2012 Kentucky Revised Statutes CHAPTER 186A AUTOMATED MOTOR VEHICLE REGISTRATION SYSTEM 186A.170 Duties of Department of Vehicle Regulation in processing title applications. (Effective until January 1, 2014)
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186A.170 Duties of Department of Vehicle Regulation in processing title
applications. (Effective until January 1, 2014)
(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.
(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;
(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)
The documents supporting an owner's application shall be examined as to
authenticity and to determine if fraudulent alteration has occurred;
(c) Assure 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;
(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.
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: July 15, 2010
History: 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.
186A.170 Duties of Department of Vehicle Regulation in processing title
applications. (Effective January 1, 2014)
(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
(5)
(6)
(7)
(8)
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) 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
(9)
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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