Kentucky Statutes 186A.170 – Duties of Department of Vehicle Regulation in processing title applications
Current as of: 2024 | Check for updates
|
Other versions
(1) 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 forty-eight (48) 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. Subject to the limitations outlined in paragraph (c) of this subsection, the department may provide by administrative regulation for exceptions to the speed title procedure; and
(c) Not exempt vehicles with salvage and rebuilt titles from the speed title procedures, but may extend the processing time on salvage and rebuilt title applications for which the documentation is complete and accurate for up to:
1. Fifteen (15) business days for rebuilt vehicles that have been branded as unrebuildable in another state under KRS § 186A.530(5) and (6); and
2. Five (5) business days for all other salvage and rebuilt vehicles.
(2) 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.
(3) 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.
(4) 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) 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.
(5) When the title application has been completed, and the application examiner at each significant stage has indicated, by placing his or her 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.
(6) 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 or herself that an application has passed the required examinations, the title examination certifier shall place his or her unique symbol together with the date upon the application.
(7) 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 or she seeks a title;
(b) His or her 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.
(8) 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.
(9) 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: June 29, 2023
History: Amended 2023 Ky. Acts ch. 5, sec. 1, effective June 29, 2023. — Amended
2017 Ky. Acts ch. 148, sec. 1, effective June 29, 2017. — 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.
(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;
Terms Used In Kentucky Statutes 186A.170
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 186A.005
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Within forty-eight (48) 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. Subject to the limitations outlined in paragraph (c) of this subsection, the department may provide by administrative regulation for exceptions to the speed title procedure; and
(c) Not exempt vehicles with salvage and rebuilt titles from the speed title procedures, but may extend the processing time on salvage and rebuilt title applications for which the documentation is complete and accurate for up to:
1. Fifteen (15) business days for rebuilt vehicles that have been branded as unrebuildable in another state under KRS § 186A.530(5) and (6); and
2. Five (5) business days for all other salvage and rebuilt vehicles.
(2) 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.
(3) 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.
(4) 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) 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.
(5) When the title application has been completed, and the application examiner at each significant stage has indicated, by placing his or her 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.
(6) 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 or herself that an application has passed the required examinations, the title examination certifier shall place his or her unique symbol together with the date upon the application.
(7) 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 or she seeks a title;
(b) His or her 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.
(8) 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.
(9) 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: June 29, 2023
History: Amended 2023 Ky. Acts ch. 5, sec. 1, effective June 29, 2023. — Amended
2017 Ky. Acts ch. 148, sec. 1, effective June 29, 2017. — 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.