Michigan Laws 257.1352 – Record of transaction

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Terms Used In Michigan Laws 257.1352

Agent: means an individual who, for compensation or valuable consideration, is employed either directly or indirectly by a dealer. See Michigan Laws 257.1351
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means any person that engages in the ordinary course of repeated and recurrent transactions of buying or receiving used motor vehicle parts from persons other than a licensee. See Michigan Laws 257.1351
End-user: means that term as defined in section 16901 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 257.1351
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Late model vehicle: means a motor vehicle manufactured in the current model year or the 5 model years immediately preceding the current model year. See Michigan Laws 257.1351
Licensee: means a person that is licensed under section 248 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 257.1351
Local police agency: means the police agency of a city, village, or township, or if none, the county sheriff. See Michigan Laws 257.1351
Motor vehicle: means a motor vehicle as defined in section 33 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 257.1351
Person: means an individual, corporation, limited liability company, partnership, association, or other legal entity. See Michigan Laws 257.1351
Scrap tire processor: means that term as defined in section 16901 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 257.1351
state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
Used motor vehicle part: means any of the following:

(i) A major component part, dashboard, radio, stereo, or seat of a late model motor vehicle for which a certificate of title and registration plate have been issued to a consumer or dealer. See Michigan Laws 257.1351

(1) A dealer shall maintain a permanent record of each transaction concerning the buying or receiving of any used motor vehicle part from a person, other than an end-user or scrap tire processor that is regulated under part 169 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.16901 to 324.16911, or a licensee, on a record of transaction form prescribed in subsection (5), legibly written in ink in the English language. Each record of transaction form shall be filled out in duplicate by the dealer or agent with 1 copy given to the customer and 1 copy retained by the dealer. At the time a dealer receives or purchases a used motor vehicle part from a person other than an end-user, scrap tire processor, or licensee, the dealer or agent shall accurately record all of the following information on a record of transaction form:

(a) A general description of the used motor vehicle part received or purchased.

(b) The vehicle identification number of the vehicle the used motor vehicle part came from.

(d) The date of the transaction.

(e) The name of the individual who is conducting the transaction on behalf of the dealer.

(f) The name, date of birth, driver’s license number or state of Michigan personal identification card number, and street and house number of the individual with whom the transaction is being made, together with a legible imprint of the right thumb of the individual with whom the transaction is made, or if that is not possible, then the left thumb or a finger of that individual. However, the thumbprint or fingerprint is only required on the record of transaction form retained by the dealer. The dealer or agent shall make a thumbprint or fingerprint available to the local police agency or the department of state police only during the course of a police investigation involving a used motor vehicle part described on the record of transaction. This subdivision does not apply to a transaction involving an insurance company that has acquired ownership of a late model vehicle by the payment of damages due to an accident and a dealer that buys the vehicle from the insurance company for salvage.

(g) The price paid or to be paid by the dealer for the used motor vehicle part.

(h) Subject to section 2a, the form of payment made to the customer. The dealer or agent shall indicate the number of a check, money order, or bank draft and the transaction number of any direct deposit or electronic transfer to the customer’s account at a financial institution.

(i) The signature of the individual with whom the transaction is made.

(2) A dealer or agent shall number the record of each transaction consecutively, commencing with the number 1 and the calendar year; and, if the transaction includes the buying or receiving of 1 or more used motor vehicle tires, tire wheels or rims, or continuous tire tread, shall place the transaction number on a tag that the dealer or agent must attach to each of those items the dealer or agent bought or received.

(3) The record of transaction forms of a dealer and each used motor vehicle part received by a dealer as the result of a transaction are open to an inspection by the local police agency and the Michigan state police at all times during the ordinary business hours of the dealer. As a condition of doing business, a dealer is considered to have given consent to the inspection described in this subsection. The record of transaction forms of a dealer are not open to inspection by the general public.

(4) A dealer shall retain each record of a transaction for at least 1 year after the transaction to which the record pertains. A dealer that goes out of business or changes the dealer’s business address to another local jurisdiction either within or out of this state shall transmit to the local police agency the records of all transactions made by the dealer in the 1-year period before the dealer closes or moves. After a period of 1 year from the date of the transaction, if a police investigation concerning a used motor vehicle part described on the record of transaction has not occurred, the dealer and local police agency shall destroy, and not keep a permanent record of, the records of the transaction.

(5) The form of the record of transaction shall be 8-1/2 by 11 inches in size and shall be as follows:

“Record of Transaction

#	________________________________
	(Transaction number printed
	on the form)
(1) Description of Property	________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
(2) _______________________________	(3) __________________________
(Vehicle Identification Number)	(State of Origin)
(4) ______________, ___	(5) __________________________
	(Date)		(Name of Dealer/Employee)
(6) ______________________,	___________________, ___
(Name of Customer)		(Date of Birth)
__________________________,	___________________________
(Driver’s License No./	(Street Address)
Mich. Personal ID Number)	_____________________	______
	(City & State)		(Zip)
(7) ______________________
(Price Paid)
(8) ______________________
	(Check no., bank draft
	no., money order no.,
	transaction no., or cash)


	____________________________”
Thumbprint	(Signature of Customer)

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