While exploring acquiring the original MCO for a vehicle from the State of Michigan, the unequivocal answer is: No, the MCO will not be returned.
Once it is surrendered, that is it. All the phone techs for the SECRETARY OF STATE had no idea the legal implications of an MCO, or directed me to the Legal Department.
Of note, The phone technician said that a State Certificate of Title is a CONTINUATION of the original title. Another tech in Indiana said that they cannot delete the digital copies so they can be provided for former represented “owners”.
The flag of whether or not the digital copy is “active” or not comes from the National Motor Vehicle Title Information System. On the website itself, the NMVTIS system is run by the United States, Department of Justice.
So the Legal Department in the Secret/ary of State in Michigan is who to talk to about the Original MCO, and the title chain operators are the Department of Justice in the U.S. Each state has an “Application For Certificate of Title”, those are the organizations to speak with about the MCO and title chain. This title chain is the Motor Vehicle as a Foreign Motor Private Carrier.
In Indiana, their Application for Certificate of Title has some very interesting legal terms and STATUTE Code References:
The Customer signs this statement: “I/WE AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDANA DMV FROM ANY LIABILITY ARISING FROM THIS TRANSACTION”.
This is admittance that the Application For Certificate of Title is a business and accounting transaction separate from the purchase of the vehicle with the dealer ship. As all Federal Reserve Notes are Debt, thus an IOU, thus a LIABILITY turned on its head, the state is getting us to agree to not get anything in return for SURRENDERING the document that literally identifies the Vehicle on paper, the Original Manufacturer’s Certificate of Origin.
So why is the MCO “surrendered”? Well, 5 phone technicians stated that the MCO is surrendered to the State with the Application, and this term is also on the Indiana Application for Certificate of Title: “Supporting documents surrendered with this application cannot be returned to the applicant. * in accordance with Federal Code 383”
The MCO is the origin of the Corporate Title Chain run by NMVTIS in the U.S. Department of Justice. For the reason that it may be financialized, it cannot be returned, the bonding can only be chained.
According to 49 U.S. Code, §13905, Effective Periods of Registration, basically, all “PERSONS” (aka human beings acting as legal presences) motor vehicles are considered “registered” as foreign motor private carriers with and as required by the SHIP of STATE.
As Motor Carriers, then licensing, registration, insurance, etc, applies in 49 U.S.Code, §14504a – Unified Carrier Registration System plan and agreement.
Most importantly, 49 U.S.C., §13906 – Security of motor carriers, motor private carriers, brokers, and freight forwarders also applies, not because it is required…. simply because we willingly give the State Agency the MCO for title chaining as a motor carrier. The private aspect is irrelevant, in a way, due to willingly surrendering the title.
The Code of Federal Regulations has something to say about the Application for Certificate of Title. 49 C.F.R. Part 365, Subpart A – How To Apply for Operating Authority speaks about the process by which Motor Carriers are created… and most importantly terminated! The Motor Vehicle as a (registered foreign) Motor Private Carrier of the Driver’s License STATE Legal Presence is then in some ways applicable and relevant within 49 CFR Part 365 Subpart A.
Withdrawal of an APPLICATION FOR CERTIFICATE OF TITLE can be achieved by following 49 C.F.R. 365.123 – Applicant withdrawal: “If the applicant wishes to withdraw an application, it shall request dismissal in writing.”
This is a NOTICE process is not a request. This is to say, by statutory law, it cannot be denied nor rejected as it is not an application that can be refused.
Ensure that an Applicant Withdrawal includes the phrasing from 49 CFR 365.205 – Contents of the protest: “I, the undersigned, verify under penalty of perjury under laws of the United States of America, that the information above is true and correct. Further, I certify that I am qualified and authorized to file this protest. (See 18 U.S.C. 1001 and 18 U.S.C. 1621 for penalties.)
- Adding “By:” or “Signature By:” before your signature means that you are signing as a human being.
- Adding “Without Prejudice”, “Without Prejudice U.C.C. 1-308”, or “Under Duress” above your signature means that no consent is given to anything not on the paper signed; that is not willful, knowingly, and intentionally agreed to.
- Adding U.C.C. 3-419 above the signature means signing as a human being.
- Adding “All Rights Reserved” above the signature maintains all human rights, which cannot be removed by the legal system.
- Adding “Name: (name in italics upper case )” followed by a second line as “Authorized Representative By: ” means that you are signing as an authorized representative of the legal presence.
Lastly, according to the statutes, the Federal Motor Carrier Safety Administration (FMCSA) manages all motor carriers. Do they manage foreign and domestic motor private carriers?
We shall find out soon.