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TITLE 43TRANSPORTATION
PART 10TEXAS DEPARTMENT OF MOTOR VEHICLES
CHAPTER 221SALVAGE VEHICLE DEALERS, SALVAGE POOL OPERATORS AND SALVAGE VEHICLE REBUILDERS
SUBCHAPTER CLICENSED OPERATIONS
RULE §221.51Duty to Identify Motor Vehicles Offered for Sale

(a) A salvage vehicle dealer shall place a sign on each salvage motor vehicle it displays or offers for sale that:

  (1) is visible from outside of the salvage motor vehicle;

  (2) contains lettering that is two inches or more in height identifying the vehicle is a salvage motor vehicle; and

  (3) states as follows: "This is a salvage titled vehicle that cannot be operated on a public highway. If the salvaged vehicle is to be registered in Texas, the purchaser must apply to a county tax assessor-collector's office, surrender the salvage title, submit the required information on repairs that have been made to the vehicle and pay the applicable fees before the vehicle may be titled and/or registered to operate on the public highway."

(b) Upon the sale of a salvage motor vehicle, a salvage vehicle dealer shall obtain the purchaser's signature to a disclosure statement written in eleven point or larger font that states as follows: "I, (name of purchaser), acknowledge that at the time of purchase, I am aware that: the vehicle is titled on a salvage title; if I intend to operate the vehicle on a public highway in Texas, I am responsible for applying for a title for this salvage vehicle through a Texas county tax assessor-collector's office accompanied by the required forms showing that repairs have been made to the vehicle; I am responsible for paying the applicable fees; and, I may not drive this salvage vehicle on a public highway until after a titled branded rebuilt salvage and registration have been issued."

(c) A salvage vehicle dealer shall place a sign on each non-repairable motor vehicle it displays or offers for sale that:

  (1) is visible from outside of the non-repairable motor vehicle;

  (2) contains lettering that is two inches or more in height; and

  (3) states as follows: "This is a non-repairable titled motor vehicle that can never be operated on a public highway of this state or any other state."

(d) Upon the sale of a non-repairable motor vehicle, a salvage vehicle dealer shall obtain the purchaser's signature to a disclosure statement written in eleven point or larger font that states as follows: "I, (name of purchaser), acknowledge that at the time of purchase, I am aware that the vehicle is a non-repairable vehicle; this vehicle will never be able to operate on a public highway of this state or any other state and will never be registered to operate on a public highway of this state or any other state; and, before selling this non-repairable vehicle I must have the non-repairable vehicle titled in my name."

(e) A salvage vehicle dealer shall maintain a copy of the written disclosures required by this section as part of its records of sales in accordance with §221.73 of this title (relating to Content of Records).

(f) The notice requirements of subsections (a) and (c) can be met if the salvage vehicle dealer displays a single notice or notices if all of the vehicles being offered for sale by the salvage vehicle dealer are salvage motor vehicles or non-repairable motor vehicles.

(g) If the salvage vehicle dealer conducts a sale of a salvage motor vehicle or a non-repairable motor vehicle in Spanish or other foreign language, the notices and disclosures required by this section shall be in that language.

(h) This section does not apply to a vehicle that is displayed or offered for sale by a person who holds a salvage pool license on the premises of the licensed salvage pool operator.


Source Note: The provisions of this §221.51 adopted to be effective December 9, 2015, 40 TexReg 8802

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