Kentucky Statutes 281.687 – Vehicle license cost recovery fee charged by motor vehicle renting company
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(1) As used in this section:
(a) “Motor vehicle renting company” means a holder of a certificate as required under KRS § 281.630 to operate as a U-Drive-It, which regularly engages in renting or leasing motor vehicles to customers for less than a sixty (60) day term as part of an established business;
(b) “Vehicle license costs” means the costs incurred by a motor vehicle renting company for licensing, titling, registration, property tax, plating, and inspecting rental motor vehicles; and
(c) “Vehicle license cost recovery fee” means a charge on a vehicle rental transaction originating within the Commonwealth that is separately stated on the rental agreement to recover vehicle license costs.
(2) (a) If a motor vehicle renting company includes a vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the company’s good-faith estimate of the motor vehicle rental company’s daily charge to recover its actual total annual vehicle license costs.
(b) If the total amount of the vehicle license cost recovery fees collected by a motor vehicle renting company under this section in any calendar year exceeds the company’s actual vehicle license costs, the motor vehicle renting company shall:
1. Retain the excess amount; and
2. Adjust the vehicle cost recovery fee for the following calendar year by a corresponding amount.
(3) Nothing in this section shall prevent a motor vehicle renting company from including, or making adjustments during the calendar year to, separately stated surcharges, fees, or charges in the rental agreement, which may include but are not limited to vehicle license cost recovery fees, airport access fees, airport concession fees, consolidated facility charges, and all applicable taxes.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 17, effective June 24, 2015. — Created
2008 Ky. Acts ch. 88, sec. 1, effective July 15, 2008.
(a) “Motor vehicle renting company” means a holder of a certificate as required under KRS § 281.630 to operate as a U-Drive-It, which regularly engages in renting or leasing motor vehicles to customers for less than a sixty (60) day term as part of an established business;
Terms Used In Kentucky Statutes 281.687
- Certificate: means a certificate of compliance issued under this chapter to motor carriers. See Kentucky Statutes 281.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Motor vehicle: means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles. See Kentucky Statutes 281.010
- Property: means general or specific commodities, including hazardous and nonhazardous materials. See Kentucky Statutes 281.010
- U-Drive-It: means any person operating under a U-Drive-It certificate who leases or rents a motor vehicle for consideration to be used for the transportation of persons or property, but for which no driver is furnished, and the use of which motor vehicle is not for the transportation of persons or property for hire by the lessee or rentee. See Kentucky Statutes 281.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) “Vehicle license costs” means the costs incurred by a motor vehicle renting company for licensing, titling, registration, property tax, plating, and inspecting rental motor vehicles; and
(c) “Vehicle license cost recovery fee” means a charge on a vehicle rental transaction originating within the Commonwealth that is separately stated on the rental agreement to recover vehicle license costs.
(2) (a) If a motor vehicle renting company includes a vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the company’s good-faith estimate of the motor vehicle rental company’s daily charge to recover its actual total annual vehicle license costs.
(b) If the total amount of the vehicle license cost recovery fees collected by a motor vehicle renting company under this section in any calendar year exceeds the company’s actual vehicle license costs, the motor vehicle renting company shall:
1. Retain the excess amount; and
2. Adjust the vehicle cost recovery fee for the following calendar year by a corresponding amount.
(3) Nothing in this section shall prevent a motor vehicle renting company from including, or making adjustments during the calendar year to, separately stated surcharges, fees, or charges in the rental agreement, which may include but are not limited to vehicle license cost recovery fees, airport access fees, airport concession fees, consolidated facility charges, and all applicable taxes.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 17, effective June 24, 2015. — Created
2008 Ky. Acts ch. 88, sec. 1, effective July 15, 2008.