Kentucky Statutes 190.031 – Automotive mobility dealers — License and regulation requirements
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(1) Any person, prior to engaging or continuing in the business of an automotive mobility dealer after June 26, 2007, shall obtain an automotive mobility dealer license from the commission.
(2) (a) An automotive mobility dealer shall be licensed and regulated by the commission under the provisions of this chapter.
(b) The commission shall, by administrative regulations promulgated under KRS Chapter 13A, establish requirements for initial application for and renewal of a license to be an automotive mobility dealer. The commission’s regulations establishing requirements for automotive mobility dealers shall include provisions for automotive mobility dealers to meet reasonable and appropriate quality assurance requirements. These requirements may include:
1. Appropriate training by automotive mobility dealers regarding adapted vehicle usage;
2. Driver evaluation by automotive mobility dealers; and
3. A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission.
The commission shall have the power to promulgate any other regulations that are necessary to implement this section.
(c) The commission shall immediately suspend the license of an automotive mobility dealer if it determines that the dealer has sold or modified a vehicle that does not comply with this section or any administrative regulations promulgated thereunder. A dealer whose license is suspended under this paragraph shall be permitted to appeal the suspension in accordance with KRS Chapter 13B.
(3) A licensed automotive mobility dealer shall have the right to display, inventory, advertise, and offer for sale any adapted vehicle.
Effective: June 26, 2007
History: Created 2007 Ky. Acts ch. 125, sec. 2, effective June 26, 2007.
(2) (a) An automotive mobility dealer shall be licensed and regulated by the commission under the provisions of this chapter.
Terms Used In Kentucky Statutes 190.031
- Adapted vehicle: means a new or used motor vehicle especially designed or modified for use by an aging or disabled person. See Kentucky Statutes 190.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Automotive mobility dealer: means any motor vehicle dealer who:
(a) Exclusively engages in the business of selling, offering to sell, or soliciting or advertising the sale of adapted vehicles. See Kentucky Statutes 190.010 - Commission: means the Motor Vehicle Commission. See Kentucky Statutes 190.010
- Person: means a person, partnership, firm, corporation, association, trust, estate, or other legal entity. See Kentucky Statutes 190.010
- Sale: means the issuance, transfer, agreement for transfer, exchange, lease, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest in it, or of any franchise related to it, as well as any option, subscription, other contract, or solicitation looking to a sale, offer to attempt to sell in any form, whether spoken or written. See Kentucky Statutes 190.010
(b) The commission shall, by administrative regulations promulgated under KRS Chapter 13A, establish requirements for initial application for and renewal of a license to be an automotive mobility dealer. The commission’s regulations establishing requirements for automotive mobility dealers shall include provisions for automotive mobility dealers to meet reasonable and appropriate quality assurance requirements. These requirements may include:
1. Appropriate training by automotive mobility dealers regarding adapted vehicle usage;
2. Driver evaluation by automotive mobility dealers; and
3. A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission.
The commission shall have the power to promulgate any other regulations that are necessary to implement this section.
(c) The commission shall immediately suspend the license of an automotive mobility dealer if it determines that the dealer has sold or modified a vehicle that does not comply with this section or any administrative regulations promulgated thereunder. A dealer whose license is suspended under this paragraph shall be permitted to appeal the suspension in accordance with KRS Chapter 13B.
(3) A licensed automotive mobility dealer shall have the right to display, inventory, advertise, and offer for sale any adapted vehicle.
Effective: June 26, 2007
History: Created 2007 Ky. Acts ch. 125, sec. 2, effective June 26, 2007.