NOTE.....I'm using Julian's letter as a example here and not picking on
him.......
Julian wrote:
>............... If you read the top of the '97, it
>states SPECIFICALLY: "CERTIFICATE TO OBTAIN TITLE TO A MOTOR VEHICLE".
>It also states that all spaces must be filled in. I would naturally assume
>this means correctly and typing in "UNK" would not qualify.
You are assuming incorrectly here. UNK does indeed qualify. The
reason that all spaces must be filled in is so that the purchaser cannot
put information on the form. If the year was just left blank someone could
put in 1999 and try to sell it off as a new truck to some rube or put 1965
to be able to get antique plates for it. If the DRMO does not know the
year or number it is correct to put UNK on the form.
> If it is a
>trailer, what would it hurt to guess?
What would it hurt? How about a lawsuit? If the DRMO guesses on the
year of mfg. and puts down say, 1972 then later the purchaser finds out
that this vehicle was actually a 1965 he could file a lawsuit against the
DRMO and possibly the individual who made the guess. They said it was a
1975 when he bought it and now he finds out that they sold it to him under
false pretences. He could sue as it was not what the DRMO said it was. This
HAS happened in the past right at my local DRMO. Also, remember that some
M35 trucks have been rebuilt or upgraded to newer specs making ID of the
item difficult.
> It is up to the DRMO chief to see
>that it is filled in correctly and it is a legal OBLIGATION for them to fill
>it out correctly.
Well, now you have argued yourself into a corner. IF the DRMO does
not know the exact year of the vehicle then it is absolutely CORRECT to
put in UNK or unknown for the year. To put any other data in this space
would be incorrect. To guess the year would be incorrect and unlawful.
Remember, these trucks were not bought by a model year but by
contracts. The Govt. was not concerned with the date it was made and that
is why most of the later ones do not have the date stamped on the data
plate. Even something as old as the M422-A1 Mighty Mites had data plates
without the year stamped on them.
> If they legally sold it, then it is up to them to give
>good title to it.
No, they do NOT give you a title. You get a form to apply for a
title. Actually, the form 97 is a glorified sales receipt. Some sales do
not issue a form 97 at all! I just bought a CUCV Blazer like this.
> This is standard procedure and a snotty DRMO agent
>doesn't cut it and snotty DRMO agents can be put into their place too! A 97
>is a Federal legal document with your name on it and if obtained legally, it
>is your specific right to have it filled out correctly.
OK, if they guess, then the form is not correct, but if they fill
it out correctly like you are saying with UNK listed ....then you want them
to guess at the year which is NOT correct. If they do what you want and
guess then it would be falsifying a Govt. document! Seems like a catch 22.
> What is the point
>or good of it if it cannot be used for its' intended purpose? A regular
>lawyer should get them straightened out but I would call Battle Creek, Mi.
>and the DRMO chief there will or should get it corrected or solved. I want
>to know the outcome of this scenario. Standing up for what few rights we do
>have.......
The bottom line here is........ Most DRMO bid catalogs list the year
of the vehicle if known. If you bid on (and win) a truck that the
description stated the year was unknown, then you went into this with prior
knowledge that the year was UNKNOWN. One should not be surprised when the
Form 97 states UNK for the year. They TOLD you that before you bid on the
item. In fact, you signed a contract with the government when you signed
the bid. You bid X amount of dollars for one, year unknown, 2 1/2 ton
truck and that's what you got!
Now, I know that it's hard to title a vehicle with a unknown year.
Most DMV computers have the info on VIN numbers for many vehicles and may
be able to tell the year for yours. If not, then by all means contact DRMO
in Battle Creek and see if they can help you. I would advise against
yelling and screaming about the "right" of spaces on govt. forms and see
instead if they can help you out. They actually may not be able to give a
year for these trucks. Remember, they just sell these things. They go by
whatever the unit that turns it in put down on the turn-in sheet. It may
take some phone calls to TACOM in Warren, Mi. to see if they can sort this
out using the contract data. I have purchased several vehicles from my
local DRMO and have found them willing to work with me to get a year on the
form. Usually, I just tell them that I've researched these trucks and this
is a 1967 or what ever and they type it in the space. Your local DRMO
may not be so accommodating.........
Jim
----------------------------------------------------------------------------
James T. Gilmore
2565 Wiethoff, Inkster Michigan 48141
313-5618826 (Voice)
313-730-1652 (Fax)
jgilmore@oeonline.com
----------------------------------------------------------------------------
This archive was generated by hypermail 2b29 : Wed Nov 01 2000 - 21:37:40 PST