Motor Vehicles Rules and Regulations

Title 35, Part VII, Sub-parts 1-4 of the Mississippi Administrative Code includes rules and regulations concerning Motor Vehicle registration and related topics. Sub-parts 5-7 of Part VII include the regulations for Titles. View a PDF for the entire Part VII.

After July 1, 2010, any reference to Mississippi State Tax Commission, the State Tax Commission, the Tax Commission and/or commission shall mean Department of Revenue and any reference to the Commissioner of Revenue, the Chairman of the Mississippi State Tax Commission, the Chairman of the State Tax Commission, the Chairman of the Tax Commission and/or chairman shall mean Commissioner of Revenue of the Department of Revenue. (refer to § 27-3-4(4) Miss. Code Ann.​)

Subpart 1. General

​Chapter  ​Title ​Citation
​01 ​​Motor Vehicle Records Disclosure​ ​35.VII.1.01
 

Subpart 2. Tags

​Chapter ​Title ​Citation
​01 ​Special Tags ​​35.VII.2.01
​02 In-Transit and Temporary Tags 35.VII.2.02
​03 Private Carriers of Property (F-Tag)​ 35.VII.2.03
 

Subpart 3. Registration

​Chapter ​Title ​Citation
​01 Statewide Title Registration System ​​35.VII.3.01
​02 Rental Vehicle Exemption 35.VII.3.02
​03 Where to Register Vehicles​ 35.VII.3.03
 

Subpart 4. Dealers

​Chapter ​Title ​Citation
​01 ​Motor Vehicle Dealer Permit 35.VII.4.01
​02 Revocation of Designated Agent Authority 35.VII.4.02
​03 Wholesale Dealers 35.VII.4.03
​04 Designated Agent -- Cancellation of 35.VII.4.04
​05 Distributors of Mopeds 35.VII.4.05
​06 Power of Attorney 35.VII.4.06
​07 Designated Agent -- Time Period to Submit Application 35.VII.4.07
​08 Power of Attorney -- Assignment of 35.VII.4.08
​09 Detachable Attachments -- Titling and Lien Perfection 35.VII.4.09
​10 Designated Agent -- Title Fee Checks Submitted 35.VII.4.10
​11 Automobile Auction Not Defined as Selling Dealer 35.VII.4.11
​12 Vehicle Owned by Proprietorship 35.VII.4.12
​13 Designated Agent -- Re-submission of Rejects Application 35.VII.4.13
​14 Fees -- Additional Charge Must Be Itemized 35.VII.4.14
​15 Revocation of Designated Agent Status​ 35.VII.4.15
 


Motor Vehicle Records Disclosure

 

35.VII.01.01 Mississippi Administrative Code
Part VII, Subpart 1, Chapter 1

100

Synopsis of Federal Law

101

Mississippi follows federal statutes with regard to the disclosure of information obtained from motor vehicle records.  Such statutes provide that information from vehicle records may be disclosed in the following instances (permitted uses):
1. For use by any governmental agency including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State or local agency in carrying out its functions.
2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non- owner records from the original owner records of motor vehicle manufacturers.
3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only

  a. To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
  b. If such information as so submitted is not correct or is no longer correct, to obtain correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt of security interest against the individual.

4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or Local court or agency or before any self regulatory body, including the service or process, investigation in anticipation or litigation, and the execution of enforcement of judgments and orders, or pursuant to an order of a Federal, State or Local court.
5. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, re-disclosed, or used to contact individuals.
6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting.
7. For use in providing notice to the owners of towed or impounded vehicles.
8. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.2710, et seq.).
10. For use in connection with the operation of private toll transportation facilities
11. For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains.

12. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains.

13. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

14. For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.

35.VII.01.01 updated effective July 13, 2012.

102

Resale or Re-disclosure – An authorized recipient of personal information to be used for permitted purposes may resell or re-disclose the information only for a permitted use.

103

Except as otherwise provided above, the State Tax Commission and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record.

104

(Reserved)

200

Procedure for Accessing or Obtaining Motor Vehicle Record for Permitted Use

Governmental agencies, businesses and others seeking to obtain information from motor vehicle records must complete form #77-600. Such form will allow the applicant to designate the use of the information permitted pursuant to this rule. Once the applicant has been approved, the information may be obtained for a fee based on the number and type of records obtained. The cost is set by the State Tax Commission on the basis of cost to provide, maintain, and access the information required. The request for information should be mailed or faxed to the State Tax Commission. Certain records may also be accessed through our internet query system. There is an annual fee to use this online system. Request for bulk information related to permitted uses only should likewise be faxed to the State Tax Commission.

201

(Reserved)

300

Actions Against Person Misusing Personal Information

301

As provided under Federal Laws, a person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for purposes not permitted is liable to the individual to whom the information pertains, who may bring a civil action in a United States District Court. Remedies the court may award are:
1. Actual damages, but not less than liquidated damages in the amount of $2,500;
2. Punitive damages upon proof of willful or reckless disregard of the law;
3. Reasonable attorneys’ fees and other litigation costs reasonably incurred; and
4. Such other preliminary and equitable relief as the court determines to be appropriate

302

Additionally, the commissioner may deny access to motor vehicle records if he
determines other motor vehicle information has been misused by applicant previously.

303

(Reserved)


Special Tags

35.VII.2.01 updated effective April 1, 2008

 

35.VII.02.01 Mississippi Administrative Code
Part VII, Subpart 2, Chapter 1

100

In accordance with the Miss. Code Ann. Section 27-19-44(2), for any distinctive license tag or plate authorized by the Legislature from and after July 1, 2002 through June 30, 2007, the Mississippi State Tax Commission must have two hundred (200) signed applications plus the special tag fees for two hundred (200) tags before the State Tax Commission will begin producing a particular distinctive tag series. The organization or other entity for which the Legislature authorized the distinctive license tag or plate must satisfy these requirements within three (3) years after the effective date of the law authorizing the license tag or plate in order to permit the license tag or plate to be prepared and issued.

101

In accordance with the Miss. Code Ann. Section 27-19-44(3), for any distinctive license tag or plate authorized by the Legislature from and after July 1, 2007, the Mississippi State Tax Commission must have three hundred (300) signed applications plus the special tag fees for three hundred (300) tags before the State Tax Commission will begin producing a particular distinctive tag series. The organization or other entity for which the Legislature authorized the distinctive license tag or plate must satisfy these requirements within three (3) years after the effective date of the law authorizing the license tag or plate in order to permit the license tag or plate to be prepared and issued.

102

Along with the required applications and said fees, an official design for this particular special tag shall be submitted by a legal representative of the organization. The tag design must show support of said organization and must be submitted in photo ready copy. The final design will be approved by the State Tax Commission.

103

Applications can be acquired from the State Tax Commission.
104

The above mentioned items may be submitted to the State Tax Commission upon completion. The distinctive license tag or plate will be included in the next issue of special plates. These issues will occur two (2) times each year on May 1 and November 1.

105

The State Tax Commission will notify the County Tax Collectors when the initial order is ready with a list of taxpayers in their county who applied and pre-paid for the special distinctive tag. The State Tax Commission will also notify the organization or entity involved, because they will need to communicate to the initial applicants that they will need to go now to their county tax collector’s office to register the plate to their vehicle. The applicant will need to take care of this transaction as soon as he is notified by the organization that the plate is available. At this point the special distinctive plate will be available to anyone through their County Tax Collector.

106

If the initial applicants choose to wait until the expiration date of their tag to receive same, the special tag fee shall be paid again.

107

(Reserved)


In-Transit and Temporary Tags

 

35.VII.02.02 Mississippi Administrative Code
Part VII, Subpart 2, Chapter 2

100

In-Transit

101

Any motor vehicle dealer or automobile auction may apply to the State Tax Commission for special in-transit tags which when properly displayed shall authorize the motor vehicle dealer or automobile auction to operate a vehicle upon the highways of this state without paying the annual highway privilege tax upon such vehicle and without attaching any other license tag or plate to such vehicle.

102

The in-transit tag may be used when a motor vehicle is being moved between motor vehicle dealers and/or automobile auctions for the purpose of sale. The in-transit tag may not be used in place of a dealer tag.

103

The cost of the in-transit tag is Two Dollars ($2.00) and must be purchased in lots of twenty-five (25). The in-transit tag will be valid for a period of three (3) days. The three-day period begins the day the tag is placed on the vehicle, regardless of the time of day, and ends at 12:00 midnight of the third day. The tag shall be displayed in the rear window, top left, on the driver side of the vehicle.

104

The information required on the tag must be completed entirely in permanent, bold, black, ink or the fine for misuse will apply. Application for the tags shall be made to the Title Bureau of the State Tax Commission. Payment for the tags other than in valid funds will result in the loss of the tags for a period of one (1) year.

105

(Reserved)

200

Temporary

201

The temporary tag may be used when a motor vehicle in this state is sold by the motor vehicle dealer or automobile auction to a nonresident of the State of Mississippi or when a motor vehicle is sold by a motor vehicle dealer or automobile auction to a Mississippi resident who may temporarily exit this state before obtaining a Mississippi tag or plate. It is unlawful for a motor vehicle dealer or an employee of a motor vehicle dealer to operate a vehicle in inventory with a temporary tag.

202

The cost of the temporary tag is Five Dollars ($5.00) and must be purchased in lots of ten (10). The temporary tag will be valid for a period of seven (7) full working days, exclusive of the date of purchase, after the date the motor vehicle is purchased. The seven-day period will not be extended. The tag shall be displayed in the rear window, top left, on the driver side of the vehicle. The information required on the tag must be completed entirely in permanent, bold, black ink or the fine for misuse will apply. Application for the tags shall be made to the Title Bureau of the State Tax Commission. Payment for tags other than in valid funds will result in the loss of the tags for a period of one (1) year.

203

(Reserved)

300

Misuse

Any motor vehicle dealer or automobile auction who uses a temporary or intransit tag for a purpose that is not authorized shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of One Thousand Dollars ($1,000.00) and the use of all tags issued to such motor vehicle dealer or automobile auction shall be suspended for a period of one (1) year. Any unused tags must be surrendered to the State Tax Commission. No money will be refunded for unused plates returned due to misuse. Only Mississippi tags issued by the State Tax Commission are valid. Any substitutions will constitute misuse.

301

(Reserved)


Private Carriers of Property (F-Tag)

 

35.VII.02.03 Mississippi Administrative Code
Part VII, Subpart 2, Chapter 3

100

Section 27-19-3 of the Mississippi Code of 1972, as amended, provides that a “Private Carrier of Property” (“F” Tag) as being:
1. Any person transporting farm products produced on his own farm and also farm supplies, materials, and equipment used in the growing or production of his agricultural products in his own truck.
2. Any person transporting his own fish, including shellfish, in his own truck.
3. Any person transporting unprocessed forest products, wherein ownership remains the same, in his own truck.

101

For purposes of subsection (c), a forest product shall be considered “unprocessed” until such time as the same has undergone a physical change at the mill. Any change or procedure performed on the product at the mill, which changes the product in any manner, is deemed to be processed. By-products produced from forest products are also considered processed.

102

In addition, the ownership of the product must remain the same from the time the product leaves the forest. If ownership changes, then the product no longer qualifies as a forest product.

103

If said forest product is transported from one mill to another but is still in exactly the same form as when it was transported from the forest the first time (for example, the product has been in a holding yard); it is still considered to be “unprocessed” and can be transported as a “private carrier of property.”

104

Any person making application for the farm license plate under the above restrictions may sign an affidavit attesting to these facts.

105 (Reserved)


Statewide Title Registration System

 

35.VII.03.01 Mississippi Administrative Code
Part VII, Subpart 3, Chapter 1

100

In order for a county to be in compliance with the requirements of Section 27-19-99, Mississippi Code of 1972, for receiving the fifty cents (50¢) allocation for each registration fee collected and remitted to the State Tax Commission, and Sections 27-33-41 and 63-21-18, Mississippi Code of 1972, regarding entry of all title/registration data into the statewide title/registration system, the county, for each calendar month, must successfully communicate no less than ninety-five percent (95%) of all data regarding vehicle title transactions and no less than ninety-five percent (95%) of all data regarding vehicle registration transactions to the statewide title/registration system.

101

The allocation of fifty cents (50¢) per registration fee collected shall apply only to those registrations where the county issues the tags and/or decals and a registration fee is collected and remitted to the state, and only to those counties which have successfully interfaced county computer equipment with the statewide network system. The use of State Tax Commission computer equipment must have been discontinued. When a county has complied with the provisions of Section 27-19-99, Mississippi Code of 1972, such allocations shall be used as a credit against registration fees due the State Tax Commission for that particular month. Forfeiture of such credit shall occur when the minimum percentage of compliance is not achieved for that particular month.

102

From and after October 1, 1990, the Commission shall semi-annually review records regarding each county’s compliance with the required entries in order to determine whether the county shall receive its homestead exemption reimbursement monies. In making this determination, the ninety-five percent (95%) compliance percentage shall be determined by using cumulative numbers from the prior 12 month period. The records of the State Tax Commission shall be deemed prima facie correct.

103

(Reserved)


Rental Vehicle Exemption

 

35.VII.03.02 Mississippi Administrative Code
Part VII, Subpart 3, Chapter 2

100

Section 27-51-41, Mississippi Code of 1972, Annotated, exempts all motor vehicles used by a business as rentals under rental agreements with a term of not more than thirty (30) continuous days each and who have registered for the Motor Vehicle Rental Tax and have obtained the permit as proof.

101

The motor vehicles which are eligible for this exemption are rental business vehicles only. The rental business uses of a short term rental motor vehicle are limited to the relocation and maintenance of the motor vehicle and for the use of the rental customer. Any other use of an exempted rental vehicle will be considered a violation of this regulation and will result in the denial of exemption for that motor vehicle.

102

(Reserved)


Where to Register Vehicles

 

35.VII.03.03 Mississippi Administrative Code
Part VII, Subpart 3, Chapter 3

100

In order for a person to be in compliance with §27-19-57, Mississippi Code of 1972, any person, partnership or corporation required to pay Mississippi road and bridge privilege taxes, first and foremost, shall register all vehicles in the county, the city and the taxing district where the vehicles are domiciled.

101

(Reserved)

200

Domiciled
For purposes of this regulation, domiciled means the county, city and taxing district from which a vehicle leaves and to which a vehicle returns, where it comes to rest, where it is garaged, for the majority of the registration year. It is the legal residence of a vehicle.

201

(Reserved)

300

Business Vehicles
Vehicles, which are used in business, shall be registered in the county, city and taxing district in which they are domiciled. If a business vehicle remains at the business location when not in use, the vehicle should be registered at the business location. If a business vehicle goes with an employee of the company, the vehicle should be registered where the employee is located. The vehicle is to be registered in the name of the owner but the address should reflect the correct location.

301

(Reserved)

400

Homestead Exemption

401

If an owner of a vehicle files homestead exemption at a certain location, he/she is claiming that location as their domicile. Therefore, any vehicles titled in that owner’s name should be registered at the homestead location, unless the vehicle is proven to be domiciled at a different location. Above all else, a vehicle is to be registered in the county, city and taxing district where it is domiciled.

402

County residents who either own a vehicle or lease a vehicle must register at least one vehicle in the county in which they reside. All other vehicles must be registered in such county unless the vehicles remain on property owned or leased by the owner in another county.

403

(Reserved)

500

Violation
Tax collectors are not to register any vehicle in any county, city and taxing district other than the county, city and taxing district in which the vehicle is domiciled. If a vehicle is found to be registered in the wrong county, city or taxing district, then that vehicle is considered not to have been registered at all and the owner is liable for full annual taxes due in the correct county, city and taxing district plus a 25% penalty with no credit allowed for the incorrect taxes paid.

501

(Reserved)

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