Kentucky HB 144: AN ACT relating to the operation of a motor vehicle. Create a new section of KRS Chapter 189 to define "solid waste collection service vehicle"; require motor vehicle operators to yield the right-of-way to these vehicles and the collection service's employees; provide that the section may be cited as the Slow Down to Get Around Law.

Bill Text

CHAPTER 100
Legislative Research Commission PDF Version

1
CHAPTER 100
( HB 144 )
AN ACT relating to motor vehicle titles.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 186A.295 is amended to read as follows:
(1) (a) Subject to the limitations in paragraph (c) of this subsection, any person or entity having a motor
vehicle or trailer that has been destroyed, to the extent that its repair cannot be obtained through usual
commercial repair services, at a cost less than its retail value as prescribed by a nationally accepted used
car valuation guide or tool identified under KRS 304.20-110, or from which two (2) or more parts
which typically bear a vehicle identification number placed thereon by the manufacturer have been
removed, or which he or she removes, shall surrender the certificate of title for the vehicle for which he
or she has a certificate of title in his, or her, or another name, to the county clerk of the county in which
the vehicle is located. The clerk shall immediately forward the surrendered title to Frankfort with
instructions for canceling the title.
(b) Any person or entity engaged in the sale of used motor vehicle or trailer parts, or the recycling or
salvage of them, shall surrender the certificate of title for any vehicle in his or her possession, and for
which he or she has a certificate of title, whether in his or her or another name, if the vehicle is
destroyed within the meaning of paragraph (a) of this subsection, or from which two (2) or more parts
which typically bear a vehicle identification number placed thereon by a manufacturer have been
removed, or which he or she removes, to the county clerk of the county in which the vehicle is located.
The clerk shall immediately forward the surrendered title to Frankfort with instructions for canceling
the title.
(c) 1. The calculation of the cost of repair referenced in paragraph (a) of this subsection shall only
include labor and parts for actual damage to the suspension, motor, transmission, frame or
unibody, and designated structural components, and shall not include cosmetic damages.
2. Subparagraph 1. of this paragraph shall not alter the calculation of the cost of repair for any
existing obligation of an insurer to pay for the cost of parts and labor for cosmetic repairs to a
motor vehicle or trailer that affects the vehicle's appearance in accordance with Section 2 of
this Act.
(d) The surrender of the certificate of title pursuant to this section shall be made within ten (10) working
days, next succeeding the day when the vehicle was received, destroyed, or next succeeding the day
during which a second part was removed.
(2) Each county clerk shall receive without charge, a certificate surrendered in accordance with this section,
cancel it, and remit it to the Department of Vehicle Regulation, and take any other action related to it, as
required by the Department of Vehicle Regulation.
(3) If the calculation of the cost of repair in subsection (1) of this section exempts a vehicle from having the
certificate of title surrendered, the title shall be branded as a salvage title in accordance with Section 2 of
this Act.
Section 2. KRS 186A.520 is amended to read as follows:
(1) Except as provided in KRS 186A.555, a salvage title shall be obtained by the owner of a motor vehicle that
meets the following definition of a salvage vehicle:
(a) 1. A vehicle that[which] has been wrecked, destroyed, or damaged, to the extent that the total
estimated or actual cost of parts and labor to rebuild or reconstruct the vehicle to its preaccident
condition and for legal operation on the roads or highways, not including the cost of parts and
labor to reinstall a deployed airbag system, exceeds seventy-five percent (75%) of the retail value
of the vehicle, as prescribed by a nationally accepted used car valuation guide or tool identified
under KRS 304.20-110.

ACTS OF THE GENERAL ASSEMBLY 2
2.[(b)] The value of repair parts for purposes of this paragraph[definition] shall be determined by using
the current published retail cost of the parts equal in kind and quality to the parts to be replaced
or the actual retail cost of the repair parts used in repair.
3.[(c)] The labor costs of repairs for purposes of this paragraph[section] shall be computed by using the
hourly labor rate and time allocations which are reasonable and customary in the automobile
repair industry in the community where the repairs are performed.
4.[(d)] Airbag reinstallation costs which are excluded from the seventy-five percent (75%) computation
as set forth in subparagraph 1.[paragraph (a)] of this paragraph[subsection] shall be included by
an insurer in the computation of the total physical damage estimate according to the terms and
conditions of individual policies, provided that the total costs payable by an insurer do not
exceed the total retail value of the vehicle; or
(b) A vehicle that is exempt from certificate of title surrender und