No. 21-67
Subsection 1 of Section 301, RSMo 1959, prohibits any person from transferring his license plate to another person except for a period of fifteen days following the sale of a motor vehicle.
Cite as Mo. Op. Att'y Gen. No. 21-67
MOTOR VEHICLE REGISTRATION:
LlCENSES:
DEPARTMENT OF REVENUE:
Subsection 1 of Section 301, RSMo 1959,
prohibits any person from transferring
his license plate to another person
except for a period of fifteen days
following the sale of a motor vehicle.
OPINION NO. 21
259 (1966)
November 2, 1967
Honorable Alden S. Lance
Prosecuting Attorney
Andrew County
415 West Main Street
s~vannah, Missouri 64485
Dear Mr. Lance:
F I L F D
;;,J
This is in answer to your request for an opinion of this office
which request reads as follows:
"1.
Section 301.140, RSMo., 1959, As Amended,
provides for the transfer of motor vehicles
and the expiration of the right to use the
number plates.
My question is as follows:
The local office of the Department of Revenue
has transferred the registration plates from
one individual to his brother-in-law.
We
seem to be getting conflicting opinions from
the Department of Revenue as to whether or not
they are approving such actions.
Can such
transfers of registration plates be accom-
plished under present Missouri law?
''Also , can such transfers be accomplished
under Missouri law as betwe~n husband and
wife, or between a minor and an 4dult who may
be holding the title to the motor vehicle in
his or her name as purely a convenience for
the minor?"
We only consider the situation where any of the above named persons
•
have a car registered in their individual name and attempt to t ransfer
registration to one of the designated persons again in an individual
name.
Subsection 1 of Section 301.140, RSMo 1959, is applicable and
reads as follows :
Honorable Alden s . Lance
"1.
Upon the transfer or ownership of any
motor vehicle or trailer, the certificate of
registration and the right to use the number
plates shall expire and the number plates shall
be removed by the owner at the time of the
t r ansfer of possession, and it shall be unlawful
for any person other than the person to whom
such number plates were originally issued, to
have the same in his or her possession whether
in use or not; except that the seller may
give the buyer written permission to use such
plat es for a period of fift een days, i n which
event the buyer shall have and display on
demand of any pr oper officer said written con-
sent of pr evious owner, together with an
affidavit or other proof that he has made ap-
plication for r egistration.
At the expiration
of t his fifteen day period the said number
plates shall be returned to the original
owner . "
It has been hel d that the provisions for t r ansfer are mandatory,
State ex rel . Connecticut Fire Ins. Co . v . Cox, 306 Mo. , 537, 552,
268 s .w. 87~ 37 A.L.R. 1456; Pearl v . Interstate Securities Co . ,
Mo . App., 1 9~ S .W.2d 867, rever sed on other grounds, 357 Mo. 160,
206 S .W.2d 975, and should be strictly construed, Peper v .
American Exchange National Bank in St . Louis, Mo . App . , 205 S . W.2d
215, affi rmed 210 s .W.2d 41 .
Accordingly, we construe the plain terms of the statute to
mean that none of the per sons you inquire about may have their re-
gist ration plates transferred to another person except of course
for the fifteen day period prescribed.
CONCLUSION
It is the opinion of this office that subsection 1 of Section
301, RSMo 1959, prohibit s any person from transfer ring his license
plate to another person except for a period of fifteen days following
the sale of a motor vehicle .
The foregoing opinion, which I hereby approve, was prepared by
my Assistant, Walter w. Nowotny, Jr.
ORMAN H. A
Attor ney General
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