Louisiana Revised Statutes 32:718 – Sale of an auto hulk as scrap to a scrap metal processor or a licensed automotive dismantler and parts recycler
Terms Used In Louisiana Revised Statutes 32:718
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Auto hulk: means any material which is or may have been a motor vehicle, with or without all component parts, which is not self-propelled nor capable of carrying persons or property upon a public highway and which material is in such condition that its highest or primary value is its sale or transfer as parts or scrap metal. See Louisiana Revised Statutes 32:702
- Person: shall mean any individual, firm, corporation, partnership or association. See Louisiana Revised Statutes 32:702
- Vehicle: shall include those devices sometimes referred to as mobile homes as defined in Louisiana Revised Statutes 32:702
A. Notwithstanding any law to the contrary, in lieu of a title, any owner who sells an auto hulk as scrap to be dismantled or processed for recycling shall provide the secondary metal processor or licensed automotive dismantler and parts recycler with a signed and dated affidavit stating that he is the owner of the vehicle or part or has the right to sell or transfer the vehicle or part.
B. Every secondary metal processor or licensed automotive dismantler and parts recycler shall maintain the signed and dated affidavit, along with the name and address of the person delivering, selling, or transferring the auto hulk, photographic or electronic copy of the seller’s valid driver’s license or a valid identification card issued by the seller’s current state of residence, the tag number and state of issue of the vehicle delivering the auto hulk, and the vehicle identification number of the auto hulk. This information shall be kept in a registry or book or in electronic format for a period of two years at the secondary metal processor’s or the licensed automotive dismantler and parts recycler’s place of business and shall be made available for inspection by any peace officer, law enforcement official, or office of motor vehicles official at any time during customary business hours.
C. Every secondary metal processor or licensed automotive dismantler and parts recycler shall report the vehicle identification number of each auto hulk received from a seller to the office of motor vehicles’ auto hulk database located at www.expresslane.org. The report shall be in a form approved by the office of motor vehicles and shall be submitted prior to the dismantling, crushing, or other destruction of the auto hulk. The office of motor vehicles shall send a return message that the report was successfully entered. If the office’s return message indicates the auto hulk has been reported as stolen, such auto hulk shall not be dismantled or destroyed, and the secondary metal processor or licensed automotive dismantler and parts recycler in possession of the auto hulk shall notify local law enforcement of its location.
D. The provisions of this Section are applicable to auto hulks in lieu of the provisions of La. Rev. Stat. 32:717 and 807.
E. For the purposes of this Chapter and Chapter 4-C of this Title, “auto hulk” shall not mean a motor vehicle as defined in La. Rev. Stat. 32:781.
Acts 2008, No. 586, §1; Acts 2009, No. 435, §1, eff. July 1, 2010; Acts 2018, No. 638, §1.