2012 Kentucky Revised Statutes CHAPTER 186 LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.190 Transfer of registration upon transfer of ownership -- Clerk's fee. (Effective until January 1, 2014)
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186.190 Transfer of registration upon transfer of ownership -- Clerk's
fee. (Effective until January 1, 2014)
(1)
(2)
(3)
(4)
(5)
(6)
When a motor vehicle that has been previously registered changes ownership, the
registration plate shall remain upon the motor vehicle as a part of it until the
expiration of the registration year.
A person shall not purchase, sell, or trade any motor vehicle without delivering to
the county clerk of the county in which the sale or trade is made the title, and a
notarized affidavit if required and available under KRS 138.450 attesting to the total
and actual consideration paid or to be paid for the motor vehicle. Any unexpired
registration shall remain valid upon transfer of the vehicle to the new owner. Except
for transactions handled by a motor vehicle dealer licensed pursuant to KRS
Chapter 190, the person who is purchasing the vehicle shall present proof of
insurance in compliance with KRS 304.39-080 to the county clerk before the clerk
transfers the registration on the vehicle. Proof of insurance shall be in the manner
prescribed in administrative regulations promulgated by the Department of
Insurance pursuant to KRS Chapter 13A. On and after January 1, 2006, if the motor
vehicle is a personal motor vehicle as defined in KRS 304.39-087, proof of
insurance shall be determined by the county clerk as provided in KRS 186A.042.
Upon delivery of the title, and a notarized affidavit if required and available under
KRS 138.450 attesting to the total and actual consideration paid or to be paid for the
motor vehicle to the county clerk of the county in which the sale or trade was made,
the seller shall pay to the county clerk a transfer fee of two dollars ($2), which shall
be remitted to the Transportation Cabinet. If an affidavit is required, and available,
the signatures on the affidavit shall be individually notarized before the county clerk
shall issue to the purchaser a transfer of registration bearing the same data and
information as contained on the original registration receipt, except the change in
name and address. The seller shall pay to the county clerk a fee of six dollars ($6)
for his services.
If the owner junks or otherwise renders a motor vehicle unfit for future use, he shall
deliver the registration plate and registration receipt to the county clerk of the
county in which the motor vehicle is junked. The county clerk shall return the plate
and motor vehicle registration receipt to the Transportation Cabinet. The owner
shall pay to the county clerk one dollar ($1) for his services.
A licensed motor vehicle dealer shall not be required to pay the transfer fee
provided by this section, but shall be required to pay the county clerk's fee provided
by this section.
The motor vehicle registration receipt issued by the clerk under this section shall
contain information required by the Department of Vehicle Regulation.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 235, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 255, sec. 9, effective January 1, 2007. -- Amended 2004 Ky. Acts
ch. 130, sec. 8, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 128, sec. 11,
effective July 15, 1998; and ch. 600, sec. 6, effective April 14, 1998. -- Amended
1994 Ky. Acts ch. 428, sec. 31, effective July 15, 1994; and ch. 504, sec. 1, effective
July 15, 1994. -- Amended 1984 Ky. Acts ch. 36, sec. 1, effective July 13, 1984. -Amended 1980 Ky. Acts ch. 296, sec. 4, effective July 15, 1980. -- Amended 1978
Ky. Acts ch. 239, sec. 13, effective June 17, 1978. -- Amended 1976 Ky. Acts
ch. 133, sec. 10, effective June 19, 1976. -- Amended 1974 Ky. Acts ch. 74, Art. IV,
sec. 20(2), (9); and ch. 222, sec. 3. -- Amended 1962 Ky. Acts ch. 62, sec. 11,
effective January 1, 1963. -- Amended 1960 Ky. Acts ch. 37, sec. 1. -- Amended
1958 Ky. Acts ch. 82, sec. 6, effective January 1, 1960; and ch. 95, sec. 1. -Amended 1942 Ky. Acts ch. 202, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 2739g-13.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 128 and 600. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 600, which was last enacted by
the General Assembly, prevails under KRS 446.250.
186.190 Change of registration upon transfer of ownership -- Permitted
registration plate transfers -- Clerk's fee. (Effective January 1, 2014)
(1)
(a)
(b)
(c)
(d)
Except as provided for in paragraph (e) of this subsection, when a motor
vehicle that has been previously registered changes ownership, the registration
plate shall not remain upon the motor vehicle, but shall be retained by the
seller and may be transferred to another vehicle owned or leased by the seller
in accordance with paragraph (b) or (c) of this subsection.
An individual who sells a motor vehicle which has a valid registration plate
may transfer that plate to another vehicle of the same classification at the time
the individual transfers the vehicle. If the individual does not have a vehicle to
transfer the plate to at the time the individual sells a vehicle, the individual
may hold the registration plate for the period of registration. At any time
during the period of registration, the individual shall notify the county clerk
and transfer the plate to a vehicle of the same classification that he or she has
obtained prior to operating that vehicle on a public highway. If the plate
transfer occurs in the final month in which the existing registration is still
valid, the individual shall be required to renew the registration on the newly
acquired vehicle.
An individual who trades in a motor vehicle with a valid registration plate
during the purchase of a motor vehicle from a licensed motor vehicle dealer
shall remove the plate from the vehicle offered in trade. A photocopy of the
valid certificate of registration shall be included with the application for title
and registration for the purchased vehicle, and the plate shall be retained by
the purchaser. The dealer shall equip the purchased vehicle with a temporary
tag in accordance with KRS 186A.100 before the buyer may operate it on the
highway. When the buyer receives a valid certificate of registration from the
county clerk, the buyer shall remove the temporary tag and affix the
registration plate to the vehicle.
All vehicle transfers and registration plate transfers shall be initiated within
the fifteen (15) day period established under KRS 186.020 and 186A.070.
(e)
(2)
(3)
(4)
(5)
(6)
This subsection shall not apply to transfers between motor vehicle dealers
licensed under KRS Chapter 190. A secured party who repossesses a vehicle
shall comply with KRS 186.045(6).
A person shall not purchase, sell, or trade any motor vehicle without delivering to
the county clerk of the county in which the sale or trade is made the title, and a
notarized affidavit if required and available under KRS 138.450 attesting to the total
and actual consideration paid or to be paid for the motor vehicle. Except for
transactions handled by a motor vehicle dealer licensed pursuant to KRS Chapter
190, the person who is purchasing the vehicle shall present proof of insurance in
compliance with KRS 304.39-080 to the county clerk before the clerk transfers the
registration on the vehicle. Proof of insurance shall be in the manner prescribed in
administrative regulations promulgated by the Department of Insurance pursuant to
KRS Chapter 13A. On and after January 1, 2006, if the motor vehicle is a personal
motor vehicle as defined in KRS 304.39-087, proof of insurance shall be
determined by the county clerk as provided in KRS 186A.042.
Upon delivery of the title, and a notarized affidavit if required and available under
KRS 138.450 attesting to the total and actual consideration paid or to be paid for the
motor vehicle to the county clerk of the county in which the sale or trade was made,
the seller shall pay to the county clerk a transfer fee of two dollars ($2), which shall
be remitted to the Transportation Cabinet. If an affidavit is required, and available,
the signatures on the affidavit shall be individually notarized before the county clerk
shall issue to the purchaser a transfer of registration bearing the same data and
information as contained on the original registration receipt, except the change in
name and address. The seller shall pay to the county clerk a fee of six dollars ($6)
for his services.
If the owner junks or otherwise renders a motor vehicle unfit for future use, he shall
deliver the registration plate and registration receipt to the county clerk of the
county in which the motor vehicle is junked. The county clerk shall return the plate
and motor vehicle registration receipt to the Transportation Cabinet. The owner
shall pay to the county clerk one dollar ($1) for his services.
A licensed motor vehicle dealer shall not be required to pay the transfer fee
provided by this section, but shall be required to pay the county clerk's fee provided
by this section.
The motor vehicle registration receipt issued by the clerk under this section shall
contain information required by the Department of Vehicle Regulation.
Effective: January 1, 2014
History: Amended 2011 Ky. Acts ch. 5, sec. 1, effective January 1, 2013. -- Amended
2010 Ky. Acts ch. 24, sec. 235, effective July 15, 2010. -- Amended 2006 Ky. Acts
ch. 255, sec. 9, effective January 1, 2007. -- Amended 2004 Ky. Acts ch. 130, sec. 8,
effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 128, sec. 11, effective July
15, 1998; and ch. 600, sec. 6, effective April 14, 1998. -- Amended 1994 Ky. Acts
ch. 428, sec. 31, effective July 15, 1994; and ch. 504, sec. 1, effective July 15, 1994.
-- Amended 1984 Ky. Acts ch. 36, sec. 1, effective July 13, 1984. -- Amended 1980
Ky. Acts ch. 296, sec. 4, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 239,
sec. 13, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 133, sec. 10,
effective June 19, 1976. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(2), (9);
and ch. 222, sec. 3. -- Amended 1962 Ky. Acts ch. 62, sec. 11, effective January 1,
1963. -- Amended 1960 Ky. Acts ch. 37, sec. 1. -- Amended 1958 Ky. Acts ch. 82,
sec. 6, effective January 1, 1960; and ch. 95, sec. 1. -- Amended 1942 Ky. Acts
ch. 202, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 2739g-13.
Legislative Research Commission Note (7/12/2012).The amendment of this statute in
2011 Ky. Acts ch. 5 was to be effective January 1, 2013, pursuant to Section 7 of that
Act. However, in 2012 Ky. Acts ch. 12, sec. 1, 2011 Ky. Acts ch. 5, sec. 7, was
repealed, and a new effective date of January 1, 2014, was established for the 2011
amendment of this statute, pursuant to 2012 Ky. Acts ch. 12, sec. 2.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 128 and 600. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 600, which was last enacted by
the General Assembly, prevails under KRS 446.250.
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