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
(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
(b) Address of business;
(c) Number of boats manufactured or sold
in the year prior to application;
(d) Type of vessel manufactured or sold;
(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
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
(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;