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Rs 32:702 Definitions

§702. Definitions

As used in this Chapter:

(1) "Antique vehicle" shall mean a vehicle twenty-five years old or older.

(2) "Authorized officer" means any officer of a federally insured financial institution

operating in Louisiana who is designated to witness the endorsement of a seller, on behalf

of a federally insured financial institution, for the purpose of executing the transfer of a titled

motor vehicle or titled vehicle in accordance with the requirements of this Chapter. A

federally insured financial institution may designate one or more officers to serve as

authorized officers.

(3) "Auto hulk" means any material which is or may have been a motor vehicle, with

or without all component parts, which is not self-propelled nor capable of carrying persons

or property upon a public highway and which material is in such condition that its highest

or primary value is its sale or transfer as parts or scrap metal.

(4) "Auto title company" means any person, firm, association, or corporation which

is engaged primarily in the transfer and recordation of sales, leases, or mortgages of vehicles

including but not limited to mobile homes, trailers, and motor vehicles. The term "auto title

company" also means any person, firm, association, or corporation which has been licensed

in accordance with the provisions of R.S. 32:735 et seq. An auto title company shall not

mean an insurance company transferring titles to wrecked vehicles, or a licensed motor

vehicle dealer, lending institution, financial institution regulated by state or federal

authorities, notary, attorney, or individual applicant unless it or he is doing business as an

auto title company.

(5) "Certificate of destruction" means a type of certificate of title issued by the office

of motor vehicles for a "water-damaged vehicle" other than an antique vehicle or a vehicle

in excess of twenty thousand pounds gross vehicle weight rating (GVWR), whose power

train, computer, or electrical system has been damaged by flooding as the result of a

gubernatorially declared disaster or emergency and that is a "total loss" as defined in this

Section. The certificate of destruction shall be reassignable a maximum of two times prior

to dismantling or destruction of the vehicle.

(6)(a) "Commissioner" shall mean the director of public safety as provided for in

R.S. 40:1301, who, in addition to all other powers granted and duties imposed by law, shall

have all powers granted and perform such duties as are imposed on the commissioner by this

Chapter.

(b) Any duly authorized representative of the commissioner when acting under his

authority and direction, shall have the same power as is conferred on the commissioner by

this Chapter.

(7)(a) "Dealer" shall mean any person engaged in the business of buying, selling or

exchanging motor vehicles which are subject to license under Chapter 4 of the Subtitle II of

Title 47 of the Louisiana Revised Statutes of 1950.

(b) The term dealer shall also mean any person engaged in the business of buying,

selling or exchanging used parts or used accessories of motor vehicles.

(c) Any person who buys, sells, or deals in ten or more motor vehicles in any twelve

month period shall be prima facie presumed to be engaged in such business.

(d) The term "Dealer" does not include: public officers while performing their

official duties; receivers, trustees, administrators, executors, guardians or other persons

appointed by or acting under the judgment or order of any court; banks, finance companies

or other loan agencies that acquire motor vehicles as an incident to their regular business;

motor vehicle rental and leasing companies that sell motor vehicles to motor vehicle dealers

licensed under this Section; and bona fide fleet purchasers of motor vehicles.

(8) "Floor plan loan" shall mean any loan made to a licensed vehicle dealer and

secured by a chattel mortgage entered into prior to the effective date1 of Chapter 9 of the

Louisiana Commercial Laws (R.S. 10:9-101 et seq.) which constitute a part of the dealer's

stock in trade, and which may change in specifics, held for sale in the ordinary course of

business.

(9) "Manufacturer" means any person regularly engaged in the business of

manufacturing or assembling new motor vehicles, either within or without this state.

(10) "Manufacturer's certificate" means a certificate on a form to be prescribed by

the commissioner, and furnished by the manufacturer, showing the original transfer of a new

vehicle from the manufacturer to the original purchaser, and each subsequent transfer

between distributor and dealer, dealer and dealer, and dealer to owner, through and including

the transfer to the title applicant.

(11) "Person" shall mean any individual, firm, corporation, partnership or

association.

(12) "Salesman" shall mean any person who for a compensation or valuable

consideration is employed or engaged either directly or indirectly by a "dealer" to sell or offer

to sell, buy or offer to buy, exchange or offer to exchange, or negotiate the purchase or sale

or exchange, or assist in negotiating the purchase or sale or exchange, either as a whole or

partial vocation, of motor vehicles which are subject to license under Chapter 4 of Subtitle

II of Title 47 of the Louisiana Revised Statutes of 1950.

(13) "Salvage title" shall mean a certificate used to evidence the declaration in an

insurance settlement that a motor vehicle is a "total loss" motor vehicle as provided in this

Chapter, to be prescribed and distributed by the office of motor vehicles, to an insurance

company, its authorized agent, or the owner of a "total loss" motor vehicle.

(14) "Total loss" means a motor vehicle which has sustained damages equivalent to

seventy-five percent or more of the market value as determined by the most current National

Automobile Dealers Association Handbook. However, a motor vehicle that sustains

cosmetic damages caused by hail equivalent to seventy-five percent or more of its market

value as a result of costs for repairs to items such as windshields, windows, and rear glass,

exterior paint and paint materials, and body damage such as dents shall not be deemed a

"total loss" and salvaged; however, such vehicles shall be issued a branded title indicating

the vehicle has sustained hail damage.

(15) "User" shall mean any person who acquires a vehicle for purposes other than

resale and is required to register same under the provisions of the Louisiana Vehicle

Registration License Tax Law, Chapter 4 of Subtitle II of Title 47 of the Louisiana Revised

Statutes of 1950.

(16) "Vehicle" shall include those devices sometimes referred to as mobile homes

as defined in R.S. 9:1149.2(3), whether or not they may be required to be registered or

licensed under other laws, and except as otherwise expressly provided herein, the provisions

of this Chapter shall apply to the sale and mortgaging thereof. Neither the inclusion or

exclusion of any property in or from the definition of vehicle for purposes of this Chapter,

nor any other provision in this Chapter, is intended to affect in any way the status, as

determined under other laws, of such property for purposes of ad valorem property taxation,

or for any other taxes presently levied, or for the purposes of insurance classification.

(17) "Water-damaged vehicle" means any vehicle whose power train, computer, or

electrical system has been damaged by flooding and that is a "total loss" as defined in this

Section.

Acts 1950, No. 342, §2 to 5. Amended by Acts 1952, No. 121, §1; Acts 1956, No.

585, §1; Acts 1968, No. 107, §1; Acts 1972, No. 96, §1, eff. Jan. 1, 1973; Acts 1972, No.

771, §1; Acts 1975, No. 409, §1; Acts 1978, No. 631, §1; Acts 1984, No. 707, §1; Acts 1985,

No. 594, §1, eff. July 13, 1985; Acts 1985, No. 964, §1; Acts 1988, No. 561, §1; Acts 1989,

No. 137, §11, eff. Sept. 1, 1989; Acts 1989, No. 262, §2; Acts 1989, No. 674, §1; HCR No.

84, 1989 R.S., eff. June 19, 1989; Acts 1990, No. 964, §1; Acts 1993, No. 737, §1; Acts

1993, No. 1005, §1; Acts 1999, No. 645, §1; Acts 2001, No. 1007, §1; Acts 2005, 1st Ex.

Sess., No. 42, §1, eff. Dec. 6, 2005; Acts 2008, No. 586, §1; Acts 2009, No. 435, §1, eff. July

1, 2010; Acts 2017, No. 305, §1.

1January 1, 1990.

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Local Government
Louisiana
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
vehicle
motor
vehicles
license
louisiana
transfer
sale
business
damage
1950