D.C. Mun. Regs. tit. 18, r. 18-401

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 18-401 - APPLICATION FOR A CERTIFICATE OF TITLE

401.1

The application for a certificate of title shall be made by the owner and shall set forth the following:

(a) The owner's true and lawful given name, middle name or names, if any, and surname; residence and business address, if any; driver's license number; and date of birth;

(b) A description of the vehicle including (so far as the following data exists) make, model, year of manufacture, type of body, identifying number, manufacturer's shipping weight, and whether the vehicle is new or used;

(c) The date of purchase by applicant; the name and address of the person from whom the vehicle was acquired; and the names and addresses of any lien holders in the order of their priority and the dates of their respective security agreements;

(d) Any further information which is reasonably required by the Director to identify the vehicle and to enable the Director to determine whether the owner is entitled to a certificate and whether there exists any security interest in the vehicle;

(e) A statement as to the kind of identification tags desired or a statement that the applicant does not intend to register the vehicle; and

(f) Proof of District of Columbia residency for at least one owner; provided, that a vehicle owned by an out-of-state lessor and leased to a District of Columbia resident or an employer of a District of Columbia resident, as set forth in Section 2 of Title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code §§ 50-1501.02(c)(5)(A)(i)), may apply and an out-of-state insurance company may apply in connection with an insurance claim if the vehicle is located in the District.

401.2

If the applicant knows or has reason to know that the vehicle has been registered in the District or in any other jurisdiction as a taxicab, commercial vehicle, or for livery or sightseeing purposes, the application shall indicate the prior registration by one of the following, as appropriate: "x taxi," "x commercial," "x livery," or "x sightseeing."

401.3

Each application shall be executed by the owner(s) of the vehicle for which a certificate is sought, except that an application of an owner serving in the Armed Forces outside the borders of the United States may be signed in the name of the owner by the owner's spouse or next of kin upon proof of the relationship satisfactory to the Director.

401.4

If the application refers to a new vehicle it shall be accompanied by a certificate of manufacture or such other proof of ownership as the Director may reasonably require.

401.5

If the application refers to a vehicle previously registered in the District, the application shall be accompanied by a certificate or other proof of ownership that the Director may reasonably require.

401.6

If the application refers to a judicial sale, the application shall be accompanied by a bill of sale from the person authorized to make the sale and a certified copy of the court order that authorized the sale.

401.7

If the application refers to a vehicle last previously registered elsewhere than in the District, the application shall be accompanied by one (1) of the following:

(a) Any certificate of title issued by the other jurisdiction;

(b) If no certificate of title is or, during the period in which the vehicle was last registered, was required by the other jurisdiction, the evidence of ownership shall be in the form which is or was required by the other jurisdiction for the purpose of registering the vehicle in that jurisdiction; or

(c) If no such proof of ownership is specified in the other jurisdiction, an invoice or bill of sale signed by the transferor(s) of the vehicle to the applicant and bearing the sworn statement of the transferor(s) to the effect that the transferor(s) is (are) the sole owner(s) of the vehicle and that, except as specified in the invoice or bill of sale, there is no lien outstanding against the vehicle, if that is true; otherwise a full statement covering any security interest in the vehicle.

401.8

If the application is submitted by the holder of a lien under any security interest who has possession of the vehicle, the application shall be accompanied by any outstanding certificate and the vehicle registration plates removed from the vehicle (or a statement explaining the absence of the certificate and plates satisfactory to the Director), and a duly authenticated copy of the instrument which created the interest(s).

401.9

If the application is submitted by a purchaser from a lien holder at a sale of a vehicle by the lien holder, the application shall be accompanied by a duly authenticated bill of sale from the person authorized to make the sale and the registration plates removed from the vehicle (or a statement explaining the absence of the plates satisfactory to the Director).

401.10

If the application is submitted by a surviving joint owner or owners, the application shall be accompanied by any outstanding certificate (or a statement explaining its absence to the satisfaction of the Director) and by a duly authenticated death certificate referring to the deceased joint owner or owners.

401.11

If the application indicates that the applicant does not desire to register the vehicle, the application shall contain the number of the current District of Columbia inspection sticker or any further reasonable proof of identification of the vehicle that may be required by the Director.

401.12

Except when a District of Columbia title accompanies the application, each application must be accompanied by a certificate of a person authorized by the Director stating that the identifying number of the vehicle has been inspected and found to conform to the description given in the application, or any other proof of the identity of the vehicle which the Director may reasonably require.

401.13

If the identification number of any vehicle is defaced or missing, the owner of the vehicle shall make application to the Director for a DMV number. The Director shall issue a plate or plates bearing a DMV number which shall be affixed to the vehicle in the manner prescribed by him or her. That number shall thereafter be the lawful identification number of the vehicle. The affixation of the plate or plates shall be verified by the Director prior to the issuance of any certificate of title for the vehicle.

401.14

Motor numbers shall not be used as a means of identification on certificates. In place of motor numbers, the Vehicle Identification Number or, if none, the serial number, of the vehicle will be used in all title applications and on the face of titles, as well as on other documents issued or kept for record purposes.

401.15

In the event an application for title involves a vehicle for which District certificate is outstanding, no verification by a inspection station shall be required if the application is accompanied by the sticker number of an official inspection sticker affixed to the windshield, a legible tracing of the serial number, and the certificate number.

401.16

In determining the fair market value of a vehicle for the purposes of calculating the amount of tax due under §§ 6(j) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03(j)), the Director shall use the then-current National Automobile Dealers Association (NADA) Guide or its successor. If the NADA guide or its successor does not provide the fair market value for a particular vehicle, the applicable bill of sale shall be used.

401.17

An application for a title, other than a duplicate title, shall not be accepted unless all of the new owner's outstanding fines, fees, and penalties imposed pursuant to the District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code §§ 50-2301.01 et seq.) have been satisfied.

401.18

If the application is submitted by a purchaser of a vehicle sold by a trustee in bankruptcy, the application shall be accompanied by a duly authenticated bill of sale from the trustee in bankruptcy and a certificate of title signed by the current owner or assigned by the trustee in bankruptcy in accordance with §§ 406.11.

401.19

(a) Except as set forth in D.C. Official Code §§ 50-2201.03(j)(1A)(G), the excise tax rate on motor vehicles shall be as follows based on vehicle weight class and miles per gallon ("mpg") city driving, rounded down to the nearest whole number:

Weight Class	20 mpg or less	21 mpg-25 mpg	26 mpg-30 mpg	31 mpg-39 mpg	40 mpg or more
3,499 lbs or less	8.1%	4.4%	3.1%	2.2%	1.0%
3,500 lbs-4,999 lbs	9.1%	5.4%	4.1%	3.2%	2.0%
5,000 lbs or more	10.1%	6.4%	5.1%	4.2%	3.0%

(b) Motor vehicles that do not have a separate and distinct mpg for city driving shall be charged the excise fee as set forth in D.C. Official Code §§ 50-2201.03(j)(1).

401.20

The excise tax on a motor vehicle owned by an individual who demonstrates that they claimed and received the District Earned Income Tax Credit for the tax period closest in time (for which a return could be due) to the date the vehicle excise tax is to be levied, shall be the lesser of:

(a) The amount calculated under Subsection 401.19; and

(b) The amount calculated under D.C. Official Code §§ 50-2201.03(j)(1).

D.C. Mun. Regs. tit. 18, r. 18-401

Final Rulemaking published at 52 DCR 930 (February 4, 2005); as amended by the Department of Motor Vehicles Reform Amendment Act of 2004, effective April 8, 2005 (D.C. Law 15-307; 52 DCR 1700 (February 25, 2005); as amended by Final Rulemaking published at 52 DCR 5754 (June 17, 2005); as amended by Final Rulemaking published at 54 DCR 1575 (February 16, 2007); as amended by the Department of Motor Vehicles Reciprocity Amendment Act of 2012, effective March 19, 2013 (D.C. Law 19-244; 59 DCR 14942 (December 21, 2012); amended by Final Rulemaking published at 68 DCR 1404 (1/29/2021); amended by Final Rulemaking published at 71 DCR 6393 (5/24/2024)

Authority: Department of Motor Vehicles Reciprocity Amendment Act of 2012, effective March 19, 2013 (D.C. Law 19-244; 59 DCR 14942 (December 21, 2012).