Title XVI, Motor Vehicles
8 chapters · 518 sections in this title.
KRS § 190A.020 Motor Vehicle Commission's licensure and supervision of recreational vehicle dealers and manufacturers -- Additional statutory requirements for new recreational vehicle dealers
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vehicle dealers and manufacturers -- Additional statutory requirements for new recreational vehicle dealers. (1) The Motor Vehicle Commission shall, under administrative regulations promulgated by it, issue the licenses provided for by KRS 190.010 to 190.080 to recreational vehic…
KRS § 190.020 Commission to issue licenses and supervise licensees
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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.
KRS § 190A.030 Conditions applicable to area of sales responsibility of a new recreational vehicle dealer included in an agreement between a new recreational vehicle manufacturer and a dealer -- Prohibition against sales activity outside of designated area -- Exception
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vehicle dealer included in an agreement between a new recreational vehicle manufacturer and a dealer -- Prohibition against sales activity outside of designated area -- Exception. (1) The following conditions shall apply to the area of sales responsibility of a new recreational v…
KRS § 190.030 License requirement -- Application for license -- Time within which license 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
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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…
KRS § 190.031 Automotive mobility dealers -- License and regulation requirements
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(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…
KRS § 190.032 Nonprofit motor vehicle dealers -- License and regulation requirements
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(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…
KRS § 190.033 Insurance or bond required of licensees -- Exemption
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(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 …
KRS § 190.035 Established place of business and sufficient space required for licensure by commission as motor vehicle dealer or new recreational vehicle dealer -- Exemption
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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…
KRS § 190.037 Temporary permits
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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 …
KRS § 190.038 Manufacturer to provide information on service or repairs of its motor vehicles
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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…
KRS § 190.040 Grounds for denial, suspension, or revocation of license -- Notice of denial of application for license -- Hearings -- Inspection of licensee's records -- Appeals from order of commission
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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…
KRS § 190A.040 Recreational vehicle manufacturer may terminate or not renew a new recreational vehicle dealer's agreement with good cause -- Determination of good cause -- Notice of termination or nonrenewal of dealer agreement
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recreational vehicle dealer's agreement with good cause -- Determination of good cause -- Notice of termination or nonrenewal of dealer agreement. (1) A recreational vehicle manufacturer, directly or through any officer, agent, or employee, may terminate or not renew a new recrea…
KRS § 190.042 Succession to ownership of a new motor vehicle dealership of a deceased or incapacitated owner
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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…
KRS § 190.043 Refusal of manufacturer or distributor to honor succession
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(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…
KRS § 190.045 Cancellation, termination, refusal to renew franchise -- Notice -- Duty of manufacturer
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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…
KRS § 190.0451 New motor vehicle dealer license -- Prohibition against licensing new dealer after prior dealer's franchise has been revoked -- Exceptions -- Ten year duration of prohibition
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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…
KRS § 190.046 Compensation to dealer for work performed under warranty -- "Reasonable compensation" -- Submission, determination, and payment of dealer's claims -- Compensation to dealer for sponsored sales or service promotion events -- Audits -- Fraud
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"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…
KRS § 190.0461 Recall of vehicle -- Duty of manufacturer or distributor
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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…
KRS § 190.0462 Manufacturer's schedule of compensation to be paid to dealers for warranty service and repairs
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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…
KRS § 190.047 Transfer of motor vehicle sales franchise -- Proposal to establish additional dealership or to relocate existing dealership
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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…
KRS § 190.0491 "Delivery" defined -- Dealer's duties concerning vehicle damaged in transit -- Reversion of ownership -- Certification to consumer -- Failure of manufacturer to indemnify dealer
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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…
KRS § 190A.050 New recreational vehicle dealer may terminate a dealer agreement with recreational vehicle manufacturer with or without good cause -- Conditions applicable to termination -- Burden of showing good cause -- Notice -- Clear title required for inventory to be repurchased by manufacturer
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recreational vehicle manufacturer with or without good cause -- Conditions applicable to termination -- Burden of showing good cause -- Notice -- Clear title required for inventory to be repurchased by manufacturer. (1) A new recreational vehicle dealer may terminate a dealer agr…
KRS § 190.050 Local and general advisory committees, appointment of -- Duties
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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…
KRS § 190.053 Citation of suspected violators
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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 …
KRS § 190.057 Hearings -- Amendment of final order
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(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…
KRS § 190.058 Motor Vehicle Commission -- Membership -- Powers -- Motor Vehicle Commission fund -- Duties
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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 …
KRS § 190.059 Appeal from final order of commission
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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 § 190A.060 New recreational vehicle dealer not prohibited from selling remaining in-stock recreational vehicles after termination or nonrenewal of dealer agreement
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stock recreational vehicles after termination or nonrenewal of dealer agreement. The Motor Vehicle Commission shall not prohibit a new recreational vehicle dealer from selling the remaining in-stock recreational vehicles of a line-make subject to a dealer agreement after that dea…
KRS § 190.062 Action for damages -- Power of commission -- Applicability of chapter and KRS Chapter 190A -- Written demand for mediation required before civil action involving recreational vehicle franchise issues may be brought
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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…
KRS § 190.063 Records, public -- Continuation of licenses
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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…
KRS § 190.067 Department of Vehicle Regulation's authority to perform commission's duties upon failure or inability to perform
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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.
KRS § 190.070 Prohibited practices on the part of a manufacturer, distributor, factory branch, or factory representative
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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)…
KRS § 190A.070 Conditions applicable to proposed sale of business assets, stock transfer, or other transaction that will result in a change of ownership of a new recreational vehicle dealer except in cases of death, incapacity, or retirement of designated principal of dealer -- Conditions applicable to those cases
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or other transaction that will result in a change of ownership of a new recreational vehicle dealer except in cases of death, incapacity, or retirement of designated principal of dealer -- Conditions applicable to those cases. (1) All of the following conditions shall apply to a …
KRS § 190.071 Prohibited practices on part of new motor vehicle dealer
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(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…
KRS § 190.073 Regulations
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The commission shall promulgate appropriate and reasonable regulations for the purpose of carrying out the provisions of this chapter.
KRS § 190.075 Restraint of violations
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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 …
KRS § 190A.080 Obligations of warrantor of products sold by new recreational vehicle dealer -- Audits of dealer records -- Warranty claims submission -- Storage of defective warranty parts -- Notification of warrantor if dealer is unable to perform warranty repair -- Approval or disapproval of warranty claim
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dealer -- Audits of dealer records -- Warranty claims submission -- Storage of defective warranty parts -- Notification of warrantor if dealer is unable to perform warranty repair -- Approval or disapproval of warranty claim. (1) A warrantor has all the following obligations to e…
KRS § 190.080 Previous consumer-owner information provided upon request -- Written consent requirement
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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…
KRS § 190.085 Civic event license plate
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(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…
KRS § 190.090 Definitions for KRS 190.090 to 190.140
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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…
KRS § 190A.090 Warrantor's prohibited actions
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(1) As used in this section and KRS 190A.080: (a) "Products" means new recreational vehicles or parts, accessories, or components of new recreational vehicles; and (b) "Warranted products" means products subject to a written warranty to the consumer from a specific warrantor. (2)…
KRS § 190.100 Retail installment contract. (Effective until January 1, 2027)
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(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…
KRS § 190A.100 Recreational vehicle dealer's prohibited actions
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A recreational vehicle dealer shall not do any of the following: (1) Fail to perform any warranty service work authorized by a warrantor in a reasonably competent and timely manner if a transient customer requests service work on a recreational vehicle of a line-make that the dea…
KRS § 190.110 Finance charges -- Rates -- Computations
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(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…
KRS § 190A.110 Activities in violation of chapter
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Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of this chapter for: (1) A warrantor to fail to indemnify and hold harmless its new recreational vehicle dealer against any losses or damages to the extent that the losses or damages are caused by t…
KRS § 190A.120 Conditions applicable to new recreational vehicle damaged prior to delivery to dealer or in transit to dealer -- Inspection and rejection of recreational vehicles that are damaged or have unreasonable odometer mileage
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delivery to dealer or in transit to dealer -- Inspection and rejection of recreational vehicles that are damaged or have unreasonable odometer mileage. (1) All of the following conditions apply if a new recreational vehicle is damaged before it is shipped to a dealer, or is damag…
KRS § 190.120 Payment in full before maturity
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(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 …
KRS § 190.124 Statute of limitations on action for breach of retail installment contract
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(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…
KRS § 190A.130 Coercion of recreational vehicle dealer by manufacturer prohibited
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(1) As used in this section, the term "coerce" includes but is not limited to: (a) Threatening to terminate or not renew a dealer agreement without good cause; and (b) Threatening to withhold line-makes or other product lines the dealer is entitled to display and sell under the d…
KRS § 190.130 Extension, deferral or renewal -- When -- Service fee -- Additional charge
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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 …