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AN ACT relating to motor vehicles. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 186A.510 is amended to read as follows: 3
As used in KRS 186A.500 to 186A.550, unless the context otherwise requires: 4
(1) "Brand" means a designation that is affixed as required by this chapter, or that has 5
previously been affixed, to a motor vehicle title that establishes a portion of the 6
history of the motor vehicle and that shall be fixed to all subsequently issued titles 7
for that vehicle; 8
(2) "Classic motor vehicle project" means a motor vehicle that is: 9
(a) At least twenty-five (25) years old; 10
(b) Not in roadworthy condition; and 11
(c) Either currently in this state and not titled or being brought into this state with 12
a regular title from another state that does not denote it as "salvage," "junk," 13
"rebuilt," or any similar designation; 14
(3) "Dealer" means a person or business as defined in KRS 190.010 who sells or offers 15
for sale a motor vehicle; 16
(4) "Junk vehicle" means a vehicle which meets the description set forth in KRS 17
186A.295(1)(a); 18
(5) "Motor vehicle" means a motor vehicle as defined in KRS 186.010(8)(a) and (b); 19
(6) "Owner" means a person who holds the legal title of a vehicle or a person who 20
pursuant to a bona fide sale has received physical possession of the vehicle subject 21
to any applicable security interest; 22
(7) "Rebuilt vehicle" means a vehicle that has been repaired to a road worthy condition 23
after having been registered as a salvage vehicle pursuant to KRS 186A.520, or a 24
similar salvage designation from another licensing jurisdiction; 25
(8) "Roadworthy condition" means a vehicle in a safe condition to operate on the 26
highway and capable of transporting persons or property that complies fully with 27 UNOFFICIAL COPY 22 RS BR 1129
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the provisions of KRS Chapter 189 pertaining to vehicle equipment;[ and] 1
(9) "Water damage" means damage to a motor vehicle caused by submerging or 2
partially submerging the vehicle in water to the extent that the vehicle was 3
submerged or partially submerged at any water level above the dashboard of the 4
vehicle, regardless of the actual dollar amount of the damage; and 5
(10) "Salvage vehicle" means a motor vehicle which: 6
(a) Is ten (10) model years old or less, as determined by administrative 7
regulations promulgated by the cabinet pursuant to KRS Chapter 13A; and 8
(b) Has been wrecked, destroyed, or damaged, to the extent that the total 9
estimated or actual cost of parts and labor to rebuild or reconstruct the 10
vehicle to its preaccident condition and for legal operation on the roads or 11
highways, not including the cost of parts and labor to reinstall a deployed 12
airbag system, exceeds seventy-five percent (75%) of the retail value of the 13
vehicle, as set forth in a current edition of the National Automobile Dealers 14
Association price guide, subject to the following provisions: 15
1. The value of repair parts for purposes of this definition shall be 16
determined by using the current published retail cost of the parts 17
equal in kind and quality to the parts to be replaced or the actual retail 18
cost of the repair parts used in repair; 19
2. The labor costs of repairs for purposes of this section shall be 20
computed by using the hourly labor rate and time allocations which 21
are reasonable and customary in the automobile repair industry in the 22
community where the repairs are performed; and 23
3. Airbag reinstallation costs which are excluded from the seventy-five 24
percent (75%) computation as set forth in this paragraph shall be 25
included by an insurer in the computation of the total physical 26
damage estimate according to the terms and conditions of individual 27 UNOFFICIAL COPY 22 RS BR 1129
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policies, provided that the total costs payable by an insurer do not 1
exceed the total retail value of the vehicle. 2
Section 2. KRS 186A.520 is amended to read as follows: 3
(1) Except as provided in KRS 186A.555, a salvage title shall be obtained by the 4
owner of a motor vehicle that meets the[ following] definition of a salvage 5
vehicle as set forth in Section 1 of this Act[: 6
(a) A vehicle which has been wrecked, destroyed, or damaged, to the extent that 7
the total estimated or actual cost of parts and labor to rebuild or reconstruct 8
the vehicle to its preaccident condition and for legal operation on the roads or 9
highways, not including the cost of parts and labor to reinstall a deployed 10
airbag system, exceeds seventy-five percent (75%) of the retail value of the 11
vehicle, as set forth in a current edition of the National Automobile Dealer's 12
Association price guide. 13
(b) The value of repair parts for purposes of this definition shall be determined by 14
using the current published retail cost of the parts equal in kind and quality to 15
the parts to be replaced or the actual retail cost of the repair parts used in 16
repair. 17
(c) The labor costs of repairs for purposes of this section shall be computed by 18
using the hourly labor rate and time allocations which are reasonable and 19
customary in the automobile repair industry in the community where the 20
repairs are performed. 21
(d) Airbag reinstallation costs which are excluded from the seventy-five percent 22
(75%) computation as set forth in paragraph (a) of this subsection shall be 23
included by an insurer in the computation of the total physical damage 24
estimate according to the terms and conditions of individual policies, provided 25
that the total costs payable by an insurer do not exceed the total retail value of 26
the vehicle]. 27 UNOFFICIAL COPY 22 RS BR 1129
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(2) The owner or an authorized agent of a[ motor vehicle that meets the definition 1
of a] salvage vehicle as set forth in subsection (1) of this section shall, within 2
fifteen (15) days from the receipt of all necessary paperwork required by this 3
chapter, submit an application to the county clerk, on a form prescribed by the 4
Department of Vehicle Regulation, for a salvage title, accompanied by a 5
properly endorsed certificate of title and any lien satisfactions, if any appear, 6
as may be required. 7
(3) The county clerk shall retain a copy of each salvage title application received 8
and shall forward the original and its supporting documents to the Department 9
of Vehicle Regulation in a manner similar to that for handling of an 10
application for a title. 11
(4) The county clerk shall rely on the information provided by the owner or 12
authorized agent, including a county of residence designation, on: 13
(a) Any approved, notarized state form utilized in lien titling or the title transfer 14
process signed by the owner or authorized agent; and 15
(b) Any document submitted during the transfer of a salvage vehicle from an 16
owner to an insurer. 17
Reliance on the foregoing by the county clerk shall relieve the office of the 18
county clerk from liability to any third party claiming failure to comply with 19
this section. 20
(5) The Department of Vehicle Regulation shall process the salvage title 21
application in a manner similar to that used in processing a title application 22
and the salvage title shall be delivered in a like manner of a title. Salvage titles 23
shall be construed as proof of ownership of a vehicle in a state as to be 24
unusable upon the highways of the Commonwealth. A vehicle shall not be 25
issued a registration for highway use as long as a salvage title is in force. 26
(6) The only time a vehicle with a salvage title may be operated upon the 27 UNOFFICIAL COPY 22 RS BR 1129
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highways of the Commonwealth is when it is in route to or from an inspection 1
by the certified inspector prior to obtaining a certificate of title after having 2
been rebuilt as per KRS 186.115. 3
(7) Notwithstanding the provisions of KRS 369.103, when a salvage vehicle is 4
transferred from an owner to an insurer, the following shall be exempted from 5
the requirements of notarization, including exemption from the notarization of 6
electronic signature requirements of KRS Chapter 423: 7
(a) The transfer of ownership on the certificate of title; 8
(b) Any power of attorney required in connection with the transfer of ownership 9
to the insurer; 10
(c) Any required odometer disclosure statement; 11
(d) The application for a salvage certificate of title; and 12
(e) The transfer of ownership on the salvage certificate of title issued. 13
Section 3. KRS 186A.190 is amended to read as follows: 14
(1) Except as provided in subsection (6) of this section and in KRS 355.9-311(4), the 15
perfection of a security interest in any property for which has been issued a 16
Kentucky certificate of title shall be by notation on the certificate of title which shall 17
be deemed to have occurred when the provisions of subsection (3) of this section 18
have been complied with. Discharge of a security interest shall be by notation on the 19
certificate of title. Notation shall be made by the entry of information required by 20
subsection (9) of this section into the Automated Vehicle Information System. The 21
notation of the security interest on the certificate of title shall be in accordance with 22
this chapter and shall remain effective from the date on which the security interest is 23
noted on the certificate of title for a period of ten (10) years, or, in the case of a 24
manufactured home, for a period of thirty (30) years, or until discharged under this 25
chapter and KRS Chapter 186. The filing of a continuation statement within the six 26
(6) months preceding the expiration of the initial period of a notation's effectiveness 27 UNOFFICIAL COPY 22 RS BR 1129
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extends the expiration date for five (5) additional years, commencing on the day the 1
notation would have expired in the absence of the filing. Succeeding continuation 2
statements may be filed in the same manner to continue the effectiveness of the 3
initial notation. 4
(2) A motor vehicle dealer, a secured party or its representative, an assignee of a retail 5
installment contract lender, or a county clerk shall rely on a county of residence 6
designated by the debtor on any approved, notarized state form utilized in lien 7
titling or the title transfer process signed by the debtor. Reliance on the foregoing by 8
the motor vehicle dealer, secured parties, and county clerk shall relieve those 9
persons from liability to any third party claiming failure to comply with this section. 10
(3) Except as provided in subsection (6) of this section, the notation of security interests 11
relating to property required to be titled under this chapter in Kentucky through the 12
county clerk shall be done in the office of the county clerk of the county in which 13
the debtor resides as determined by subsections (2) and (4) of this section. The 14
security interest shall be deemed to be noted on the certificate of title and perfected, 15
or deemed perfected at the time the security interest attaches as provided in KRS 16
355.9-203, if in compliance with KRS 186A.195(5), when a title lien statement: 17
(a) Is received by the county clerk in the county in which residence of the debtor 18
resides as determined under the provisions of this section together with the 19
required fees, as designated by the debtor in the sworn statement; 20
(b) Describes the titled vehicle, or vehicle to be titled, by year, model, make, and 21
vehicle identification number; 22
(c) Provides the name of the secured party, or a representative of the secured 23
party, together with the additional information about the secured party 24
required by subsection (9) of this section with reasonable particularity; and 25
(d) Includes the date and time-stamped entry of the notation of the security 26
interest by the county clerk of the required information in the Automated 27 UNOFFICIAL COPY 22 RS BR 1129
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Vehicle Information System (AVIS), or its successor title processing system 1
maintained by the Division of Motor Vehicle Licensing of the Transportation 2
Cabinet. 3
(4) Except as provided in subsection (6) of this section, if the debtor is other than a 4
natural person, the following provisions govern the determination of the county of 5
the debtor's residence: 6
(a) A partnership shall be deemed a resident of the county in which its principal 7
place of business in this state is located. If the debtor does not have a place of 8
business in this state, then the debtor shall be deemed a nonresident for 9
purposes of filing in this state; 10
(b) A limited partnership organized under KRS Chapter 362 or as defined in KRS 11
362.2-102(14) shall be deemed a resident of the county in which its principal 12
place of business is located, as set forth in its certificate of limited partnership 13
or most recent amendment thereto filed pursuant to KRS Chapter 362 or 14
362.2-202. If such office is not located in this state, the debtor shall be 15
deemed a nonresident for purposes of filing in this state; 16
(c) A limited partnership not organized under the laws of this state and authorized 17
to do business in this state shall be deemed a resident of the county in which 18
the office of its process agent is located, as set forth in the designation or most 19
recent amendment thereto filed with the Secretary of State of the 20
Commonwealth of Kentucky; 21
(d) A corporation organized under KRS Chapter 271B, 273, or 274 or a limited 22
liability company organized under KRS Chapter 275 shall be deemed a 23
resident of the county in which its registered office is located, as set forth in 24
its most recent corporate filing with the Secretary of State which officially 25
designates its current registered office; 26
(e) A corporation not organized under the laws of this state, but authorized to 27 UNOFFICIAL COPY 22 RS BR 1129
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transact or do business in this state under KRS Chapter 271B, 273, or 274, or 1
a limited liability company not organized under the laws of this state, but 2
authorized to transact business in this state under KRS Chapter 275, shall be 3
deemed a resident of the county in which its registered office is located, as set 4
forth in its most recent filing with the Secretary of State which officially 5
designates its current registered office; 6
(f) A cooperative corporation or association organized under KRS Chapter 272 7
shall be deemed a resident of the county in which its principal business is 8
transacted, as set forth in its articles of incorporation or most recent 9
amendment thereto filed with the Secretary of State of the Commonwealth of 10
Kentucky; 11
(g) A cooperative corporation organized under KRS Chapter 279 shall be deemed 12
a resident of the county in which its principal office is located, as set forth in 13
its articles of incorporation or most recent amendment thereto filed with the 14
Secretary of State of the Commonwealth of Kentucky; 15
(h) A business trust organized under KRS Chapter 386 shall be deemed a resident 16
of the county in which its principal place of business is located, as evidenced 17
by the recordation of its declaration of trust in that county pursuant to KRS 18
Chapter 386; 19
(i) A credit union organized under Subtitle 6 of KRS Chapter 286 shall be 20
deemed a resident of the county in which its principal place of business is 21
located, as set forth in its articles of incorporation or most recent amendment 22
thereto filed with the Secretary of State of the Commonwealth of Kentucky; 23
and 24
(j) Any other organization defined in KRS 355.1-201 shall be deemed a resident 25
of the county in which its principal place of business in this state is located, 26
except that any limited liability company, limited liability partnership, limited 27 UNOFFICIAL COPY 22 RS BR 1129
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partnership, or corporation not organized under the laws of this state and not 1
authorized to transact or do business in this state shall be deemed a 2
nonresident for purposes of filing in this state. If the organization does not 3
have a place of business in this state, then it shall be deemed a nonresident for 4
purposes of filing in this state. 5
If the debtor does not reside in the Commonwealth, the notation of the security 6
interest shall be done in the office of the county clerk in which the property is 7
principally situated or operated. Notwithstanding the existence of any filed 8
financing statement under the provisions of KRS Chapter 355 relating to any 9
property registered or titled in Kentucky, the sole means of perfecting and 10
discharging a security interest in property for which a certificate of title is required 11
by this chapter is by notation on the property's certificate of title under the 12
provisions of this chapter or in accordance with the provisions of KRS 186.045(3). 13
In other respects the security interest is governed by the provisions of KRS Chapter 14
355. 15
(5) Except as provided in subsection (6) of this section, before ownership of property 16
subject to a lien evidenced by notation on the certificate of title may be transferred, 17
the transferor shall obtain the release of the prior liens in his name against the 18
property being transferred. Once a security interest has been noted on the owner's 19
title, a subsequent title shall not be issued by any county clerk free of the notation 20
unless the owner's title is presented to the clerk and it has been noted thereon that 21
the security interest has been discharged. If this requirement is met, information 22
relating to any security interest shown on the title as having been discharged may be 23
omitted from the title to be issued by the clerk. If information relating to the 24
discharge of a security interest is presented to a clerk under the provisions of KRS 25
186.045(3), the clerk shall discharge the security interest and remove the lien 26
information from AVIS. 27 UNOFFICIAL COPY 22 RS BR 1129
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(6) Notwithstanding subsections (1) to (5) of this section, a county clerk shall, 1
following inspection of the vehicle by the sheriff, to determine that the vehicle has 2
not been stolen, issue a new ownership document to a vehicle, clear of all prior 3
liens, to a person after he or she provides to the county clerk an affidavit devised by 4
the Transportation Cabinet and completed by the person. The ownership document 5
presented as a result of this affidavit shall be in accordance with subsection (7) of 6
this section. In the affidavit, the affiant shall attest that: 7
(a) The affiant or the agent of the affiant possesses the vehicle; 8
(b) Before he or she provided the notices required by paragraphs (c) and (d) of 9
this subsection: 10
1. A debt on the vehicle has been owed him or her for more than thirty (30) 11
days; 12
2. Within thirty (30) days of payment of damages by an insurance company 13
and receipt by the current owner of the motor vehicle or lienholder of 14
damages pursuant to a claim settlement which required transfer of the 15
vehicle to the insurance company, the insurance company has been 16
unable to obtain: 17
a. A properly endorsed certificate of title on the vehicle from the 18
current owner; and 19
b. If applicable, any lien satisfactions; or 20
3. a. The vehicle was voluntarily towed or transported pursuant to a 21
request of the current owner or an insurance company that a motor 22
vehicle dealer, licensed as a used motor vehicle dealer and motor 23
vehicle auction dealer, take possession of and store the motor 24
vehicle in the regular course of business; and 25
b. Within forty-five (45) days of taking possession of the motor 26
vehicle, the motor vehicle dealer has not been paid storage fees by 27 UNOFFICIAL COPY 22 RS BR 1129
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the current owner or lienholder and has not been provided both a 1
properly endorsed certificate of title and if applicable, any lien 2
satisfactions; 3
(c) More than thirty (30) days before presenting the affidavit to the county clerk, 4
the affiant attempted to notify the owner of the vehicle and all known 5
lienholders, including those noted on the title, by certified mail, return receipt 6
requested, or by a nationally recognized courier service, of his or her name, 7
address, and telephone number as well as his or her intention to obtain a new 8
title or salvage title, as applicable, clear of all prior liens, unless the owner or a 9
lienholder objects in writing; 10
(d) More than fourteen (14) days before presenting the affidavit to the county 11
clerk, the affiant had published a legal notice stating his or her intention to 12
obtain title to the vehicle. The legal notice appeared at least twice in a seven 13
(7) day period in a newspaper with circulation in the county. The legal notice 14
stated: 15
1. The affiant's name, address, and telephone number; 16
2. The owner's name; 17
3. The names of all known lienholders, including those noted on the title; 18
4. The vehicle's make, model, and year; and 19
5. The affiant's intention to obtain title to the vehicle unless the owner or a 20
lienholder objects in writing within fourteen (14) days after the last 21
publication of the legal notice; and 22
(e) Neither the owner nor a lienholder has objected in writing to the affiant's right 23
to obtain title to the vehicle. 24
(7) (a) If subsection (6)(b)1. of this section applies, the new ownership document 25
shall be a title. 26
(b) If subsection (6)(b)2. or 3. of this section applies, the new ownership 27 UNOFFICIAL COPY 22 RS BR 1129
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document shall be a salvage title if the vehicle meets the definition 1
of[requirements for] a salvage vehicle as set forth in Section 1 of this 2
Act[title as stated in KRS 186A.520(1)(a)]. 3
(c) If subsection (6)(b)2. or 3. of this section applies and the vehicle does not 4
meet the definition of[requirements for] a salvage vehicle as set forth in 5
Section 1 of this Act[title as stated in KRS 186A.520(1)(a)], the new 6
ownership document shall be a title. 7
(8) No more than two (2) active security interests may be noted upon a certificate of 8
title. 9
(9) In noting a security interest upon a certificate of title, the county clerk shall ensure 10
that the certificate of title bears the lienholder's name, mailing address and zip code, 11
the date the lien was noted, the notation number, and the county in which the 12
security interest was noted. The clerk shall obtain the information required by this 13
subsection for notation upon the certificate of title from the title lien statement 14
described in KRS 186A.195 to be provided to the county clerk by the secured party. 15
(10) For all the costs incurred in the notation and discharge of a security interest on the 16
certificate of title, the county clerk shall receive the fee prescribed by KRS 64.012. 17
The fee prescribed by this subsection shall be paid at the time of submittal of the 18
title lien statement described in KRS 186A.195. 19
(11) A copy of the application, certified by the county clerk, indicating the lien will be 20
noted on the certificate of title shall be forwarded to the lienholder. 21
Section 4. KRS 186A.530 is amended to read as follows: 22
(1) The owner of a motor vehicle that meets the definition of a salvage vehicle as set 23
forth in Section 1 of this Act[KRS 186A.520(1)] and has been issued a salvage 24
certificate of title in Kentucky, or the equivalent thereof by another licensing 25
jurisdiction, and has been rebuilt, may make application for a new certificate of title 26
pursuant to KRS 186.115. The Transportation Cabinet may promulgate 27 UNOFFICIAL COPY 22 RS BR 1129
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administrative regulations pursuant to KRS Chapter 13A governing the form of 1
application. 2
(2) Upon receipt of a salvage certificate of title issued pursuant to KRS 186A.520, or 3
similar title issued by another state if the title does not disqualify the vehicle from 4
being titled for use on the highway in that state, and proof of passing the inspection 5
required by KRS 186A.115, the cabinet shall issue a new certificate of title with the 6
words "rebuilt vehicle" printed on the face of the title. The brand shall be carried 7
forward and printed in the appropriate section on the face of all titles issued 8
thereafter for that motor vehicle. 9
(3) If ownership of a motor vehicle has been transferred to an insurance company 10
through payment of damages, the insurance company making the payment of 11
damages shall be deemed the owner of the vehicle. 12
(4) The owner of a water damaged vehicle shall make application to the cabinet for a 13
salvage certificate of title as provided for in KRS 186A.520. The owner of a vehicle 14
with a brand from another jurisdiction identifying the vehicle as water damaged or 15
other similar designation who is making application for a Kentucky title shall be 16
issued a title with the words "water damaged" printed on the face of the title. 17
(5) A Kentucky salvage certificate of title may be issued from an out-of-state junking 18
certificate or other ownership document bearing a designation of "junk," 19
"unrebuildable," or other similar classification that disqualifies the vehicle from 20
being titled for use on the highway in that state with the following provisions: 21
(a) The out-of-state junking certificate of title or other ownership certificate shall 22
be an original, secure document. 23
(b) The applicant shall submit a minimum of two (2) photographs of the motor 24
vehicle showing the damage to the motor vehicle. The photographs shall be 25
included in the application for a salvage certificate of title. 26
(c) The applicant shall submit a minimum of two (2) estimates of damage 27 UNOFFICIAL COPY 22 RS BR 1129
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verifying that the condition of the vehicle which has been issued the junking 1
certificate constitutes less than seventy-five percent (75%) of the retail value 2
of the vehicle, as set forth in a current edition of the National Auto Dealers' 3
Association N.A.D.A. price guide. 4
(d) A salvage title issued under this subsection shall be branded "SALVAGE." 5
The Transportation Cabinet shall use a unique method of identification to 6
differentiate a salvage title issued under this subsection from other salvage 7
titles. 8
(6) (a) Upon receipt of a salvage certificate of title issued pursuant to subsection (5) 9
of this section, or an out-of-state junking certificate or other ownership 10
document bearing a designation of "junk," "unrebuildable," or other similar 11
classification that disqualifies the vehicle from being titled for use on the 12
highway in that state, and proof of passing the inspection required by KRS 13
186A.115, the cabinet shall issue a new certificate of title with the words 14
"REBUILT VEHICLE" printed on the face of the title. The Transportation 15
Cabinet shall use a unique method of identification to differentiate a rebuilt 16
brand issued under this paragraph from other rebuilt brands. The brand shall 17
be carried forward and printed in the appropriate section on the face of all 18
titles issued thereafter for that motor vehicle. 19
(b) A person who obtains a rebuilt title under this subsection shall permanently 20
affix a plate of metallic composition within the opening for the driver's side 21
door which states "REBUILT VEHICLE - May Not Be Eligible For Title In 22
All States." 23
(7) (a) When an insurance company makes a claim settlement on a vehicle that has 24
been stolen and recovered, if the vehicle meets the definition of a salvage 25
vehicle as set forth in Section 1 of this Act[KRS 186A.520], the company 26
shall apply for a salvage certificate of title as provided for in KRS 186A.520. 27 UNOFFICIAL COPY 22 RS BR 1129
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Upon receipt of this information, the cabinet shall issue the company a 1
certificate of title to replace a salvage certificate of title. The cabinet shall 2
promulgate administrative regulations pursuant to KRS Chapter 13A 3
regarding the forms and any additional information which insurance 4
companies shall be required to obtain and submit when seeking a certificate of 5
title to replace a salvage certificate of title. 6
(b) In claim settlements that do not involve transfer of the vehicle to the insurance 7
company, an insurer shall not render payment on a damage claim for a vehicle 8
whose damage meets or exceeds seventy-five percent (75%) of the value of 9
the vehicle, until the insurer has received proof that the owner has surrendered 10
the title or has applied for a salvage certificate of title as set forth in KRS 11
186A.520. The owner shall apply for a salvage certificate of title within three 12
(3) working days of the agreed settlement. This subsection shall not apply to 13
hail-damaged vehicles under KRS 186A.555. 14
(c) An insurance company shall not refuse coverage to, and shall not reclassify 15
coverage of, a vehicle that has been issued a rebuilt title pursuant to the 16
provisions of this section. 17
(8) A motor vehicle owner or a motor vehicle dealer licensed in this state who offers 18
for sale, trade, or transfer a motor vehicle which carries a title brand, as set forth in 19
subsection (2) or (6) of this section, shall disclose the nature of the brand to any 20
prospective buyer or transferee, prior to the sale, and according to the following: 21
(a) Dealer disclosure shall be located on a sticker placed on the vehicle. The 22
sticker wording shall be printed in at least ten (10) point, bold face type, on a 23
background of obviously different color, and shall include the following: 24
"THIS IS A REBUILT VEHICLE." This disclosure information shall not 25
appear on vehicles that do not have a branded title. Dealer disclosure shall 26
also be located on a buyer's notification form to be approved by the 27 UNOFFICIAL COPY 22 RS BR 1129
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Transportation Cabinet. The form shall inform the buyer that the vehicle is a 1
rebuilt vehicle and may include any other information the cabinet deems 2
necessary. 3
(b) Nondealer disclosure shall be made in accordance with the procedures 4
provided for in KRS 186A.060. The Department of Vehicle Regulation shall 5
ensure that disclosure information appears near the beginning of the 6
application for title and informs the buyer that the vehicle is a rebuilt vehicle. 7
(9) Failure of a dealer to procure the buyer's acknowledgment signature on the buyer's 8
notification form or failure of any person other than a dealer to procure the buyer's 9
acknowledgment signature on the vehicle transaction record form shall render the 10
sale voidable at the election of the buyer. The election to render the sale voidable 11
shall be limited to forty-five (45) days after issuance of the title. This provision shall 12
not bar any other remedies otherwise available to the purchaser. 13
(10) The notification provisions of this section shall not apply to motor vehicles more 14
than ten (10) model years old. 15
(11) The Transportation Cabinet shall promulgate administrative regulations pursuant to 16
KRS Chapter 13A, regarding the administration of the title branding procedure. The 17
administrative regulations shall include the manner in which salvage titles and 18
rebuilt brands on vehicles previously declared unrebuildable by another state are 19
differentiated from other salvage titles and rebuilt brands. The administrative 20
regulations may include designation of additional brands which provide significant 21
information to the owner. 22