Ala. Admin. Code r. 810-5-75-.63
Current through Register Vol. 42, No. 7, April 30, 2024
Section 810-5-75-.63 - Transactions Requiring A Secure Powers Of Attorney(1) The Federal Truth-in-Mileage Act of 1986 mandates that the power of attorney, utilized to transfer a motor vehicle, be available by a secure printing process or other secure process. 81 FR 16107 - Odometer Disclosure Requirements issued by the National Highway Traffic Safety Administration (NHTSA) regarding such secure power of attorney, allows for the use of a multiple page secure power of attorney form where each page is considered to be an original when the copies are printed on secure paper. When a secure power of attorney form (Form MVT 8-4) is utilized, all signatures and printed names (both the transferor and transferee) must be original on all parts of the secure power of attorney.(2)Disclosure of Odometer Certifications. Form MVT 8-4 (Secure Power of Attorney Form) must be used in Alabama to disclose odometer certification when: (a) Transferring a motor vehicle and the certificate of title is held by a duly recorded lienholder.(b) Obtaining a replacement certificate of title when the original certificate of title is lost.(c) Disclosing the motor vehicle's odometer reading in the assignment of title by the titled owner.(d) Completing the assignment of title to the transferee by the transferor. Note: The odometer disclosure in the title assignment must be exactly as stated in the odometer disclosure made in the power of attorney.
(3)Sale or Total Loss of a Motor Vehicle. Upon the sale of a motor vehicle by a dealer, or upon the declaration of a total loss by an insurance company where Form MVT 8-4 has been utilized, the dealer or insurance company must follow the procedures as outlined herein for the following types of transactions: (a) If a motor vehicle is sold at retail to an Alabama resident the following documents must be submitted to the department along with the appropriate fee(s): 1. Form MVT 8-4 with original signatures.2. The certificate of title application in the new owner's name.3. The outstanding certificate of title.(b) If a motor vehicle is sold at retail to a nonresident of Alabama or at wholesale to another dealer, the selling Alabama dealer must submit the following to the department: 1. Form MVT 8-4 with original signatures.2. A copy of the certificate of title (front and back). Note: If the dealer is a designated agent of the department, the dealer shall, on behalf of the department, maintain a copy of Form MVT 8-4 (containing all original signatures) and a copy of the certificate of title (front and back) for a period of not less than five (5) years. The original Form MVT 8-4 and certificate of title must be given to the owner and/or lienholder, if required, for titling in the owner's resident state or to the acquiring dealer if the vehicle is sold at wholesale.
(c) If a motor vehicle is declared to be a total loss by an insurance company and the original certificate of title is lost or the insurance company satisfies the lienholder holding the certificate of title as a result of a total loss settlement, the insurance company may obtain a secure power of attorney from the titled owner whereby the insurance company will be the purchaser and will utilize the secure power of attorney to complete assignment by the registered owner. The original secure power of attorney must be submitted along with an application for a salvage certificate of title in the insurance company's name and the outstanding title to the department with the appropriate fee.Ala. Admin. Code r. 810-5-75-.63
New Rule: Filed April 22, 2010; effective May 27, 2010. New Rule: Filed April 22, 2010; effective May 27, 2010. Amended: Filed June 29, 2012; effective August 3, 2012.Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.Author: Jonathan Lawrence
Statutory Authority:Code of Ala. 1975, §§ 40-2A-7(a)(5), 40-2A-10, 32-8-3(a)(2); Federal Truth-in-Mileage Act of 1986.