Motor Vehicle Law Changes (2007)
NOTE: The information presented below is for historical purposes only, and may be out of date.
Effective August 28, 2007
SENATE BILL 22 AND 30 PROVISIONS
COMMON CARRIER TAX EXEMPTION
- Expands the common carrier vehicle sales tax exemption to include common carriers who haul intrastate commerce.
- Procedure change: Effective August 28, 2007, title applicants who claim a common carrier sales tax exemption must submit a completed Tax Exemption Statement for Authorized Common Carriers (DOR-5095). Other proof of common carrier authority or copies of lease agreements are no longer required.
SENATE BILL 82 PROVISIONS
- Eliminates Non-Resident and Intransit Permits.
- Temporary permits will be issued to non-residents; and Dealer plates must be used instead of intransit permits.
- Requires lienholders to release liens within five business days and increases related penalties up to a maximum of $2,500 for each lien.
- Requires dealers to make a minimum of 6 sales per year. Dealers who fail to meet this sales minimum will not be qualified to renew for one year.
OWNERSHIP FOR DEALERSHIP VEHICLES
- Allows proof that a dealer has applied for title or that a prior lien has been satisfied by the dealer as acceptable proof of ownership for vehicles displayed on the dealership lot (301.200).
- Restricts trailer dealers to selling trailers and motor vehicles acquired as a trade-in.
- Trailer dealers may purchase one driveaway plate to display motor vehicles accepted in trade.
SEMINAR COURSE REQUIREMENTS
- Exempts public auctions and dealer applicants who already own a separately licensed dealership from educational seminar course requirements.
OFF PREMISE SHOWS/SALES
- Allows dealers to participate in no more than two motor vehicle shows/sales annually away from their licensed place of business if:
- The event is conducted for no more than five consecutive days;
- Participants are not required to pay an unreasonably prohibitive participation fee; and
- A majority of dealers within a class of dealers in a city participate, or are invited and have the opportunity to participate.
- Dealers who are outside the city and within 10 miles of the show/sale must also be invited to participate if they are of the same dealer class or they sell the same franchised new vehicle line/make represented at the show.
- Modifies dealer advertising requirements (301.567).
OUT OF STATE RV SHOWS
- Allows out of state show promoters of recreational vehicles (RVs) to hold a show/exhibit in Missouri if:
- At least 10 Missouri RV dealers attend; and
- More than 50% of participants are Missouri RV dealers.
- Violations will result in a $5,000 fine.
- Reduces the number of motor vehicles that can be sold annually by an unlicensed dealer from seven to six.
SALVAGE VEHICLE/TITLING CHANGES
- Redefines salvage vehicle to include:
- Vehicles damaged less than 7 years from vehicle model year with a cost to repair/reconstruct exceeding eighty (80) percent of pre-damaged fair market value.
- The total cost of repairs to rebuild or reconstruct the vehicle excludes hail damage in addition to previous exclusions (301.010).
- Requires insurance companies/purchasers to apply for a salvage title on a "salvage" vehicle within 10 days of purchase when the vehicle model year is less than seven years old at the time of purchase. For older vehicles, a salvage title is optional.
- Example: A salvage title must be obtained on 2002 and newer model vehicles purchased in 2008.
SALVAGE BUSINESS LICENSEES
- Allows designated employees (in addition to uniformed officers) of the Missouri State Highway Patrol to certify salvage business locations and inspect records.
SALVAGE POOLS/DISPOSAL SALES
- Allows sales at a salvage pool/disposal sale to be open to:
- Persons engaged in and holding a current license;
- Persons from another state/jurisdiction who are allowed in their state/jurisdiction to purchase for resale, rebuild, dismantle, crush, or scrap either motor vehicles or salvage vehicles; and
- Persons who reside in a foreign country that are purchasing salvage vehicles for export outside of the United States.
- Eliminates salvage ID card/non-resident ID card requirements for purchasing at salvage pools or disposal sales.
- Requires operators of salvage pools and disposal sales to submit their records to the department on a quarterly basis.
- These may be submitted to the Dealer Licensing Section.
- Requires sellers of nonrepairable/salvage vehicles at salvage pools/disposal sales to non-U.S residents to:
- Stamp (at least two inches wide and clearly legible) the face of the title and each unused reassignment space on the back of the title "FOR EXPORT ONLY."
- Forward copies of the stamped titles to the department.
- These may be submitted to the Dealer Licensing Section on a quarterly basis.
NOTICE OF SALE
- Clarifies that vehicles transferred to insurance companies due to a total loss claim are exempt from Notice of Sale provisions.
LOCAL LOG TRUCKS AND TRACTORS
- Increases local log truck and local log truck tractor operations to a 100-mile radius from the forested site.
SENATE BILL 91 PROVISIONS
DEALERS SELLING EMERGENCY VEHICLES
- Defines emergency vehicles as follows:
- Motor vehicles used as ambulances, law enforcement vehicles, fire fighting, and assistance vehicles.
- Allows dealers who sell only emergency vehicles to be exempt from:
- Maintaining a bona fide place of business which includes:
- Building, lot, and sign requirements; and
- Maintaining a working telephone and reasonable hours.
- Law enforcement certification requirements; and
- Meeting minimum yearly sales.
HOUSE BILL 41 PROVISION
CRIMINAL RECORD CHECK FEES
- The $5 criminal record check fee (required for each applicant listed on the application for dealer licensure) increases to $9. The fee is to pay for the criminal record check through the Missouri State Highway Patrol.
SENATE BILL 583 PROVISIONS
EMISSIONS TESTING REQUIREMENTS CHANGE
- The current Gateway Clean Air Program ends on September 1, 2007. The Gateway Vehicle Inspection Program is scheduled to begin pass/fail On-board Diagnostic emissions testing on October 1, 2007 at licensed auto shops in the St. Louis ozone nonattainment area.
- The Department of Revenue will issue/renew vehicle registrations until October 1, 2007, without an emissions test. Vehicle owners who renew/register in September will be notified by the Department of Natural Resources and will have until December 1, 2007, to fulfill their emissions testing requirements.
- Effective September 1, 2007, vehicles 1995 and older are exempt from emissions testing requirements. For more information visit the website at www.GatewayVIP.com.
Effective January 1, 2007
ELECTRONIC SALES REPORTING IS MANDATORY
Dealers who sell an average of 20 or more motor vehicles, trailers, all-terrain vehicles, and/or boats per month must file their sales reports electronically. Filing electronically eliminates filing paper monthly sales reports (DOR-385) and Notice of Sale (NOS) forms.
For more information on filing your sales electronically or to view the Dealer User Manual, please visit our Dealers and Lienholders website. For telephone inquiries regarding this information, call (573) 526-3669.