Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
186.115,
186A.170(1)(b),
186A.510-186A.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
186A.530 requires the Transportation Cabinet
to issue a certificate of title with a brand printed on the face of the title
if the vehicle has been rebuilt or has a branded certificate of title from
another jurisdiction.
KRS
186A.530(11) requires the
Transportation Cabinet to promulgate administrative regulations regarding the
administration of the title branding procedure, which requirements shall
provide for the manner in which salvage titles and rebuilt brands on vehicles
previously declared un-rebuildable by another state are differentiated from
other salvage titles and rebuilt brands. This administrative regulation
establishes the procedures for issuing the certificate of title and printing a
brand on the face of the motor vehicle title. The administrative regulation
also establishes the procedures for registration and titling of a rebuilt motor
vehicle that has been assembled from parts of wrecked or salvage motor
vehicles.
Section 1. Definition.
"Confidential inspection" means an inspection of a distinguishing number
assigned and permanently affixed to a vehicle or vehicle component, such as an
engine or transmission or other severable portion of a vehicle, and not readily
viewable by general observation.
Section
2. Application for a Kentucky Salvage Title.
(1) A Kentucky salvage title shall be issued
for a wrecked or damaged vehicle if the total estimated cost of repair exceeds
seventy-five (75) percent of the retail value of the vehicle.
(2) An applicant for a salvage title shall
submit an Application for Kentucky Certificate of Title or Registration, TC
Form 96-182, to the county clerk.
(3) If a vehicle with a salvage certificate
of title issued pursuant to
KRS
186A.520 is transferred within Kentucky or if
a vehicle with similar title from another jurisdiction is transferred into
Kentucky, the new certificate of title shall be another salvage certificate of
title until the owner of the motor vehicle has successfully gone through the
process established in Section 4 of this administrative regulation.
(4) An application for a certificate of title
shall be rejected by the Transportation Cabinet if there is a lien against the
vehicle recorded in the Automated Vehicle Information System or Kentucky
Automated Vehicle Information System.
(5) An application for a salvage or rebuilt
title shall not be processed through "speed title" as established in
KRS
186A.170(1)(b).
Section 3. Vehicles from Other
Jurisdictions.
(1) If the owner of a motor
vehicle with a title from another jurisdiction applies for a Kentucky motor
vehicle title, or a title and registration, the county clerk receiving the
application shall enter the following information relating to brands into the
Automated Vehicle Information System or Kentucky Automated Vehicle Information
System:
(a) If the brand on a foreign motor
vehicle title relates to prior damage to and repair of a motor vehicle, the
Kentucky title, if issued, shall bear the notation "rebuilt vehicle".
(b) If a vehicle title bears both a "rebuilt"
brand and a "water damaged" brand as established in
KRS
186A.530(4), the Kentucky
title shall bear the notation "rebuilt vehicle water damaged".
(2) If a vehicle certificate of
title bears a brand relating to the previous usage of the motor vehicle but not
to damage to the motor vehicle, the Kentucky certificate of title shall not be
branded.
Section 4.
Application for Title of Rebuilt Motor Vehicle.
(1) An owner of a motor vehicle that has been
assembled from parts of wrecked or salvaged vehicles may apply for registration
and title. If the owner applies for registration and title, the motor vehicle
shall comply with the equipment and safety requirements of KRS Chapter
189.
(2) An application for
registration and title of a motor vehicle that has been assembled from parts of
wrecked or salvaged motor vehicles shall be accompanied by:
(a) A completed Application for Kentucky
Certificate of Title and Registration, TC Form 96-182;
(b) A completed Affidavit of Motor Vehicle
Assembled from Wrecked or Salvaged Motor Vehicles, TC Form 96-215;
(c) An address where the motor vehicle may be
examined;
(d) An assigned
certificate of title; or
(e) A
notarized affidavit that explains the ownership of the vehicle including:
1. Length of time the vehicle was owned by
the current owner, which shall be a minimum of five (5) years;
2. Where and from whom the vehicle was
purchased;
3. When and where the
vehicle was last registered or licensed; and
4. A statement that there are no liens
against the vehicle;
(f)
A descriptive, notarized labor statement of repairs made and parts
replaced;
(g) An original receipt
for each part purchased. Multiple parts may be listed on one (1) receipt. The
receipt shall include:
1. Seller's
name;
2. Seller's
address;
3. Seller's telephone
number;
4. Date of part
purchase;
5. Price and serial
number of part purchased; and
6.
a. Vehicle identification number of vehicle
from which the part was taken; or
b.
A written comprehensive explanation of the reason why the part does not have a
serial number;
(h) If the motor vehicle is a motorcycle, a
pencil tracing or picture of the motor identification number and frame
identification number of the rebuilt motorcycle and the motorcycle from which
parts were obtained;
(i)
1. The license plate from the motor vehicle
even if the plate has expired; or
2. A statement of why there is no longer a
license plate for the rebuilt motor vehicle;
(j)
1. A
separate federal odometer disclosure statement if unavailable on either the
Application for Title or Registration or the back of the certificate of title.
An Odometer Disclosure Statement, TC Form 96-5 may be used; and
2. A title issued pursuant to
KRS
186A.530(2) bearing the
notation "rebuilt vehicle".
Section 5. Insurance Companies.
(1) If an insurance company becomes the
lawful owner of a stolen motor vehicle, the insurance company shall make
application in the name of the company for a regular title.
(2) If the motor vehicle is subsequently
recovered and damage to the motor vehicle meets the requirements of a salvage
vehicle as established in
KRS
186A.520, the insurance company shall make an
application for a salvage certificate of title.
(3) If an insurance company has been issued a
salvage certificate of title for a vehicle recovered in a theft, but the motor
vehicle does not meet the requirements for a salvage vehicle established in
KRS
186A.520, an insurance company may apply for
a regular certificate of title.
(4)
An insurance company shall apply for title by using Application for Kentucky
Certificate of Title or Registration, TC Form 96-182. The application shall
include:
(a) The assigned certificate of
title; and
(b) Verification on the
company letterhead that the motor vehicle is a theft recovery and a description
of the damage to the motor vehicle.
Section 6. Additional Information.
(1) The Transportation Cabinet shall require
a confidential inspection of a rebuilt motor vehicle by the Kentucky State
Police if:
(a) The documentation required by
Section 4 of this administrative regulation is not available; or
(b) A check of the National Crime Information
Center identifies the motor vehicle as stolen and a check of the Vehicle
Identification Number Analysis, "VINA," identifies the motor vehicle as having
a nonconforming vehicle identification number.
(2) If the repair documentation submitted in
accordance with the requirements of Section 4 of this administrative regulation
is less than seventy-five (75) percent of the value of the motor vehicle, the
Transportation Cabinet shall require a:
(a)
Written statement from the insurance company of the damage done to the motor
vehicle; or
(b) Salvage pool
receipt that describes the damage to the motor vehicle.
Section 7. Mistakenly Issued
Brands.
(1) If a certificate of title is
branded due to an error by the county clerk or the Department of Vehicle
Regulation, an application for an updated or corrected title shall be submitted
to the county clerk as established in
KRS
186A.180.
(2) An application for an updated or
corrected certificate of title shall consist of the following documents:
(a) An Application for Kentucky Certificate
of Title or Registration, TC Form 96-182;
(b) The certificate of title; and
(c) An affidavit from the owner or a
statement from the county clerk which that describes the nature of the
error.
Section
8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Kentucky
Certificate of Title or Registration", TC Form 96-182, November,
2012;
(b) "Affidavit of Motor
Vehicle Assembled from Wrecked or Salvaged Motor Vehicles", TC Form 96-215,
May, 2013; and
(c) "Odometer
Disclosure Statement", TC Form 96-5, May, 2013.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Transportation Cabinet
Building, Division of Motor Vehicle Licensing, 200 Mero Street, Frankfort,
Kentucky 40622, or on the cabinet's web site at mvl.ky.gov. This material may
also be obtained at the office of a Kentucky county clerk.
STATUTORY AUTHORITY:
KRS
186A.530(11),
186A.550