1.2relating to motor vehicles; regulating salvage titles; modifying the disclosure of
1.3motor vehicle damage;amending Minnesota Statutes 2010, sections 168A.01,
1.4subdivisions 6a, 8a, 12a; 168A.151, subdivision 1; 325F.6641; 325F.6644,
1.5subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 168A.01, subdivision 6a, is amended to
1.8read:
1.9 Subd. 6a.
High-value vehicle. "High-value vehicle" means a vehicle
manufactured
1.10six or more years before the start of the current model year that had an actual cash value in
1.11excess of $5,000 before being damaged, or a vehicle with a manufacturer's rating of over
1.1226,000 pounds gross vehicle weight
that is not a late-model vehicle.
1.13 Sec. 2. Minnesota Statutes 2010, section 168A.01, subdivision 8a, is amended to read:
1.14 Subd. 8a.
Late-model vehicle. "Late-model vehicle" means a vehicle
manufactured
1.15in the current model year or the five model years with a manufacturer's designated model
1.16year equal to or greater than the fifth calendar year immediately preceding the current
1.17model calendar year.
1.18 Sec. 3. Minnesota Statutes 2010, section 168A.01, subdivision 12a, is amended to read:
1.19 Subd. 12a.
Older model vehicle. "Older model vehicle" means a vehicle
1.20manufactured in the sixth model year immediately preceding the current model year or
1.21earlier that is not a high-value vehicle that is not a late-model vehicle.
1.22 Sec. 4. Minnesota Statutes 2010, section 168A.151, subdivision 1, is amended to read:
2.1 Subdivision 1.
Salvage titles. (a) When an insurer, licensed to conduct business in
2.2Minnesota, acquires ownership of a late-model or high-value vehicle through payment
2.3of damages, the insurer shall immediately apply for a salvage certificate of title or shall
2.4stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF
2.5TITLE" in a manner prescribed by the department. Within
48 hours of taking possession
2.6ten days of obtaining the title of a vehicle through payment of damages, an insurer must
2.7notify the department in a manner prescribed by the department.
2.8 (b) A person shall immediately apply for a salvage certificate of title if the person
2.9acquires a damaged late-model or high-value
motor vehicle with an out-of-state title
2.10and the vehicle:
2.11 (1) is a vehicle that was acquired by an insurer through payment of damages;
2.12 (2) is a vehicle for which the cost of repairs exceeds the value of the damaged
2.13vehicle; or
2.14 (3) has an out-of-state salvage certificate of title as proof of ownership.
2.15 (c) A self-insured owner of a late-model or high-value vehicle
who that sustains
2.16damage by collision or other occurrence which exceeds
70 80 percent of its actual cash
2.17value shall immediately apply for a salvage certificate of title.
Damage, for the purpose of
2.18this calculation, does not include the actual cost incurred to repair, replace, or reinstall
2.19inflatable safety restraints and other vehicle components that must be replaced due to the
2.20deployment of the inflatable safety restraints.
2.21 Sec. 5. Minnesota Statutes 2010, section 325F.6641, is amended to read:
2.22325F.6641 DISCLOSURE OF MOTOR VEHICLE DAMAGE.
2.23 Subdivision 1.
Damage. (a) If a
motor late-model vehicle
, as defined in section
2.24168A.01, subdivision 8a, has sustained damage by collision or other occurrence which
2.25exceeds
70 80 percent of its actual cash value immediately prior to sustaining damage, the
2.26seller must disclose that fact to the buyer, if the seller has actual knowledge of the damage.
2.27The amount of damage is determined by the retail cost of repairing the vehicle based on a
2.28complete written retail repair estimate or invoice
, exclusive of the actual cost incurred to
2.29repair, replace, or reinstall inflatable safety restraints and other vehicle components that
2.30must be replaced due to the deployment of the inflatable safety restraints.
2.31(b) The disclosure required under this subdivision must be made in writing on the
2.32application for title and registration or other transfer document, in a manner prescribed
2.33by the registrar of motor vehicles. The registrar shall revise the certificate of title form,
2.34including the assignment by seller (transferor) and reassignment by licensed dealer
2.35sections of the form, the separate application for title forms, and other transfer documents
3.1to accommodate this disclosure. If the seller is a motor vehicle dealer licensed pursuant to
3.2section
168.27, the disclosure required by this section must be made orally by the dealer to
3.3the prospective buyer in the course of the sales presentation.
3.4(c) Upon transfer and application for title to a vehicle covered by this subdivision,
3.5the registrar shall record the term "rebuilt" on the first Minnesota certificate of title and all
3.6subsequent Minnesota certificates of title used for that vehicle.
3.7 Subd. 2.
Form of disclosure. The disclosure required in this section must be made
3.8in substantially the following form: "To the best of my knowledge, this vehicle has .....
3.9has not ..... sustained damage
, exclusive of any costs to repair, replace, or reinstall air bags
3.10and other components that were replaced due to deployment of air bags, in excess of
3.1170 80 percent actual cash value."
3.12 Sec. 6. Minnesota Statutes 2010, section 325F.6644, subdivision 1, is amended to read:
3.13 Subdivision 1.
Damage disclosure. Section
325F.6641 does not apply to
vehicles
3.14that are six years old or older as calculated from the first day of January of the designated
3.15model year or to commercial motor vehicles with a gross vehicle weight rating of 16,000
3.16pounds or more or to motorcycles.