8-135. Transfer of ownership of vehicles; registration; fees and penalties; certificate of title, form, fee; assignment and reassignment; liens, statement of, release of, liability for failure to comp
8-135
8-135. Transfer of ownership of vehicles;
registration; fees and penalties; certificate of title, form, fee; assignment
and reassignment; liens, statement of, release of, liability for failure to
comply, notice of security interest, execution; purchase and sale of vehicle,
requirements; written consent by lienholder; transfer-on-death; reaffirmation
of sale; assignment of title form; electronic certificate of title;
reassignment forms; export title; rebuilt salvage vehicle.
(a) Upon the transfer of ownership of any vehicle registered under this act,
the registration of the vehicle and the right to use any license plate thereon
shall expire and thereafter there shall be no transfer of any registration, and
the license plate shall be removed by the owner thereof. Except as provided
in K.S.A. 8-172, and amendments thereto, and 8-1,147, and
amendments thereto, it shall be unlawful for any person, other than the person
to whom the license plate was originally issued, to have possession thereof.
When the ownership of a registered vehicle is transferred, the original owner
of the license plate may register another vehicle under the same number, upon
application and payment of a fee of $1.50, if such other vehicle does not
require a higher license fee. If a higher license fee is required, then the
transfer may be made upon the payment of the transfer fee of $1.50 and the
difference between the fee originally paid and that due for the new vehicle.
(b) Subject to the provisions of subsection (a) of K.S.A. 8-198, and
amendments thereto, upon the transfer or sale of any vehicle by any person or
dealer, or upon any transfer in accordance with K.S.A. 59-3511, and
amendments thereto, the new owner thereof, within 30 days, inclusive of
weekends and holidays, from date of such transfer shall make application to the
division for registration or reregistration of the vehicle, but no person shall
operate the vehicle on any highway in this state during the thirty-day period
without having applied for and obtained temporary registration from the county
treasurer or from a dealer. After the expiration of the thirty-day period, it
shall be unlawful for the owner or any other person to operate such vehicle
upon the highways of this state unless the vehicle has been registered as
provided in this act. For failure to make application for registration as
provided in this section, a penalty of $2 shall be added to other fees. When a
person has a current motorcycle or passenger vehicle registration and license
plate, including any registration decal affixed thereto, for a vehicle and has
sold or otherwise disposed of the vehicle and has acquired another motorcycle
or passenger vehicle and intends to transfer the registration and the license
plate to the motorcycle or passenger vehicle acquired, but has not yet had the
registration transferred in the office of the county treasurer, such person may
operate the motorcycle or passenger vehicle acquired for a period of not to
exceed 30 days by displaying the license plate on the rear of the vehicle
acquired. If the acquired vehicle is a new vehicle such person also must carry
the assigned certificate of title or manufacturer's statement of origin when
operating the acquired vehicle, except that a dealer may operate
such vehicle by displaying such dealer's dealer license plate.
(c) Certificate of title: No vehicle required to be registered shall be
registered or any license plate or registration decal issued therefor, unless
the applicant for registration shall present satisfactory evidence of ownership
and apply for an original certificate of title for such vehicle. The following
paragraphs of this subsection shall apply to the issuance of a certificate of
title for a nonhighway vehicle, salvage vehicle or rebuilt salvage
vehicle, as defined in K.S.A. 8-197, and amendments
thereto, except to the extent such paragraphs are made inapplicable by or are
inconsistent with K.S.A. 8-198, and amendments thereto, and to any
electronic certificate of title, except to the extent such paragraphs are made
inapplicable by or are inconsistent with K.S.A. 2009 Supp. 8-135d, and
amendments thereto, or with rules and regulations adopted pursuant to
K.S.A. 2009 Supp. 8-135d, and amendments thereto.
The provisions of paragraphs (1) through (14) shall apply to any certificate of
title issued prior to January 1, 2003, which indicates that there is a lien or
encumbrance on such vehicle.
(1) An application for certificate of title shall be made by the owner or the
owner's agent upon a form furnished by the division and shall state all liens
or encumbrances thereon, and such other information as the division may
require. Notwithstanding any other provision of this section, no certificate of
title shall be issued for a vehicle
having any
unreleased lien or encumbrance thereon, unless the transfer of such vehicle has
been consented to in writing by the holder of the lien or encumbrance. Such
consent shall be in a form approved by the division. In the case of members of
the armed forces of the United States while the United States is engaged at war
with any foreign nation and for a period of six months next following the
cessation of hostilities, such application may be signed by the owner's spouse,
parents, brother or sister. The county treasurer shall use reasonable diligence
in ascertaining whether the facts stated in such application are true, and if
satisfied that the applicant is the lawful owner of such vehicle, or otherwise
entitled to have the same registered in such applicant's name, shall so notify
the division, who shall issue an appropriate certificate of title. The
certificate of title shall be in a form approved by the division, and shall
contain a statement of any liens or encumbrances which the application shows,
and such other information as the division determines.
(2) The certificate of title shall contain upon the reverse side a
form for assignment of title to be executed by the owner. This
assignment shall contain a statement of all liens or encumbrances on the
vehicle at the time of assignment. The certificate of title shall also contain
on the reverse side blank spaces so that an abstract of mileage as to each
owner will be available. The seller at the time of each sale shall insert
and certify the mileage and the purchase price on the form filed
for application or reassignment of title, and the division shall insert such
mileage on the certificate of title when issued to purchaser or assignee. The
signature of the purchaser or assignee is required on the form filed for
application or reassignment of title, acknowledging the odometer and
purchase price certification made by the seller, except that vehicles which
are 10 model years or older and trucks with a gross vehicle weight of more than
16,000 pounds shall be exempt from the mileage acknowledgment requirement of
the purchaser or assignee. Such title shall indicate whether the vehicle for
which it is issued has been titled previously as a nonhighway vehicle or
salvage vehicle. In addition, the reverse side shall contain two forms for
reassignment by a dealer, stating the liens or encumbrances thereon. The first
form of
reassignment shall be used only when a dealer sells the vehicle to another
dealer. The second form of reassignment shall be used by a dealer when selling
the vehicle to another dealer or the ultimate owner of the vehicle. The
reassignment by a dealer shall be used only where the dealer resells the
vehicle, and during the time that the vehicle remains in the dealer's
possession for resale, the certificate of title shall be dormant. When the
ownership of any vehicle passes by operation of law, or repossession upon
default of a lease, security agreement, or executory sales contract, the person
owning such vehicle, upon furnishing satisfactory proof to the county treasurer
of such ownership, may procure a certificate of title to the vehicle. When a
vehicle is registered in another state and is repossessed in another state, the
owner of such vehicle shall not be entitled to obtain a valid Kansas title or
registration, except that when a vehicle is registered in another state, but is
financed originally by a financial institution chartered in the state of Kansas
or when a financial institution chartered in Kansas purchases a pool of motor
vehicle loans from the resolution trust corporation or a federal regulatory
agency, and the vehicle is repossessed in another state, such Kansas financial
institution shall be entitled to obtain a valid Kansas title or registration.
In addition to any other fee required for the issuance of a certificate of
title, any applicant obtaining a certificate of title for a repossessed vehicle
shall pay a fee of $3.
(3) Dealers shall execute, upon delivery to the purchaser of every new
vehicle, a manufacturer's statement of origin stating the liens and
encumbrances thereon. Such statement of origin shall be delivered to the
purchaser at the time of delivery of the vehicle or at a time agreed upon by
the parties, not to exceed 30 days, inclusive of weekends and holidays.
The agreement of the parties shall be executed on a form approved by
the division. In the event delivery of title cannot
be made personally, the seller may deliver the manufacturer's statement
of origin by restricted mail to the address of purchaser shown on the purchase
agreement. The manufacturer's statement of origin may include an attachment
containing assignment of such statement of origin on forms approved by the
division. Upon the presentation to the division of a manufacturer's statement
of origin, by a manufacturer or dealer for a new vehicle, sold in this state, a
certificate of title shall be issued if there is also an application for
registration, except that no application for registration shall be required for
a travel trailer used for living quarters and not operated on the highways.
(4) The fee for each original certificate of title shall be $10 in
addition to
the fee
for
registration of such vehicle, trailer or semitrailer. The certificate of title
shall be good for the life of the vehicle, trailer or semitrailer while owned
or held by the original holder of the certificate of title.
(5) Except for a vehicle registered by a federally recognized Indian
tribe, as provided in paragraph (16), upon sale and delivery to the
purchaser of every vehicle subject
to a purchase money security interest as provided in article 9 of chapter 84 of
the Kansas Statutes Annotated, and
amendments thereto, the dealer or secured party may complete a notice of
security interest and when so completed, the purchaser shall execute the
notice, in a form prescribed by the division, describing the vehicle and
showing the name and address of the secured party and of the debtor and other
information the division requires. On and after July 1, 2007, only one lien
shall be taken or accepted
for vehicles with a gross vehicle weight rating of 26,000 pounds or
less. As used in this section "gross vehicle weight rating" shall have the
meaning ascribed thereto in K.S.A. 66-1,108, and amendments
thereto. The dealer or secured party, within 30 days
of the sale and delivery, may mail or deliver the notice of security interest,
together with a fee of $2.50, to the division. The notice of security interest
shall be retained by the division until it receives an application for a
certificate of title to the vehicle and a certificate of title is issued. The
certificate of title shall indicate any security interest in the vehicle. Upon
issuance of the certificate of title, the division shall mail or deliver
confirmation of the receipt of the notice of security interest,
the date the certificate of title is issued and the security
interest indicated, to the secured party at the address shown on the
notice of security interest. The proper completion and timely mailing
or delivery of a notice of security interest by a dealer or secured
party shall perfect a security interest in the vehicle, as
referenced in K.S.A. 2009 Supp. 84-9-311, and amendments thereto,
on the date of such mailing or delivery. The county treasurers shall mail a
copy of the title application to the lienholder. For any vehicle subject to a
lien,
the county treasurer shall collect from the applicant a $1.50 service fee
for processing and
mailing a copy of the title application to the lienholder.
(6) It shall be unlawful for any person to operate in this state a
vehicle required to be registered under this act, or to transfer the title to
any such vehicle to any person or dealer, unless a certificate of title
has been issued as herein provided. In the event of a sale or transfer of
ownership of a vehicle for which a certificate of title has been issued, which
certificate of title is in the possession of the transferor at the time of
delivery of the vehicle, the holder of such certificate of title shall endorse
on the same an assignment thereof, with warranty of title in a form prescribed
by the division and printed thereon and the transferor shall deliver the same
to the buyer at the time of delivery to the buyer of the vehicle or at a time
agreed upon by the parties, not to exceed 30 days, inclusive of weekends and
holidays, after the time of delivery. The agreement of the parties shall be
executed on a form provided by the division. The requirements of this paragraph
concerning delivery of an assigned title are satisfied if the transferor mails
to the transferee by restricted mail the assigned certificate of title within
the 30 days, and if the transferor is a dealer, as defined by K.S.A. 8-2401,
and amendments thereto, such transferor shall be deemed to have possession of
the certificate of title if the transferor has made application therefor to the
division. The buyer shall then present such assigned certificate of title to
the division at the time of making application for registration of such
vehicle. A new certificate of title shall be issued to the buyer, upon payment
of the fee of $10. If such vehicle is sold to a resident of another
state or country,
the dealer or person making the sale shall notify the division of the sale and
the division shall make notation thereof in the records of the division. When
a person acquires a security interest that such person
seeks to
perfect on a vehicle subsequent to the issuance
of the original title on such vehicle, such person shall require the holder of
the certificate of title to surrender the same and sign an application for a
mortgage title in form prescribed by the division. Upon such surrender such
person shall immediately deliver the certificate of title, application, and a
fee of $10 to the division.
Delivery of the surrendered title, application and tender of the required
fee shall perfect a security interest in the vehicle as referenced in K.S.A.
2009 Supp. 84-9-311, and amendments thereto. On and after July 1, 2007, only
one lien
may be taken or accepted for
security for an obligation to be secured by a lien to be shown on a certificate
of title
for vehicles with a gross
vehicle weight rating, as defined in K.S.A. 66-1,108, and amendments thereto,
of 26,000 pounds or less. A refinancing shall not be subject to the limitations
of this act. A
refinancing is deemed to occur when the original obligation is satisfied and
replaced by a new obligation. Lien obligations created before July 1, 2007,
which are of a continuing nature shall not be subject to the limitations of
this act until the obligation is satisfied. A lien in violation of this
provision is void.
Upon receipt of the surrendered title, application and
fee, the division shall issue a new certificate of title
showing the liens or encumbrances so created, but only one lien or encumbrance
may be shown upon a title
for vehicles with a gross vehicle rating of 26,000 pounds or less, and
not more than two liens or encumbrances may be shown upon a title for
vehicles
in excess of 26,000 pounds gross vehicle weight rating.
When a prior lienholder's name is removed from the title, there must be
satisfactory evidence presented to the division that the lien or encumbrance
has been paid. When the indebtedness to a lienholder, whose name is shown upon
a title, is paid in full, such lienholder
shall comply with the provisions of K.S.A. 2009
Supp. 8-1,157, and amendments thereto.
(7) It shall be unlawful for any person to buy or sell in this state
any vehicle required to be registered, unless, at the time of
delivery thereof or at a time agreed upon by the parties, not to exceed
30 days, inclusive of weekends and holidays, after the time of delivery, there
shall pass between the parties a certificate of title with an assignment
thereof. The sale of a vehicle required to be registered under the laws of this
state, without assignment of the certificate of title, is fraudulent and void,
unless the parties shall agree that the certificate of title with assignment
thereof shall pass between them at a time other than the time of delivery, but
within 30 days thereof. The requirements of this paragraph concerning delivery
of an assigned title shall be satisfied if (A) the seller
mails to the
purchaser by restricted mail the assigned certificate of title within 30 days,
or (B) if the transferor is a dealer, as defined by K.S.A.
8-2401, and
amendments thereto, such seller shall be deemed to have possession of the
certificate of title if such seller has made application therefor to the
division, or (C) if the transferor is a dealer and has
assigned a title
pursuant to paragraph (9) of this subsection (c).
(8) In cases of sales under the order of a court of a vehicle
required to be registered under this act, the officer conducting such
sale shall issue to the purchaser a certificate naming the purchaser and
reciting the facts of the sale, which certificate shall be prima facie
evidence of the ownership of such purchaser for the purpose of obtaining
a certificate of title to such motor vehicle and for registering the
same. Any such purchaser shall be allowed 30 days, inclusive of weekends
and holidays, from the date of sale to make application to the division for a
certificate of title and for the registering of such motor vehicle.
(9) Any dealer who has acquired a vehicle, the title for which was issued
under the laws of and in a state other than the state of Kansas, shall not be
required to obtain a Kansas certificate of title therefor during the time such
vehicle remains in such dealer's possession and at such dealer's place of
business for the purpose of sale. The purchaser or transferee shall present the
assigned title to the division of vehicles when making application for a
certificate of title as provided in subsection (c)(1).
(10) Motor vehicles may be held and titled in transfer-on-death form.
(11) Notwithstanding the provisions of this act with respect to time
requirements for delivery of a certificate of title, or manufacturer's
statement of origin, as applicable, any person who chooses to reaffirm the sale
in writing on a form approved by the division which advises them of their
rights pursuant to paragraph (7) of subsection (c) and who has received and
accepted assignment of the certificate of title or manufacturer's statement of
origin for the vehicle in issue may not thereafter void or set aside the
transaction with respect to the vehicle for the reason that a certificate of
title or manufacturer's statement of origin was not timely delivered, and in
such instances the sale of a vehicle shall not be deemed to be fraudulent and
void for that reason alone.
(12) The owner of any vehicle assigning a certificate of title in
accordance with the provisions of this section may file with the division a
form indicating that such owner has assigned such certificate of title. Such
forms shall be furnished by the division and shall contain such information as
the division may require. Any owner filing a form as provided in this
paragraph shall pay a fee of $10. The filing of such form shall be prima facie
evidence that such certificate of title was assigned and shall create a
rebuttable presumption. If the assignee of a certificate of title fails to
make application for registration, an owner assigning such title and filing the
form in accordance with the provisions of this paragraph shall not be held
liable for damages resulting from the operation of such vehicle.
(13) Application for a certificate of title on a boat trailer with a gross
weight over 2,000 pounds shall be made by the owner or the owner's agent upon a
form to be furnished by the division and shall contain such information as the
division shall determine necessary. The division may waive any information
requested on the form if it is not available. The application together with a
bill of sale for the boat trailer shall be accepted as prima facie evidence
that the applicant is the owner of the boat trailer, provided that a Kansas
title for such trailer has not previously been issued. If the application and
bill of sale are used to obtain a certificate of title for a boat trailer under
this paragraph, the certificate of title shall not be issued until an
inspection in accordance with subsection (a) of K.S.A. 8-116a, and amendments
thereto, has been completed.
(14) In addition to the two forms for reassignment under paragraph (2) of
subsection (c), a dealer may attach one additional reassignment form to a
certificate of title. The director of vehicles shall prescribe and furnish such
reassignment forms. The reassignment form shall be used by a dealer when
selling the vehicle to another dealer or the ultimate owner of the vehicle only
when the two reassignment forms under paragraph (2) of subsection (c) have
already been used. The
fee for a reassignment form shall be $6.50. A dealer may purchase
reassignment
forms in multiples of five upon making proper application and the payment of
required fees.
(15) A first stage manufacturer, as defined in K.S.A. 8-2401, and
amendments thereto, who manufactures a motor vehicle in this state, and who
sells such motor vehicles to dealers located in a foreign country, may execute
a
manufacturers statement of origin to the division of vehicles for the purpose
of obtaining an export certificate of title. The motor vehicle issued an export
certificate of title shall not be required to be registered in this state. An
export certificate of title shall not be used to register such vehicle in the
United States.
(16) A security interest in a vehicle registered by a federally recognized
Indian tribe shall be deemed valid under Kansas law if validly perfected under
the applicable tribal law and the lien is noted on the face of the tribal
certificate of title.
(17) On and after January 1, 2010, a certificate of title issued for a
rebuilt salvage vehicle for the initial time, shall indicate on such title, the
reduced classification of such vehicle as provided under K.S.A. 79-5104, and
amendments thereto.
History: L. 1929, ch. 81, § 13;
L. 1937, ch. 72, § 5;
L. 1938, ch. 12, § 1;
L. 1941, ch. 93, § 1;
L. 1943, ch. 79, § 2;
L. 1955, ch. 47, § 1;
L. 1959, ch. 46, § 7;
L. 1961, ch. 47, § 1;
L. 1963, ch. 48, § 1;
L. 1965, ch. 60, § 1;
L. 1968, ch. 411, § 2;
L. 1970, ch. 46, § 1;
L. 1971, ch. 18, § 1;
L. 1972, ch. 20, § 1;
L. 1974, ch. 35, § 4;
L. 1975, ch. 30, § 4;
L. 1975, ch. 31, § 1;
L. 1975, ch. 32, § 1;
L. 1977, ch. 31, § 1;
L. 1978, ch. 32, § 1;
L. 1979, ch. 36, § 1;
L. 1980, ch. 31, § 1;
L. 1984, ch. 31, § 1;
L. 1985, ch. 43, § 6;
L. 1987, ch. 42, § 1;
L. 1989, ch. 36, § 1;
L. 1989, ch. 37, § 1;
L. 1990, ch. 36, § 1;
L. 1991, ch. 33, § 14;
L. 1992, ch. 63, § 1;
L. 1993, ch. 176, § 2;
L. 1995, ch. 88, § 1;
L. 1996, ch. 260, § 1;
L. 1997, ch. 56, § 1;
L. 1997, ch. 138, § 6;
L. 1998, ch. 140, § 8;
L. 1999, ch. 114, § 1;
L. 2000, ch. 73, § 3;
L. 2002, ch. 134, § 2;
L. 2002, ch. 134, § 3;
L. 2003, ch. 30, § 1;
L. 2004, ch. 35, § 1;
L. 2005, ch. 2, § 1;
L. 2005, ch. 186, § 1;
L. 2006, ch. 18, § 1;
L. 2007, ch. 60, § 1;
L. 2007, ch. 135, § 1;
L. 2008, ch. 102, § 1;
L. 2009, ch. 26, § 1; July 1.