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CRUSHER BILL- "Junk Vehicles"
A member called and was talking about the extended time it takes to get a T42 returned from MVD. In the discussion I discovered that the member thought he had to have every T42 approved by MVD before the cars could be disposed of and junked. That isn’t true. OTC MVD T42 has had MANY issues to overcome. With the Covid they have been working from their residences with a small crew at the office. So that alone increased the timeline exponentially. Then the move from near the Capitol to the old Sandridge building in downtown OKC threw more “monkey wrenches” into the works. Plus they lost Ankur since he passed his CPA exam and is now in the private sector. (Congratulations to Ankur for passing the CPA Exam. I hear it is a BEAR to pass and just as hard if not harder than the Bar Exam.) So they have to bring in new people and start the training process all over. And as we all discovered, there is quite a learning curve to get it right and know what is going on. That having been said, here’s the point I need to make to try to help reduce the burden on MVD T42.
I’m not an attorney and I’m not your attorney and I can’t advise you legally. I can tell you what I do and how I do it that works for me. First, there is nothing in statute that says you are required to turn in ALL of your Title 42s. You only need to turn in the T42s you want to title. You do not have to put your name on all T42s to sell to another person. You may put the buyer’s name and address on the return page for vehicles needing titles issued (I put a phone number on the side to call when they are returned to me.). You can then turn them in to MVD for your buyer. They will be returned to you since using the buyer’s address caused too many T42s being returned to OTC mailroom and they wanted to stop that. So you will have a chance to see it after it’s approved (YEA!) or denied (BOO!). I highly recommend running a new registration to check for changes or added records BEFORE turning in for approval. It can save a denial, trust me. This is for drivable vehicles that someone wants to drive on the roadway. You may want to warn the buyer that you can’t tell them it’s OK to drive the vehicle on the roadway without a title or current tag.
If the vehicle is a junk vehicle or parts vehicle you do not need to turn in to OTC/MVD T42. You may sell or scrap the vehicle using the T42 according to the Recycling law that the Used Motor Vehicle and Parts Commission set up. To sell or dispose of a vehicle for junking, crushing, parting out, or sell to a salvage, you may use the T42. You do NOT have to send to OTC/MVD T42 at all. It says so in the Recycling law that a T42 is proof of ownership for all those actions. You don’t even have to put a copy of the returned letters and green cards (PS3711) or mail receipts with your T42. It is an OTC “rule” that even though we sign an affidavit swearing that we mailed the letters we also have to prove we mailed them, which seems redundant to me. If you are a very cautious person you may want to run a new registration to be sure ownership hasn’t changed or had any new records added just for your protection, but it’s not required by statute. But it is better to be cautious and double check. You’re choice.
If we can reduce the number of Title 42s going to OTC MVD T42 it will help reduce the time to get approval for the ones that REALLY need to be approved. Keeping in mind I’m not an attorney and I can’t advise you on legal matters, I can tell you what I do with T42s that is working for me and I can share what I do. You are not required to follow my procedure or do what I do, but why make things more difficult and harder when statute has these words in it? Just a thought.
Author: Chris Puckett OWOA President