Okla. Admin. Code § 260:135-7-189

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-7-189 - Junked titles

(a)Junked title defined. A junked vehicle is any vehicle which is incapable of operation or use on the highway, has no resale value except as a source of parts or scrap and has an eighty percent (80%) loss in fair market value.

(b)Out-of-state junked titles; junked title permanent classification. Any vehicle which is a junked vehicle or is specified as a junked vehicle or the equivalent thereof on a certificate of title from another state is to receive an Oklahoma Junked Title. Once a Junked Title is issued on a vehicle, it will remain as such permanently.

(c)Procedure for cancellation of title for junked vehicle. The owner of any vehicle which is incapable of operation or use on the public roads and has no resale value except as parts, scrap or junk, may deliver the certificate of title to Service Oklahoma, accompanied by an Affidavit for Cancellation of Oklahoma Title (SOk Form 701-8). Upon verification that any perfected lien against the vehicle has been released and the registration is current, the certificate of title shall be cancelled. There is no charge to the vehicle owner for this cancellation. If unable to cancel the title, an explanation will be returned to the submitting owner.

(d)Subsequent transfer of ownership of vehicle for which title has been cancelled. Once a title is cancelled, no subsequent title or registration may be issued. Any subsequent transfers of ownership will be done so on a certificate of ownership (SOk Form 766). The format of this certificate is prescribed by Service Oklahoma and furnished to all Service Oklahoma locations. Any form which contains all the information listed on the Service Oklahoma form will be acceptable.

(e)Inspection for absence of vehicle identification number. If there is no public VIN on the vehicle, it shall be inspected by a law enforcement officer to verify the absence of the number and the corresponding statement shall be signed by the officer on the certificate of ownership.

(f)Transfer of ownership for vehicles over ten model years old, or vehicles being sold to a scrap metal dealer, for which title is lost, cancelled or not available. Any vehicle over ten model years old which is not roadworthy and not capable of repair for operation or use on the roads and highways, or a vehicle which is being sold to a scrap metal dealer pursuant to 2 O.S. § 11-92, and on which the certificate of title has been lost, cancelled or otherwise not available, shall also transfer ownership by use of the certificate of ownership. The scrap metal dealer shall not provide payment for the vehicle until the certificate of ownership has been submitted to Service Oklahoma or a licensed operator, and the vehicle is determined not to be stolen. Use of this transfer of ownership form will result in cancellation of the Oklahoma title, if it has not already been done. Unless being sold to a scrap metal dealer as referenced above, if the vehicle is ten (10) model years or newer, a certificate of ownership may not be utilized unless the title has previously been cancelled.

(g)Procedure for transfers by use of certificate of ownership. This certificate of ownership will be a three part form. The buyer and seller shall each retain a copy and within thirty (30) days of the transaction, the seller shall submit one copy to Service Oklahoma or a licensed operator with the applicable fee. All requests for ownership transfer via certificate of ownership must be reviewed and approved by Service Oklahoma before processing. Service Oklahoma shall review the documentation and vehicle record to ensure the owner of record has submitted a properly completed certificate on an eligible vehicle. The record will be checked against NCIC files for the presence of a stolen vehicle record. If a stolen vehicle report is on file, the appropriate law enforcement agency will be contacted and the transaction will remain on hold, pending that agency's response. If an active lien is on file and the transaction is approved, the lienholder will be notified of the certificate of ownership transfer. If the transaction is not approved, an explanation will be returned to the submitting buyer and seller.

Okla. Admin. Code § 260:135-7-189

Transferred from 710:60-5-55 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023