Texas Administrative Code › Title 43 - TRANSPORTATION › Part 10 - TEXAS DEPARTMENT OF MOTOR VEHICLES › Chapter 217 - VEHICLE TITLES AND REGISTRATION › Subchapter A - MOTOR VEHICLE TITLES › Section 217.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Alias--The
				  name of a vehicle owner reflected on a title, when the name on the title is
				  different from the name of the legal owner of the vehicle.
(2) Alias title--A title document issued by
				  the department for a vehicle that is used by an exempt law enforcement agency
				  in covert criminal investigations.
(3) All-terrain vehicle or ATV--A motor
				  vehicle as defined by Transportation Code, §
										551A.001, and
				  designed primarily for recreational use. The term does not include a "utility
				  vehicle" as defined by Transportation Code, §
										551A.001, or a
				  self-propelled, motor-driven vehicle designed or marketed by the manufacturer
				  primarily for non-recreational uses.
(4) Bond release letter--Written notification
				  from the United States Department of Transportation authorizing United States
				  Customs to release the bond posted for a motor vehicle imported into the United
				  States to ensure compliance with federal motor vehicle safety
				  standards.
(5) Date of sale--The
				  date of the transfer of possession of a specific vehicle from a seller to a
				  purchaser.
(6) Division
				  director--The director of the department's Vehicle Titles and Registration
				  Division.
(7) Executive
				  administrator--The director of a federal agency, the director of a Texas state
				  agency, the sheriff of a Texas county, or the chief of police of a Texas city
				  who by law possesses the authority to conduct covert criminal
				  investigations.
(8) Exempt
				  agency--A governmental body exempt by law from paying title or registration
				  fees for motor vehicles.
(9)
				  Federal motor vehicle safety standards--Motor vehicle safety requirements
				  promulgated by the United States Department of Transportation, National Highway
				  Traffic Safety Administration, set forth in Title 49, Code of Federal
				  Regulations.
(10) House moving
				  dolly--An apparatus consisting of metal beams and axles used to move houses.
				  House moving dollies, by nature of their construction and use, actually form
				  large semitrailers.
(11) Implements
				  of husbandry--Farm implements, machinery, and tools used in tilling the soil,
				  including self-propelled machinery specifically designed or especially adapted
				  for applying plant food materials or agricultural chemicals. This term does not
				  include an implement unless it is designed or adapted for the sole purpose of
				  transporting farm materials or chemicals. This term does not include any
				  passenger car or truck. This term does include a towed vehicle that transports
				  to the field and spreads fertilizer or agricultural chemicals; or a motor
				  vehicle designed and adapted to deliver feed to livestock.
(12) Manufacturer's certificate of origin--A
				  form prescribed by the department showing the original transfer of a new motor
				  vehicle from the manufacturer to the original purchaser, whether importer,
				  distributor, dealer, or owner and when presented with an application for title
				  showing on appropriate forms prescribed by the department, each subsequent
				  transfer between distributor and dealer, dealer and dealer, and dealer and
				  owner.
(13) Moped--A motor vehicle
				  as defined by Transportation Code, §
										541.201.
(14) Motor vehicle importation form--A
				  declaration form prescribed by the United States Department of Transportation
				  and certified by United States Customs that relates to any motor vehicle being
				  brought into the United States and the motor vehicle's compliance with federal
				  motor vehicle safety standards.
(15) Non-United States standard motor
				  vehicle--A motor vehicle not manufactured in compliance with federal motor
				  vehicle safety standards.
(16)
				  Obligor--An individual who is required to make payments under the terms of a
				  support order for a child.
(17)
				  Off-highway vehicle--A motor vehicle as defined by Transportation Code, §
										551A.001.
(18) Person--An individual, firm,
				  corporation, company, partnership, or other entity.
(19) Recreational off-highway vehicle or
				  ROV--A motor vehicle as defined by Transportation Code, §
										551A.001, and
				  designed primarily for recreational use. The term does not include a "utility
				  vehicle" as defined by Transportation Code, §
										551A.001, or a
				  self-propelled, motor-driven vehicle designed or marketed by the manufacturer
				  primarily for non-recreational uses.
(20) Safety certification label--A label
				  placed on a motor vehicle by a manufacturer certifying that the motor vehicle
				  complies with all federal motor vehicle safety standards.
(21) Sand rail--A motor vehicle as defined by
				  Transportation Code, §
										551A.001.
(22) Statement of fact--A written declaration
				  that supports an application for a title, that is executed by an involved party
				  to a transaction involving a motor vehicle, and that clarifies an error made on
				  a title or other negotiable evidence of ownership. An involved party is the
				  seller, or an agent of the seller involved in the motor vehicle transaction.
				  When a written declaration is necessary to correct an odometer disclosure
				  error, the signatures of both the seller and buyer when the error occurred are
				  required.
(23) Title application--A
				  form prescribed by the division director that reflects the information required
				  by the department to create a motor vehicle title record.
(24) Utility vehicle or UTV--A motor vehicle
				  as defined by Transportation Code, §
										551A.001, and
				  designed primarily for utility use. The term does not include a "golf cart" as
				  defined by Transportation Code, §
										551.401, or a
				  self-propelled, motor-driven vehicle designed or marketed by the manufacturer
				  primarily for non-utility uses.
(25) Verifiable proof--Additional
				  documentation required of a vehicle owner, lienholder, or agent executing an
				  application for a certified copy of a title.
(A) Individual applicant. If the applicant is
				  an individual, verifiable proof consists of a copy of a current photo
				  identification issued by this state or by the United States or foreign
				  passport.
(B) Business applicant.
				  If the applicant is a business, verifiable proof consists of an original or
				  copy of a letter of signature authority on letterhead, a business card, or
				  employee identification and a copy of current photo identification issued by
				  this state or by the United States or foreign passport.
(C) Power of attorney. If the applicant is a
				  person in whose favor a power of attorney has been executed by the owner or
				  lienholder, verifiable proof consists of the documentation required under
				  subparagraph (A) or (B) of this paragraph both for the owner or lienholder and
				  for the person in whose favor the power of attorney is executed.