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Ch. 14
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676
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LAWS OF MARYLAND
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purpose of requiring identification numbers on
applications for certificate {sic} of title
for certain motorcycles" (emphasis added); the
Act apparently was intended as an antitheft
measure, with the implicit purpose of
indirectly requiring manufacturers to provide
identification numbers on all motorcycle
engines manufactured after 1976 for
motorcycles to be titled in this State.
However, its amendment to present §3-104 was
drafted incorrectly in a way that would
"require" this information only "so far as"
the information exists; as so drafted, the
section fails to accomplish the purpose
intended by the 1976 Act. This revision,
therefore, is made to correct that error and
give effect to that Act.
In subsection (b)(3)(ii) of this section, the
phrase "and order of priority" is added to
conform to the provisions of §13-107 of this
subtitle, which require each certificate of
title to list security interests "in the order
of their priority as shown on the
application." Adding the phrase here also
conforms this section to its Uniform Vehicle
Code counterpart, UVC §3-104.
In subsection (c) (2) of this section, the
words "business firm" and "association" are
added to conform to the counterpart provisions
in subsection (b)(1)(ii).
The only other changes are in style.
The Commission notes that present Art. 66 1/2,
§3-104(a)(3) - revised as subsection (b) (3) of
this section — calls for a statement in the
application of all "security interests, liens,
or encumbrances." However, under present Art.
66 1/2, §3-107(a)(3) - now §13-107 (a) (3) of
this subtitle — the certificate of title
itself lists only "lienholders" or, as
revised, "secured parties": i.e., persons with
a "security interest" in the vehicle (see, §§
11-155 and 11-157 of this article).
Similarly, present Art. 66 1/2, §3-109 (a) -
now §13—109(a) of this subtitle - authorizes
the Administration to withhold a certificate
if it is not satisfied that "every security
interest in {the vehicle} has been disclosed";
no mention is made of the "liens ... or other
encumbrances" referred to in this section.
Also, Subtitle 2 of this title relates only to
"security interests" and, in §13-201,
effectively excludes other liens or
encumbrances.
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