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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Motor Vehicle Code, Ordinance No. 93-01
Transfer of Title

24.0. Transfer of Interest in a Vehicle

25.0. New Certificate

26.0. Perfection of Security Interests

27.0. Duties of Creation of Security Interest

28.0. Assignment of Security Interest

29.0. Release of Security Interest

30.0. Duties

31.0. Suspension or Revocation of Certificate

32.0. Cancellation of Title or Registration

33.0. Special Plates

34.0. Enforcement of Leech Lake Motor Vehicle Code

LLOjibwe MVC § 24.0
24.0. Transfer of Interest in a Vehicle

24.1 If an owner transfers the interest in a vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee and mail or deliver the title to the transferee.

24.2 The transferee shall execute the application for a new certificate of title promptly after receipt of the vehicle and mail or deliver the certificate and application to the motor vehicle registrar.

24.3 A transfer by an owner is not effective until there is complete compliance with all the provisions of this section. An owner who has delivered possession of the vehicle to the transferee and has fulfilled all of the obligations of the seller, shall not be liable as the owner of the vehicle for any damages resulting from the operation of the vehicle.

24.4 Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty title required by subsection 23.1 of the Leech Lake Motor Vehicle Code may be required to a pay a penalty of not more than five hundred dollars ($500).

24.5 Any transferee of a vehicle who fails to make application for a new certificate of title immediately upon receipt of possession of the vehicle may be fined not more than five hundred dollars ($500). An application for a certificate is made when delivered to the Motor Vehicle Registrar or deposited in the mail properly addressed with postage prepaid.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 24.0, LLOjibwe MVC § 24.0



LLOjibwe MVC § 25.0
25.0. New Certificate

The motor vehicle registrar shall issue a new certificate of title in the name of the transferee as owner upon receipt of a properly assigned certificate of title, the required fee and any other transfer documents required by ordinance to support the transfer.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 25.0, LLOjibwe MVC § 25.0




LLOjibwe MVC § 26.0
26.0. Perfection of Security Interests

26.1 A security interest in a vehicle licensed and titled under the authority of the Leech Lake Band of Chippewa is valid only when perfected in accordance with the provisions of this ordinance.

26.2 A security interest is perfected by the delivery to the Motor Vehicle Registrar of:

26.21 The existing certificate of title, if any, and

26.22 An application for a certificate of title which contains the name and address of the secured party and the date of the security agreement.

26.3 Perfection of the security interest shall be perfected at the time of its creation if delivery of all requirements pursuant to Section 25.2 of this Code is made within ten (10) days after the creation.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 26.0, LLOjibwe MVC § 26.0




LLOjibwe MVC § 27.0
27.0. Duties of Creation of Security Interest

When an owner creates a security interest in a vehicle:

27.1 The owner shall immediately execute an application to name the secured party on the certificate, showing the name and address of the secured party, the date of the security agreement and deliver the certificate application and the required fee to the secured party.

27.2 The secured party shall immediately mail or deliver the application and required fee to the Motor Vehicle Registrar.

27.3 The Motor Vehicle Registrar shall issue a new certificate to the owner upon receipt of the title, application and required fee.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 27.0, LLOjibwe MVC § 27.0




LLOjibwe MVC § 28.0
28.0. Assignment of Security Interest

28.1 A secured party may assign his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest.

28.2 The secured party remains liable for any obligations as a secured party until the assignee is named as a secured party on the certificate.

28.3 The assignee may perfect the assignment by having the certificate of title endorsed and issued with the assignee named as a secured party.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 28.0, LLOjibwe MVC § 28.0




LLOjibwe MVC § 29.0
29.0. Release of Security Interest

29.1 A release of a security interest in a vehicle shall be executed by the secured party and delivered to the owner of a vehicle upon the satisfaction of all financial obligations secured. If the secured party fails to execute and deliver such a release within ten (10) days after receipt of the owner's written demand, the secured party shall be liable to the owner for any loss caused to the owner by such failure.

29.2 The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the Motor Vehicle Registrar, who shall release the secured party's rights on the certificate and issue a new certificate.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 29.0, LLOjibwe MVC § 29.0




LLOjibwe MVC § 30.0
30.0. Duties

30.1 A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose information regarding his security agreement and the indebtedness secured by it.

30.2 An owner shall promptly deliver his certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.

30.3 Any secured party who fails to disclose information pursuant to Section 29.1 of the Leech Lake Motor Vehicle Code shall be liable for any loss caused to the owner as a result of this failure to disclose.

30.4 Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to Section 29.2 of the Leech Lake Motor Vehicle Code shall be liable to the secured party for any loss caused by the failure to deliver the title.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 30.0, LLOjibwe MVC § 30.0




LLOjibwe MVC § 31.0
31.0. Suspension or Revocation of Certificate

31.1 The motor vehicle registrar shall suspend or revoke a certificate of title if the registrar has evidence which supports a finding that:

31.11 The certificate of title was fraudulently procured, erroneously issued or prohibited by law; or

31.12 The vehicle has been scrapped, dismantled or destroyed; or

31.13 A transfer of title, security interest in the vehicle or other interest in the vehicle has been set aside by an order or judgement of the Leech Lake Tribal Court.

31.2 Suspension or revocation of a certificate of title does not affect the validity of a security interest noted on it.

31.3 Upon receiving notice of the suspension or revocation of a certificate of title, the owner shall immediately mail or deliver the certificate to the Motor Vehicle Registrar.

31.4 The Leech Lake Band of Chippewa may seize or impound any certificate of title, any registration plates and any registration tabs which have been suspended or revoked.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 31.0, LLOjibwe MVC § 31.0




LLOjibwe MVC § 32.0
32.0. Cancellation of Title or Registration

The Motor Vehicle Registrar shall cancel a title registration when:

32.1 An original title or transfer of title is set aside by an order or judgement of the Leech Lake Tribal Court; or

32.2 It is subsequently discovered that the issuance or possession of a title or registration is prohibited by law.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 32.0, LLOjibwe MVC § 32.0




LLOjibwe MVC § 33.0
33.0. Special Plates

At the discretion of the Leech Lake Tribal Council special plates such as personalized plates or other categories of special license plates may be issued.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 33.0, LLOjibwe MVC § 33.0




LLOjibwe MVC § 34.0
34.0. Enforcement of Leech Lake Motor Vehicle Code

All Leech Lake Conservation Officers and any other duly recognized law enforcement officers of the Leech Lake Band of Chippewa shall have the authority and responsibility for the enforcement of this Leech Lake Motor Vehicle Code.

Adopted on March 26, 1993.

Leech Lake Ojibwe Motor Vehicle Code § 34.0, LLOjibwe MVC § 34.0

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