§ 123.36  REQUIREMENTS FOR THE TRANSFER OF VEHICLES FOR SCRAP OR PARTS RECYCLING.
   (A)   No pawnbroker, secondhand dealer, or secondary metals recycler may accept the transfer of a vehicle without certificate of title, unless the vehicle is at least fifteen model years old and the seller of the vehicle provides the following sworn statement that includes, but is not be limited to, the following:
      (1)   The name, address, and driver’s license number of the owner;
      (2)   A description of the vehicle including the year, make, model, vehicle identification number, and color;
      (3)   A sworn certification that the owner:
         (a)   Never obtained a title to the vehicle in his or her name; or
         (b)   Was issued a title for the vehicle, but the title was lost or stolen;
      (4)   A sworn statement that the vehicle is at least ten model years old:
      (5)   A  sworn statement that the vehicle shall never be titled again; it must be dismantled or scrapped;
      (6)   An acknowledgment that to knowingly falsify any information on this statement is a misdemeanor, punishable by imprisonment for up to 90 days and/or a fine of not less than $500;
      (7)   The buyer of the vehicle must sign this statement and include the following information:
         (a)   The date of the transaction;
         (b)   The name and address of the business acquiring the vehicle; and
         (c)   The amount paid to the seller of the vehicle to acquire the vehicle.
   (B)   Vehicles purchased for purposes of scrapping or dismantling for parts shall be subject to the same requirements of §§ 123.12, 123.24 and 123.34 as regulated property, and shall be reported in accordance with the provisions of §§ 123.09, 123.22 and 123.32.  The transaction record shall also include the make, model and vehicle identification number of the vehicle.
   (C)   Motor vehicles purchased without a title shall be maintained on the purchaser’s premises for a minimum of 48 hours after purchase in a condition in which a Vehicle Identification Number (VIN) physically located on the vehicle can be visually inspected by law enforcement.
   (D)   No pawnbroker, secondhand dealer, or secondary metals recycler may purchase or accept the transfer of a vehicle for purposes of scraping or dismantling for parts without fully complying with the provisions of the National Motor Vehicle Title Information System (NMVTIS), 28 CFR Part 25.  It shall be the duty of any such business to be able to document compliance with NMVTIS as a part of its responsibilities under §§ 123.09, 123.22 and 123.32.
   (E)   No pawnbroker, secondhand dealer, or secondary metals recycler may purchase or accept the transfer of a vehicle for purposes of scraping or dismantling for parts without verifying the legitimacy of a vehicle VIN number in capable software or taking a digital photograph of the VIN number and maintaining the digital photograph for at least one year from the date of purchase along with the transaction record.
   (F)   The term “vehicle” as used in this section does not include vehicles which have been mechanically flattened, crushed, baled, or logged prior to sale and were sold for purposes of scrap metal only.
   (G)   Vehicles sold by local government pursuant to KRS 82.630 are exempt from this section.
(Lou. Metro Ord. No. 132-2012, approved 8-1-2012; Lou. Metro Am. Ord. No. 121-2018, approved 8-14-2018; Lou. Metro Am. Ord. No. 138-2019, approved 9-24-2019; Lou. Metro Am. Ord. No. 69-2021, approved 5-27-2021; Lou. Metro Am. Ord. No. 159-2021, approved 11-11-2021)