TitleWave – MVD’s PQUs & Memos

MVD Information for SAMBA’s TitleWave Customers

PQU #135 – Stolen Title Check in MVD 2.0

Dec 8

Posted by rvaldez in PQU | No Comments

MVD Procedural Quick Update                                   #135

 

RE:                              Stolen Title Check in MVD 2.0
Effective date:         Monday, December 12, 2011
 
Date:                     December 7, 2011
To:                        All MVD
From:                     Mac Lewis, MVD Policy and Procedures Manager  

[This is the latest in a series of procedural updates. These updates deal with specific MVD procedures and practices. Managers and Supervisors should consistently distribute the updates to all personnel and integrate them into regular information and training sessions.]

Effective Monday, December 12, 2011, on every first-time out-of-state vehicle title transaction, MVD 2.0 will check the title presented by the customer against a database of stolen titles. The transaction will be stopped if there is a match.

 

When an agent processes a first-time out-of-state vehicle title transaction in MVD 2.0, the First Time Title (Out of State) screen will now have a field to enter the title document’s control number.

 The agent will enter the title control number in that field and the system will check that control number against our current list of stolen titles. If there is a match with the stolen titles list, the message below will appear, and the transaction will not be able to continue.

  

 

 

Always be sure to make note of the customer’s name and address and to make a photocopy of the title before returning it to the customer.

The manager should explain to the customer that MVD will not be able to process the transaction at this time. The manager should then contact local law enforcement or the State Police to report the incident. The customer may be informed that the issue has been turned over to law enforcement and specifically what agency and officer.

Tags:

PQU #131rev – Do not title any vehicle or vessel in the name of a d/b/a

Dec 8

Posted by rvaldez in PQU rev | No Comments

MVD Procedural Quick Update                              #131rev
 
 RE:                          Do not title any vehicle or vessel in the name of a d/b/a business.
Effective date:     Immediate
 
 Date:                  November 28, 2011
To:                     All MVD
From:                 Mac Lewis, MVD Policy and Procedures Manager      

[This is the latest in a series of procedural updates. These updates deal with specific MVD procedures and practices. Managers and Supervisors should consistently distribute the updates to all personnel and integrate them into regular information and training sessions.]

Effective immediately, MVD agents, including state, county-municipal and PRA offices and title service companies (TSCs) may not title any vehicle or vessel in the name of a business that is not an actual legal entity such as a corporation or LLC.

According to TRD’s Legal Services Bureau, a vehicle or vessel should never be titled in the name of a business that is not an actual legal entity such as a corporation or LLC. In other words, we should never permit a person to apply for and obtain a certificate of title in the name of a “doing business as” (d/b/a or dba) business, such as “Sunset Towing Service.” If “Sunset Towing Service” is a proprietorship, the vehicle must be titled in the name of the individual owner of the business.

Section 66-3-4 of the Motor Vehicle Code requires registration of vehicles by the “owner.” A d/b/a cannot be an “owner” because it does not have any legal existence and does not have the legal capacity to own anything. The title to a vehicle owned by John A. Smith who does business as XYZ Tires may show ownership by “John A. Smith,” or by “John A. Smith, dba XYZ Tires,” but can never be simply “XYZ Tires.”

If a business entity owner is a corporation or an LLC (limited liability company), the corporation and LLC laws require that the entity use words or letters in its name indicating its status as an artificial entity. A legal business entity must generally include in its name a formal indication of the type of business entity it is. But there are always exceptions. For example, an incorporated business may use “company” or “co.” instead of “incorporated” or “inc.”

Examples of acceptable business entity owner names are:

  1. For a corporation:
    ABC Corporation; ABC, Incorporated; ABC, Inc.; ABC Company; or ABC Co.
  2. For a limited liability company or limited partnership:
    ABC, Limited Liability Company; ABC, LLC; ABC, Limited Partnership; or ABC, L.P.

 

If you have any question about the legal status of the entity being proposed as the title owner, you may request that the applicant provide proof of the entity’s legal existence and status, or check the web site (at http://www.nmprc.state.nm.us/ ) of the New Mexico Public Regulation Commission (PRC).

Tags:

SAMBA Memo – Title Issue Date Editing

Sep 14

Posted by rvaldez in SAMBA Memo, Training, Uncategorized | No Comments

 

SAMBA MEMO

Note:  When processing a First Time/Title Transfer do not change the date in the field “Date of Issue (MM/DD/YYYY).  This is the date that is going to be printed on the title as the issue date so it should be the date processed.

We have found transactions where this date was changed to match the previous title of the vehicle.  This is wrong and will create issues with the titles that are being mailed out.

We are making programming changes to change this field to a “read only” field which will not allow you to change this field but until that programming change has been made please do not manually change this field.  If you have any questions on this matter please contact me at the contact information below.

 
Thank you
 
Rich Valdez

rvaldez@sambasafety.com or 505-797-2622 ext. 109

 

Tags:

PQU #134 – New Blood Donor Recognition Special Plate

Aug 19

Posted by rvaldez in PQU | No Comments

  Form MVD11308

MVD Procedural Quick Update                                   #134
 RE:                              New Blood Donor Recognition Special Plate
Effective date:         Immediate
 
Date:                     August 19, 2011
To:                        All MVD
From:                     Mac Lewis, MVD Policy and Procedures Manager  

[This is the latest in a series of procedural updates. These updates deal with specific MVD procedures and practices. Managers and Supervisors should consistently distribute the updates to all personnel and integrate them into regular information and training sessions.]

 A new Blood Donor Recognition special plate is now available.

 A new special plate is now available to recognize blood donors.

The new plate can be ordered using the Application for Blood Donor Recognition Special Plate form (MVD-11308).

  

The special plate fee for the Blood Donor Recognition plate is $37.00, initially and upon each renewal.

Twenty-five dollars ($25.00) of the additional fee will go to the New Mexico Department of Health to fund blood donation outreach and education.

Tags:

PQU #133 – Affidavit of Non-Use and the Penalty for Late Registration

Aug 10

Posted by rvaldez in PQU | No Comments

MVD Procedural Quick Update                                   #133
 
 
RE:                              Affidavit of Non-Use and the Penalty for Late Registration
Effective date:         Immediate
 
Date:                     August 10, 2011
To:                        All MVD
From:                     Mac Lewis, MVD Policy and Procedures Manager   

[This is the latest in a series of procedural updates. These updates deal with specific MVD procedures and practices. Managers and Supervisors should consistently distribute the updates to all personnel and integrate them into regular information and training sessions.] 

The Affidavit of Non-Use of Vehicle form MVD-11268 is to be used only for the purpose of compliance with the Mandatory Financial Responsibility Act (MFRA) based on non-use of a vehicle or out-of-state vehicle insurance. Neither MVD-11268 nor any other form or stamp may be used for any purpose related to late payment of vehicle registration fees. 

The Affidavit of Non-Use of Vehicle form (MVD-11268) has been inappropriately used by customers to document the non-use of a vehicle so as to avoid payment of the Sec. 66-3-19E penalty for operation of a vehicle with an expired registration. 

Sec. 66-3-19E NMSA 1978 says in part, “If a vehicle, other than a manufactured home, is operated or transported after the expiration of the vehicle registration, the owner of the vehicle is subject to a penalty of the greater of ten dollars ($10.00) or, if the vehicle is operated or transported thirty-one or more days after the expiration of the registration, an amount equal to seventy-five percent of the registration fee.” 

Please note that the penalty is not for a late registration, but is rather for operation of the vehicle with an expired registration. And unless we know for a fact that the customer has driven the vehicle with an expired registration, or the customer admits to so doing, we have no basis for charging the penalty. 

When a customer comes to us to renew a registration that has expired, there are two questions you can ask.

  • You may ask, “Where is the vehicle now?” If the vehicle is in the field office parking area, because the customer has driven it to the field office to renew the registration, the customer has clearly been operating the vehicle with an expired registration, and the penalty clearly does apply.
  • You may also ask, “Have you driven the vehicle since the registration expiration date?” If the answer is “yes,” the penalty applies. If the answer is “no,” and you have no proof to the contrary, the penalty does not apply.

There is no need for an affidavit or any special form or stamp to assert non-operation of the vehicle for this purpose. 

And remember: the Affidavit of Non-Use form MVD-11268 should never be used or accepted for any reason other than to satisfy the insurance requirements of the MFRA.

 

Tags: