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 MUST BE TRANSFERRED BY ASSIGNMENT OF A
KANSAS NONHIGHWAY TITLE OR MSO/MCO.
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).
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 non-highway 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 TR-90. 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.
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. K.S.A. 8-127 REQUIRES the registration of motor vehicles
“INTENDED 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.
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