2014 Kentucky Revised Statutes CHAPTER 186A - AUTOMATED MOTOR VEHICLE REGISTRATION SYSTEM 186A.170 Duties of Department of Vehicle Regulation in processing title applications.
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186A.170
Duties of Department of Vehicle Regulation in processing title
applications.
(1)
(2)
(3)
(4)
The Department of Vehicle Regulation shall:
(a) Within five (5) working days following receipt by it of an application for a
certificate of title in proper form, process the application and its supporting
documents in the manner provided in this section, and unless it finds
discrepancies with respect to it or its supporting documents, issue a
certificate of title in the name of the owner and send it postpaid to such
owner; and
(b) Within twenty-four (24) hours following electronic notification by a county
clerk's office of an application for a certificate of title, issue a speed title
which shall be held for pickup or returned to the owner by mail. The clerk
shall take the application for title and process the appropriate paperwork
as provided for in this chapter. The department may provide, by
administrative regulation, for exceptions to the speed title procedure.
Upon receiving an application packet from a county clerk, the application
receipt clerk of the Department of Vehicle Regulation shall:
(a) Cause the date and time of receipt to be stamped on both the
department's copy and the acknowledgment copy of the application
transmittal record and accompanying documents;
(b) Cause at least duplicate sets of images to be made of each transmittal
record application and supporting document by a means that will provide
rapid, selective, automated retrieval of individual document images by
appropriate indexing methods or keys; and
(c) Compare the application transmittal record with the documents
accompanying it and, if all applications shown upon the record are
accompanying the record, endorse the department's copy of the
transmittal record and the acknowledgment copy, and forward the
acknowledgment copy to the clerk who issued it.
In the event there is a discrepancy between the application transmittal record
and the application attached to it, the Department of Vehicle Regulation shall
note the discrepancy upon the department's copy and the acknowledgment
copy, and shall promptly contact the issuing clerk and resolve the discrepancy.
After resolving the discrepancy, the department shall note the nature of the
disposition of the discrepancy and endorse the respective copies and forward
the acknowledgment copy with the discrepancy disposition noted thereon to
the issuing clerk.
After executing the acknowledgment of receipt of applications, the Department
of Vehicle Regulation shall carry out the following action with respect to each
application:
(a) Examine the owner's application for legibility and proper execution,
presence of required information, including required supporting
documents, and the presence of required signatures. The Department of
Vehicle Regulation shall ensure also that the required supporting
documents are consistent in pertinent part with the information shown on
the owner's application;
(b)
(5)
(6)
(7)
(8)
(9)
The documents supporting an owner's application shall be examined as
to authenticity and to determine if fraudulent alteration has occurred;
(c) Ensure that the vehicle identification number of the subject vehicle is
apparently legitimate;
(d) Ensure that the vehicle identification number and any other appropriate
information with respect to a vehicle for which a certificate of title has
been applied for is compared against the National Crime Information
Center (NCIC) computerized listings of vehicles reported stolen, unless
NCIC is not operational and the department has official notification that it
is not expected to be operational within four (4) working days following the
day on which an application for a certificate of title is received by it; and
(e) Compare the computer-produced certificate of title for consistency with
the owner's application and supporting documents.
When the title application has been completed, and the application examiner at
each significant stage has indicated, by placing his unique symbol upon the
application in the space provided thereon, that an application has passed the
required examinations, the application shall be examined by a title examination
certifier.
The title application certifier shall ensure that each application has received the
required examinations as indicated by the presence of each required
examiner's symbol. Upon satisfying himself that an application has passed the
required examinations, the title examination certifier shall place his unique
symbol together with the date upon the application.
The Department of Vehicle Regulation shall withhold issuance of a title, until its
questions are resolved to its satisfaction, when it finds material discrepancies
or has information giving probable cause to believe:
(a) That an applicant is not the lawful owner of a vehicle for which he seeks a
title;
(b) His application is not in order;
(c) The documentation supporting an application is insufficient or fraudulent;
(d) The vehicle has an illegitimate vehicle identification number;
(e) The vehicle is stolen; or
(f) That the computer-produced certificate of title is not consistent with the
owner's application.
In the case of multiple owners, the Department of Vehicle Regulation shall
require only two (2) primary owners' names to be printed on the certificate of
title. Upon submission of the title application, if more than two (2) owners are
listed, the primary owners shall be determined by the title applicants. In such
instances, the certificate of the title shall note that there are more than two (2)
owners. The names of all title applicants shall be documented in AVIS.
When the Department of Vehicle Regulation finds that a certificate of title
should be issued for a vehicle, the endorsement of the commissioner of the
Department of Vehicle Regulation shall be engrossed upon the certificate of
title following a preprinted statement which shall read: I certify that the
Department of Vehicle Regulation has exercised due diligence in examining an
application for a certificate of title for the above-described vehicle, and to the
best of our knowledge and belief, the applicant whose name appears above is
the lawful owner of the apparently legitimate vehicle described herein.
--------------- (signature), commissioner, Department of Vehicle Regulation,
Kentucky Transportation Cabinet.
Effective:January 1, 2014
History: Amended 2012 Ky. Acts ch. 113, sec. 2, effective January 1, 2014. -Amended 2010 Ky. Acts ch. 61, sec. 2, effective July 15, 2010. -- Amended
1996 Ky. Acts ch. 35, sec. 4, effective July 15, 1996. -- Created 1982 Ky. Acts
ch. 164, sec. 31, effective July 15, 1982.
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