KRS 190.010: Definitions for chapter.

As used in this chapter:

(1) "Adapted vehicle" means a new or used motor vehicle especially designed or modified for use by an aging or disabled person;

(2) "Automobile, vehicle, or machinery recycler" means any place where five (5) or more junked, wrecked, or nonoperative automobiles , vehicles, machines and other similar scrap or salvage materials, excluding inoperative farm equipment, are deposited, parked, placed, or otherwise located, or any business where ten (10) or more junked, wrecked, or nonoperative automobiles, vehicles, mac hines, and other similar scrap or salvage materials are deposited, parked, placed, or otherwise located;

(3) "Automotive mobility dealer" means any motor vehicle dealer who:

(a) Exclusively engages in the business of selling, offering to sell, or solicitin g 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 incidental thereto; or

(c) Engages in the business of:

1. Selling, installing, or servicing;

2. Offering to sell, install, or service; or

3. Soliciting or advertising the sale, installation, or servicing of; mobility equipment or other modifications specifically designed to facilitate the use or operation of a motor vehicle by an aging or disabled person;

(4) "Business" means any person engaged as an automobile dealer, body shop operator, wrecker service opera tor, service station operator, or other activity that may buy, sell, or repair nonoperative vehicles, automobiles, or machinery as a service;

(5) "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 condition as established in administrative regulations promulgated by the commission pursuant to KRS 190.032;

(6) "Commission" means the Motor Vehicle Commission;

(7) "Commissioner" means the commissioner of the department;

(8) "Department" means the Department of Vehicle Regulation;

(9) "Designated family member":

(a) Means the spouse, child, grandchild, parent, brother, or sister of a dealer who:

1. In the case of a deceased dealer: a. Is entitled to i nherit the dealer's ownership interest in the dealership under the terms of the dealer's will; b. Has otherwise been designated in writing by a deceased dealer to succeed him or her in the motor vehicle dealership; or c. Under the laws of intestate succes sion of this state is entitled to inherit the interest; or

2. In the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property; and

(b) Includes the appointed and qualified personal representative and testamentary trustee of a deceased dealer;

(10) "Established place of business" means a permanent, enclosed commercial building located within this state, easily accessible and open to the public at all reasonable times, and at which the business of a vehicle dealer, including the display and repair of vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning, and other land use regulatory ordinances;

(11) "Franchise" means the agreement or contract betwe en any new motor vehicle manufacturer, written or otherwise, and any new motor vehicle dealer that purports to fix the legal rights and liabilities of the parties to an agreement or contract, and pursuant to which the dealer purchases and resells the franc hise product, along with any addendums to the franchise agreement;

(12) "Fraud" means:

(a) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact;

(b) A promise or representation not made in good faith; or

(c) An intentional failure to disclose material fact;

(13) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing, as defined and interpreted in KRS 355.1-201(2)(u);

(14) "Licensor" means the commission;

(15) "Manufacturer":

(a) Means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new motor vehicles, or imports for distribution through distributors of new motor vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer; and

(b) Includes the following terms, as defined:

1. "Distributor" means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers, or who maintains factory representatives, or who controls any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new motor vehicle to new motor vehicle dealers;

2. "Distributor branch" means a branch office maintained by a distributor or wholesaler similarly to a factory branch and for the same purposes;

3. "Distributor representative" means a representative employed by a distributor, distributor branch, or wholesaler similarly to a factory representative;

4. "Factory branch" means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, new motor vehicles to a distributor, wholesaler, or new motor vehicle dealer, or for directing or supervising, in whole or in part, facto ry or distributor representatives, and includes any sales promotion organization, whether the same be a person, firm, or corporation, which is engaged in promoting the sale of new motor vehicles in this state of a particular brand or make to new motor vehicle dealers; and

5. "Factory representative" means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting for the sale of his or her, its, or their new motor vehicles, or for supervising or contra cting with his or her, its, or their dealers, or prospective dealers;

(16) "Material recycler" means any establishment or place of business, including garbage dumps and sanitary fills, maintained, operated, or used for storing, keeping, buying, or selling of old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or motor vehicle parts, iron, steel, and other old or scrap ferrous or nonferrous material;

(17) "Mobility equipment" means equipment specifically designed to facilitate the use or operation of a motor vehicle by an aging or disabled person;

(18) "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 with pedals an d with a step through type frame rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, a nd the capability of a maximum speed of not more than thirty (30) miles per hour;

(19) "Motor vehicle":

(a) Means every vehicle intended primarily for use and operation on the public highways that is self-propelled, including low-speed motor vehicles as defined in KRS 186.010; and

(b) Does not include any recreational vehicle or farm tractor or other machines and tools used in the production, harvesting, or care of farm products;

(20) "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 motor vehicle through auction;

(21) "Motor vehicle dealer":

(a) Means any person engaged in the business of selling, offering to sell, soliciting, or advertisi ng the same, of new or used motor vehicles, or possessing motor vehicles for the purpose of resale, either on his or her own account, or on behalf of another, either as his or her primary business or incidental thereto; and

(b) Does not include:

1. Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court, and any bank, trust company, or lending institution that is subject to state or federal regulation, with regard to its dis position of repossessed motor vehicles;

2. Public officers while performing their official duties; or

3. Employees of persons enumerated in subparagraphs 1. and 2. of this paragraph, when engaged in the specific performance of their duties as employees;

(22) "Motor vehicle leasing dealer":

(a) Means any person engaged in the business of regularly making available, offering to make available, or arranging for another person to use a motor vehicle pursuant to a bailment, lease, or other contractual arrangemen t under which a charge is made for its use at a periodic rate for at least a monthly term, and title to the motor vehicle is in a person other than the user; and

(b) Does not mean a manufacturer or its affiliate leasing to its employees or to dealers;

(23) "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 by a motor vehicle auction dealer to sell motor vehicles at auction;

(24) "Motorcycle dealer" means a motor vehicle dealer who exclusively sells, offers to sell, solicits, or advertises motorcycles, including alternative-speed motorcycles and autocycles as those terms are defined in KRS 186.010. As used in this subsection,

"motorcycles" does not include mopeds;

(25) "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 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 original title has not been issued from the franchised dealer;

(26) "New motor vehicle dealer" means a vehicle dealer who holds a valid sales and

service agreement, franchise, or contract, granted by the manufacturer, distributor,

or wholesaler for the sale of the manufacturer's new motor vehicles;

(27) "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,

displaying, repairing, and servicing motor vehicles;

(28) "New recreational vehicle dealer" has the same meaning as in KRS 190A.010;

(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

vehicles that it may offer for purchase to clients and other individuals who meet the

definition of client and who are referred to the organization by public or private

social service agencies;

(30) "Operator" means a person, firm, or corporation operating an automobile, v ehicle,

or machinery recycler, or material recycler establishment or place of business, or

the allowing of such automobile, vehicle, or machinery recycler, or material

recycler establishment or place of business to be placed or deposited, or to remain

on premises owned or controlled by such person, firm, or corporation;

(31) "Person" means any individual, firm, agency, company, association, partnership,

business trust, trust, estate, joint stock company, body politic, corporation, or other

legal entity;

(32) "Recreational vehicle" means a vehicle that:

(a) Is primarily designed as temporary living quarters for noncommercial

recreation or camping use;

(b) Has its own motive power or is towed by another vehicle;

(c) Is regulated by the National Highway Traffic Safety Administration as a

vehicle; and

(d) Does not require a special highway use permit;

(33) "Restricted motor vehicle dealer" means:

(a) A motor vehicle dealer who exclusively sells, offers to sell, solicits, or

advertises specialized motor vehicles, including but not limited to funeral

coaches and emergency vehicles; or

(b) An automotive recycling dealer engaged in the business of dismantling,

salvaging, or recycling salvage motor vehicles for the purpose of harvesting

used parts, components, assemblies, and recyclable materials for resale, reuse,

or reclamation;

(34) "Road" means any county, state, federal, or limited access highway or turnpike,

including bridges and bridge approaches;

(35) "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. A gift or delivery of any motor

vehicle or franchise with respect thereto, with or as a bonus on account of the sale

of anything, shall be deemed a sale of the motor vehicle or franchise; and

(36) "Used motor vehicle dealer":

(a) Means any person engaged in the business of selling at retail, displaying,

offering for sale, or dealing in used motor vehicles or autocycles as defined in

KRS 186.010; and

(b) Does not mean:

1. Any perso n engaged in the business of dismantling, salvaging, or

rebuilding motor vehicles by means of using used parts who does not

have a used motor vehicle dealer license; or

2. Any public officer performing his or her official duties.