Registration upon transfer.

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  1. Repealed.

  2. (a) Except as provided in paragraph (b) of this subsection (2), the transferee, before operating or permitting the operation of a motor vehicle upon a highway, shall register the vehicle.

(b) A transferee may operate a motor vehicle on the highway before registering it if:

  1. The vehicle is exempt from registration pursuant to section 42-3-103 or 42-3-104; or

  2. The vehicle has been temporarily registered pursuant to section 42-3-203 (3); or

  3. (A) The transferee has purchased the motor vehicle within the last thirty-six hoursfrom a person who is not a motor vehicle dealer under part 1 of article 20 of title 44;

  1. The vehicle was purchased either on a Saturday, on a Sunday, on a legal holiday, orbetween 5 p.m. and 8 a.m.;

  2. The vehicle is being driven from the place where the transferor stored the vehicle tothe place where the transferee intends to store the vehicle;

  3. The owner possesses, in the vehicle, a bill of sale that shows the time and date ofsale and that is signed by both the buyer and seller; and

  4. The owner possesses, in the vehicle, proof of insurance as required by section 42-41409.

  1. If a title to or interest in a motor vehicle is transferred by operation of law, as uponinheritance, devise, or bequest, order in bankruptcy of insolvency, execution, sale, repossession upon default in performing the terms of a lease or executory sales contract, chattel mortgage, secured transaction, or otherwise, the registration thereof shall expire, and the vehicle shall not be operated upon the highways unless the vehicle is registered; except that a person repossessing the vehicle pursuant to rights granted by a mortgage or applicable law may operate the vehicle upon the highways from the place of repossession to the vehicle's new place of storage, either upon displaying upon such vehicle the number plates issued to the former owner or without displaying number plates but under a written permit obtained from the department or the police authorities with jurisdiction over such highways and upon displaying upon such vehicle a placard bearing the name and address of the person authorizing and directing such movement, plainly readable from a distance of one hundred feet during daylight.

  2. The owner of a motor vehicle who has made a bona fide sale or transfer of suchowner's title or interest and who has delivered possession of such vehicle and the certificate of title, properly endorsed, to the purchaser or transferee shall not be liable for any damages thereafter resulting from negligent operation of such vehicle by another.

Source: L. 2005: (2) amended, p. 800, § 1, effective July 1; entire article amended with relocations, p. 1098, § 2, effective August 8. L. 2006: (2)(b)(II) amended, p. 1510, § 68, effective June 1. L. 2017: (2)(b)(III)(A) amended, (SB 17-240), ch. 395, p. 2065, § 49, effective July 1. L. 2018: (2)(b)(III)(A) amended, (SB 18-030), ch. 7, p. 141, § 15, effective October 1. L. 2019: (1) repealed, (HB 19-1138), ch. 231, p. 2319, § 2, effective January 1, 2020.

Editor's note: (1) This section is similar to former § 42-3-126 as it existed prior to 2005, and portions of the former § 42-3-115 were relocated to § 42-3-212.

(2) Subsection (2) was originally numbered as § 42-3-126 (2), and the amendments to it in Senate Bill 05-014 were harmonized with § 42-3-115 (2) as it appears in House Bill 05-1107.


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