RECREATIONAL VEHICLE SALES

KRS tit. XVI, ch. 190A

in effect

KRS 190A.010 Definitions for chapter

190A.010. Definitions for chapter As used in this chapter: (1) "Area of sales responsibility," in relation to new recreational vehicle dealers, means a geographical area agreed to by a new recreational vehicle dealer and the manufacturer in a dealer agreement in which the dealer has the exclusive right to display or sell the new recreational vehicles of a manufacturer of a particular line- make to the public; (2) "Dealer agreement" means a written agreement or contract entered into between a new recreational vehicle manufacturer and a new recreational vehicle dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer has the exclusive right to sell specific line-makes and models of the manufacturer's new recreational vehicles; (3) "Established place of business" shall not include tents, temporary stands, lots, or other temporary quarters but shall include the following: (a) A paved or gravel lot for customer parking and for the showing and storage of recreational vehicles; (b) An indoor office with public areas sufficient to conduct sales transactions with customers; (c) Restroom facilities available to the public; and (d) A service and parts area, separated from the public areas, equipped with tools, equipment, and replacement parts necessary for reasonably expected warranty and service needs; (4) "Factory campaign" means an effort by a new recreational vehicle warrantor to contact recreational vehicle owners or recreational vehicle dealers in order to address an issue concerning a recreational vehicle problem, defective part, or equipment; (5) "Family member" means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse thereof; (6) "Fifth-wheel trailer" means a recreational vehicle designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle; (7) "Folding camping trailer" means a recreational vehicle constructed with partially collapsible side walls that fold for travel and unfold and extend in the set-up mode, which is designed to be towed by a motorized vehicle; (8) "Line-make" means a specific series of recreational vehicle products that: (a) Are identified by a common series trade name or trademark; (b) Are targeted to a particular market segment based on the decor, features, equipment, size, weight, and price range; (c) Have dimensions and interior floor plans that distinguish the recreational vehicles from recreational vehicles that have substantially the same decor, features, equipment, weight, and price; (d) Belong to a single, distinct classification of recreational vehicle product type that has a substantial degree of commonality in the construction of the chassis, frame, and body; and (e) Are authorized for sale by the dealer in the dealer agreement; (9) "Manufacturer" means any person, partnership, firm, association, corporation, or trust, resident or nonresident, who manufactures or assembles new recreational vehicles, or imports for distribution through distributors of new recreational vehicles, or any partnership, firm, association, joint venture, corporation, or trust, resident or nonresident, which is controlled by the manufacturer. Additionally, the term "manufacturer" shall include the following terms: (a) "Distributor" means any person, firm, association, corporation, or trust, resident or nonresident, who in whole or in part offers for sale, sells, or distributes any new recreational vehicle to new recreational vehicle dealers, or who maintains factory representatives, or who controls any person, firm, association, corporation, or trust, resident or nonresident, or who in whole or in part offers for sale, sells, or distributes any new recreational vehicle to new recreational vehicle dealers; (b) "Factory branch" means a branch office maintained by a manufacturer for the purpose of selling, or offering for sale, new recreational vehicles to a distributor, wholesaler, or new recreational vehicle dealer, or for directing or supervising, in whole or in part, factory representatives, and shall further include any sales promotion organization, whether it is a person, firm, or corporation, which is engaged in promoting the sale of new recreational vehicles in this state of a particular line-make to new recreational vehicle dealers; and (c) "Factory representative" means a representative employed by a manufacturer, distributor, or factory branch for the purpose of making or promoting the sale of new recreational vehicles, or for supervising or contracting with dealers or prospective dealers; (10) "Motor home" means a recreational vehicle built on a self-propelled motor vehicle chassis that must contain at least four (4) of the following permanently installed independent life support systems: (a) A cooking facility with an onboard fuel source; (b) A potable water supply system that includes at least a sink, a faucet, and a water tank with an exterior service supply connection; (c) A toilet with exterior evacuation; (d) A gas or electric refrigerator; (e) A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine; or (f) A 110-125 volt electric power supply; (11) "New recreational vehicle" means a recreational vehicle that is in the possession of the manufacturer, distributor, or wholesaler, or has been sold to the holder of a valid dealer agreement, granted by the manufacturer, or distributor for the sale of the line- make of new recreational vehicle, and on which the original title has not been issued from the franchised dealer; (12) "New recreational vehicle dealer" means a recreational vehicle dealer who holds a valid dealer agreement, sales and service agreement, franchise, or contract granted by the manufacturer for the sale of the manufacturer's new recreational vehicles; (13) "Proprietary part" means a recreational vehicle part manufactured by or for a recreational vehicle manufacturer and sold exclusively by a recreational vehicle manufacturer; (14) "Recreational vehicle" means a vehicle that: (a) Is primarily designed as temporary living quarters for noncommercial recreation or camping use; (b) Has its own motive power or is towed by another vehicle; (c) Is regulated by the National Highway Traffic Safety Administration as a vehicle; and (d) Does not require a special highway use permit; The term "recreational vehicle" includes motor homes, travel trailers, fifth-wheel trailers, and folding camping trailers; (15) "Recreational vehicle salesperson" means any person who, for gain or compensation of any kind, either directly or indirectly, regularly or occasionally, by any form of agreement or arrangement, sells or negotiates for the sale of any new recreational vehicle for any new recreational vehicle dealer to any one (1) or more third parties; (16) "Supplier" means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components; (17) "Transient customer" means a person who is temporarily traveling through the area of sales responsibility of a recreational vehicle dealer; (18) "Travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle; and (19) "Warrantor" means any person, firm, corporation, or business entity, including any manufacturer or supplier, which provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components thereof. The term does not include a person that provides a service contract, mechanical or other insurance, or an extended warranty sold for separate consideration by a dealer or other person not controlled by a warrantor. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 1, effective January 1, 2015. Legislative Research Commission Note (1/1/2015). 2014 Ky. Acts ch. 27, sec. 26, provides that that Act, which established KRS Chapter 190A and amended various sections of KRS Chapter 190, may be cited as the Recreational Vehicle Dealer Franchise Act of 2014. Legislative Research Commission Note (1/1/2015). 2014 Ky. Acts ch. 27, sec. 27, provides that that Act, which established KRS Chapter 190A and amended various sections of KRS Chapter 190, applies to any recreational vehicle manufacturer-dealer agreement entered into on or after the effective date of that Act, which is January 1, 2015. Legislative Research Commission Note (1/1/2015). The internal numbering of this statute has been modified by the Reviser of Statutes from the way it appeared in 2014 Ky. Acts ch. 27, sec. 1, under the authority of KRS 7.136(1). The words in the text were not changed.

KRS 190A.020 Motor Vehicle Commission's licensure and supervision of recreational vehicle dealers and manufacturers -- Additional statutory requirements for new recreational vehicle dealers

190A.020. Motor Vehicle Commission's licensure and supervision of recreational vehicle dealers and manufacturers -- Additional statutory requirements for new recreational vehicle dealers (1) The Motor Vehicle Commission shall, under administrative regulations promulgated by it, issue the licenses provided for by KRS 190.010 to 190.080 to recreational vehicle dealers and manufacturers and shall have supervision over licensees in respect to this chapter and all the provisions of KRS 190.010 to 190.080 that are applicable to recreational vehicle manufacturers and dealers. (2) New recreational vehicle dealers shall also be subject to the provisions of KRS 190.090 to 190.140 and 190.270 to 190.320. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 2, effective January 1, 2015.

KRS 190A.030 Conditions applicable to area of sales responsibility of a new recreational vehicle dealer included in an agreement between a new recreational vehicle manufacturer and a dealer -- Prohibition against sales activity outside of designated area -- Exception

190A.030. Conditions applicable to area of sales responsibility of a new recreational vehicle dealer included in an agreement between a new recreational vehicle manufacturer and a dealer -- Prohibition against sales activity outside of designated area -- Exception (1) The following conditions shall apply to the area of sales responsibility of a new recreational vehicle dealer included in a dealer agreement between a new recreational vehicle manufacturer and a dealer: (a) A manufacturer or distributor shall not sell a recreational vehicle in this state to or through a dealer without first having entered into a written dealer agreement with a dealer which has been signed by both parties; (b) The new recreational vehicle manufacturer shall designate in the dealer agreement the area of sales responsibility in which the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a line-make included in the dealer agreement; (c) The manufacturer shall not contract with anot her dealer for the sale of the same line-make included in the designated area for the duration of the agreement; and (d) The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the exec ution of the dealer agreement. (2) A new recreational vehicle dealer shall not conduct sales activity or display for sale recreational vehicles outside of its designated area of sales responsibility except as provided in KRS 190.030(8) and the laws of this state. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 182, sec. 30, effective April 14, 2026. -- Created 2014 Ky. Acts ch. 27, sec. 3, effective January 1, 2015.

KRS 190A.040 Recreational vehicle manufacturer may terminate or not renew a new recreational vehicle dealer's agreement with good cause -- Determination of good cause -- Notice of termination or nonrenewal of dealer agreement

190A.040. Recreational vehicle manufacturer may terminate or not renew a new recreational vehicle dealer's agreement with good cause -- Determination of good cause -- Notice of termination or nonrenewal of dealer agreement (1) A recreational vehicle manufacturer, directly or through any officer, agent, or employee, may terminate or not renew a new recreational vehicle dealer's agreement with good cause. (2) A recreational vehicle manufacturer has the burden of showing good cause when terminating or not renewing a dealer agreement for cause. For the purpose of determining whether there is good cause for the proposed action, any of the following factors may be considered: (a) The extent of the penetration of the dealer in the area of sales responsibility; (b) The extent and quality of the service of the dealer under recreational vehicle warranties; (c) The nature and extent of the investment of the dealer in the business of the dealer; (d) The adequacy of the service facilities, equipment, parts, supplies, and personnel of the dealer; (e) The effect of the proposed action on the community; (f) Whether the dealer fails to follow agreed-upon procedures or standards related to the overall operation of the dealership; and (g) The performance by the dealer under the terms of the dealer agreement. (3) (a) Except as provided in paragraph (d) or (e) of this subsection, the manufacturer shall provide written notice at least ninety (90) days before the effective date of the termination or nonrenewal of the dealer agreement in the event the dealer is being terminated for good cause. (b) The notice shall state all of the reasons for the termination or nonrenewal of the dealer agreement. (c) The notice shall state that if the dealer provides to the manufacturer within thirty (30) days after the dealer receives the original notice a written notification of the intent of the dealer to cure all claimed deficiencies, the dealer shall have ninety (90) days from the receipt of the original notice to correct the claimed deficiencies. If all of the deficiencies are corrected within the ninety (90) day time period, the notice shall be deemed void and the manufacturer shall not terminate or not renew the dealer agreement because of the claimed deficiencies stated in the notice. If the dealer does not provide a notification of intent to cure deficiencies within the thirty (30) day time period, the termination or nonrenewal of the dealer agreement shall take effect thirty (30) days from the dealer's receipt of the original notice. (d) A manufacturer may reduce the notice period of this subsection from ninety (90) days to thirty (30) days if the grounds for termination or nonrenewal of the dealer agreement by the manufacturer are any of the following factors: 1. A conviction of a felony or a plea of guilty or nolo contendere to a felony by a dealer or an owner of a dealership of a crime that was committed during the time frame of the current dealer agreement; provided there is full disclosure, in writing, of any felony conviction or plea of guilty or nolo contendere to any such felony crime that occurred within ten (10) years of entering into such dealer agreement; 2. The abandonment or closing of the business operations of the dealer for ten (10) consecutive business days without contacting the manufacturer prior to the closing unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control; 3. A misrepresentation to the manufacturer by the dealer that materially affects the business relationship between the dealer and the manufacturer; 4. A suspension or revocation of the dealer's license, or refusal to renew the dealer's license, by the Motor Vehicle Commission; or 5. A material violation of this chapter which is not cured within thirty (30) days after the written notice by the manufacturer. (e) A manufacturer shall not be required to provide notice or an opportunity to correct deficiencies under this subsection if the grounds for termination or nonrenewal of the dealer agreement by the manufacturer include one (1) of the following: 1. The dealer becomes insolvent; 2. The dealer is bankrupt; or 3. The dealer makes an assignment for the benefit of creditors. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 4, effective January 1, 2015. Legislative Research Commission Note (1/1/2015). Under the authority of KRS 7.136(1), the Reviser of Statutes has restructured subsection (3) of this statute and changed references therein to correspond. No substantive change has been made.

KRS 190A.050 New recreational vehicle dealer may terminate a dealer agreement with recreational vehicle manufacturer with or without good cause -- Conditions applicable to termination -- Burden of showing good cause -- Notice -- Clear title required for inventory to be repurchased by manufacturer

190A.050. New recreational vehicle dealer may terminate a dealer agreement with recreational vehicle manufacturer with or without good cause -- Conditions applicable to termination -- Burden of showing good cause -- Notice -- Clear title required for inventory to be repurchased by manufacturer (1) A new recreational vehicle dealer may terminate a dealer agreement with a recreational vehicle manufacturer with or without good cause. If the dealer terminates or does not renew the dealer agreement with good cause, the manufacturer shall comply with the provisions of subsection (5) of this section. If the dealer terminates or does not renew the dealer agreement without good cause, the provisions of subsection (5) of this section shall not apply. A dealer that terminates a dealer agreement for good cause shall provide the manufacturer with written notice at least ninety (90) days prior to the effective date of the termination of the dealer agreement. (2) All of the following conditions shall apply to a termination of a dealer agreement under this section for good cause: (a) The notice described in subsection (1) of this section shall state all reasons for the proposed termination; and (b) The notice described in subsection (1) of this section shall state that if the manufacturer provides to the dealer within thirty (30) days after the manufacturer receives the notice of termination a written notification of intent to cure all claimed deficiencies, the manufacturer shall have ninety (90) days after the manufacturer's receipt of the original notice to correct the deficiencies. If all of the deficiencies are corrected within the ninety (90) day period, the notice shall be deemed void and the dealer shall not terminate the dealer agreement because of the claimed deficiencies stated in the notice. If the manufacturer does not provide a notification of intent to cure deficiencies within thirty (30) days of receiving the original notice, the termination shall take effect thirty (30) days from the manufacturer's receipt of the original notice. (3) The dealer has the burden of showing good cause. Any of the following factors shall be considered good cause for the proposed termination of a dealer agreement by a dealer: (a) A conviction of a felony or a plea of guilty or nolo contendere to a felony by a manufacturer of a crime that was committed during the time frame of the current dealer agreement; provided there is full disclosure, in writing, of any felony conviction or plea of guilty or nolo contendere to any such felony crime that occurred within ten (10) years of entering into the dealer agreement; (b) Abandonment or permanent closing of the business operations of the manufacturer for ten (10) consecutive business days without contacting the dealer prior to the closing, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (c) A misrepresentation to the dealer by the manufacturer that materially affects the business relationship between the dealer and manufacturer; (d) A material violation of any of the provisions of this chapter by the manufacturer; (e) A material breach of the dealer agreement by the manufacturer; or (f) The manufacturer becomes insolvent, is bankrupt, or makes an assignment for the benefit of the creditors. (4) A dealer is not required to provide notice or an opportunity to correct deficiencies under this section if the grounds for termination or nonrenewal of the dealer agreement by the dealer includes one (1) of the following: (a) The manufacturer becomes insolvent; (b) The manufacturer is bankrupt; or (c) The manufacturer makes an assignment for the benefit of creditors. (5) If the manufacturer fails to provide the notice of intent to cure or fails to cure any claimed deficiencies pursuant to subsection (2) of this section, the manufacturer shall, at the election of the dealer and within forty-five (45) days after termination or nonrenewal, repurchase as follows: (a) All new, untitled recreational vehicles that were acquired from the manufacturer within the twelve (12) months prior to the effective date of the notice of termination of the dealer agreement that have not been used, except for demonstration purposes, and that have not been altered or damaged, may be repurchased at one hundred percent (100%) of the net invoice cost of the recreational vehicles, including transportation, less applicable rebates and discounts to the dealer. In the event any of the vehicles repurchased pursuant to this paragraph are damaged, but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle. Damage prior to delivery to the dealer that is disclosed at the time of delivery shall not disqualify repurchase of that vehicle under this section; (b) All current and undamaged accessories and proprietary parts sold to the dealer for resale by the manufacturer or distributor within the twelve (12) months prior to the effective date of the termination of the dealer agreement that are accompanied by the original invoice may be repurchased at one hundred five percent (105%) of the original net price paid to the manufacturer to compensate the dealer for handling, packing, and shipping the accessories and parts; and (c) Any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of the dealer's net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, shall be repurchased if it was purchased by the dealer upon the manufacturer's request within five (5) years before termination, cancellation, or nonrenewal, and it can no longer be used in the normal course of the dealers' ongoing business. The manufacturer or distributor shall pay the dealer within thirty (30) days after receipt of the returned items. (6) The dealer shall show clear title to vehicle inventory and promptly return or arrange for the return of all the items the manufacturer is required to repurchase under subsection (5) of this section at the expense of the manufacturer. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 5, effective January 1, 2015.

KRS 190A.060 New recreational vehicle dealer not prohibited from selling remaining in- stock recreational vehicles after termination or nonrenewal of dealer agreement

190A.060. New recreational vehicle dealer not prohibited from selling remaining in- stock recreational vehicles after termination or nonrenewal of dealer agreement The Motor Vehicle Commission shall not prohibit a new recreational vehicle dealer from selling the remaining in-stock recreational vehicles of a line-make subject to a dealer agreement after that dealer agreement has been terminated or not renewed pursuant to KRS 190A.040 or 190A.050. If recreational vehicles of a line-make that was subject to a terminated dealer agreement are not repurchased or required to be repurchased by the manufacturer, the dealer may continue to sell all recreational vehicles that were subject to the terminated dealer agreement and were in the dealer's inventory on the effective date of the termination until those recreational vehicles are no longer in the dealer's inventory. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 6, effective January 1, 2015.

KRS 190A.070 Conditions applicable to proposed sale of business assets, stock transfer, or other transaction that will result in a change of ownership of a new recreational vehicle dealer except in cases of death, incapacity, or retirement of designated principal of dealer -- Conditions applicable to those cases

190A.070. Conditions applicable to proposed sale of business assets, stock transfer, or other transaction that will result in a change of ownership of a new recreational vehicle dealer except in cases of death, incapacity, or retirement of designated principal of dealer -- Conditions applicable to those cases (1) All of the following conditions shall apply to a proposed sale of the business assets, transfer of stock, or other transaction that will result in a change of ownership of a new recreational vehicle dealer, except a transaction described in subsection (2) of this section: (a) The dealer shall provide written notice to the manufacturer at least ninety (90) days prior to the proposed closing of the transaction; (b) If the dealer is not in breach of the dealer agreement or in violation of the provisions of this chapter at the time the dealer provides the notice described in paragraph (a) of this subsection, the manufacturer shall not object to the proposed transaction, unless: 1. The prospective transferee was previously a party to a dealer agreement with the manufacturer that the manufacturer terminated; 2. In the proceeding ten (10) years, the prospective transferee was convicted of a felony crime or any crime of fraud, deceit, or moral turpitude; 3. The prospective transferee does not have an application for a recreational vehicle dealer license pending with the Motor Vehicle Commission or a tentative dealer agreement with a recreational vehicle manufacturer to conduct business as a dealer in this state relative to the sale or transfer of the dealership; 4. The prospective transferee does not have an active line of credit sufficient to purchase recreational vehicles from the manufacturer according to the terms of the dealer agreement; or 5. In the preceding ten (10) years, the prospective transferee was bankrupt or insolvent, made a general assignment for the benefit of creditors, or a receiver, trustee, or conservator was appointed to take possession of the business or property of the prospective transferee; (c) If the manufacturer objects to the proposed transaction, the manufacturer shall give written notice of its objection, including the reasons for the objection, to the dealer within thirty (30) days after receiving the notice described in paragraph (a) of this subsection. If the manufacturer does not give notice of an objection within the thirty (30) day time period, the proposed transaction shall be considered approved by the manufacturer; and (d) For purposes of paragraph (c) of this subsection, the manufacturer has the burden of demonstrating why the manufacturer objects to the proposed transaction. (2) All of the following conditions apply concerning the death, incapacity, or retirement of the designated principal of a dealer: (a) A dealer agreement shall include a designated principal of the dealer. A dealer agreement may identify a family member as the successor to the principal in the event of the death, incapacity, or retirement of the designated principal or include a succession plan of the dealer. A dealer may at any time change a designation or succession plan by providing written notice to the manufacturer; (b) The manufacturer shall not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired designated principal of that dealer unless the manufacturer previously provided written notice to the dealer of any objections to the succession plan of the dealer within thirty (30) days after receiving the succession plan of the dealer or any modification of the succession plan of the dealer; (c) Except as provided in paragraph (e) of this subsection, unless the dealer is in breach of the dealer agreement, a manufacturer shall not object to the succession to a dealership by a family member of the deceased, incapacitated, or retired designated principal, unless: 1. In the preceding ten (10) years, the successor was convicted of a felony crime or any crime of fraud, deceit, or moral turpitude; 2. In the preceding ten (10) years, the successor was bankrupt, insolvent, or made an assignment for the benefit of creditors; 3. The successor was previously a party to a dealer agreement with the manufacturer that the manufacturer terminated for a breach of a dealer agreement; 4. The successor does not have an active line of credit sufficient to purchase recreational vehicles from the manufacturer according to the terms of the dealer agreement; or 5. The successor does not have an application for a recreational vehicle dealer license pending before the Motor Vehicle Commission or a tentative dealer agreement with a recreational vehicle manufacturer to conduct business as a dealer in this state; (d) The manufacturer has the burden of proof regarding any objection to the succession to a dealership by a family member of the deceased, incapacitated, or retired designated principal; and (e) The consent of the manufacturer shall be required for the succession to a dealership by a family member of the deceased, incapacitated, or retired designated principal if the succession involves a relocation of the business or an alteration of the terms and conditions of the dealer agreement. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 7, effective January 1, 2015.

KRS 190A.080 Obligations of warrantor of products sold by new recreational vehicle dealer -- Audits of dealer records -- Warranty claims submission -- Storage of defective warranty parts -- Notification of warrantor if dealer is unable to perform warranty repair -- Approval or disapproval of warranty claim

190A.080. Obligations of warrantor of products sold by new recreational vehicle dealer -- Audits of dealer records -- Warranty claims submission -- Storage of defective warranty parts -- Notification of warrantor if dealer is unable to perform warranty repair -- Approval or disapproval of warranty claim (1) A warrantor has all the following obligations to each new recreational vehicle dealer engaged in the sale of products that are covered by a warranty from that warrantor: (a) To specify in writing to the dealer the obligations of the dealer, if any, for preparation, delivery, and warranty service on its products; (b) To compensate the dealer for warranty service required of the dealer by the warrantor; (c) To provide the dealer with a schedule of compensation the warrantor will pay for warranty work and service, and the time allowances of the warrantor for the performance of that work and service. All of the following conditions apply to the schedule of compensation required under this paragraph: 1. Time allowances for the diagnosis and performance of warranty labor shall be reasonable for the work to be performed; 2. In the determination of what constitutes reasonable compensation under this section, the principal factors to be considered are the actual wage rates paid by the dealer, and the actual retail labor rate charged by dealers in the community in which the dealer is doing business; and 3. The compensation of a dealer for warranty labor may not be less than the lowest retail labor rates actually charged by the dealer for like nonwarranty labor, as long as those rates are reasonable; (d) To reimburse the dealer for any warranty part, accessory, or complete component at actual wholesale cost plus a minimum thirty percent (30%) handling charge up to a maximum of one hundred fifty dollars ($150) and the cost, if any, of freight to return such parts, components, or accessories to the warrantor; and (e) To deny dealer claims for warranty compensation only for cause, including but not limited to performance of nonwarranty repairs, material noncompliance with the published policies and procedures of the warrantor, lack of material documentation of claims, fraud, or misrepresentation. (2) A warrantor may conduct audits of the records of a dealer that sells its warranted products on a reasonable basis. (3) A dealer shall submit warranty claims to a warrantor within forty-five (45) days after completing all warranty work on a warranted product. (4) A dealer is not obligated to store defective warranty parts for more than thirty (30) days from the time the warranty work is paid by the warrantor, if the defective parts, components, or accessories are not immediately returned to the warrantor. (5) A dealer shall immediately notify the warrantor in writing if the dealer is unable to perform any warranty repair within ten (10) days of receipt of a written complaint from a consumer. (6) A warrantor shall approve or disapprove a warranty claim on a warranted product in writing within thirty (30) days after the date the dealer submits the claim, if the claim is submitted in the manner and in the form prescribed by the warrantor. If a claim that is properly submitted is not specifically disapproved in writing by a warrantor within the thirty (30) day time period, the claim shall be considered approved by the warrantor, and the warrantor shall pay the amount of the claim to the dealer within sixty (60) days after the dealer submitted the claim. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 8, effective January 1, 2015.

KRS 190A.090 Warrantor's prohibited actions

190A.090. Warrantor's prohibited actions (1) As used in this section and KRS 190A.080: (a) "Products" means new recreational vehicles or parts, accessories, or components of new recreational vehicles; and (b) "Warranted products" means products subject to a written warranty to the consumer from a specific warrantor. (2) A warrantor shall not do any of the following: (a) Fail to perform all of its warranty obligations with respect to a warranted product; (b) In any written notice of a factory campaign to recreational vehicle owners and dealers, fail to include the expected date by which necessary parts and equipment, including tires and chassis or chassis parts, if required, will be available to the dealer to perform the factory campaign work. The warrantor shall provide sufficient parts to the dealer to perform the factory campaign work. If the number of parts provided to the dealer pursuant to this paragraph exceeds the requirements of the dealer to perform the factory campaign work, the dealer may return unused, undamaged parts to the warrantor for credit after completion of the factory campaign; (c) Subject to the provisions of KRS 190A.080, fail to compensate a dealer for authorized repairs of warranted products damaged during the manufacturing process or damaged while in transit to the dealer if the warrantor selected the carrier; (d) Fail to compensate a dealer for authorized warranty service under this section in accordance with the applicable schedule of compensation provided to the dealer pursuant to KRS 190A.080 if the warranty service is performed in a timely and competent manner; (e) Intentionally misrepresent in any way to a purchaser of a warranted product that any warranty concerning the manufacture, performance, or design of the warranted product is made by the dealer either as a warrantor or co-warrantor; or (f) Require a dealer to make warranties to customers in any manner related to the manufacture of a warranted product. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 9, effective January 1, 2015.

KRS 190A.100 Recreational vehicle dealer's prohibited actions

190A.100. Recreational vehicle dealer's prohibited actions A recreational vehicle dealer shall not do any of the following: (1) Fail to perform any warranty service work authorized by a warrantor in a reasonably competent and timely manner if a transient customer requests service work on a recreational vehicle of a line-make that the dealer is authorized to display and sell; (2) Make a fraudulent warranty claim to a warrantor; (3) Misrepresent the terms of any warranty; (4) Fail to perform any pre-delivery inspection functions as specified by the warrantor in a competent and timely manner; (5) Fail to accurately document the time spent completing each repair, the total number of repair attempts conducted on a single recreational vehicle, and the number of repair attempts for the same repair conducted on a single recreational vehicle; (6) Fail to notify the warrantor within ten (10) days subsequent to the second repair attempt on a defect which impairs the use, value, or safety of a recreational vehicle; or (7) Fail to maintain written records, including a customer's signature, regarding the amount of time a recreational vehicle is stored for the consumer's convenience during a repair. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 10, effective January 1, 2015.

KRS 190A.110 Activities in violation of chapter

190A.110. Activities in violation of chapter Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of this chapter for: (1) A warrantor to fail to indemnify and hold harmless its new recreational vehicle dealer against any losses or damages to the extent that the losses or damages are caused by the negligence or willful misconduct of the warrantor. A new recreational vehicle dealer may not be denied indemnification for failing to discover, disclose, or remedy a defect in the design or manufacturing of a new recreational vehicle. A new recreational vehicle dealer may be denied indemnification if the new recreational vehicle dealer fails to remedy a known and announced defect in accordance with the written instructions of a warrantor for whom the new recreational vehicle dealer is obligated to perform warranty service. A new recreational vehicle dealer shall provide to a warrantor a copy of any pending lawsuit in which allegations are made that are covered by the provisions of this subsection within ten (10) days after receiving such suit. Notwithstanding anything to the contrary, this subsection shall continue to apply even after the new recreational vehicle is titled; or (2) A new recreational vehicle dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent that the losses or damages are caused by the negligence or willful misconduct of the new recreational vehicle dealer. A warrantor shall provide to a new recreational vehicle dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within the provisions of this subsection within ten (10) days after receiving such suit. Notwithstanding anything to the contrary, this subsection shall continue to apply even after the new recreational vehicle is titled. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 11, effective January 1, 2015.

KRS 190A.120 Conditions applicable to new recreational vehicle damaged prior to delivery to dealer or in transit to dealer -- Inspection and rejection of recreational vehicles that are damaged or have unreasonable odometer mileage

190A.120. Conditions applicable to new recreational vehicle damaged prior to delivery to dealer or in transit to dealer -- Inspection and rejection of recreational vehicles that are damaged or have unreasonable odometer mileage (1) All of the following conditions apply if a new recreational vehicle is damaged before it is shipped to a dealer, or is damaged in transit to the dealer and the manufacturer selected the carrier or means of transportation: (a) The dealer shall notify the manufacturer of the damage within the time period specified in the dealer agreement and do one (1) of the following: 1. In the notice, request authorization from the manufacturer to replace the components, parts, and accessories damaged, or otherwise correct the damage; or 2. Reject the recreational vehicle within the time period specified in the dealer agreement; (b) If the manufacturer refuses or fails to authorize repair of the damage within ten (10) days after receiving notice under paragraph (a) of this subsection or if the dealer rejects the recreational vehicle because of the damage within the time period specified in the dealer agreement, ownership of the recreational vehicle reverts to the manufacturer; and (c) The dealer shall exercise due care in the custody of the damaged recreational vehicle; provided, the dealer shall have no financial or other obligation with respect to that recreational vehicle. (2) A dealer agreement shall include a time period for inspection and rejection of damaged recreational vehicles under subsection (1) of this section that is not less than two (2) business days after the physical delivery of the recreational vehicles to the dealer. (3) If the number of miles on the odometer of the recreational vehicle is more than the sum of the distance between the dealer and the factory of the manufacturer or point of distribution plus one hundred (100) miles, the dealer may consider the number of miles on the odometer unreasonable for purposes of this subsection. If a dealer determines that a new recreational vehicle has an unreasonable number of miles on the odometer at the time the recreational vehicle is delivered to the dealer, the dealer may reject the recreational vehicle and the ownership of the recreational vehicle shall revert to the manufacturer. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 12, effective January 1, 2015.

KRS 190A.130 Coercion of recreational vehicle dealer by manufacturer prohibited

190A.130. Coercion of recreational vehicle dealer by manufacturer prohibited (1) As used in this section, the term "coerce" includes but is not limited to: (a) Threatening to terminate or not renew a dealer agreement without good cause; and (b) Threatening to withhold line-makes or other product lines the dealer is entitled to display and sell under the dealer agreement or delay delivery of recreational vehicles as an inducement to amend the dealer agreement. (2) A recreational vehicle manufacturer shall not coerce or attempt to coerce a dealer to purchase a product or service that the dealer did not order. (3) A recreational vehicle manufacturer shall not coerce a dealer to enter into any agreement with the manufacturer. (4) A recreational vehicle manufacturer shall not coerce or attempt to coerce a dealer to enter into an agreement with the manufacturer or any other person that requires the dealer to submit any disputes by the dealer to binding arbitration or otherwise waive the rights or responsibilities of the dealer under the provisions of this chapter. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 13, effective January 1, 2015.

KRS 190A.140 Penalty for violation of chapter

190A.140. Penalty for violation of chapter Any person who violates or causes, aids, or abets any violation of any provision of this chapter shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or imprisoned for not more than thirty (30) days, or both. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 27, sec. 14, effective January 1, 2015.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=42918Fetched: 10/20/2026