§ 31-2-103 — Contents of application; signature; vehicle identification number; issuance of certificate

Wyoming § 31-2-103

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 2: TITLE AND REGISTRATION
• Art. 1: CERTIFICATES OF TITLE

Text

(a) Applications for paper certificates of title or
electronic certificates of title, if available, shall contain or
be accompanied by:
Note: Effective 7/1/2027 this subsection will read as:
(a) Applications for paper certificates of title or
electronic certificates of title shall contain or be accompanied
by:
(i) The name and address of the owner, the manner in
which the ownership interest in the vehicle is to be held and
the person to whom the certificate of title is to be delivered;
(ii) A description of the vehicle including make,
vehicle identification number, type of body and motive power;
(iii) If a new vehicle purchased from a properly
licensed dealer in any other state or a properly licensed
Wyoming new vehicle dealer, as defined by W.S.
31-16-101(a)(xviii)(A):
(A) The manufacturer's certificate of origin
indicating the date of sale to and the name of the first person
receiving it from the manufacturer and a certification the
vehicle was new when sold by the manufacturer, however, no
person shall transfer ownership of a vehicle from a
manufacturer's statement of origin or a manufacturer's
certificate of origin unless the person is the manufacturer of
the vehicle or a properly licensed dealer for that state and who
holds a valid sales and service agreement from the manufacturer
of the vehicle;
(B) Certification by the properly licensed
dealer that the vehicle was new when sold to the applicant; and
(C) A statement from the dealer indicating the
manufacturer's suggested retail price (MSRP) for the make, model
and trim level of the vehicle sold.
(iv) Certification of applicant's ownership and any
liens or encumbrances upon the vehicle;
(v) The current title containing an assignment and
warranty of title, if applicable, and an affidavit by the
seller, either separate or contained on the current title, which
shall contain a reference to the federal regulations stating
that failure to complete or providing false information may
result in fines and imprisonment and may include a department
approved statement in substantially the following form: "I
state that the odometer now reads .... miles (no tenths) and to
the best of my knowledge that it reflects the actual mileage of
the vehicle described herein unless one (1) of the following
statements is checked: A. I hereby certify that to the best of
my knowledge the odometer reading reflects the amount of mileage
is in excess of its mechanical limits; B. I hereby certify that
the odometer reading is NOT the actual mileage. WARNING-ODOMETER
DISCREPANCY", to be retained by the county clerk upon issuance
of a new title. This paragraph shall not apply to vehicles not
originally manufactured with an odometer;
Note: Effective 7/1/2027 this paragraph will read as:
(v) The current title containing an assignment and
warranty of title, if applicable, and an affidavit by the
seller, either on a separate form through the electronic lien
and title system established under W.S. 31-2-113 that provides
remote authentication or contained on the current title, which
shall contain a reference to the federal regulations stating
that failure to complete or providing false information may
result in fines and imprisonment and may include a department
approved statement in substantially the following form: "I state
that the odometer now reads .... miles (no tenths) and to the
best of my knowledge that it reflects the actual mileage of the
vehicle described herein unless one (1) of the following
statements is checked: A. I hereby certify that to the best of
my knowledge the odometer reading reflects the amount of mileage
is in excess of its mechanical limits; B. I hereby certify that
the odometer reading is NOT the actual mileage. WARNING-ODOMETER
DISCREPANCY", to be retained by the county clerk upon issuance
of a new title. This paragraph shall not apply to vehicles not
originally manufactured with an odometer;
(vi) In the case of a vehicle registered or titled in
a state other than Wyoming, or any homemade vehicle, rebuilt
vehicle, reconstructed vehicle, any vehicle assembled from a kit
or any vehicle for which a bond is required, a current statement
made by a Wyoming law enforcement officer, or licensed Wyoming
dealer only for vehicles in his inventory or possession, that
the vehicle identification number on the vehicle has been
inspected and that the inspection occurred in Wyoming and
certifying the correct vehicle identification number displayed
on the vehicle. Any licensed Wyoming dealer performing an
inspection of a vehicle identification number under this section
shall, in addition to the requirements of this act, do so
pursuant to W.S. 31-11-108. In the case of a vehicle not in
Wyoming, the vehicle identification number may be inspected and
certified on a form approved by the department if the inspection
is made by an authorized law enforcement officer of a city,
county or state law enforcement agency or a commissioned officer
at a federal military installation or any other person
authorized to do so by law and delivered to the county clerk in
the county where the application for certificate of title is
made along with payment for the inspection fee required under
W.S. 31-3-102(b)(iv);
Note: Effective 7/1/2027 this paragraph will read as:
(vi) In the case of a vehicle registered or titled in
a state other than Wyoming, or any homemade vehicle, rebuilt
vehicle, reconstructed vehicle, any vehicle assembled from a kit
or any vehicle for which a bond is required, a current statement
submitted to the office of the county clerk or through the
electronic lien and title system established under W.S. 31-2-
113, made by a Wyoming law enforcement officer, or licensed
Wyoming dealer only for vehicles in his inventory or possession,
that the vehicle identification number on the vehicle has been
inspected and that the inspection occurred in Wyoming and
certifying the correct vehicle identification number displayed
on the vehicle. Any licensed Wyoming dealer performing an
inspection of a vehicle identification number under this section
shall, in addition to the requirements of this act, do so
pursuant to W.S. 31-11-108. In the case of a vehicle not in
Wyoming, the vehicle identification number may be inspected and
certified on a form approved by the department if the inspection
is made by an authorized law enforcement officer of a city,
county or state law enforcement agency or a commissioned officer
at a federal military installation or any other person
authorized to do so by law and delivered to the county clerk in
the county where the application for certificate of title is
made along with payment for the inspection fee required under
W.S. 31-3-102(b)(iv);
(vii) Factory price, or in lieu thereof, the
valuation as prescribed by W.S. 31-3-101(c);
(viii) Repealed by Laws 2001, Ch. 72, § 3.
(ix) Such other information as required by the
department or county clerk which may include a vehicle bill of
sale that substantially conforms with the form provided in W.S.
31-2-104(h)(ii), and any other documentation necessary to verify
proof of ownership including an affidavit for proof of ownership
or any surety bond required by this act. Any affidavit for
proof of ownership shall be prescribed pursuant to W.S. 31-1-
201(d) and shall be utilized by each county of this state;
(x) A Wyoming certificate of title shall contain an
appropriate notice whenever records readily accessible to the
state indicate that the motor vehicle was previously issued a
title or registration from any jurisdiction that bore any word
or symbol signifying that the vehicle was "salvage",
"unrebuildable", "parts only", "scrap", "junk", "nonrepairable",
"reconstructed", "rebuilt" or any other symbol or word of like
kind, or that it has been damaged by flood. Any information
concerning a motor vehicle's status shall also be conveyed on
any subsequent title issued for the vehicle by this state,
including a duplicate or replacement title.
(b) If the application for title is for a vehicle
purchased from a properly licensed Wyoming dealer, the
application may be signed by the dealer, include a statement of
transfer by the dealer and of any lien retained by the dealer.
Only a properly licensed Wyoming dealer may sign a statement of
transfer.
(c) If a vehicle to be titled has no vehicle
identification number, the applicant shall apply for and obtain
a number from the department pursuant to W.S. 31-11-105.
(d) Upon receipt of an application and payment of fees any
county clerk shall, if satisfied that the applicant is the owner
of the vehicle for which application for certificate of title is
made, issue a paper certificate of title or electronic
certificate of title, if available, upon a form or electronic
format, approved by and provided at cost to the county clerk by
the department in the name of the owner bearing the signature
and seal of the county clerk's office. The county clerk shall
not deliver a certificate of title issued under this section
until presentation of a receipt for payment of sales or use tax
pursuant to W.S. 39-15-107(b) or 39-16-107(b) or presentation of
a county treasurer receipt noting a valid exemption from paying
the sales or use tax. If a lien is filed with respect to the
vehicle, the county clerk shall, within three (3) business days,
deliver a copy of the filed lien and a copy of the issued title
to the financial institution and if available, such delivery may
be made electronically. Each paper certificate of title or
electronic version, shall bear a document control number with
county designation and certificate of title number. The title
shall be completely filled out giving a description of the
vehicle including factory price in a manner prescribed by the
department, indicate all encumbrances or liens on the vehicle
and indicate the date of issue. Certificates of title shall
contain forms for assignment of title or interest and warranty
thereof by the owner with space for notation of liens and
encumbrances at the time of transfer on the reverse side and
contain space for the notarization of the seller's signature for
a sale or transfer of title. Certificates of title are valid for
the vehicle so long as the vehicle is owned or held by the
person in whose name the title was issued. A certificate of
title is prima facie proof of ownership of the vehicle for which
the certificate was issued.
Note: Effective 7/1/2027 this subsection will read as:
(d) Upon receipt of an application and payment of fees any
county clerk shall, if satisfied that the applicant is the owner
of the vehicle for which application for certificate of title is
made, issue a paper certificate of title if requested by the
applicant or electronic certificate of title upon a form or
electronic format, approved by and provided at cost to the
county clerk by the department in the name of the owner bearing
the signature and seal of the county clerk's office. The county
clerk shall not deliver a certificate of title issued under this
section until presentation of a receipt for payment of sales or
use tax pursuant to W.S. 39-15-107(b) or 39-16-107(b) or
presentation of a county treasurer receipt noting a valid
exemption from paying the sales or use tax. If a lien is filed
with respect to the vehicle, the county clerk shall, within
three (3) business days, deliver a copy of the filed lien and a
copy of the issued title to the financial institution. The
delivery may be made electronically. Each paper certificate of
title and electronic certificate of title shall bear a document
control number with county designation and certificate of title
number. The title shall be completely filled out giving a
description of the vehicle including factory price in a manner
prescribed by the department, indicate all encumbrances or liens
on the vehicle and indicate the date of issue. Certificates of
title shall contain forms for assignment of title or interest
and warranty thereof by the owner with space for notation of
liens and encumbrances at the time of transfer on the reverse
side and contain space for the notarization of the seller's
signature or an electronic signature in accordance with W.S. 40-
21-101 through 40-21-119, for a sale or transfer of title.
Certificates of title are valid for the vehicle so long as the
vehicle is owned or held by the person in whose name the title
was issued. A certificate of title is prima facie proof of
ownership of the vehicle for which the certificate was issued.
(e) Notwithstanding subsection (d) of this section, a
person regularly engaged in the business of making loans or a
supervised financial institution, as defined in W.S.
40-14-140(a)(xix), that repossesses a motor vehicle on which it
has filed a lien shall not be liable for sales or use tax or for
any penalties for nonpayment of the sales or use tax pursuant to
W.S. 39-15-107(b) or 39-16-107(b) prior to obtaining a title
from the county clerk for that vehicle.
(f) Notwithstanding subsection (d) of this section, an
insurance company that acquires ownership of a motor vehicle
pursuant to a damage settlement shall not be liable for sales or
use tax or for any penalties for nonpayment of the sales or use
tax pursuant to W.S. 39-15-107(b) or 39-16-107(b) prior to
obtaining a title from the county clerk for that vehicle.
(g) Any Wyoming law enforcement officer who determines
from a physical inspection that the vehicle identification
number has been removed, changed, altered or obliterated for any
reason, shall proceed pursuant to W.S. 31-11-111, unless the
vehicle is in the process of obtaining a state assigned number
pursuant to W.S. 31-11-105.