Title XVI, Motor Vehicles

As used in this chapter: (1) "Adapted vehicle" means a new or used motor vehicle especially designed or modified for use by an aging or disabled person; (2) "Automobile, vehicle, or machinery recycler" means any place where five (5) or more junked, wrecked, or nonoperative automo…

The Legislature finds and declares that the distribution and sale of vehicles within this state vitally affects the general economy of the state and the public interest and the public welfare, and that in order to promote the public interest and public welfare, and in the exercis…

The commission shall, under administrative regulations promulgated by it, issue the licenses provided for by KRS 190.010 to 190.080 and shall have supervision over the licensees thereunder in respect to all the provisions of KRS 190.010 to 190.080.

to be granted or refused -- Licenses to be displayed -- Administrative regulations establishing fees -- Temporary sale or display -- Bond -- Reports by motor vehicle dealer and new recreational dealer. (1) (a) Except as provided in paragraph (b) of this subsection, a motor vehicl…

(1) Any person, prior to engaging or continuing in the business of an automotive mobility dealer after June 26, 2007, shall obtain an automotive mobility dealer license from the commission. (2) (a) An automotive mobility dealer shall be licensed and regulated by the commission un…

(1) A nonprofit organization, prior to engaging in the business of a nonprofit motor vehicle dealer, shall obtain a nonprofit motor vehicle dealer license from the commission. (2) A nonprofit motor vehicle dealer and persons who act as salespersons for a nonprofit motor vehicle d…

(1) Except as provided in subsection (4) of this section, a motor vehicle dealer's license, new recreational vehicle dealer's license, motor vehicle auction dealer's license, or wholesaler's license shall not be issued or renewed unless the applicant or holder of the license has …

commission as motor vehicle dealer or new recreational vehicle dealer -- Exemption. (1) (a) Except as provided in subsection (2) of this section, a license shall not be issued by the commission for the purposes described in KRS 190.030(1) and to motor vehicle dealers or new recre…

Where application for any license provided for herein has been made, a temporary permit may be granted to the applicant to engage in the business for which the license is sought. The temporary permit shall be valid until such time as the application is approved or denied, but in …

vehicles. (1) Any manufacturer of motor vehicles licensed in accordance with KRS 190.030 shall provide to any person upon request and at reasonable cost, any schematic, manual or any other technical documentation needed to service or repair motor vehicles manufactured by the manu…

of application for license -- Hearings -- Inspection of licensee's records -- Appeals from order of commission. (1) A license may be denied, suspended, or revoked on the following grounds: (a) Proof of financial or moral unfitness of applicant; (b) Material misstatement in applic…

incapacitated owner. (1) Any owner of a new motor vehicle dealership may appoint by will, or any other written instrument, a designated family member to succeed in the ownership interest of the said owner in the new motor vehicle dealership. (2) Manufacturers shall permit an owne…

(1) If a manufacturer or distributor believes that good cause exists for refusing to honor the succession to the ownership of a new motor vehicle dealership by a family member of a deceased or incapacitated owner of a new motor vehicle dealership under the existing franchise agre…

manufacturer. (1) Notwithstanding the terms, provisions, or conditions of any franchise or notwithstanding the terms or provisions of any waiver, a manufacturer shall not cancel, terminate, or fail to renew any franchise with a licensed new motor vehicle dealer unless the manufac…

dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year duration of prohibition. (1) Except as provided in subsections (2) and (3) of this section, if a dealer licensed under this chapter has its franchise revoked by the manufacturer on or after January 1…

"Reasonable compensation" -- Submission, determination, and payment of dealer's claims -- Compensation to dealer for sponsored sales or service promotion events -- Audits -- Fraud. (1) Notwithstanding the terms of any franchise agreement, each motor vehicle manufacturer or distri…

In the event a manufacturer or distributor recalls any of its products, the manufacturer or distributor must include within the written notice thereof to vehicle owners and dealers the expected date by which necessary parts and equipment will be available for the correction of th…

warranty service and repairs. Included within the application for a license to engage in business within this state as a manufacturer of motor vehicles must be a schedule specifying the compensation to be paid the manufacturer's dealers for parts, work and service in connection w…

dealership or to relocate existing dealership. (1) Unless a franchise specifically states to the contrary, no franchise or any interest in a franchise may be sold, transferred, or assigned without the approval of the manufacturer or distributor. (2) A dealer desiring to sell, tra…

transit -- Reversion of ownership -- Certification to consumer -- Failure of manufacturer to indemnify dealer. (1) "Delivery" of a motor vehicle to a dealer by a manufacturer or distributor for the purposes of this section shall be accomplished by the: (a) Tender of the motor veh…

The licensor may appoint annually one (1) or more local advisory committees and one (1) general advisory committee, each consisting of not more than nine (9) members. The committees upon request of the licensor may advise and assist the licensor in the administration of this sect…

If a licensee is found to be violating any of the provisions of this chapter, or any administrative regulation promulgated by the commission pursuant thereto, or is found to be permitting any of its salesmen to violate any of the provisions of this chapter, or any administrative …

(1) Hearings under this chapter shall be conducted in accordance with KRS Chapter 13B. (2) A final order may be withdrawn, set aside, or amended, if action is taken between the date of the rendition of the final order and the expiration of the time for appeal or until an appeal h…

Commission fund -- Duties. (1) The Motor Vehicle Commission is hereby created as an agency of the Commonwealth to carry out the functions and duties conferred upon it by this section. (2) The commission shall consist of twelve (12) members, eleven (11) of whom shall be appointed …

The final order of the commission granting or refusing to grant an application for a license, or to suspend or revoke a license may be appealed by an aggrieved party to the Circuit Court of Franklin County in accordance with KRS Chapter 13B. Nothing in this section shall be const…

KRS Chapter 190A -- Written demand for mediation required before civil action involving recreational vehicle franchise issues may be brought. (1) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, or the terms or provisions of any waiver, any pers…

All records of the commission, including those maintained by the department for its account, shall be public records. All persons holding any license which is authorized by this chapter, as of June 16, 1966, shall have the right to continue to hold, maintain, and renew such licen…

duties upon failure or inability to perform. If the commission fails to perform or is unable to perform any of its official duties within the time prescribed in this chapter, the department may perform these duties.

branch, or factory representative. (1) It shall be a violation of this section for any manufacturer, distributor, factory branch, or factory representative licensed under this chapter, either directly or indirectly, to require any new motor vehicle dealer in the Commonwealth: (a)…

(1) It shall be a violation of this section for any new motor vehicle dealer: (a) To require the purchaser of a motor vehicle as a condition of sale and delivery, to also purchase special features, appliances, accessories, or equipment not desired or requested by the purchaser, u…

The commission shall promulgate appropriate and reasonable regulations for the purpose of carrying out the provisions of this chapter.

At the instance of the commission, the department or of any person having any interest in the subject matter, the courts of this state may enjoin any person from violating any of the provisions of this chapter, or any order, rule, regulation or requirement of the commission. The …

consent requirement. (1) As used in this section, "previous consumer-owner" means the last owner of the vehicle who could reasonably be expected to have operated the used car for personal, family, household, or business purposes, but does not include an owner who possessed the ve…

(1) A vehicle which has been donated or loaned by a licensed motor vehicle dealer for use in a civic event may be operated during preparation for and during the civic event with a civic event license plate. (2) Application for approval of the use of a civic event license plate sh…

As used in KRS 190.090 to 190.140, unless the context or subject matter otherwise requires: (1) "Person" means an individual, partnership, corporation, association, and any other group however organized; (2) "Retail installment sale" means any sale for other than agricultural, bu…

(1) (a) Every retail installment contract shall: 1. Be in writing in at least eight (8) point type; 2. Contain all the agreements of the parties; 3. Be signed by the retail buyer; and 4. Require a copy thereof to be furnished to the retail buyer at the time of the execution of th…

(1) The finance charge allowed by this subsection may be precomputed by using an add-on method. If the finance charge in a retail installment sale is precomputed it shall not exceed the following rates: Class 1. Any new or used motor vehicle designated by the manufacturer by a ye…

(1) If the finance charge applicable to the retail installment contract has been determined by a precomputed method, the retail buyer may pay in full at any time before the stated maturity date and upon such prepayment in full the retail buyer shall receive a refund of a portion …

(1) The holder of a retail installment contract shall commence an action against the retail buyer to recover monetary damages or other relief for breach of the retail installment contract within the earlier of the following: (a) Four (4) years after the maturity date of the retai…

The holder of a retail installment contract may, upon agreement with the retail buyer, extend the scheduled due date, defer the scheduled payment of all or part of any installment payment or payments, or renew the balance of such contract. In any such case the holder may restate …

KRS 190.090 to 190.140 may be cited as "The Motor Vehicle Retail Installment Sales Act."

As used in KRS 190.270 to 190.320: (1) "Odometer" means an instrument for measuring and recording the actual distance a motor vehicle or motor home as defined in KRS 190A.010 travels while in operation; but shall not include any auxiliary odometer designed to be reset by the oper…

(1) It is unlawful for any person to advertise for sale, to sell, to use, or to install or to have installed, any device which causes an odometer to register any mileage other than the true mileage driven. For purposes of this section, the true mileage driven is that mileage the …

No person shall conspire with any other person to violate the provisions of KRS 190.260 to 190.320.

Nothing in KRS 190.260 to 190.320 shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same before the service, repair, or replacement. Where the odometer is incapable of registering the same mileage as before such s…

(1) Any transferor must give a written disclosure to the transferee in connection with the transfer of ownership of a motor vehicle or motor home: (a) Disclosing the cumulative mileage registered on the odometer. (b) Disclosure that the actual mileage is unknown, if the odometer …

(1) Any person who, with intent to defraud, violates any requirement imposed under KRS 190.270 to 190.320 shall be liable to the transferee in an amount equal to the sum of: (a) Three (3) times the amount of actual damages sustained or fifteen hundred dollars ($1,500), whichever …

Compliance with KRS 190.300 shall be effected by use of forms prescribed by 15 U.S.C. secs. 1981 et seq.

A person shall not operate or cause to be operated any automobile, vehicle, or machinery recycler, or material recycler establishment or place of business which is situated closer than one thousand (1,000) feet from the right-of-way line of any road unless a license for the opera…

An automobile, vehicle, or machinery recycler establishment or place of business, or material recycler establishment or place of business which complies as a conforming use in an industrially zoned area under the applicable zoning ordinances and regulations of any county or city,…