55-3-211 - Definitions for §§ 55-3-207 55-3-209, and 55-3-212.
55-3-211. Definitions for §§ 55-3-207 55-3-209, and 55-3-212.
As used in this section, §§ 55-3-207 55-3-209 and 55-3-212, unless the context otherwise requires:
(1) Flood vehicle means any passenger motor vehicle which has sustained substantial water damage as determined by departmental rules and regulations. Disclosure that a passenger motor vehicle has become a flood vehicle shall be made at the time of transfer of ownership, and the next certificate of title issued after the transfer shall be conspicuously labeled with the word Flood across the front;
(2) Nonrepairable vehicle means any passenger motor vehicle which is incapable of safe operation for use on roads or highways and which has no resale value except as a source of parts or scrap only or which the owner irreversibly designates as a source of parts or scrap. Nonrepairable vehicle includes, but is not limited to, any passenger motor vehicle which has sustained salt water damage as a result of salt water entering the passenger compartment. A nonrepairable vehicle shall be issued a nonrepairable vehicle certificate and shall never again be titled or registered;
(3) Nonrepairable vehicle certificate means a passenger motor vehicle ownership document issued by the state to the owner of a nonrepairable vehicle. Ownership of the passenger motor vehicle may only be transferred two (2) times on a nonrepairable vehicle certificate. A passenger motor vehicle for which a nonrepairable vehicle certificate has been issued can never be titled or registered for use on roads or highways. A nonrepairable vehicle certificate shall be conspicuously labeled with the word Nonrepairable across the front;
(4) Passenger motor vehicle means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways that is ten (10) model years old or less, including a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than nine thousand pounds (9,000 lbs.) gross vehicle weight, except that passenger motor vehicle does not include a motorcycle;
(5) Rebuilt title means the passenger motor vehicle ownership document issued by the state to the owner of a rebuilt vehicle. Ownership of the passenger motor vehicle may be transferred on a rebuilt title, and a passenger motor vehicle for which a rebuilt title has been issued may be registered for use on the roads and highways. A rebuilt title shall be conspicuously labeled with the words Rebuilt Vehicle Anti-theft Inspections Passed across the front;
(6) Rebuilt vehicle means any passenger motor vehicle which was previously issued a salvage title; has passed state anti-theft inspections; was issued an affidavit pursuant to § 55-3-208 that the passenger motor vehicle was rebuilt to required standards; has been issued a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections; and has a decal stating Rebuilt Vehicle Anti-theft Inspections Passed affixed to the driver's door jamb;
(7) Salvage title means a passenger motor vehicle ownership document issued by the state to the owner of a salvage vehicle. Ownership of the passenger motor vehicle may be transferred on a salvage title; however, a passenger motor vehicle for which a salvage title has been issued shall not be registered for use on the roads or highways unless it has been issued a rebuilt title. A salvage title shall be conspicuously labeled with the word Salvage across the front;
(8) (A) Salvage vehicle means any passenger motor vehicle which has been wrecked, destroyed, or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the passenger motor vehicle to its pre-accident condition and for legal operation on the roads or highways exceeds seventy-five percent (75%) of the retail value of the passenger motor vehicle, as set forth in a current edition of any nationally recognized compilation (to include automated databases) of retail values.
(B) The value of repair parts for purposes of this subdivision (8) shall be determined by using the current published retail cost of the repair parts to be used in the repair, or in the absence of a published retail cost the reasonable and customary cost in the community where repair parts are purchased.
(C) The labor cost of repairs for purposes of this subdivision (8) shall be computed by using the hourly labor rate and time allocations that are reasonable and customary in the automobile repair industry in the community where the repairs are performed.
(D) Salvage vehicle also includes, without regard to whether such passenger motor vehicle meets the seventy-five percent (75%) threshold specified in the first sentence, any passenger motor vehicle whose owner may wish to designate as a salvage vehicle by obtaining a salvage title, without regard to the extent of the passenger motor vehicle's damage and repairs. This designation by the owner shall not impose on the insurer of the passenger motor vehicle or on an insurer processing a claim made by or on behalf of the owner of the passenger motor vehicle any obligations or liabilities; and
(9) Scrap metal processor means any person who is engaged in the business of buying nonrepairable vehicles, automotive parts, or other metallic material by weight to process this material into scrap metal for remelting purposes; which utilizes machinery and equipment for processing ferrous and nonferrous metallic scrap into prepared grades; and whose principal product is metallic scrap.
[Acts 1996, ch. 552, § 3; 1996, ch. 839, § 3; 2007, ch. 484, § 32.]