8-2439. Delivery of motor vehicles to persons in state; who authorized to deliver. (a) In addition to any other restrictions or requirements imposed by law, no first stage manufacturer or second stage manufacturer of vehicles, factory branch, distributor branch, or distributor or factory representative may deliver a motor vehicle in this state to a person in this state, unless such motor vehicle is delivered to the person by a vehicle dealer licensed to do business in the state of Kansas pursuant to the dealers and manufacturers licensing act and as provided in this section. Unless otherwise provided by law, all new motor vehicles shall be delivered as required by this section by a new vehicle dealer who is a party to a franchise agreement for the same line-make vehicle as that to be delivered and in the case of used motor vehicles, then by a new vehicle dealer or used vehicle dealer. As used in this section, the term "line-make vehicle" shall have the same meaning as provided in K.S.A. 8-2438, and amendments thereto.
(b) The requirements of this section shall not apply to:
(1) A person to whom the provisions of subsection (v) of K.S.A. 8-2404, and amendments thereto, apply;
(2) motor vehicles delivered by one licensed motor vehicle dealer to another within the scope of such license, including those delivered by first stage manufacturers and second stage manufacturers to each other;
(3) deliveries of motor vehicles, including those which are used, to new vehicle dealers for resale in this state by such new vehicle dealer;
(4) deliveries of used motor vehicles to auction motor vehicle dealers, used vehicle dealers and salvage vehicle dealers for resale in this state; and
(5) (A) deliveries of motor vehicles to first stage converters and second stage converters for the construction and sale of motor vehicles produced by such licensee; or
(B) the resulting motor vehicles so constructed and produced by such licensee if it has not historically relied primarily upon franchise agreements with new vehicle dealers for the retail sale in this state of a material portion of the motor vehicles it produces and does not primarily utilize or rely upon franchise agreements between itself and new vehicle dealers for the retail sale in this state of new motor vehicles produced by such first or second stage convertor.
History: L. 2000, ch. 20, ยง 2; March 30.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 24 - Licensure Of Vehicle Sales And Manufacture
8-2402 Declaration of public policy.
8-2403 Vehicle dealers required to have licenses; exceptions; supervision by director of vehicles.
8-2405 Insurance required of dealers; limitations on cancellation.
8-2406 Dealer plates; fee; symbols on plates; use of plates.
8-2409 Temporary vehicle registration permits; cost; display; operation under laden conditions.
8-2411 Violations; hearing; penalties; appeals.
8-2413 Injunctions; jurisdiction of courts; mediation.
8-2417 Jurisdiction over licensees; service of process in secretary of state; limitation of rights.
8-2420 Act supplemental to vehicle registration laws.
8-2426 Same; unlawful acts; penalties.
8-2428 Dealer review board; duties.
8-2429 Interstate dealer licensing compact.
8-2431 Same; exemption for manufacturers with dispute resolution procedures.
8-2432 Same; act part of vehicle dealers and manufacturers licensing act.
8-2433 Temporary permit for vehicle salesperson.
8-2434 Selling motor vehicles without a license; penalty.
8-2436 Salvage vehicle pools; requirements.
8-2438 Ownership and operation of new vehicle dealership by certain entities prohibited; exceptions.
8-2439 Delivery of motor vehicles to persons in state; who authorized to deliver.
8-2440 Transactions executed outside state; when lemon law applicable.
8-2441 Aiding or abetting violations of act prohibited.
8-2443 Act supplemental to vehicle dealers and manufacturers licensing act.
8-2444 Temporary trade show license; requirements; fees.
8-2445 Franchise agreements; prohibiting manufacturers from engaging in certain activities.