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Section: 301.0280 Dealers and garage keepers, sales report required--unclaimed vehicle report required, contents--alteration of vehicle identification number, effect--false statement, penalty. RSMO 301.280


Published: 2015

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Missouri Revised Statutes













Chapter 301

Registration and Licensing of Motor Vehicles

←301.279

Section 301.280.1

301.290→

August 28, 2015

Dealers and garage keepers, sales report required--unclaimed vehicle report required, contents--alteration of vehicle identification number, effect--false statement, penalty.

301.280. 1. Every motor vehicle dealer and boat dealer shall make a

monthly report to the department of revenue, on blanks to be prescribed by

the department of revenue, giving the following information: date of the

sale of each motor vehicle, boat, trailer and all-terrain vehicle sold; the

name and address of the buyer; the name of the manufacturer; year of

manufacture; model of vehicle; vehicle identification number; style of

vehicle; odometer setting; and it shall also state whether the motor

vehicle, boat, trailer or all-terrain vehicle is new or secondhand. Each

monthly sales report filed by a motor vehicle dealer who collects sales tax

under subsection 8 of section 144.070 shall also include the amount of

state and local sales tax collected for each motor vehicle sold if sales

tax was due. The odometer reading is not required when reporting the sale

of any motor vehicle that is ten years old or older, any motor vehicle

having a gross vehicle weight rating of more than sixteen thousand pounds,

new vehicles that are transferred on a manufacturer's statement of origin

between one franchised motor vehicle dealer and another, or boats,

all-terrain vehicles or trailers. The sale of all temporary permits shall

be recorded in the appropriate space on the dealer's monthly sales report,

unless the sale of the temporary permit is already recorded by electronic

means as determined by the department. The monthly sales report shall be

completed in full and signed by an officer, partner, or owner of the

dealership, and actually received by the department of revenue on or before

the fifteenth day of the month succeeding the month for which the sales are

being reported. If no sales occur in any given month, a report shall be

submitted for that month indicating no sales. Any vehicle dealer who fails

to file a monthly report or who fails to file a timely report shall be

subject to disciplinary action as prescribed in section 301.562 or a

penalty assessed by the director not to exceed three hundred dollars per

violation. Every motor vehicle and boat dealer shall retain copies of the

monthly sales report as part of the records to be maintained at the

dealership location and shall hold them available for inspection by

appropriate law enforcement officials and officials of the department of

revenue. Every vehicle dealer selling twenty or more vehicles a month

shall file the monthly sales report with the department in an electronic

format. Any dealer filing a monthly sales report in an electronic format

shall be exempt from filing the notice of transfer required by section

301.196. For any dealer not filing electronically, the notice of transfer

required by section 301.196 shall be submitted with the monthly sales

report as prescribed by the director.



2. Every dealer and every person operating a public garage shall keep

a correct record of the vehicle identification number, odometer setting,

manufacturer's name of all motor vehicles or trailers accepted by him for

the purpose of sale, rental, storage, repair or repainting, together with

the name and address of the person delivering such motor vehicle or trailer

to the dealer or public garage keeper, and the person delivering such motor

vehicle or trailer shall record such information in a file kept by the

dealer or garage keeper. The record shall be kept for five years and be

open for inspection by law enforcement officials, members or authorized or

designated employees of the Missouri highway patrol, and persons, agencies

and officials designated by the director of revenue.



3. Every dealer and every person operating a public garage in which a

motor vehicle remains unclaimed for a period of fifteen days shall, within

five days after the expiration of that period, report the motor vehicle as

unclaimed to the director of revenue. Such report shall be on a form

prescribed by the director of revenue. A motor vehicle left by its owner

whose name and address are known to the dealer or his employee or person

operating a public garage or his employee is not considered unclaimed. Any

dealer or person operating a public garage who fails to report a motor

vehicle as unclaimed as herein required forfeits all claims and liens for

its garaging, parking or storing.



4. The director of revenue shall maintain appropriately indexed

cumulative records of unclaimed vehicles reported to the director. Such

records shall be kept open to public inspection during reasonable business

hours.



5. The alteration or obliteration of the vehicle identification

number on any such motor vehicle shall be prima facie evidence of larceny,

and the dealer or person operating such public garage shall upon the

discovery of such obliteration or alteration immediately notify the highway

patrol, sheriff, marshal, constable or chief of police of the municipality

where the dealer or garage keeper has his place of business, and shall hold

such motor vehicle or trailer for a period of forty-eight hours for the

purpose of an investigation by the officer so notified.



6. Any person who knowingly makes a false statement or omission of a

material fact in a monthly sales report to the department of revenue, as

described in subsection 1 of this section, shall be deemed guilty of a

class A misdemeanor.



(RSMo 1939 § 8381, A.L. 1974 H.B. 985, A.L. 1983 S.B. 9, A.L. 1984

S.B. 656, A.L. 1986 H.B. 1367 & 1573, A.L. 1988 H.B. 990, A.L.

1990 H.B. 1279, A.L. 1993 S.B. 35, A.L. 1997 H.B. 207, A.L. 2004

S.B. 1233, et al., A.L. 2007 S.B. 82, A.L. 2009 H.B. 683, A.L.

2012 H.B. 1402, A.L. 2015 H.B. 686)



Prior revisions: 1929 § 7773; 1919 §§ 7568, 7605





2012

2009

2007

2006





2012



301.280. 1. Every motor vehicle dealer and boat dealer shall make a

monthly report to the department of revenue, on blanks to be prescribed by

the department of revenue, giving the following information: date of the

sale of each motor vehicle, boat, trailer and all-terrain vehicle sold; the

name and address of the buyer; the name of the manufacturer; year of

manufacture; model of vehicle; vehicle identification number; style of

vehicle; odometer setting; and it shall also state whether the motor

vehicle, boat, trailer or all-terrain vehicle is new or secondhand. Each

monthly sales report filed by a motor vehicle dealer who collects sales tax

under subsection 8 of section 144.070 shall also include the amount of

state and local sales tax collected for each motor vehicle sold if sales

tax was due. The odometer reading is not required when reporting the sale

of any motor vehicle that is ten years old or older, any motor vehicle

having a gross vehicle weight rating of more than sixteen thousand pounds,

new vehicles that are transferred on a manufacturer's statement of origin

between one franchised motor vehicle dealer and another, or boats,

all-terrain vehicles or trailers. The sale of all thirty-day temporary

permits, without exception, shall be recorded in the appropriate space on

the dealer's monthly sales report by recording the complete permit number

issued on the motor vehicle or trailer sale listed. The monthly sales

report shall be completed in full and signed by an officer, partner, or

owner of the dealership, and actually received by the department of revenue

on or before the fifteenth day of the month succeeding the month for which

the sales are being reported. If no sales occur in any given month, a

report shall be submitted for that month indicating no sales. Any vehicle

dealer who fails to file a monthly report or who fails to file a timely

report shall be subject to disciplinary action as prescribed in section

301.562 or a penalty assessed by the director not to exceed three hundred

dollars per violation. Every motor vehicle and boat dealer shall retain

copies of the monthly sales report as part of the records to be maintained

at the dealership location and shall hold them available for inspection by

appropriate law enforcement officials and officials of the department of

revenue. Every vehicle dealer selling twenty or more vehicles a month

shall file the monthly sales report with the department in an electronic

format. Any dealer filing a monthly sales report in an electronic format

shall be exempt from filing the notice of transfer required by section

301.196. For any dealer not filing electronically, the notice of transfer

required by section 301.196 shall be submitted with the monthly sales

report as prescribed by the director.



2. Every dealer and every person operating a public garage shall keep

a correct record of the vehicle identification number, odometer setting,

manufacturer's name of all motor vehicles or trailers accepted by him for

the purpose of sale, rental, storage, repair or repainting, together with

the name and address of the person delivering such motor vehicle or trailer

to the dealer or public garage keeper, and the person delivering such motor

vehicle or trailer shall record such information in a file kept by the

dealer or garage keeper. The record shall be kept for five years and be

open for inspection by law enforcement officials, members or authorized or

designated employees of the Missouri highway patrol, and persons, agencies

and officials designated by the director of revenue.



3. Every dealer and every person operating a public garage in which a

motor vehicle remains unclaimed for a period of fifteen days shall, within

five days after the expiration of that period, report the motor vehicle as

unclaimed to the director of revenue. Such report shall be on a form

prescribed by the director of revenue. A motor vehicle left by its owner

whose name and address are known to the dealer or his employee or person

operating a public garage or his employee is not considered unclaimed. Any

dealer or person operating a public garage who fails to report a motor

vehicle as unclaimed as herein required forfeits all claims and liens for

its garaging, parking or storing.



4. The director of revenue shall maintain appropriately indexed

cumulative records of unclaimed vehicles reported to the director. Such

records shall be kept open to public inspection during reasonable business

hours.



5. The alteration or obliteration of the vehicle identification

number on any such motor vehicle shall be prima facie evidence of larceny,

and the dealer or person operating such public garage shall upon the

discovery of such obliteration or alteration immediately notify the highway

patrol, sheriff, marshal, constable or chief of police of the municipality

where the dealer or garage keeper has his place of business, and shall hold

such motor vehicle or trailer for a period of forty-eight hours for the

purpose of an investigation by the officer so notified.



6. Any person who knowingly makes a false statement or omission of a

material fact in a monthly sales report to the department of revenue, as

described in subsection 1 of this section, shall be deemed guilty of a

class A misdemeanor.



2009



301.280. 1. Every motor vehicle dealer and boat dealer shall make a

monthly report to the department of revenue, on blanks to be prescribed by

the department of revenue, giving the following information: date of the sale

of each motor vehicle, boat, trailer and all-terrain vehicle sold; the name

and address of the buyer; the name of the manufacturer; year of manufacture;

model of vehicle; vehicle identification number; style of vehicle; odometer

setting; and it shall also state whether the motor vehicle, boat, trailer or

all-terrain vehicle is new or secondhand. Each monthly sales report filed by

a motor vehicle dealer who collects sales tax under subsection 8 of section

144.070 shall also include the amount of state and local sales tax collected

for each motor vehicle sold if sales tax was due. The odometer reading is

not required when reporting the sale of any motor vehicle that is ten years

old or older, any motor vehicle having a gross vehicle weight rating of more

than sixteen thousand pounds, new vehicles that are transferred on a

manufacturer's statement of origin between one franchised motor vehicle

dealer and another, or boats, all-terrain vehicles or trailers. The sale of

all thirty-day temporary permits, without exception, shall be recorded in the

appropriate space on the dealer's monthly sales report by recording the

complete permit number issued on the motor vehicle or trailer sale listed.

The monthly sales report shall be completed in full and signed by an officer,

partner, or owner of the dealership, and actually received by the department

of revenue on or before the fifteenth day of the month succeeding the month

for which the sales are being reported. If no sales occur in any given

month, a report shall be submitted for that month indicating no sales. Any

vehicle dealer who fails to file a monthly report or who fails to file a

timely report shall be subject to disciplinary action as prescribed in

section 301.562 or a penalty assessed by the director not to exceed three

hundred dollars per violation. Every motor vehicle and boat dealer shall

retain copies of the monthly sales report as part of the records to be

maintained at the dealership location and shall hold them available for

inspection by appropriate law enforcement officials and officials of the

department of revenue. Every vehicle dealer selling twenty or more vehicles

a month shall file the monthly sales report with the department in an

electronic format. Any dealer filing a monthly sales report in an electronic

format shall be exempt from filing the notice of transfer required by section

301.196. For any dealer not filing electronically, the notice of transfer

required by section 301.196 shall be submitted with the monthly sales report

as prescribed by the director.



2. Every dealer and every person operating a public garage shall keep a

correct record of the vehicle identification number, odometer setting,

manufacturer's name of all motor vehicles or trailers accepted by him for the

purpose of sale, rental, storage, repair or repainting, together with the

name and address of the person delivering such motor vehicle or trailer to

the dealer or public garage keeper, and the person delivering such motor

vehicle or trailer shall record such information in a file kept by the dealer

or garage keeper. The record shall be kept for three years and be open for

inspection by law enforcement officials, members or authorized or designated

employees of the Missouri highway patrol, and persons, agencies and officials

designated by the director of revenue.



3. Every dealer and every person operating a public garage in which a

motor vehicle remains unclaimed for a period of fifteen days shall, within

five days after the expiration of that period, report the motor vehicle as

unclaimed to the director of revenue. Such report shall be on a form

prescribed by the director of revenue. A motor vehicle left by its owner

whose name and address are known to the dealer or his employee or person

operating a public garage or his employee is not considered unclaimed. Any

dealer or person operating a public garage who fails to report a motor vehicle

as unclaimed as herein required forfeits all claims and liens for its

garaging, parking or storing.



4. The director of revenue shall maintain appropriately indexed

cumulative records of unclaimed vehicles reported to the director. Such

records shall be kept open to public inspection during reasonable business

hours.



5. The alteration or obliteration of the vehicle identification number on

any such motor vehicle shall be prima facie evidence of larceny, and the

dealer or person operating such public garage shall upon the discovery of such

obliteration or alteration immediately notify the highway patrol, sheriff,

marshal, constable or chief of police of the municipality where the dealer or

garage keeper has his place of business, and shall hold such motor vehicle or

trailer for a period of forty-eight hours for the purpose of an investigation

by the officer so notified.



2007



301.280. 1. Every motor vehicle dealer and boat dealer shall make a

monthly report to the department of revenue, on blanks to be prescribed by

the department of revenue, giving the following information: date of the

sale of each motor vehicle, boat, trailer and all-terrain vehicle sold; the

name and address of the buyer; the name of the manufacturer; year of

manufacture; model of vehicle; vehicle identification number; style of

vehicle; odometer setting; and it shall also state whether the motor

vehicle, boat, trailer or all-terrain vehicle is new or secondhand. The

odometer reading is not required when reporting the sale of any motor

vehicle that is ten years old or older, any motor vehicle having a gross

vehicle weight rating of more than sixteen thousand pounds, new vehicles

that are transferred on a manufacturer's statement of origin between one

franchised motor vehicle dealer and another, or boats, all-terrain vehicles

or trailers. The sale of all thirty-day temporary permits, without

exception, shall be recorded in the appropriate space on the dealer's

monthly sales report by recording the complete permit number issued on the

motor vehicle or trailer sale listed. The monthly sales report shall be

completed in full and signed by an officer, partner, or owner of the

dealership, and actually received by the department of revenue on or before

the fifteenth day of the month succeeding the month for which the sales are

being reported. If no sales occur in any given month, a report shall be

submitted for that month indicating no sales. Any vehicle dealer who fails

to file a monthly report or who fails to file a timely report shall be

subject to disciplinary action as prescribed in section 301.562 or a

penalty assessed by the director not to exceed three hundred dollars per

violation. Every motor vehicle and boat dealer shall retain copies of the

monthly sales report as part of the records to be maintained at the

dealership location and shall hold them available for inspection by

appropriate law enforcement officials and officials of the department of

revenue. Every vehicle dealer selling twenty or more vehicles a month

shall file the monthly sales report with the department in an electronic

format. Any dealer filing a monthly sales report in an electronic format

shall be exempt from filing the notice of transfer required by section

301.196. For any dealer not filing electronically, the notice of transfer

required by section 301.196 shall be submitted with the monthly sales

report as prescribed by the director.



2. Every dealer and every person operating a public garage shall keep

a correct record of the vehicle identification number, odometer setting,

manufacturer's name of all motor vehicles or trailers accepted by him for

the purpose of sale, rental, storage, repair or repainting, together with

the name and address of the person delivering such motor vehicle or trailer

to the dealer or public garage keeper, and the person delivering such motor

vehicle or trailer shall record such information in a file kept by the

dealer or garage keeper. The record shall be kept for three years and be

open for inspection by law enforcement officials, members or authorized or

designated employees of the Missouri highway patrol, and persons, agencies

and officials designated by the director of revenue.



3. Every dealer and every person operating a public garage in which a

motor vehicle remains unclaimed for a period of fifteen days shall, within

five days after the expiration of that period, report the motor vehicle as

unclaimed to the director of revenue. Such report shall be on a form

prescribed by the director of revenue. A motor vehicle left by its owner

whose name and address are known to the dealer or his employee or person

operating a public garage or his employee is not considered unclaimed. Any

dealer or person operating a public garage who fails to report a motor

vehicle as unclaimed as herein required forfeits all claims and liens for

its garaging, parking or storing.



4. The director of revenue shall maintain appropriately indexed

cumulative records of unclaimed vehicles reported to the director. Such

records shall be kept open to public inspection during reasonable business

hours.



5. The alteration or obliteration of the vehicle identification

number on any such motor vehicle shall be prima facie evidence of larceny,

and the dealer or person operating such public garage shall upon the

discovery of such obliteration or alteration immediately notify the highway

patrol, sheriff, marshal, constable or chief of police of the municipality

where the dealer or garage keeper has his place of business, and shall hold

such motor vehicle or trailer for a period of forty-eight hours for the

purpose of an investigation by the officer so notified.



2006



301.280. 1. Every motor vehicle dealer and boat dealer shall make a

monthly report to the department of revenue, on blanks to be prescribed by

the department of revenue, giving the following information: date of the

sale of each motor vehicle, boat, trailer and all-terrain vehicle sold; the

name and address of the buyer; the name of the manufacturer; year of

manufacture; model of vehicle; vehicle identification number; style of

vehicle; odometer setting; and it shall also state whether the motor

vehicle, boat, trailer or all-terrain vehicle is new or secondhand. The

odometer reading is not required when reporting the sale of any motor

vehicle that is ten years old or older, any motor vehicle having a gross

vehicle weight rating of more than sixteen thousand pounds, new vehicles

that are transferred on a manufacturer's statement of origin between one

franchised motor vehicle dealer and another, or boats, all-terrain vehicles

or trailers. The sale of all thirty-day temporary permits, without

exception, shall be recorded in the appropriate space on the dealer's

monthly sales report by recording the complete permit number issued on the

motor vehicle or trailer sale listed. The monthly sales report shall be

completed in full and signed by an officer, partner, or owner of the

dealership, and actually received by the department of revenue on or before

the fifteenth day of the month succeeding the month for which the sales are

being reported. If no sales occur in any given month, a report shall be

submitted for that month indicating no sales. Any vehicle dealer who fails

to file a monthly report or who fails to file a timely report shall be

subject to disciplinary action as prescribed in section 301.562 or a

penalty assessed by the director not to exceed three hundred dollars per

violation. Every motor vehicle and boat dealer shall retain copies of the

monthly sales report as part of the records to be maintained at the

dealership location and shall hold them available for inspection by

appropriate law enforcement officials and officials of the department of

revenue. Beginning January 1, 2006, the monthly sales report required by

this subsection may be filed electronically. Beginning January 1, 2007,

every vehicle dealer selling twenty or more vehicles a month shall file the

monthly sales report with the department in an electronic format. Any

dealer filing a monthly sales report in an electronic format shall be

exempt from filing the notice of transfer required by section 301.196. For

any dealer not filing electronically, the notice of transfer required by

section 301.196 shall be submitted with the monthly sales report as

prescribed by the director.



2. Every dealer and every person operating a public garage shall keep

a correct record of the vehicle identification number, odometer setting,

manufacturer's name of all motor vehicles or trailers accepted by him for

the purpose of sale, rental, storage, repair or repainting, together with

the name and address of the person delivering such motor vehicle or trailer

to the dealer or public garage keeper, and the person delivering such motor

vehicle or trailer shall record such information in a file kept by the

dealer or garage keeper. The record shall be kept for three years and be

open for inspection by law enforcement officials and persons, agencies and

officials designated by the director of revenue.



3. Every dealer and every person operating a public garage in which a

motor vehicle remains unclaimed for a period of fifteen days shall, within

five days after the expiration of that period, report the motor vehicle as

unclaimed to the director of revenue. Such report shall be on a form

prescribed by the director of revenue. A motor vehicle left by its owner

whose name and address are known to the dealer or his employee or person

operating a public garage or his employee is not considered unclaimed. Any

dealer or person operating a public garage who fails to report a motor

vehicle as unclaimed as herein required forfeits all claims and liens for

its garaging, parking or storing.



4. The director of revenue shall maintain appropriately indexed

cumulative records of unclaimed vehicles reported to the director. Such

records shall be kept open to public inspection during reasonable business

hours.



5. The alteration or obliteration of the vehicle identification

number on any such motor vehicle shall be prima facie evidence of larceny,

and the dealer or person operating such public garage shall upon the

discovery of such obliteration or alteration immediately notify the highway

patrol, sheriff, marshal, constable or chief of police of the municipality

where the dealer or garage keeper has his place of business, and shall hold

such motor vehicle or trailer for a period of forty-eight hours for the

purpose of an investigation by the officer so notified.







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