810-5-1-.483.01  Exclusion – Utility Trailers.

(1) The term “Department” as used in this regulation shall mean the Department of Revenue of the State of Alabama.

(2) In accordance with the provisions of Section 32-8-31, Code of Ala. 1975, as amended, a utility trailer whose cargo carrying area of the unit does not exceed 16 feet in length, excluding the tongue and hitch, or gate when opened, and has no more than one axle, shall not be issued a certificate of title, effective January 1, 2004.

(3) Certificates of title issued prior to January 1, 2004 for a utility trailer exempted from titling after that date, shall remain valid until the certificate of title is voided by the transfer of ownership, the creation of a new lien, or certificate of title is surrendered to another jurisdiction. All liens perfected on the face of a certificate for a utility trailer exempted from titling on January 1, 2004, that was issued prior to that date shall remain valid until the lien is satisfied.

(4) Security interests in utility trailers exempted from titling shall be filed under the provisions of the Uniform Commercial Code (UCC).

(5) The effective date of Act 2003-345 is January 1, 2004. Any application for a certificate of title for a utility trailer exempted under the provisions of this Act, received by the Department on or after January 1, 2004 shall be refused and returned to the designated agent submitting the application.

Author: Winston Hyte

Statutory Authority: Code of Ala. 1975, §§40-2A-7 (a) (5), 32-8-3 (b) (2).

History: New Rule: Filed May 18, 2004; effective June 22, 2004.