Salvage Laws

Defendant appealed decision of the Adjudication Office of the DMV, which found that Defendant was not entitled to a clean title. Defendant brought a vehicle, which was in the midst of the salvage process, into Rhode Island. Defendant was initially granted a clean title by the DMV, but the DMV later revoked the title. Defendant set forth the following arguments: (1) the DMV was without authority to revoke his title; (2) Massachusetts salvage laws govern this case; and, alternatively, (3) if Defendant is subject to Rhode Island salvage laws, then G.L. 1956 § 31-46-3 (salvage by non-insurer) provided him with an exemption because his vehicle was more than seven years old. The District Court held that: (1) pursuant to § 31-3.1-25(a) (suspension or revocation of certificates), the DMV may revoke a title if it was erroneously issued, and administrative rulings that trigger second thoughts within the agency as to their soundness may be deemed erroneously issued; (2) the Rhode Island DMV is not bound by any determination made by the Massachusetts registry because Rhode Island is its own sovereign entity; and (3) § 31-46-3 is not applicable to Defendant because he did not own the vehicle at the time of the accident, and, therefore, Defendant is not exempt from Rhode Island salvage laws. Accordingly, the District Court affirmed the decision of the Adjudication Office of the DMV.

Mark Ramos v Division of Motor Vehicles, A.A. No. 19-39 (February 18, 2020).pdf