§ 20-71.3. Salvage and other vehicles – titles and registration cards to be branded.

§ 20‑71.3.  Salvage andother vehicles – titles and registration cards to be branded.

(a)        Motor vehiclecertificates of title and registration cards issued pursuant to G.S. 20‑57shall be branded in accordance with this section.

As used in this section,"branded" means that the title and registration card shall contain adesignation that discloses if the vehicle is classified as any of thefollowing:

(1)        Salvage MotorVehicle.

(2)        Salvage RebuiltVehicle.

(3)        ReconstructedVehicle.

(4)        Flood Vehicle.

(5)        Non‑U.S.A.Vehicle.

(6)        Any otherclassification authorized by law.

(a1)      Any motor vehiclethat is declared a total loss by an insurance company licensed and approved toconduct business in North Carolina, in addition to the designations noted insubsection (a) of this section, shall:

(1)        Have the title andregistration card marked "TOTAL LOSS CLAIM".

(2)        Have a tamperproofpermanent marker inserted into the doorjamb of that vehicle by the Division, atthe time of the final inspection of the reconstructed vehicle, that states"TOTAL LOSS CLAIM VEHICLE". Should that vehicle be laterreconstructed, repaired, or rebuilt, a permanent tamperproof marker shall beinserted in the doorjamb of the reconstructed, repaired, or rebuilt vehicle.

(b)        Any motor vehicleup to and including six model years old damaged by collision or otheroccurrence, that is to be retitled in this State, shall be subject topreliminary and final inspections by the Enforcement Section of the Division.For purposes of this section, the term "six model years" shall becalculated by counting the model year of the vehicle's manufacture as the firstmodel year and the current calendar year as the final model year.

These inspections serve asantitheft measures and do not certify the safety or road‑worthiness of avehicle.

(c)        The Division shallnot retitle a vehicle described in subsection (b) of this section that has notundergone the preliminary and final inspections required by that subsection.

(d)        Any motor vehicleup to and including six model years old that has been inspected pursuant tosubsection (b) of this section may be retitled with an unbranded title basedupon a title application by the rebuilder with a supporting affidavitdisclosing all of the following:

(1)        The parts used orreplaced.

(2)        The major componentsreplaced.

(3)        The hours of laborand the hourly labor rate.

(4)        The total cost ofrepair.

(5)        The existence, ifapplicable, of the doorjamb "TOTAL LOSS CLAIM VEHICLE" marker.

The unbranded title shall beissued only if the cost of repairs, including parts and labor, does not exceedseventy‑five percent (75%) of its fair market retail value.

(e)        Any motor vehiclemore than six model years old damaged by collision or other occurrence that isto be retitled by the State may be retitled, without inspection, with anunbranded title based upon a title application by the rebuilder with asupporting affidavit disclosing all of the following:

(1)        The parts used orreplaced.

(2)        The major componentsreplaced.

(3)        The hours of laborand the hourly labor rate.

(4)        The total cost ofrepair.

(5)        The existence, ifapplicable, of the doorjamb "TOTAL LOSS CLAIM VEHICLE" marker.

(6)        The cost to replacethe air bag restraint system.

The unbranded title shall beissued only if the cost of repairs, including parts and labor and excluding thecost to replace the air bag restraint system, does not exceed seventy‑fivepercent (75%) of its fair market retail value.

(f)         The Division shallmaintain the affidavits required by this section and make them available forreview and copying by persons researching the salvage and repair history of thevehicle.

(g)        Any motor vehiclethat has been branded in another state shall be branded with the nearestapplicable brand specified in this section, except that no junk vehicle orvehicle that has been branded junk in another state shall be titled orregistered.

(h)        A branded title fora salvage motor vehicle damaged by collision or other occurrence shall beissued as follows:

(1)        For motor vehiclesup to and including six model years old, a branded title shall be issued if thecost of repairs, including parts and labor, exceeds seventy‑five percent(75%) of its fair market value at the time of the collision or otheroccurrence.

(2)        For motor vehiclesmore than six model years old, a branded title shall be issued if the cost ofrepairs, including parts and labor and excluding the cost to replace the airbag restraint system, exceeds seventy‑five percent (75%) of its fairmarket value at the time of the collision or other occurrence.

(i)         Once the Divisionhas issued a branded title for a motor vehicle all subsequent titles for thatmotor vehicle shall continue to reflect the branding.

(j)         The Division shallprepare necessary forms and doorjamb marker specifications and may adopt rulesrequired to carry out the provisions of this Part. (1987, c. 607, s. 1; 1987(Reg. Sess., 1988), c. 1105, s. 2; 1989, c. 455, ss. 2, 3; 1989 (Reg. Sess.,1990), c. 916, s. 1; 1997‑443, s. 32.26; 1998‑212, s. 27.8(a); 2003‑258,s. 1.)