301 KAR 6:070. Boat dealers.

 

      RELATES TO: KRS 235.040, 235.220

      STATUTORY AUTHORITY: KRS 235.220(1)

      NECESSITY, FUNCTION AND CONFORMITY: KRS

235.220 authorizes the department to establish an annual registration fee for a

manufacturers or dealer of motorboats in the state of Kentucky. This

administrative regulation establishes the annual registration fee for boat

manufacturers and dealers and establishes the requirements for registering as a

boat manufacturer and boat dealer.

 

      Section 1. Definitions. (1) "Boat

dealer" means a person who is in the business of selling motorboats in

Kentucky, other than a personal boat.

      (2) "Boat manufacturer" means a

person who is in the business of manufacturing boats in Kentucky.

      (3) "Dealer or manufacturer

certificate" means the certificate issued to a boat manufacturer or boat

dealer that bears an identification number assigned by the department

signifying registration as a boat manufacture or a boat dealer.

      (4) "Plate" means a moveable

identification tag bearing a number assigned by the department signifying

registration as a boat manufacture or a boat dealer.

 

      Section 2. Application. (1) A person

shall apply annually for a boat manufacturer's or boat dealer's registration on

an application provided by the department or via the department’s Internet

site.

      (2) A new application for annual

registration shall be submitted each year to the department. Boat manufacturer

and dealer certificates and plates shall expire April 30 of each year.

      (3) Information to be provided on the

application shall include:

      (a) Name, address and contact

information;

      (b) Address of business;

      (c) Number of boats manufactured or sold

in the year prior to application;

      (d) Type of vessel manufactured or sold;

and

      (e) Copy of the Sales and Use Tax Permit

issued by the Revenue Cabinet. If an applicant is using the Internet to process

his or her application, he shall insert the six (6) digit account number issued

by the Revenue Cabinet on the Sales and Use Tax Permit.

      (4) A manufacturer shall include on an

application for annual registration the assigned U.S. Coast Guard assigned

manufacturers identification code.

      (5) An applicant shall include a $100

annual registration fee with his or her application.

      (6) The registration provisions of this

section shall not apply to licensed out-of-state manufacturers and dealers who

are attending boat shows and other temporary exhibitions in Kentucky, provided

their home state grants Kentucky manufacturers and dealers similar reciprocal

privileges.

 

      Section 3. Certification and Plate. (1)

Boat manufacturers and dealers shall place in a conspicuous location at his or

her place of business, the certificate issued by the department.

      (2) The plate shall be kept aboard a boat

and readily available for inspection by a law enforcement officer. The boat

shall also abide by the registration requirements of KRS 235.220.

 

      Section 4. Revocation of Certificate and

Registration. A boat dealer or manufacturer shall forfeit his or her

registration certificate and plate if he or she has:

      (1) Been convicted of a violation of KRS

Chapter 235;

      (2) Falsified his or her application for

certification as a boat manufacturer or dealer; or

      (3) Misused his or her boat dealer or

manufacturer certification and plate.

 

      Section 5. Incorporation by Reference.

(1) The Annual Application for Boat Manufacturer or Boat Dealer Registration,

2003 edition, is incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Kentucky

Department of Fish and Wildlife Resources, #1 Game Farm Road, Frankfort,

Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R. 1149; Am. 1767;

eff. 1-23-2004.)