Salvage/Junk Vehicles
Transcription
Salvage/Junk Vehicles
1 Salvage/Junk Vehicles Salvage/Junk Vehicles 2 Discussion on how states work to ensure the safety of passengers in these vehicles, pedestrians, and other road users and creating environments that promote consistent registration and titling practices. FACILITATOR: Cathie Curtis, Director, Vehicle Programs, AAMVA PRESENTERS: Robert Worle, Program Manager, Motor Vehicle Division, Georgia Department of Revenue Steve Levetan, Executive Vice President, Pull-A-Part, LLC Sharon B. Madison, Deputy Director, Customer Service Delivery, South Carolina Dept. of Motor Vehicles Jerry Sullivan, Vice President, Strategic Consulting Services, Copart, Inc. State of Georgia Salvage Process Salvage Vehicles • Two(2) or more major component parts replaced. What are major component parts? • Payment of a “Total Loss” Claim • Exclusions are - Trailers, Mobile Homes, 1985 and Older Year Model Vehicles • An Imported Vehicle Damaged In Shipment Salvage Vehicles Owner Retains Vehicle - Payment of a “Total Loss” Claim • Title/MSO is available • Title is held by the lien or security interest holder • The title is lost Salvage Vehicles License Plates • If the owner retains the vehicle the license plate must be surrendered to the county. This does not apply to specialty or prestige plates. • If the insurance company retains the vehicle, the owner keeps their plate. The owner can keep either the tag or the vehicle, not both except for specialty or prestige plates. Salvage Vehicles Owner Retains Vehicle – Less then Ten(10) Years Old Insurance Company’s Responsibilities: • Notice to Owner - Payment of a Total Loss Claim (T-56 Form) • Report of and or Surrender of License Plate (T-158 Form) Salvage Vehicles Owner Retains Vehicle – Ten (10) Years Old Vehicle Owner’s Responsibility: The owner should make application for a Salvage title within thirty(30) days from the date of the settlement. Salvage Vehicles Insurance Company Retains Vehicle Upon the Payment of a “Total Loss” Claim • Salvage Title Application(MV-1S Form) • Title Assigned to Insurance Company(POA if applicable) • $18 Application $75 State Title Ad Valorem Tax Fee – 1% of Fair Market Value determined by DOR Salvage Vehicles Flood/Fire Damaged • The procedures for applying for a title for a flood/fire damaged vehicle are the same as making application for a “salvage” title. • A letter from the insurance company must indicate a request for title for a flood/fire damaged vehicle. Rebuilt Vehicles Title Application Salvage/Rebuilt Title Labor and Parts Certification(T-129 Form) Request for Inspection(T-22R Form) Bills of Sale Photos Used Motor Vehicle Parts Dealer Rebuilders License • Inspection Report & Inspector’s Registration • Application Fee, State Fee, State and Local TAVT • • • • • • • Titles Cancelled for Parts/Scrap For vehicles where the owner possesses the certificate of title: 1. Write “Cancel” in ink across the face of the title prior to delivering the vehicle to recycler/processor/used parts dealer 2. Recycler/processor/dealer must remit title to the Department within 72 hours Titles Cancelled for Parts/Scrap If the owner has not obtained a title or the title is lost the owner must certify and verified by receiving entity: • There are no security interests or liens • The title is unavailable • The vehicle is 12 model years old or older • Worth less than $850.00 or $1,700 for trailer • The vehicle will be dismantled or scrapped • Must indicate receiving entity’s NMVTIS ID number Titles Cancelled for Parts/Scrap HB 872 passed during the 2012 Georgia General Assembly: • The Department shall provide a mechanism for the for receipt of information electronically • No cost to the receiving entity • Data reported to NMVTIS by the Department which satisfies federal requirement of entity Titles Cancelled for Parts/Scrap Since inception in 2013: • 196 Unique entities reporting • 528,390 reported records • Simplification of State process • Significant reduction of DOR lead time For More Information Contact: Robert Worle, Program Manager Georgia Department of Revenue [email protected] Definition of a Salvage Vehicle • Vehicle damaged to the extent that its restoration would require the replacement of two of more major component parts: • Front Clip Assembly (fenders, hood and bumper) • Rear Clip Assembly (quarter panels, floor panel assembly, and roof assembly) • Engine and transmission • Frame • Complete side (fenders, door, and quarter panel) Definition of a Salvage Vehicle • Payment of a “Total Loss” Claim • An Imported Vehicle Damaged In Shipment • Exclusions: Trailers, Mobile Homes, 1985 and Older Year Model Vehicles Salvage Vehicles Owner Retains Vehicle - Payment of a “Total Loss” Claim • Title/MSO is available • Title is held by the lien or security interest holder • The title is lost Salvage Vehicles License Plates • If the owner retains the vehicle the license plate must be surrendered to the county. This does not apply to specialty or prestige plates. • If the insurance company retains the vehicle, the owner keeps their plate. The owner can keep either the tag or the vehicle, not both except for specialty or prestige plates. Salvage Vehicles Owner Retains Vehicle – Less then Ten(10) Years Old Insurance Company’s Responsibilities: • Notice to Owner - Payment of a Total Loss Claim (T-56 Form) • Report of and or Surrender of License Plate (T-158 Form) Salvage Vehicles Owner Retains Vehicle – Ten (10) Years Old Vehicle Owner’s Responsibility: The owner should make application for a Salvage title within thirty(30) days from the date of the settlement. Salvage Vehicles Insurance Company Retains Vehicle Upon the Payment of a “Total Loss” Claim • Salvage Title Application(MV-1S Form) • Title Assigned to Insurance Company(POA if applicable) • $18 Application $75 State Title Ad Valorem Tax Fee – 1% of Fair Market Value determined by DOR Salvage Vehicles Flood/Fire Damaged • The procedures for applying for a title for a flood/fire damaged vehicle are the same as making application for a “salvage” title. • A letter from the insurance company must indicate a request for title for a flood/fire damaged vehicle. Rebuilt Vehicles Title Application Salvage/Rebuilt Title Labor and Parts Certification(T-129 Form) Request for Inspection(T-22R Form) Bills of Sale Photos Used Motor Vehicle Parts Dealer Rebuilders License • Inspection Report & Inspector’s Registration • Application Fee, State Fee, State and Local TAVT • • • • • • • Titles Cancelled for Parts/Scrap For vehicles where the owner possesses the certificate of title: 1. Write “Cancel” in ink across the face of the title prior to delivering the vehicle to recycler/processor/used parts dealer 2. Recycler/processor/dealer must remit title to the Department within 72 hours Titles Cancelled for Parts/Scrap If the owner has not obtained a title or the title is lost the owner must certify and verified by receiving entity: • There are no security interests or liens • The title is unavailable • The vehicle is 12 model years old or older • Worth less than $850.00 or $1,700 for trailer • The vehicle will be dismantled or scrapped • Must indicate receiving entity’s NMVTIS ID number Titles Cancelled for Parts/Scrap HB 872 passed during the 2012 Georgia General Assembly: • The Department shall provide a mechanism for the for receipt of information electronically • No cost to the receiving entity • Data reported to NMVTIS by the Department which satisfies federal requirement of entity Titles Cancelled for Parts/Scrap Since inception in 2013: • 196 Unique entities reporting • 283,047 reported records • Simplification of State process • Significant reduction of DOR lead time For More Information Contact: Robert Worle, Program Manager Georgia Department of Revenue [email protected] A Different Approach to State Laws Dealing with End-of-Life Vehicles, Titles, and NMVTIS Steve Levetan Executive Vice President Millions of cars reach the end of their life, every year. • • • • • Where do they come from? Where do they go? How do they get there? How do we know? How can we cooperatively facilitate their transition to their “after-life?” Quick Photo Tour We’re not what you think… 26 Locations* *and growing! Do-It-Yourself Inbound Vehicles Please feel free to visit us, anytime End of Life Vehicles • Up to 14 million vehicles scrapped in US annually • Hundreds of Thousands of cars scrapped in each State (Many still unaccounted for) • Sources – Two major categories: Late Model Older “End-of-Life” or “Junk” Disposition Late Model Insurance Salvage (accident) Vehicles • Typically sold through auctions (“salvage pools” CoPart / IAA) to: • Full Service Auto Recyclers • Self Service Auto Recyclers End-of-Life (10+ years old) • Used Parts Recyclers (full and self service) • Scrap Recyclers / crushers • Shredders Auto Parts Recycler (Salvage/Dismantler) – Full Service Sector • Buys cars primarily from Salvage Pools, but also from other sources – Most with Salvage Title • Stores vehicles for later parts removal Inventory may be whole/damaged cars, or • Dismantles vehicles, removing salable parts Inventory consists of parts ready for sale • Sells to individuals, body shops, garages, internet Often networked inventory • Ultimately, remainder of vehicle is crushed/sold to Shredder for scrap Auto Parts Recycler (Salvage/Dismantler) – Self Serve Sector (U-Pull-It) / Pull-A-Part® • Vehicles purchased from a variety of sources • Vehicles typically older, end-of-life (as opposed to Insurance salvage) – Much Lower Value (Scrap) • Vehicles rarely (if ever) resold as vehicles • Customers are individuals, body shops and garages Caters to do-it-yourself market • After parts removed, vehicles typically crushed • Crushed vehicles sold to shredders, as scrap Scrap Recyclers/Shredders • Every End-of-Life vehicle ultimately ends up at a Shredder • May or may not go to Parts Recycler first • May or may not go to a Scrap Recycler/Crusher first • Often crushed or shredded shortly after receipt Why? • Since these vehicles are purchased for scrap value only, there is no care taken in unloading/storage Scrap Recyclers vs. Parts Recyclers • Parts Recycler purchases for value of parts plus scrap • Scrap Recycler purchases for scrap value only • Both may buy “whole cars” and that purchase must be treated the same under the law • Crushed cars (mechanically flattened) are no longer “motor vehicles” • Why are cars “flattened?” • Watch for “cross-over” between industries NMVTIS – Applicable to both parts and scrap recyclers Part of the Anti-Car Theft Act of 1992 Promptly Implemented by DOJ in 2009 (after Court Order) Rules were quickly implemented NMVTIS is a National Title Data Base To combat: Title Fraud (Title Washing) Auto Theft Vin Cloning Consumer Fraud Odometer Fraud National Motor Vehicle Title Information System – NMVTIS A “simple” system State Laws Regarding EOL Vehicles Theory Every car should always have a title Reality Often not the case with older, end of life cars lost, misplaced, traded/sold multiple times Owner will not go through process to get a title (if they can) to then sell for scrap price Alternative Create lawful mechanism for sale of these cars for scrap or parts only, to legitimate parts or scrap recyclers, providing clear paper trail for LE and DMV, or… State Laws Regarding EOL Vehicles Other Alternative: Cars sold illegally – “crusher” or chop shop (no record to cancel title or assist LE) Sell out of state (same problem as above) Leave sitting in yard (nuisance, or worse) Abandon on public property or private property (costs taxpayer or private property owner) State Laws Regarding EOL Vehicles Solution: Create legitimate means of sale Affidavit in lieu of title NY – many years ago 8 year and older and value less than $1,200 affidavit sent to the State to cancel title Approach now copied in many states with variations GA, FL, AL, TN, LA, MS, NC, SC, IA Some work better than others Does not lead to increased theft of older vehicles State Laws Regarding EOL Vehicles Examples NC G.S. 20-62.1 (amended in 2013) Applicable to cars 10 years old and older only for scrap or parts and only by secondary metals recycler or salvage yard Affidavit (includes info on seller, buyer, and vehicle and copy of seller’s drivers license/ID Records retained by recycler Online stolen check at time of purchase – provides info to State There Must be Consequences Falsification of records (by buyer or seller) is crime 1st offense misdemeanor, then felony Enforcement tool – Tow Truck subject to forfeiture NC Results December, 2013 – May, 2016 29 Months 5 Monthly # Monthly % Dec. 2015 Present # 29 10 19 18 12 6 Monthly % 34% 66% 62% 41% 21% 124 57 67 85 64 21 46% 54% 69% 52% 17% 425 570 592 210 79 43% 57% 59% 21% 8% Vehicles Crushed Prior to Identification 11 38% *False Positive Hits 0 0% **Purged Thefts 0 0% Under Investigation 0 0% Charges 3 10% Vehicles Entered Into The System 32 0 0 6 8 26% 0% 0% 5% 6% 311 45 9 88 165 31% 5% 1% 9% 17% Total Hits Hits At The Time Of Purchase Delayed Hits Total Recovered Vehicles L&T Bureau Recovered Vehicles Other Agency Recovered Vehicles Dec-15 6,079 Jan-16 6,852 Dec-15 Jan-16 551 551 Dec. 2015 Present % Dec. 2013 Present # 995 Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 7,277 9,621 7,277 16,493 Total Vehicles Entered Since December 1, 2013 355,327 Number Of Businesses Registered Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Total 551 554 555 556 Dec. 2013 - Present % Total 53,599 556 Less Than 3 hits Per 1,000 Cars reported State Laws Regarding EOL Vehicles Georgia 40-3-36, O.C.G.A. • Amended in 2011 and 2012 • Applicable to cars and trailers 12 years old and older only for scrap or parts and only by secondary metals recycler or Used Motor Vehicle Parts Dealer • Value $850 or less than $1,700 if a trailer • Signed Statement includes info on seller, buyer, and vehicle and copy of seller’s drivers license/ID – must include buyer’s NMVTIS ID number • Title sent to the State within 72 hours • Falsification of records (by buyer or seller) is felony Additional Changes in Georgia Reporting – in 2011, Georgia became first State in US to require reporting of all NMVTIS data electronically to the State to create database for LE, and then require MVD to report the data to NMVTIS on behalf of Scrap/Parts purchaser (“JSI”) Innovative implementation by State – Contract with Auto Data Direct (ADD) ADD did all system development Scrap/Parts Recyclers electronically report to ADD within 48 hours, at no cost ADD sends info to State for title cancellation and to NMVTIS to comply with Federal requirements Newest Benefit in Georgia • DOR/GBI will check each car reported daily against Stolen (NCIC) • Cars will continue to be checked for “late hits” • Reporting LE agency (ORI) will be notified, in addition to reporting Recycler • Benefit to every agency as no longer necessary to check individual cars against NMVTIS – fully automated • Also, ADD will check for duplicate reports for same VIN as “scrapped” (VIN fraud – more on this later) • ADD providing list of reporting entities to LE • ADD providing list of VINs reported by Recycler for purpose of audits and online access to data Tennessee HB 1043 passed in 2015 – Implementation July 1, 2016 Continues ability to buy cars 12 years and older without title Consensus bill (State/Industry/LE) – Adds important provisions: Mandates reporting of junk/salvage/scrap vehicles to State Requires State to report information to NMVTIS on behalf of scrap or auto recycler Adds substantial penalties for non-compliance, enforceable by State or local LE (with split of penalties between State and Local agencies) State to do online stolen check (like NC and AL) State is contracting with ADD to develop and operate system (like GA) – on target for July 1 launch Alabama Allows purchase of cars 12 years and older without title Must be entered into real-time online system to verify not stolen and no liens System prints statement for seller to sign State cancels title Must have NMVTIS ID to use system, but currently State does not report to NMVTIS on behalf of recycler Caused confusion – State has all necessary information to report State has indicated that they are willing and able to report Still in discussion/negotiation with NMVTIS operator Other States Similar Laws South Carolina New York Mississippi Indiana Louisiana Tennessee Alabama 71 Bottom Line? • Only 1/3 of cars Scrapped/Salvaged go through “traditional” Salvage Auctions • Up to 8 million cars each year scrapped/salvaged as “end-of-life” • We must capture data on these vehicles • “de-title” • Law Enforcement (stolen check and VIN Cloning) • State Laws we’ve discussed WORK • Higher Compliance • Electronic Data Transfer – State/NMVTIS Next Steps? States and Recycling Industry should work together to: • Make NMVTIS reporting a State level requirement • Single report – for both State and NMVTIS • Tie to licensing/affidavits • Enforceable at State level – It Works! • Ease of Use of NMVTIS for LE Shorten reporting time (from current 30 days) • Electronic reporting to State as recently added in GA AL, TN and NC • More useful/timely information • Eliminate dual reporting (State/Federal) Improve Communication – Ongoing State/Local Task Force w/ Industry For More Information Contact: South Carolina Salvage Title Program ------Sharon B. Madison, Deputy Director, Customer Service Delivery, South Carolina Dept. of Motor Vehicles Total Loss Vehicles in South Carolina By law, any vehicle that sustains a loss of 75% or more of the fair market value MUST be declared a total loss. Vehicle Fair Market Value = $20,000 Cost to repair including parts and labor = $15,000 Percentage Damage = $15,000/$20,000 = 75% Total Loss Vehicles Insurance companies may CHOOSE to declare a vehicle a total loss if it has sustained less than 75% of the fair market value or if the fair market value of the vehicle was less than $2,000 by submitting a written request in addition to other required documents. Vehicle Fair Market Value = $45,000 Percentage Damage = $25,000/$45,000 $44% Written Request Required Cost to repair including parts and labor = $25,000 Salvage Brands All Vehicles declared a total loss are branded as “salvage” unless: • The vehicle is marked non-rebuildable; or • The vehicle has been damaged less than 75% and has not sustained water or fire damage; or • The value of the vehicle is less than $2,000; or • The vehicle has been titled as an antique vehicle. Rebuildable Vehicles If the vehicle is rebuildable – that is, it can be repaired for legal and safe operation – the Department will issue a new title with the appropriate salvage brand. Non-Rebuildable Vehicles If the vehicle is nonrebuildable – that is, it cannot be repaired for safe and legal operation – the Department will junk the title or issue a Red nonrebuildable title. SC Salvage Brands South Carolina has five (5) different salvage brands (other than Salvage Non-Rebuildable) that can be applied to vehicle titles: • Salvage • Salvage Rebuilt • Salvage Non-Removable • Salvage Fire • Salvage Water Salvage Rebuilt to Salvage Again Original Vehicle Repaired – Salvage Rebuilt After first wreck -- Salvage Wrecked again – Salvage Water Salvage Non-Removable The Salvage Non-Removable brand is used when a vehicle that has a Salvage title is transferred from the insurance company to a new owner and the owner has not presented proper information indicating the vehicle has been repaired and inspected. This brand is carried forward to all subsequent titles. Also, titles received from out of state that have a “salvage” brand should be marked salvage non-removable. In addition, out of state titles branded “salvage rebuildable” will be assigned a salvage non-removable brand. Salvage to Salvage Non-Removable Mary wrecked her brand new Lexus. The insurance company paid her off and titled in their name – SALVAGE. The vehicle is repaired and sold through auction to a dealership who sells the vehicle to John – SALVAGE NON-REMOVABLE. Antique Vehicles If an antique vehicle meets the requirements to be designated as antique, the customer must surrender title to SCDMV so that the Antique legend can be added to the title. As long as the title carries the antique legend prior to damage, the antique vehicle is exempt from the salvage law. 1000-Year Flood Impact – Salvage Titles 2015-2016 2014-2015 8000 7591 7359 7000 6221 6000 5898 5858 5181 5000 5261 4895 4647 4532 4487 4267 4125 4000 4849 4608 3636 3595 3275 3000 2994 2576 2399 2316 2000 1000 0 July August Septembetr October November December January February March April May June 86 1000-Year Flood Impact – Salvage Non-Rebuildable Titles Salvage Non-Rebuildable Titles FY15 FY16 1200 1006 1000 800 763 600 512 483 400 256 200 185 132 185 292 239 247 156 171 165 169 254 190 160 207 149 129 122 0 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 For More Information Contact: Sharon B. Madison, Deputy Director (803) 896-4862 Salvage Auction’s partnership with NMVTIS Copart Germany Founded in 1982; Over 200 locations worldwide; 4,000 employees; 2 million vehicles sold annually; NASDAQ: CPRT; Good Community Partner- Members of IAATI, NOTFEA, IACP, NAMVBC, AAMVA UK Spain Brazil UAE Canada 90 Key Elements in NMVTIS reporting: • Salvage Brand Carry Forward (Eliminates Title Washing) • NMVTIS Definitions (Salvage, Junk, Total Loss) • JSI Database • Exempted Vehicles (Motorcycles; Heavy Trucks, etc.) • Inclusion based on process not physical condition 91 What Causes Over Reporting? • Auctions being designated a Junk and Salvage yard. o Forced to Report within 30 days o Must Report non-end of life vehicles • Contradictory definition of “Salvage Vehicle” with all state salvage definitions. • Report any Total Losses. • $1,000 fine per vehicle. 92 2004 Toyota Siena VIN Seller Copart Lot # Year Make Model Title Odom Primary Damage Secondary Damage Run/Drive 5TDZA23C84S194253 Insurance 22407094 2004 Toyota Siena Clear In Op Front Minor- D&S N NMVTIS Pick Up State Eventual Disposition Appraisal Reported MN Repaired $ 4,097.04 ACV $ 6,800 Best Guess Salvage Value $ 4,000 Salvage Per State “Salvage Automobile” Per Definition NMVTIS Definition N Y-119.1% 93 2002 Infiniti I35 VIN Seller Copart Lot # Year Make Model Title JNKDA31A52T005914 Insurance 28594912 2002 Infiniti I35 Clear- MA NMVTIS Pick Up State Disposition Appraisal Reported MA Sold $ 8,674.00 ACV $ 6,875 Odom 99,114 Auction Sale Price $ 1,650 Primary Damage Secondary Damage Run/Drive Mechan. Side N Salvage Per State Definition Salvage Automobile” Per NMVTIS Definition N 150.2% 94 Under Reporting: How do salvage vehicles not get reported? • No 1st party (collision) coverage & 3rd Party Claims • Not processed through a salvage auction (owner retains). • Lack of participation by some industries. • Insurance only required to report first five model years. • Education of John Q Public 95 Estimated Reporting Compliance to NMVTIS: • Insurance Companies > 90% • Salvage Auctions > 90% • Recyclers < 40% • Towing Operators< 20% 96 2007 Dodge Dakota Labor Parts Additional Total Retail Estimate $ 4,332.10 $ 5,711.13 $ 990.30 $ 11,033.53 Rebuilder Estimate $ 1,752.50 $ 2,673.95 $ 293.37 $ 4,429.82 Pct. Of Retail Estimate Salvage Per NMVTIS Definition Estimate Amount Salvage Value $ 11,274.00 $ 11,033.53 $ 3,382.20 127.9% Yes 97.9% No 40.1% $ 11,274.00 $ 4,429.82 $ 3,382.20 69.3% No 39.3% No ACV Pct. Pct. Salvage PerState Disclosure 97 Non Repairable Salvage Brand- 2011 Ford Escape Percentage of Damage = 85.7% 98 Older Clean Title Total Losses- 2004 Lincoln Aviator ACV Estimate Amount $ 7,088.00 $ 2,900.00 Salvage Value Salvage Per NMVTIS Definition Salvage Per- State Disclosure $ 4,500.00 Yes No 99 Non-Insurance Damaged Vehicles- 2004 Nissan Murano VIN Seller Copart Lot # Year Make Model Title JN8AZ08W44W339984 Dealer 30889114 2004 Nissan Murano Clear- CT NMVTIS Pick Up State Disposition Reported WV Sold Appraisal $ 5,200 ACV $ 8,190 Odom 137,234 Auction Sale Price $ 2,200 Primary Damage Secondary Damage Run/Drive Front Minor- D&S Y Salvage Per State “Salvage Automobile” Per Definition NMVTIS Definition N N Additional Considerations: • déjà vu from Car-Fax early days • Conflict with State AG offices over compliance with state salvage laws. 101 Working with State DMV’s A: by statute B: An economic decision C: Opportunity to avoid future liability D: All of the above 102 Facilitating NMVTIS ComplianceAuction Buyers • Rules clearly outlined in Terms and Conditions. • Guidance at the branch and corporate level. • Full cooperation with State and Federal regulators and law enforcement. • Priority remains full and accurate compliance for ourselves and our insurance customers. • Focus on the car and the event, not on the method in which it was handled. • Jerry Sullivan Questions