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 2013
State of Kansas
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Titling Instructions
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 .....100
Second Stage Manufacturer/Converter..................................................................102
Disposing of a Junked Vehicle’s Title .....................................................................103
SUPPORTING DOCUMENTS
Corrections to Assignments ...................................................................................104
Liens .....................................................................................................................106
Release of Lien ......................................................................................................109
Notice of Security Interest .....................................................................................112
Out-of-State Title Held by:
Leasing Company ...............................................................................................114
Out-of-State Lien Holder ....................................................................................114
Electronically by Out-of-State DMV ....................................................................114
Trusts ...................................................................................................................117
Purchase Price For Sales Tax ................................................................................120
Sales Tax Exemption .............................................................................................123
Immediate Family .................................................................................................123
Ownership Transfer by:
Court Order ..........................................................................................................125
Ownership Transfer by Demises ............................................................................126
Ownership Transfer by Licensed Kansas Vehicle Dealers .......................................132
Ownership Transfer Using
Power of Attorney ...............................................................................................137
Electronic Title Power of Attorney .......................................................................137
Secure Power of Attorney....................................................................................137
MVE-1, VIN Inspection ..........................................................................................139
Odometer Disclosure .............................................................................................141
Notary Requirements ............................................................................................145
Vehicles Purchased from U.S. Government ............................................................146
April 2013
State of Kansas
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Titling Instructions
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, trailers1 or semitrailer maintained in Kansas to be titled.
Vehicles2 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 8-143
2
There are vehicles required to be titled that are operated on roadways without
registration. Refer to KSA 8-128 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 2013
State of Kansas
4
County Treasurer's Manual
Titling Instructions
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
II.
AND
registration).
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.
8-127
8-128
8-129
8-135
8-135c
8-143
8-198
8-1,138
8-1592b
April 2013
State of Kansas
5
County Treasurer's Manual
Titling Instructions
TRANSFERRING OWNERSHIP
ASSIGNMENT OF TITLE
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:
Signature and hand printed name are required.
•
Purchaser‘s:
Signature and hand printed name only required when odometer
disclosure requirements apply to vehicle.
•
Lien holder:
When applicable, name and address of secured party.
•
Mileage:
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:
Signature and hand printed name only required when ODS
requirements apply to vehicle.
•
Lien holder:
When applicable, name and address of secured party.
•
Mileage:
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 2013
State of Kansas
6
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Titling Instructions
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
(2008-10=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 State of Kansas.
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 State of Kansas 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.
8-135
April 2013
State of Kansas
7
County Treasurer's Manual
Titling Instructions
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 1st day of the month after the month
in which the vehicle was delivered. (EX: Vehicle was sold and delivered on May 15th,
title and registration fees begin June 1st.) 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.
8-135
April 2013
State of Kansas
92-51-21
8
92-51-22
County Treasurer's Manual
Titling Instructions
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 2013
State of Kansas
9
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Titling Instructions
•
a commercial policy covering more than one vehicle or a policy of
insurance required by KSA 40-3104 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 2013
State of Kansas
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Titling Instructions
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.
registration is required. ATTACH TO APPLICATION.
If not available, a duplicate
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 2013
State of Kansas
11
County Treasurer's Manual
Titling Instructions
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 40-3104 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 2013
State of Kansas
12
County Treasurer's Manual
Titling Instructions
Examination of a photocopy or fax of any of these documents shall meet the
requirement of proof. (KSA 8-173)
4.
SALES TAX RECEIPT,
Purchased from: Kansas dealer
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
APPLICATION.
April 2013
State of Kansas
AND/OR
TR-200 AND IF APPLICABLE,
13
THE
POWER OF ATTORNEY
TO
County Treasurer's Manual
Titling Instructions
* THE
MANUAL
MINIMUM
TITLE
AND
REGISTRATION APPLICATION, TR-212A,
MUST HAVE AT THE
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 2013
State of Kansas
14
County Treasurer's Manual
Titling Instructions
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.
92-51-22
8-135
8-153
8-173
8-176
April 2013
State of Kansas
15
County Treasurer's Manual
Titling Instructions
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 66604.
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 TR41; 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 2013
State of Kansas
16
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Titling Instructions
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.
8-135
April 2013
State of Kansas
17
County Treasurer's Manual
Titling Instructions
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 2013
State of Kansas
18
County Treasurer's Manual
Titling Instructions
•
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
TAXES,
APPLY TO LATE PROPERTY
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 2013
State of Kansas
19
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Titling Instructions
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, 2007.
May 5, 2005 to Sept 30, 2005
For the 1st 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.
8-143
April 2013
State of Kansas
20
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Titling Instructions
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 State of Kansas;
•
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 2013
State of Kansas
21
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Titling Instructions
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 40-3104 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
Out-of-state dealer
Non-dealer
SALES TAX RECEIPT,
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.
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.
April 2013
State of Kansas
22
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Titling Instructions
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
APPLICATION.
* THE
MANUAL
MINIMUM the
signature.
Vehicles.
TR-200 AND IF APPLICABLE,
THE
POWER OF ATTORNEY
TO
TITLE AND REGISTRATION APPLICATION, TR-212A, MUST HAVE AT THE
vehicle’s year, make, VIN and the owner’s name(s) and owner’s
A signed BLANK TR-212a may be rejected by the Division of
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 2013
State of Kansas
23
County Treasurer's Manual
Titling Instructions
•
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.
8-1,138
79-5107
79-5121
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 2013
State of Kansas
24
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Titling Instructions
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.
8-1,144
April 2013
State of Kansas
79-201u
26 U.S.C §170(c)(2)
25
26 U.S.C §501(c)(3)
County Treasurer's Manual
Titling Instructions
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. 14504
Article 1 of Chapter 66 of KSA
Article 51 of Chapter 79 of
KSA.
April 2013
State of Kansas
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Titling Instructions
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 2013
State of Kansas
27
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Titling Instructions
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.
8-139
April 2013
State of Kansas
28
County Treasurer's Manual
Titling Instructions
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 2013
State of Kansas
29
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Titling Instructions
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,
MINIMUM
MUST HAVE AT THE
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 2013
State of Kansas
30
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Titling Instructions
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.
8-135
April 2013
State of Kansas
31
County Treasurer's Manual
Titling Instructions
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 2013
State of Kansas
32
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Titling Instructions
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.
8-135
April 2013
State of Kansas
8-1,157
33
County Treasurer's Manual
Titling Instructions
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 State of Kansas 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 2013
State of Kansas
34
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Titling Instructions
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.
74-2013
April 2013
State of Kansas
35
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Titling Instructions
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
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• 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*.
*
2.
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.
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
PROCESSED WHEN:
APPLICATION WILL NOT BE
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.
8-198
April 2013
State of Kansas
37
County Treasurer's Manual
Titling Instructions
NONHIGHWAY TITLE
NONHIGHWAY VEHICLE
A nonhighway vehicle means:
•
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. 40-3104, 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 8-126 (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
Reasons
A
Vehicle not manufactured for street use
B
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.
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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.
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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
8-126. 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 2013
State of Kansas
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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. 8-128,
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. 8-128 as exempt for registration, it is
defined in K.S.A. 8-197 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. 8-127 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. 8-128 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
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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. 8-127 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:
1-SV:
Salvage due to wrecked or damaged
Vehicle salvage or totaled
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
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nonhighway reason, the vehicle cannot be titled with these
nonhighway reasons and must be titled as Salvage.
WITH A DIFFERENT
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.
8-126
8-127
8-128
8-143
8-197
8-198
8-199
8-15,100
47-1501
2-2202
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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
Formerly Nonhighway under any condition.
CANNOT
be titled as
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
(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
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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
Reasons
Q
Due to the vehicle being an implement of husbandry
Y
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
or damaged
4-RS:
U-FN: Theft recovery, no damage
Y-FN: Liability insurance discontinued
V-FN: Exempt from registration
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
Rebuilt salvage due to previously being wrecked
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.
8-116a
April 2013
State of Kansas
8-198
45
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Titling Instructions
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;
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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.
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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, TR13, 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)
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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, TR13. 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.
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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:
C-NH:
E-NH:
G-NH:
J-NH:
R-FN:
U-FN:
V-FN:
W-FN:
F-FN:
Previous NH or FN Codes
Non-compliance of required
safety equipment
Exempt
from
registration
requirements
Theft or theft recovery-no
damage
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
Vehicle salvaged or totaled
4-RS: Rebuilt
salvage
due
to
previously being wrecked or
damaged
Theft recovery, no damage
Y-FN: Liability
insurance
discontinued
Exempt
for
registration Z-FN: Vehicle not manufactured for
requirements
street use
Non-compliance of required Z-FN: Vehicle not manufactured for
safety equipment
street use
Previous nonhighway reason
THIS CODE AND REASON IS
unknown
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.
8-143
April 2013
State of Kansas
8-197
8-198
50
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Titling Instructions
REBUILT SALVAGE TITLE
REBUILT SALVAGE VEHICLE
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.
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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
(reason R) will, at the time of application for a new Kansas title,
salvage (RS) due to previously wrecked or damaged (reason 4).
required to change the brand from formerly nonhighway to rebuilt
salvage or totaled
be titled as rebuilt
An MVE-1 is not
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
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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.
8-116a
April 2013
State of Kansas
8-197
8-198
53
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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
parts or scrap.
IRREVERSIBLY
designate his or her vehicle as a source of
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) 296-3071 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.
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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
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Titling Instructions
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
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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.
8-135c
April 2013
State of Kansas
57
County Treasurer's Manual
Titling Instructions
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
•
Mileage and/or mileage status
•
Salvage reason or status
•
Nonhighway reason or status
•
Rebuilt Salvage 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
•
Removing a Name(s) that
WAS LISTED
WAS NOT
on the title assignment
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)
•
Changing/correcting the owner’s address •
•
Adding a Name(s) that
•
Removing a Name(s) that
WAS NOT
WAS
•
Removing a lien (See Reissue Title)
Adding a Special Mailing Order (SMO)
on the assigned title
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.
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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.
92-51-26
April 2013
State of Kansas
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Titling Instructions
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 (1986-1987) 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
•
DD788
•
7501
•
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.
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HELPFUL FEDERAL LINKS
Kansas City Port of Entry
Personal Use
April 2013
State of Kansas
Wichita Port of Entry
61
Personal
Vehicle
for
County Treasurer's Manual
Titling Instructions
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
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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 TR52, 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 NONNEGOTIABLE 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.
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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.
92-51-27
April 2013
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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 66612
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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 66612
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 66612
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).
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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 parts1 must be of the same vintage2 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 V8’S. THE 1953 V-8 COULD NOT BE INSTALLED IN THE 1951 AND MAINTAIN ANTIQUE STATUS.
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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.
1949 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, TR90, 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.
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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.
1950 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.
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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 8-170 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
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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 State of Kansas.
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.
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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
NONREPAIRABLE TITLE
OR
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.
8-166
8-167
8-168
8-169
8-171
8-172
8-1,137
8-2401
April 2013
State of Kansas
72
8-170
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Titling Instructions
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 571.500 (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.
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State of Kansas
The MSO/MCO must contain a statement the
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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.
8-1488
April 2013
State of Kansas
49 CFR Part 571
74
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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,
BICYCLE or motorized wheelchair, which is self-propelled.
OTHER THAN A MOTORIZED
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.)
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ELECTRIC SCOOTER OR MOPED
An electric scooter or electric motorized bicycle does not meet the definition of a
motorized bicycle in KSA 8-126 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.
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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.
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•
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.
8-126
April 2013
State of Kansas
8-127
8-1439a
78
8-235
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Titling Instructions
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
ground. However, does not include tractors, 3 wheeled golf carts,
motorized bicycles (Refer to the following section for Motorized
Motorscooter). If the vehicle has more than three wheels in contact
contact with the
motorscooters or
Bicycle, Moped,
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
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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.
8-126
April 2013
State of Kansas
8-127
8-1438
80
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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. 8-126, 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
Everyone purchasing a work-site utility
THEY ARE GOING TO TRANSFER OWNERSHIP.
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 31st day for work-site utility vehicles purchased on and after July 2,
2006.
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
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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 8-197 defines a work-site utility vehicle as a nonhighway and KSA 8-198 states
nonhighway vehicles cannot be registered for operation upon the roadways of the
State of Kansas.
Attempts to retrofit ATV’s or off road utility vehicles with safety equipment will not
bring them up to registration standards. K.S.A. 8-127 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
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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.
8-126
8-128
8-135
8-198
8-1493
8-15,100
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MICRO UTILITY TRUCK
WHAT IS A MICRO UTILITY TRUCK
A micro utility truck (MUT) must meet all of these definitions:
Width
Not less than 48 inches;
Length
Not more than 144 inches, including the bumpers;
Weight
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
KANSAS NONHIGHWAY TITLE OR MSO/MCO.
MUST BE TRANSFERRED BY ASSIGNMENT OF A
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 31st 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).
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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, 2008. 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 TR90. 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.
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REGISTRATION
K.S.A 8-128(3) exempts MUT trucks from registration requirements.
KSA 8-197
defines an MUT trucks as a nonhighway and KSA 8-198 states nonhighway vehicles
cannot be registered for operation upon the roadways of the State of Kansas.
Attempts to retrofit an MUT truck with safety equipment will not bring it up to
registration standards.
“INTENDED
K.S.A. 8-127
REQUIRES
the registration of motor vehicles
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.
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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
http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/mo/4501.xml
Wichita CBP Office
http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/ks/4504.xml
Denver CBP Office
http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/co/3307.xml
Locating a Port of Entry
http://www.cbp.gov/xp/cgov/toolbox/contacts/ports/
QUESTION AND ANSWER Site for U.S. Customs & Border Protection
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_alp.php
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.
8-126
8-128
8-135
8-197
8-198
8-15,105
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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
NONHIGHWAY TITLE OR MSO/MCO.
KANSAS
* 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. 8-126, 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, 1996.
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.
The business must sell the ATV by assigning the
nonhighway title to the new buyer.
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REGISTRATION
K.S.A 8-128(2) exempts ATV’s from registration requirements. KSA 8-126(bb) and 8197 defines an ATV as a nonhighway and KSA 8-198 states nonhighway vehicles
cannot be registered for operation upon the roadways of the State of Kansas.
Attempts to retrofit ATV’s or off road utility vehicles with safety equipment will not
bring them up to registration standards. K.S.A. 8-127 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.
8-126
8-128
8-135
8-198
8-1402a
8-15,100
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TOY MOTOR VEHICLES
TOY VEHICLES
The following, but not limited to, vehicles were not listed by name in AG’s Opinion
2001-39 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. 2001-39
Attorney General’s (AG) Opinion 2001-39 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. 2001-39, 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 on-
road 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. 2001-39 is correct in stating that any such vehicle is
required to meet registration and other requirements to be operated on a public
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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 571
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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
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.
USED
Manufactured (Mobile) Homes / House Trailers are
tax.
EXEMPT
from paying sales
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. 79-3602(1).
Total
selling price includes all charges from the manufacturer to the dealer or consumer.
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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
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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.
BE REQUIRED TO APPLY FOR TITLE AND REGISTRATION.
APPLICANT
WILL
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 1st, 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.
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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.
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•
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 8128). 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.
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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 40-3104(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.
8-128
8-135
40-3104
April 2013
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8-143
Pub. KS-1550
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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.
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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
79-5101 through 5108. 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
the registration weight of the towing vehicle.
NOT
to be factored into
* 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.
8-143
April 2013
State of Kansas
79-5118
79-5120
99
79-5122
79-5125
County Treasurer's Manual
Titling Instructions
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 8-197 as nonhighway vehicles.
These vehicles
ARE
listed in KSA 8-128 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.
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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.)
8-126
April 2013
State of Kansas
8-128
101
8-197
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Titling Instructions
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
iii. VIN: The identification (VIN) number of the
(Ex. Ford, Dodge, Chevrolet, etc.).
stage manufacturer.
FIRST
stage manufacturer,
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
iii. VIN: The identification number of the
FIRST
FIRST
stage manufacturer.
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.
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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 2013
State of Kansas
103
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Titling Instructions
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 no interest letter will be required.
NOTARIZED
lien release or a
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
affidavit:
CANNOT
be corrected by
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.
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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.
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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.
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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 66626-0001.
*
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 TR128, 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
jurisdiction that does not require notarization.
LIEN HOLDER IS LOCATED
in a
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.
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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.
8-135
April 2013
State of Kansas
8-135d
108
County Treasurer's Manual
Titling Instructions
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
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delivered by mail, fax, or in person to the individual or business that paid the lien off
and has requested the release (KAR 92-51-24(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) 2962383. 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 2013
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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 email 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 92-51-24(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
REGULATIONS (K.A.R.)
ANNOTED
(K.S.A.)
AND
KANSAS
ADMINISTRATIVE
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.
8-1,157
April 2013
State of Kansas
92-51-24
111
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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 666260001.
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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
registration or title record (proof of ownership).
NOT
a
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.
8-135
April 2013
State of Kansas
8-135d
113
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Titling Instructions
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.
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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
without the faxed copies of the front and back of the title.
CANNOT
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be processed
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.
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TRUSTS
ENTERING A VEHICLE INTO A TRUST
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 TR128, 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.
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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 58a1013). 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.
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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
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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
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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:
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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.
8-153
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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. 79-5101. These are:
•
all state assessed vehicles (including utility vehicles);
•
motor vehicles having a gross weight of more than 12,000 pounds;
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•
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.
79-5101
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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.
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OWNERSHIP TRANSFER BY DEMISES
ORDER OF INHERITANCE
1st Spouse
3rd Parents
5th Grandparents
2nd Children
4th Siblings
6th Nieces/Nephews
7th Cousins
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.
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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
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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.
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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.
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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
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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.
59-403
April 2013
State of Kansas
59-1507b
131
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Titling Instructions
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 title1 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 MSO2. 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
2
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.
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 2013
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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 785-368-8222.
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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 TR127 "Dealer's Reassignment" may be attached to the MSO/MCO by a Kansas
new vehicle dealer franchised for that make. A Kansas Addendum, form TR19a 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 State of Kansas 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.
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•
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.
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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.
8-135
April 2013
State of Kansas
8-2410
136
92-19-43
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Titling Instructions
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
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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 580 § 3 and 13).
For applying for duplicate title, one of the yellow copies of the SPofA may be used.
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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.
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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.
8-116a
April 2013
State of Kansas
140
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Titling Instructions
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.
THIS
ODOMETER INFORMATION IS THE ONLY SOURCE OF MILEAGE INFORMATION TO BE USED ON TO THE
APPLICATION FOR THE ORIGINAL TITLE.
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, 1989. 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
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corrections to an ODS completed on the assignment that contains errors. The TR-59
must be marked with the word “Correction” written upon the form.
COMPONENTS OF A CONFORMING TITLE
A conforming Kansas title must have the following components:
RECORDING MILEAGE AND STATUS
I ,se lle r(s), ce rtif y to t he be st of my kno wl edg e tha t the od o mete r re ad in g i s th e
a ctu al milea g e o ft he ve hicle un le ss one of the fo llo wi ng state men ts is c he cked :
T he mile ag e st ated i s in e x cess of it s
m e ch an i c al
li m it s o f o do me ter .
ODOM ETER RE AD ING
( No Tenths )
Th e od ometer rea di ng is not a ct ual mile ag e.
W AR N IN G - O DO MET ER D ISC REPA NCY.
The space for recording the mileage
reading will have the statements about
the mileage being actual, exceeds or
not actual.
The layout of the
information does not have to appear
exactly as shown to the left.
BUYERS ACKNOWLEDGMENT
I, buyer(s), am aware of the odometer certif ication m ade by seller(s).
B uyer(s)
S ignature
B uyer(s) Hand
P rint ed Name
There will be a space for the
purchaser/transferee to hand print
and sign his or her name on a
conforming title.
SELLER’S HAND PRINTED NAME
There will be a space for the seller to hand print his or her name in addition to a
space for the seller’s signature. SELLER’S SIGNATURE IS REQUIRED ON ALL TITLE
ASSIGNMENTS TO TRANSFER OWNERSHIP, REGARDLESS OF ODOMETER DISCLOSURE
REQUIREMENTS.
SEPARATE ODOMETER DISCLOSURE STATEMENT
All states and manufactures have been issuing a conforming title or MSO/MCO for
well over 10 years, so the use of
SEPARATE
Odometer Disclosure Statement is no
longer permitted for making the original disclosure. A separate odometer disclosure
statement, form TR-59, may only be used to make corrections to an ODS completed
on the assignment that contains errors. The TR-59 must be marked with the word
“Correction” written upon the form.
ODOMETER DISCLOSURE STATEMENT REQUIRED
All vehicles must disclose the odometer reading and status upon transfer of
ownership unless they qualify for an exception. A “mileage reading” is required on all
assignments completed within the State of Kansas. However, the buyer’s signature,
hand printed name and the mileage status (actual, exceeds, not actual) are only
required for vehicles that are not exempt from ODS requirements.
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EXEMPTIONS FROM ODOMETER DISCLOSURE STATEMENT
Vehicles titled in Kansas that are 10 years old or older, or REGISTERED at a weight of
20M or greater, or transferred between dealers franchised for the same make on an
MSO/MCO are exempt from an Odometer Disclosure Statement (KSA 8-135(2)).
Kansas will honor other states' exemptions.
The exemptions allowed by the FEDERAL GOVERNMENT and Kansas (as noted) are:
•
Vehicles ten (10) years old and older
Current calendar year minus 10 equals minimum year of exemption.
EX: Calendar year 2005 - 10 = 1995 and older vehicles are exempt.
•
Heavy Trucks (over 16,000 pounds, >16M)
(Kansas exemption for heavy truck is a truck registered for 20M or more.)
•
Vehicles transferred between franchised dealers on an MSO/MCO
NOTE: Vehicles exempt from odometer disclosure are NOT required to provide an
odometer reading. DO NOT ENTER ANY NUMBERS INTO THE MILEAGE FIELD FOR ANY
TITLE APPLICATION FOR A VEHICLE EXEMPT FOR ODOMETER DISCLOSURE.
DUPLICATE TITLE APPLICATION
ODOMETER READING IS NOT REQUIRED.
OUT-OF-STATE TRANSACTIONS
The Division of Vehicles will require only the odometer disclosure from out-of-state
seller to Kansas buyers for non-exempt vehicles. The Division of Vehicles will not
require the odometer disclosures for transactions between an out-of-state seller(s)
and out-of-state buyer(s).
Even if a vehicle is sold on a Kansas title to an out-of-state dealer(s) and then sold to
a Kansas dealer or resident, only the odometer disclosure from the out-of-state dealer
to the Kansas buyer will be required.
CORRECTING ODOMETER DISCLOSURE STATEMENT
If an error is made in the odometer disclosure statement, the following procedures
are to be followed:
•
Draw a single line through the error so that it is still legible;
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•
On a separate Odometer Disclosure Statement, form TR-59, write across the top of
the form “CORRECTION”;
•
Complete the TR-59 with the correct information. Both the buyer and seller must
hand print and sign their names;
•
Attach the corrected odometer statement to the title or MSO/MCO.
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.
8-135
April 2013
State of Kansas
49 CFR Part 580
144
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Titling Instructions
NOTARY REQUIREMENTS
TITLE ASSIGNMENTS, AFFIDAVITS, BILL OF SALES AND POWER OF ATTORNEYS
As of July 1, 2002, Kansas does NOT require the notarization of title assignments,
affidavits, bill of sales or power of attorneys.
LIEN RELEASES, NO INTEREST LETTERS AND LIEN HOLDER’S CONSENT
Kansas DOES REQUIRE that a lien holder located within the State of Kansas to notarize
a lien release, a no interest letter/statement* and lien holder’s consent.
* In the event a lien holder has been recorded on the title assignment in error, a “no
interest” letter/statement can be accepted from the lien holder providing the
vehicle has been identified by make, year and vehicle identification number and is
provided on the lien holder’s letterhead. The letter/statement must be notarized.
DETERMINING WHEN NOTARY IS NEEDED
Only Kansas lien holders will need to notarize information submitted to the Titles and
Registrations Bureau. This is regardless of the requirements of the state that issued
the title.
Kansas lien holders MUST notarize their lien release regardless of the requirements
of the state that issued the title itself. The lien release was executed by a lien holder
within Kansas and the State of Kansas requires a notary on a lien release.
REQUIRED ELEMENTS OF A NOTARY PUBLIC
The following will be required for a complete notary in Kansas:
•
Date the document was notarized;
•
Date the notary public’s commission expires;
•
Signature of the notary public;
Notary Seal (ink stamped or embossed).
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VEHICLES PURCHASED FROM U.S.
GOVERNMENT
REQUIREMENTS FOR TITLE AND REGISTRATION
•
Submit certificate of release, form SF-97 (U.S. government form, AKA - US
Government title)
•
Applicant should have verified that the VIN on the vehicle matches the VIN on
the form SF-97.
•
If there is a discrepancy in the VIN number for the vehicle, the Kansas Highway
Patrol or their designee will need to issue a special identification number.
•
An odometer disclosure statement is required if the vehicle is not exempt.
•
Sales Tax
A copy of the sales invoice must be submitted. The County Treasurer’s office
will collect the tax.
•
Present the original or a copy of the insurance policy or an insurance card.
NOTE: Vehicles purchased from the U.S. Government
DO NOT
require a VIN
verification (MVE-1), unless there is discrepancy in the VIN as mentioned
above.
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STATUTE CITES, KANSAS STATUTES
ANNOTED (K.S.A.)
Below are the statutes sited within this section of the County Treasurer’s Manual.
Just click on the statute number and it should link you to that statute.
The
links
are
set
up
to
the
Kansas
http://www.kslegislature.org/legsrv-statutes/index.do .
link will not go to the correct statute. If this
is the case, use the web address above then
type the statute number into the “Statute
number” box and click on “Get Statute” .
Legislature
web
site,
There may be times the
Statute number:
(example: 1-5555)
Get Statute
This may acquire each year when the new
bills are added to the current statutes, Search by keyword or phrase
changing the old links. By keeping all the
Search
links throughout the section linked to this Keyword(s):
one page, when changes are necessary, we will only need to update this one page
instead of each page the statute appears on.
Statute
Number
2-2202
Subject
Definitions (Ag Chemicals).
8-113
Identity of vehicles; unlawful acts; penalty.
8-116
Vehicle identification number offenses; possession or sale of vehicle
without original VIN; removing or altering VIN; penalties; vehicle seizure
and disposition.
8-116a
Vehicle identification number; check of assembled vehicles by highway
patrol; original Kansas certificates of title on out-of-state vehicles; check
by designee or employee of new vehicle dealer, when; fees and
disposition thereof.
8-126
Definitions.
8-127
Registration of vehicles operated in this state; exceptions; temporary
operation of certain vehicles.
8-127a
Registration prohibited for vehicle subject to federal use tax, when;
proof of payment of tax.
8-128
Registration of vehicles, exceptions.
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8-129
Application for registration; certificate of title.
8-131
Registration receipts.
8-132
License plates or decals to be furnished; time for new license plates;
personalized license plates, display and cost; rules and regulations.
8-133
Display of license plate.
8-134
Renewal of registration of certain vehicles; registration and
reregistration of passenger vehicles; monthly system; decals for license
plates; rules and regulations.
8-134a
Registration and reregistration of pickup trucks, motorcycles, motorized
bicycles and recreational vehicles; rules and regulations.
8-135
Transfer of ownership of vehicles; registration; fees and penalties;
certificate of title, form, fee; assignment and reassignment; liens,
statement of, release of, liability for failure to comply, notice of security
interest, execution; purchase and sale of vehicle, requirements; written
consent by lienholder; transfer-on-death; reaffirmation of sale;
assignment of title form; electronic certificate of title; reassignment
forms; export title.
8-135a
Adding names of family members to titles and registrations.
8-135c
Nonrepairable vehicle certificate; definitions; requirements; application;
penalties.
8-135d
Electronic certificates of title.
8-138a
Nonresident owners licensed in state of residence; reciprocal privileges.
8-139
Lost license plates, certificate of title, registration decal or registration
receipts; fees for duplicates; exception.
8-140
Division to suspend registration upon notice of theft or embezzlement.
8-141
When registration shall be refused; suspension of registration for failure
to pay fees.
8-141a
Classification change within registration year; limitations; minimum
fees.
8-142
Unlawful acts.
8-143
Annual registration or license fees, motor vehicles, trailers, semitrailers,
motorized bicycles and travel trailers; gross weight defined; local trucks
and truck tractors, rules and regulations, refunds, exemptions;
penalties; temporary registration; registration after nonoperation or
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nonuse; travel trailers; multiyear registration of trailers.
8-143a
Quarterly payment of annual registration fee by resident owner of truck
or truck tractor; default fees and penalties; enforcement; tax warrants;
collection; exchange of vehicle; application of lien; enforcement
provisions.
8-143b
Temporary intrastate registration or license for truck or truck tractor
registered in another state; fee in lieu of annual license fee; application;
ambulances, rescue vehicles and utility vehicles exempt from fee in
certain cases.
8-143c
Temporary registration for foreign truck or truck tractor for interstate
commerce operation; fee; rules and regulations; exception.
8-143e
Registration receipts for truck or truck tractor; copies; marking vehicle;
exemption.
8-143f
Distinctive plates for farm and local trucks.
8-143g
Trip permits authorizing certain dealers to demonstrate trucks and
truck tractors; fees; application; limitations; plate display; laws
applicable; act supplemental; disposition of fees.
8-143h
Temporary intrastate licensing of certain farm trucks; fee.
8-143i
Temporary permit for licensed truck or truck tractor authorizing use on
highways beyond local radius; fee; disposition; limitations on use;
identification.
8-143j
Annual registration for trucks or truck tractors engaged in farm custom
harvesting operations.
8-143k
Temporary harvest permit for trucks or truck tractors engaged in farm
custom harvesting operations.
8-143l
Auction; 72-hour transport permits; conditions; fees.
8-145
Collection of fees; disposition of moneys; compensation of county
treasurers; highway patrol motor vehicle fund; VIPS/CAMA technology
hardware fund; repossessed certificates of title fee fund.
8-145a
Collection of insufficient or no-fund check given for vehicle registration;
notice; recovery of plates; return of check, when; criminal prosecution.
8-145b
Same; duties of treasurer and sheriff; criminal prosecution not
excluded.
8-145c
Same; completion of registration by owner after plates recovered;
penalty; disposition of fees.
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8-145d
Service fee in addition to registration fee; satellite registration fee;
deposit, use and appropriation thereof.
8-145e
Repossessed certificates of title fee fund; purpose.
8-148
Issuance and record of license plates; records open to public.
8-149
Violation of act; penalty.
8-153
Proof of payment of sales tax required.
8-160
Free license plates for disabled veterans; definition.
8-161
Disabled veterans registration
privileges; penalties.
8-161a
Free license plates for disabled citizen’s organizations; definition.
8-161b
Same; application; issuance; nontransferable; proof of eligibility.
and
license
plates;
free;
parking
8-162
License plates with amateur radio call letters; fee.
8-163
License plates with amateur radio call letters; rules and regulations.
8-166
Registration of antique vehicles; antique military vehicles; definitions.
8-167
Registration of antique vehicles; registration for operation on highway;
registration for the purpose of taxation, registration fee.
8-168
Same; how application made.
8-169
Same; issuance of receipt.
8-170
Registration of antique vehicles; fee for transfer of ownership; fee and
form for certificate of title.
8-171
Same; lost license plate, certificate of title or registration receipt; fee for
duplicate.
8-172
Antique vehicles; license plates, design, fees; model year license plates;
requirements.
8-173
Registration of vehicles; proof of payment of personal property taxes or
assessment and financial security required; verification of insurance by
insurance company.
8-175
Registration of vehicles;
preparation of tax bill.
8-176
Rules and regulations; forms.
April 2013
State of Kansas
application
150
to
appraiser
for
appraisal;
County Treasurer's Manual
Titling Instructions
8-177
Same; false affidavit; penalty ($500 for making false affidavit!)
8-177a
License plates for members or retired members of Kansas national
guard; application; issuance; nontransferability; design of plate.
8-197
Definitions (Salvage, NH)
8-198
Nonhighway and salvage vehicles exempt from registration; nonhighway
certificates of title and salvage titles; permit for temporary operation;
rebuilt or restored salvage vehicle; rebuilt salvage title; notice attached to
rebuilt vehicle; penalties; all-terrain vehicles; work-site utility vehicles;
no-fault insurance law inapplicable, exception.
8-199
Unlawful acts; violations classified; sales tax act unaffected.
8-1,134
Permanent registration of city, county, township, school district,
community college or technical college vehicles; utility vehicles five-year
registration.
8-1,137
Vehicles sold for salvage, no certificate of title may be issued, exception;
major component parts, selling.
8-1,138
Registration of vehicles; residency; exceptions.
8-1,144
Donated motor vehicles for charitable auctions.
8-1,157
Satisfaction of lien on vehicle; requirements for release; penalties; rules
and regulations.
8-1592b
Electric-assisted bicycles; traffic law application; no registration or
driver's license required.
8-235
Licenses (DRIVER LICENSE) required; city license, when; appeal from denial
of license; vehicles registered under temporary permit; penalty;
motorized bicycle driver’s license.
8-304
Marking of vehicles of political subdivisions; vehicle defined.
8-305
Marking of vehicles of political subdivisions; how marked; exceptions.
8-1402a
“All-terrain vehicle” defined.
8-1438
Motorcycle defined.
8-1439a
“Motorized bicycle” defined.
8-1488
“Low-speed vehicle” defined.
8-1493
"Work-site utility vehicle" defined.
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8-2401
Definitions (Major Component Parts).
8-2410
Denial, suspension or revocation of license; grounds; notice and
hearing; licensee responsibility for agents; appeals;
prohibited acts.
8-15,100
Operation of all-terrain vehicles; where; when; exceptions.
8-15,105
Operation of work-site utility vehicles; where; when.
40-3104
Motor vehicle liability insurance coverage required; prohibited vehicle
operation; verification; self-insurance; display of proof of financial
security; penalties for failure to maintain financial security;
reinstatement fees.
47-1501
Definitions (Feedlot).
58a-1013 Certification of trust.
59-403
Allowance to spouse and minor children.
59-1507b Transfer of certain personal property to successor, discharge and
release, affidavit.
74-2013
Fee for reissuance of certificate of title.
79-201u
Property exempt from taxation; motor vehicles donated for charitable
auctions.
79-3606
Exempt sales.
79-5101
Definitions (Motor vehicles within tax statutes).
79-5107
Taxation of motor vehicles; computation of tax; due date; refunds;
exemption of military personnel vehicles.
79-5118
Taxation of recreational vehicles; definitions.
79-5120
Same; imposition of tax; computation of amount; due date; tax situs.
79-5121
Same; computation of upon replacement vehicles; refunds, amount;
exemption of vehicles owned by military personnel.
79-5122
Same; forms and information to be provided by secretary of revenue and
county officials.
79-5125
Same; rules and regulations.
92-19-43
Tax due upon registration of vehicle by dealer; exception; credit upon
sub-sequent transfer.
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92-51-21
Staggered registration system.
92-51-22
Registration period beginning date; fee due
92-51-24
Mailing of titles.
92-51-26
Corrections of titles and registration receipts.
92-51-27
Nonnegotiable titles.
26 U.S.C Charitable contribution defined.
§170(c)(2)
26 U.S.C List of exempt organizations.
§501(c)(3)
49 CFR
Part 571
Federal Motor Vehicle Safety Standards
49 CFR
Part 580
Odometer Disclosure Requirements
49 U.S.C. Registration of motor carriers by a State
14504
49 USC
Part
30115
Federal Motor Safety, Certification of compliance.
Article 1
of Chapter
66 of KSA
Power of State Corporation Commission
Article 51
of Chapter
79 of KSA
Motor Vehicle-Taxation
Article 42
of Chapter
58 of KSA
Manufactured Housing, Personal and Real Property
Pub. KS1550
Kansas sales and use tax for the agricultural industry. Provides the
exemptions available for those in the agricultural industry. Provides
specific examples and provides an excellent source of information
April 2013
State of Kansas
(First statute of article is linked, will need to use the “Next” feature
to navigate entire article.)
(First statute of article is linked, will need to use the “Next” feature
to navigate entire article.)
(First statute of article is linked, will need to use the “Next” feature
to navigate entire article.)
153
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