Titles Rules and Regulations

Title 35, Part VII, Subparts 5-7 of the Mississippi Administrative Code includes rules and regulations for Titles for Motor Vehicles and Manufactured Homes. See information concerning registration of Motor Vehicles and 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 5. Title Applications

​Chapter ​Title ​Citation
​01 Owner's Name (Multiple) and Address Shown on Title ​​35.VII.5.01
​02 Names and Address Abbreviations on Title Certificates 35.VII.5.02
​03 Owner's Names -- Title Application and Registration Receipt 35.VII.5.03
​04 ​Lien Perfection Date 35.VII.5.04
​05 Owner's Duplicate Copy of Title Application​ 35.VII.5.05
​06 Signatures on Application -- Dealer Sale 35.VII.5.06
​07 Manufacturer's Statement of Origin -- Sufficient for Bill of Sale 35.VII.5.07
​08 Bill of Sale 35.VII.5.08
​09 Address of Title Owner and Lienholder 35.VII.5.09
​10 Owner's Names -- Title Application and Bill of Sale or MSO 35.VII.5.10
​11 ​Personal Name -- How Shown on Title 35.VII.5.11
​12 Manufacturer's Statement of Origin Required on 1970 or Later Models 35.VII.5.12
 

Subpart 6. Titling Procedures

Chapter ​Title ​Citation
​01 Non-Titled Vehicles Require Supporting Documents 35.VII.6.01
​02 Procedures of Titling Motor Homes 35.VII.6.02
​03 Joint Ownership of Motor Vehicle 35.VII.6.03
​04 Pencil Tracing 35.VII.6.04
​05 Sale of Motor Vehicles for Repairing, Towing or Storage Costs 35.VII.6.05
​06 Leased Vehicles 35.VII.6.06
​07 Name -- Lease Vehicle 35.VII.6.07
​08 Boat Trailers 35.VII.6.08
​09 Out of State Owned Motor Vehicles 35.VII.6.09
​10 State Residents with Out of State Addresses 35.VII.6.10
​11 Mini Bikes​ 35.VII.6.11
​12 Driver Training Loaned Vehicles 35.VII.6.12
​13 Substitution of Collateral 35.VII.6.13
​14 Casual Sales Between Individuals 35.VII.6.14
​15 U. S. Government -- Vehicles Purchased from 35.VII.6.15
​16 Oversized Vehicles-Titling & Lien Perfection 35.VII.6.16
​17 Out of State Title 35.VII.6.17
​18 Titling Requirements When Purchasing Temporary License Plates 35.VII.6.18
 

Subpart 7. Salvage Vehicles

​Chapter ​Title ​Citation
​01 ​Salvaged Vehicles 35.VII.7.01
​02 Salvage Procedures 35.VII.7.02
 

Owner’s Names (Multiple) and Address shown on Title

 

35.VII.05.01 Mississippi Administrative Code

Part 7, Subpart 5, Chapter 1

100

No Certificate of Title will be issued with more than two (2) names of owners and one (1) address. In the event more than two (2) owners and are involved the names of the owners and the address that will appear on the certificate must be determined by the owners in private.

101 (Reserved)

Names and Address Abbreviations on Title Certificates

 

35.VII.05.02 Mississippi Administrative Code

Part 7, Subpart 5, Chapter 2

100

In the event the name and/or address of a Designated Agent, Dealer, Owner, or Lienholder is too long to be handled by our mechanical capabilities the State Tax Commission may use abbreviations when necessary.

101 (Reserved)

Owner’s Names – Title Application and Tag Receipt

 

35.VII.05.03 Mississippi Administrative Code

Part 7, Subpart 5, Chapter 3

100

On any motor vehicle required to be Titled in this State, the names of the owner on the title certificate or application for certificate of title must be the same as shown on the Road and Bridge Privilege Tax Receipt. The foregoing does not apply to leased motor vehicle.

101 (Reserved)

Lien Perfection Date

 

35.VII.05.04 Mississippi Administrative Code

Part 7, Subpart 5, Chapter 4

100

Security interest is perfected at the time owner signs a security agreement describing the vehicle, and an application for certificate of title signed by the owner is presented to a designated agent. Upon submission of said application to the State Tax Commission, any lien date will be recorded as shown thereon.

101 (Reserved)

Owner’s Duplicate Copy of Title Application

 

35.VII.05.05 Mississippi Administrative Code

Part 7, Subpart 5, Chapter 5

100

When application is made for a certificate of title, the applicant will be provided a duplicate copy of his application. This copy will serve as a permit for the operation of the motor vehicle described in the application until the State Tax Commission either issues the certificate of title of such motor vehicle or refuses to issue the certificate of title; and the State Tax Commission and each Designated Agent receiving application for there certificate of title, when the provisions of the Act have been otherwise complied with shall deliver to the applicant the duplicate copy of his application which shall contain the suitable permit for the purpose mentioned. On such duplicate copy shall be printed OWNER – TEMPORARY PERMIT.

101 (Reserved)

Signatures on Application – Dealer Sale

 

35.VII.05.06 Mississippi Administrative Code

Part 7, Subpart 5, Chapter6

100

The application for Certificate of Title is required to be signed by the seller of the vehicle, as well as by the owner and the Designated Agent. Every effort should be made to secure the signature of the seller on the application. But the fact is that many motor vehicles are now in the hands of owners where the sellers have long since moved from the vicinity where the sales were made. This makes it impossible on some instances to obtain the signature of the seller on the application. If, after exhausted every avenue, the application for Certificate of Title will be honored by the State Tax Commission. This regulation will also apply to vehicles purchased out of state.

101 (Reserved)

Manufacturer’s Statement of Origin – Sufficient for Bill of Sale

 

35.VII.05.07 Mississippi Administrative Code

Part 7, Subpart 5, Chapter7

100

When submitting an application for Certificate of title on a new motor vehicle, a Manufacturer’s Statement of Origin, which warrants Title on assignment to the vendee is sufficient to serve as Bill of Sale.

101 (Reserved)

Bill of Sale

 

35.VII.05.08 Mississippi Administrative Code

Part 7, Subpart 5, Chapter8

100 The Mississippi Motor Vehicle Title Act required a Bill of Sale as a supporting document when making application for Certificate of Title. Many dealers have been following a custom of providing an invoice to the buyer in lieu of a Bill of Sale. When such practice is followed, it will be sufficient, on a temporary basis, to stamp the invoice stating, “This is a Bill of Sale”’ and such instrument must be signed by the seller.
101 (Reserved)

Address of Title Owner and Lienholder

 

35.VII.05.09 Mississippi Administrative Code

Part 7, Subpart 5, Chapter9

100 When submitting 78-002 (Application for Certificate of Title), Owner’s address must show Street Address Number or Post Office Box Number and Zip Code or, if address is on RFD, Route Number and Box Number and Zip Code on Route must be shown. This will also hold true for Lienholder’s Address.
101 (Reserved)

Owner’s Names – Title Application and Bill of Sale or MSO

 

35.VII.05.10 Mississippi Administrative Code

Part 7, Subpart 5, Chapter10

100 When submitting an application for Certificate of Title accompanied by required supporting documents and two (2) names are shown as buyers or current owners on the current Bill of Sale or the Manufacturer’s Statement of Origin, both names must be shown on 78-002 (Application for Certificate of Title) and both names must sign application.
101 If current Bill of Sale or Manufacturer’s Statement of Origin shows only one owner and said owner desires to include as additional owner on Title, both names must appear on 78-002 (Application for Certificate of Title) and both must sign said form.
102 (Reserved)

Personal Name – How shown on Title

 

35.VII.05.11 Mississippi Administrative Code

Part 7, Subpart 5, Chapter11

100 The personal name of all owners shown on Certificate of Title will print last name first, including company names.
101 (Reserved)

Manufacturer’s Statement of Origin Required on 1970 or Later Models

 

35.VII.05.12 Mississippi Administrative Code

Part 7, Subpart 5, Chapter12

100 All applications for certificate of title for 1970 or later year model motor vehicles must be accompanied by Manufacturer’s Statement of Origin or Certificate of Title unless the vehicle comes from a non-title State.
101 If the vehicle was purchased in a non-title State, the application must be supported by proper bills of sale and the last out-of-state tag receipts. If the vehicle is a new one, a manufacturer’s statement of origin from the selling dealer will be required.
102 (Reserved)

Non-Titled Vehicles Required Supporting Documents

 

35.VII.06.1 Mississippi Administrative Code

Part 7, Subpart 6, Chapter1

100

When applying for a Certificate of Title on a used vehicle that has not been previously titled, the following supporting documents must accompany the title application:
1. A certificate copy of Current Bill of Sale.
2. A certified copy of Previous Bill of Sale or certified copy of two years Tag and Tax receipts of previous owner.

101

(Reserved)

Procedures for Titling Motor Homes

 

35.VII.06.2 Mississippi Administrative Code

Part 7, Subpart 6, Chapter2

100

The following procedures for titling of motor homes shall be adopted as follows:
1. The VIN identifying the completed vehicle, after multi-stage manufacture, shall be the first-stage manufacture’s VIN, on the incomplete chassis and shall be only VIN which is recorded or data-entered in the State Tax Commission files.
2. To convey ownership of a new motor home, the assignment shall be made on the multi-stage certificate of origin. The first-stage and multi-stage certificate of origin shall accompany the application for title and the title document shall reflect the first- manufacturer’s VIN and the multi-stage manufacturer’s name.
3. The make of the multi-stage manufacture shall be used to describe complete vehicle and recorded or data entered in the State Tax Commission files and on the title.
4. The model year of a new complete vehicle shall be the only year recorded or data- entered in the State Tax Commission files as on the title.
5. All multi-stage manufacturers and this Agency shall uniformly enter the code “MH” for motor home in the “body type” area on the manufacturers certificate or origin, data record and the title, respectively.
6. A completed van-type vehicle, which has been altered to provide temporary living quarters, shall not be considered a motor home.
7. The following words are defined as follows:

  a. “Motor Home” – A new vehicular unit, designed to provide temporary living quarter, built into as an integral part of, or permanently attached to, a self- propelled Motor Vehicle chassis. The vehicle must contain permanently installed independent life support systems which meet the ANSI/NFPA 501 C standard, and provide at least four of the following facilities: cooking, refrigeration or ice box, self-contained toilet, heating and/or air conditioning, a portable water supply system including a faucet and sink, separate 110-125 volt electrical power supply and/or n LP gas supply.
b. “First Stage Manufacturer” means a person who manufactures an incomplete motor vehicle so that it becomes a completed motor home.
c. “Final-Stage Manufacturer” means a person who performs manufacturing operations on an incomplete motor vehicle so that it becomes a complete motor home.
d. “Multi-Stage Vehicle” means a motor vehicle that requires manufacturing operations, performed by separate manufacturers, to produce a completed motor home.
e. “Incomplete Motor Vehicle” means an assemblage of power train, steering system, and braking system to the extent that those systems are to be a part of the completed vehicle and that requires additional manufacturing operations, except addition of readily attachable components of minor finishing operation, to become a completed motor home.
101 (Reserved)

Joint Ownership of a Motor Vehicle

 

35.VII.06.3 Mississippi Administrative Code

Part 7, Subpart 6, Chapter3

100

Joint ownership of a motor vehicle: Where ownership is a joint tenancy, with right of survivorship, the owners’ names on the title shall be shown as follows: JOHN DOE AND/OR JOE DOE. To transfer ownership of the vehicle or to encumber the vehicle, both signatures are required of both are living; if one of the parties is deceased, satisfactory proof of the death of the deceased and signature of the survivor.

101

Where ownership is a tenancy in common, the owners’ names are shown as follows: JOHN DOE AND JOE DOE. To transfer ownership of the vehicle or to encumber the vehicle, both signatures are required if both are living; if one of the parties is deceased, probate proceedings are required. Where there has been no admission on the estate of the deceased vehicle owner-affidavit on Form 65-015 is required.

102

Where the ownership is a joint tenancy, with an expressed intent that either of the owners have full authority to transfer ownership of the vehicle or to encumber the same, the owners’ names are shown on the title as follows: JOHN DOE OR JOE DOE

103 (Reserved)

Pencil Tracing

 

35.VII.06.4 Mississippi Administrative Code

Part 7, Subpart 6, Chapter4

100

When submitting an application for Title accompanied by required supporting documents, if the Vehicle Identification number on any of the supporting documents is different from the Vehicle Identification Number on the application for title, Form 78-019 (Pencil Tracing of Vehicle Identification Number) must accompany said application.

101 (Reserved)

Sale of Motor Vehicles for Repairing, Towing or Storage Costs

 

35.VII.06.5 Mississippi Administrative Code

Part 7, Subpart 6, Chapter5

35.IV.06.05 revised effective February 1, 2010

100

Selling Abandoned Vehicles for Repairing, Towing and/or Storage Costs under Miss. Code Ann. Section 63-23-1 et seq.

101

An abandoned motor vehicle means a vehicle that:
1. Has been left by the owner or on the owner’s behalf with an automobile dealer, repairman, or wrecker service and has not been picked up by the owner within forty (40) days from the agreed retrieval date. If there is no agreed retrieval date, the forty (40) days begins the day the vehicle is turned over to the dealer, repairman or wrecker service;
2. Is left unattended on a public street, road or highway or other public property for at least five (5) days; or
3. Has been lawfully towed to property, owned by someone other than the vehicle owner, at the written request of a law enforcement officer and left there for at least forty (40) days without anyone claiming the vehicle.

102

Anyone intending to sell an abandoned vehicle must notify the owner and any lienholder by certified mail within ten (10) days that unless a claim on the vehicle is made within thirty (30) days or before the scheduled sale, whichever is later, the vehicle will be sold. The ten (10) days begins to run when the vehicle actually qualifies as an abandoned vehicle under section 101 of this rule. The party initiating the sale should use the last known address of both the owner and lienholder. Such information may be obtained from the Mississippi State Tax Commission or other appropriate authority. Any information obtained from an authority other than the Mississippi State Tax Commission may not be complete. If the Mississippi State Tax Commission determines that all required notifications were not made, a new title will not be issued.

103

If the letter is returned undelivered, the vehicle is not titled in Mississippi, or it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notification may be accomplished by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the county where the motor vehicle was abandoned. However, any owner or lienholder whose identity and address is known must be sent notice by certified mail.

104

Such notice, whether by certified mail or publication, must include the date, time, and location of the sale and the name and contact information of the party in possession of the abandoned vehicle. The notice should also include the amount of charges due to claim the vehicle. The sale must be by public auction.

105

If the abandoned vehicle has no market value, it may be disposed of after receiving two (2) written statements from licensed automobile dealers as to the worthlessness of such vehicle and proper notification as described above to the owner and lienholders.

106

Any person proving ownership or any lienholder may claim the abandoned motor vehicle at any time prior to the sale by paying towing, repair, reasonable storage and other necessary expenses.

107

The proceeds of the sale in excess of repair, towing, and reasonable storage expenses and all expenses incurred in connection with the sale shall become the property of the county and be paid to the chancery clerk of the county in which the sale was held to be deposited into the county general fund, subject, however to any rights of the recorded lienholder.

108

A party selling an abandoned motor vehicle must submit an Affidavit of Abandonment to the Mississippi State Tax Commission along with documentation that the procedural requirements to sell an abandoned car under Miss. Code Ann. Section 63-23-1 et seq. have been met.

109

(Reserved)

200

Sale of Motor Vehicle for Costs of Towing, Storage and Sale Only

201

Under Miss. Code Ann. Section 85-7-251, a towing company can retain possession of a motor vehicle until towing and reasonable storage costs are paid on a motor vehicle that:
1. Has been towed at the owner’s request;
2. Has been towed at the direction of a law enforcement officer; or
3. Has been towed upon request of a real property owner upon whose property a vehicle has been left without permission of the real property owner for more than five (5) days.

202

A towing company may sell a motor vehicle for towing, reasonable storage and necessary expenses to procure the sale under Miss. Code Ann. Section 85-7-251 in lieu of following the procedures of Miss. Code Ann. Section 63-23-1 et seq. However, repair costs may not be obtained under Miss. Code Ann. Section 85-7-251.

203

The towing company must notify local law enforcement of any vehicle that has been towed within twenty-four (24) hours of towing, unless the vehicle was towed at the request of the owner of the vehicle.

204

If the owner of a towed vehicle has not contacted the towing company within five (5) days of the initial tow, the towing company must obtain the names and addresses of any owner and lienholder from the Mississippi State Tax Commission or other appropriate authority. If the information is not available from the Mississippi State Tax Commission or appropriate authority, the towing company must make a good faith effort to locate ownership. The towing company must then notify the owner and lienholder by registered mail the amount due within ten (10) days following the initial tow. Any information obtained from an authority other than the Mississippi State Tax Commission may not be complete. If the Mississippi State Tax Commission determines that all required notifications were not made, a new title will not be issued.

205

If the amount due is not paid within thirty (30) days from the initial tow, the towing company must notify by certified mail the owner and lienholder that the vehicle will be sold if the towing and reasonable storage charges are not paid. The sale must be at least ten (10) days after the mailing of the certified letter.

206

The towing company must publish a notice of sale in a newspaper of general circulation once a week for two (2) consecutive weeks in the county where the motor vehicle was towed prior to the public auction. The publication may begin any time after the certified letter is mailed and but must end prior to the public auction.

207

The notice, both by certified mail and publication, must include the date, time, and location of the sale and the name and contact information of the party in possession of the vehicle. The notice should also include the amount of charges due to claim the vehicle. The sale must be by public auction

208

Any person proving ownership or any lienholder may claim the vehicle at any time prior to sale by paying towing, and reasonable storage and other expenses necessary to proceed with the sale.

209

The proceeds of the sale of such property in excess of the amount needed to pay the towing, reasonable storage and necessary expenses of the sale shall be held by the towing company for a period of six (6) months, and, if not reclaimed by the owner of the vehicle, shall become the property of the county and be paid to the chancery clerk of the county in which the sale was held to be deposited into the county general fund, subject, however to any rights of the recorded lienholder.

210

A party selling a motor vehicle under Miss. Code Ann. Section 85-7-251 must submit documentation to the Mississippi State Tax Commission that the procedural requirements have been met.

211

(Reserved)

300

Sale of Motor Vehicle for Costs of Repair and Sale Only

301

A vehicle repair shop may sell a motor vehicle for the costs of repairing a motor vehicle
under Miss. Code Ann. Section 85-7-107 in lieu of following the procedures of Miss. Code Ann. Section 63-23-1 et seq.

302 (Repealed)

Leased Vehicles

 

35.VII.06.6 Mississippi Administrative Code

Part 7, Subpart 6, Chapter6

100

Any leased motor vehicle which comes into the State of Mississippi and, under the statues of this State, is required to have placed thereon a Mississippi license tag and in addition, must also be titled under the provision of the Mississippi Motor Vehicle Title Act. The Title Certificate will reflect the true facts and the legal Title in the party, which actually holds such Title.

101 (Reserved)

Name–Lease Vehicle

 

35.VII.06.7 Mississippi Administrative Code

Part 7, Subpart 6, Chapter7

100

In the event motor vehicle is the subject of an agreement for the conditional sale or laws thereof with the right upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional lease, then such conditional lessee is considered the owner and the registration and title is issued in the name of lease. The lessor holding a security interest in a vehicle is recorded on the Certificate of Title as lienholder. If the lessor has given a security interest in the vehicle to a Bank, Finance Company, etc., said Bank or Finance Company would be the second lienholder. This type lease will hereafter be referred to as a Purchase Lease.

101

All leased vehicles that do not give the lessee the right of purchase upon performance of the conditions stated in the agreement or the immediate right of possession, will be titles in the same name of the lessor. If the lessor has given a security interest in the vehicle to a Bank, Financial Company, etc., said Bank or Finance Company will be recorded as first lienholder. This type lease will hereafter to as a Net Lease.

102

The burden is put on the lessee, lessor or Conditional seller to determine the type of lease.

103 (Reserved)

Boat Trailers

 

35.VII.06.8 Mississippi Administrative Code

Part 7, Subpart 6, Chapter8

100

Boat Trailers are not subject to title under the Title Act. However, voluntary applications for title will be accepted. This numbered rule and regulation issued July 29, 1970, is changed in that Manufacturer’s Statement of Origin will be required as a supporting document for NEW boat trailers.

101 (Reserved)

Out-of-State Owned Motor Vehicles

 

35.VII.06.9 Mississippi Administrative Code

Part 7, Subpart 6, Chapter9

100

Motor Vehicles owned by out-of-state owners that are domiciled or garaged in this State and are required to purchase a Mississippi Road and Bridge Privilege License are to be titles under Title Law. The address shown on the application for title must be the Mississippi address where garaged or domiciled.

101 (Reserved)

State Residents with Out-of-States Addresses

 

35.VII.06.10 Mississippi Administrative Code

Part 7, Subpart 6, Chapter10

100

Many motor vehicle title applicants reside in areas adjacent to states bordering Mississippi and possess only out-of-state mailing addresses. When such a person makes application for Title, the correct out-of-state address will be shown on the Title Application. Also indicate on the application form in the space headed “OTHER INFORMATION” the statement “Applicant a Mississippi resident.”

101 (Reserved)

Mini-bikes

 

35.VII.06.11 Mississippi Administrative Code

Part 7, Subpart 6, Chapter11

100

Mini-bikes that are issued a road and bridge privilege license will be defined as Motor vehicle and are to be titled under the Motor Vehicle Title Act, Senate Bill 1688.

101 (Reserved)

Driver Training Loaned Vehicles

 

35.VII.06.12 Mississippi Administrative Code

Part 7, Subpart 6, Chapter12

100

Motor Vehicles that are loaned by dealers to schools for use in Driver Training Programs are considered as owned by the dealer and as being used for demonstration or testing and, as such, are exempt from being titled under Section 5 of the Title Law. Under such circumstances, and if “new” at time of loan, such vehicle shall retain “new vehicle” status upon return to dealer.

101 (Reserved)

Substitution of Collateral

 

35.VII.06.13 Mississippi Administrative Code

Part 7, Subpart 6, Chapter13

100

When a substitution of collateral document is executed by lienholder for the purpose of titling subject vehicle, this document may accompany a properly completed 78-002 (Application for Title) and the required supporting documents under the title procedures followed. The lien date must reflect date of original Security Agreement.

101 (Reserved)

Casual Sales Between Individuals

 

35.VII.06.14 Mississippi Administrative Code

Part 7, Subpart 6, Chapter14

100

Title 35, Mississippi Administrative Code, Part VII, Subpart 6, Chapter 5 states that casual sales of vehicles between individuals do not have to be titled under the Mississippi Motor Vehicle Title Act. This rule and regulation applies only to vehicles that have not been previously titled.

101

When any motor vehicle, as defined in Section 63-21-5 of the Mississippi Motor Vehicle Title Act, that has been previously titles is transferred from one owner to another, the new owner must make application for title and submit the existing title, properly assigned, as a supporting document to the application.

102 (Reserved)

U. S. Government – Vehicles Purchased From

 

35.VII.06.15 Mississippi Administrative Code

Part 7, Subpart 6, Chapter15

100

When an individual or company purchases a Motor Vehicle that came through a title exempt agency, such as agencies of the United States Government and such vehicle was manufactured or assembled after July 1, 1969, the new owner must make application for Certificate of Title.

101

Where such vehicle is purchased directly from such United States Agency, application for Certificate of Title can be supported by a Current Bill of Sale, only, provided the vehicle was not previously titled.

102 (Reserved)

Oversized Vehicles – Titling and Lien Perfection

 

35.VII.06.16 Mississippi Administrative Code

Part 7, Subpart 6, Chapter16

100

Vehicles that exceed eight (8) feet in width and/or thirteen (13) feet (6) inches in height are excluded from being titled under the Motor Vehicle Title Act. THIS EXCLUDES MOBILE HOMES.

101

A Security interest in such vehicles is perfected under the “Uniform Commercial Code by delivery of the required documents to the Chancery Clerk of a county of the State of Mississippi.

102 (Reserved)

Out-of-State Titles

 

35.VII.06.17 Mississippi Administrative Code

Part 7, Subpart 6, Chapter17

100

When a Motor Vehicle enters this State from a Title State and application is made for Mississippi Certificate of Title, the original out-of-state title or transferable duplicate (replacement) title, properly assigned, must be provided. Affidavit of lost title, used in some states, will not be accepted in lieu of the above.

101 (Reserved)

Titling Requirements when purchasing Temporary license plate

 

35.VII.06.18 Mississippi Administrative Code

Part 7, Subpart 6, Chapter18

100

When a temporary license plate is purchased, as authorized by House Bill No. 90 of the 1974 Legislature, the applicant must make application for a Mississippi Certificate of Title unless the vehicle is properly registered and titled in another state.

101 (Reserved)

Salvaged Vehicles

 

35.VII.07.1 Mississippi Administrative Code

Part 7, Subpart 7, Chapter1

100

In the event an insured motor vehicle becomes a total loss, as a result of an accident, and the Insurance Company becomes the owner of the motor vehicle and subsequently sells this vehicle to a salvage or junk dealer, the vehicle is considered as salvage and ceases to be a Motor Vehicle. The original title should be forwarded by the owner, properly filled out and signed, to the State Tax Commission along with the vehicle identification plate. If, on the other hand the vehicle is to be repaired, it would be brought within the definition of a motor vehicle as contained within the Motor Vehicle Title Act and when the motor vehicle status has reached state of repair, the previous title must be attached to application for certificate of title and properly assigned to new owner. This, of course, would not be the Insurance Company because it would have surrendered all claims to said vehicle.

101 (Reserved)

Salvage Procedures

 

35.VII.07.2 Mississippi Administrative Code

Part 7, Subpart 7, Chapter2

100

DEFINITIONS:

1. The term “salvage vehicle” shall mean a motor vehicle which an insurance company obtains from the owner as a result of paying a total loss of claim resulting from collision, fire, flood, accident, hail damage, trespass, un-recovered theft, or other occurrence. The provisions of this section shall not apply to a motor vehicle which is ten (10) years old or older with a value of one thousand five hundred dollars ($1,500) or less, or to a motor vehicle with damage which will require the replacement or repair of five (5) or fewer minor component parts.
2. The term “rebuilt vehicle” shall mean a vehicle which has been reconstructed in this state and in the reconstruction process one (1) major or five (5) minor component parts; or, six (6) minor component parts; or, two (2) or more major component parts; or the cowl or firewall; or both the front end assembly and rear clip are repaired or replaced as a result of collision damage.
3. "Salvage Certificate of Title" shall mean document issued by the Department of Revenue or a salvage vehicle as defined in Section 100, paragraph 1.
4. “Junk certificate of Title” shall mean; a document issued by the Department for a vehicle  which has been scrapped, dismantled or destoryed and the owner has surrendered the Mississippi Certificate of Title to the Department in Accordance with Miss. Code Ann. Section 63-21-39, amended.
5. The term component parts as pertaining to passenger vehicle as set herein shall mean;

  a.

Major component parts:

i. cowl or firewall;
ii. front-end assembly;
iii. rear clip including roof panel;
iv. roof panel when installed separately;
v. frame, or any portion thereof, or in the case of a unitized body, the supporting structure which serves as the frame;
vi. any combination of five (5) minor component parts;
vii. motor or engine (replaced);​​​​​​​​​​​​​​​​​​​​​​​

viii. air bags.

  b.

Minor component parts:

i. each door;
ii. hood;
iii. each fender or quarter panel;
iv. deck lid or hatchback;
v. each bumper;
vi. both t-tops;
vii. transmission/transaxle (replaced).

  c.

As used in this section:

i. front-end assembly means all of the following: hood, fenders, bumper, radiator supports, and supporting members for such items. In the case of a unitized body, the front-end assembly includes frame support members.
ii. Rear-clip means all of the following: roof, quarter panels, trunk lid, floor pan, and the support members of such item.

6. Truck, Truck Type or Bus Type Vehicles. A component part shown in paragraph (5)(a) not listed in this section which is common to truck, truck type vehicle should be listed from (5)(a) if repaired or replaced.

  a.

Major component parts:

i. frame or any portion thereof or, in the case of a unitized body, the supporting structure which serves as the frame;
ii. cab;
iii. cargo compartment floor panel or passenger compartment floor pan;
iv. transmission or trans-axle (replaced);
v. motor or engine (replaced);
vi. roof panel;

vii. air bags.

  b.

Minor component parts:

i. each door;
ii. hood;
iii. each fender or quarter panel;
iv. each bumper;
v. tailgate.

7. Motorcycle Component parts:

  a. engine or motor;
b. transmission or trans-axle;
c. frame;
d. front fork;
e. crankcase.
101

INSURANCE COMPANY TO APPLY FOR CERTIFICATE OF TITLE:

1. An insurance company which as a result of paying a total loss claim becomes the owner of a motor vehicle and obtains the insured’s certificate of title, shall within seventy-two (72) hours after obtaining said title apply to the Department for a new Certificate of Title, surrendering with its application the current Certificate for Title and odometer disclosure made in the title or in such form as required, including documentation to show if the title applied for is for a salvage vehicle, and include a signed statement on original company letterhead which states: ( ) collision damage; ( ) hail damage; ( ) flood damage; ( ) recovered or ( ) unrecovered theft. If the vehicle sustained damage from collision or other occurrence or is recovered theft, will it require replacement of six (6) minor component parts? ( ) yes; ( ) no?. The insurance company shall staple this statement to the Certificate of Title, and make notation on the face of the Certificate of Title. Such application shall be made by the insurance company in the manner and in such form prescribed and provided by the Department. The provisions of this paragraph shall not apply to a vehicle which is ten (10) years old or older with a value prior to the loss of one thousand five hundred dollars ($1,500), or less or which will require the replacement of five (5) or fewer minor component parts in the reconstruction process.
2. If ownership of a salvage vehicle has not been acquired by an insurer, the owner must surrender the certificate of title for such vehicle to a designated agent of the State Department prior to any sale or disposition of such vehicle and not later than thirty (30) days from the date that the vehicle becomes a salvage vehicle.

102

INSURANCE COMPANY MAY RE-ASSIGN CERTIFICATE OF TITLE IN CERTAIN CASES:

An insurance company which is authorized to underwrite policies in this state and others as authorized by the Tax Commission who acquire ownership of a motor vehicle in this state which it determines not to require application for certificate of title as provided in Section 101, paragraph 1 above, may transfer ownership of said vehicle by executing the space contained on the reverse of the certificate of title reserved for First Reassignment by Licensed Dealer, naming therein the purchaser, who may be the insured, a rebuilder or dismantler. Insurer or others shall attach a signed statement or if the owner is a company, on company letterhead which states ( ) collision damage; ( ) hail damage; ( ) flood damage; ( ) recovered or ( ) unrecovered theft.

103

DEPARTMENT OF REVENUE TO BRAND TITLE:

1. There shall be “rebuilt” brand contained in the certificate of title of a motor vehicle other than a motorcycle, issued by the Department where the following are repaired or replaced in the reconstruction process as reflected in the documentation required to be presented by the rebuilder of a vehicle described in a Salvage Certificate of Title issued by this or any other state, or comparable ownership document of a vehicle which is capable of being rebuilt as determined by the document of ownership of said vehicle;

  a. one (1) major and five (5) minor component parts;
b. six (6) or more minor component parts;
c. two (2) or more major component;
d. cowl or firewall;
e. both the front-end assembly and rear clip.

2. There shall be a “rebuilt” brand affixed to the certificate of title of a motorcycle when one (1) component part as set out in Section 100 paragraph 7 herein is replaced to rebuild the motorcycle.
3. Brands appearing on titles issued by this state or another which reveal a pertinent fact or facts about a vehicle will be continued on certificates of title issued by this state. The The Department may brand a title with “Damage History”, “Flood Damage”, “Hail Damage”, or other brands where appropriate. If vehicle damage is from collision and no more than one (1) major and four (4) minor component parts or no more than five (5) minor component parts, as set out on Section 100 paragraphs 5 and 6, are repaired or replaced in the reconstruction of the vehicle, the new certificate of title shall be free of any brands.

104

INSPECTION OF A REBUILT MOTOR VEHICLE PRIOR TO RETITLING:

1. The owner/rebuilder of a motor vehicle which is described in a salvage certificate of title shall after reconstruction in this state and before sale of such vehicle present same to the Mississippi Department of Public Safety at the appointed date, time, and place for the purpose of inspection of said rebuilt vehicle, and he shall present his Application for Inspection of Salvage Vehicle, including Salvage Certificate of Title, notarized bills of sale for all major component parts used in the reconstruction process, and invoices for minor component parts used in the reconstruction process, except there shall be no notarization required on invoices. Bills of sale and invoices shall include the name of the person from whom parts were acquired, his address, telephone number, and in addition shall include the year, make, model and the vehicle identification number of the vehicle from which the parts were removed and sold. All such parts shall be described in the Department form (78-021) as part of the application for inspection. The Department of Public Safety inspection officer shall endorse the application for inspection, or make such notation on said application, which describes why retitling should not occur. Upon successfully passing inspection, the inspector will issue a Completion of Vehicle Inspection form (78- 022). The rebuilder shall then make application for certificate of title as owner, surrendering the current title, Application for Inspection of a Salvage Vehicle, Completion of Vehicle Inspection, and proof of ownership of parts used in the rebuilding process. The application for certificate of title shall also include the documentation prescribed in Section 110 paragraphs 1 and 2 hereof.
2. The inspection and certification shall include an examination of the vehicle and its parts, which the applicant for inspection has designated as replaced or repaired, to determine that the identification numbers of the vehicle or its parts have not been removed, falsified, altered defaced or destroyed; that the vehicle information is true and correct; and that there are no indications that the vehicle or any of its parts are stolen. Such certification shall not attest to the roadworthiness or safety condition of the vehicle.

105

APPLICATION FOR CERTIFICATE OF TITLE OF VEHICLE TITLED AS SALVAGE BY THIS STATE; A PERMIT TO DISMANTLE; SALVAGE CERTIFICATE; OR LIKE DOCUMENT ISSUED BY OTHER JURISDICTIONS IN ACCORDANCE WITH SALVAGE LAWS OF SAID JURISDICTION:

1. Application for certificate of title shall be made by the owner/rebuilder in the manner provided in Section 104 paragraphs 1 and 2 hereof. A subsequent title of flood or hail damaged vehicle shall be issued with a “Flood Damage” or “Hail Damage” brand affixed. A Salvage Certificate of Title or Certificate of Title last issued by any titling jurisdiction for a motor vehicle which contains a brand or sub brand indicating “NON-REBUILDABLE”, “PARTS ONLY”, or “JUNK”, shall not be titled in this state.
2. Application for certificate of title shall be made by the owner/rebuilder in the manner provided in Section 104 hereof.

106

UNLAWFUL TO OPERATE SALVAGE VEHICLE-EXCEPTION:
It shall be unlawful to operate a motor vehicle described in a Salvage Certificate of Title
upon the roads and highways of this state, except on the day of a scheduled inspection
and for the purpose of going to and from the inspection state designated. There shall be
no license tag issued for a vehicle described in a salvage title, or described in such similar
ownership document issued by another titling jurisdiction.

107

TITLING VEHICLE WHICH IS REBUILT BUT INSURER FAILED TO OBTAIN SALVAGE TITLE:
If a rebuilder acquires a damaged vehicle for which the insurer or owner did not obtain a salvage title and which is rebuilt in this state, he shall proceed as provided in Section 104 paragraphs 1 and 2. The rebuilder shall thereafter make application for certificate of title in his name as set out in Section 104 paragraphs 1 and 2.

108

REBUILDER TAKES OWNERSHIP BY RE-ASSIGNMENT OF TITLE IN THIS STATE:

A rebuilder in this state who takes ownership of a vehicle by reassignment of title by an insurance company shall include with his application for new certificate of title the documentation required above in Section 104 paragraphs 1 and 2; Section 110 paragraphs 1 and 2 except there shall be no Department of Public Safety Completion of Vehicle Inspection form (78-022) attached. The Department may require inspection of any vehicle prior to issuance of a new certificate of title. On such requirement, the rebuilder shall proceed according to Section 104 paragraphs 1 and 2; Section 110 paragraphs 1 and 2, except there shall be no salvage certificate of title attached, but the certificate of title reassigned to the rebuilder shall be attached.

109

REBUILDER TO OBTAIN NEW CERTIFICATE OF TITLE PRIOR TO SALE:
A new certificate of title shall be applied for and obtained by the owner/rebuilder prior to retail or wholesale sale of a vehicle which he rebuilt in this state, whether ownership was acquired by assignment of title of a salvage vehicle from an insurer or by reassignment of title.

110

DEFINITION OF REPAIR AND TITLING REBUILT VEHICLE:
1. The term “Repair” as set out shall not include cosmetic repair, such as surface scratches, blemishes, to the painted finish, key dings, minor dents and scrapes to minor component parts when such are documented by color photographs as set out in Section 110 paragraph 2, whether the current title is “Salvage” or has been reassigned to a rebuilder by the insurer.
2. The rebuilder shall include with every Form 78-021, Application for Inspection of a Salvage/Rebuilt Vehicle, a minimum of four (4) color photographs of the vehicle in its unrepaired condition so that a Department of Public Safety inspector may view at the same time of the inspection, and such photographs shall be surrendered with the rebuilder's application for inspection. Such photographs shall be made as follows: one (1) from each of four different angles looking from a fender on a line diagonally to the fender on the opposite side and end of the vehicle taken from a distance not more than six (6) feet from the vehicle and which clearly show the back or front, side and top of the vehicle from each angle. The rebuilder shall include other photographs as he deems necessary to show other areas of concern to him.
3. If the photographs do not clearly show prior existing damage as claimed, repair of such damage will be counted as one component part for each such part(s) so repaired.

111 (Reserved)
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