186A.220 Requirements for motor vehicle dealer upon receipt of motor vehicle or
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/ky/186a-220A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
all-terrain vehicle.
(1)Except as otherwise provided in this chapter, when any motor vehicle dealer
licensed in this state buys or accepts a motor vehicle or all-terrain vehicle as defined
in KRS 189.010 in trade, which has been previously registered or titled for use in
this or another state, and which the dealer holds for resale, the dealer shall not be
required to obtain a certificate of title for it, but shall, within fifteen
(15)days after
acquiring such vehicle, notify the county clerk of the assignment of the motor
vehicle to his or her dealership and pay the required transferor fee.
(2)Upon purchasing a motor vehicle or all-terrain vehicle, or accepting it in trade, the
dealer shall obtain from the transferor, properly executed, all documents required
by KRS 186A.215, to include the odometer disclosure statement thereon, together
with a properly assigned certificate of title.
(3)The dealer shall execute the application for assignment upon documents designated
by the Department of Vehicle Regulation, to the county clerk of the county in
which the dealer maintains his or her principal place of business. The clerk shall
enter the assignment into AVIS.
(4)The dealer shall retain the properly assigned certificate of title received from the
transferor, and may make any reassignments on the title until the forms for dealer
assignment on the certificate of title are exhausted. The Department of Vehicle
Regulation may, if it deems it warranted, provide a special document to allow for
additional dealer assignments without requiring system generated documents.
(a)When a dealer assigns the vehicle to a purchaser for use, the dealer shall
deliver the properly assigned certificate of title, and other documents if
appropriate, to the purchaser, who shall make application for registration and
a certificate of title.
(b)The dealer may, with the consent of the purchaser, deliver the assigned
certificate of title, and other appropriate documents of a new or used vehicle,
directly to the county clerk, and on behalf of the purchaser, make application
for registration and a certificate of title. In so doing, the dealer shall require
from the purchaser proof of insurance as mandated by KRS 304.39-080 before
delivering possession of the vehicle.
(c)Notwithstanding the provisions of KRS 186.020, 186A.065, 186A.095,
186A.215, and 186A.300, if a dealer elects to deliver the title documents to
the county clerk and has not received a clear certificate of title from a prior
owner, the dealer shall retain the documents in his or her possession until the
certificate of title is obtained.
(d)When a dealer assigns a vehicle to a purchaser for use under paragraph
(a)of
this subsection, the transfer and delivery of the vehicle is effective
immediately upon the delivery of all necessary legal documents, or copies
thereof, including proof of insurance as mandated by KRS 304.39-080.
(6)The department may make available, upon proper application from a licensed motor
vehicle dealer, electronic means by which the dealer can interface directly with
AVIS and the department. If the department grants this access, all fees currently
required for the issuance of a certificate of title shall continue to be charged and
remitted to the appropriate parties as provided by statute.
(7)The Department of Vehicle Regulation shall ensure that AVIS is capable of
accepting instructions from the county clerk that a certificate of title shall not be
produced under a dealer registration situation.