APPLICATIONS APPLICATIONS TYPES VEHICLE TYPES

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2 APPLICATIONS When a Title is Required... 4 Transferring Ownership... 6 Application Required within 60 Days of Date of Purchase... 8 Applying for Original Title Supporting Documents Required... 9 Making Title Application for Newly Acquired Vehicle...16 Out-of-State Purchase and 60 Day Requirement...18 Military Personnel Titling Vehicle in Kansas...21 Charitable Organization Vehicle Auction...25 Vehicle Engaged in Interstate Commerce...26 APPLICATIONS TYPES Duplicate Title...27 Secured Title...29 Refinance Secured Title...32 Reissue Title...34 Insurance Company Applying for Nonhighway or Salvage Title...36 Nonhighway Title...38 Formerly Nonhighway Title...44 Salvage Title...46 Rebuilt Salvage Title...51 Nonrepairable Vehicle Certificate...54 Kansas Corrected Title...58 Foreign Titled Vehicle (Out-of-Country Title)...60 Negotiable & Non-Negotiable Titles...62 VEHICLE TYPES Leased Autos and Light Trucks...65 Antique Vehicle Title Only or Antique Title and Registration...67 LOW SPEED VEHICLE...73 Motorized Bicycle, Moped, and Motor Scooter...75 Motorcycle...79 Work-Site Utility Vehicle...81 Micro Utility Truck...84 April County Treasurer's Manual

3 All-Terrain Vehicle (ATV)...88 Toy Motor Vehicles...90 Manufactured (Mobile) Home/House Trailer...92 Trailers...94 Oil Well Servicing, Clean-Out & Drilling Vehicles and Concrete Pumper Trucks Second Stage Manufacturer/Converter Disposing of a Junked Vehicle s Title SUPPORTING DOCUMENTS Corrections to Assignments Liens Release of Lien Notice of Security Interest Out-of-State Title Held by: Leasing Company Out-of-State Lien Holder Electronically by Out-of-State DMV Trusts Purchase Price For Sales Tax Sales Tax Exemption Immediate Family Ownership Transfer by: Court Order Ownership Transfer by Demises Ownership Transfer by Licensed Kansas Vehicle Dealers Ownership Transfer Using Power of Attorney Electronic Title Power of Attorney Secure Power of Attorney MVE-1, VIN Inspection Odometer Disclosure Notary Requirements Vehicles Purchased from U.S. Government April County Treasurer's Manual

4 WHEN A TITLE IS REQUIRED WHEN A VEHICLE IS REQUIRED TO BE TITLED, KSA 8-127(a)(b) Kansas law requires all motor vehicles, motorcycles, motorized bicycles, ATV s, worksite utility vehicles, trailers 1 or semitrailer maintained in Kansas to be titled. Vehicles 2 that are intended to be operated upon any highway in Kansas must be registered. All trucks or truck tractors not registered under International Registration Program (IRP), maintained and intended to be operated upon any highway in Kansas are to be titled and registered. A vehicle cannot be registered in Kansas unless the owner applies for and/or has been issued a Kansas certificate of title. 1 Trailers with a gross operating weight of 2,000 lbs. or less may be titled and registered at the owner s option. KSA There are vehicles required to be titled that are operated on roadways without registration. Refer to KSA for the list of vehicles exempt from registration. WHEN VEHICLES REQUIRED TO BE TITLED ARE EXEMPT FROM REGISTRATION The following applications will be exempt from registration when applying for title: I. (a) A lien holder applying for a Repossession Title will not have registration issued. (b) Applicants using a court order, probated will, transfer on death (TOD), decedent affidavit or claim of heir affidavit for titling and do not intend to operate the vehicle, may make application for a title only. If the applicant does intend to operate the vehicle, they must apply for title AND registration. Unless the court documents state otherwise, the person listed in the court order as owner must obtain a title in their name before transferring ownership. (c) Businesses claiming a vehicle by using a mechanic lien sale affidavit, selfservice storage lien sale affidavit, landlord affidavit or possessory lien affidavit and are retaining a vehicle due to insufficient bids may make application for a Title Only. If this business intends to operate the vehicle on the roadways, April County Treasurer's Manual

5 they must also apply for original title application (title AND registration). Individuals purchasing vehicles at the auction are required to apply for original title (title AND registration). II. Vehicles being titled as Salvage, Nonhighway or Nonrepairable cannot be issued license plates. III. If the antique vehicle is NOT going to be operated on the roadways, apply for an Antique Title Only. If at a later time the antique is going to put on the road, the owner may apply for Antique Registration Only (an antique title is required). Nonhighway or salvage title branding will not be denoted on an antique title. An antique vehicle may be sold on a bill of sale. Refer to the Antique Vehicle Title Only or Antique Title and Registration section. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process c , b April County Treasurer's Manual

6 ASSIGNMENT OF TITLE TRANSFERRING OWNERSHIP To transfer the ownership of a vehicle, the owner will complete the title assignment section on the certificate of title or Manufacturer s Statement of Origin (MSO). INDIVIDUALS The following information must be completed on the assignment of the title: Purchaser s name(s) and address, Purchase price:if the purchase price space is not provided on the assignment of title, an Affidavit of Purchase Price, form TR-11, must be completed and the buyer and seller must sign and hand print their names. Seller s: Purchaser s: Lien holder: Mileage: Signature and hand printed name are required. Signature and hand printed name only required when odometer disclosure requirements apply to vehicle. When applicable, name and address of secured party. All assignments in Kansas must include the current odometer reading at the time of assignment. If the vehicle meets Odometer Disclosure Statement (ODS) requirements, the mileage status (actual, exceeds mechanical limits (to display actual), not actual) will apply as well as all signatures and hand printed names must be provided. Refer to the ODS section. Purchase date: Date the vehicle was delivered. DEALERS The following information must be completed in the proper spaces for the assignment of the title or manufacturer s statement of origin (MSO): Purchaser s name(s) and address, Seller s (Dealer): Dealership s name required as well as the dealership agent s signature and hand printed name. Dealer license number is to also be recorded. Purchaser s: Lien holder: Mileage: Signature and hand printed name only required when ODS requirements apply to vehicle. When applicable, name and address of secured party. All assignments in Kansas must include the current odometer reading at the time of assignment. If the vehicle meets ODS requirements, the mileage status (actual, exceeds mechanical limits (to display actual), not actual) will apply as well as all April County Treasurer's Manual

7 signatures and hand printed names must be provided. Refer to the ODS section. Purchase date: Date the vehicle was delivered. ODOMETER DISCLOSURE Autos and trucks, REGISTERED for 16,000 lbs. (16M) or less, which are ten (10) model years old or less must have: the odometer reading, mileage status (actual, exceeds mechanical limits (to display actual), not actual) and the signature and hand printed name of both the buyer and seller. Any vehicles over ten (10) years old or trucks with a REGISTERED weight of 20M or more and vehicles transferred on MSO/MCO between franchised dealers (wholesale transaction) are exempt from the odometer disclosure statement (ODS) requirements. Exempt means the buyer does not have to hand print and sign their name and the mileage status box (exceeds or not actual) is not marked. Ten (10) model years is calculated be taking the vehicle s calendar year and subtract 10 to determine the earliest year the ODS requirements are exempt. EX: Calendar year of 2008 minus 10 will mean model year 1998 and older vehicles are exempt ( =1998). NOTARY REQUIREMENTS The assignment and/or reassignment of title are not required to be notarized when the assignment or reassignment is transacted within the. All release of lien from Kansas lien holders are to be notarized. Regardless of the requirements of the state that issued the title, when a lien holder is shown on any certificate of title with a Kansas address*, the lien holder s release of lien is required to be notarized. Vehicles assigned and/or reassigned outside the will be subject to the laws of the state in which the transaction took place. To determine if notarization of the title assignments is required, refer to the R.L. Polk manual or a current National Auto Dealers Association (N.A.D.A.) Titles and Registrations manual for requirements of other jurisdictions. * The release of lien will be completed within Kansas, therefore subject to Kansas requirements, not requirements of the state that issued the title. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

8 APPLICATION REQUIRED WITHIN 60 DAYS OF DATE OF PURCHASE DATE OF PURCHASE IS THE DATE FEES ARE DUE The date of purchase on the assignment or reassignment of a Manufacture Statement of Origin (MSO) or certificate of title or bill of sale shall be the beginning date (date due) of the registration period. If the date of sale is available on the back of the title, use that date for the purchase date. If the date of sale option is not available on the back of the title, use the date on the sales tax receipt, the invoice provided by the out of state dealer or the date on the bill of sale. The title and registration fees will begin with the 1 st day of the month after the month in which the vehicle was delivered. (EX: Vehicle was sold and delivered on May 15 th, title and registration fees begin June 1 st.) If the title and registration fees are not paid within the 60 day period, penalties and late fees are computed from the purchase date. KANSAS STATUTES ANNOTED (K.S.A.) AND KANSAS ADMINISTRATIVE REGULATION (KAR) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

9 APPLYING FOR ORIGINAL TITLE SUPPORTING DOCUMENTS REQUIRED When a vehicle owner applies for an original certificate of title, the owner must present the following documentation: NOTE: Proof of ownership varies according to whether the vehicle is new or used and where it was purchased. Proof will be: title, manufacture s statement of origin (MSO), manufacture s certificate of origin (MCO), Bill of Sale, court order or other legal type documentation. Vehicles sold or transferred outside the state of Kansas will use the laws of the state in which that transaction took place to determine if notarization of the title assignment is required. Refer to the R.L. Polk manual or the current N.A.D.A., Titles & Registrations Manual for requirements of other jurisdictions. DOCUMENTS NEEDED TO TITLE A NEW VEHICLE Application for an original certificate of title and registration must be submitted through the County Treasurer's office (county s motor vehicle office) in the county where the vehicle is garaged. To avoid penalty and interest, application for title and registration must be made within 60-days from the vehicle purchase date. The following documentation must be presented to the County Treasurer's office: 1. Proof of ownership (properly assigned MSO/MCO). ATTACH TO APPLICATION. 2. When applying for a new registration (license plate), the applicant must present proof of insurance and the County Treasurer s staff must examine this proof before taking the application. The following shall be proof of insurance: insurance card issued by an insurance company certificate of self insurance issued by the (insurance) commissioner a binder of insurance a certificate of insurance a motor carrier identification number issued by the state corporation commission proof of insurance for vehicles covered under a fleet policy April County Treasurer's Manual

10 a commercial policy covering more than one vehicle or a policy of insurance required by KSA for vehicles used as part of a drivers education program a dealership contract and a motor vehicle liability insurance policy issued to a school district or accredited nonpublic school Examination of a photocopy or fax of any of these documents shall meet the requirement of proof. (KSA 8-173) 3. Purchased from: Kansas dealer SALES TAX RECEIPT, Out-of-state dealer PURCHASE/SALES INVOICE & COLLECT SALE TAX. If the out of state dealer collected sales tax, collect any additional state sales tax that may be due and collect the resident sales tax. ATTACH TO APPLICATION. 4. Property Tax must be paid at the time of registration/title application. Exception: heavy trucks, trailers, antiques, transit buses and motorized bikes. 5. Title application (system application or completed manual application*, form TR-212a) must be signed by the new owner, or by a person authorized by the owner through a Power of Attorney. ATTACH THE TR-212A AND/OR TR-200 AND IF APPLICABLE, THE POWER OF ATTORNEY TO APPLICATION. * The manual Title and Registration Application, TR-212a, must have at the minimum the vehicle s year, make, VIN and the owner s name(s) and owner s signature. A signed BLANK TR-212a may be rejected by the Division of Vehicles. 6. When all assignment spaces on a MSO/MCO are full and vehicle is being reassigned to another franchised dealer or retail buyer a Dealer Reassignment (form TR-127) may be ATTACHED TO AN MSO/MCO (only). There are no limits to the number of TR-127 that may be attached to a MSO/MCO. The TR-127 can only be used by a franchised (new vehicle) dealer to reassign the MSO for a vehicle make to which they are franchised to sell. When all assignment spaces are full on a MSO/MCO and vehicle is being reassigned to another licensed dealer or retail buyer, one (1) Kansas Dealer s Title Reassignment Addendum (addendum), form TR-19a, may be ATTACHED TO THE MSO/MCO. Only one Kansas addendum may be attached to a MSO/MCO. Out of state dealers may attach their state s riders/reassignment attachments to a MSO/MCO that already has a Kansas addendum attached. It is recommended the TR-127 be used for a MSO/MCO because of the unlimited number that may be attached and the TR-19a limit of only one can be attached to MSO/MCO. April County Treasurer's Manual

11 TRANSFERRING LICENSE PLATE TO A NEWLY ACQUIRED NEW VEHICLE Application for original certificate of title and registration must be submitted through the County Treasurer's office (county motor vehicle office) in the county where the vehicle is garaged. To avoid penalty, application for title and registration must be made within 60-days from the vehicle purchase date. REQUIRED CONDITIONS A Kansas title or etitle must be issued in the name(s) of the person or business shown on the registration receipt. If the title application is still pending (in the WIP file with no title number and issued date), the registration cannot be transferred or refunded. The registration must be current/valid. The vehicle to which the registration is issued must have been disposed of by assignment of the Kansas title. Name(s) for the newly acquired vehicle must match the name(s) from the title of the disposed of vehicle. (See # 9 below.) Registration period cannot be changed. REQUIRED DOCUMENTATION Requirements 1 through 6 are the same as Documents Needed to Title a New Vehicle above. 7. The name of buyer of the vehicle to which the registration was previously issued is needed. 8. Current (valid) registration receipt, TR-200. If not available, a duplicate registration is required. ATTACH TO APPLICATION. 9. If name does not match, and it is the same person, One and the Same portion of the Affidavit to a Fact, form TR-12, must be completed. A spouse, parent, son or daughter may be listed as an owner to the newly acquired vehicle as long as one of the owners from the disposed vehicle will be an owner of the newly acquired vehicle. If the relative s name is being added after the assignment is complete, the Title or MSO Assignment portion of the Affidavit of Fact, TR-12, must be completed and attached to the application. DOCUMENTS NEEDED TO TITLE A USED VEHICLE Application for original certificate of title and registration must be submitted through the County Treasurer's Motor Vehicle office in the county where the vehicle is garaged. April County Treasurer's Manual

12 To avoid penalty, application for title and registration must be made within 60-days from the vehicle purchase date. The following documentation must be presented to the County Treasurer's office: 1. If the face of the title shows a lien(s), a release of such lien(s) MUST accompany the application. If the release is a separate document, ATTACH TO APPLICATION. 2. Proof of ownership (properly assigned title or, bill of sale if permitted). Attach to application. If the vehicle is coming from a state that does not issues titles, just registration, the following documentation will be required: The applicant owned the vehicle and is moving to Kansas from a state that did not issue titles for certain vehicles. The applicant will need a current registration receipt issued by that state and a Kansas MVE-1. ATTACH TO APPLICATION. The applicant purchased a vehicle from a seller that resides in a state that does not title certain vehicles. The applicant will need a copy of the current registration receipt issued to the seller by that state, a bill of sale, and a Kansas MVE-1. ATTACH TO APPLICATION. When all assignment spaces are full on a title and vehicle is being reassigned to another licensed dealer or retail buyer, one (1) Kansas Dealer s Title Reassignment Addendum (addendum), form TR-19a, may be ATTACHED TO THE TITLE. ONLY ONE Kansas addendum may be attached to ANY state s title. Out of state dealers may attach their state s riders/reassignment attachments to a Kansas title that already has a Kansas addendum attached. A Kansas dealer may attach a Kansas addendum to a title that has another state s rider previously attached, as long as there is no Kansas addendum already attached. 3. When applying for a new registration (license plate), the applicant must present proof of insurance and the County Treasurer s staff must examine this proof before taking the application. The following shall be proof of insurance: insurance card issued by an insurance company certificate of self insurance issued by the (insurance) commissioner a binder of insurance a certificate of insurance a motor carrier identification number issued by the state corporation commission proof of insurance for vehicles covered under a fleet policy a commercial policy covering more than one vehicle or a policy of insurance required by KSA for vehicles used as part of a drivers education program a dealership contract and a motor vehicle liability insurance policy issued to a school district or accredited nonpublic school April County Treasurer's Manual

13 Examination of a photocopy or fax of any of these documents shall meet the requirement of proof. (KSA 8-173) 4. Purchased from: Kansas dealer SALES TAX RECEIPT, Out-of-state dealer PURCHASE/SALES INVOICE & COLLECT SALE TAX. If the out of state dealer collected sales tax, collect any additional state sales tax that may be due and collect the resident sales tax. Non-dealer If the title assignment does not have a space for purchase price or the space is not completed, an affidavit of purchase price or a bill of sale verifying the sale price is required. Treasurer s motor vehicle office is to collect the sales tax. Refer to the Purchase Price for Sales Tax section for more details. ATTACH TO APPLICATION 5. Property Tax must be paid at the time of registration/title application, exception being: heavy trucks, trailers, antiques, transit buses, motorized bikes, vehicles exempt from property tax and some vehicles owned by military members (see Military Personnel Titling Vehicle in Kansas section). 6. If the used vehicle was previously titled out-of-state or was purchased out of state on a bill of sale if permissible, an MVE-1 form issued by the Kansas Highway Patrol or their designee must be furnished. If a Kansas resident or business vehicle is out-of-state due to being on active military duty, attending college or school, or temporarily out-of-state on a shortterm basis*, a Kansas Resident or Business Out of State VIN Verification, form TR-65 is to be completed and submitted in lieu of the MVE-1. ATTACH THE MVE-1 OR TR-65 TO APPLICATION. * Please remind an applicant claiming temporary out of state status that the TR-65 is only allowed for submitting their application for title and registration, an MVE-1 will still be required once the vehicle is returned to Kansas. Renewing the registration for the vehicle with a pending title application awaiting the MVE-1 form MUST BE PRE-APPROVED BY THE DIVISION AND CAN ONLY BE APPROVED ONE TIME. The Titles & Registrations Bureau must receive the MVE-1 form before the certificate of title will be issued. 7. Title application (system application, form TR-200 or completed manual application*, form TR-212a) must be signed by the new owner, or by a person authorized by the owner through a Power of Attorney. ATTACH THE TR-212A AND/OR TR-200 AND IF APPLICABLE, THE POWER OF ATTORNEY TO APPLICATION. April County Treasurer's Manual

14 * THE MANUAL TITLE AND REGISTRATION APPLICATION, TR-212A, MUST HAVE AT THE MINIMUM the vehicle s year, make, VIN and the owner s name(s) and owner s signature. A signed BLANK TR-212a may be rejected by the Division of Vehicles. 8. Odometer disclosure statement on the title assignment must be signed if the vehicle is 10 years old or newer. TRANSFERRING LICENSE PLATE TO A NEWLY ACQUIRED USED VEHICLE REQUIRED CONDITIONS A Kansas title or etitle must be issued in the name(s) of the person or business shown on the registration receipt. If the title application is still pending (in the WIP file with no title number and issued date), the registration cannot be transferred or refunded. The registration must be current/valid. The vehicle to which the registration is issued must have been disposed of by assignment of the Kansas title. Name(s) for the newly acquired vehicle must match the name(s) from the title of the disposed of vehicle. (See # 10 below.) Registration period cannot be changed. REQUIRED DOCUMENTATION Requirements 1 through 8 are the same as Documents Needed to Title a Used Vehicle above. 9. The name of buyer of the vehicle to which the registration was previously issued is needed. 10. Current (valid) registration receipt, TR-200. If not available, a duplicate registration is required. ATTACH TO APPLICATION. April County Treasurer's Manual

15 11. If name does not match, and it is the same person, One and the Same portion of the Affidavit to a Fact, form TR-12, must be completed. A spouse, parent, son or daughter may be listed as an owner to the newly acquired vehicle as long as one of the owners from the disposed vehicle will be an owner of the newly acquired vehicle. If the relative s name is being added after the assignment is complete, the Title or MSO Assignment portion of the Affidavit of Fact, TR-12, must be completed and attached to the application. KANSAS ADMINISTRATIVE REGULATION (KAR) AND KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

16 MAKING TITLE APPLICATION FOR NEWLY ACQUIRED VEHICLE WHERE TO MAKE APPLICATION Application for title must be submitted in the office of the County Treasurer (county s motor vehicle office) in the county of the applicant's legal residence or bona fide place of business, with the following exceptions: I. Prorated titled (or prorated registered) commercial trucks or trailers must be titled and/or registered directly with Kansas Motor Carrier Services Bureau; 1500 SW Arrowhead Rd.; Topeka, Kansas II. Passenger vehicle or non-prorated commercial truck or trailer BASED in Kansas must be titled (and registered) in the county in which the vehicle(s) are based. (EX: The vehicle owner lives in Kansas County A or out-of-state and owns a wheat farm in Kansas County B and maintains/garages a grain truck on the farm. The truck is to be registered in Kansas County B.) III. Vehicles and trailers that have been repossessed and applying for repossession title are to submit application in the county where the owner resided or the county in which the lien holder that made the original loan is located. WHO SUBMITS THE APPLICATION FOR TITLE The new owner/lessee (shown on the title assignment as purchaser) must make application for a Kansas certificate of title or anyone authorized by the owner or lessor/lessee. If the person making the application is not listed on the assignment as a purchaser or lessee, the applicant must have a Power of Attorney from the new owner, form TR- 41; or a pre-signed application for title from the new owner, from TR-212a; or a completed Title Service/Individual Authorization from the new owner, form TR-134. April County Treasurer's Manual

17 MAILING TITLE APPLICATION TO COUNTY Application for a Kansas title and registration may be made by mail through the County Treasurer's office (county motor vehicle office). Applicant must contact the County Treasurer s office for instructions. MAILING OF THE KANSAS TITLE Kansas certificates of title are mailed to the applicant's address. The applicant may authorize a different mailing address (Special Mailing Order-SMO). An SMO request will be noted on the application in the upper left-hand portion when entered into the VIPS system. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

18 OUT-OF-STATE PURCHASE AND 60 DAY REQUIREMENT A KANSAS RESIDENT who purchases a vehicle in another state and either stores, garages, or allows the vehicle to be operated outside of Kansas, for more than sixty (60) days past the purchase date, must provide satisfactory proof to the County Treasurer that the vehicle did not enter Kansas, during that period. If satisfactory documentation is not produced, personal property taxes will be assessed on the vehicle based upon the purchase/notary date indicated on the title assignment. Penalties and interest will also be included with the assessment of taxes. If satisfactory proof is provided to the County Treasurer, that the vehicle did not enter Kansas during the period it was stored or garaged in another state, the County Treasurer may use a date of entry at the time of Kansas registration. In most cases, the vehicle will have an assigned out-of-state title or have been titled out-of-state by the Kansas resident and will require an MVE-1. The MVE-1 date will be one way of determining the vehicle to Kansas date. Satisfactory proof that the vehicle did not enter Kansas may include, but is not limited to, one of the following: An out-of-state registration receipt in the name of the applicant; Insurance documentation indicating the date insurance coverage became effective and indicating the location of the vehicle; Verification of mileage may be requested. The mileage on the vehicle at the application date should be similar to the mileage shown on the purchase date on the assigned title, after taking into account the number of miles from the point of the out-of-state purchase to the residence in Kansas; Proof that all applicable vehicle taxes have been paid on the vehicle in the state in which the vehicle was stored/garaged; Correspondence or documentation from the tax division of the state in which the vehicle has been purchased/stored, indicating that there is no tax liability on the vehicle; or April County Treasurer's Manual

19 Lienholder records which indicates the location of the vehicle. If an applicant cannot provide satisfactory proof at the time of registration that the vehicle was stored, garaged and/or registered in another state, tax assessment will be made based on the purchase date on the assigned title. VEHICLE TITLED OUT-OF-STATE IN THE NAME OF THE OWNER MOVING TO KANSAS Vehicle owners moving into Kansas from another state, who have previously titled their vehicle in that state will be assessed personal property taxes on their vehicle(s) based upon the Date of Entry of the vehicle(s) into Kansas. The MVE-1 form date (date of inspection performed by the Kansas Highway Patrol) can be one way of determining the Date of Entry or tax assessment date. Since there is no transfer of ownership in this situation, the mileage reading on the MVE-1 may also be used for the odometer reading. NEWLY PURCHASED VEHICLES BY OUT-OF-STATE RESIDENTS MOVING TO KANSAS Out-of-state residents who have recently acquired, but have not titled and registered the vehicle in their name, and are moving to Kansas, follow the same procedures for out-of-state vehicle owners moving to Kansas. The 60 day application requirement will apply. DO NOT USE THE MVE-1 FOR THE ODOMETER READING for vehicles that require an Odometer Disclosure Statement (auto and light trucks less than 10 years old). Use the odometer information from the title assignment. VEHICLES STORED IN KANSAS Vehicles stored in Kansas that have not been titled and/or registered in this state within sixty (60) days of purchase are subject to assessment of personal property taxes, penalty and interest even though the vehicle has not been titled and registered. NON-USE AFFIDAVIT A Non-Use Affidavit may only be used if the vehicle has not been in use for at least one full registration cycle. The Non-Use Affidavit DOES NOT APPLY TO LATE PROPERTY TAXES, only registration fees. The following are examples of how registration fees and penalty will be charged and the Non-Use Affidavit used. ALL BACK PROPERTY TAXES PLUS INTEREST will be collected for the entire time period of each example. SITUATION: The registration renewal month for these examples is September (auto, light truck, motorcycle or RV). April County Treasurer's Manual

20 TITLE APPLICATION If the vehicle was brought into Kansas or was purchased on May 5, 2005 and the owner does not make application for title and registration until October 10, May 5, 2005 to Sept 30, 2005 For the 1 st period, charge 4 months prorated registration fees plus late registration penalty and title penalty. Sept 30, 2005 to October 10, 2007 The Non-Use Affidavit will be completed and used to waive the registration fee and late penalty for this 1 year plus period. October 10, 2007 to Sept 30, 2008 Charge prorated fee from application date to end of the registration period Property Taxes The VIPS system will charge one prior and one current property tax. One additional year can be collected manually. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

21 MILITARY PERSONNEL TITLING VEHICLE IN KANSAS KANSAS NATIONAL GUARD OR RESERVES At the time of application for registration, a Kansas resident that is Guard or Reserve member will be eligible to exempt up to two (2) motor vehicles from property tax if: Mobilized (in receipt of orders to report for active duty at a certain date regardless of where the motor vehicle is maintained), or; Deployed (absent from such service member s usual duty station due to military orders, regardless of where the motor vehicle is maintained). The Guard or Reserve member MUST be listed on the vehicle(s) title as an owner. Leased vehicles DO NOT QUALIFY for the exemption. CLAIMING ANOTHER STATE AS THEIR HOME STATE OF RESIDENCE The following are guidelines and documentation required for a military member who is a resident of another state and wishes to title and register his or her vehicle(s) in Kansas: Currently assigned, or are being assigned a post (stationed at a military base) inside the ; Military members that are not declaring Kansas as their home state of residence and are not stationed at a military base within Kansas ARE NOT ELIGIBLE for Kansas title and registration. REQUIRED DOCUMENTATION 1. If the face of an assigned title shows a lien(s), a release of lien MUST be attached the application. If the out of state title is already in the name of the military member and there is a lien holder listed on the front of the title, be certain to record the lien on the application for Kansas title and registration. 2. Proof of ownership (title issued by another titling jurisdiction in military member s name, or properly assigned title or MSO/MCO). The military member s name must be listed as one of the owners of the vehicle. Attach to application 3. If the vehicle was previously titled out-of-state, an MVE-1 form issued by the Kansas Highway Patrol or their designee must be furnished. If the military member is declaring Kansas as their home state and they are stationed outside of Kansas, a Kansas Resident or Business Out of State VIN Verification, form TR-65 is to be completed and submitted in lieu of the MVE- April County Treasurer's Manual

22 1. Military members are not required to return the vehicle to Kansas and obtain an MVE-1 before the title will be issued, the completed TR-65 is the only inspection they will need. ATTACH THE MVE-1 OR TR-65 TO APPLICATION. 4. The applicant must present proof of insurance and the County Treasurer s staff must examine this proof before taking the application. The following shall be proof of insurance: insurance card issued by an insurance company certificate of self insurance issued by the (insurance) commissioner a binder of insurance a certificate of insurance a motor carrier identification number issued by the state corporation commission proof of insurance for vehicles covered under a fleet policy a commercial policy covering more than one vehicle or a policy of insurance required by KSA for vehicles used as part of a drivers education program a dealership contract and a motor vehicle liability insurance policy issued to a school district or accredited nonpublic school Examination of a photocopy or fax of any of these documents shall meet the requirement of proof. (KSA 8-173) 5. When application is made with an ASSIGNED title or MSO/MCO, proof of payment or collection of SALES TAX IS REQUIRED: (MILITARY MEMBERS ARE NOT EXEMPT FROM SALES TAX.) Purchased from: Kansas dealer SALES TAX RECEIPT, Out-of-state dealer PURCHASE/SALES INVOICE & COLLECT SALE TAX. If not the out of state dealer collected sales tax, collect any additional state sales tax that may be due and collect the resident sales tax. Non-dealer Attach to application. If the title assignment does not have a space for purchase price or the space is not completed, an affidavit of purchase price or a bill of sale verifying the sale price is required. Treasurer s motor vehicle office is to collect the sales tax. Refer to the Purchase Price for Sales Tax section for more details. April County Treasurer's Manual

23 6. Up to two (2) vehicles owned by the military member are exempt from personal property tax. If more than two (2) vehicles are owned, property tax is to be assessed on all the remaining vehicles. Refer to the Recreational Vehicles section for details on RV s. 7. Title application (system application, form TR-200 or completed manual application*, form TR-212a) must be signed by the new owner, or by a person authorized by the owner through a Power of Attorney. ATTACH THE TR-212A AND/OR TR-200 AND IF APPLICABLE, THE POWER OF ATTORNEY TO APPLICATION. * THE MANUAL TITLE AND REGISTRATION APPLICATION, TR-212A, MUST HAVE AT THE MINIMUM the vehicle s year, make, VIN and the owner s name(s) and owner s signature. A signed BLANK TR-212a may be rejected by the Division of Vehicles. 8. Odometer disclosure statement on the title must be signed if the vehicle is 10 years old or newer. LEASED VEHICLES Vehicles leased by military members and are titled and registered in Kansas DO NOT qualify for personal property tax exemption. (The vehicle must be owned by the military member to be qualified for property tax exemption.) KANSAS RESIDENT SERVING IN THE MILITARY STATIONED IN KANSAS Kansas military members stationed in Kansas must title and register their vehicle(s) in Kansas. While stationed in Kansas all fees and taxes, if applicable*, are assessed and collected at the time of application for title and registration or registration renewal. An MVE-1 is required if application is made with an out-of-state title. * Up to two (2) vehicles owned by the military member are exempt from personal property tax. If more than two (2) vehicles are owned, property tax is to be assessed on all the remaining vehicles. Refer to the Recreational Vehicles section for details on RV s. RECREATIONAL VEHICLES Property tax on a recreational vehicle (RV) for Kansas residents servicing full time in the military: April County Treasurer's Manual

24 PROPERTY TAX SHALL NOT BE LEVIED when the military resident is absent from Kansas solely by reason of military orders and the RV is maintained by the military resident outside of Kansas on the date of application of registration. PROPERTY TAX SHALL BE LEVIED when the military resident is stationed within Kansas by reason of military orders. The location of the RV will not be a determining factor. The RV may be one (1) of the two (2) vehicles exempted from property tax. PROPERTY TAX SHALL BE LEVIED for all out of state military resident is stationed within Kansas by reason of military orders and the RV is located within Kansas. The RV may be one (1) of the two (2) vehicles exempted from property tax. QUALIFICATION INFORMATION The County Appraiser should be contacted for further information regarding military personnel qualifications. SALES TAX MILITARY MEMBERS ARE SUBJECT TO THE SAME SALES TAX REQUIREMENTS AS NON-MILITARY MEMBERS. The tax exemption is only regarding personal property tax. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 8-1, Under the provision of the Soldiers and Sailors Relief Act, active duty military personnel stationed in Kansas have, at their option, the right to title and register their vehicle in Kansas or retain their home state registration. April County Treasurer's Manual

25 CHARITABLE ORGANIZATION VEHICLE AUCTION Charitable organizations may receive vehicles as a charitable donation and apply for a Title Only, then sell vehicles at charitable auctions provided they are registered with the IRS as a charitable organization. A charitable organization is eligible if the organization is exempt from the federal income tax pursuant to 26 U.S.C 501(c)(3) and is an eligible recipient of charitable contribution pursuant to 26 U.S.C 170(c)(2). Requirements for processing are as follows: Charitable organization shall make application for a Title Only within 60 days of assignment of title from the donor to the charitable organization. Affidavit for Charitable Organization Vehicle Auction form, TR-110, completed by the charitable organization must be presented along with assigned title and all other documentation required for titling the vehicle, i.e., MVE-1, odometer disclosure, Power of Attorney. No personal property or ad valorem taxes will be assessed when application for Title Only is made by the charitable organization. Charitable organizations shall be exempt from paying sales tax when applying for a title only. The buyer will pay sales tax and personal property tax to the County Treasurer after the vehicle is purchased from the charitable auction. Title Only applications shall be processed by the County Treasurer s Office as PRIORITY to ensure that titles can be issued prior to the auction. Please place the application on top of the daily report. Charitable organizations must give the Title and Registration Bureau 30-day notice before the auction is to be held. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 8-1, u 26 U.S.C 170(c)(2) 26 U.S.C 501(c)(3) April County Treasurer's Manual

26 VEHICLE ENGAGED IN INTERSTATE COMMERCE Vehicles involved in interstate commerce must be registered with the Division of Vehicles, Motor Carrier Services Bureau. VEHICLE DEALERS AND MANUFACTURERS Vehicle dealers and manufacturers are required to obtain license through the Division of Vehicles, Dealer Licensing Bureau. PERSONAL PROPERTY TAX PROOF OF PAYMENT Property assessments will be made and taxes paid at the time vehicles are registered. Except those vehicles which are exempt, and those vehicles with no tax due, vehicles not taxed according to Article 51, Chapter 79 of the Kansas Statutes Annotated, County Treasurers will not accept an application for vehicle registration, unless the applicant exhibits a receipt showing that all personal property taxes levied against such applicant for the preceding year have been paid. KANSAS STATUTES ANNOTED (K.S.A.) AND FEDERAL LAW Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 49 U.S.C Article 1 of Chapter 66 of KSA Article 51 of Chapter 79 of KSA. April County Treasurer's Manual

27 DUPLICATE TITLE NOTE: DUPLICATE TITLES CANNOT BE ISSUED IF ANY LIENS ARE SHOWN ON THE VEHICLE RECORD. If a Kansas vehicle owner loses their title, or if it becomes mutilated or illegible, a duplicate title may be obtained. It is recommended that application for a duplicate title be made at the county office. If the Kansas title was previously printed with a lien and the application is accompanied by a lien release, a reissued title must be applied for instead of a duplicate. (Refer to Reissued Title section.) Application for a duplicated title may only be accepted if the previous Kansas title was printed without a lien. INFORMATION REQUIRED The following information is required when applying for a duplicate title: 1. Vehicle owner's name(s) on a Duplicate Title application must appear the same as on the original title. A fully completed Application for Secured/Duplicate/Reissue Title, form TR-720B, (signed by the owner(s)) will be accepted as a supporting document if the owner cannot sign the county s generated Duplicate Title application, TR-200; 2. Owner's Registration Receipt, or the vehicle year, make and VIN number if the registration is not available; 3. The current mileage; 4. Collect the specified fees. IMPORTANT Name changes, adding or deleting names CANNOT be done on Duplicate Title Applications. An Original Title Application with a Registration or Plate Transfer must be completed for these changes. Note: When applying for a duplicate title due to the original title being mutilated, altered, or illegible, the original title must accompany the application for the duplicate title. If an assignment to another individual or company has been April County Treasurer's Manual

28 completed on back of the title, a disclaimer* from that individual or company will be needed before the owner on the face of the title can obtain a duplicate title. Administrators, executors or guardians whose signature appears on the application for duplicate title are required to include a certified copy of the appointment letter from the probate court. * Affidavit to a Fact, form TR-12 has a disclaimer statement. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

29 SECURED TITLE When the current owner, with a Kansas title in his or her name, uses their vehicle as collateral for a loan (mortgage the vehicle), a secured title is applied for to record the lien against the vehicle. NUMBER OF LIENS THAT CAN BE RECORDED ON A VEHICLE S RECORD 26,000 LBS. OR LESS For vehicles with a gross vehicle weight rating (GVWR) of 26,000 lbs. or less, only one (1) lien can be recorded on the title record. If the applicant wants to replace the lien holder currently on file with a new lien holder, an application for Refinance Secure Title Application, form TR-720R, must be completed and submitted. Refer to the Refinance Secure Title Section for further details. 26,001 LBS OR MORE For vehicles with a GVWR of more than 26,000 lbs. up to two (2) liens can be recorded on the title record. If the paper title or the registration receipt for an etitle indicates a current lien holder, the new lien holder listed on the secured title application will be the second lien holder of record for the vehicle. FOUR POSSIBLE SITUATIONS TO DETERMINE IF IT S A SECURED OR REFINANCE 1. Secured Title: Current Kansas title has no lien. See Information for Making Application below. 2. Secured Title: Current Kansas paper title has a lien listed on the front or there is an etitle and the application has a lien release attached for that lien. See Information for Making Application below. 3. Secured Title: Current Kansas paper title has two liens listed on the front or there is an etitle with two liens and there is a lien release for just one of the lien holders. See Information for Making Application below. The remaining lien holder is to be listed as the first lien holder on the Secured Title Application. DO NOT USE THE REISSUED TITLE APPLICATION TO REMOVE A LIEN HOLDER WHILE LEAVING A LIEN HOLDER ON THE VEHICLE. The VIPS system will remove ALL liens from the vehicle s record and issue a lien free title for all Reissued Title. April County Treasurer's Manual

30 4. Refinance Title: Current Kansas paper title has a lien listed on the front or an etitle and the original lien holder is being replaced with a different lien holder but there is no lien release from the original lien holder attached. See Refinancing Secure Title if the current lien holder shown on the vehicle s record is being replaced with a different lien holder who paid off the outstanding loan. INFORMATION FOR MAKING APPLICATION Information required for processing application: 1. An application submitted to the County Treasurer's office. (If the lien holder wishes to receive a receipt for the transaction (TR-200), they must submit the secured application through the county.) An Application for Secured/Duplicate/Reissue Title, form TR-720B, may be fully completed, signed by the owner(s) and attached to the VIPS application (TR-200) as proof that the owner signed the application for secured title. The vehicle owner must sign the application, TR-200, or supporting TR-720B manual application*. If there are two names or more and they are connected by and, all parties must sign the application. * The Secured/Duplicate/Reissue Title, form TR-720B, MUST HAVE AT THE MINIMUM the vehicle s year, make, VIN, lien holder s name and address, and the owner s name(s) and owner s signature. A signed BLANK TR-720B may be rejected by the Division of Vehicles. 2. FOR PAPER TITLE, the current Kansas title must be attached to the application for secured title. Lien holder information may be recorded on the back of the title. If the title has been lost, the Duplicate Title Certification must be completed on the secured title application (form TR-200 or the TR-720B) and attach a copy of their current registration receipt (TR-200). If the owner does not have their current registration receipt, a duplicate registration receipt must be applied for and the 50 fee collected. April County Treasurer's Manual

31 FOR ETITLE, a copy of the current Kansas registration receipt showing the current lien holder must be attached to the application for secured title (TR-200 or TR-720B). If the owner does not have their current registration receipt, a duplicate registration receipt must be applied for and the 50 fee collected. The treasurer s office is to confirm that the registration receipt is the most up to date information concerning the number of liens for the vehicle. Do not rely solely on the receipt. 3. The name and address of the new lienholder, VERY IMPORTANT. 4. The current mileage. 5. Collect the fees. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

32 REFINANCE SECURED TITLE Vehicles with a gross vehicle weight rating (GVWR) of 26,000 lbs. or less will only be allowed to have one (1) lien holder shown on the etitle. A refinance title application is used when the current Kansas title record indicates a lien holder, which is then paid off (satisfied) and is replaced by a new obligation (lien holder). A lien release from the current lien holder must be received by the Titles and Registrations Bureau within 30 days of the date of the refinance secure title application. Failure to provide the lien release within the required time frame will render the refinance application incomplete. If the application is rendered incomplete, the applicant (owner) will not be able to renew their registration until the original lien is released. If the new (refinancing) lien holder releases their lien before the first (original) lien is released, the vehicle will then have only one (1) lien and the registration may be renewed. INFORMATION FOR MAKING APPLICATION Information required for processing application: 1. An application submitted to the County Treasurer's office. (If the lien holder wishes to receive a receipt for the transaction (TR-200), they must submit the refinance secured application through the county.) An Application for Refinance Secured Title, form number TR-720R, must be fully completed, signed by the owner(s) and the refinancing lien holder and attached to the VIPS application (TR-200). The owner does not have to sign the TR-200, the signature is on the TR-720R. If there are two names or more and they are connected by and, all parties must sign the application. The Refinance Secured Title, form number TR-720R, MUST BE COMPLETED IN ITS ENTIRETY. A signed BLANK TR-720R will be rejected by the Division of Vehicles. 2. A copy of the current Kansas registration receipt showing owner(s) and the current lien holder must be attached to the application for refinance secured title. If the owner does not have their current registration receipt, a duplicate registration receipt must be applied for and the 50 fee collected. The treasurer s office is to confirm that the registration receipt is the most up to date information concerning the number of liens for the vehicle. Do not rely solely on the receipt. 3. The name and address of the current AND the new (refinancing) lienholder, VERY IMPORTANT. 4. The current mileage. 5. If a legal document or power of attorney is used, attach it to the application. 6. Collect the fees. NOTE: If the Refinance Secured Title, form TR-720R does not have all the required signatures, do not process the Refinance Secured application. April County Treasurer's Manual

33 LIEN RELEASE DO NOT FAX THE LIEN RELEASE TO T&R. DO NOT PROCESS A COUNTY LIEN RELEASE APPLICATION ON THE VIPS SYSTEM! These will cause a clear title to be printed, and resulting problems and delays with the refinance secured application. If you have a lien release submitted with a refinance secured title application, the application should be returned to the lienholder with instructions to use the correct secured title application. The refinance title application should only be used when adding a second lien and the lienholder does not have a lien release for the first lien. LIEN RELEASE MUST BE RECEIVED IN T & R WITHIN 30 DAYS If the lien release is not received by T & R within 30 days of the refinance secured application, the application will be rendered incomplete and the registration CANNOT be renewed until one of the liens has been released. There are time requirements for providing a lien release in KSA 8-1,157. If the lien holder has failed to comply with these requirements, the owner may file a Lien Holder Complaint, form TR-156. If the complaint form is completed and filed with the Titles and Registrations Bureau, the owner will be allowed to renew the registration. If the owner completes the Lien Holder Complaint and submits it to the county treasurer s motor vehicle office, please contact T & R for approval to renew the registration. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process ,157 April County Treasurer's Manual

34 REISSUE TITLE When the owner has a properly completed lien release from the lien holder shown on a Kansas paper title, the owner may make application for a reissue title to remove the lien holder s name from the title. NOTE: On and before December 31, 2002, the printed paper titles with the lien holder listed on the front. On and after January 1, 2003, any vehicle that has a lien holder on file will not have a paper title printed until the lien has been released. A Reissue Title cannot be applied for if the vehicle is currently titled as an etitle record INFORMATION FOR MAKING APPLICATION The following are the procedures for processing an application for a Reissue Title: 1. Application submitted to the County Treasurer's office. An application for Secure/Duplicate/Reissue Title, form TR-720B, may be completed, signed by the owner(s) and attached to the VIPS application (TR-200) as proof that the owner signed the application for reissued title. The vehicle owner must sign the application, TR-200, or supporting TR-720B manual application*. If there are two names or more and they are connected by and, all parties must sign the application. * The MINIMUM information on the TR-720B must be: (THIS IS IN ADDITION TO THE OWNER S SIGNATURE(S).) The vehicle information, Owner s name(s) and address, and Lien holder s name(s) and address. A signed BLANK TR-720B may be rejected by the Division of Vehicles. 2. The current Kansas title must be attached to the application for the reissue title. If the title has been lost, the duplicate certification must be completed on the reissue title application. 3. The current mileage is required. April County Treasurer's Manual

35 4. Attach the notarized lien release* to the reissue title application. * Notary requirements are based on the location (State) of the lien holder, not the State that issued the title. If the lienholder is located inside the State of Kansas, the lien release must be notarized, regardless if it is a Kansas title or any other state s title. 6. Collect the fees. DO NOT USE A REISSUED TITLE APPLICATION WHEN: If a vehicle record is to have a lien still listed the reissued title application is NOT to be used. The following are, but not limited to, samples of situation when a reissued title application is NOT TO BE USED: The Kansas paper title has two lien holders listed, one lien is released and the other is to remain. Use the Secured Title Application. The Kansas paper title has one lien holder listed and this lien holder is being replaced with a different lien holder and no lien release has been provided from the first lien holder. Use the Refinance Secure Title Application. The Kansas paper title has one lien holder listed, the lien release for this lien holder is attached and a different lien holder is to be added. Use the Secure Title Application. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

36 INSURANCE COMPANY APPLYING FOR NONHIGHWAY OR SALVAGE TITLE When an insurance company acquires a vehicle through the payment of an insurance claim, the owner will assign the regular title to the insurance company. The Salvage, Nonhighway or Nonrepairable Vehicle Affidavit, form TR-13 must be completed by the insurance company. If the vehicle is titled on an out-of-state title, a copy of the accident report or claim settlement detailing the cause of the claim may be submitted in lieu of a VIN inspection (MVE-1). The insurance company MUST apply for and obtain a nonhighway*, salvage or nonrepairable title in the company name before disposing of the vehicle. * Insurance companies can only apply for a nonhighway title for vehicles that have been stolen. Nonhighway reason-liability insurance discontinued is to be used. Insurance companies are to apply for salvage or nonrepairable titles for all other claim settlements. NOTE: A NONHIGHWAY, SALVAGE OR NONREPAIRABLE TITLE CANNOT BE ISSUED ON ANY TYPE OF TRAILER. An application for title and registration must be made and a license plate issued. STOLEN VEHICLE When an insurance company is applying for nonhighway title for a stolen vehicle, it is strongly suggested that reason "B-liability insurance discontinued" be used instead of a salvage title. If the vehicle is recovered and is damaged, a new salvage title can be issued reflecting damage. If the vehicle is originally titled as salvage and is recovered with no damage, the salvage branding CANNOT be changed. SALES TAX When insurance companies take possession of the title and the vehicle when settling a claim, the vehicle will be exempt from sales tax. SALVAGE, NONHIGHWAY OR NONREPAIRABLE APPLICATION WILL BE PROCESSED WHEN: 1. At least one (1) of the following conditions must be met: The vehicle owner must be a Kansas resident and have a Kansas title in his or her name; &/or The insurance policy must have been written by an agent located and licensed in Kansas (a law enforcement accident report OR an MVE-1 must accompany any out-of-state title); or April County Treasurer's Manual

37 The vehicle owner is from out-of-state, vehicle is titled out-of-state and the insurance policy was written out-of-state, but the vehicle was wrecked in Kansas and IS STILL LOCATED IN KANSAS*. * A Kansas law enforcement accident report must accompany the out-ofstate title when applying for a Kansas salvage, nonhighway or nonrepairable title. The accident report will be used in lieu of the MVE-1 and as proof the accident occurred in Kansas. 2. The assignment of title from the owner (claimant) to the insurance company must be completed. The COMPANY S name and business address (physical location) MUST be on the assignment, including any out-of-state insurance companies. If another agency or entity acts as Power of Attorney for an insurance company, the address of the insurance agency (not the address for the person acting as the Power of Attorney) will be required on the assigned title, title application and issued title. However, a Special Mail Out (SMO) may be requested by the applicant when making application. SALVAGE, NONHIGHWAY OR NONREPAIRABLE APPLICATION WILL NOT BE PROCESSED WHEN: The vehicle is titled out-of-state (out-of-state owner) and an out-of-state insurance agency that wrote the policy and the vehicle was NOT wrecked in Kansas or was wrecked in Kansas but is NOT currently located in Kansas. This will include the situation where the insurance company is headquartered in Kansas, but the vehicle and the agent that wrote the policy are located and licensed in another state. EXAMPLE: ABC Ins. Co. is headquartered in Kansas, but the policy was written in Missouri, vehicle owner is from Missouri, vehicle is located in Kansas salvage pool. A Kansas title of any type cannot be processed, in this example a Missouri title will be required for the salvage pool to dispose of the vehicle. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

38 NONHIGHWAY VEHICLE A nonhighway vehicle means: NONHIGHWAY TITLE Any motor vehicle which cannot be registered because it is not manufactured for the purpose of using the same on the highways of this state and is not provided with the equipment required by state statute for vehicles of such type which are used on the highways of this state; Any motor vehicle, other than a salvage vehicle, for which the owner has not provided motor vehicle liability insurance coverage or an approved self insurance plan under K.S.A , and amendments thereto, and has not applied for or obtained registration of such motor vehicle in accordance with article 1 of chapter 8 of the Kansas Statutes Annotated; or Any all-terrain vehicle (as defined in KSA 8-126); or Any work-site utility vehicle (as defined in KSA 8-126); or Any micro utility truck (as defined in KSA 8-126; or Any recreational off-highway vehicle (as defined in KSA 8-126). NOTE: Nonhighway vehicle shall not include an implement of husbandry, as defined in KSA (KSA 8-197). NONHIGHWAY TITLE A nonhighway title may be issued when a vehicle will not be operated on the streets or highways of Kansas due to one of the following reasons: Code A B Reasons Vehicle not manufactured for street use Liability insurance discontinued A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must be submitted with EVERY nonhighway title application. (Vehicles currently titled in Kansas as Nonhighway INCLUDED.) When a nonhighway vehicle is sold or ownership is being transferred, the nonhighway title must be assigned or re-assigned to the new owner. A vehicle that is titled as nonhighway cannot be issued registration, therefore liability insurance is not required as prescribed by the Kansas Automobile Injury Reparations Act. April County Treasurer's Manual

39 MAKING APPLICATION FOR NON-HIGHWAY TITLE WITHIN 60 DAYS OF DATE OF PURCHASE The owner of a nonhighway vehicle must make application for nonhighway title within 60 days of date of purchase just like any other vehicle. Applications submitted on and after the 61st day must pay the late title penalty. EXCEPTIONS: 1. ATV s owned on July 1, 1996 are not required to apply for a nonhighway title until the owner is going to transfer ownership, which must be done on a nonhighway title. ATV s owned on and after July 2, 1996 must be titled nonhighway within 60 days of date of purchase. 2. Work-site utility vehicles owned on July 1, 2006 are not required to apply for a nonhighway title until the owner is going to transfer ownership, which must be done on a nonhighway title. Work-site utility vehicles owned on and after July 2, 2006 must be titled nonhighway within 60 days of date of purchase. 3. ATV s or work-site utility vehicles may be TRADED-IN TO A KANSAS DEALER using a bill of sale. The dealer will use the bill of sale to apply for a nonhighway title in their name before the dealer transfers ownership to a new buyer. A NONHIGHWAY TITLE CANNOT BE ISSUED ON AN MSO/MCO UNLESS: The vehicle is not manufactured for street use. (This will be stated on the face of the MSO/MCO.) Nonhighway code "A". Vehicle was stolen*. * The police/accident report must be submitted with the MSO/MCO. APPLYING FOR A NONHIGHWAY TITLE A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must accompany all applications for Nonhighway title. (Vehicle currently titled in Kansas as Nonhighway INCLUDED.) The purchaser of a nonhighway vehicle must apply for a new nonhighway title within sixty (60) days of the purchase date; otherwise late title application penalties will be assessed. INSURANCE CLAIM FOR STOLEN VEHICLE When an insurance company acquires a vehicle through the payment of a stolen vehicle insurance claim, the regular title will be assigned to the insurance company by the owner (VIN verifications will not be required on vehicles titled out-of-state, use a copy of the police report instead). The Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, will be marked B-liability insurance discontinued. If the stolen vehicle is recovered with damage, a new Salvage title must be applied for that reflects that condition. April County Treasurer's Manual

40 All other insurance claim settlements must be titled as salvage or nonrepairable. NOTE: A NONHIGHWAY TITLE CANNOT BE ISSUED ON ANY TYPE OF TRAILER. An application for title and registration must be made and a license plate issued. SALES TAX The sale of a nonhighway vehicle is considered a retail sale. Such sale is therefore subject to Kansas sales or compensating use tax, and proof of tax payment is required before a title will be issued. VEHICLE OWNERSHIP TRANSFERRED TO AN INSURANCE COMPANY AS A RESULT OF AN INSURANCE CLAIM IS NOT A RETAIL SALE AND IS EXEMPT FROM SALES TAX. APPLICATION FORMS AND FEES Application for a nonhighway title will be made on title application (form TR-200) processed on VIPS through the Title Processing Menu. In addition, a Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must be fully completed. The appropriate title application fee will be charged. If the application with an assigned title is not made within 60 days of the date of sale, late title application penalties will be due. If an out-of-state title is being submitted as the ownership document, an MVE-1 will be required. If the owner of a vehicle currently titled on an original Kansas title wishes to retitle the vehicle as nonhighway, the license plate from the vehicle that was retitled cannot be transferred to another vehicle or a refund given. The Treasurer is NOT to take the license plate and registration from the owner. IMPLEMENTS OF HUSBANDRY As of July 1, 2009, an implement of husbandry, as defined in KSA 8-126, shall not be included as a nonhighway vehicle. An implement of husbandry which incorporates a motor vehicle (usually a truck, EX: mixer-feeder truck) as the drive component is to be issued a title only. An implement of husbandry which is equipment used in agriculture, such as but not limited to: tractors, combines, etc., cannot apply for nor be issued any type of title &/or registration. If a nonhighway title for an implement of husbandry vehicle is surrendered to a county treasurer s motor vehicle, do not continue titling the vehicle as nonhighway. NOTE: Trailers are not included in the definition of implement of husbandry in KSA In addition, trailers cannot apply for or be issued a title only, except for a dealer title only. Farm trailers hauling 6,000 lbs. or less (weight of the trailer is not include in the 6,000 lbs.) of farm product are exempt from title and registration. If the farm trailer is hauling more than 6,000 lbs., the owner must apply for a title and registration for the trailer. April County Treasurer's Manual

41 ALL TERRAIN VEHICLES-ATV RECREATIONAL OFF-HIGHWAY VEHICLE (ROV) An ATV s has a width of 48 inches or less and weight of 1,000 pounds or less with three or more low-pressure, pneumatic tires, and a straddle seat. K.S.A , subsection (2) exempts ATV s from registration requirements. A ROV has a width of 64 inches or less and dry weight of 2,000 pounds or less with four or more nonhighway tires, a nonstraddle seat and steering wheel for steering control. While a ROV is not listed in K.S.A as exempt for registration, it is defined in K.S.A as nonhighway and therefore cannot be registered. Further, vehicles which may exceed the statutory specifications of ATV s or ROV s, but are nonetheless classified by their manufacturer as off road utility vehicles will not be registered by T&R. The bureau considers these vehicles Non-Highway, since they are not manufactured for highway use and lack the required safety equipment. Attempts to retrofit ATV s or ROV s with safety equipment will not bring them up to registration standards. K.S.A requires the registration of motor vehicles intended to be operated on any highway in this state. Since ATV s and ROV s were manufactured for off road use, they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA) policy position with respect to ATV s and ROV s is consistent with that of T & R and advocates not registering any type of ATV or ROV. All of these types of vehicles are considered taxable personal property and must obtain Non-Highway, Not manufactured for Street Use titles. The operation of ATV s is restricted. K.S.A. 8-15,100 prohibits ATV operation on any interstate highway, federal highway, state highway or within the corporate limits of any city unless authorized by such city. An exception is made for county noxious weed departments, their contractors and KDOT. Any ATV operated within sunset and sunrise must be properly equipped with lights. There are no statutes in article 15 of chapter 8 covering the operation of a ROV. It appears there may be no statutes concerning the operation of a ROV. ATV s owned on July 1, 1996 are not required to apply for a nonhighway title until the owner is going to transfer ownership, which must be done on a nonhighway title. ATV s owned on and after July 2, 1996 must be titled nonhighway within 60 days of date of purchase. All ROV s must be titled as nonhighway within 60 days of purchase. There is no date exemption as with ATV s. WORK-SITE UTILITY VEHICLE MICRO UTILITY TRUCK K.S.A exempts a work-site utility vehicle and a micro utility truck from registration requirements. Further, vehicles which may exceed the statutory specifications of work-site utility vehicles and micro utility trucks but are nonetheless April County Treasurer's Manual

42 classified by their manufacturer as off road utility vehicles will not be registered by T&R. The bureau considers these vehicles Non-Highway, since they are not manufactured for highway use and lack the required safety equipment. Attempts to retrofit a work-site utility vehicle or micro utility truck with safety equipment will not bring them up to registration standards. K.S.A requires the registration of motor vehicles intended to be operated on any highway in this state. Since work-site utility vehicles and micro utility trucks were manufactured for off road use, they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA) policy position with respect to work-site utility vehicles and micro utility trucks are consistent with that of T & R and advocates not registering any type of work-site utility vehicles or micro utility trucks. All of these types of vehicles are considered taxable personal property and must obtain Non-Highway, Not manufactured for Street Use titles. The operation of work-site utility vehicles and micro utility trucks is restricted. K.S.A. 8-15,109 for work-site utility vehicles and K.S.A. 8-15,106 for and micro utility trucks prohibits operation on any interstate highway, federal highway, state highway or within the corporate limits of any city unless authorized by such city. An exception is made for county noxious weed departments, their contractors and KDOT. Any work-site utility vehicles and micro utility trucks operated within sunset and sunrise must be properly equipped with lights. Work-site utility vehicles owned on July 1, 2006 are not required to apply for a nonhighway title until the owner is going to transfer ownership, which must be done on a nonhighway title. Work-site utility vehicles owned on and after July 2, 2006 must be titled nonhighway within 60 days of date of purchase. All micro utility trucks must be titled as nonhighway within 60 days of purchase. There is no date exemption as with work-site utility vehicles VEHICLES TITLED NONHIGHWAY PRIOR TO JULY 1, 2000 Vehicles that were titled as nonhighway prior to July 1, 2000 may not be titled with the same nonhighway reason when a new Kansas nonhighway title is issued. The following chart will help with the conversion: Previous Nonhighway Code New Nonhighway or Salvage Code C-NH: Non-compliance of required safety equipment A-NH: Vehicle not manufactured for street use E-NH: Exempt from registration for street use A-NH: Vehicle not manufactured requirements G-NH: Theft or theft recovery-no damage B-NH: Liability insurance discontinued J-NH: Vehicle salvage or totaled 1-SV: Salvage due to wrecked or damaged NOTE: Vehicles titled as nonhighway prior to July 1, 2000 due to: wrecked or damaged (not salvage or totaled); flood or hail; or fire, will continue to be titled as nonhighway for this reason. If a vehicle HAS NOT BEEN TITLED as nonhighway or April County Treasurer's Manual

43 WITH A DIFFERENT nonhighway reason, the vehicle cannot be titled with these nonhighway reasons and must be titled as Salvage. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process , April County Treasurer's Manual

44 FORMERLY NONHIGHWAY TITLE TRANSFERRING VEHICLE FROM NONHIGHWAY TO FORMERLY NONHIGHWAY STATUS Prior to completing an application for a roadworthy Kansas certificate of title, all vehicles transferred from nonhighway to formerly nonhighway status must have a VIN inspection. A completed MVE-1 form must accompany the application for formerly nonhighway title. Vehicles titled Nonhighway as Not Manufactured for Street Use CANNOT be titled as Formerly Nonhighway under any condition. SALES TAX The sale of a nonhighway or formerly nonhighway vehicle is considered a retail sale. Such sale is therefore subject to Kansas sales or compensating use tax, and proof of tax payment is required before a title will be issued. RESTORED VEHICLES A nonhighway titled vehicle that has been restored to a roadworthy condition and which the owner/purchaser desires to register must present the following when applying for formerly nonhighway title and registration: Completed MVE-1, Nonhighway title in the owner's name or properly reassigned title to the purchaser, Proof of insurance. NOTE: Cannot apply for rebuilt salvage unless vehicle has been titled previously salvaged. PRIOR TO JULY 1, 2000 CODES 1, 2000 (These codes can no longer be used when making application for a nonhighway title using a clear, salvage or rebuilt salvage branded Kansas or out-of-state title): W ---- Wrecked or damaged T Flood or hail S Fire April County Treasurer's Manual

45 FORMERLY NONHIGHWAY REASONS A formerly nonhighway title may be issued when a nonhighway vehicle will be operated on the streets or highways of Kansas. One of the following reasons will be branded on the title: Code Q Y Reasons Due to the vehicle being an implement of husbandry Due to liability insurance discontinued. VEHICLES TITLED FORMERLY NONHIGHWAY PRIOR TO JULY 1, 2000 Vehicles that were titled as formerly nonhighway prior to July 1, 2000 may not be titled with the same formerly nonhighway reason when a new Kansas formerly nonhighway title is issued. The following chart will help with the conversion: Previous Nonhighway Code New Nonhighway or Salvage Code R-FN: Vehicle salvage or totaled 4-RS: Rebuilt salvage due to previously being wrecked or damaged U-FN: Theft recovery, no damage V-FN: Exempt from registration Y-FN: Liability insurance discontinued Z-FN: Not manufactured for street use requirements W-FN: Non-compliance of required safety equipment Z-FN: Not manufactured for street use F-FN: Previous nonhighway reason unknown This code and reason is eliminated NOTE: Vehicles titled as formerly nonhighway due to: wrecked or damaged (not salvage or totaled); flood or hail; or fire, will continue to be titled as formerly nonhighway for these reasons. If a vehicle has not been titled as formerly nonhighway or with a different formerly nonhighway reason, the vehicle cannot be titled with these reasons and must be titled as rebuilt salvage. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process a April County Treasurer's Manual

46 SALVAGE TITLE TRAILERS TRAILERS CANNOT BE TITLED AS SALVAGED. ANY TRAILER NEEDING A TITLE WILL BE REQUIRED TO APPLY FOR TITLE AND REGISTRATION, REGARDLESS OF THE TRAILER S OPERATING CONDITION. (Licensed Kansas dealers may apply for Title Only for a Trailer in inventory.) SALVAGE VEHICLE The following definitions are the points at which a vehicle MUST be designated as salvage. A vehicle may be declared salvage at any time before these points are met and the insurance company or the owner wishes to declare the vehicle as salvage. A salvage vehicle means: (A) Any motor vehicle, other than a late model vehicle, which is of a type required to be registered in this state, but which cannot be registered because it has been wrecked or damaged to the extent that: The equipment required by state statute on any such vehicle used on the highways of this state is not present or is not in good condition or proper adjustment, as prescribed by state statute or any rules and regulations adopted pursuant thereto, or such vehicle is in an inoperable condition or a condition that would render the operation thereof on the highways of this state a hazard to the public safety; and in either event, such vehicle would require substantial repairs to rebuild or restore such vehicle to a condition which will permit the registration thereof; (B) A late model vehicle which is of a type required to be registered in this state and which has been wrecked or damaged to the extent that the total cost of repair is 75% or more of the fair market value of the motor vehicle immediately preceding the time it was wrecked or damaged and such condition was not merely exterior cosmetic damage to such vehicle as a result of windstorm or hail; or (C) A motor vehicle, which is of a type required to be registered in this state that the insurer determines is a total loss and for which the insurer takes title; April County Treasurer's Manual

47 LATE MODEL VEHICLE A late model vehicle means any motor vehicle which has a manufacturer's model year designation of or later than the year in which the vehicle was wrecked or damaged or any of the six preceding years: EX: If the wreck occurred in 2008, and if the vehicle has a model year of 2008 (year of the wreck) or is a 2001 or newer it will be considered as a late model vehicle. FAIR MARKET VALUE Fair market value means the retail value of a motor vehicle as: (A) Set forth in a current edition of any nationally recognized compilation, including an automated database of retail value; or (B) Determined pursuant to a market survey of comparable vehicles with regard to condition and equipment; COST OF REPAIRS Cost of repairs means the estimated or actual retail cost of parts needed to repair a vehicle plus the cost of labor computed by using the hourly labor rate and time allocations for automobile repairs that are customary and reasonable. Retail costs of parts and labor rates may be based upon collision estimating manuals or electronic computer estimating systems customarily used in the automobile industry. The total cost of repairs to rebuild or reconstruct the vehicle shall not include the cost of repairing, replacing or reinstalling tires, sound systems, or any sales tax on parts or materials to rebuild or reconstruct the vehicle. SALVAGE TITLE A salvage title may be issued when a vehicle cannot be operated on the streets or highways of Kansas for one of the following reasons: Code Reasons 1 Salvage due to being wrecked or damaged. 2 Salvage due to flood damage. 3 Salvage due to fire damage. April County Treasurer's Manual

48 A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must be submitted with EVERY salvage title application. (This includes vehicles currently titled in Kansas as salvage.) The owner making application for the salvage title must sign the affidavit. When a salvage vehicle is sold or ownership is being transferred, the salvage title must be assigned or re-assigned to the new owner. A vehicle that is titled as salvage cannot be issued registration, therefore liability insurance is not required as prescribed by the Kansas Automobile Injury Reparations Act. A vehicle that has been titled as salvage will always have the salvage or, after meeting requirements, rebuilt salvage branding on its Kansas title. EXCEPTION: If a new Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, TR- 13, is completed declaring the vehicle as nonrepairable. A SALVAGE TITLE CANNOT BE ISSUED ON AN MSO/MCO UNLESS: If the vehicle was involved in an accident WITHIN 60 days of the purchase date, and the County Treasurer approves, the owner may make application for a salvage title. A copy of police/accident report must be submitted with the MSO. If the vehicle is still in the new vehicle dealer s inventory and is designated as salvage, the dealer or insurance company may apply for a salvage title with an MSO and a copy of the law enforcement accident report or insurance settlement detailing the cause of the designation. APPLYING FOR A SALVAGE TITLE NOTE: It is unlawful for any person to sell or transfer the ownership of any salvage vehicle, unless such person shall assign to the purchaser thereof a salvage title. The exception will be the owner of a salvage vehicle assigning the title to an insurance company as part of the claim settlement. When a claim settlement is involved, the owner will not be required to obtain a salvage title. (KSA 8-199) April County Treasurer's Manual

49 A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, must accompany all applications for salvage titles. (Vehicles currently titled in Kansas as salvage included.) The purchaser of a salvage vehicle must apply for a new salvage title within sixty (60) days of the purchase date; otherwise late title application penalties will be assessed. When an insurance company takes possession of a vehicle as the result of a claim settlement, a salvage title must be applied for in the company s name, unless it is a settlement of a stolen vehicle claim*. * STOLEN VEHICLE When an insurance company is applying for a title as a result of a STOLEN vehicle claim, a nonhighway B-liability insurance discontinued reason should be marked on the Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, TR- 13. If the vehicle is recovered with damage, a new salvage title should be applied which reflects the condition of the recovered vehicle. SALES TAX The sale of a salvage vehicle is considered a retail sale. Such sale is therefore subject to Kansas sales or compensating use tax, and proof of tax payment is required before a title will be issued. VEHICLE OWNERSHIP TRANSFERRED TO AN INSURANCE COMPANY AS A RESULT OF AN INSURANCE CLAIM IS NOT A RETAIL SALE AND IS EXEMPT FROM SALES TAX. APPLICATION FORMS AND FEES Application for a salvage title will be made on title application, form TR-200, processed on VIPS through the Title Processing Menu. In addition, a Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, TR-13, must be fully completed. The appropriate title application fee will be charged. If the application for a new salvage title is not made within 60 days of the date of sale, late title application penalties will be due. April County Treasurer's Manual

50 If the owner of a vehicle currently titled with an original Kansas title wishes to retitle the vehicle as salvage, the license plate(s) from the retitled vehicle CANNOT be transferred to another vehicle nor can a refund be given. Upon application for the salvage title, the owner will retain his or her tag so it may be transferred back onto the vehicle after it is inspected by the Kansas Highway Patrol and an application for rebuilt salvage title is processed. VEHICLE CURRENTLY TITLED AS NONHIGHWAY OR FORMERLY NONHIGHWAY The following nonhighway (NH) and formerly nonhighway (FN) codes will be eliminated or incorporated into the codes listed below: Previous NH or FN Codes C-NH: Non-compliance of required safety equipment E-NH: Exempt from registration requirements G-NH: Theft or theft recovery-no damage J-NH: Vehicle salvage or totaled New Codes for Salvage, NH or FN A-NH: Vehicle not manufactured for street use A-NH: Vehicle not manufactured for street use B-NH: Liability insurance discontinued 1-SV: Salvage due to wrecked or damaged R-FN: Vehicle salvaged or totaled 4-RS: Rebuilt salvage due to previously being wrecked or damaged U-FN: Theft recovery, no damage Y-FN: Liability insurance discontinued V-FN: Exempt for registration requirements W-FN: Non-compliance of required safety equipment F-FN: Previous nonhighway reason unknown Z-FN: Vehicle not manufactured for street use Z-FN: Vehicle not manufactured for street use THIS CODE AND REASON IS ELIMINATED Refer to Nonhighway Titles-Vehicles Titled Nonhighway Prior to July 2000 in the Nonhighway Title pages for additional information concerning vehicles previously titled as nonhighway. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

51 REBUILT SALVAGE VEHICLE REBUILT SALVAGE TITLE When a salvage vehicle has been rebuilt or restored or is otherwise in a condition which will allow the registration, such vehicle is considered a rebuilt salvage vehicle. The statutory definition is: rebuilt salvage vehicle means any motor vehicle previously issued a salvage title. REGISTRATION OF A VEHICLE THAT IS TITLED AS SALVAGE Prior to completing an application for a Kansas rebuilt salvage certificate of title, vehicles that are titled as salvage must have a VIN verification completed by Kansas Highway Patrol. Law enforcement designees such as county sheriffs or municipal police departments are not authorized to conduct inspection of vehicles that have salvage titles or rebuilt salvage titles. A completed MVE-1 form must accompany the application for the rebuilt salvage title. In addition to completing the MVE-1, the Highway Patrol will affix a decal to the left door frame of the rebuilt salvage vehicle indicating the vehicle identification number of such vehicle and that such vehicle is a rebuilt salvage vehicle. The MVE-1 should have the decal number record thereon and will have a $15 fee indicated, $10 for the inspection and $5 for the decal. SALES TAX The sale of a salvage or rebuilt salvage vehicle is considered as a retail sale. Such sale is therefore subject to Kansas sales or compensating use tax, and proof of tax payment is required before a title will be issued. SALVAGE POOLS SALES TAX COLLECTION Salvage pools should be collecting sales tax when selling to an individual, however they will not issue sales tax receipts on the STD-8 s as only licensed dealers issue these forms. If they do not collect the sales tax, the individual should be sent back to the salvage pools so they can collect the sales tax. The invoices may vary depending on which salvage pool is issuing the document. You need to accept these forms as proof that sales tax has been collected. On the VIPS systems, enter an E in the sales tax code field. On the sales tax exemption screen enter under other, salvage pool collected sales tax. Remember to attach the invoice with the paper work coming to Titles and Registrations. April County Treasurer's Manual

52 MAKING APPLICATION FOR REBUILT SALVAGE TITLE Vehicles titled as salvage that have been rebuilt or restored to roadworthy condition and the owner/purchaser desires to register must present the following when making application for a rebuilt salvage title: Completed MVE-1, Salvage title in the owner's name or properly assigned salvage title to the applicant, Proof of insurance. REBUILT SALVAGE REASONS A rebuilt salvage title may be issued when a salvage vehicle will be operated on the streets or highways of Kansas, with one of the following reasons branded on the title: Code Reasons 4 Rebuilt Salvage due to being wrecked or damaged. 5 Rebuilt Salvage due to flood damage. 6 Rebuilt Salvage due to fire damage. FORMERLY NONHIGHWAY TITLED VEHICLE Vehicles currently titled as formerly nonhighway (FN) due to salvage or totaled (reason R) will, at the time of application for a new Kansas title, be titled as rebuilt salvage (RS) due to previously wrecked or damaged (reason 4). An MVE-1 is not required to change the brand from formerly nonhighway to rebuilt salvage. MAKING APPLICATION FOR SALVAGE AND REBUILT SALVAGE ON THE SAME DAY The Titles and Registrations Bureau and the Kansas Highway Patrol (KHP) have worked out a method to allow for the same day application for salvage and rebuilt salvage titles for owner retained salvage vehicles which has been rebuilt or restored or is otherwise in a condition which will allow the registration of such vehicle restored or repaired the vehicle when the owner has not previously obtained a salvage title. (This generally occurs with an owner retained vehicle from an insurance settlement.) There will be two (2) different applications for the rebuilt salvage title, new tag or transfer with a rebuilt salvage title type. NOTE: If your county has KHP inspection on a limited number of days each week, please instruct your customer to wait until the day(s) the KHP inspection can be completed so they can take care of all the requirements on the same day. 1. The owner will need to make application for a salvage title at their local county treasurer s motor vehicle office. They will need to complete and submit a Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, and current title or if an etitle the current registration receipt. Attach this paperwork to the Salvage title application. Ask the customer if they are planning on also completing April County Treasurer's Manual

53 the Rebuilt Salvage title application on this same day. If they say yes, hold the salvage title application aside so you can attach the two applications together before placing into your daily report. 2. The customer will need to purchase an Inspection (One Day) Permit in order to drive the vehicle from the Treasurer s office to the inspection station (not necessary if your county has the inspection station in the same building as the motor vehicle office). Follow the requirements for issuing Inspection Permit. The division will not advise people how to drive from the inspection station back home then return to the county s motor vehicle office. 3. The customer will need to take the receipt for the salvage title (TR-200) and the vehicle to the KHP inspection station and obtain the MVE-1 and have the rebuilt salvage decal affixed. 4. Once the vehicle has been inspected and the MVE-1 issued, the customer can return to the county s motor vehicle office and make application for the rebuilt salvage title. They will need to submit all the required documentation for a rebuilt salvage title. Complete the application for rebuilt salvage title and registration and attach it to the previous salvage title application. The salvage title application must be processed before the rebuilt salvage title application or the VIPS system will show the vehicle as last titled as salvage, which will cause problems with law enforcement if the registration is checked. 5. Titles and Registrations will issue the salvage title, attach it to the rebuilt salvage application and issue the rebuilt salvage title. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process a April County Treasurer's Manual

54 NONREPAIRABLE VEHICLE CERTIFICATE NONREPAIRABLE VEHICLE Nonrepairable vehicle means any motor vehicle which has been damaged, destroyed, wrecked, burned or submerged in water to the extent that such motor vehicle is incapable of safe operation for use on roads or highways and has no resale value except as a source of parts or scrap only. A vehicle owner may also IRREVERSIBLY designate his or her vehicle as a source of parts or scrap. The Division of Vehicles does not designate a vehicle as nonrepairable. The insurance company or vehicle owner makes this designation. If a vehicle owner does not agree with the designation made by an insurance company, please have them contact the Kansas Insurance Department at (785) for assistance. NONREPAIRABLE VEHICLE CERTIFICATE A nonrepairable vehicle certificate means a motor vehicle ownership document issued by the division designating that vehicle a nonrepairable vehicle. Once a nonrepairable vehicle certificate has been issued, the vehicle described thereon will never be titled or registered by the division for use on the roads or highways of this state. Only one (1) nonrepairable title can be issued. If the title is lost, it will cost $20.00 ($10.00 for verification, $10.00 duplicate title fee) for a Nonrepairable letter to be issued by Titles and Registration management. A Nonrepairable letter is only valid when signed in blue ink by a member of the Titles and Registrations Bureau management and embossed seal of the Kansas Department of Revenue on the letter and the verification. ONLY one (1) Nonrepairable letter will be issued. APPLYING FOR A NONREPAIRABLE VEHICLE CERTIFICATE The owner of a vehicle that meets the definition of a nonrepairable vehicle shall apply to the division for a nonrepairable vehicle certificate before the ownership of the motor vehicle is transferred. The applicant must submit: A Salvage, Nonhighway or Nonrepairable Vehicle Title Affidavit, form TR-13, and mark the affidavit that the vehicle is Nonrepairable and a title showing the applicant as owner. AN INSURANCE COMPANY IS THE ONLY APPLICANT FOR NON-REPAIRABLE WHICH CAN SUBMIT AN ASSIGNED TITLE AS THE OWNERSHIP DOCUMENT. April County Treasurer's Manual

55 An individual or business (not an insurance business) CANNOT submit an assigned title to apply for a nonrepairable certificate. The owner will need to apply for title and registration in their name first, then apply for the nonrepairable certificate with the new Kansas title in their name. Application for nonrepairable vehicle certificate must be made within 60 days of: Assignment of title to insurance company, or Notification by the insurance company to the owner retaining possession that the vehicle is nonrepairable. MVE-1 If the applicant is submitting an out-of-state title (with their name as owner on the front) a Motor Vehicle Examination (MVE-1) will be required. The vehicle will need to be hauled on a trailer to the inspection station. If the applicant is an insurance company submitting an out-of-state title a copy of the accident report must be submitted in lieu of obtaining an MVE-1 from the Kansas Highway Patrol. INSURANCE COMPANY-DAMAGE SETTLEMENT FOR NONREPAIRABLE VEHICLE INSURANCE COMPANY ACQUIRES OWNERSHIP Every insurance company acquiring ownership of a vehicle that has incurred damage requiring the vehicle to be designated a nonrepairable vehicle shall apply for a nonrepairable vehicle certificate within 60 days after the title is assigned and delivered by the owner to the insurance company, with all liens released. Late title application penalty will be accessed after 60 days. OWNER RETAINS POSSESSION An insurance company settling a claim for a vehicle that has incurred damage requiring such vehicle to be designated a nonrepairable vehicle, but does not acquire ownership of the vehicle, shall notify the vehicle owner of the owner's obligation to apply for a nonrepairable vehicle certificate for the motor vehicle. The vehicle owner shall apply to the division for a nonrepairable vehicle certificate within 60 days after being notified by the insurance company of his or her obligation. application penalty will be accessed after 60 days. Late title The insurance company shall notify the division that the vehicle is designated a nonrepairable vehicle and that the owner has retained possession of the vehicle. A copy of the notification given to the owner showing the vehicle s year, make and VIN and the owner s name will be acceptable to meet this requirement. The division will April County Treasurer's Manual

56 place a STOP on the vehicle s record to prohibit the registration or renewal of registration and/or to stop all title applications except an application for a nonrepairable title. LEASED VEHICLES The lessee of any vehicle which incurs damage requiring the vehicle to be designated a nonrepairable vehicle shall notify the lessor of this fact within 60 days of the determination that the vehicle is a nonrepairable vehicle. The lessor of any motor vehicle that has incurred damage requiring the vehicle to be titled as a nonrepairable vehicle shall apply to the division for a nonrepairable vehicle certificate within 60 days after being notified of this fact by the lessee. Late title application penalty will be accessed after 60 days. DIVISION OF VEHICLES Upon notification of a vehicle's designation as a nonrepairable vehicle, the division shall update the vehicle s record so that the only ownership certificate issued after that date will be a nonrepairable vehicle certificate. Once notified, the division will only issue a nonrepairable vehicle certificate, regardless of the type of ownership document and/or the type of application submitted. TRANSFERRING A NONREPAIRABLE VEHICLE CERTIFICATE Only one nonrepairable vehicle certificate will be issued for a vehicle. A nonrepairable vehicle certificate will only have one assignment on the back, which is to be used to assign the vehicle to a licensed salvage dealer or to a vehicle crusher. DISPOSING OF A NONREPAIRABLE VEHICLE Any motor vehicle transferred through the use of a nonrepairable vehicle certificate shall be dismantled, disassembled or recycled AND MAY NOT BE SOLD AS A UNIT AT RETAIL. When the nonrepairable vehicle has been dismantled, disassembled or recycled and such vehicle is sold to a scrap processor for recycling after the salvageable parts have been removed, the owner shall surrender the nonrepairable vehicle certificate to the April County Treasurer's Manual

57 division. The word recycled should be written or stamped across the face of the nonrepairable vehicle certificate. No certificate of title of any type shall be issued nor any registration allowed for the vehicles declared as nonrepairable. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process c April County Treasurer's Manual

58 KANSAS CORRECTED TITLE REASONS FOR CORRECTING A KANSAS TITLE A corrected title can be applied for to correct the following information on the face of the Kansas title: Year, Make &/or VIN number Salvage reason or status Rebuilt Salvage reason or status Mileage and/or mileage status Nonhighway reason or status Formerly Nonhighway reason or status Spelling error in: owner s name(s); transfer on death (TOD) benefactor s name(s); lien holder s name. Adding a MISSING Name(s) that WAS LISTED on the title assignment Removing a Name(s) that WAS NOT listed on the title assignment CORRECTED TITLE CANNOT BE USED FOR THE FOLLOWING A corrected title CANNOT be applied for to correct the following information on the face of the Kansas title: Adding a lien (See Secured Title) Removing a lien (See Reissue Title) Changing/correcting the owner s address Adding a Special Mailing Order (SMO) Adding a Name(s) that WAS NOT on the assigned title Removing a Name(s) that WAS on the assigned title These types of changes will require a new title application (secured, reissued or original). MAKING APPLICATION FOR A CORRECTED TITLE To make application to correct a Kansas title, the e-title receipt (TR-200) or paper title must be submitted to the County Treasurer s motor vehicle office. On the corrected title application (TR-200), use a RED pen and circle the information that has been corrected (information on the application that was changed). The VIPS system will not allow you to change lien holder information on the screen. Therefore, if the lien holder s information is being corrected, printing the corrected title receipt, circle the lien holder in RED ink then write the correct lien holder information on the receipt next to the lien holder s information printed by the system. Attach the title or etitle registration receipt to the corrected title application. April County Treasurer's Manual

59 The new corrected title receipt will be the owner s registration receipt for etitle records. NO FEE FOR CORRECTED TITLE APPLICATION A corrected title application is a NO FEE application. The Titles and Registrations Bureau (T & R) will research the error. If the information provided by the applicant was miss keyed on the original application by the county or T & R, there will be no charge for the correction. If the information printed on the title matches the information on the assigned title and/or supporting documents, a title fee will be necessary and T & R will send correspondence to the applicant requesting the title fee before the correct title will be issued. If the microfilm record does not support the change, T & R will mail the title or etitle registration receipt back to the customer and advise them to make application for a transfer at the county treasurer s office. If research specifies, an MVE-1 form may be required. NOTE: Do not contact T & R to request the retrieval of microfilm records before submitting the application for corrected title. T & R will pull the microfilm records on each corrected title application as part of the process of correcting the title. KANSAS ADMINISTRATIVE REGULATION (K.A.R) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

60 FOREIGN TITLED VEHICLE (OUT-OF-COUNTRY TITLE) When a vehicle is being brought into the United States from Canada, Mexico or from overseas and the vehicle has been titled and/or registered in that country, it MUST be inspected by the U. S. Custom Services and issued import papers. Countries or territories that are exempt from U.S. Custom Services documents are: District of Columbia, Puerto Rico, Northern Mariana Islands, Guam, American Somoa, and The Virgin Islands. The following ownership AND custom/import paperwork will be needed: OWNERSHIP - Must have one of the following: USAEUER or Registration ( ) and MVE-1 Title and MVE-1 MSO/MCO (no MVE-1 required) CUSTOM AND IMPORT PAPERS - The following is a list of some of, but not limited to, the most common documents. Must have one of the following: HS-7 form DD1252 DD1282 DD A U. S. Customs Invoice from a U. S. Customs Broker that has a date stamp showing that the vehicle has been inspected by Customs. Optional: 3501 EPA (if requesting any of the above documents, ask for this) MOTORCYCLES come in as household goods. motorcycle as the import papers. Use documents that list the EXCEPTION: If the vehicle is shipped by Overseas Military Sales (OMSC), custom documents are not required. If the abbreviation OMSC is on an MSO or MCO as the originating dealer, customs documents are not required. The vehicle must have the MVE-1 completed, except vehicles with only an MSO as the ownership document. If the USAREUR states there is a lien holder or has the word CONUS in the lien holder space, the application will be logged to a title team associate to have a letter sent to the lien holder for the ownership document they are holding. April County Treasurer's Manual

61 HELPFUL FEDERAL LINKS Kansas City Port of Entry Wichita Port of Entry Personal Vehicle for Personal Use April County Treasurer's Manual

62 NEGOTIABLE & NON-NEGOTIABLE TITLES NEGOTIABLE AND NON-NEGOTIABLE TITLES NEGOTIABLE TITLE is any Kansas title, or a title issued by another titling jurisdiction, which is a conveyable or transferable title used as the ownership document and to assign to a new buyer. NON-NEGOTIABLE TITLE is a Kansas title which is issued to an out-of-state (foreign) owner or a Kansas resident leasing a, semi-trailer and/or heavy truck or trucktractor and needs a Kansas registration to operate in Kansas. A non-negotiable title is nontransferable and cannot be used as proof of ownership or to assign ownership to a new buyer. A non-negotiable title is issued for registration purposes only. WHEN IS A NON-NEGOTIABLE NEEDED An out-of-state (foreign) owner or a Kansas resident leasing a heavy truck or semitrailer and operating same in Kansas for 30 days or more is required to display a Kansas registration in his or her name or business name. WHEN A NON-NEGOTIABLE IS NOT ISSUED Kansas non-negotiable titles are not issued on the following classes of registration: 1. Passenger Cars 2. Light Trucks 3. Motorcycles An application for Kansas title and registration is required for these types of vehicles. MAKING APPLICATIONS FOR NON-NEGOTIABLE TITLE/REGISTRATION Application for a Non-Negotiable title is made in the County Treasurer s Motor Vehicle Office of the county in which the vehicle is garaged/maintained. LEASING A HEAVY TRUCK OR SEMI-TRAILER BY A KANSAS RESIDENT A Negotiable and Non-Negotiable title is required when a Kansas resident or business is leasing a heavy truck or trailer and will be operating same in Kansas for over 30 days and county registration (non-prorate registration) is required. Application for the negotiable title and the non-negotiable title and registration is to be made in the county in which the lessee resides or in which the truck or trailer is garaged. LESSOR/OWNER - NEGOTIABLE TITLE The lessor will need to have the truck or trailer titled in their name in Kansas or in the state in which they business is located. If the truck or trailer is to be titled in Kansas but has not yet done so, an application for a negotiable title (title only) is required*. (These will be two separate transactions, negotiable title and nonnegotiable title. Please paper clipped together before being placed in the county s April County Treasurer's Manual

63 daily report.) If the lessor is not going to make the application in person, a completed power of attorney, form TR-41, or Title and Registration Application, form TR-212 will be needed. If the foreign (out-of-state) title is to be returned to the out-of-state owner/lessor due to interstate operations, a Foreign Title Approval for Non-Negotiable Title, form TR- 52, is to be completed and signed by the County Treasurer as well as attaching a copy of the front and back of the foreign title. LESSEE/OPERATOR - NON-NEGOTIABLE TITLE The lessee will be applying for a non-negotiable title and registration. The following documentation must be included with the non-negotiable title application: A copy of the lease agreement, signed by both the lessor and the lessee must be presented and attached to the non-negotiable title application. Proof of negotiable title. One of the following: Copy of the front and back of a Kansas title in the name of the lessor listed on the lease agreement. Attach to non-negotiable title application. The Foreign Title Approval for Non-Negotiable Title, form TR-52, with a copy of the front and back of the out-of-state title attached. Attach to the nonnegotiable title application. Application for a title only (negotiable title) in the name of the lessor shown on the lease agreement. Paper clip the title only and non-negotiable title applications together*. A non-transferable title will be issued to the lessee with the branding NON- NEGOTIABLE across the top. The lessee will be responsible for all registration fees, non-negotiable title fee and the property taxes. The lessee will be responsible for all fees and taxes for the trailer or heavy truck. Once a non-negotiable title is issued, the assignment space on the back of the title will be stamped Non-Transferable. * When processing both a negotiable (title only) and non-negotiable applications, THE NEGOTIABLE TITLE APPLICATION MUST BE PROCESSED FIRST ON THE VIPS SYSTEM. This procedure will ensure that the registration record (non-negotiable title) remains on the master file and that a registration renewal notice will be generated. The negotiable (title only) and the non-negotiable title applications must be paper clipped together and placed in the daily report. April County Treasurer's Manual

64 POWER OF ATTORNEY If the lessor gives the lessee a Power of Attorney or visa versa, then just one of the parties need apply for both the negotiable and non-negotiable title and registration. Kansas power of attorney form is the TR-41. OUT-OF-STATE OWNER OPERATING IN KANSAS A non-resident heavy truck or trailer owner which is currently titled in another state and who is in Kansas temporarily (30 days or longer) for a job assignment must apply for a Kansas non-negotiable title and registration. A Kansas negotiable title will not be applied for as long as the vehicle is currently titled and registered in the owner s name in another state. The purpose of the non-negotiable title is for a non-resident owner to secure a Kansas registration to operate within Kansas. The identifying word "NON-NEGOTIABLE" will be printed across the top of the face of the title. The applicant is required to exhibit a copy of the negotiable out-of-state title and a current year out of state registration receipt. The out of state title and registration receipt is returned to the owner after being witnessed and copied by the County Treasurer. If the vehicle is not currently titled in the applicant s name (newly purchased), applicant is required to surrender the vehicle ownership documents (assigned MSO/MCO, title or registration receipt if from a non-titling jurisdiction) and apply for a negotiable (title only) Kansas title in addition to the non-negotiable title. The County Treasurer is required to complete a TR-52, Foreign Title Approval for Non-Negotiable Title, and attach the completed TR-52 and a copy of the title and registration receipt to the TR-200 non-negotiable title and registration application. KANSAS ADMINISTRATIVE REGULATION (K.A.R) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

65 LEASED AUTOS AND LIGHT TRUCKS LEASED AUTOS are not eligible for non-negotiable titles. Only a negotiable title in the name of the lessor with the lessee s name and address shown, as In Care Of (c/o) will be issued. NOTE The name(s) and relationship code entered on the title application must be exactly as they appear on the assignment of title/mso/mco. Any changes in the name(s) or relationship code must be accompanied by an affidavit. Notarized lienholder consent will also be needed, if applicable. SIGNING TITLE APPLICATION AND/OR RENEWALS TITLE APPLICATION The application for title and registration may be signed by the lessee s listed on the title assignment as the in care or (c/o) or by someone from the dealership that sold the vehicle to the leasing company. It will be the dealership s responsibility to have authorization to act for the leasing company in their files if questioned why they signed. Do not require authorization from the leasing company for the person signing the title application. The application is to be signed, Leasing Company s Name by Person Signing. EX: ABC Leasing by John Smith. REGISTRATION RENEWAL NO IN CARE OF, C/O If the lessee s name is not listed as an in care of (c/o) on the vehicle record, and the lessor is not taking care of the registration renewal, a power of attorney from the lessor authorizing the lessee (or anyone else) to sign the registration renewal will be required. EX: TNR Leasing 915 NW Main Topeka, Kansas April County Treasurer's Manual

66 THERE IS AN "IN CARE OF, C/O" If the person signing the registration renewal is the same person shown on the vehicle record as the lessee (listed as the "in care of" (c/o) ), a power of attorney will not be required. EX: TNR Leasing c/o Sam Smith 915 NW Main Topeka, Kansas Sam Smith would NOT require a power of attorney to sign the title application, however, if Mary Brown would be signing the application, a power of attorney from TNR Leasing WILL be required. LESSEE IS A COMPANY/BUSINESS If the lessee s name shown on the assignment is a company or business, the person signing the title application will be required to have a power of attorney from the lease company (lessor) or the company or business. EX: TNR Leasing c/o Smith Company 915 NW Main Topeka, Kansas Any individual (EX: Sam Smith) signing for the Smith Company WILL require a power of attorney from either the lease company (TNR Leasing) or the lessee (Smith Company). April County Treasurer's Manual

67 ANTIQUE VEHICLE TITLE ONLY OR ANTIQUE TITLE AND REGISTRATION WHAT IS AN ANTIQUE VEHICLE An antique vehicle is any vehicle that is thirty-five (35) years old or older, propelled by a motor using petroleum fuel, steam or electricity or combination thereof. Owners of such vehicles may be issued a Kansas certificate of title with the words "Antique" on the face of the title. To quality as an antique the vehicle must be as close to the original as possible, without any significant alternations to the major component parts (motor, transmission, frame, wheels and tires or body). Replacement motors and/or major component parts 1 must be of the same vintage 2 as the model year of the antique vehicle. Modifying or installing a newer and/or different style of motor and/or transmission into a vehicle with a model year that is 35 years old or older would not constitute an antique vehicle. This includes, but is not limited to, mounting tires and wheels which are not the same size or the modern-day equivalent as that installed by the manufacturer for that model year vehicle. A modified vehicle would be considered an assembled vehicle, because the non-antique motor and/or tires and wheels disqualifies the vehicle for antique status. 1 Major component part means any vehicle part including the front clip, rear clip, doors, frame, chassis, engine, transmission, transaxle, cab, bed and box bearing the public vehicle identification number or engine number, if manufactured prior to 1981; or any vehicle part bearing a derivative of such number. 2 Vintage means of the same make (EX: Chevy, Ford, Chrysler, etc) and manufactured within 5 years before or 5 years after the model year of the vehicle and/or was manufactured to the same style and specifications as the original part that was replaced. ASSEMBLED ANTIQUE VEHICLE An antique vehicle may be assembled as long as the major component parts are from the same vintage vehicle(s). See the definition of major component parts and vintage above. EXAMPLE: A MAJOR DIFFERENCE WOULD BE, BUT NOT BE LIMITED TO, A 1951 MODEL THAT WAS NOT MANUFACTURED WITH A V-8 MOTOR BUT THE SAME MODEL MANUFACTURED IN 1953 HAD V- 8 S. THE 1953 V-8 COULD NOT BE INSTALLED IN THE 1951 AND MAINTAIN ANTIQUE STATUS. April County Treasurer's Manual

68 MVE-1 FOR ASSEMBLED ANTIQUE VEHICLE The owner of an antique vehicle who has assembled or reconstructed the vehicle, prior to applying for title must have a VEHICLE IDENTIFICATION NUMBER AFFIXED OR VERIFIED BY THE KANSAS HIGHWAY PATROL. The Kansas Highway Patrol, upon issuing and/or verifying the vehicle identification number, will prepare a Kansas Highway Patrol Motor Vehicle Enforcement form, MVE-1, &/or affix an identification number on the appropriate vehicle location. Attach the title &/or bill of sale for each component part and the MVE-1 to the application AND OLDER ANTIQUE VEHICLE OWNERSHIP DOCUMENT FOR AN ANTIQUE VEHICLE A Kansas title with the applicant s name shown as owner, an assigned Kansas title, a current Kansas registration receipt indicating the title is being held as an etitle, an assigned out-of-state title (if the title is from a state requiring a notary the title must be notarized), or a bill of sale along with a VEHICLE/MOTOR OWNERSHIP AFFIDAVIT, TR- 90, can be used as proof of ownership when applying for an antique vehicle title. Attach to application. BILL OF SALE A bill of sale will need the following information: name of the seller, name of the purchaser(s), vehicle year, make, VIN, seller's signature, a statement that the vehicle is free and clear of any and all liens or encumbrances and the selling price. The Affidavit to a Fact/Bill of Sale, form TR-12, has an Antique Vehicle Transfer of Ownership section below the bill of sale. The T & R Bureau strongly encourages the use of this bill of sale. ANTIQUE VEHICLE PURCHASED OUT-OF-STATE If the vehicle is purchased out-of-state the seller must comply with his or her state s requirements for transferring ownership including notary requirements. ALL out-ofstate ownership documents (title and bill of sale) for antique vehicles will be required to obtain an MVE-1. The notary (if from a notary state) will be a good indication whether or not the vehicle was purchased out-of-state. Attach to application. The treasurer s office does not need to determine the other state s requirements regarding the transfer of ownership of an antique vehicle. Antique vehicles purchased out of state, REGARDLESS OF THE MODEL YEAR, must obtain an MVE-1. If the Kansas Highway Patrol will not issue an MVE-1 for an antique vehicle purchased out-of-state on a bill of sale, the applicant will have to comply with the inspector s requirements to obtain the MVE-1. DO NOT ACCEPT APPLICATION WITHOUT THE MVE-1. April County Treasurer's Manual

69 SAME PERSON AS BUYER AND SELLER If the owner of an antique vehicle does not have a title for the vehicle, a Vehicle/Motor Ownership Affidavit, form TR-90, may be used in lieu of the title. If the bill of sale is used, the person will show themselves as both the buyer and the seller. Attach to application AND NEWER ANTIQUE VEHICLE OWNERSHIP DOCUMENT FOR AN ANTIQUE VEHICLE A Kansas title with the applicant s name shown as owner, an assigned Kansas title, a current Kansas registration receipt indicating the title is being held as an etitle, an assigned out-of-state title (if the title is from a state requiring a notary the title must be notarized) or bill of sale, Vehicle/Motor Ownership Affidavit, form TR-90, can be used as proof of ownership when applying for an antique vehicle title. Attach to application. BILL OF SALE The Affidavit to a Fact/Bill of Sale, form TR-12, has an Antique Vehicle Transfer of Ownership section below the bill of sale. The T & R Bureau strongly encourages the use of this bill of sale. An individual made bill of sale will need the following information: name of the seller, name of the purchaser(s), vehicle year, make, VIN, seller's signature, a statement that the vehicle is free and clear of any and all liens or encumbrances and the selling price. The Treasurer s motor vehicle staff is to mark the left edge of the title application, form TR-200, ATTN: Antique Bill of Sale. Antiques that are 1950 or newer that are applying for an antique title using a bill of sale or Vehicle/Motor Ownership Affidavit, form TR-90, or an assigned out of state title are REQUIRED to obtain an MVE-1 BEFORE making application. Attach the MVE-1 to the application. The Kansas Highway Patrol (KHP) will check their database to determine if the vehicle has been titled in any state. If a title record is discovered, the KHP will make a notation on the MVE-1 that a title record has be discovered. Mark the left side of the title application (TR-200) denoting the KHP s statement on the MVE-1. April County Treasurer's Manual

70 If the KHP denotes that a title record has been detected, the Treasurer s motor vehicle staff should inform the applicant they may receive additional correspondence from the Titles and Registrations Bureau regarding the vehicle and the bill of sale. ANTIQUE VEHICLE PURCHASED OUT-OF-STATE If the vehicle is purchased out-of-state the seller must comply with his or her state s requirements for transferring ownership including notary requirements. All antique vehicles out-of-state ownership documents WILL BE required to obtain an MVE-1. ATTACH TO APPLICATION. The treasurer s office does not need to determine the other state s requirements regarding the transfer of ownership of an antique vehicle. If the Kansas Highway Patrol will not issue an MVE-1 for an antique vehicle purchased out-of-state on a bill of sale, the applicant will have to comply with the inspector s requirements to obtain the MVE-1. DO NOT ACCEPT APPLICATION WITHOUT THE MVE-1. SAME PERSON AS BUYER AND SELLER If the owner of an antique vehicle does not have a title for the vehicle, a Vehicle/Motor Ownership Affidavit, TR-90, with an MVE-1 attached (if the antique vehicle is 1950 or newer) may be used in lieu of the title. The person will show themselves as both the buyer and the seller on the bill of sale. Attach to application. USING A BILL OF SALE AS PROOF OF OWNERSHIP KSA has two provisions which affect the use of a bill of sale as proof of ownership. KSA 8-170(c)(1) states a bill of sale can be used as prima facie evidence that the applicant is the owner of the vehicle. However, KSA 8-170(c)(3) states, in part: The (antique) certificate of title shall be good for the life of the antique vehicle, so long as the same is owned or held by the original holder of the certificate of title. In the event of a sale or transfer of ownership of an antique vehicle for which a certificate of title has been issued, the holder of such certificate of title shall endorse on the same an assignment as prescribed by the director. The buyer shall then present such certificate of title to their local county treasurer s office and a new certificate of title or title record shall be issued to the buyer. As stated previously in this section, mark the title application, TR-200, along the left side that a bill of sale is being used as the ownership document. Please advise the April County Treasurer's Manual

71 applicant if the division of vehicles discovers that the vehicle has been previously titled in Kansas as an antique, additional correspondence may be sent instructing the applicant if additional ownership documents or other action is necessary. TITLE ONLY An Antique Title Only can be issued to the owner of an antique vehicle that is not operational or will not be operated on public roadways. Once the antique title has been applied for and issued, an antique registration only can be applied for at a later date if the owner wishes to use the vehicle on the public roadways. TITLE AND REGISTRATION If the vehicle is currently titled in the owner s name with a regular Kansas title and registration, the owner will need to surrender the regular title, license plate and registration and apply for an antique title and registration. If the antique vehicle was purchased or is using the Vehicle/Motor Ownership Affidavit, TR-90, the buyer will need to submit the ownership document(s) outlined previously. PERSONALIZED ANTIQUE PLATES Personalized antique plates are available, however, antique vehicles must have a regular antique registration before application for personalized antique application can be accepted. An antique personalized plate combination will be issued only one time for the entire state of Kansas. EXAMPLE: Only one antique personalized plate 57CHEVY will be issued in the. TAXES The applicant must provide proof of payment of any personal property taxes or pay personal property taxes. If the antique vehicle was purchased from another person or business (not a Kansas dealership) the applicant must pay sales tax at the time of application. April County Treasurer's Manual

72 ODOMETER DISCLOSURE STATEMENT Application for antique vehicle title will require the odometer (mileage) reading from the vehicle. Antique vehicles are exempt from the Odometer Disclosure Statement requirement, so the buyer s hand printed name and signature and the mileage status (actual, exceeds, not actual) will not be required. The seller must sign and print their name to transfer ownership, but will not be certifying the odometer status. SALVAGE, REBUILT SALVAGE, NONHIGHWAY, FORMERLY NONHIGHWAY OR NONREPAIRABLE TITLE Vehicles titled as salvage, rebuilt salvage, nonhighway or formerly nonhighway will not have this branding reflected on the antique title. Vehicles titled as nonrepairable CANNOT be titled as antique. Once a vehicle is titled as nonrepairable, it can only be used as parts or scrap; it cannot be sold as a unit. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process , April County Treasurer's Manual

73 LOW SPEED VEHICLE DEFINITION Current Kansas law provides for the registration of low speed vehicles (LSV). Some LSV s can be used as golf carts, but a golf cart does not automatically qualify as a LSV. The statutory requirements to qualify as a low speed vehicle are: A four wheeled ELECTRIC vehicle that must be able to maintain the speed of at least 20 miles per hour (MPH), but the top speed cannot exceed 25 miles per hour (19 MPH or less to slow, 26 MPH or more to fast); Manufactured in compliance with the national highway and traffic safety administration standards for low-speed vehicles in 49 C.F.R. Part (500). Section 500 is the National Highway Traffic Safety Administration (NHTSA) and Federal Motor Vehicle Safety Standards (FMVSS) rule for low speed vehicles. The standard requires a VIN, but waives safety-labeling requirements on the vehicle. Unlike motorized bikes or motorcycles, it also permits the modification of standard golf carts to meet the FMVSS requirements. HOWEVER, MODIFIERS ARE CONSIDERED MANUFACTURERS AND ARE RESPONSIBLE FOR CERTIFYING COMPLIANCE WITH ALL SAFETY EQUIPMENT REQUIREMENTS. GOLF CARTS In the past, T&R permitted golf car owners to self-certify compliance with FMVSS for title and registration purposes. THIS PRACTICE HAS BEEN TERMINATED AND CURRENT POLICY REQUIRES A CERTIFICATION STATEMENT FROM THE MANUFACTURER OR MODIFIER THAT THE VEHICLE COMPLIES WITH ALL FMVSS FOR LOW SPEED VEHICLES. TITLE AND REGISTRATION REQUIREMENTS In order to be registered, low speed vehicles must have one of the following; A Manufacturer s Statement of Origin or Certificate of Origin (MSO/MCO) or title and a conforming VIN number. The MSO/MCO must contain a statement the April County Treasurer's Manual

74 vehicle meets all FMVSS, or accompanied by documentation from a modifier the vehicle meets all FMVSS. If the primary ownership document is an out of state title, it should be carefully examined for any indication the vehicle is not intended for road or street use. Any out of state a title indicating the Low Speed Vehicle is not for use on streets or highways must also be accompanied by a certification from the manufacturer or a modifier that the Low Speed Vehicle meets all FMVSS. A bill of sale from an out of state dealer may also be used provided it contains all the required information including, year, make, model, VIN, empty weight, gross weight and that all FMVSS have been met. RESTRICTED USE Low speed vehicles are restricted in their operation and are limited to any street or highway with a posted speed limit of 40 miles per hour or less. However, low speed vehicles may cross a street or highway with a speed limit in excess of 40 miles per hour. All operators of low speed vehicles must have valid diver s licenses. KANSAS STATUTES ANNOTED (K.S.A.) AND FEDERAL LAW Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process CFR Part 571 April County Treasurer's Manual

75 MOTORIZED BICYCLE, MOPED, AND MOTOR SCOOTER These types of vehicles may be referred to as motorized bike: mopeds, scooters, motor driven scooters, motorbikes. However not all of these may meet the requirements of motorized bikes. A motorized bicycle is defined in KSA 8-126(aa) as, every device having two tandem wheels or three wheels, and is propelled by either: (a) human power (b) helper power (c) or both, and which has: A motor which produces not more than 3.5 brake horsepower; a cylinder capacity of not more the 130 cc (cubic centimeters); an automatic transmission, and the capability of a maximum design speed of no more than 30 miles per hour. Any two or three wheeled vehicle which: Exceeds any of these specifications or performance factors, and/or Does not have an automatic transmission; cannot be registered as a motorized bike and must be registered as a motorcycle, or may not qualify for any type of title and registration. Safety equipment and manufacturer s intended use of the vehicle is also major considerations. The National Highway Traffic Safety Administration (NHTSA) of the US Department of Transportation (USDOT) establishes and enforces federal motor vehicle safety standards (FMVSS). FMVSS specify minimum levels of safety performance for motor vehicles and manufacturers. Although Kansas law specifically exempts motorized bikes from the definition of motor vehicle, the NHTSA Office of Chief Counsel has determined that mopeds and motorized bikes are subject to applicable FMVSS in effect on their date of manufacture. The American Association of Motor Vehicle Administrators also recommends that federal safety standards apply to mopeds. Examining all these requirements greatly simplifies making a determination if a vehicle may be registered as a motorized bike, motorcycle, or not registered at all. KSA 8-126(b) defines a motor vehicle as: every vehicle, OTHER THAN A MOTORIZED BICYCLE or motorized wheelchair, which is self-propelled. Motorized bicycles are required to be titled and registered before operating on the roadways of this state, but are not required to obtain an MVE-1 if using an out-ofstate ownership document when applying for title and registration, or have proof of insurance when applying for or renewing registration. (Only motor vehicles and trailers are required to have liability insurance coverage if registered.) April County Treasurer's Manual

76 ELECTRIC SCOOTER OR MOPED An electric scooter or electric motorized bicycle does not meet the definition of a motorized bicycle in KSA due to not having a cylinder capacity. However, the division will allow electric scooters or electric motorized bicycles to be titled and registered as a motorized bicycle as long as they meet the Federal Motor Vehicle Safety Standards and the following requirements: An electric motor rated at no more than 2,611 watts (2.61 kilowatts); and an automatic transmission, and the capability of a maximum design speed of no more than 30 miles per hour. Any two or three wheeled vehicle which: Exceeds any of these specifications or performance factors, and/or Does not have an automatic transmission; cannot be registered as a motorized bike and must be registered as a motorcycle, or may not qualify for any type of title and registration. DETERMINING HORSEPOWER Horsepower may be listed on an MSO in measurements of brake horsepower (bhp), S.A.E. (Society of Automotive Engineers), Watts (WA), or Kilowatts (KW). The following horsepower rating will convert to 3.5 brake horse power: 5.8 S.A.E. horsepower (converts to 3.4 bhp) 2,611 watts or 2.61 Kilowatts If you are in doubt as to the horsepower rating listed on an MSO or title, you may request the customer to return to the dealer, or contact the manufacturer to obtain additional documentation specifying the brake horsepower rating for the vehicle being registered. April County Treasurer's Manual

77 REQUIREMENTS FOR TITLE AND REGISTRATION Submit a properly assigned MSO/MCO or title, bill of sale from state that does not title motorized bicycles or out-of-state title in the applicant s name. The MSO/MCO or other ownership documents submitted to County Treasurers or the Division of Vehicles may or may not contain all the required information to determine if the motorized bicycle meets the Kansas definition of a motorized bicycle. If more information is needed to properly determine whether or not a motorized bike, moped or scooter may be registered, the Treasurer s and T&R staff should request the customer to review the owner s manual and/or obtain additional documentation from the manufacturer. In addition to the above requirements for motorized bikes, there are other factors, which may cause a motorized bicycle to be disqualified from being registered. All motorized bikes must have an MSO/MCO or a title and a conforming VIN. (Exception will be motorized bicycle that was purchased in a state which does not title or register motorized bicycles. Still must meet all other requirements such as but not limited to conforming VIN.) All MSO/MCO must contain a statement the vehicle meets all FMVSS. Any statement(s) on MSO/MCO, title or in owner s manual, instruction manual, advertising, promotional literature, packaging, or web sites indicating the vehicle is not manufactured for street use, manufactured for off road use, manufactured for recreational use or any other non-highway use automatically disqualified it from registration.. Any data or statements referencing specifications or performance found in owner s manual, instruction manual, advertising, promotional literature, packaging, or web sites which contradicts MSO/MCO, titles or any other ownership document provided by manufacturer may be cause for denying registration. If a motorized bike meets all the above requirements, but exceeds any of the specifications or performance standards in the statutory definition, the vehicle is registered as a motorcycle. April County Treasurer's Manual

78 Sales Tax For individual to individual sales, the County Treasurer s will collect the sales tax. For Kansas dealers or businesses sales, proof of payment of sales tax is required, (sales receipt showing tax collected). If proof is not presented from a Kansas dealer or business sale, the county may collect the sales tax on motorized bicycles as they do not fall under the requirement to have a dealer license because they are not defined as a vehicle in the Kansas statutes. For individual to individual sales, the purchase price must be disclosed. This is done on the title assignment if there is a space for the purchase price, or using a bill of sale showing the vehicle s year, make, VIN, sales price, purchaser s name and the seller s signature. If neither is available, the applicant can pay sales tax for the fair market value of the vehicle. Fair market value may be determined by contacting a retailer who sells that model of motorized bicycle. A mileage reading is required, but mileage status (actual, exceeds, not actual) is not required since motorized bicycles are not motor vehicles. Proof of insurance IS NOT required. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process a April County Treasurer's Manual

79 MOTORCYCLE STREET BIKES All motorcycles operated on Kansas highways are required to be titled and registered. The term motorcycle applies to every vehicle having a seat or saddle for the use of the rider and designed to travel with not more than three wheels on contact with the ground. However, does not include tractors, 3 wheeled golf carts, motorscooters or motorized bicycles (Refer to the following section for Motorized Bicycle, Moped, Motorscooter). If the vehicle has more than three wheels in contact with the ground, it will be registered as an auto. DIRT BIKES Off-road motorcycles (dirt bikes of motocross bikes) are to be titled as non-highway due to not manufactured for street use. No registration is to be issued for a dirt bike. The owner of a dirt bike cannot modify the bike to be street legal. The bike will have to be modified by the manufacturer, have a new MSO issued with a statement that the bike is street legal and a Federal Motor Vehicle Safety Standard (FMVSS) label must be affixed to the bike s frame. REQUIREMENTS FOR TITLE AND REGISTRATION Submit a properly assigned MSO/MCO or title, in the applicant s name. All MSO/MCO must contain a statement the vehicle meets all FMVSS. Any statement(s) on MSO/MCO, title or in owner s manual, instruction manual, advertising, promotional literature, packaging, or web sites indicating the vehicle is not manufactured for street use, manufactured for off road use, manufactured for recreational use or any other non-highway use automatically disqualified it from registration.. Any data or statements referencing specifications or performance found in owner s manual, instruction manual, advertising, promotional literature, packaging, or web sites which contradicts MSO/MCO, titles or any other ownership document provided by manufacturer may be cause for denying registration. Sales Tax For individual to individual sales or out of state dealer purchases, the County Treasurer s will collect the sales tax. For Kansas dealers proof of payment of sales tax is required, (form STD-8). If proof is not presented from a Kansas dealer the applicant must go back to the dealer and pay the tax. For individual to individual sales, the purchase price must be disclosed. This is done on the title assignment if there is a space for the purchase price, out of April County Treasurer's Manual

80 state dealer sales invoice or using a bill of sale showing the vehicle s year, make, VIN, sales price, purchaser s name and the seller s signature. If neither is available, the applicant can pay sales tax for the fair market value of the vehicle. Fair market value may be determined by contacting a retailer or the Titles and Registrations Bureau of the Department of Revenue. A mileage reading and status is required (actual, exceeds, not actual) for vehicles 10 model years old or newer. Vehicles over 10 years old will only require the mileage reading, but not the status. Proof of insurance. Pay property tax, if applicable. 4-WHEEL MOTORCYCLE CLASSIFICATION (ALL-TERRAIN VEHICLE-ATV) Kansas statutes do not have a motorcycle definition for a 4-wheeled vehicle, however there is a definition for an ATV. Statute also defines an ATV as a nonhighway motor vehicle, which CANNOT be registered for on-road use. An ATV CANNOT be modify for on-road use, unless the modifications are made by the original manufacturer and a new manufacturer s statement of origin is issued stating the ATV is for on-road use. A Federal Motor Vehicle Safety Standard label also must be affixed to the ATV by the manufacturer. PROOF OF INSURANCE The applicant must present proof of insurance and the County Treasurer s staff must examine this proof before taking the application. Examination of a photocopy or fax of the proof of insurance shall meet the requirement of proof. Refer to Vehicle Insurance Requirements in this section concerning acceptable proof of insurance. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

81 WORK-SITE UTILITY VEHICLE DEFINITION "Work-site utility vehicle" means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 135 inches, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or more low pressure tires, a steering wheel and bench or buckettype seating allowing at least two people to sit side-by-side, and may be equipped with a bed or cargo box for hauling materials. Vehicle types that could to meet this definition are: gators, mules, etc. NONHIGHWAY TITLE REQUIRED Work-site utility vehicles are nonhighway motor vehicles and therefore are required to make application for a new nonhighway title within 60 days from date of purchase*. KSA 8-198(c) ALL WORK-SITE UTILITY VEHICLES SOLD BY A KANSAS SELLER MUST BE TRANSFERRED BY ASSIGNMENT OF A KANSAS NONHIGHWAY TITLE OR MSO/MCO. * KSA 8-198(j) states: Any person who, on July 1, 2006, is the owner of an work-site utility vehicle, as defined in K.S.A , and amendments thereto, shall not be required to file an application for a nonhighway certificate of title under the provisions of this section for such work-site utility vehicle, UNLESS THE PERSON TRANSFERS AN INTEREST IN SUCH WORK-SITE UTILITY VEHICLE. All 2007 and newer model work-site utility vehicles are required to be titled as Nonhighway-Not Manufactured for Street Use. Since KSA 8-198(j) has the July 1, 2006 effective date, anyone who owned and still owns the same work-site utility vehicles since or before July 1, 2006 does not have to obtain a nonhighway title UNTIL THEY ARE GOING TO TRANSFER OWNERSHIP. Everyone purchasing a work-site utility vehicle on or after July 2, 2006 will have 60 days to make application for a new nonhighway title. Late title penalty will be charged for anyone making application on and after the 31 st day for work-site utility vehicles purchased on and after July 2, EXCEPTION A Kansas business, which sells work-site utility vehicles, may purchase work-site utility vehicles on a bill of sale and will use the bill of sale as proof of ownership to make application for a nonhighway title in the name of the business. The business must sell the work-site utility vehicles by assigning the nonhighway title to the new buyer. For most Japanese mini-trucks, the person or business that purchased the vehicle from the importer of the mini-truck will have the ownership documents April County Treasurer's Manual

82 issued by a foreign jurisdiction along with required import and/or customs documents. The Kansas person or business that purchased the mini-truck must obtain a nonhighway title in their name. Ownership can only be transferred by assignment of the nonhighway title to the new buyer. REGISTRATION K.S.A 8-128(3) exempts work-site utility vehicles from registration requirements. KSA defines a work-site utility vehicle as a nonhighway and KSA states nonhighway vehicles cannot be registered for operation upon the roadways of the. Attempts to retrofit ATV s or off road utility vehicles with safety equipment will not bring them up to registration standards. K.S.A REQUIRES the registration of motor vehicles INTENDED TO BE OPERATED ON ANY HIGHWAY IN THIS STATE. Since ATV s were manufactured and/or designed for off road use, they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA s) policy position with respect to ATV s and off road utility vehicles is consistent with that of the bureau which advocates not registering any type of ATV or off road utility vehicle. Vehicles exceeding the statutory definition of work-site utility vehicles, but are nonetheless classified by their manufacturer as off road utility vehicles will not be registered by the division. PROPERTY TAX Work-site utility vehicles and/or off road utility vehicle are considered taxable personal property. SALES TAX For the purpose of sales tax, the term farm machinery and equipment or aquaculture machinery and equipment includes a work-site utility vehicle. If a work-site utility vehicle is used exclusively for farm use it is exempt from sales tax. If it is used for any other purpose (EX: hunting or fishing, etc.) sales tax is due. OPERATION OF WORK-SITE UTILITY VEHICLES The operation of work-site utility vehicles is restricted. K.S.A. 8-15,100 prohibits work-site utility vehicles operation on any interstate highway, federal highway, state highway or within the corporate limits of any city unless authorized by such city. Any April County Treasurer's Manual

83 work-site utility vehicles operated between sunset and sunrise must be properly equipped with lights. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process ,100 April County Treasurer's Manual

84 WHAT IS A MICRO UTILITY TRUCK MICRO UTILITY TRUCK A micro utility truck (MUT) must meet all of these definitions: Width Length Weight Not less than 48 inches; Not more than 144 inches, including the bumpers; Unladen (empty weight) including fuel and fluids of more than 1,500 pounds; Equipment Manufactured with a metal cab Operating Can exceed 40 miles per hour as originally manufactured Vehicle types that could, but not limited to, meet these definitions are Japanese or Chinese mini-trucks. A work-site utility vehicle is not a micro utility truck and a micro utility truck is not a work-site utility truck. DEALER LICENSE REQUIRED A Kansas resident or business that purchases an MUT truck with the intent of reselling the vehicle must be licensed as a vehicle dealer by the Kansas Dealer License Bureau. The dealer must also collect sales tax. NONHIGHWAY TITLE REQUIRED ALL MUT TRUCKS SOLD BY A KANSAS SELLER MUST BE TRANSFERRED BY ASSIGNMENT OF A KANSAS NONHIGHWAY TITLE OR MSO/MCO. MUT trucks are nonhighway motor vehicles and therefore are required to make application for a new nonhighway title. A buyer or transferee must submit application for nonhighway title within 60 days of the date of transfer and delivery, the same as all other motor vehicles and trailers. On and after the 31 st day, the late title fee is to be assessed. If the assignment is dated while the MUT is still out of country (being imported), the 60 day period will start on the date the MUT clears customs (use the custom and/or import documents to determine this date). April County Treasurer's Manual

85 An individual or business which has owned an MUT on July 1, 2008 is required to obtain a nonhighway title within 30 days of the laws effective date. The To Kansas Date will be July 1, Applications submitted on and after July 31, 2008 are to be assessed the late title fee. There is NO grandfather provision in the statutes allowing the MUT owner in this situation to put off making application for the nonhighway title until he or she is going to transfer ownership. FORMS REQUIRED OWNERSHIP DOCUMENTS Foreign title (out of country or another state); or Ownership Affidavit, form TR-90*. * If the MUT was owned and in the possession of the owner on July 1, 2008 may use the Ownership Affidavit for Vehicle-Trailer-Antique-Motor, form TR- 90. An MVE-1 will also be required. IMPORT/CUSTOM PAPERS An individual or dealer importing the MUT directly from outside the United States must have the custom and/or import papers (HS7 or HS8) required of any motor vehicle brought in from outside this country. The ownership document will in most likelihood be in a foreign language (likely Japanese or Chinese). SALVAGE, NONHIGHWAY, NONREPAIRABLE VEHICLE AFFIDAVIT, FORM TR-13, must be completed and attached to the nonhighway title application. MVE-1 MUT s using import papers and foreign ownership documents must obtain an MVE-1 prior to making application for the nonhighway title. MUT s titled in another jurisdiction and being titled in Kansas either by the current owner or new buyer on the out of state title assignment must also obtain an MVE-1 prior to submitting application for nonhighway title. SALES TAX If bought at a Kansas licensed dealership, a Kansas sales tax receipt, STD-8. If bought from an individual or non-dealer business, the county treasurer s motor vehicle staff will collect the sales tax at the time of making application. April County Treasurer's Manual

86 REGISTRATION K.S.A 8-128(3) exempts MUT trucks from registration requirements. KSA defines an MUT trucks as a nonhighway and KSA states nonhighway vehicles cannot be registered for operation upon the roadways of the. Attempts to retrofit an MUT truck with safety equipment will not bring it up to registration standards. K.S.A REQUIRES the registration of motor vehicles INTENDED TO BE OPERATED ON ANY HIGHWAY IN THIS STATE. Since MUT trucks were imported into this country on the condition that they will only be used and titled as off road vehicles, they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA s) policy position with respect to the MUT truck is consistent with that of the bureau which advocates not registering any type of ATV or off road utility vehicle. Vehicles exceeding the statutory definition of MUT truck, but are nonetheless classified by their manufacturer as off road utility vehicles will not be registered by the division. It may or may not be titled as nonhighway. PROPERTY TAX MUT trucks are considered taxable personal property. SALES TAX MUT trucks are NOT exempt from sales tax, regardless of use. Statutes prohibit designating an MUT truck as a work-site utility vehicle. Therefore AN MUT TRUCK CANNOT BE EXEMPTED FROM SALES TAX as farm machinery and equipment or aquaculture machinery. OPERATION OF MUT TRUCKS The operation of an MUT truck is restricted. Statute prohibits MUT trucks from operation on any interstate highway, federal highway, state highway or within the corporate limits of any city unless authorized by such city. April County Treasurer's Manual

87 HELPFUL LINKS TO US CUSTOMS AND BORDER PROTECTION (CBP) If an applicant has questions about custom and import requirements and/or needs to contact a CBP office, give him or her the information below. Kansas City CBP Office Wichita CBP Office Denver CBP Office Locating a Port of Entry QUESTION AND ANSWER Site for U.S. Customs & Border Protection KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process ,105 April County Treasurer's Manual

88 ALL-TERRAIN VEHICLE (ATV) DEFINITION All-terrain vehicle or ATV means any motorized nonhighway vehicle 48 inches or less in width, having a dry weight of 1,000 pounds or less, traveling on three or more low-pressure tires, having a seat designed to be straddled by the operator. As used in this subsection, low-pressure tire means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 12 inches or less, and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer. NONHIGHWAY TITLE REQUIRED An ATV is nonhighway motor vehicle and therefore is required to make application for a new nonhighway title within 60 days from date of purchase*. KSA 8-198(c) ALL ATV S SOLD BY A KANSAS SELLER MUST BE TRANSFERRED BY ASSIGNMENT OF A KANSAS NONHIGHWAY TITLE OR MSO/MCO. * KSA 8-198(i) states: Any person who, on July 1, 1996, is the owner of an all-terrain vehicle, as defined in K.S.A , and amendments thereto, shall not be required to file an application for a nonhighway certificate of title under the provisions of this section for such all-terrain vehicle, UNLESS THE PERSON TRANSFERS AN INTEREST IN SUCH ALL-TERRAIN VEHICLE. All 1997 and newer ATV are required to be titled as Nonhighway-Not Manufactured for Street Use. Since KSA 8-198(i) has the July 1, 1996 effective date, anyone who owned and still owns the same ATV since or before July 1, 2006 does not have to obtain a nonhighway title until they are going to transfer ownership. Everyone purchasing an ATV on or after July 2, 1996 will have 60 days to make application for a new nonhighway title. Everyone making application on and after the 31st day will be subject to late title application penalty. Late title penalty will be charged for anyone making application on and after the 31st day for ATV s vehicles purchased on and after July 2, EXCEPTION A Kansas business, which sells ATV s, may purchase an ATV on a bill of sale and will use the bill of sale as proof of ownership to make application for a nonhighway title in the name of the business. nonhighway title to the new buyer. The business must sell the ATV by assigning the April County Treasurer's Manual

89 REGISTRATION K.S.A 8-128(2) exempts ATV s from registration requirements. KSA 8-126(bb) and defines an ATV as a nonhighway and KSA states nonhighway vehicles cannot be registered for operation upon the roadways of the. Attempts to retrofit ATV s or off road utility vehicles with safety equipment will not bring them up to registration standards. K.S.A REQUIRES the registration of motor vehicles INTENDED TO BE OPERATED ON ANY HIGHWAY IN THIS STATE. Since ATV s were manufactured and/or designed for off road use, they fail the standard for required registration even with retrofitting of safety equipment. In addition, American Association of Motor Vehicle Administrators (AAMVA s) policy position with respect to ATV s and off road utility vehicles is consistent with that of the bureau which advocates not registering any type of ATV or off road utility vehicle. Vehicles exceeding the statutory definition of ATV s, but are nonetheless classified by their manufacturer as off road utility vehicles will not be registered by the division. PROPERTY TAX ATV s and/or off road utility vehicles are considered taxable personal property. OPERATION OF ATV S The operation of ATV s is restricted. K.S.A. 8-15,100 prohibits ATV operation on any interstate highway, federal highway, state highway or within first class city limits. An exception is made for county noxious weed departments, their contractors and Kansas Department of Transportation. Any ATV operated between sunset and sunrise must be properly equipped with lights. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process a 8-15,100 April County Treasurer's Manual

90 TOY MOTOR VEHICLES TOY VEHICLES The following, but not limited to, vehicles were not listed by name in AG s Opinion but T & R will include them with regards to title and registration: (This list is not exclusive.) Freedom Scooters, Pocket Rockets or Pocket Bikes, Mini-Choppers and Mini-Bikes. ATTORNEY GENERAL OPINION NO Attorney General s (AG) Opinion states that small skateboards with motors are classified as motor vehicles and therefore are required to be registered and the operators licensed. This opinion has been cited at various times by a variety of individuals or groups as legally REQUIRING the Titles and Registrations Bureau (T&R) to register these vehicles. HOWEVER, these toy vehicles were not manufactured to meet Federal Motor Vehicle Safety Standards (FMVSS), and do not have the label affixed by the manufacturer attesting; This vehicle meets the FMVSS requirements and is manufactured for onroad use. THEREFORE, THE DIVISION WILL NOT REGISTER THESE TYPES OF SMALL SCOOTERS OR OTHER TOY VEHICLES. Upon reviewing Attorney General Op. No , it appears that it is accurate in stating that these small motor scooters and other toy vehicles are required to be registered IF INTENDED TO BE USED ON PUBLIC HIGHWAYS. Vehicles manufactured for onroad use will have a FMVSS label affixed by the manufacturer stating the vehicle is for on-road use. To be registered to operate upon public highways, any such vehicle must meet registration requirements (FMVSS requirements are the first test). Generally, such vehicles do not meet registration requirements and therefore cannot be registered. In effect, Attorney General Op. No is correct in stating that any such vehicle is required to meet registration and other requirements to be operated on a public April County Treasurer's Manual

91 highway. But these types of toy vehicles do not and cannot meet FMVSS and therefore cannot be registered by the division. AS THE RESULT, THESE TYPES OF VEHICLES CANNOT BE OPERATED ON STREETS AND HIGHWAYS. KANSAS STATUTES ANNOTED (K.S.A.) AND FEDERAL LAW Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 49 CFR Part USC Part April County Treasurer's Manual

92 MANUFACTURED (MOBILE) HOME/HOUSE TRAILER A Manufactured (Mobile) Home / House Trailer used as a residence will be required to be titled. A Title Only will be issued. There will be no registration. NOTE: A manufactured home or mobile home must be sold by assignment of title or legal process (repossession, etc). A BILL OF SALE CANNOT BE USED TO TRANSFER OWNERSHIP. MANUFACTURED HOME NEVER TITLED An owner of a manufactured home with a model year of 1979 or older may use the Vehicle/Motor Ownership Affidavit, form TR-90, and proof of current property taxes as proof of ownership, if there is no record of the manufactured home being previously title in Kansas. The owner will need to obtain the title before transferring ownership of the manufactured home. If the manufactured home is a model year of 1980 or newer and there is no MSO assigned to the applicant or title in the name of the seller, a court order (quiet title) will be needed in order to obtain the title. SALES TAX-NEW OR USED MANUFACTURED HOME NEW USED Manufactured (Mobile) Homes / House Trailers are required to pay sales tax. Sales tax will be based on 60% of the purchase price prior to any trade in allowance. Manufactured (Mobile) Homes / House Trailers are EXEMPT from paying sales tax. SALES TAX, OUT-OF-STATE PURCHASE The sale by a modular home manufacturer to a dealer or consumer is subject to Kansas state and local retailers sales tax or Kansas state and local retailers compensating use tax. The total selling price is defined K.S.A (1). Total selling price includes all charges from the manufacturer to the dealer or consumer. April County Treasurer's Manual

93 The tax is calculated on the total selling price to the dealer or consumer less forty percent of the total selling price. In other words, the amount subject to tax is sixty percent of the total selling price. Local sales and compensating use taxes are due on these sales. The correct local tax that applies is the local tax in effect where delivery occurs to the modular home dealer or end user consumer. If a consumer purchases a manufactured home in a foreign jurisdiction and makes arrangements to have home delivered, local sales and compensating use taxes are due. Insert the address of the buyer into the vehicle system to obtain the correct fees. If a consumer purchases a manufactured home and has the dealer deliver the home, there are no local taxes collected. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. Article 42 of Chapter 58 April County Treasurer's Manual

94 TRAILERS Trailer, boat trailers, semi-trailers, travel trailer or pole trailers having a gross weight of 2,001 pounds or more, excluding the weight of the propelling vehicle, and all RV trailers must be titled and registered before being operated on the roadways of Kansas. An assigned MSO/MCO or title is required to transfer ownership. SALVAGE, NONHIGHWAY OR NONREPAIRABLE TITLE NOT ISSUED FOR TRAILERS TRAILERS CANNOT BE TITLED AS SALVAGE, NONHIGHWAY OR NONREPAIRABLE. APPLICANT WILL BE REQUIRED TO APPLY FOR TITLE AND REGISTRATION. DOCUMENTS REQUIRED FOR TITLING AND REGISTERING A TRAILER Submit a properly assigned MSO/MCO, title or other ownership documents. Attach to application. Sales Tax (if applicable). If proof of payment or Agricultural Exemption Certification form for sales tax is not presented at time of application, the County Treasurer s office will collect the sales tax. Attach to application. Present and verify proof of insurance. If the trailer was purchased on an out of state title or a bill of sale from an out of state seller, an MVE-1 will be required. Attach to application. Only licensed Kansas dealers can apply for a Title Only. No other applicants can make application for a Title Only. After July 1 st, half (½) year registration fees are due on trailers. Refer to registration chart for fee schedules. OPTIONAL TITLE AND REGISTRATION- UNDER 2000 LBS. TRAILER Trailers with a gross operating weight of 2,000 pounds or less may be titled and registered at the owner's option. PROOF OF OWNERSHIP An assigned title, MSO/MCO or a BILL OF SALE WILL BE ACCEPTED AS A TITLE (OWNERSHIP) DOCUMENT FOR TRAILERS WITH A GROSS OPERATING WEIGHT 2,000 POUNDS OR LESS. The bill of sale will need to have the year, make and VIN of the trailer, name of the purchaser, the selling price of the trailer and the signature of the seller. Attach to application. If the current owner did not title an exempt (2,000 lbs. or less) trailer and now wants to obtain a title in his or her name, a Vehicle/Motor Ownership Affidavit, form TR-90, will need to be completed and used as the titling document. Attach to application. April County Treasurer's Manual

95 MARKING THE APPLICATIONS OF 2000 LBS. OR LESS TRAILER If the applicant is submitting a bill of sale as the ownership document for a 2000 pound or less trailer, please mark in the left margin of the application (TR-200): Optional Trailer Registration-Under 2000 lbs. BOAT TRAILERS Effective July 1, 2002 boat trailers with a load of 2001 lbs. or more can be titled by the owner the Vehicle/Motor Ownership Affidavit, form TR-90 (a bill of sale from the owner to the owner may also be used). However, a bill of sale cannot be used to sell a boat trailer used to haul 2,001 lbs. or more. THE SELLER MUST MAKE APPLICATION FOR A TITLE AND REGISTRATION IN THEIR NAME, THEN USE THE TITLE TO ASSIGN OWNERSHIP TO A BUYER. This procedure applies only to a boat trailer used to haul 2001 lbs. or more. A boat trailer is considered to be a trailer that is manufactured or home built, to only carry a boat designed to fit such trailer. A boat trailer cannot be designed to carry any other load. All other procedures regarding trailers remain the same, and as always any trailer hauling 2000 lbs. or less may be titled and registered at the owner s option. CONDITIONS AND DOCUMENTATION FOR USING A TR-90 OR BILL OF SALE FOR A BOAT TRAILER The conditions for titling and registering a boat trailer using a TR-90 or a bill of sale: The applicant must be the current owner (not purchasing the trailer). No Kansas title has previously been issued. An MVE-1 inspection is mandatory. Boat trailers used to haul 2001 lbs. or more are still required to be titled and registered. Applicant will be required to pay any and all fees, penalties and taxes. MAKING APPLICATION USING A TR-90 OR BILL OF SALE When a customer presents a TR-90 or a bill of sale for a boat trailer used to haul 2001 lbs. or more the following steps are required: Kansas verification must be completed at the county treasurer s office to ensure that no previous Kansas titles have been issued on the boat trailer. The applicant shall be charged $6.00 for the verification. In the event that a Kansas title records exists, the customer should be advised that a Kansas title has been previously issued and they must work through the seller to obtain a duplicate title. A TR-90 or a bill of sale will not be accepted as a primary ownership document when a Kansas title has previously been issued. If a Kansas title record is not found, advise the customer that they should take the TR-90 or the bill of sale and the no record verification to the Kansas Highway Patrol to obtain an MVE-1 inspection. April County Treasurer's Manual

96 Upon presentation of the TR-90 or a bill of sale, an MVE-1, and the no Kansas title verification, the applicant may be permitted to apply for a title and registration. In the event that the MVE-1 indicates a record in another state, the customer s application for title and registration should still be accepted. Please mark the left side of the TR-200 denoting the out of state record. T&R staff will conduct follow-ups on all out of state records. FARM TRAILERS HAULING 6000 LBS. OR LESS Trailers used exclusively for agricultural (farm/ranch) purposes and hauling 6,000 pounds or less of agricultural product are exempt from title and registration (KSA 8-128). The weight of the trailer itself is not figured as part of the 6,000 lbs. BILL OF SALE An assigned title, MSO/MCO, form TR-90 or a bill of sale will be accepted as an ownership document when an exempt farm trailer is sold to someone who is going to haul 6,001 lbs. or more of agricultural purposes, or to someone who is not in farming or ranching. The bill of sale will need to have the year, make and VIN of the trailer, name of the purchaser, the selling price of the trailer and the signature of the seller. Farm trailers also require an affidavit stating that the seller used the trailer exclusively for agricultural purposes to haul no more than 6,000 lbs.. Attach documents to application. If the current owner did not title the exempt farm trailer, and now wants to increase the weight of the load being hauled to over 6,000 pounds, he or she can obtain a title and registration in his or her name by completing a Vehicle/Motor Ownership Affidavit, form TR-90, and an affidavit stating that the trailer was used exclusively for agricultural purposes. Attach documents to application. County should indicate on the Title and Registration receipt that the vehicle is optional registration 6,000 lbs or less agricultural trailer. SALES TAX EXEMPTION Semitrailers such as grain, flatbed, dump, tank and van are designed to allow for farm and ranch work. When the buyer certifies that the purchase of these types of trailers will only be used in farming and ranching, the purchase is exempt from sales and use taxes. Converter gears that are utilized to facilitate the transport of farm trailers would also be exempt as farm machinery. The sale of a farm trailer, TO A FARMER OR RANCHER, is exempt from the sales tax, when the farmer or rancher completes the Agricultural Exemption Certificate, form ST-28F, certifying that the farm trailer "will be used only in farming or ranching". Attach to application. The ST-28F form will have the conditions for when a trailer may be exempt. Both new and used "farm trailers" are exempt from sales tax. April County Treasurer's Manual

97 TITLING A TRAILER THAT HAS BEEN EXEMPT FOR TITLE AND REGISTRATION When an trailer operating under the no title or registration option (2,000 lbs or less operating weight), boat trailer or farm trailer hauling 6,000 lbs. or less going to be titled and registered by the same owner, use the date of application in the To Kansas date field. If the owner does not have the original assigned title, MSO, or the bill of sale, have them complete a Vehicle/Motor Ownership Affidavit, form TR-90. PROOF OF INSURANCE When registering a trailer, the towing vehicle s proof of insurance is needed. It is acceptable if the applicant presents proof of insurance that covers the trailer listed in the application. If the trailer is towed by a number of vehicles, the policy number of the vehicle that tows it most often should be used. If all vehicles tow the trailer equally, the applicant needs to pick one vehicle s policy number to be used for the trailer. Trailer registration cannot be issued or renew registration without proof of insurance. The insurance statute defining trailers as motor vehicles for proof of insurance purposes is KSA (m). KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process Pub. KS-1550 April County Treasurer's Manual

98 RECREATIONAL VEHICLES Recreational vehicle is defined as a vehicular-type unit built on, or for use on, a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted on or drawn by another vehicle and has: Body width not exceeding 102 (8 ½ feet) and a body length not exceeding 45 feet. The electrical system that operates above 12 volts and has plumbing, heating and meets the standards adopted by the uniform standards code. A vehicle qualifying as a recreational vehicle is required to be titled as a recreational vehicle and the title will be branded with Recreational Vehicle across the top. If the Kansas title is not branded as Recreational Vehicle or an out-of-state title is submitted at the time of application, the owner will need to take the title to the County Appraiser s office and complete a DV-719S. TRAILERS AS RECREATIONAL VEHICLES Trailers that meet the classification of recreational vehicles, regardless of weight, must be titled and registered. THERE IS NO OPTION FOR RV TRAILERS UNDER 2,000 POUNDS. NOTE: Trailers registered under the Five-Year Registration Program do not qualify as a recreational vehicle, due to the annual taxation requirement and the once-every-five-year registration. SHIPPING WEIGHT If a current title of recreational vehicle does not reflect a correct shipping weight, (the title is not branded as Recreational Vehicle (RV s) or is an out-of-state title) the owner must have the RV weighed at a certified weight scale. For new RV s using a Manufacturer s Statement of Origin (MSO), Manufacturer s Certificate of Origin (MCO) as the ownership document, use the listed empty weight from the MSO/MCO. REGISTRATION Recreational vehicles are REGISTERED BY VEHICLE TYPE and can be issued any type of license plate (registration type) for which the vehicle type qualifies (--AUST, --LTST, -- HTST, etc.). The only changes for the recreational vehicle is the renewal period (heavy trucks and trailers) and the property taxes (class code 970 or 980). Special plates (National Guard, Veteran, Ex-POW, Personalized, etc.) can be issued to a recreational vehicle that is a vehicle type of auto, light truck or heavy truck, up to 20M. April County Treasurer's Manual

99 An RV decal will be issued for all recreational vehicles. The decal will be located on the lower right side of the license plate. Regular vehicle registration fees will be charged in addition to the RV tax fees on a recreational vehicle. Recreational vehicles, regardless of vehicle type (light truck, heavy trucks or trailers) are registered under the staggered tag and tax statute, KSA through Recreational vehicles with a vehicle type of heavy truck or trailer must be registered with a registration weight that will cover the vehicles actual gross operating weight. A recreational vehicle that is a semi truck (heavy truck) must be registered at a weight that will cover the gross weight of the semi and any trailer and load that may be in tow*. The gross weight of a trailer that meets and is titled as RV s is NOT to be factored into the registration weight of the towing vehicle. * Semi trucks that are classed as RV s cannot be registered as auto. They must be registered as heavy trucks, minimum of 24M. REFUNDS Refunds will be processed in the same manner as vehicles on the staggered system, however, only the unused portion of taxes remaining in the registration year will be refunded. Unused recreational trailer registration fees will not be refunded. If an owner has established residence in another state, unused taxes will be refunded provided proper documentation is submitted (registration in new state and copy of new valid driver s license and surrender of the Kansas plates). No amount less than $5.00 will be refunded. REMOVING THE RECREATIONAL VEHICLE BRANDING FROM THE TITLE Changes from recreational vehicle back to a regular auto or truck will require a title change. An affidavit by the owner or owners will also be required. Affidavit must state that vehicle no longer qualifies as a recreational vehicle. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

100 OIL WELL SERVICING, CLEAN-OUT & DRILLING VEHICLES AND CONCRETE PUMPER TRUCKS NOTE: ALL oil well servicing rigs, oil well clean out rigs, or oil well drilling as well as concrete pumper trucks should apply for a Title Only. THESE TYPES OF VEHICLES ARE NOT TO BE TITLED AS NONHIGHWAY. The Division of Vehicles mistakenly titled some oil well servicing rigs, oil well clean out rigs, or oil well drilling as well as concrete pumper trucks as nonhighway due to not manufactured for street use. This was not correct. These vehicles ARE NOT listed in KSA as nonhighway vehicles. These vehicles ARE listed in KSA as exempt from registration. Other vehicles listed in KSA 8-128, such as fire trucks and school buses, are issued a Title Only (no registration). Any oil well servicing rigs, oil well clean out rigs, or oil well drilling as well as concrete pumper trucks that have been issued a Kansas nonhighway title and which the nonhighway title is being assigned to a new owner shall make application for a Title Only. Please mark along the left side of the TR-200, CORRECTING NONHIGHWAY TITLE TO TITLE ONLY. If the current owner is applying for a DUPLICATE, SECURED OR REISSUED nonhighway title, these also should be regular type of duplicate, secured or reissued titles, not nonhighway. Please mark along the left side of the TR-200, Correcting Nonhighway Title to Title Only. AFFIDAVITS The owner of an oil well servicing rig, oil well clean out rig or oil well drilling rig must complete and attach the Oil Well Servicing, Clean-out and Drilling Vehicle Affidavit, form TR-164. April County Treasurer's Manual

101 The owner of a concrete pumper truck must complete and attach the Hydraulic Concrete Pumper Truck Registration Exemption Affidavit, form TR-163. ADVISE CUSTOMER OF TITLE ONLY The customer will need to be advised that the vehicle cannot be titled as nonhighway and cannot use dyed (tax exempt) diesel fuel. Nonhighway vehicles can use dyed fuel, these types of vehicles are not nonhighway and should not be using dyed fuel. KANSAS STATUTES ANNOTED (K.S.A.) April County Treasurer's Manual

102 SECOND STAGE MANUFACTURER/CONVERTER SECOND STAGE: MANUFACTURER AND CONVERTER SECOND STAGE MANUFACTURER is defined by statute as "any person who assembles, installs, or permanently affixes a body, cab or special unit equipment to a chassis supplied by a first stage manufacturer, distributor, or other supplier, and sells the resulting NEW VEHICLE to a NEW VEHICLE DEALER for resale in the state." SECOND STAGE CONVERTER is defined by statute as "any person who is engaged in the business of adding to, subtracting from, or MODIFYING PREVIOUSLY ASSEMBLED or MANUFACTURED vehicles and sells the resulting converted vehicle as RETAIL or WHOLESALE." DOCUMENTATION The following documentation will be needed when ownership of a vehicle is transferred by a second stage manufacturer or a second stage converter (i.e. Conversion Vans): 1. SECOND STAGE MANUFACTURER (a) Manufacturer s Certificate of Origin (MCO/MSO) issued by the first AND second stage manufacturers will be issued to the franchise dealer and given to the retail purchaser upon purchase. Both MSO s are to be surrendered to the County Treasurer when application is made for certificate of title and registration. (b) Application for certificate of title will be completed by indicating: i. Make: The trade name of the SECOND stage manufacturer such, (Ex. Winnebago, Coachman, etc.). ii. Year: The model year as declared by the SECOND stage manufacturer. iii. VIN: The identification (VIN) number of the FIRST stage manufacturer, (Ex. Ford, Dodge, Chevrolet, etc.). 2. SECOND STAGE CONVERTER (a) Manufacturer s Certificate of Origin issued by the first stage manufacturer and second stage converter will be issued to the franchise dealer and given to the retail purchaser for surrender to the County Treasurer when application for certificate of title and registration are made. (b) Application for a certificate of title will be completed by indicating: i. Make: Trade name of SECOND stage converter. ii. Year: The model year as declared by the FIRST stage manufacturer. iii. VIN: The identification number of the FIRST stage manufacturer. When a franchised van dealer sells a conversion van, the dealer should assign the conversion MSO/MCO and attach the original MSO/MCO UNSIGNED. April County Treasurer's Manual

103 DISPOSING OF A JUNKED VEHICLE S TITLE NOTE: DO NOT instruct a vehicle owner to write Junk or Junked across the face of the title for a vehicle the owner no longer wants registered but still has in his or her possession. County Treasurer s offices are NOT to accept titles for vehicles that the owner is claiming have been junked. If the owner no longer wishes to register a vehicle, but intends to retain possession, he or she can apply for a nonhighway title-discontinued liability insurance, a salvage title or a nonrepairable title* which ever meets the condition of the vehicle. * Vehicles declared as nonrepairable can NEVER be titled again as roadworthy. A nonrepairable vehicle is only to be used as a source of parts or scrap and cannot be sold as a unit (except if issued in the name of an individual and being assigned to a licensed salvage dealer or crusher). Only one nonrepairable title will ever be issued and it will have only one assignment. USE CAUTION IF RECOMMENDING THIS OPTION. VEHICLE OWNER HAS TITLE The title of a vehicle that is being declared as junked or parts only by the owner must be assigned by the owner to a Licensed Salvage Dealer or to the purchaser of the vehicle that is using the parts from the vehicle. DECLARING VEHICLE AS JUNK Only Licensed Salvage Dealers or Crushers can submit a title to the Titles and Registrations Bureau declaring the vehicle as Junk. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 8-1,137 April County Treasurer's Manual

104 CORRECTIONS TO ASSIGNMENTS ASSIGNMENT WILL BE VOID WHEN Title assignments which have whiteout, erasures or the incorrect information on the assignment is been crossed through completely covering the information so that the information cannot be read are VOID DUE TO ALTERATION. HOW TO MAKE CORRECTIONS If a mistake is made and the assignment has not been altered, draw a SINGLE LINE through incorrect information so that it is still legible. Next to the incorrect information, write in the correct information, if space allows. An affidavit explaining the error must be attached to the title. If there is not enough space on the title assignment to make the correction, include what the correction is on the affidavit. If the error is dealing with the lien holder s information, a NOTARIZED lien release or a NOTARIZED no interest letter will be required. PERMITTED CORRECTIONS Information within a title assignment or reassignment that may be corrected by affidavit: Typographical or spelling error; Buyer and/or seller s name recorded in the incorrect space on assignment (buyer in seller s space and visa versa); Wrong assignment space was used, assignment done in dealer s reassignment space in error. CORRECTIONS NOT PERMITTED BY AFFIDAVIT Information within a title assignment or reassignment that CANNOT be corrected by affidavit: Information that has been altered or mutilated by white out, erasure, writing over or blocked/blacked out. Any information that was recorded in error must be legible to be corrected by affidavit. Only a single line is to be drawn through the information so it is still legible; Odometer disclosure cannot be corrected by an affidavit. A Odometer Disclosure Statement, form TR-59, is to be used and the word Correction is to be written across the top of the TR-59; An assignment cannot be disclaimed by affidavit. An Affidavit of a Fact, form TR-12, must be completed by party shown as buyer. Seller cannot make statement assignment was done in error. April County Treasurer's Manual

105 INCOMPLETE ASSIGNMENT An incomplete assignment (seller s signature and dated assignment) is not viewed as a legal assignment. The next assignment space may be used as the actual assignment with the accompanying affidavit of explanation. DISCLAIMERS If a Kansas vehicle dealer takes a vehicle back, a disclaimer from the purchaser shown on the assignment can be accepted. The dealer can then drop down to the next reassignment and assign to the new buyer unless the title is full. If the title is full, the dealer may attach one Kansas Reassignment Addendum. If the buyer shown on the addendum is disclaiming the vehicle, the dealer will need to apply for a title only in the dealership s name. Generally vehicles should be disclaimed within 30 days; however, under certain circumstances there may be an agreement with the dealership that would allow the disclaimer beyond 30 days. Each transaction over 30 days has to be authorized by the Titles and Registration Bureau. For an isolated or occasional sale, the assignment may be disclaimed by the buyer, if within 30 days from the date of sale and delivery, back to the owner shown on the front of the title. The individual or business listed on the front of the title as owner must apply for and obtain a duplicate title before assigning the vehicle s ownership to the next buyer. A buyer shown on the title assignment is not allowed to disclaim the assignment to them and then use a reassignment to transfer the vehicle to a new buyer. The buyer on the first assignment must put the vehicle s title in his &/or her name first. If there are lien holders recorded on any of the assignments where disclaimers are being used, there must be a lien release (notarized if a Kansas lien holder, otherwise reciprocate with other states notarization requirements). ADDING AND/OR DELETING OWNERS FROM ASSIGNMENT OF TITLE To insure titles are not being jumped (buyer A sells the vehicle to buyer B without titling and paying taxes) the follow process will be used: If there is only one (1) original buyer shown on the title assignment, a new second or more owners may be added using the Affidavit to a Fact, form TR-12. THE ORIGINAL BUYER CANNOT DISCLAIM OWNERSHIP AFTER THE ADDITIONAL OWNER(S) HAVE BEEN ADDED. If there are multiple original buyers shown on the title assignment, a new owner(s) maybe added using the Affidavit to a Fact, form TR-12. One or more of the original buyers may disclaim ownership using the TR-12, AS LONG AS AT LEAST ONE OF THE ORIGINAL BUYERS REMAIN ON THE ASSIGNMENT AS AN OWNER. April County Treasurer's Manual

106 LIENS DECLARATION OF LIEN An owner/applicant must declare any and all liens or encumbrances at the time of application for title. Failure of the applicant to do so is illegal and constitutes a fraudulent application. Every title application form for the Kansas Division of Vehicles has the following certification statement: I hereby certify that I am a resident or have a bona fide place of business in this county and that I am an owner of and have in effect financial security for the above mentioned vehicle as required by law. I certify that all liens and/or encumbrances, if any are listed and the information on this application is true and correct to the best of my knowledge. (Underline added.) This is why if a manual application (TR-212 or TR-720B or TR-720R) is used as the signature document, the owner s name, lien holder s name and the vehicle s year, make and VIN MUST be record thereon. NUMBER OF LIENS THAT CAN BE RECORDED ON A VEHICLE S RECORD 26,000 LBS. OR LESS For vehicles with a gross vehicle weight rating (GVWR) of 26,000 lbs. or less, only one (1) lien can be recorded on the title record. If the applicant wants to replace the lien holder currently on file with a new lien holder, an application for Refinance Secure Title Application, form TR-720R, must be completed and submitted. Refer to the Refinance Secure Title Section for further details. 26,001 LBS OR MORE For vehicles with a GVWR of more than 26,000 lbs. up to two (2) liens can be recorded on the title record. If the paper title or the registration receipt for an etitle indicates a current lien holder, the new lien holder listed on the secured title application will be the second lien holder of record for the vehicle. April County Treasurer's Manual

107 LIEN RECORDING A Notice of Security Interest TR-730 (NSI) may be filed by Kansas e-lien, mail or otherwise, with the Division of Vehicles by a lien holder within thirty (30) days after the date of sale and delivery of the vehicle. Except for inventory financing of new or used cars being sold by registered dealers, the Uniform Commercial Code makes notation of security interest on the certificate of title as the sole means of completing such security interests. Liens may be verified, BY WRITTEN REQUEST AND PAYMENT OF FEE*, through the Title and Registration Bureau, Division of Vehicles, Department of Revenue, Topeka, Kansas * Should there be a need for verification, a Request for Access to Vehicle Records, form TR/DL-302, must be completed and submitted. There will be a $6.00 fee per verification request (fee subject to change without notice). RELEASE OF LIENS A lien holder's name may be removed from the title certificate by means of the following: PAPER TITLE 1. Notarized* release of lien; 2. Notarized* statement executed by the lien holder; 3. Notarized* lien releases are acceptable on the face of Kansas titles (if release space is provided); 4. When a lien has NOT been released and the ownership is being transferred, a notarized* Lien Holder's Consent to Transfer Ownership of Vehicle, form TR- 128, must accompany the title application; 5. Notarized* release on the reverse side of Kansas Certificate of Title (if space is provided); 6. Court order. * The release of lien may not be notarized IF THE LIEN HOLDER IS LOCATED in a jurisdiction that does not require notarization. There is a Lien Release, form TR-150, located on the web. A Kansas lien holder must notarize their release of lien on a title from a state that does not require notarization. The location of the lien holder determines the notary requirement, not the title document. ETITLE If the lien holder is a partner with the Kansas Division of Vehicle on the Kansas elien system and the lien was originally filed electronically, the lien holder can release their lien electronically using the elien system. April County Treasurer's Manual

108 A lien on an etitle may also be released using any of the paper methods listed for paper titles above. LIENS CREATED IN OTHER JURISDICTIONS If a vehicle registered in another jurisdiction is subject to a lien or encumbrance when brought into Kansas, and the title or the registration receipt is retained by the lien holder in another jurisdiction, release of the title, or the registration receipt must be obtained by the applicant, or the Division of Vehicles. Refer to "Out-of-State Title Held by Out-of-State Lienholder" in this section for further details. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process d April County Treasurer's Manual

109 RELEASE OF LIEN INFORMATION REQUIRED FROM LIEN HOLDER Information on the release of lien must match the information for the vehicle s etitle record. If the information does not match, the lien may not be released by the bureau. A Release of Lien, form TR-150, is available on our web site. For paper titles, the release of lien may be part of the title or on a separate form. Each state may have slightly different methods for allowing a lien to be released. Counties are encouraged to do their best to know any special methods for state that surrounding Kansas. The following information must be recorded within a release of lien: Name of the lien holder. (Must match etitle) Name of the vehicle owner. (Must match etitle) Vehicle Information Year, Make and Complete VIN. (Must match etitle) Mailing Information, mail printed title to information. It is required on the E-Lien system and as/400 Statement that the lien is paid, satisfied or released Signature of authorized agent of lien holder If a lien holder in a notary state, the release must be notarized. A Kansas lien holder must notarize all of their release of liens with a notary seal, notary s signature, date release was notarized and the date the notary s commission expires. METHODS FOR DELIVERING RELEASE OF LIEN PAPER TITLES, the release may be completed on the title or on a separate document. Some states allow only one method of releasing the lien. Counties are encouraged to do their best to know any special methods for state that surrounding Kansas. If in doubt of what is needed, please check the current National Auto Dealers Association (NADA) Title and Registration Manual for that state or feel free to call T & R. ETITLES If the Notice of Security Interest (NSI) was filed using the kselien.com system, the lien holder can use this same record on the elien system to release their lien. If the lien holder cannot release their lien using the kselien.com system, they can complete a release of lien (EX: form TR-150). The completed release of lien may be April County Treasurer's Manual

110 delivered by mail, fax, or in person to the individual or business that paid the lien off and has requested the release (KAR (b)). The completed release of lien may be: 1. Taken to the county treasurer s motor vehicle office and a lien release application is completed. There is no fee for this application. 2. Faxed directly to the Special Processing section of the T & R Bureau at (785) This fax number is only for release of liens. 3. Taken to the Front Counter area of the T & R Bureau. 4. No hand carries will be processed by the Titles and Registrations front counter if the lien release has been faxed into the state or the lien release application has been completed at the county level. The title and registrations bureau will not pull any lien releases faxed into their office. TIME REQUIREMENT Kansas statute KSA 8-1,157 sets time requirements for a lien holder to provide a release of lien once a lien has been satisfied. The following are the requirements: PAID BY CASH, INTRA-BANK TRANSFER OR WIRED FUNDS When a lien has been paid in full by cash, intra-bank transfer or wired funds, the lien is considered paid in full (satisfied) as soon as the lien holder receipts the payment. The lien holder will then have three (3) business days after the receipt of payment and a request for the release of the lien to fully execute a release of lien and shall mail or deliver such release where directed by the person who requested the release. PAID BY ANY OTHER FORM OF PAYMENT When a lien holder has been paid in full by any other form of payment (other than cash, intra-bank transfer or wired funds) with a request for the release of the lien, the lien holder must fully execute a release of lien within ten (10) business days and shall mail or deliver such release where directed by the person who requested the release. COMPLETED The release will be considered completed when it is placed in the US mail, postage prepaid or, delivered to the person requesting the lien release or, is faxed to the April County Treasurer's Manual

111 Kansas Division of Vehicles or a Kansas County Treasurer s Motor Vehicle office. For liens released electronically the release will be considered completed when it is delivered electronically to the Bureau. WRITTEN REQUEST In addition to the final payment, a written request for the lien release is needed. If the written request is not sent with the payment, the clock will not start until the request has been received. The written request may be delivered by the mail, by fax, by or in person. The bureau has a Request of Lien Release, form TR-155, available at our web site. This is not the only form that may be used, however, this form has the details from KSA 8-1,157 concerning the time requirements and the consequence for failure to meet the requirements. MAILING TITLE TO THE ONE THAT PAID OFF THE LOAN KAR (b) states: b) Each title with a lien or security interest held in electronic format shall be mailed to the owner once the lien or security interest is satisfied, unless the division is otherwise instructed by a person who satisfies the lien or security interest but who is not the owner. If there are mailing instruction within the release as to whom and where title is to be mailed, this information is to be used as a Special Mailing Order in the VIPS system when completing a lien release application. COMPLAINT PROCESS IF RELEASE IS NOT COMPLETED IN TIMELY FASHION As covered in the Time Requirement section of this subject, a lien holder will have a maximum of 10 days to complete a release. If the lien holder fails to comply with KSA 8-1,157, the owner or the individual or business that paid off the lien may file a Lien Holder Complaint Form, TR-156, with T & R. By filing a complaint, the Division of Vehicle becomes one of the aggrieved parties. The division will investigate the complaint and the division may schedule an administrative hearing on the complaint. Civil administrative penalties may also be assessed against the lien holder. The timely completion of a release of lien is a serious issue. For complete details of the requirements and consequences of the statute, use the link to KSA 8-1,157 below. KANSAS STATUTES ANNOTED (K.S.A.) AND KANSAS ADMINISTRATIVE REGULATIONS (K.A.R.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 8-1, April County Treasurer's Manual

112 NOTICE OF SECURITY INTEREST A Notice of Security Interest (NSI) serves as notification to the Division of Vehicles that a person has applied for a loan on a newly acquired vehicle (original purchase), subsequently, the lien is to be reflected on the etitle. NOTE: An NSI CANNOT be used to perfect a secured interest when making application for a Secured Title or (the vehicle is mortgaged, used as collateral) or a Refinance Secure Title (one lien holder is replacing another). TRANSACTION TYPE-SIZZZZ SIZZZZ is the Notice of Security Interest transaction type on the VIPS, WIP file. The SIZZZZ is not a registration record or proof of ownership. This transaction type only notes that a Notice of Security is on file, i.e. there is a lien on the vehicle. FILING A NOTICE OF SECURITY INTEREST There are two (2) ways of filing a NSI: Electronically using the internet at Kansas elien (kselien.org), or By completing the Notice of Security Interest, form TR-730, and mailing or delivering it directly to the Kansas Division of Vehicles. 1. To perfect a security interest in a vehicle, a NSI may be filed, by Kansas elien, by mail or otherwise, with the Division of Vehicles by a vehicle dealer or the secured party (within thirty (30) days of the date of sale or delivery). The Notice of Security Interest application will be recorded with this office as a lien filing that the title should, indeed, reflect a security interest. 2. If a Notice of Security Interest is filed more than thirty (30) days after the date of sale and delivery of a vehicle or if there is any deviation in the information on the Notice of Security Interest and the title application. It then becomes the responsibility of the secured party to ensure that their interest appears on the vehicle title record in order to protect their interest. A security interest may also be perfected by instructing the purchaser to indicate the name of the secured party on the title application made at the county treasurer s office. 3. The fee for a NSI is $2.50 per lien. 4. Should the secured party elect to perfect a lien by mailing or delivering the Notice of Security Interest, the form must be accurately completed and a $2.50 fee per NSI attached and mailed to the Kansas Department of Revenue, Division of Vehicles, Secured Title Section, 915 SW Harrison, Topeka, Kansas April County Treasurer's Manual

113 VERIFICATION Should there be a need for verification, a Request for Access to Vehicle Records, TR/DL-302 form must be completed and submitted. There will be a $10.00 fee per verification request (fee subject to change without notice). Verification can also be completed at the county treasurer s office, and the treasurer s office may collect an additional $1.00 miscellaneous fee. If the record is found and given to the customer, do not send any copies to the state. Give the customer the state copy, attach the form TR/DL-302 to the county copy and file. If the record is not provided, print the receipt, collect the money including an additional $1.00 for the county, attach the TR/DL-302 completely filled out to the state copy, tell the customer it will take about three weeks to get it back and send to the state in the daily report attn: verification desk. Counties may either send the $25.00 Vehicle History to the state in the daily report with the form attached and completed to the state or tell the customer to remit the request to the titles and registrations bureau, attn verifications desk, The county cannot collect $1.00 miscellaneous fee. Reminder, a transaction type of SIZZZZ is a notice of security interest, it is NOT a registration or title record (proof of ownership). NOTE: Lien holders that are signed up for Kansas elien will be able to verify vehicle and lien status using their internet access to the kselien.org at no additional cost or fee. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process d April County Treasurer's Manual

114 OUT-OF-STATE TITLE HELD BY: Leasing Company OR Out-of-State Lien Holder, OR Electronically by Out-of-State DMV MVE-1 TITLE-The Kansas Highway Patrol and their designee will accept faxed copies of the front and back of the out-of-state title, faxed directly from the leasing company or out-of-state lien holder to the treasurer's office or to the inspection station office. ELECTRONIC TITLE-The Kansas Highway Patrol and their designee will accept the current out of state registration receipt in lieu of the title, if the inspector is able to determine that the title is being held electronically by the state that issued the registration. PROCESSING APPLICATION The following procedures should be used when the applicant has moved into Kansas and their title is being held by the leasing company or an out-of-state lien holder or electronically by an out-of-state DMV: TITLE The vehicle owner/lessee will be responsible for having the leasing company or lien holder fax the front and back of the title directly to the treasurer's office or to the inspection station office. If vehicle owner/lessee has the copies faxed to the treasurer's office, they will need to pick up the copies and take them, along with the vehicle, to the inspection station and obtain an MVE-1. The vehicle owner/lessee will submit to the treasurer's office the following document when making application for title and registration; The faxed copy of the front and back of the title, The current registration receipt issued from the previous state and, The MVE-1 form. Proof of insurance. April County Treasurer's Manual

115 ETITLE The vehicle owner/lessee will need to present their current registration receipt to the inspector. It will be the owner/lessee responsibility to present proof that the title is being held electronically if the inspector is unable to verify that the state in question is an electronic title state. The vehicle owner/lessee will submit to the treasurer's office the following document when making application for title and registration; The current registration receipt issued from the previous state, The MVE-1 form, and Proof of current Insurance. OBTAINING THE OUT OF STATE TITLE When the application is edited by the Titles and Registrations Bureau (T & R), the Title Team Section will send correspondence to the lien holder or leasing company requesting the out-of-state title be surrendered to the Kansas Titles and Registrations Bureau. When the bureau has received the title, a Kansas electronic title will be completed, unless the lien has been released. T & R will also send the owner/lessee a copy of the correspondence for their information. Titles held electronically by other states most commonly will be issued if the lien holder request the title be printed and mailed to them reflecting their lien. IT IS THE VEHICLE OWNER'S/LESSEE S RESPONSIBILITY TO VERIFY WITH THE LEASING COMPANY OR LIEN HOLDER THAT THE TITLE HAS BEEN MAILED TO THE BUREAU. Not receiving a copy of the letter sent to the lien holder or leasing company does not relieve this responsibility. LEASING COMPANY OR LIENHOLDER REFUSES TO FAX COPIES OF TITLE If the leasing company or the lien holder refuses to fax copies of the title, the Treasurer s office is to require the owner s current out of state registration receipt* and process the application missing the MVE-1 and mark in the left margin of the application (TR-200) MISSING TITLE & MVE-1. The T&R Bureau will contact the leasing company or lien holder regarding the title. * If the out-of-state registration is expired, the application CANNOT be processed without the faxed copies of the front and back of the title. April County Treasurer's Manual

116 LEASING COMPANY OR LIEN HOLDER REFUSES TO RELEASE TITLE The Division of Vehicles cannot force a leasing company or lien holder to surrender the title. The owner must work with the leasing company or lien holder to have the title released to the bureau. A Kansas title will NOT be issued until the out-of-state title has been received in the Title and Registrations Bureau. If the leasing company or lien holder does not surrender the title to the Titles and Registrations Bureau, the vehicle registration may not be renewed. April County Treasurer's Manual

117 ENTERING A VEHICLE INTO A TRUST TRUSTS If the vehicle is currently owned by the person(s) wishing to set up a trust, the owners will need to use the title assignment on the back of the title to assign the vehicle into the trust s name. If the trust has already been established and a new vehicle has been acquired by the trust, the assignment of title will need to be in the name of the trust. Trust papers are not required to assign the vehicle into the trust s name. TRANSFERRING REGISTRATION (TAGS) TO THE TRUST The trustees names may be arranged to allow a plate transfer. The first letter of the trust name typed onto the application (TR-200) must match the first letter of the previous owner s name (match the registration period of the plate to be transferred). Example: Doe, John and Doe Family Trust, the plate may be transferred because both names will have an April expiration. If there is a lien holder, a completed and notarized Lien Holder s Consent, form TR- 128, will be needed. WHO MAY ACT FOR THE TRUST If the trustees names do not appear on the face of the title or the trustee and the trust are not the same name, the trust papers will be required when signing the title application and/or registration renewals. As long as the person(s) name who is acting on behalf of the trust is showing within the trust name, no additional documentation is needed. EX: John Doe is signing for a vehicle titled in the name of John Doe Family Trust. If the trustee s names are joined by and, all trustees signatures will be required unless the trust papers provide verbiage that the trust can act separately. If the trust papers grant the ability to act separately, copies of the trust papers will need to be attached to the title application as supporting documentation. TRANSFERRING OWNERSHIP If the vehicle is currently titled in the name of trust and the person(s) signing the title assignment are the same name(s) within the trust s name, no additional paperwork is needed. EX: John Doe is signing for a vehicle titled in the name of John Doe Family Trust. April County Treasurer's Manual

118 If the vehicle has not been transferred into the trust and the owner is deceased, the title must be put into the trust s name before the vehicle can be disposed of. In order for the trust to claim the vehicle the trust papers must specifically list the vehicle or have a statement that any personal property held by the deceased is to be held by the trust upon death. The trustee will be allowed to transfer the title into the name of the trust. Reassignment by the trustee(s) should be signed as the trust has been set up (EX: John Doe Living Trust by John Doe Trustee or John Doe Living Trust by Bob Smith Trustee). DOCUMENTATION REQUIRED If the trust allows a letter of testament signed by a judge appointing an executor/executrix the application for title must be placed in the trust name before an assignment of title can be completed. Attach the court document to the application. If the application for title involves foreign documents, it is recommended that you contact the Title Team Section of the Titles and Registrations Bureau if you have any questions on the requirements. These types of transactions may be too numerous to outline in this section. One of following two supporting documents will be required to validate the trust. Kansas law provides for the Certification of Trust, form TR-81 (per KSA 58a- 1013). In lieu of furnishing a copy of the trust papers, the trustee may furnish a completed Certificate of Trust. The TR-81 has all the requirements set forth in KSA 58a-1013 and it is highly recommended that this form be used. Any Certificate of Trust that is not completed on the TR-81 must have all the same elements as the TR-81. A copy of the trust document. The entire trust is not necessary, only the page(s) listing the name of the deceased and the page(s) naming the trustee(s). If the vehicle is not currently titled in the name of the trust, we will also need the page(s) that list the vehicle or has the statement claiming any personal property. April County Treasurer's Manual

119 VEHICLE NOT TITLED IN TRUST S NAME AND TRUST DOES NOT LIST VEHICLE OR REFER TO PERSONAL PROPERTY If the vehicle is not currently titled in the trust s name and the trust document does not list the vehicle or have a statement concerning personal property, the heirs must apply for a decedent title, form TR-83a or the claim of heir, form TR-83b, before the vehicle can be disposed of. OUT-OF-STATE TRUST Any out-of-state trust regulation or rule will be followed when an application for title is being completed using an out-of-state title. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process. 58a-1013 April County Treasurer's Manual

120 PURCHASE PRICE FOR SALES TAX VEHICLE PURCHASED AT A KANSAS DEALERSHIP Licensed Kansas dealers must collect sales tax at the time of purchase. The counties will use the purchase price listed on the Kansas sales tax receipt issued by the dealer to calculate if there is a difference due between the local taxes collected by the dealer and county in which the application is submitted local sales tax rate. The VIPS system will compute if additional tax is due. KANSAS RESIDENT IS LEAVING KANSAS SHORTLY AFTER PURCHASE, BUT CHANGES THEIR MIND If a Kansas resident buys a vehicle from a Kansas dealer, but informs the dealer that he or she is moving out of Kansas within 10 days of the date of purchase, the dealer will not collect the sales tax. The dealer will provide the buyer with an STD 8-B which they will present to the DMV in the state to which they are moving in to. If the buyer changes their mind and stays or returns to Kansas, the treasurer s motor vehicle office is NOT to send the buyer back to the dealer. The county is to collect all state and local sales tax. VEHICLE PURCHASED AT AN OUT OF STATE DEALER The applicant is to provide a copy of the sales invoice or receipt from the out of state dealer listing: the name and address of the dealership; the buyer s name; the vehicle s year, make and VIN; and the purchase price of the vehicle. This document does not need notarization. In most cases, the out of state dealer will not collect any sales tax. However, if the out of state dealer collected any sales tax, the percentage used to figure the tax collected is to be compared to the Kansas state sale tax rate. If the percentage collected is lower, the county is to collect the difference. If the amount collected is higher, there will be no additional state tax due, there is NO REFUND of the difference. ALL LOCAL SALES TAX IS TO BE COLLECTED REGARDLESS OF THE AMOUNT OF OUT OF STATE SALES TAX COLLECTED. ISOLATED OR OCCASIONAL SALE, PROOF OF PURCHASE PRICE An isolated or occasional sale is any assignment of title, or bill of sale when permitted, between individuals and/or businesses that are not licensed dealers. If the vehicle is purchased through an isolated or occasional sale the purchase price may be obtained: From the title assignment if there is a space to record the purchase price, or From the Affidavit of Purchase Price, form TR-11, or April County Treasurer's Manual

121 From a bill of sale providing the make, year, vehicle identification number, date, purchaser's name and signature, the buyer s and seller's printed names and signatures, a perjury statement* and purchase price. Form TR-12 has all the required information. * A perjury statement is as follows: By my signature I swear and affirm the above stated purchase price is true and accurate under penalty of perjury. I am aware that the law provides severe penalties for making false statements under oath. The buyer is required to sign this statement attesting the amount of sales tax was collected on the correct purchase price. If the applicant (buyer) does not have one of the above sources of purchase price and chooses not to contact the seller or cannot locate the seller, the NADA suggested retail price may be used in lieu of the bill of sale. The NADA guide on the VIPS system provides the average retail sale price for numerous vehicles. If the information is unavailable on the VIPS NADA guide, the retail value may be acquired through Edmund.com. To use Edmunds.com, for auto and light trucks, just click on top of the underlined words to the left, then follow instructions on the screens. Edmunds.com will not compute trailer prices. For a motorcycle, motorized bicycle, heavy truck or trailer contact a local dealer who sells that make and ask for the fair market value. There will be three prices listed, use the Private Party price for computing sales tax. It is suggested you print this screen and attach it to the paperwork in case the applicant wants to see what was used to figure the purchase price and so you will not have to do the search again. AUCTIONEERS Auctioneers that have a permanent location where they hold their sales will also collect sales tax on any vehicle sold to individuals. They will be issuing invoices which may vary depending on the auctioneer submitting the receipt. If an auctioneer is selling a vehicle at the individual residence or a non-permanent location, they will not be collecting sales tax and the treasurer s office will need to collect the sales tax when the individual is making application for title and registration. Licensed auto auctions cannot sell to individuals or unlicensed dealers. There is one exception. When the law went into effect for licensed auto auctions, Wichita Auto Auction was the only auction in Kansas and was allowed to grandfather into the system which allowed continuing sales to individuals. AFFIDAVIT IN LIEU OF PURCHASE PRICE Vehicles and trailers that are exempt from sales tax payments will not be required to present proof of purchase price, however an exemption affidavit must be provided. Vehicles and trailers will require an affidavit in lieu of proof of purchase price when: April County Treasurer's Manual

122 Insurance companies titling a vehicle as nonhighway, salvage or nonrepairable as the result of a claim settlement. Trailers cannot be titled as nonhighway, salvage or nonrepairable and must be titled and registered in the insurance company name, but sales tax is not due if this is the result of a claim settlement. Vehicles donated or given as a gift will require the Vehicle Gift Certification section of the Affidavit to a Fact, form TR-12 to be completed by the seller/giver. Dealers and/or businesses cannot use the gift affidavit. Vehicles SOLD or gifted between: grandfather, grandmother, father, mother, son, daughter, adopted child, step child, grandchild, and the spouses of any of these (Lineal ascendants or descendents) are to complete an Affidavit of Relationship, form TR-215. The vehicle must be titled in the name of the family member selling or giving the vehicle to the immediate family member. A transaction between a brother, sister, aunt, uncle, niece or nephew does not qualify for exemption. Vehicles that are titled on a repossession title and are being retitled into the same owner s name(s) which the vehicle was repossessed from by the lien holder. (Lien holder is returning vehicle to previous owner.) PURCHASE DOES NOT REFLECT NORMAL PURCHASE PRICE FOR VEHICLE If the treasurer feel the stated purchase price is obviously too low, flag the sales tax receipt and title application manually by writing in red ink on the side of the title application Please Verify Sales Tax Collected. When preparing your daily report, place any title applications you have flagged on top of your vehicle report and T&R will forward copies to the sales tax division for review. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

123 SALES TAX EXEMPTION IMMEDIATE FAMILY The sale or gifting of a motor vehicle that is titled in the name of one family member to another immediate family member is exempt from sales tax. Immediate family members are defined as lineal ascendants and descendants and their spouses. The sale or gift of a vehicle on which there is a lien is exempt from sales tax if the buyer and seller are immediate family members, as defined in the statute. DOCUMENTATION REQUIRED To qualify for the sales tax exemption, the buyer and seller must complete the Affidavit of Relationship, form TR-215. IMMEDIATE FAMILY MEMBER The following transactions between family members will be exempt from sales tax: Parent to son or daughter (including adopted children and step children) and their spouses; Son or daughter to mother or father (including step parents); Son-in-law or daughter-in-law to parent-in-law; Grandparent to a grandchild or the grandchild s husband or wife; and Grandchild to a grandparent or to the grandparent s spouse. Sales between brothers and sisters, aunts, uncles, nieces, and nephews are not sales between immediate family members as defined by statute and DO NOT qualify for this exemption. When one or more of the joint owners of a vehicle are not immediate family members, the sale is exempt only if the seller s title is an and/or or or type of relationship. TRANSACTIONS THAT DO NOT QUALIFY FOR THE EXEMPTION Vehicles that qualify for this exemption generally include cars, light trucks, and motorcycles. Vehicles that DO NOT qualify for this exemption are trailers and vehicles defined under K.S.A These are: all state assessed vehicles (including utility vehicles); motor vehicles having a gross weight of more than 12,000 pounds; April County Treasurer's Manual

124 motor vehicles owned by car rental companies; vehicle is titled in or assigned to a dealership owned by a family member (the vehicle must be titled and registered (sales tax paid) in the name of the family before it is sold or given to another qualifying family member. recreational vehicles; and all other vehicles that are exempted from property tax under the provisions of the Kansas Statutes Annotated or the Kansas Constitution. (EX: Vehicles owned by a military member are required to pay sales tax, but may be exempt from property tax.) To certify that a vehicle is exempt, an Affidavit of Relationship, form TR-215, must be completed. Both the buyer and seller must attest to their family relationship and each of their signatures must be notarized. Buyers must submit the affidavit to the County Treasurer. The Treasurer should forward the affidavit and title paperwork to the Titles and Registrations Bureau. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

125 OWNERSHIP TRANSFER BY COURT ORDER When sale or other transfer of vehicle ownership is made by an order of the court, a certified copy of the entire court journal entry must be attached to the application. The person, firm or corporation to whom the vehicle was awarded must file the application. This court order, signed by the judge, may be used in lieu of a title. VERIFICATION OF LAST REGISTERED OWNER IS NOT NECESSARY. Application for registration, and/or certificate of title must be made through the County Treasurer's Office. Applicant may apply for a Title Only. April County Treasurer's Manual

126 OWNERSHIP TRANSFER BY DEMISES ORDER OF INHERITANCE 1 st Spouse 3 rd Parents 5 th Grandparents 7 th Cousins 2 nd Children 4 th Siblings 6 th Nieces/Nephews ESTATES VALUED AT $40,000 OR LESS When a Kansas resident dies leaving an estate valued at $40,000 or less, the surviving heir(s) is allowed vehicle(s) owned by the deceased. The vehicle(s) is required to be titled in the surviving heir s(s ) name(s) before any transfer of ownership by the heir(s) can be made. If there is no surviving spouse, immediate heirs may apply for a title in their names. An immediate heir may release interest in a vehicle or vehicles by providing a bill of sale or disclaimer for each vehicle. At least one immediate heir must make application for title in his or her name before transferring ownership. The heir(s) are to complete a Claim of Heir Affidavit, form TR-83b, for each vehicle. The applicant then presents to the County Treasurer's office the completed affidavit, the existing title or registration or verification from the County Treasurer's office or the Titles and Registrations Bureau. Proof of death must be presented at the time of application for each affidavit: This may be one of the following, copy of the death certificate, obituary article, or a pray card with the deceased name from the funeral home. In case there is a challenge to form TR-83b, here is a link to the Kansas Judicial Council form for a claim of heir. However, you ll notice the forms are alike. The Judicial Council has approved the TR-83b. It is the heir(s) option to apply for a title only or for title and registration. INTESTATE ESTATES VALUED OVER $40,001 One vehicle can be titled into the heir s names using a Decedent Affidavit (reviewed later in this section). If there are two or more vehicles in the name of the deceased, the remaining vehicle will require a court order or a probated will. April County Treasurer's Manual

127 TESTATE ESTATE PROBATED When a Kansas resident dies and leaves a will which is subject to probate, the surviving spouse and/or minor children are entitled to one vehicle from the personal property of the deceased. The vehicle is required to be in the surviving spouse's name before transfer of ownership can be made. When the estate is probated and the vehicle(s) owned by the deceased is transferred in ownership by inheritance, the applicant must present to the County Treasurer the following: A certified copy of the administrator or executor's letter of administration issued by the clerk of the court. (Must be signed by the judge.) The existing certificate of title or registration receipt, IF AVAILABLE. If the deceased ownership document is required and not available, a duplicate title must be obtained by the court appointed estate administrator. The administrator(s) or executor(s) are required to sign the deceased title document as indicated in Legal Instrument. Example: "John Doe, Administrator of the Estate of Richard Roe". When vehicle ownership is transferred to an estate, the administrator/executor is required to apply for title in the name of the estate. A release of lien or a Lien Holder s Consent to Transfer Ownership, form TR-128 will be required if there is an existing lien on the title record. If there is a paper title with the lien showing, the assignment is to be completed on the title. If the vehicle is being held as an etitle or if the paper title has been lost, use the assignment on the bottom of the TR-128. REGISTRATION AND PENALTY EXEMPTION A transfer of ownership due to death of the vehicle owner does not require application for registration, except when vehicle is to be operated on the roadways of Kansas. The immediate heir/s may apply for a "Title Only". If the deceased failed to apply for registration and title, the applicant is exempt late title fees. NOTE: If current registration exists in the deceased's name, a surviving spouse may title and transfer the registration into their name. Heirs, other than surviving spouse, cannot apply for a plate transfer. DECEDENT AFFIDAVIT NOTE: Only one (1) vehicle from the deceased estate may be titled by the heir(s) using a Decedent Affidavit. If there is more than one vehicle, the heirs will April County Treasurer's Manual

128 need to use: the Claim of Heir, form TR-83b; probate the will; or obtain a court order. When the vehicle owner dies with or without leaving a will and/or the estate of the deceased is or is not probated, the following procedures will apply with respect to title applicants filing Decedent s Affidavit, form TR-83a: I. A Decedent s Affidavit, form TR-83a, WILL NOT BE required when a certificate of title is issued with the conjunction "or" or "and/or", as this is joint tenancy with rights of survivorship given to the surviving heir and ownership is automatically transferred by law. The certificate of title may be presented to the County Treasurer's office for name change on the title. II. When a certificate of title is only in the name of the deceased, or "and" is used with two or more names, the surviving spouse/heir must complete the Decedent s Affidavit, form TR-83a and provide a copy of the death certificate, newspaper obituary notice or a prayer card with the deceased name from the funeral home. The applicant must present this form to the County Treasurer, with the existing title or a registration receipt for application of a title and/or registration. III. If the existing title or registration receipt is not available, verification of deceased ownership document is obtained from Division of Vehicles, Titles and Registration Bureau, verification desk or the County Treasurer's office. Existing lien(s) must be entered on the title application unless a release of lien has been provided. IV. A release of lien or a Lien Holder s Consent to Transfer Ownership, form TR-128 will be required if there is an existing lien on the title record. If there is a paper title with the lien showing, the assignment is to be completed on the title. If the vehicle has an etitle or if the paper title has been lost, use the assignment on the bottom of the TR-128. NOTE: A registration receipt or verification from the County Treasurer's office or the Titles and Registrations Bureau may be used in lieu of a title for application of decedent's title. April County Treasurer's Manual

129 INTESTATE When a Kansas resident dies without leaving a will, the surviving heir(s) are allowed to transfer vehicle(s) owned by the deceased into their name(s). The vehicle is required to be titled in the surviving heir s name(s) before making any transfer of ownership. The only procedures to use for transferring the title from the deceased to the surviving heir(s) is to use the: Claim of Heir Affidavit, form TR-83b, or the Decedent Affidavit, form TR-83a or by court order. TESTATE When a Kansas resident dies and leaves a will, which will be probated, the heirs listed in the probated will are entitled to the vehicle(s). The vehicle(s) is required to be in the name of the deceased before the heir(s) may make application to title or title and registration. Paperwork required is a certified copy of the administrator or executor s letter of administration issued by the clerk of the court and signed by the judge and the existing certificate of title or the title and registration receipt. Statutes allow for the use of the Claim of Heir Affidavit, form TR-83b, or the Decedent Affidavit, form TR-83a although the will is going to be probated. MORE THAN ONE OWNER SHOWN ON TITLE When there are multiple owners listed on the face of the title and one of the owners dies, the owner(s) left on the face of the title can title the vehicle in their name(s). If the existing title has and between the names of the owners, an obituary notice from a newspaper or a copy of the death certificate will have to be presented in lieu of the deceased owner s signature. The deceased owner s title and registration receipt must be attached to the title and registration application. If the existing title is being held as an etitle and registration receipt is not available, a duplicate registration can be applied for a fee of 50. A release of lien or a Lien Holder s Consent to Transfer Ownership, form TR-128 will be required if there is an existing lien on the title record. If there is a paper title with the lien showing, the assignment is to be completed on the title. If the vehicle is titled with an etitle or if the paper title has been lost, use the assignment on the bottom of the TR-128. April County Treasurer's Manual

130 MULTIPLY OWNERS, RELATED/FAMILY If all the owners are deceased and were in the same family (husband, wife, children), a Claim of Heir Affidavit, trust, probated will, or court order will be required to transfer ownership into the name of the heir claiming ownership before they can dispose of the vehicle. MULTIPLY OWNERS, NOT RELATED If all the owners are deceased and were not in the same family (husband, wife, children), a determinations has to be made on who died last. To accomplish this, death certificates or obituary notices must be provided for all deceased owners. The vehicle belonged to the last owner. If the heirs are the same for all owners, they all must be listed on the decedent affidavit. If the heirs are not the same for all owners, a determination must be made on who died last. The heirs to the last owner will be given rights to the vehicle and their names go on the Decedents Affidavit. If the title lists a transfer on death (TOD), the benefactor(s) must apply for title in their name by using the TOD affidavit, form TR-82. The Decedents Affidavit cannot be used. If the existing Kansas title has an assignment completed to the deceased (buyer), the heirs must title the vehicle in the heir s name(s) using the death certificates, obituary notices or a pray card with the deceased name from the funeral home. If the vehicle has gone through probate, the executor or administrator of the estate would have to title the vehicle in the estate name before transferring ownership. If husband and wife are listed on the Kansas title as owners and one of them has been awarded the vehicle in a divorce decree and does not title the vehicle in their name then passes away, the heirs of the deceased person will need to complete a decedents affidavit or claim of heir affidavit or provide a probated will or court order April County Treasurer's Manual

131 and make application for a title in heir s name(s). The previous spouse has no rights to the vehicle. MOBILE/MANUFACTURED HOME AS HOMESTEAD Mobile/Manufactured Homes are exempt from registration but must be titled. Application is to be a "Title Only". Heirs will follow the same requirements as titling a motor vehicle. If the mobile home has not been titled in the name of the deceased, the heirs will have to go to quite the title in court. Yes, add manufactured home to other vehicle types and delete manufactured home section. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process b April County Treasurer's Manual

132 OWNERSHIP TRANSFER BY LICENSED KANSAS VEHICLE DEALERS KANSAS ADDENDUM (REASSIGNMENT ATTACHMENT) A licensed Kansas vehicle dealer may attach one Kansas reassignment addendum, form TR-91a to any states title 1 or to a manufacturer s statement of origin (MSO) when all available assignment and reassignment spaces on the title and, if applicable out-of-state reassignment attachment (rider), are full. Only one Kansas addendum can be attached to a title or MSO 2. The only limit to the number of out-of-state riders that may be attached in addition to the Kansas addendum is set by the state that issued the rider. 1 If a Kansas addendum is attached to another state s title that does not allow attachments (riders) and the Kansas dealer sells the vehicle to a resident from the state that issued the title, it is suggested that the Kansas dealer obtain a Kansas title only. The other state can reject riders attached to their title which is submitted in their state as proof of ownership when applying for a new title. 2 When all assignment spaces on a MSO/MCO are full and vehicle is being reassigned to another franchised dealer or retail buyer a Dealer Reassignment (form TR-127) may be ATTACHED TO AN MSO/MCO (only). There are no limits to the number of TR-127 that may be attached to a MSO/MCO. The TR-127 can only be used by a franchised (new vehicle) dealer to reassign the MSO for a vehicle of the make to which they are franchised to sell. When all assignment spaces are full on a MSO/MCO and vehicle is being reassigned to another licensed dealer or retail buyer, one (1) Kansas Dealer s Title Reassignment Addendum (addendum), form TR-19a, may be ATTACHED TO THE MSO/MCO. Only one Kansas addendum may be attached to a MSO/MCO. Out of state dealers may attach their state s riders/reassignment attachments to a MSO/MCO that already has a Kansas addendum attached. It is recommended the TR-127 be used for a MSO/MCO because of the unlimited number that may be attached and the TR-19a limit of only one can be attached to MSO/MCO. OUT-OF-STATE JURISDICTION TITLES A licensed Kansas vehicle dealer may reassign an out-of-state title or out-of-state reassignment (rider/addendum) attached to the out-of-state title or a Kansas title by an out-of-state dealer. Kansas dealers can attach ONLY ONE KANSAS ADDENDUM, form TR-19a. If the out-of-state title or the out-of-state rider/addendum attached to the out-ofstate title or Kansas title has no open reassignments space available and a Kansas April County Treasurer's Manual

133 addendum has already been attached, the Kansas dealer shown as purchaser on the last reassignment must apply for and be issued a Kansas title only. An MVE-1 is required for all out of state titles. USED VEHICLE TITLES Kansas licensed dealers may transfer ownership for vehicles held in their inventory by: 1. Using the open reassignment on a title that has been assigned to the dealership s name to assign the title to the new purchaser; or 2. Obtaining a Kansas title only in the dealership s name and use the first assignment to assign the title to the new purchaser, or 3. Attach one Kansas addendum, form TR-19a to assign the title to the new purchaser. WHEN A DEALER IS REQUIRED TO TITLE AND REGISTER, ALL FEES AND TAXES ARE DUE A licensed used vehicle dealer purchasing a new vehicle on an MSO/MCO cannot use the MSO/MCO to reassign the vehicle and cannot apply for a title only. The dealer must apply for original title and registration, pay all fees including sales* and property taxes. A licensed new vehicle dealer purchasing a vehicle, OF A MAKE THEY ARE NOT FRANCHISED TO SELL, on an MSO/MCO cannot use the MSO/MCO to reassign the vehicle and cannot apply for a title only. The dealer must apply for original title and registration, pay all fees including sales* and property taxes. Example: Franchised Buick dealer buys a new Chevy truck on an MSO, the Buick dealer cannot reassign the Chevy MSO/MCO nor apply for title only.) * In these situations only, the new vehicle dealer (out-of-state AND in Kansas) will NOT collect the sales tax. The county treasurer s motor vehicle office is to collect the sale tax. If the dealer purchased the new vehicle for resale, a Resale Exemption form is to be submitted to the County Treasurer s office at the time of application and the County Treasurer will collect the sales tax. The dealer may apply for a refund of all full remaining months of the registration fees and property tax after the Kansas title in the dealership s name has been assigned to the new purchaser. Questions concerning possible refund of sales tax are to be directed to the Kansas Department of Revenue, Division of Taxation at April County Treasurer's Manual

134 DEALER REASSIGNMENT Licensed Kansas dealers may reassign titles to a retail purchaser or to another dealer, providing such vehicles are of the type (new, used, salvage, etc.) which the selling dealer is licensed to sell. MANUFACTURER STATEMENT/CERTIFICATE OF ORIGIN (MSO/MCO) New vehicles, never sold at retail, which are in the inventory of a licensed new vehicle dealer franchised with a manufacturer, will be sold on a Manufacturer s Statement/Certificate of Origin (MSO/MCO). The new vehicle dealership must have a franchise agreement with the manufacture of the make of vehicle they are selling on the MSO/MCO. NOTE: If all the reassignment spaces on the MSO/MCO have been assigned by franchised dealers, (no open reassignment spaces left on MSO/MCO) a TR- 127 "Dealer's Reassignment" may be attached to the MSO/MCO by a Kansas new vehicle dealer franchised for that make. A Kansas Addendum, form TR- 19a may also be used, but is limited to only one (1). If an MSO/MCO is submitted when making application for title in Kansas, the applicant must apply for title AND REGISTRATION* PAYING ALL FEES AND TAXES. * If the MSO/MCO has wording stating the vehicle was manufactured for off road use only, a non-highway title will be applied for and registration cannot be issued. MSO/MCO-MARKED AS USED VEHICLE The considers all vehicles sold on an MSO/MCO as new. Disregard any USED VEHICLE markings or stamps on an MSO/MCO. ERROR MADE BY DEALER ON AN ASSIGNMENT When a Kansas licensed dealer makes an error on the assignment of a title or MSO/MCO, the following procedure can be used to correct the error: Draw a single line through the error so that the incorrect information is still legible. April County Treasurer's Manual

135 Complete an affidavit explaining the error and what is to be used as the correct information. Make a new assignment. If the error is blackened out, is lifted by correction tape or whited out so the error is no longer legible, this procedure cannot be used. We will not accept a rubber-stamped signature on any assignment or re-assignment on a Kansas title. All dealers must provide original signatures and or printed signatures when signing off as the seller of a vehicle. DO NOT ACCEPT ANY TITLE APPLICATION IF THE SIGNATURES ON ASSIGNMENTS ARE NOT ORIGINAL. DELIVERING MSO OR TITLE TO NEW PURCHASER MANUFACTURER STATEMENT/CERTIFICATE OF ORIGIN (MSO/MCO) At the time of delivery of the vehicle or at a time agreed to by both parties, not to exceed 30 days from the date of delivery inclusive of weekends and holidays, the assigned MSO/MCO shall be furnished. The sale of a vehicle without delivery of an assigned MSO/MCO may be fraudulent and void after the 30 day period. The 30 day requirement is meant if the seller mails to the purchaser by restricted mail the assigned MSO/MCO. NOTE: The purchaser of a vehicle transferred by assigned MSO/MCO will have 60 days from the date of purchase to make application for title and registration. CERTIFICATE OF TITLE At the time of delivery of the vehicle or at a time agreed to by both parties, not to exceed 60 days from the date of delivery inclusive of weekends and holidays, the assigned title shall be furnished. The sale of a vehicle without delivery of an assigned title may be fraudulent and void after the 60 day period. The 60 day requirement is meant if the seller mails to the purchaser by restricted mail the assigned title or MSO. April County Treasurer's Manual

136 BLANK ASSIGNMENT PROHIBITED A seller cannot make an endorsement of a title without designating the purchaser. Likewise, a subsequent purchaser's name cannot be entered in the assignment section, as this would constitute a false statement. Each and every owner and the dates of changing ownership must be reflected in the proper transaction order. KANSAS STATUTES ANNOTED (K.S.A.) AND KANSAS ADMINISTRATIVE REGULATION (KAR) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process April County Treasurer's Manual

137 OWNERSHIP TRANSFER USING Power of Attorney Electronic Title Power of Attorney Secure Power of Attorney GENERAL POWER OF ATTORNEY The general power of attorney, form TR-41, can be used when a vehicle is exempt from odometer disclosure statement requirements. The seller authorizes a person(s) or dealership to sign the title on the owner s behalf. A general power of attorney may only be used once per transaction. The power of attorney must be the original document and is to be attached to the application. A power of attorney will not be returned. If there may be two or more transactions that a power of attorney will be required for each, separate original power of attorneys will be required. Copies of the general power of attorney are not valid. POWER OF ATTORNEY AND ODOMETER DISCLOSURE FOR ELECTRONIC TITLE The electronic title power of attorney, form TR-40, can be used when a vehicle is titled with a Kansas electronic title (etitle) and odometer disclosure statement requirements apply. The seller authorizes a person(s) to sign the title and record the mileage on the owner s behalf. An etitle power of attorney may only be used once per transaction. The power of attorney must be the original document and is to be attached to the application. A power of attorney will not be returned. If there may be two or more transactions that a power of attorney will be required for each, separate original power of attorneys will be required. Copies of the etitle power of attorneys are not valid. Dealerships CANNOT use the TR-40, they must use the secure power of attorney. SECURE POWER OF ATTORNEY A secure power of attorney (SPofA) is to be used when a vehicle is subject to odometer disclosure statement requirements and the title is being held by an out-of-state April County Treasurer's Manual

138 lienholder, is an e-title or the original title has been lost and a dealer is applying for a duplicate for the owner. The actual odometer disclosure statement is on the secured power of attorney and the information is transferred from the secured power of attorney to the title assignment. The secured power of attorney is the official odometer disclosure statement. The second secured page/copy of the Kansas secure power of attorney is to be attached to the title, the top or first page is returned to the Kansas Division of Vehicles. Here s a link to the letter from NHTSA approving Kansas secure copy policy. If another state s power of attorney is attached to the title, it must be a secure page or copy (complies with Federal 49 CFR Part and 13). For applying for duplicate title, one of the yellow copies of the SPofA may be used. April County Treasurer's Manual

139 MVE-1, VIN INSPECTION Every used vehicle and trailer last titled out-of-state* must have the vehicle or trailer and title examined and verified by the Kansas Highway Patrol or their designee and have an MVE-1 issued. * Vehicles from jurisdictions that do not title vehicles or trailers must have the vehicle or trailer and the bill of sale or other transfer documentation examined and verified by the Kansas Highway Patrol or their designee and have an MVE-1 issued. OUT-OF-STATE INSPECTION A Kansas Resident/Business Out of State VIN Verification, form TR-65, is to be used by a Kansas resident or business if one of the following is meet: Kansas resident on active military duty stationed out-of-state, or Kansas resident attending an out-of-state college, university or school, or Application for Kansas apportioned registration, or Kansas resident or business TEMPORARILY out of Kansas. AN EXPLANATION IS REQUIRED AS TO WHY THE VEHICLE IS NOT LOCATED IN KANSAS, REGARDLESS OF WHICH REASON IS SELECTED. INDIVIDUALS OR BUSINESSES TEMPORARILY OUT OF KANSAS MUST ALSO PROVIDE THE DATE THE VEHICLE WILL BE RETURNED TO KANSAS. The vehicle owner is to complete the Owner Declaration portion of the TR-65 and the Inspector/Law Enforcement Official is to complete the VIN Verification portion. Use this link TR-65 to access the form for the must up to date instructions and requirements. TEMPORARILY OUT OF KANSAS When the individual or business selects temporarily out of Kansas on the TR-65, the form will only be accepted to submit the application for title and/or registration. Upon returning the vehicle to Kansas an MVE-1 form must be obtained from the Kansas Highway Patrol or their designee. When temporarily out of Kansas has been selected on the TR-65, renewing the registration for the vehicle with a pending title application awaiting the MVE-1 form must be PRE-APPROVED BY THE DIVISION and can only be approved ONE time. The Titles & Registrations Bureau must receive the MVE-1 form before the certificate of title will be issued. April County Treasurer's Manual

140 MVE-1 IS LOST If the applicant has lost the pink copy of the MVE-1, the yellow copy may be used as a replacement. The yellow copy MUST BE MARKED IN RED INK that it is being used as a replacement for the pink copy. The County Treasurer s seal or stamp or title/registration seal or stamp must then be affixed to the yellow copy. If the applicant wishes to retain the yellow copy, a photocopy may be made and the same requirements stated previously must be met. If both the pink and yellow copies are lost, applicant will need to obtain a new inspection and be issued a new MVE-1. An additional $10.00 inspection fee will be charged. KANSAS DEALER WITH OUT-OF-STATE INSPECTIONS The Titles and Registrations Bureau will inform the County Treasurer by fax or phone that the out-of-state inspection being submitted by the dealer has been approved. IF THE TITLES AND REGISTRATIONS BUREAU HAS NOT PRE-APPROVED THE OUT-OF-STATE INSPECTION, THE DEALER S APPLICATION IS NOT TO BE ACCEPTED UNTIL APPROVAL IS GIVEN. THE APPROVAL SHEET SHOULD BE ATTACHED TO THE APPLICATION. MVE-3, DEALER COMPLETED INSPECTION FOR PROGRAM VEHICLES Franchise (new vehicle) dealers may complete their own inspections and issue an MVE-3 when the following conditions have been meet: The dealer has completed a trailing program with the Kansas Highway Patrol and is authorized by the Patrol to conduct their own inspections; The dealer can only complete an inspection and issue an MVE-3 for a program vehicle* purchased from auction. The vehicle must be manufactured by the manufacturer to which the dealer is franchised. EX: A Buick dealer is franchised with General Motors (GM). * Program vehicles are leased or rental vehicles returned to the manufacturer and sold at auction to dealers franchised to that manufacturer. The green copy of the MVE-3 will be submitted with the title and supporting documents when making application for title. KANSAS STATUTES ANNOTED (K.S.A.) Click on the statute number you want to look up. This will link you to the statute pages at the end of this section. Then just click on the statute number on that page and it will link you to the statute. Sorry for the two step process a April County Treasurer's Manual

141 ODOMETER DISCLOSURE Federal and Kansas law (KSA 8-135) require a statement of mileage (Odometer Disclosure Statement) upon transfer of ownership. Failure to complete an Odometer Disclosure Statement or providing a false statement may result in fines &/or imprisonment. WARNING : Any Odometer Disclosure that has alterations and/or erasures WILL BE VOID! ODOMETER READING INFORMATION ASSIGNED TITLE OR MSO - (NEW OWNER) Light trucks, autos and motorcycles requiring Odometer Disclosure (trucks registered for 16M or less and/or light trucks and autos less than 10 years old) MUST have the odometer reading and status recorded on the title or MSO assignment. ODOMETER INFORMATION IS THE ONLY SOURCE OF MILEAGE INFORMATION TO BE USED ON TO THE APPLICATION FOR THE ORIGINAL TITLE. THIS DO NOT USE MVE-1 mileage for non-exempt vehicles that are submitting an ASSIGNED out-of-state title as the ownership document. TITLE ALREADY IN OWNER S NAME - (SAME OWNER MOVING INTO KANSAS) The odometer reading from an MVE-1 CAN ONLY BE USED when there is no transfer of ownership (EX: Applicant is moving into Kansas from out-of-state; application for formerly nonhighway or rebuilt salvage title.) Use the MVE-1 mileage ONLY IF the person(s) currently shown on the face of the ownership document is the same as the person(s) making application for the new Kansas title. CONFORMING TITLES The Kansas certificate of title has been in compliance with Federal Odometer Disclosure Statement requirements since May 22, As of the date of this revision to the County Treasurer s Manual (2008) all states titles and MSO s are conforming to the Federal odometer disclosure statement (ODS) requirements. A separate odometer disclosure statement, form TR-59, may only be used to make April County Treasurer's Manual

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