Alabama Motor Vehicle Code

History: New Rule: Filed July 24, 2000; effective August 28, 2000. Amended: Filed April 26, 2001; effective May 31, 2001. Amended: Filed November 2, 2004; effective December 7, 2004.

Statutory Authority: Code of Ala. 1975, @@ 40-2A-7(a)(5), 40-7-64.

Author: Shelley Tice

810-5-1-.215 Vintage Vehicle License Plates; Issuance Of; Use Of; Transferring; Other Provisions.

(1) The Department of Revenue considers the following activities of the owner or operator of a vehicle displaying a Vintage Vehicle license plate as satisfying the requirements of Section 40-12-290, Code of Ala. 1975, as to vehicle use; either if (a) The vehicle is operated on the streets or highways for the purpose of moving the vehicle to a location for maintenance or repair, or

(b) The vehicle is operated in "club activities, exhibitions, tours, parades," and can be driven to these locations for the purposes of attending these events or activities. For purposes of Section 40-12-290, the term "club activities" shall refer to the sponsored activities of Vintage Vehicle owner organizations, such as the Antique Automobile Club of America, or the Model A Club of America. The term "exhibitions" shall be deemed to refer to public displays of Vintage Vehicles and shall include antique car shows within or without this state. The term "tours" shall be deemed to be an organized trip comprised of several Vintage Vehicles to a predetermined location(s). The term "parades" is deemed to be a public procession on a festive or ceremonial occasion.

(2) The Department of Revenue considers the following activities by an owner or operator of a vehicle displaying a Vintage Vehicle license plate to be outside the criteria of legal use and in conflict with the provisions of Section 40-12-290, et seq., as amended:

(a) The use of the Vintage Vehicle license plate on a vehicle that is being driven to school, to work, shopping, etc.

(b) The use of a vehicle displaying a Vintage Vehicle license plate in any type commercial enterprise.

(c) The use of Vintage Vehicle license plate on a bus (with or without passenger seats), even if privately owned and operated. Also, Section 40-12-290 does not authorize use on trailers, ambulances, taxis, or any other type vehicle not specifically identified in this section. (3) Section 40-12-290(d) contains the following phrase: "which weighs not more than 26,000 pounds gross weight." The Vintage Vehicle license plate may be properly used on a truck or truck tractor having a manufacturers gross weight rating over 26,000 pounds, if the actual weight of the vehicle does not exceed 26,000 pounds (including driver, and any passengers). The 26,000-pound limitation is not applicable to fire trucks registered with Vintage Vehicle license plates.

(4) Under the provisions of Section 40-12-290, county license plate issuing officials may not issue or transfer antique license plates after September 30, 1996, and, beginning October 1, 1997, all antique license plates become invalid. Owners of vehicles to whom antique license plates were properly issued (or transferred) prior to October 1, 1996, may continue to operate the vehicles in accordance with Regulation No. 810-5-1-.215.01 during the period October 1, 1996 through September 30, 1997.

(5) Under Section 40-12-290(4), an owner of a vehicle displaying an antique license plate may, beginning October 1, 1996, exchange said license plate in favor of the Vintage Vehicle license plate, if the vehicle is at least 30 years old, and is operated within the provisions of the Vintage Vehicle law. In that this subsection uses the phrase "without payment," the county issuing officials shall not charge the authorized registration fees, ad valorem taxes or issuance fees. The exchange provisions established by this subsection are not applicable to owners of vehicles who acquire standard or other distinctive license plates; and such owners acquiring standard or other distinctive license plates shall not be required to surrender their antique license plates. The exchange provisions authorized under this section are valid during the period October 1, 1996 through September 30, 1997; after that date, antique plates may not be exchanged because credit can not be given for an invalid license plate. The exchange provisions are not mandatory; a registrant may elect to retain the antique license plate as a keepsake, and pay the established fee for a Vintage Vehicle license plate.

(6) An ad valorem tax lien attached on October 1, 1996, to all vehicles previously registered as Antique Vehicles and which do not qualify to receive Vintage Vehicle license plates. Section 40-12-293, Code of Alabama, provides that vehicles registered with Vintage Vehicle license plates shall be exempt from ad valorem taxation. Vehicles in excess of 30 years of age which are not registered with Vintage Vehicle plates will be subject to ad valorem taxation.

(7) October 1 shall be considered as the beginning of a new model year for vehicles registered as Vintage Vehicles. For example, on October 1, 1996, a 1967 year model vehicle will qualify for Vintage Vehicle license plates; on October 1, 1997, a 1968 year model qualifies, etc.

(8) In issuing the Vintage Vehicle license plates, county issuing officials are to collect the $ 10.00 registration fee, the issuance fee, any applicable penalty or interest charges due, and any ad valorem taxes due. As provided in Section 5 above, anyone exchanging an antique license plate may be issued the Vintage Vehicle license plate "without payment."

(9) Anyone seeking to transfer a Vintage Vehicle registration into his/her name must provide proof of ownership, must certify that the vehicle continues to qualify as a Vintage Vehicle; and will be used in accordance with the provisions of the Vintage Vehicle Law (Section 40-12-290 et seq.), pay the appropriate transfer fee and any casual sales tax due; and, must request the transfer within the time specified in Section 40-12-260, Code of Ala. 1975, as amended, or be subject to the transfer penalty.

(10) Vehicles manufactured in the United States before 1954 may not have vehicle identification numbers, and thus are to be registered using the vehicle's motor number. (11) Applicants will complete an application (form # MVR 40-12-290), in which the vehicle owner certifies that he/she is the true owner of the vehicle, the vehicle description is accurate, the identification number is correct, the vehicle meets the requirements within Section 40-12-290 to obtain the Vintage Vehicle license plate, and, if applicable, the owner is exchanging an antique license plate as a credit to obtain the Vintage Vehicle license plate. Additionally, the person(s) seeking to register the vehicle may be required to prove ownership by providing such documents as a bill of sale, a motor vehicle registration in the registrant's name, or a previously issued insurance policy for the vehicle in the applicant's name.

(12) Under Section 40-12-290(d), to qualify as a Vintage Vehicle, the vehicle must have "the original or substantially similar vehicle body, chassis, engine, and transmission as designated for that make, model, year, and age vehicle. " The Department interprets this language to require that the vehicle must have either the original parts and engine, or must have the vehicle or vehicle parts restored to the point that the vehicle/ parts appear to be the original vehicle. The vehicle must not have been shortened/lengthened/raised/lowered from its original size when manufactured. Furthermore, this subsection does not authorize the issuance of Vintage Vehicle license plates to vehicles with mechanical parts and accessories of a later year model vehicle. For example, a 1928 "Model A" Ford does not have a high performance engine, mag tires, and advanced stereo equipment. Also, "replica" or " kit cars," which are generally fiberglass reproductions of earlier year model vehicles, do not qualify for Vintage Vehicle license plates.

(13) In the event the Vintage Vehicle license plate becomes faded or mutilated, or otherwise difficult to read, or is lost or stolen, the owner shall apply for a replacement Vintage Vehicle license plate, which shall be issued from the inventory of Vintage Vehicle license plates maintained by the county issuing officials. The vehicle owner shall pay the replacement fee provided under Section 40-12-265, Code of Ala. 1975, and shall surrender the faded or mutilated Vintage Vehicle license plate.

(14) When issuing standard license plates to a vehicle owner convicted of violating the Vintage Vehicle Law, the issuing official shall not allow credit for any registration fee paid by the registrant when obtaining the Vintage Vehicle license plate. Additionally, the issuing official shall collect registration fees, plus penalty and interest charges, from the date that the Vintage Vehicle license plate was issued; provided, that the maximum liability for prior registration fees may not exceed three years. Officials shall also collect ad valorem taxes as if the vehicle owner had not previously qualified for an ad valorem exemption upon obtaining the Vintage Vehicle license plate.

(15) In the event that someone, having obtained Vintage Vehicle license plates, decides that he/she wants to begin using the vehicle in the same manner as a vehicle displaying standard license plates, the owner may, prior to such use, obtain the standard license plates by paying the appropriate registration fee to their designated renewal month, and display the standard license plate on the vehicle. In such cases, it will be necessary to surrender the Vintage Vehicle license plate, provided, the owner shall not receive a credit against the standard license plate for fees paid for the Vintage Vehicle license plate. Ad valorem taxes will begin accruing at the time that the standard license plates are obtained.

History: New Rule: Filed January 27, 1997, effective March 3, 1997.

Statutory Authority: Code of Ala. 1975, @@ 40-12-290, 40-12-293. Author: Johnny Newman

(1) The term "Department" as used in this regulation shall mean the Department of Revenue of the State of Alabama.

(2) The term "major component" as used in this regulation shall mean the following:
(a) For passenger vehicles:
1. Motor or engine.
2. Transmission or trans-axle.
3. Trunk floor pan or rear section and roof.
4. Frame or any portion thereof (except frame horn), or, in the case of a unitized body, the supporting structure which serves as the frame, except when it is a part of the trunk floor pan, or rear section and roof.
5. Cowl, firewall, or any portion thereof.
6. Roof assembly.
(b) For truck, truck type, or bus type vehicles:
1. Motor or engine.
2. Transmission or trans-axle.
3. Frame or any portion thereof (except frame horn), or, in the case of a unitized body, the supporting structure which serves as the frame.
4. Cab.
5. Cowl or firewall or any portion thereof.
6. Roof assembly.
7. Cargo compartment floor panel or passenger compartment floor pan.
(c) For motorcycles:
1. Engine or motor.
2. Transmission or trans-axle.
3. Frame.
4. Front fork.
5. Crankcase. (3) VEHICLES ASSEMBLED WITH KITS.
(a) Before making application for title, the applicant must obtain (available from all County License Plate Issuing Officials and from the Department) and properly complete form MVT 26-3 (Application For Alabama Assigned Vehicle Identification Number). NOTE: The vehicle identification number to be shown on form MVT 26-3 shall be the vehicle identification number of the vehicle from which the chassis or frame was removed. The applicant shall deliver completed form MVT 26-3 along with the following supporting documents to the Department.

(b) Supporting Documents:
1. For kits (1975 or subsequent year model) assembled with chassis or frame from a 1974 or prior model vehicle:
(i) Certified manufacturer's certificate of origin for new kit properly assigned to the applicant.
(ii) Certified copy of the most recent registration receipt in the applicant's name for the vehicle from which the chassis or frame was removed, or if the chassis or frame was obtained from a vehicle which was not registered in applicant's name, then a notarized bill-of-sale to the applicant for the chassis or frame must be attached. This bill-of-sale shall contain the vehicle identification number of the vehicle from which the chassis or frame was obtained.

(iii) If any of the major component parts were purchased individually, a notarized bill-of-sale for each component part must be attached. This bill-of-sale shall contain the identifying number (serial number) and trade name of the component part.

(iv) A notarized affidavit by the person assembling the vehicle stating what was done to assemble the vehicle and that said vehicle is now in operable condition.

2. For kits (1975 or subsequent year model) assembled with chassis or frame from a 1975 or subsequent year model vehicle:
(i) Certified manufacturer's certificate of origin for new kit properly assigned to the applicant.
(ii) Outstanding certificate of title (in applicant's name or assigned to applicant) for the vehicle from which the chassis or frame was removed, or if the chassis or frame was obtained from a vehicle which was not titled in applicant's name or assigned to the applicant and the certificate of title is unavailable, then a notarized bill-of-sale to the applicant for the chassis or frame must be attached. This bill-of-sale shall contain the vehicle identification number of the vehicle from which the chassis or frame was obtained.
(iii) If any of the major component parts were purchased individually, a notarized bill-of-sale for each component part must be attached. This bill-of-sale shall contain the identifying number (serial number) and trade name of the component part.
(iv) A notarized affidavit by the person assembling the vehicle stating what was done to assemble the vehicle and that said vehicle is now in operable condition.
(c) Fee (See Schedule of Fees and Commissions). Upon receipt of a properly completed form MVT 26-3 and the required supporting documents, the Department will issue a vehicle identification number plate which will have an assigned vehicle identification number embossed thereon. The Department will then notify the applicant to bring the assembled vehicle to an inspection station designated by the Department so that the Department can physically inspect the assembled vehicle and, if everything is in order, attach the vehicle identification number plate to the assembled vehicle. The Department and the applicant shall then complete forms MVT 26-4 and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT 26-3, MVT 26-4, and any other required supporting documents and, upon approval, issue a certificate of title with legend "ASSEMBLED".

(4) VEHICLES (NOT INCLUDING TRAILERS) ASSEMBLED FROM PARTS
(a) Before making application for title, the applicant must obtain (available from all County License Plate Issuing Officials and from the Department) and properly complete form MVT 26-3 (Application For Alabama Assigned Vehicle Identification Number). NOTE: The vehicle identification number to be shown on form MVT 26-3 shall be the vehicle identification number of the vehicle from which the chassis or frame was removed. The applicant shall deliver completed form MVT 26-3 along with the following supporting documents to the Department.
(b) Supporting Documents:
1. For vehicles assembled with chassis or frame from a 1974 or prior year model vehicle:
(i) Certified copy of the most recent registration receipt in the applicant's name for the vehicle from which the chassis or frame was removed, or if the chassis or frame was obtained from a vehicle which was not registered in applicant's name, then a notarized bill-of-sale to the applicant for the chassis or frame must be attached. This bill-of-sale shall contain the vehicle identification number of the vehicle from which the chassis or frame was obtained.
(ii) If any of the major component parts were purchased individually, a notarized bill-of-sale for each component part must be attached. This bill-of-sale shall contain the identifying number (serial number) and trade name of the component part.
(iii) A notarized affidavit by the person assembling the vehicle stating what was done to assemble the vehicle and that said vehicle is now in operable condition.
2. For vehicles assembled with chassis or frame from a 1975 or subsequent year model vehicle:
(i) Outstanding certificate of title (in applicant's name or assigned to applicant) for the vehicle from which the chassis or frame was removed, or if the chassis or frame was obtained from a vehicle which was not titled in applicant's name or assigned to the applicant and the certificate of title is unavailable, then a notarized bill-of-sale to the applicant for the chassis or frame must be attached. This bill-of-sale shall contain the vehicle identification number of the vehicle from which the chassis or frame was obtained.
(ii) If any of the major component parts were purchased individually, a notarized bill-of-sale for each component part must be attached. This bill-of-sale shall contain the identifying number (serial number) and trade name of the component part.
(iii) A notarized affidavit by the person assembling the vehicle stating what was done to assemble the vehicle and that said vehicle is now in operable condition.
(c) Fee (See Schedule of Fees and Commissions). Upon receipt of a properly completed form MVT 26-3 and the required supporting documents, the Department will issue a vehicle identification number plate which will have an assigned vehicle identification number embossed thereon. The Department will then notify the applicant to bring the assembled vehicle to an inspection station designated by the Department so that the Department can physically inspect the assembled vehicle and, if everything is in order, attach the vehicle identification number plate to the assembled vehicle. The Department and the applicant shall then complete forms MVT 26-4 and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT 26-3, MVT 26-4, and any other required supporting documents and, upon approval, issue a certificate of title with legend "ASSEMBLED".

(5) TRAILERS ASSEMBLED FROM PARTS (FROM ONE OR MORE TRAILERS)
(a) Before making application for title, the applicant must obtain (available from all County License Plate Issuing Officials and from the Department) and properly complete form MVT 26-3 (Application For Alabama Assigned Vehicle Identification Number). NOTE: The vehicle identification number to be shown on form MVT 26-3 shall be the vehicle identification number of the vehicle from which the chassis or frame was removed. The applicant shall deliver completed form MVT 26-3 along with the following supporting documents to the Department.

(b) Supporting Documents:

1. For trailers assembled with chassis or frame from a 1974 or prior year model vehicle:
(i) Certified copy of the most recent registration receipt in the applicant's name for the vehicle from which the chassis or frame was removed, or if the chassis or frame was obtained from a vehicle which was not registered in applicant's name, then a notarized bill-of-sale to the applicant for the chassis or frame must be attached. This bill-of-sale shall contain the vehicle identification number of the vehicle from which the chassis or frame was obtained.
(ii) If any of the major component parts were purchased individually, a notarized bill-of-sale for each component part must be attached. This bill-of-sale shall contain the identifying number (serial number) and trade name of the component part.
2. For trailers assembled with chassis or frame from a 1975 or subsequent year model vehicle:
(i) Outstanding certificate of title (in applicant's name or assigned to applicant) for the vehicle from which the chassis or frame was removed, or if the chassis or frame was obtained from a vehicle which was not titled in applicant's name or assigned to the applicant and the certificate of title is unavailable, then a notarized bill-of-sale to the applicant for the chassis or frame must be attached. This bill-of-sale shall contain the vehicle identification number of the vehicle from which the chassis or frame was obtained.
(ii) If any of the major component parts were purchased individually, a notarized bill-of-sale for each component part must be attached. This bill-of-sale shall contain the identifying number (serial number) and trade name of the component part.
3. A bill-of-sale for each part other than a major component part.
4. A bill-of-sale for materials used in the construction of the vehicle.
5. A notarized affidavit by the person assembling the vehicle stating what was done to assemble the vehicle and that said vehicle is now in operable condition.
(c) Fee (See Schedule of Fees and Commissions). Upon receipt of a properly completed form MVT 26-3 and the required supporting documents, the Department will issue a vehicle identification number plate which will have an assigned vehicle identification number embossed thereon. The Department will then notify the applicant to bring the assembled vehicle to an inspection station designated by the Department so that the Department can physically inspect the assembled vehicle and, if everything is in order, attach the vehicle identification number plate to the assembled vehicle. The Department and the applicant shall then complete forms MVT 26-4 and MVT 5-1c. The Department will then process forms MVT 5-1c, MVT 26-3, MVT 26-4, and any other required supporting documents and, upon approval, issue a certificate of title with legend "ASSEMBLED".
(6) TRAILERS ASSEMBLED FROM PARTS - HOMEMADE TRAILERS (NOT MANUFACTURED FROM OTHER TRAILERS)

(a) Before making application for title, the applicant must obtain (available from all County License Plate Issuing Officials and from the Department) and properly complete form MVT 26-1 (Application For Assigned Vehicle Identification Number For A Homemade Trailer).
(b) Supporting Documents:
1. A bill-of-sale for each part with the identifying (serial) number (if available) and trade name for that component part listed on the bill-of-sale.
2. A bill-of-sale for materials used in the construction of the vehicle.
(c) Upon receipt of a properly completed form MVT 26-1 and the required supporting documents, the Department will issue a vehicle identification number plate which will have an assigned vehicle identification number embossed thereon. The Department will then mail the vehicle identification number plate and a partially completed form MVT 26-2 (Assigned Vehicle Identification Number for Homemade Trailer) for the trailer for which the assigned vehicle identification number request was made on form MVT 26-1. The applicant shall affix the vehicle identification number in the manner prescribed on form MVT 26-2 and sign form MVT 26-2. The applicant shall then make application for certificate of title through a designated agent of the Department who shall physically inspect the vehicle. The applicant shall surrender the original MVT 26-2 to the designated agent as a supporting document to accompany the MVT 5-1c (application for certificate of title). Upon the Department's receipt of forms MVT 5-1c and MVT 26-2, the required fee and any other required supporting documents and, upon approval, the Department will issue a certificate of title with the legend "ASSEMBLED" and the make "HOMEMADE". History: Amended: Filed November 23, 1998; effective December 28, 1998. Amended: Filed October 13, 2000; effective November 17, 2000.

Statutory Authority: Code of Ala. 1975, @@ 32-8-1 thru 32-8-88, 32-8-3 (b) (2), 40-2A-7 (a) (5).

Author: Mike Gamble