to
first lienholder listed on application. First lienholder will immediately cause the application,
outstanding title and required fee be delivered or mailed to the Department.
The delivery of the certificate does not effect the rights of the first lienholder under his security agreement. (NOTE: If
application is approved, new title will be mailed to the first lienholder with first and second lienholders
listed, memorandum copy mailed to the owner).
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Application must
show exact name as shown on outstanding title.
(c) Fee of
$2.00. (NOTE: Security interest created at the time of
transfer of vehicle is perfected with application for a certificate of title.
There will not be an additional fee added to the fee for titling the vehicle in
order to perfect the security interest. Application for a new certificate of
title only to perfect a security interest, created by owner, requires a fee of
two dollars ($2.00). (§32-8-3(a)(2))
810-5-75-.24. Title Procedure - First Lien to
be Added (Security Interest Created by Owner). Reference: Sections 32-8-1
through 32-8-87, Code of
(1) Designated agent and
owner complete MVT 5-1. (NOTE: If lienholder is not a
designated agent then form MVT 20-1 may be used in lieu of form MVT 5-1).
Application must be properly filled in with typewriter (including previous
(2) Supporting
Documents:
(a) Surrender
outstanding title.
(b) Application must
show exact name as shown on outstanding title.
(c) Fee of
$2.00. (§32-8-3(a)(2))
810-5-75-.25. Title Procedure - First Title for
a New (1975 and Later Models) Vehicle. Reference: Sections 32-8-1 through
32-8-87, Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK), signed by owner and designated agent.
(2) Supporting
Documents:
(a) Certified
manufacturer's certificate of origin, properly assigned to owner.
(b) Fee of
$4.00. (§32-8-3(a)(2))
810-5-75-.26. Title Procedure - Owner
Application for an
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with typewriter (BLACK INK), signed by owner and designated agent.
(2) Supporting
Documents:
(a) Surrender
outstanding out-of-state title properly assigned to owner. NOTE: When
outstanding out-of-state title is in the name of the owner applying for
(b) Fee of $4.00 (First
title in
810-5-75-.26.01. Title Procedure - Motor
Vehicles Exempt From Titling in Other States - Reference: Section 32-8-1
through 32-8-88, Code of
(1) Some states exempt
from titling, motor vehicles which are a certain number of model years old or
older as established in their Code. Those states allow ownership of such exempt
vehicles to be transferred by a bill of sale. Although exempt from titling in
those states, the vehicles are still required to be registered.
(2) The State of
(3) Pursuant to Section
32-8-39 (b), Code of Alabama 1975, as amended, Alabama shall issue a
"distinctive" certificate of title for all vehicles previously
registered in a foreign jurisdiction whose laws do not require that lienholders be named on a certificate of title in order to
perfect their security interests. The Alabama Certificate of Title shall
contain the legend, "This vehicle may be subject to an undisclosed
lien."
(4) If no notice of a
security interest in the vehicle is received by the department within four (4)
months from the issuance of the distinctive certificate of title, the
department shall, upon application and surrender of the distinctive certificate
of title, issue a certificate of title in ordinary form.
(5) Fee as required in
the schedule of fees and commissions:
(a) Fee required for
first certificate of title (containing legend).
(b) Fee required for
certificate of title to remove legend.
(Authority:
Sections 32-8-1 through 32-8-88 Code of Alabama 1975, as
amended) (Adopted through APA effective June 21, 1995)
810-5-75-.27. Title Procedure - First
Title For Vehicles Reconstructed With Glider Kits For A Vehicle To Be Titled
That Has Been Reconstructed With A Glider Kit, The Glider Kit Must Be
Designated By The Manufacturer On The Manufacturer's Certificate Of Origin A
1975 Or Subsequent Year Model. Reference: Sections 32-8-1 through 32-8-87, Code
of
(1) Designated agent
completes form MVT 5-1 (Application for Title). Application must be properly
filled in with a typewriter (BLACK INK), signed by designated agent and owner.
(2) Supporting
Documents:
(a) If power train for
the new glider kit (1975 or later year model) was removed from a 1974 year
model or prior year model vehicle, the following documents are required:
1. Certified
manufacturer's certificate of origin for new glider kit properly assigned to
owner.
2. Notarized affidavit
stating that the applicant is the recorded owner of the vehicle from which the
power train was removed, providing vehicle identification number, make, model,
etc., and also stating if there is a lien on the power train, who the lienholder is and the lienholder's
address.
4. If the power train
was obtained from a vehicle which was not owned by the applicant, a notarized
bill-of-sale covering such power train must be attached. This notarized
bill-of-sale shall contain the vehicle identification number of the vehicle
from which the power train was removed. If the component parts of the power train
were purchased individually, a notarized bill-of-sale covering each component
part must be furnished. The notarized bill-of-sale shall contain the
identifying number (serial number) and trade name of the component part.
5. Notarized affidavit
by the person reconstructing the vehicle stating what was done to reconstruct
the truck or truck tractor and that said vehicle is now in operable condition.
(b) If power train for
the new glider kit (1975 or later year model) was removed from a 1975 year model
or subsequent year model vehicle the following supporting documents are
required:
1. Certified
manufacturer's certificate of origin for new glider kit properly assigned to
owner.
2. Form MVT 17-1 (Report
of Scrapped, Dismantled or Destroyed Vehicle), outstanding title, vehicle
identification number plate, license plate on the vehicle from which the power
train was removed if they have not been surrendered previously according to
Sections 17 or 41 of Act 765. (See note.)
3. If the power train was
obtained from a vehicle which was not titled in the applicant's name, a
notarized bill-of-sale covering such power train must be attached. If the
component parts of the power train were purchased individually, a notarized
bill-of-sale covering each component part must be furnished.
4. Notarized affidavit
by the person reconstructing the vehicle stating what was done to reconstruct
the truck or truck tractor and that said vehicle is now in operable condition.
c. Fee of $4.00.
(3) The vehicle
identification number to be shown on the application for certificate of title
shall be the vehicle identification number shown on the manufacturer's
certificate of origin covering glider kit.
(4) NOTE: An
owner who scraps, dismantles or destroys a vehicle and a person who purchases a
vehicle as scrap or to be dismantled or destroyed shall indicate same on the
back of the certificate of title and shall within seventy-two (72) hours cause
the certificate of title, the vehicle identification number plate and the motor
vehicle license plate to be mailed or delivered to the
Department. (§32-8-3(a)(2))
810-5-75-.28. Title
Procedure - First Title For Assembled Vehicles.
(1) The term “Department” as
used in this regulation shall mean the Department of Revenue of the State of
(2) The term
“major component” as used in this regulation shall mean the
following:
(a) For passenger vehicles:
1. Motor
or engine.
2. Transmission
or trans-axle.
3. Trunk
floor pan or rear section and roof.
4. Frame
or any portion thereof (except frame horn), or, in the case of a unitized body,
the supporting structure which serves as the frame, except when it is a part of
the trunk floor pan, or rear section and roof.
5. Cowl,
firewall, or any portion thereof.
6. Roof assembly.
(b) For truck, truck
type, or bus type vehicles:
1. Motor or engine.
2. Transmission or
trans-axle.
3. Frame or any portion
thereof (except frame horn), or, in the case of a unitized body, the supporting
structure which serves as the frame.
4. Cab.
5. Cowl or firewall or
any portion thereof.
6. Roof assembly.
7. Cargo compartment
floor panel or passenger compartment floor pan.
(c) For motorcycles:
1. Engine or motor.
2. Transmission or trans-axle.
3. Frame.
4. Front fork.
5. Crankcase.
(3) VEHICLES ASSEMBLED
WITH KITS.
(a) Before making
application for title, the applicant must obtain (available from all County
License Plate Issuing Officials and from the Department) and properly complete
form MVT 26-3 (Application For Alabama Assigned Vehicle Identification Number).
NOTE: The vehicle identification number to be shown on form MVT 26-3 shall be
the vehicle identification number of the vehicle from which the chassis or
frame was removed. The applicant shall deliver completed form MVT 26-3 along
with the following supporting documents to the Department.
(b) Supporting
Documents:
1. For kits (1975 or
subsequent year model) assembled with chassis or frame from a 1974 or prior
model vehicle:
(i) Certified
manufacturer's certificate of origin for new kit properly assigned to the
applicant.
(ii) Certified copy of
the most recent registration receipt in the applicant’s name for the
vehicle from which the chassis or frame was removed, or if the chassis or frame
was obtained from a vehicle which was not registered in applicant's name, then
a notarized bill-of-sale to the applicant for the chassis or frame must be
attached. This bill-of-sale shall contain the vehicle identification number of
the vehicle from which the chassis or frame was obtained.
(iii) If any of the
major component parts were purchased individually, a notarized bill-of-sale for
each component part must be attached. This bill-of-sale shall contain the
identifying number (serial number) and trade name of the component part.
(iv) A notarized
affidavit by the person assembling the vehicle stating what was done to
assemble the vehicle and that said vehicle is now in operable condition.
2. For kits (1975 or
subsequent year model) assembled with chassis or frame from a 1975 or
subsequent year model vehicle:
(i) Certified
manufacturer's certificate of origin for new kit properly assigned to the
applicant.
(ii) Outstanding
certificate of title (in applicant’s name or assigned to applicant) for
the vehicle from which the chassis or frame was removed, or if the chassis or
frame was obtained from a vehicle which was not titled in applicant's name or
assigned to the applicant and the certificate of title is unavailable, then a
notarized bill-of-sale to the applicant for the chassis or frame must be
attached. This bill-of-sale shall contain the vehicle identification number of
the vehicle from which the chassis or frame was obtained.
(iii) If any of the major component
parts were purchased individually, a notarized bill-of-sale for each component
part must be attached. This bill-of-sale shall contain the identifying number
(serial number) and trade name of the component part.
(iv) A notarized
affidavit by the person assembling the vehicle stating what was done to
assemble the vehicle and that said vehicle is now in operable condition.
(c) Fee (See Schedule of
Fees and Commissions). Upon receipt of a properly completed form MVT 26-3 and
the required supporting documents, the Department will issue a vehicle
identification number plate which will have an assigned vehicle identification
number embossed thereon. The Department will then notify the applicant to bring
the assembled vehicle to an inspection station designated by the Department so
that the Department can physically inspect the assembled vehicle and, if
everything is in order, attach the vehicle identification number plate to the
assembled vehicle. The Department and the applicant shall then complete forms
MVT 26-4 and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT
26-3, MVT 26-4, and any other required supporting documents and, upon approval,
issue a certificate of title with legend “ASSEMBLED”.
(4) VEHICLES (NOT
INCLUDING TRAILERS) ASSEMBLED FROM PARTS
(a) Before making
application for title, the applicant must obtain (available from all County
License Plate Issuing Officials and from the Department) and properly complete
form MVT 26-3 (Application For Alabama Assigned Vehicle Identification Number).
NOTE: The vehicle identification number to be shown on form MVT 26-3 shall be
the vehicle identification number of the vehicle from which the chassis or
frame was removed. The applicant shall deliver completed form MVT 26-3 along
with the following supporting documents to the Department.
(b) Supporting
Documents:
1. For vehicles
assembled with chassis or frame from a 1974 or prior year model vehicle:
(i) Certified
copy of the most recent registration receipt in the applicant’s name for
the vehicle from which the chassis or frame was removed, or if the chassis or
frame was obtained from a vehicle which was not registered in applicant's name,
then a notarized bill-of-sale to the applicant for the chassis or frame must be
attached. This bill-of-sale shall contain the vehicle identification number of
the vehicle from which the chassis or frame was obtained.
(ii) If any of the major component
parts were purchased individually, a notarized bill-of-sale for each component
part must be attached. This bill-of-sale shall contain the identifying number
(serial number) and trade name of the component part.
(iii) A notarized affidavit by the
person assembling the vehicle stating what was done to assemble the vehicle and
that said vehicle is now in operable condition.
2. For vehicles
assembled with chassis or frame from a 1975 or subsequent year model vehicle:
(i) Outstanding
certificate of title (in applicant’s name or assigned to applicant) for
the vehicle from which the chassis or frame was removed, or if the chassis or
frame was obtained from a vehicle which was not titled in applicant's name or
assigned to the applicant and the certificate of title is unavailable, then a
notarized bill-of-sale to the applicant for the chassis or frame must be
attached. This bill-of-sale shall contain the vehicle identification number of
the vehicle from which the chassis or frame was obtained.
(ii) If any of the major
component parts were purchased individually, a notarized bill-of-sale for each
component part must be attached. This bill-of-sale shall contain the
identifying number (serial number) and trade name of the component part.
(iii) A notarized
affidavit by the person assembling the vehicle stating what was done to
assemble the vehicle and that said vehicle is now in operable condition.
(c) Fee (See Schedule of
Fees and Commissions). Upon receipt of a properly completed form MVT 26-3 and
the required supporting documents, the Department will issue a vehicle
identification number plate which will have an assigned vehicle identification
number embossed thereon. The Department will then notify the applicant to bring
the assembled vehicle to an inspection station designated by the Department so
that the Department can physically inspect the assembled vehicle and, if
everything is in order, attach the vehicle identification number plate to the
assembled vehicle. The Department and the applicant shall then complete forms
MVT 26-4 and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT 26-3,
MVT 26-4, and any other required supporting documents and, upon approval, issue
a certificate of title with legend “ASSEMBLED”.
(5) TRAILERS ASSEMBLED
FROM PARTS (FROM ONE OR MORE TRAILERS)
(a) Before making
application for title, the applicant must obtain (available from all County
License Plate Issuing Officials and from the Department) and properly complete
form MVT 26-3 (Application For Alabama Assigned Vehicle Identification Number).
NOTE: The vehicle identification number to be shown on form MVT 26-3 shall be
the vehicle identification number of the vehicle from which the chassis or
frame was removed. The applicant shall deliver completed form MVT 26-3 along
with the following supporting documents to the Department.
(b) Supporting Documents:
1. For trailers
assembled with chassis or frame from a 1974 or prior year model vehicle:
(i) Certified
copy of the most recent registration receipt in the applicant’s name for
the vehicle from which the chassis or frame was removed, or if the chassis or
frame was obtained from a vehicle which was not registered in applicant's name,
then a notarized bill-of-sale to the applicant for the chassis or frame must be
attached. This bill-of-sale shall contain the vehicle identification number of
the vehicle from which the chassis or frame was obtained.
(ii) If any of the major
component parts were purchased individually, a notarized bill-of-sale for each
component part must be attached. This bill-of-sale shall contain the
identifying number (serial number) and trade name of the component part.
2. For trailers assembled with
chassis or frame from a 1975 or subsequent year model vehicle:
(i) Outstanding
certificate of title (in applicant’s name or assigned to applicant) for
the vehicle from which the chassis or frame was removed, or if the chassis or
frame was obtained from a vehicle which was not titled in applicant's name or
assigned to the applicant and the certificate of title is unavailable, then a
notarized bill-of-sale to the applicant for the chassis or frame must be
attached. This bill-of-sale shall contain the vehicle identification number of
the vehicle from which the chassis or frame was obtained.
(ii) If any of the major
component parts were purchased individually, a notarized bill-of-sale for each
component part must be attached. This bill-of-sale shall contain the
identifying number (serial number) and trade name of the component part.
3. A bill-of-sale for
each part other than a major component part.
4. A bill-of-sale for
materials used in the construction of the vehicle.
5. A notarized affidavit
by the person assembling the vehicle stating what was done to assemble the
vehicle and that said vehicle is now in operable condition.
(c) Fee (See Schedule of
Fees and Commissions). Upon receipt of a properly completed form MVT 26-3 and
the required supporting documents, the Department will issue a vehicle
identification number plate which will have an assigned vehicle identification
number embossed thereon. The Department will then notify the applicant to bring
the assembled vehicle to an inspection station designated by the Department so
that the Department can physically inspect the assembled vehicle and, if everything
is in order, attach the vehicle identification number plate to the assembled
vehicle. The Department and the applicant shall then complete forms MVT 26-4
and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT 26-3, MVT
26-4, and any other required supporting documents and, upon approval, issue a
certificate of title with legend “ASSEMBLED”.
(6) TRAILERS ASSEMBLED
FROM PARTS - HOMEMADE TRAILERS (NOT MANUFACTURED FROM OTHER TRAILERS)
(a) Before making
application for title, the applicant must obtain (available from all County
License Plate Issuing Officials and from the Department) and properly complete
form MVT 26-1 (Application For Assigned Vehicle Identification Number For A
Homemade Trailer).
(b) Supporting
Documents:
1. A bill-of-sale for
each part with the identifying (serial) number (if available) and trade name
for that component part listed on the bill-of-sale.
2. A bill-of-sale for
materials used in the construction of the vehicle.
(c) Fee (See Schedule of
Fees and Commissions). Upon receipt of a properly completed form MVT 26-1 and
the required supporting documents, the Department will issue a vehicle
identification number plate which will have an assigned vehicle identification
number embossed thereon. The Department will then notify the applicant to bring
the assembled vehicle to an inspection station designated by the Department so
that the Department can physically inspect the assembled vehicle and, if
everything is in order, attach the vehicle identification number plate to the
assembled vehicle. The Department and the applicant shall then complete forms
MVT 26-4 and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT
26-3, MVT 26-4, and any other required supporting documents and, upon approval,
issue a certificate of title with the legend “ASSEMBLED” and the
make “HOMEMADE”.
(Authority:
Sections 32-8-1 through 32-8-88, Code of Alabama 1975) (Adopted
December 28, 1998)
810-5-75-.29. Title Procedure - First
Title For Vehicle Obtained From The
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK) and signed by designated agent and owner.
(2) Supporting
Documents:
(a) Standard Form 97,
issued by GSA, properly completed. NOTE: Sales made after October, 1992 shall
be accompanied by Standard Form 97 (Revised 4-91).
(b) A Licensed Alabama
Motor Vehicle Dealer who purchases or otherwise acquires a motor vehicle from a
government agency that is exempt from the requirement of certificate of title
and holds the acquired vehicle for sale, may transfer the vehicle without first
obtaining title in the name of the dealerhsip by
properly completing a Secure Re-Assignment Supplement Form MVT 8-3 (Revised
1-92). NOTE: Every purchaser of a government vehicle, with the exception of
Properly Licensed Motor Vehicle Dealers, shall make application for certificate
of title in the purchaser's name.
(c) Fee (See Schedule of
Fees and Commissions).
(Authority:
§32-8-1 through 32-8-88, Code of Alabama 1975) (Adopted
January 25, 1994.)
810-5-75-.30 Title Procedure - First Title for a
Rebuilt Vehicle.
(1) Prior to making application
for title, owner (licensed Rebuilder who Restored the
vehicle) must first complete an MVT 26-15 Form (Application For Inspection of a
Salvage Vehicle and Affirmation Supporting Salvage Certificate) and submit to
the department. The MVT 26-15 properly completed provides the written
affirmation by the owner as required by Section 32-8-87 (k), Code of
(a)
Applicant rebuilt the vehicle or supervised its rebuilders,
and what has been done to restore the vehicle to its operating condition which
existed prior to the event which caused the salvage certificate to issue.
(c)
The identification numbers of the restored vehicle and its parts have
not, to the knowledge of the owner, been removed, destroyed, falsified, altered
or defaced.
(2) Supporting
Documents:
(c) A notarized bill
of sale for each transfer of the vehicle subsequent to the transfer from the
insurance company (if the vehicle is coming into
1.
Manufactured Home
2. Travel Trailer
3. Utility Trailer
4. Semi Trailer.
(3) Upon receipt of a
properly completed Form MVT 26-15, the required supporting documents and the
required fees, the department’s agent will physically inspect the rebuilt
vehicle, and if everything is in order, the department’s agent will
proceed as follows:
2. The vehicle
appears to have been restored to its operating condition which existed prior to
the event which caused the salvage certificate to be issued.
3. That neither the vehicle or any of its
component parts are reported stolen with
4. That the
statements on the application for inspection of a salvage vehicle appear to be
true and correct.
(e) The
department’s agent and the owner shall complete a Form MVT 5-1c
Application for Certificate of Title) and the department’s agent shall
return the Form MVT 5-1c, MVT 26-4 and MVT 26-16 forms to the department
whereupon approval, an Alabama Certificate of Title will be issued to the owner
which shall contain a legend on its face stating that the vehicle has been
“REBUILT”.
810-5-75-.31
Title Procedure - Transfer Of Title For Vehicle Under The Abandoned
Motor Vehicle Act – Bill of Sale
(Form MVT 32-13B).
(1) The term "department" as used in this
regulation shall mean the Department of Revenue of the State of
(2) The designated agent submitting an
application for a certificate of title
for a motor vehicle sold as an "abandoned motor vehicle" shall
complete an MVT 5-1C or MVT 5-1E
(Application for Title). The application must be properly
filled in with a typewriter or printer
(BLACK INK) and signed by the
designated agent and the
owner. The designated agent shall forward the application and all supporting
documents to the department.
(3) Supporting
documents shall consist of the
following:
(a) Outstanding certificate of title (if
available).
(b) A notarized bill-of-sale (Form MVT
32-13B) from the seller of the
abandoned motor vehicle to the purchaser. The notarized bill of sale
shall contain the following information:
1. Complete Vehicle Description;
2. Date
Abandoned;
3. Date
and Location of
4. Name
of newspaper and dates of publication;
5. Dates
certified mail was sent to owner(s), registrant(s), secured party (parties),
and lienholder(s) of record (if any);
6. Information
on net proceeds of sale of abandoned motor vehicle; and
7. Buyer
and seller information.
(c) The
original certified Abandoned Motor Vehicle Record Request
Response
statement provided to the seller by the department in response to the filing of
an
Abandoned Motor Vehicle Record Request Form MVT 32-13, either identifying the
name
and address of the current owners, secured parties, or lienholders
of record, or
the
original certified Abandoned Motor Vehicle Record Request Response statement
from
the department that the department has no record of the vehicle.
(d) The original certified mail return receipt forms or equivalent
documentation as determined by the department evidencing that all parties (owners and lienholders)
as disclosed on the original certified Abandoned Motor Vehicle Record Request
Response statement referenced above in paragraph (c) were notified, or notification was attempted.
(e) If no owner and/or lienholder
records are found in response to the filing of an Abandoned Motor Vehicle
Record Request Form MVT 32-13, then the seller must provide a written statement
as to what steps were taken to reasonably determine the name(s) of the owner(s)
and lienholder(s) of record mentioned in the Abandoned Motor Vehicle
Record Request Response referenced above in subparagraph (c), and what steps were taken to give notice to
such parties.
(f) Payment
of the Title fee See Section
32-8-6 Code of
(4) If
the party making the sale failed to provide notice, or did not attempt to
provide notice to the owners, secured parties, and lienholders
of record, the department shall not process the title application.
(5) Should the current
certificate of title to a motor vehicle sold pursuant to the provisions of the
Alabama Abandoned Motor Vehicle Law, codified at Section 32-13-1, et seq., Code of Alabama 1975, as
amended, be designated a "salvage" certificate of title, or if
department records indicate an application for a "salvage"
certificate of title has previously been received, the new certificate of title
issued by the department shall also be a "salvage" certificate of
title. The purchaser of a
"salvage" abandoned motor vehicle shall not be permitted to register
the vehicle, or to operate it upon the highways of Alabama until such time as
the vehicle is restored by a licensed rebuilder and
inspected by the department as required by Section 32-8-87, Code of Alabama 1975, as amended,
and a "rebuilt" Alabama certificate of title is issued.
(6) The implementation date
of Act 2006-414 is July 1, 2006. Any application for a certificate of title to
a vehicle sold as an abandoned motor on or after July 1, 2006, shall comply with the provisions of Act 2006-414.
(7) Every
purchaser of an abandoned motor
vehicle shall title the vehicle in their
name. This includes a purchaser who may be a licensed motor vehicle
dealer.
(8) In the event that there is a net sale
balance on the MVT 32-13B greater than $0, the seller must remit the net sale
balance to the county license plate issuing official in the county where the
sale occurred for deposit into the county general fund. A copy of the MVT 32-13B must also accompany
the remittance of the net sale balance.
The seller must obtain a receipt for deposit of these funds from the
county license plate issuing official and, within ten (10) days, provide the
buyer with a copy of the receipt. A copy
of the receipt must accompany the MVT 32-13B when the buyer makes application
for certificate of title. (Authority:
Sections 40-2A-7(a)(5) and 32-8-3(b)(2), Code of Alabama 1975) (New Rule:
Filed December 27, 2006, effective January 31, 2007).
810-5-75-.31.02 Abandoned Motor Vehicle Record Request (Form
MVT 32-13).
(1) The term “department” as
used in this regulation shall mean the Department of Revenue of the State of
(2) The term “abandoned motor
vehicle” as used in this regulation shall refer only to a motor vehicle
as defined in Section 32-8-2, Code of
(3) Any person or firm in possession of an
abandoned motor vehicle is required to give notice by certified mail to the
current owner, secured parties, and lienholders of
record at least 30 days prior to the date of the planned sale of the
vehicle. Information regarding the name
and address of the current owner, secured parties, and lienholders
of record shall be obtained only from the department by submitting the
following:
(a) A completed Form MVT 32-13- Abandoned
Motor Vehicle Record Request.
1. Up to 10 vehicles may be listed per
form using the vehicle identification numbers (VIN), year, make, model and
Alabama license plate number (if vehicle has a license plate) of the
vehicle(s).
2. Name of individual, company,
association, or firm as well as the telephone number and address of the
requestor must be provided.
3. Form must be signed by the party
requesting the information, or a representative of the company, association, or
firm requesting the information.
(b) Fee(s) (See Section 32-8-6, Code of
Alabama 1975, as amended, for Schedule of Fees and Commissions for title
records, and Regulation 810-5-1-.231 for registration records).
1. Payment of record search fee(s) shall
be in certified funds (personal checks will not be accepted).
2. Payment of record search fee(s) may be
in cash, if paid in person at the department’s office (do not mail cash).
3. A record search fee(s) is due on each
vehicle record requested on an Abandoned Motor Vehicle Record Request Form MVT
32-13 (nonrefundable or transferable).
4. Records will be provided on a certified
Abandoned Motor Vehicle Record Request Response statement for the vehicle
identification number (VIN) requested on an Abandoned Motor Vehicle Record
Request Form MVT 32-13. It shall be the
responsibility of the requesting party to submit an additional record search
fee and a new Abandoned Motor Vehicle Record Request Form 32-13 to obtain a
corrected Abandoned Motor Vehicle Record Request Response statement, if an
incorrect vehicle identification number (VIN) is provided to the department.
5. Title and registration record search
fees shall be charged for records requested on a vehicle required to be
titled. Only a registration record search
fee shall be charged for records requested on a vehicle not required to be
titled (See Section 32-8-31, Code of Alabama 1975, as amended).
(4) Upon receipt of a properly completed
Abandoned Motor Vehicle Record Request Form MVT 32-13 and the applicable record
search fee, the department shall provide the requesting party a certified
Abandoned Motor Vehicle Record Request Response statement containing a vehicle
identification number (VIN) record of all current owner(s) and lienholder(s) information (name and addresses) on file for
the vehicle.
(5) In the event department records contain
no information for a vehicle identification number (VIN) submitted on an
Abandoned Motor Vehicle Record Request Form MVT 32-13, the department shall provide
the requesting party a certified Abandoned Motor Vehicle Record Request
Response statement that the department has no record for the vehicle.
(6) It shall
be the responsibility of any party selling an abandoned motor vehicle to
provide the purchaser of an abandoned motor vehicle with the original Abandoned
Motor Vehicle Record Request Response statement (either certifying current
records or certifying that the department has no records) received from the
department in response to the Abandoned Motor Vehicle Record Request Form MVT
32-13 submitted by the selling party.
(Authority: Sections
40-2A-7(a)(5) and 32-8-3(b)(2), Code of Alabama 1975) (History: New rule: Filed March 17, 2004, effective April 21,
2004; Amended: Filed December 27, 2006,
effective January 31, 2007).
810-5-75-.32. Title
Procedure - Transfer of Title For A Vehicle In Bankruptcy. Reference: Sections
32-8-1 through 32-8-87, Code of
(1) Designated agent
completes MVT 5-1 (Application for Title). Application must be properly filled
in with a typewriter (BLACK INK) and signed by designated agent and owner.
(2) Supporting
Documents:
(a) Copy of court order
appointing trustee.
(b) Outstanding
certificate of title properly assigned by trustee to purchaser, if available,
or a notarized bill-of-sale issued by trustee to purchaser.
(c) Title fee of $4.00
(if outstanding certificate of title is from another jurisdiction) $3.00 (if
outstanding certificate of title is from
810-5-75-.33. Title Procedure -
Transfer of Title When A Vehicle Is Repossessed By A Lienholder
Whose Lien Has Not Been Recorded. Reference: Sections 32-8-1 through 32-8-87,
Code of
(1) Designated agent
completed MVT 5-1 (Application for Title). Applications must be properly filled
in with a typewriter (BLACK INK) and signed by designated agent and owner
(unrecorded lienholder (see note)).
(2) Supporting
Documents:
(a) Outstanding
certificate of title or manufacturer's certificate of origin issued to or
assigned to the owner in default.
(b) Form MVT 5-1
(Revised) (Repossessed Motor Vehicle Affidavit and Disposition of Vehicle Under
Lien) properly completed.
(c) Copy of security
interest agreement.
(d) Title fee of $4.00
(if vehicle was not titled in
(3) NOTE: The
unrecorded lienholder shall be required to title the
vehicle in their name. (§32-8-3(a)(2))
(1) The term
“Department” as used in this regulation shall mean the Department
of Revenue of the State of
(2) Applicant(s) shall
complete a request for an
(3) Designated agent
completes MVT 5-1c (Application for Title). The application (MVT 5-1c) shall be
machine printed or typewritten in black ink and shall be signed by the
designated agent and the applicant(s) who claim(s) ownership of the vehicle.
(4) Supporting Documents
(a) Form MVT 10-1
(Certificate of Title Surety Bond) properly completed by applicant(s) and an
insurance company licensed to issue surety bonds in the State of
(b) MVT 10-1a
(c) Documents previously
submitted with MVT 10-1a by which applicant(s) claim(s) ownership of the
vehicle.
(d) Fee (See Schedule of
Fees and Commissions).
(5) Title , when issued,
will be stamped with the legend "THIS TITLE WAS SECURED UNDER THREE-YEAR
SURETY BOND".
(6) The amount of the
bond shall be in an amount equal to one and one-half times the value of the
vehicle as determined by the Department. The Department may use as guides in
establishing the value of the vehicle such publications as National Automobile
Dealer's Association Official Used Car Guide Southeastern Edition, Redbook,
other nationally recognized guides, written appraisals from individuals or
companies whose experience can be expected to qualify them as experts, or other
sources as the Department may deem acceptable.
(7) When an application
for title (MVT 5-1c) is supported by a title issued under surety bond that is
currently in effect in another jurisdiction, the applicant(s) will be required
to post a surety bond in
(8) Certificate of title
surety bond (form MVT 10-1) may not be duplicated.
(Authority:
Sections 32-8-1 through 32-8-88, Code of Alabama 1975) (Amended
effective December 28, 1998.)
810-5-75-.36. MAKING APPLICATION FOR
TITLE - Responsibilities of Designated Agents, Requirements.
(1) The term
“Department” as used in this regulation shall mean the Department
of Revenue of the State of
(2) Designated agents
are responsible for obtaining required information and correctly typing it on
the application. All applications and information SHALL BE TYPED in black ink.
All applications submitted by a Designated Agent shall be listed on a typed
Remittance Advice (MVT 31-1). Only designated agents can accept applications
for title (MVT 5-1c).
(3) All supporting
documents required by the Department to identify and issue title shall be
stapled in the top left corner and attached to the application. The number of
forms and documents that accompany a title application will vary according to
the type of sale or transfer of ownership. The documents are of different
importance in establishing the chain of ownership of a vehicle, and documents
should be submitted in a given order. The following order shall be followed by
designated agents in submitting all supporting documents for each application.
(a) The MVT 5-1c, Title
Application, shall be on top.
(b) Ownership documents (1975
and later model vehicles): Surrender of outstanding manufacturer’s
statement of origin, certificate of title, or other acceptable title document
that is either in applicant’s name or properly assigned to applicant.
(c) All other supporting
documents.
(d) Fee (See Schedule of
Fees and Commissions).
(4) Designated Agents
are to verify that all information provided on supporting documents corresponds
with the information provided on applications. The most important factor is the
vehicle identification number (VIN). All vehicles not currently titled in
(5) Applications
received by the Department will be returned to the designated agent for
correction for any of the following reasons:
(a) Application contains
incorrect information that the Department cannot correct.
(b) Supporting documents
are incorrect or insufficient to support the issuance of an
(c) Application is not
properly listed on a remittance advice (MVT31-1) or is incorrectly assembled.
(d) Required fee was not
submitted.
(Authority:
Sections 32-8-1 through 32-8-88, Code of Alabama 1975) (Amended
effective December 28, 1998.)
810-5-75-.37. APPLICATION FOR
CERTIFICATE OF TITLE - Seller's Signature Requirements. Reference: Sections
32-8-1 through 32-8-87, Code of
Since
the manufacturer's certificate of origin, properly assigned, or the surrendered
certificate of title, properly assigned by the registered owner or selling
dealer, is a component part of an application for certificate of title upon
transfer of a vehicle and when this assignment contains the signature of the
seller, this signature will meet the requirements of seller's signature on
application for title and therefore, the seller does not have to sign the face
of the application. (§32-8-3(a)(2))
810-5-75-.38. RE-ASSIGNMENT
SUPPLEMENT FORM MVT 8-3, USED BY LICENSED
(1) Secure Re-Assignment
Supplement Form MVT 8-3 Revised shall be used by licensed
(2) The Secure
Re-Assignment Supplement Form may be used with both conforming and
nonconforming titles and MSO's, and must be attached
to the title that it supplements to be valid. This form will not be acceptable
in lieu of any blank spaces on the certificate of title, nor will a second MVT
8-3 Revised be acceptable in lieu of any blank spaces on the first form. This
form shall be considered a component part of the original title when attached
to same and any alterations to this form voids all assignments and
reassignments and carries the same penalties of law as provided for the
assignments and re-assignments on the original title.
(Authority:
§§32-8-1 through 38-8-88, Code of Alabama 1975) (Adopted
effective September 18, 1992)
810-5-75-.39. ALTERED DOCUMENTS.
Reference: Sections 32-8-1 through 32-8-87, Code of
(1) The Department will
not accept any document that has been altered. This includes, but is not
limited to, applications for title, certificates of title, manufacturer's
certificates of origin, assignments of titles and certificates of origin, bills
of sale, affidavits and all forms required by the Department whether they be
Alabama forms or forms from another jurisdiction.
(2) Any document on
which correction tape, liquid paper, white-out, yellow-out or any other type of
fluid or means (such as an ink-out) is used to remove, obliterate, delete or
cover up previously entered information will not be accepted. The Department
will require a replacement document to be obtained for the altered document.
(3) When an error is
made on a document, a single line shall be drawn through the incorrect
information and the correct information shall be entered above the incorrect
information. The person who made the error shall give a notarized affidavit stating
the reason(s) for the error and/or correction and attach said affidavit to the
document. NOTE: Persons who enter information, change, or alter a
document that pertains to an assignment must obtain notarized affidavit(s) from
the assignee(s) attesting to the incorrect and/or corrected
entry. (§32-8-3(a)(2))
810-5-75-.40. APPLICATION
FOR CERTIFICATE OF TITLE - Requirements for Names and Signatures on
Application. Reference: Sections 32-8-1 through 32-8-87, Code of
(1) An application for a
certificate of title, accompanied by the required supporting documents which
show more than one (1) owner, shall have the names of all owners shown on the
application. All owners shall sign the application.
(2) If the current bill of
sale, manufacturer's certificate of origin, or outstanding title show only one
owner and the owner shown desires to include the name of a second owner in the
certificate of title, both names must appear on the application for the
certificate and both owners must sign the
application. (§32-8-3(a)(2))
The
Department may require a licensed dealer to obtain title in the dealership's
name when a certificate of origin or certificate of title, assigned to another
person and submitted to the Department for titling, has been returned to the
dealership because the transfer was not consummated. (§32-8-3(a)(2))
810-5-75-.42. DEALER RECORDS.
Reference: Sections 32-8-1 through 32-8-87, Code of
(1) Section 32-8-45(b), Code
of Alabama 1975, provides that every dealer shall maintain for five years a
record in the form the Department prescribes (emphasis supplied) of every
vehicle bought, sold or exchanged by him or received by him for sale or
exchange, which shall be open to inspection by representatives of the
Department and law enforcement officers during reasonable business hours.
(2) The majority of
licensed motor vehicle dealers in Alabama have their records maintained by
certified public accountants and/or by computers and the records normally
maintained are in a form which meets the requirements and needs of the
Department to accurately determine all transactions of the dealerships for
vehicles bought, sold, exchanged or received for sale or exchange.
(3) The records
maintained by
(a) Name and complete
address (P. O. Box number not acceptable) of person buying, selling or
exchanging vehicle with dealer.
(b) Name and complete
address (P. O. Box number not acceptable) of owner from whom a vehicle was
received for sale or exchange.
(c) Complete vehicle
description: year, make, model, or series number, vehicle identification number
and body type.
(d) Date of transaction. (§32-8-3(a)(2))
810-5-75-.43. Assignments and
Re-assignment of Title Certificates.
(1) All certificates of
Title issued prior to September 1, 1989, shall continue to be valid and
negotiable documents. Since it provides for an inadequate number of dealer
re-assignments, the supplemental title re-assignment forms shall continue to be
valid when attached to the corresponding title certificate and by the
attachment of a conforming Federal Odometer Statement supporting the last
assignment from dealer to retail customer, and
(2) IT IS THEREFORE
ORDERED that no supplemental re-assignment forms may be used with the new
Alabama Certificate of Title issued on and after September 1, 1989, in order to
conform on a single document with The Federal Truth-In-Mileage Act in its
entirety.
(Authority:
§32-8-44 and §32-8-45, Code of Alabama 1975) (Adopted
effective April 25, 1990)
810-5-75-.44. Assignment/Reassignment of Salvage Certificate of Title.
(1) Salvage certificates
of title contain a title assignment area by the registered owner and
reassignments by licensed dealers.
(2) The salvage title
reassignments are currently restricted to use by licensed dealers and salvage
vehicles are bought and sold by individuals and the transfer is accomplished by
notarized bills of sale which may or may not contain the required odometer
disclosure information mandated by the Federal Truth-in-Mileage Act of 1986.
(3) Selling individuals
and purchasing individuals who are not licensed dealers, are also required by
the Federal Truth-in-Mileage Act of 1986 to disclose the odometer reading of a
vehicle upon transfer.
(4) Purchasers and
sellers of salvaged motor vehicles, as defined in section 32-8-2, Code of
Alabama 1975, as amended, shall complete the assignment/reassignment areas of
the (Blue) salvage certificate of title, which contains the conforming Federal
odometer disclosure information, as required by the Federal Truth-in-Mileage
Act of 1986.
(5) This rule does not
affect the Red Alabama salvage certificate of Title Procedure as it does not
conform to the requirements of the Federal Truth-in-Mileage Act of 1986.
(6) If the last
reassignment on the Blue salvage certificate is completed, and the last
assignee sells the salvage, then the last assignee shall obtain a salvage title
in his/her name before reassigning the salvage title to the purchaser.
(Authority:
§§32-8-1 through §32-8-87, Code of Alabama 1975) (Adopted
effective September 25, 1990)
810-5-75-.46. Assignment of
Certificate of Title.
1. The
2. The Federal
Truth-In-Mileage Act of 1986 (as amended) and the rules of the National Highway
Traffic Safety Administration require all states to issue a secure certificate
of title which includes a Conforming Odometer Statement in the assignment. This
Act further requires the transferee and the transferor to complete the odometer
statement on the certificate of title or by issuance of a separate conforming
Federal Odometer Statement when the certificate of title does not contain the
required odometer statement.
3. The
4. The
5. Lienholders
who are recorded on the certificate of title and effect repossession of the
motor vehicle, insurance companies who acquire ownership of a motor vehicle
under the terms of an insurance contract (policy) and the heir(s) of motor
vehicles when the deceased person died without a will, may either take title in
their name or they shall effect transfer of the vehicle(s) as follows:
(a) Lienholders
must complete the Repossessed Motor Vehicle Affidavit and Disposition of
Vehicle Under Lien (MVT Form 1-5), and shall complete the assignment of title
by owner, and if the assignment of title area does not contain the required
Federal Odometer Disclosure Statement, a separate conforming Federal Odometer
Statement as mandated by the Federal-Truth-in-Mileage Act of 1986 must be
issued by the seller to the buyer. If the buyer is the applicant for title, the
original copy of the statement must accompany the application for title.
(b) Insurance companies
who acquire ownership of non-total loss vehicles shall acquire a properly
assigned certificate of title from the owner (insured) to the insurance
company, and shall complete the "Affidavit of Acquisition and Disposition
of a Non-Total Loss Vehicle by Insurance Company" (MVT Form 45-1), and
shall complete the "first re-assignment of title by a licensed
dealer" to their transferee. If the title assignment/re-assignment area
does not contain the required Federal Odometer Disclosure Statement, a separate
conforming Federal Odometer Statement as mandated by the
Federal-Truth-in-Mileage Act of 1986 shall be issued by the insurance company
to the purchaser. If the purchaser is the applicant for title, the original
copy of the statement must accompany the application for title.
(c) Heirs of deceased
owners of motor vehicles who died without a will who dispose of motor vehicles
must complete an Affidavit for Assignment of Title When Deceased Owner Died Without
A Will (MVT Form 5-6) and shall complete the assignment of title by owner. If
the assignment of title area does not contain the required Federal Odometer
Disclosure Statement, a separate conforming Federal Odometer Statement must be
issued by the seller to the purchaser. If the purchaser is the applicant for
title, the original copy of the statement must accompany the application for
title by the applicant.
(Authority:
§32-8-3, Code of Alabama 1975) (Adopted effective September
25, 1990)
810-5-75-.46.01. Assignment of
Certificate of Title - Transferor’s Signature Requirements.
(1) As required under
Section 32-8-39 (c), Code of Alabama 1975, as amended, the Alabama
Certificate of Title provides an assignment to be completed by the owner
(transferor) upon transfer of a titled vehicle, as well as reassignments for
licensed dealers to complete to further transfer the vehicle. The transferor of
a vehicle must provide a properly assigned certificate of title to the
transferee upon the transfer of a vehicle unless the transfer is by operation
of law.
(2) The
transferor’s signature on a certificate of title, manufacturers’
statement of origin, dealer reassignment form, power of attorney, and other
documents requiring an assignment by the transferor shall meet the following
criteria:
(a) Shall be the legal
signature of transferor.
(b) Signature of
transferor must be hand written.
(c) Signature must be
first name first.
(d) Signature of each
transferor is required when names of owners on the face of the certificate of
title are joined by the conjunction “and”, or when there is NO
conjunction joining the names of the owners.
(e) Signature of either
transferor is acceptable when names of owners on the face of the certificate of
title are joined by the conjunction “or” or “and/or”.
(f) If the transferor is
a company, a representative of the company must sign as transferor. The
signature of the representative must comply with all requirements set out in
this regulation. Writing or printing the company name will not be acceptable as
a signature.
(Authority:
Section 32-8-1 through 32-8-88, Code of Alabama 1975) (Adopted
effective December 10, 1997)
810-5-75-.47. Title Procedure - Identification of Motor Vehicles Returned to the Manufacturer Because of Non-conformity to Warranty.
(1) The term
“Department” as used in this regulation shall mean the Department
of Revenue of the State of
(2) Section 8-20A-4, Code
of
(3) A specific procedure
is needed for motor vehicle manufacturers to follow in obtaining such title
certificates.
(4) Therefore, vehicles
based in
(5) Supporting
Documents:
(a) Properly assigned
certificate of title.
(b) Affidavit stating
that vehicle is being titled in name of manufacturer pursuant to the provisions
of Section 8-20A-1/6, Code of
(c) Power of attorney if
applicable.
(d) Fee (see schedule of
Fees and Commissions).
(Authority:
Section 8-20A-1 through 8-20A-6, Code of Alabama 1975) (Amended
effective December 10, 1997)
810-5-76-.01. Odometer Disclosure
Requirements.
(1) Alabama Title
Certificates (MVT Form 8-1) shall be issued which provide for the proper
Federal odometer disclosure information required by Title 15, United States
Code, Section 1981, et. seq., as amended.
(2) Applications for
Alabama Certificate of Title, wherein a change of ownership has occurred, and
applications for inspection of restored salvage motor vehicles wherein the
surrendered certificate of title does not contain the required Federal odometer
disclosure information, shall be accompanied by a separate completed Federal
Odometer Statement from the transferor to the transferee (applicant for title
or inspection). Such statement shall contain the information and disclosure as
specified in Title 15, United States Code, Section 1981, et. seq., as amended.
(Authority:
Truth in Mileage Act of 1986, Pub. L. 99-579, enacted by
Congress) (Adopted effective April 25, 1990.)
810-5-76-.02. Odometer Disclosure for
Certificates of Title - Power of Attorney.
(1) The Federal
Truth-in-Mileage Act of 1986 permits States to provide a power of attorney form
for use by owners when transferring their motor vehicles, and their certificate
of title is held by a duly recorded lienholder, or
the certificate of title is lost, and a replacement certificate of title must
be obtained. Such power of attorney can be used to disclose the vehicle's
odometer reading in the assignment of title by the titled owner and will also
permit the transferee to complete the assignment of title to the transferee.
The odometer disclosure in the title assignment must be exactly as stated in
the odometer disclosure made in the power of attorney.
(2) The Federal Truth-in-Mileage
Act of 1986 mandates that the power of attorney, utilized to transfer a vehicle
under the above conditions, be printed by a secure printing process. The Final
Rule issued by the National Highway Traffic Safety Administration (NHTSA)
regarding such secure P.O.A., defines an original P.O.A. in such a manner that
allows for the use of a multiple-part secure power of attorney form where each
part is considered to be an original when the copies are printed on secure
paper. When a secure P.O.A. is utilized, all signatures (both seller and
dealer) must be original on all parts of the secure P.O.A., not just the top
part.
(3) MVT Form 8-4 is to
be used for the purpose described above. Upon the sale of a vehicle by a
dealership, or upon the declaration of a total loss by an Insurance Company
where a MVT 8-4 secure P.O.A. has been utilized, the dealer or Insurance
Company must follow the procedures as outlined herein for the following types
of transactions: A. If vehicle is sold at retail to an Alabama resident the
original secure power-of-attorney must be submitted along with title
application in new owner's name and outstanding title to the Motor Vehicle
Division with appropriate fee and remittance advice. B. If vehicle is sold at
retail to a nonresident of Alabama the selling Alabama dealer must submit a
copy (page 2-file copy) of the secure power-of-attorney (containing all
original signatures) along with a copy of the title (front and back) to the
Motor Vehicle Division. No fee is required. The original secure
power-of-attorney and title should be given to the owner and/or lienholder, if required, for titling in the owner's
resident state. C. If vehicle is sold at wholesale to an
810-14-1-.23 Refunds of Motor Vehicle Registration Fees.
(1) In order to expedite the refunds of registration fees
to
(2) Under the authority of Section 40-12-23 and 40-12-24, Code
of
(3) As a result of Act 2004-554, effective January 1, 2005, if a registrant, after having registered or reregistered his or her motor vehicle registration during the designated renewal month(s), and later, during the designated renewal month(s), sells, totals, junks, or otherwise disposes of the motor vehicle, the registrant may request and is entitled to a refund of the registration fees paid for the upcoming registration year. The refund is due because the vehicle was disposed of prior to the effective date of the upcoming registration year. For example, a registrant with a last name beginning with the letter “A” acquires a vehicle and purchases the initial registration in the month of January. The registrant may elect to either pay registration fees for 13 months (January 1 through January 31 for the current year) and (February 1 through January 31 for the following year) at the time the plate is issued or he or she may elect to pay registration fees for one month (January 1 through January 31 for the current year) and return to the county tag office prior to January 31 and pay fees for the upcoming registration year (February 1 through January 31). The registrant then sells, totals, junks, or otherwise disposes of the vehicle prior to February 1. While the registrant paid registration fees for 13 months (January 1 through January 31) and (February 1 through January 31), the refund due is only for the period February 1 through January 31.
(4) In order to issue refunds, county license plate issuing officials shall request that the taxpayer either surrender the original registration receipt or provide a statement that the receipt was surrendered to the official responsible for collecting ad valorem taxes.
(5) When issuing refunds, county license plate issuing officials shall request, when applicable, the surrender of the license plate and/or revalidation decals. Such license plates/decals shall be retained by the county officials for audit by the Examiners of Public Accounts.
(6) At the end of each reporting period,
each county license plate issuing official will prepare a summary of refunds
given. This summary shall show the distribution of the monies collected
and the credit taken for the refunds as a line item on the Motor Vehicle
Report. (Authority: Sections 40-2A-7(a)(5) and 32-6-61, Code of
