190.010 Definitions for chapter.
Download pdf
Loading PDF...
<![CDATA[190.010 Definitions for chapter. As used in this chapter: <br>(1) "Manufacturer" means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new motor vehicles, <br>or imports for distribution through distributors of new motor vehicles, or any <br>partnership, firm, association, joint venture, corporation, or trust, resident or <br>nonresident, which is controlled by the manufacturer. Additionally, the term <br>"manufacturer" shall include the following terms: <br>(a) "Distributor" which means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or <br>distributes any new motor vehicle to new motor vehicle dealers, or who <br>maintains factory representatives, or who controls any person, firm, <br>association, corporation, or trust, resident or nonresident, who in whole or in <br>part offers for sale, sells, or distributes any new motor vehicle to new motor <br>vehicle dealers; (b) "Factory branch" which means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, new motor vehicles to a <br>distributor, wholesaler, or new motor vehicle dealer, or for directing or <br>supervising, in whole or in part, factory or distributor representatives, and <br>shall further include any sales promotion organization, whether the same be a <br>person, firm, or corporation, which is engaged in promoting the sale of new <br>motor vehicles in this state of a particular brand or make to new motor vehicle <br>dealers; (c) "Factory representative" which means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or <br>promoting for the sale of his, its, or their new motor vehicles, or for <br>supervising or contracting with his, its, or their dealers, or prospective dealers; (d) "Distributor branch" which means a branch office similarly maintained by a distributor or wholesaler for the same purposes; and (e) "Distributor representative" which means a representative similarly employed by a distributor, distributor branch, or wholesaler; (2) "Motor vehicle dealer" means any person not excluded by subsection (3) of this section, engaged in the business of selling, offering to sell, soliciting, or advertising <br>the same, of new or used motor vehicles, or possessing motor vehicles for the <br>purpose of resale, either on his own account, or on behalf of another, either as his <br>primary business or incidental thereto; (3) The term "motor vehicle dealer" shall not include: (a) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court, and any bank, <br>trust company, or lending institution that is subject to state or federal <br>regulation, with regard to its disposition of repossessed motor vehicles; (b) Public officers while performing their official duties; or (c) Employees of persons enumerated in paragraphs (a) and (b) of this subsection, when engaged in the specific performance of their duties as employees; (4) "New motor vehicle dealer" means a vehicle dealer who holds a valid sales and service agreement, franchise, or contract, granted by the manufacturer, distributor, <br>or wholesaler for the sale of the manufacturer's new motor vehicles; (5) "New motor vehicle dealership facility" means an established place of business which is being used or will be used primarily for the purpose of selling, buying, <br>displaying, repairing, and servicing motor vehicles; (6) "Used motor vehicle dealer" means any person engaged in the business of selling at retail, displaying, offering for sale, or dealing in used motor vehicles, but shall not <br>mean any person engaged in the business of dismantling, salvaging, or rebuilding <br>motor vehicles by means of using used parts, or any public officer performing his <br>official duties; (7) "Motor vehicle leasing dealer" means any person engaged in the business of regularly making available, offering to make available, or arranging for another <br>person to use a motor vehicle pursuant to a bailment, lease, or other contractual <br>arrangement under which a charge is made for its use at a periodic rate for at least a <br>monthly term, and title to the motor vehicle is in a person other than the user, but <br>shall not mean a manufacturer or its affiliate leasing to its employees or to dealers; (8) "Restricted motor vehicle dealer" means a motor vehicle dealer who exclusively sells, offers to sell, solicits, or advertises specialized motor vehicles including, but <br>not limited to, funeral coaches, emergency vehicles, and an automotive recycling <br>dealer engaged in the business of dismantling, salvaging, or recycling salvage motor <br>vehicles for the purpose of harvesting used parts, components, assemblies, and <br>recyclable materials for resale, reuse, or reclamation; (9) "Motorcycle dealer" means a motor vehicle dealer who exclusively sells, offers to sell, solicits, or advertises motorcycles, including alternative-speed motorcycles as <br>defined in KRS 186.010. Motorcycles shall not include mopeds as defined in this <br>section; (10) "Motor vehicle salesperson" means any person who is employed as a salesperson by a motor vehicle dealer to sell motor vehicles, or who is employed as an auctioneer <br>by a motor vehicle auction dealer to sell motor vehicles at auction; (11) "Motor vehicle auction dealer" means any person primarily engaged in the business of offering, negotiating, or attempting to negotiate a sale, purchase, or exchange of a <br>motor vehicle through auction; (12) "Motor vehicle" means every vehicle intended primarily for use and operation on the public highways that is self-propelled including low-speed motor vehicles as <br>defined in KRS 186.010, but shall not include farm tractors and other machines and <br>tools used in the production, harvesting, and care of farm products; (13) "New motor vehicle" means a vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold to the holders of a valid sales and service <br>agreement, franchise, or contract, granted by the manufacturer, distributor, or wholesaler for the sale of the make of new vehicle, which is new, and on which the <br>original title has not been issued from the franchised dealer; (14) "Moped" means a motorized bicycle with pedals whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank, or a motorized bicycle <br>with pedals and with a step through type frame rated no more than two (2) brake <br>horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an <br>automatic transmission not requiring clutching or shifting by the operator after the <br>drive system is engaged, and capable of a maximum speed of not more than thirty <br>(30) miles per hour; (15) "Commission" means the Motor Vehicle Commission; <br>(16) "Commissioner" means the commissioner of the department; <br>(17) "Department" means the Department of Vehicle Regulation; <br>(18) "Licensor" means the commission; <br>(19) "Established place of business" means a permanent, enclosed commercial building located within this state, easily accessible and open to the public at all reasonable <br>times, and at which the business of a vehicle dealer, including the display and repair <br>of vehicles, may be lawfully carried on in accordance with the terms of all <br>applicable building codes, zoning, and other land use regulatory ordinances; (20) "Person" means a person, partnership, firm, corporation, association, trust, estate, or other legal entity; (21) "Franchise" means the agreement or contract between any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer that purports <br>to fix the legal rights and liabilities of the parties to an agreement or contract, and <br>pursuant to which the dealer purchases and resells the franchise product; (22) "Good faith" means honesty in fact, and the observance of reasonable commercial standards of fair dealing in the trade, as is defined and interpreted in KRS 355.2-<br>103(1)(b); (23) "Designated family member" means the spouse, child, grandchild, parent, brother, or sister of a dealer who, in the case of a deceased dealer, is entitled to inherit the <br>dealer's ownership interest in the dealership under the terms of the dealer's will; or <br>who has otherwise been designated in writing by a deceased dealer to succeed him <br>in the motor vehicle dealership; or who, under the laws of intestate succession of <br>this state is entitled to inherit the interest; or who, in the case of an incapacitated <br>dealer, has been appointed by a court as the legal representative of the dealer's <br>property. The term includes the appointed and qualified personal representative and <br>testamentary trustee of a deceased dealer; (24) "Fraud" means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made in <br>good faith; or an intentional failure to disclose material fact; (25) "Sale" means the issuance, transfer, agreement for transfer, exchange, lease, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of <br>any motor vehicle or interest in it, or of any franchise related to it, as well as any <br>option, subscription, other contract, or solicitation looking to a sale, offer to attempt to sell in any form, whether spoken or written. A gift or delivery of any motor <br>vehicle or franchise with respect thereto, with or as a bonus on account of the sale <br>of anything, shall be deemed a sale of the motor vehicle or franchise; (26) "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; (b) Possesses adapted vehicles exclusively for the purpose of resale, either on his or her own account or on behalf of another, as his or her primary business or <br>incidental thereto; or (c) Engages in the business of selling, installing, or servicing; offering to sell, install, or service; or soliciting or advertising the sale, installation, or servicing <br>of equipment or modifications specifically designed to facilitate use or <br>operation of a motor vehicle by an aging or disabled person; (27) "Adapted vehicle" means a new or used motor vehicle especially designed or modified for use by an aging or disabled person; (28) "Mobility equipment" means equipment specifically designed to facilitate the use of a motor vehicle by an aging or disabled person; (29) "Nonprofit motor vehicle dealer" means a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that purchases motor <br>vehicles that it may offer for purchase to clients and other individuals who meet the <br>definition of client as defined in this section and who are referred to the <br>organization by public or private social service agencies; and (30) "Client" means a person who has an open case file with a nonprofit organization or governmental agency and who meets the standards for disability or disadvantaging <br>condition as established in administrative regulations promulgated by the <br>commission pursuant to KRS 190.032(4). Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 43, sec. 2, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 103, sec. 4, effective June 25, 2009. -- Amended 2007 Ky. Acts <br>ch. 125, sec. 1, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 23, sec. 1, <br>effective February 22, 2000. -- Amended 1998 Ky. Acts ch. 565, sec. 6, effective <br>July 15, 1998. -- Amended 1996 Ky. Acts ch. 111, sec. 1, effective July 15, 1996. -- <br>Amended 1994 Ky. Acts ch. 186, sec. 1, effective July 15, 1994. </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>