Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
235.040,
235.220
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
235.220 authorizes the department to
establish an annual registration fee for a manufacturers or dealer of
motorboats in the state of Kentucky. This administrative regulation establishes
the annual registration fee for boat manufacturers and dealers and establishes
the requirements for registering as a boat manufacturer and boat dealer.
Section 1. Definitions.
(1) "Boat dealer" means a person who is in
the business of selling motorboats in Kentucky, other than a personal
boat.
(2) "Boat manufacturer" means
a person who is in the business of manufacturing boats in Kentucky.
(3) "Dealer or manufacturer certificate"
means the certificate issued to a boat manufacturer or boat dealer that bears
an identification number assigned by the department signifying registration as
a boat manufacture or a boat dealer.
(4) "Plate" means a moveable identification
tag bearing a number assigned by the department signifying registration as a
boat manufacture or a boat dealer.
Section 2. Application.
(1) A person shall apply annually for a boat
manufacturer's or boat dealer's registration on an application provided by the
department or via the department's Internet site.
(2) A new application for annual registration
shall be submitted each year to the department. Boat manufacturer and dealer
certificates and plates shall expire April 30 of each year.
(3) Information to be provided on the
application shall include:
(a) Name, address,
and contact information;
(b)
Address of business;
(c) Number of
boats manufactured or sold in the year prior to application;
(d) Type of vessel manufactured or sold;
and
(e) Copy of the Sales and Use
Tax Permit issued by the Revenue Cabinet. If an applicant is using the Internet
to process his or her application, he shall insert the six (6) digit account
number issued by the Revenue Cabinet on the Sales and Use Tax Permit.
(4) A manufacturer shall include
on an application for annual registration the assigned U.S. Coast Guard
assigned manufacturers identification code.
(5) An applicant shall include a $100 annual
registration fee with his or her application.
(6) The registration provisions of this
section shall not apply to licensed out-of-state manufacturers and dealers who
are attending boat shows and other temporary exhibitions in Kentucky, provided
their home state grants Kentucky manufacturers and dealers similar reciprocal
privileges.
Section 3.
Certification and Plate.
(1) Boat
manufacturers and dealers shall place in a conspicuous location at his or her
place of business, the certificate issued by the department.
(2) The plate shall be kept aboard a boat and
readily available for inspection by a law enforcement officer. The boat shall
also abide by the registration requirements of
KRS
235.220.
Section 4. Revocation of Certificate and
Registration. A boat dealer or manufacturer shall forfeit his or her
registration certificate and plate if he or she has:
(1) Been convicted of a violation of KRS
Chapter 235;
(2) Falsified his or
her application for certification as a boat manufacturer or dealer;
or
(3) Misused his or her boat
dealer or manufacturer certification and plate.
Section 5. Incorporation by Reference.
(1) The Annual Application for Boat
Manufacturer or Boat Dealer Registration, 2003 edition, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Kentucky Department of Fish and Wildlife Resources, #1 Sportsman's Lane,
Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
235.220(1)
