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49 U.S.C. § 14301 — Security interests in certain motor vehicles

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 496 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines heavy trucks, buses, and trailers, plus terms about liens and security interests. A perfected security interest gets enforced against all creditors once certain steps are met. These steps depend on whether the state issues a certificate of title for the vehicle.

(a) Definitions. Four terms matter here. (1) Motor vehicle means a truck weighing at least 10,000 pounds (gross vehicle weight), a highway tractor rated at least 10,000 pounds (gross combination weight), a property trailer or semitrailer with at least one axle rated at 10,000 pounds or more, or a bus that seats at least 10 people. (2) Lien creditor means a creditor holding a lien on a motor vehicle; it also includes an assignee for the benefit of creditors (counted from the date of assignment), a bankruptcy trustee (counted from the date the case was filed), and an equity receiver (counted from the date of appointment). (3) Security interest means an interest in a motor vehicle -- created by a conditional sales contract, mortgage, equipment trust, other lien or title-retention contract, or a lease -- that secures payment or performance of an obligation. (4) Perfection means taking the action, or having the facts exist, that the law requires to make a security interest enforceable against general creditors and later lien creditors of a debtor. This can include public filing, recording, noting it on a title certificate, or the secured party holding the collateral. It does not include just meeting the requirements to make the security interest valid between the debtor and the secured party themselves.

(b) Requirements for Perfection of Security Interest. A security interest in a motor vehicle that a carrier registered under section 13902 owns, possesses, or uses -- securing an obligation the carrier owes -- is treated as "perfected" everywhere, against all general and later lien creditors and against anyone who buys the vehicle or takes a security interest in it from that carrier, once one of three things happens: (1) a certificate of title is issued for the vehicle under a state law that requires or allows noting a security interest on the certificate, and the interest is actually noted on it; (2) no certificate of title has been issued, and the security interest is publicly filed or recorded as required or allowed by the law of the state where the carrier's main place of business is; or (3) no certificate of title has been issued, the interest can't be perfected under (2), but it has been perfected under the law -- including the conflict-of-laws rules -- of the state where the carrier's main place of business is.

the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

In this section, the following definitions apply:

(1)Motor vehicle.—

The term “motor vehicle” means a truck of rated capacity (gross vehicle weight) of at least 10,000 pounds, a highway tractor of rated capacity (gross combination weight) of at least 10,000 pounds, a property-carrying trailer or semitrailer with at least one load-carrying axle of at least 10,000 pounds, or a motor bus with a seating capacity of at least 10 individuals.

(2)Lien creditor.—

The term “lien creditor” means a creditor having a lien on a motor vehicle and includes an assignee for benefit of creditors from the date of assignment, a trustee in a case under title 11 from the date of filing of the petition in that case, and a receiver in equity from the date of appointment of the receiver.

(3)Security interest.—

The term “security interest” means an interest (including an interest established by a conditional sales contract, mortgage, equipment trust, or other lien or title retention contract, or lease) in a motor vehicle when the interest secures payment or performance of an obligation.

(4)Perfection.—

The term “perfection”, as related to a security interest, means taking action (including public filing, recording, notation on a certificate of title, and possession of collateral by the secured party), or the existence of facts, required under law to make a security interest enforceable against general creditors and subsequent lien creditors of a debtor, but does not include compliance with requirements related only to the establishment of a valid security interest between the debtor and the secured party.

(b)Requirements for Perfection of Security Interest.—

A security interest in a motor vehicle owned by, or in the possession and use of, a carrier registered under section 13902 of this title and owing payment or performance of an obligation secured by that security interest is perfected in all jurisdictions against all general, and subsequent lien, creditors of, and all persons taking a motor vehicle by sale (or taking or retaining a security interest in a motor vehicle) from, that carrier when—

(1)

a certificate of title is issued for a motor vehicle under a law of a jurisdiction that requires or permits indication, on a certificate or title, of a security interest in the motor vehicle if the security interest is indicated on the certificate;

(2)

a certificate of title has not been issued and the law of the State where the principal place of business of that carrier is located requires or permits public filing or recording of, or in relation to, that security interest if there has been such a public filing or recording; and

(3)

a certificate of title has not been issued and the security interest cannot be perfected under paragraph (2) of this subsection, if the security interest has been perfected under the law (including the conflict of laws rules) of the State where the principal place of business of that carrier is located.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 894.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 894

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

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