CHAPTER 186 Licensing of Motor Vehicles, Operators and Trailers

General Provisions

186.005. Policy on regulation and registration of vehicles — License plates.

  1. It is declared to be the policy of this Commonwealth that all vehicles should be regulated, registered, and the laws pertaining thereto be administered by the Transportation Cabinet. Motor vehicles other than commercial vehicles should be registered, regulated, and controlled by the Transportation Cabinet and the Justice and Public Safety Cabinet.
  2. All motor vehicles registered under the provisions of KRS 186.050(1) shall be on an annual basis and evidenced by a license plate whose registration designation is a combination of letters of the alphabet and Arabic numerical digits. These registration plates shall be issued for use during a multiyear period and validated for continued use the following year, or years, by affixing an appropriate insignia of plastic or adhesive material bearing the date of the new year.
  3. Unless otherwise specified, all motor vehicles shall have registration plates issued for use during a multiyear period and validated for continued use the following year, by affixing an appropriate insignia of plastic or adhesive material bearing the date of the new year.
  4. The Transportation Cabinet may promulgate regulations and prepare the proper insignia and forms, which forms shall include information required by the Transportation Cabinet.

History. Enact. Acts 1962, ch. 62, § 2; 1966, ch. 255, § 168; 1974, ch. 74, Art. IV, § 20(9); 1974, ch. 226, § 1; 1976, ch. 94, § 1; 1976, ch. 133, § 3; 1978, ch. 239, § 1, effective June 17, 1978; 1994, ch. 132, § 2, effective July 15, 1994; 2007, ch. 85, § 189, effective June 26, 2007; 2021 ch. 53, § 1, effective June 29, 2021.

NOTES TO DECISIONS

1.Effect of Adoption of KRS Ch. 186A.

The adoption of KRS Chapter 186A in conjunction with the existing provisions of this chapter, had the effect of changing the law of Kentucky from an equitable title state to a certificate of title state for the purposes of determining ownership of a motor vehicle for liability insurance requirements. The general law of sales is no longer applicable to such a situation because of the statute. Potts v. Draper, 864 S.W.2d 896, 1993 Ky. LEXIS 117 ( Ky. 1993 ).

2.Evidence of Ownership.

Compliance with the motor vehicle licensing statute of this chapter is not dispositive of ownership since ownership is a factual issue. Dixon v. Kentucky Farm Bureau Mut. Ins. Co., 602 S.W.2d 173, 1980 Ky. LEXIS 240 ( Ky. 1980 ).

Opinions of Attorney General.

The owner of a motor vehicle may properly procure a loan on it and execute a lien thereon and have the lien recorded on the previous year’s registration during the grace period after January 1. OAG 63-1088 .

Research References and Practice Aids

Kentucky Law Journal.

Whiteside, Amending the Uniform Commercial Code, Introduction: Updating the Code. 51 Ky. L.J. 3 (1962).

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.010. Definitions for chapter.

As used in this chapter, unless otherwise indicated:

  1. “Cabinet,” as used in KRS 186.400 to 186.640 , means the Transportation Cabinet; except as specifically designated, “cabinet,” as used in KRS 186.020 to 186.270 , means the Transportation Cabinet only with respect to motor vehicles, other than commercial vehicles; “cabinet,” as used in KRS 186.020 to 186.270 , means the Department of Vehicle Regulation when used with respect to commercial vehicles;
  2. “Highway” means every way or place of whatever nature when any part of it is open to the use of the public, as a matter of right, license, or privilege, for the purpose of vehicular traffic;
  3. “Manufacturer” means any person engaged in manufacturing motor vehicles who will, under normal conditions during the year, manufacture or assemble at least ten (10) new motor vehicles;
  4. “Motor vehicle” means in KRS 186.020 to 186.260 , all vehicles, as defined in paragraph (a) of subsection (8) of this section, which are propelled otherwise than by muscular power. As used in KRS 186.400 to 186.640 , it means all vehicles, as defined in paragraph (b) of subsection (8) of this section, which are self-propelled. “Motor vehicle” shall not include a moped as defined in this section, but for registration purposes shall include low-speed vehicles and military surplus vehicles as defined in this section and vehicles operating under KRS 189.283 ;
  5. “Moped” means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour;
  6. “Operator” means any person in actual control of a motor vehicle upon a highway;
    1. “Owner” means a person who holds the legal title of a vehicle or a person who pursuant to a bona fide sale has received physical possession of the vehicle subject to any applicable security interest. (7) (a) “Owner” means a person who holds the legal title of a vehicle or a person who pursuant to a bona fide sale has received physical possession of the vehicle subject to any applicable security interest.
    2. A vehicle is the subject of an agreement for the conditional sale or lease, with the vendee or lessee entitled to possession of the vehicle, upon performance of the contract terms, for a period of three hundred sixty-five (365) days or more and with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, the conditional vendee or lessee or mortgagor shall be deemed the owner.
    3. A licensed motor vehicle dealer who transfers physical possession of a motor vehicle to a purchaser pursuant to a bona fide sale, and complies with the requirements of KRS 186A.220 , shall not be deemed the owner of that motor vehicle solely due to an assignment to his dealership or a certificate of title in the dealership’s name. Rather, under these circumstances, ownership shall transfer upon delivery of the vehicle to the purchaser, subject to any applicable security interest;
    1. “Vehicle,” as used in KRS 186.020 to 186.260 , includes all agencies for the transportation of persons or property over or upon the public highways of this Commonwealth and all vehicles passing over or upon said highways, except electric low-speed scooters, road rollers, road graders, farm tractors, vehicles on which power shovels are mounted, such other construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways, such vehicles as travel exclusively upon rails, and such vehicles as are propelled by electric power obtained from overhead wires while being operated within any municipality or where said vehicles do not travel more than five (5) miles beyond the city limit of any municipality. (8) (a) “Vehicle,” as used in KRS 186.020 to 186.260 , includes all agencies for the transportation of persons or property over or upon the public highways of this Commonwealth and all vehicles passing over or upon said highways, except electric low-speed scooters, road rollers, road graders, farm tractors, vehicles on which power shovels are mounted, such other construction equipment customarily used only on the site of construction and which is not practical for the transportation of persons or property upon the highways, such vehicles as travel exclusively upon rails, and such vehicles as are propelled by electric power obtained from overhead wires while being operated within any municipality or where said vehicles do not travel more than five (5) miles beyond the city limit of any municipality.
    2. As used in KRS 186.400 to 186.640 , “vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except electric low-speed scooters, devices moved by human and animal power or used exclusively upon stationary rails or tracks, or which derives its power from overhead wires;
  7. KRS 186.020 to 186.270 apply to motor vehicle licenses. KRS 186.400 to 186.640 apply to operator’s licenses;
  8. “Dealer” means any person engaging in the business of buying or selling motor vehicles;
  9. “Commercial vehicles” means all motor vehicles that are required to be registered under the terms of KRS 186.050 , but not including vehicles primarily designed for carrying passengers and having provisions for not more than nine (9) passengers (including driver), motorcycles, sidecar attachments, pickup trucks and passenger vans which are not being used for commercial or business purposes, and motor vehicles registered under KRS 186.060 ;
  10. “Resident” means any person who has established Kentucky as his or her state of domicile. Proof of residency shall include but not be limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement. The possession by an operator of a vehicle of a valid Kentucky operator’s license shall be prima-facie evidence that the operator is a resident of Kentucky;
  11. “Special status individual” means:
    1. “Asylee” means any person lawfully present in the United States who possesses an I-94 card issued by the United States Department of Justice, Immigration and Naturalization Service, on which it states “asylum status granted indefinitely pursuant to Section 208 of the Immigration & Nationality Act”;
    2. “K-1 status” means the status of any person lawfully present in the United States who has been granted permission by the United States Department of Justice, Immigration and Naturalization Service to enter the United States for the purpose of marrying a United States citizen within ninety (90) days from the date of that entry;
    3. “Refugee” means any person lawfully present in the United States who possesses an I-94 card issued by the United States Department of Justice, Immigration and Naturalization Service, on which it states “admitted as a refugee pursuant to Section 207 of the Immigration & Nationality Act”; and
    4. “Paroled in the Public Interest” means any person lawfully present in the United States who possesses an I-94 card issued by the United States Department of Justice, Immigration and Naturalization Service, on which it states “paroled pursuant to Section 212 of the Immigration & Nationality Act for an indefinite period of time”;
  12. “Instruction permit” includes both motor vehicle instruction permits and motorcycle instruction permits;
  13. “Motorcycle” means any motor driven vehicle that has a maximum speed that exceeds fifty (50) miles per hour, has a seat or saddle for the use of the operator, and is designed to travel on not more than three (3) wheels in contact with the ground, including vehicles on which the operator and passengers ride in an enclosed cab. Only for purposes of registration, “motorcycle” shall include a motor scooter, an alternative-speed motorcycle, and an autocycle as defined in this section, but shall not include a tractor or a moped as defined in this section;
  14. “Low-speed vehicle” means a motor vehicle that:
    1. Is self-propelled using an electric motor, combustion-driven motor, or a combination thereof;
    2. Is four (4) wheeled; and
    3. Is designed to operate at a speed not to exceed twenty-five (25) miles per hour as certified by the manufacturer;
  15. “Alternative-speed motorcycle” means a motorcycle that:
    1. Is self-propelled using an electric motor;
    2. Is three (3) wheeled;
    3. Has a fully enclosed cab and includes at least one (1) door for entry;
    4. Is designed to operate at a speed not to exceed forty (40) miles per hour as certified by the manufacturer; and
    5. Is not an autocycle as defined in this section;
  16. “Multiple-vehicle driving range” means an enclosed area that is not part of a highway or otherwise open to the public on which a number of motor vehicles may be used simultaneously to provide driver training under the supervision of one (1) or more driver training instructors;
  17. “Autocycle” means any motor vehicle that:
    1. Is equipped with a seat that does not require the operator to straddle or sit astride it;
    2. Is designed to travel on three (3) wheels in contact with the ground;
    3. Is designed to operate at a speed that exceeds forty (40) miles per hour as certified by the manufacturer;
    4. Allows the operator and passenger to ride either side-by-side or in tandem in a seating area that may be enclosed with a removable or fixed top;
    5. Is equipped with a three (3) point safety belt system;
    6. May be equipped with a manufacturer-installed air bags or a roll cage;
    7. Is designed to be controlled with a steering wheel and pedals; and
    8. Is not an alternative-speed motorcycle as defined in this section;
  18. “Military surplus vehicle” means a multipurpose wheeled surplus military vehicle that:
    1. Is not operated using continuous tracks;
    2. Was originally manufactured for and sold directly to the Armed Forces of the United States; and
    3. Was originally manufactured under the federally mandated requirements set forth in 49 C.F.R. sec. 571.7;
  19. “Livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, and any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;
  20. “Identity document” means an instruction permit, operator’s license, or personal identification card issued under KRS 186.4102 , 186.412 , 186.412 1, 186.4122 , and 186.4123 or a commercial driver’s license issued under KRS Chapter 281A;
  21. “Travel ID,” as it refers to an identity document, means a document that complies with Pub. L. No. 109-13, Title II;
  22. “Motor scooter” means a low-speed motorcycle that is:
    1. Equipped with wheels greater than sixteen (16) inches in diameter;
    2. Equipped with an engine greater than fifty (50) cubic centimeters;
    3. Designed to operate at a speed not to exceed fifty (50) miles per hour;
    4. Equipped with brake horsepower of two (2) or greater; and
    5. Equipped with a step-through frame or a platform for the operator’s feet; and
  23. “Alternative technology,” as used in KRS 186.400 to 186.640 , means methods used by the cabinet to facilitate the issuance of operator’s licenses and personal identification cards outside of the normal in-person application at a cabinet office, including but not limited to a cabinet mobile unit or online services.

HISTORY: 2739g-1, 2739m-33: amend. Acts 1942, ch. 78, § 1; 1950, ch. 190, §§ 1, 2; 1956 (1st Ex. Sess.), ch. 7, Art. X, § 10; 1962, ch. 62, § 1; 1966, ch. 139, § 2; 1974, ch. 74, Art. IX, § 20(2), (7), (9); 1978, ch. 349, § 2, effective June 17, 1978; 1982, ch. 194, § 2, effective July 15, 1982; 1986, ch. 431, § 7, effective January 1, 1987; 1988, ch. 287, § 1, effective January 1, 1989; 1994, ch. 51, § 1, effective July 15, 1994; 2001, ch. 43, § 2, effective June 21, 2001; 2002, ch. 264, § 1, effective July 15, 2002; 2009, ch. 103, § 1, effective June 25, 2009; 2012, ch. 16, § 2, effective July 12, 2012; 2017 ch. 55, § 3, effective June 29, 2017; 2017 ch. 69, § 1, effective June 29, 2017; 2017 ch. 129, § 8, effective June 29, 2017; 2017 ch. 184, § 2, effective June 29, 2017; 2017 ch. 100, § 35, effective January 1, 2019; 2019 ch. 22, § 1, effective June 27, 2019; 2020 ch. 51, § 26, effective March 27, 2020.

Compiler’s Notes.

For this section as effective January 1, 2019, see the following section also numbered KRS 186.010 .

Sections 207, 208 and 212 of the Immigration and Nationality Act referenced herein are compiled at 8 USCS §§ 1157, 1158 and 1182, respectively.

Legislative Research Commission Note.

(6/29/2017). This statute was amended by 2017 Ky. Acts chs. 55, 69, 129, and 184, which do not appear to be in conflict and have been codified together.

NOTES TO DECISIONS

1.Constitutionality.

Law entitled “An Act to regulate, license and govern the use of motor vehicles,” did not violate Ky. Const., § 51, because of provisions fixing license fee and providing for disposition thereof. Smith v. Commonwealth, 175 Ky. 286 , 194 S.W. 367, 1917 Ky. LEXIS 334 ( Ky. 1917 ).

Law providing for regulation and licensing of motor vehicles and their use was not invalid on theory that, although enacted under police power, it imposed license fee exceeding cost of registration and supervision of vehicles, where primary purpose of act was to regulate motor vehicles and where proceeds of tax, which was not unreasonable one, after expenses of registration and supervision, went to upkeep of highways. Smith v. Commonwealth, 175 Ky. 286 , 194 S.W. 367, 1917 Ky. LEXIS 334 ( Ky. 1917 ) (decided under prior law).

2.Construction.

Law providing for licensing of motor vehicles and operator showed legislative intention to embrace therein all statutory law intended to be enacted pertaining to subject of regulating use of motor vehicles, licenses for operating same and collection and disbursement of license taxes from that source. Lewis v. James, 191 Ky. 769 , 231 S.W. 526, 1921 Ky. LEXIS 392 ( Ky. 1921 ).

Motor registration license acts, with their attached fees, are strictly police regulations and not revenue taxing acts. Harco Corp. v. Martin, 271 Ky. 572 , 112 S.W.2d 693, 1937 Ky. LEXIS 258 ( Ky. 1937 ).

If a motor vehicle transaction is to a licensed dealer intending the vehicle for resale, then the dealer must only comply with Ky. Rev. Stat. Ann. § 186A.220(1) to (4) in order to qualify for the exemption in Ky. Rev. Stat. Ann. § 186.010(7). Travelers Indem. Co. v. Armstrong, 565 S.W.3d 550, 2018 Ky. LEXIS 449 ( Ky. 2018 ).

3.Highways.

Notwithstanding definition of “highway” in this section and KRS 189.010 , words main traveled portion of the highway in KRS 189.450 (1) apply only to highways outside cities and not to city streets. Kimble v. Standard Oil Co., 235 Ky. 169 , 30 S.W.2d 890, 1930 Ky. LEXIS 324 ( Ky. 1930 ), limited, Evans v. Lorenz, 454 S.W.2d 691, 1969 Ky. LEXIS 10 ( Ky. 1969 ) (decision prior to amendment of KRS 189.450 ).

4.Motor Vehicles.

Airplanes not being within broad definition of “automobiles” and “motor vehicles,” there was no liability for death of insured because of wrecking of airplane under policy covering accidents from wrecking of automobiles or motor driven cars. Monroe's Adm'r v. Federal Union Life Ins. Co., 251 Ky. 570 , 65 S.W.2d 680, 1933 Ky. LEXIS 912 ( Ky. 1933 ).

Compliance with registration laws is not dispositive of ownership since the provisions of this chapter governing licensing of motor vehicles are police measures and regulatory in nature. McKenzie v. Oliver, 571 S.W.2d 102, 1978 Ky. App. LEXIS 586 (Ky. Ct. App. 1978).

Because a moped was a “motor vehicle” in accordance with common and approved usage, and because defendant did not show that the legislature intended the definition in KRS 186.010(4) to apply to KRS ch. 189A, defendant was properly found guilty of driving under the influence under KRS 189A.010(1). Adams v. Commonwealth, 275 S.W.3d 209, 2008 Ky. App. LEXIS 263 (Ky. Ct. App. 2008).

5.Vehicle.

A bicycle is a “vehicle” and a public alley a “highway” within the definitions of this section and under KRS 189.330 the driver of a bicycle about to enter an alley must yield the right-of-way to all vehicles approaching on it. Thomas v. Dahl, 293 Ky. 808 , 170 S.W.2d 337, 1943 Ky. LEXIS 706 ( Ky. 1943 ).

KRS 186.045 which requires liens to be noted on the registration only applies to “vehicles” as defined in this section, which definition does not include mobile homes. Vanover v. Bank of Alexandria, 644 S.W.2d 948, 1983 Ky. App. LEXIS 274 (Ky. Ct. App. 1983).

6.Owner.

A conditional vendee does not use an insured automobile with the consent or permission of the conditional vendor, and hence, is ordinarily not within the coverage of an omnibus clause of a liability insurance policy issued on the vehicle. Cowles v. Rogers, 762 S.W.2d 414, 1988 Ky. App. LEXIS 182 (Ky. Ct. App. 1988), overruled in part, Wheeler v. Rogers, 1992 Ky. App. LEXIS 64 (Ky. Ct. App. Mar. 27, 1992).

Where there was an oral conditional sales agreement between the parties and no evidence was adduced that upon performance of his duty to pay the balance of the purchase price, the uninsured buyer did not have a right to possess the vehicle for a period of 365 days or more, buyer was deemed to have been the owner of the vehicle for purposes of KRS 186A.215(1), therefore, buyer was not insured within the meaning of the omnibus clause in seller’s insurance policy because seller did not own the vehicle on the date of the collision. Cowles v. Rogers, 762 S.W.2d 414, 1988 Ky. App. LEXIS 182 (Ky. Ct. App. 1988), overruled in part, Wheeler v. Rogers, 1992 Ky. App. LEXIS 64 (Ky. Ct. App. Mar. 27, 1992).

The auto seller was the owner of the vehicle involved in an accident that had been bought by the purchaser days earlier. Although the purchaser had driven the vehicle off of the auto seller’s lot a few days earlier, the auto seller did not meet both requirements of transferring ownership of the vehicle without assigning a certificate of title, set forth in KRS 186A.220(5), because the auto seller did not obtain the purchaser’s consent to file the certificate of title and other documents on the purchaser’s behalf and did not verify that the purchaser had obtained insurance on the vehicle before relinquishing possession. Gainsco Cos. v. Gentry, 191 S.W.3d 633, 2006 Ky. LEXIS 68 ( Ky. 2006 ).

The definition of “owner” in KRS 186.010 is not the correct definition to apply to vehicle forfeiture under the controlled substances chapter. While KRS ch. 218A does not specifically define “owner,” KRS 218A.405(1)(b) and (5)(b) define “interest in property” and “trustee.” Defining “owner” as one who has an interest in property when title is being held by another appropriately prevents a drug dealer from titling vehicles or other property in someone else’s name in order to use the property in illegal activity and escape forfeiture. Commonwealth v. Coffey, 247 S.W.3d 908, 2008 Ky. LEXIS 65 ( Ky. 2008 ).

Under KRS 186A.215 , title to a pickup truck transferred upon the seller’s and insured’s completion of the transfer of title and odometer statement on the certificate of title and the delivery of the completed form to the insured; KRS 186A.215 (4) allowed them a 15-day grace period after completion of the paperwork to file the certificate of title with the clerk. Therefore, the insured was the “owner” of the truck as defined by KRS 186.010(7)(a) at the time of an accident, and the truck was a “covered vehicle” under his insurance policy, Franklin v. Safe Auto Ins. Co., 290 S.W.3d 69, 2009 Ky. App. LEXIS 58 (Ky. Ct. App. 2009).

Since the auction dealer was not an operator of either vehicle, the estate’s claims were properly dismissed. Savage v. Allstate Ins. Co., 2021 Ky. App. LEXIS 8 (Ky. Ct. App. Jan. 15, 2021).

7.— Liability.

Alleged conditional sales agreement for the purchase of a vehicle was invalid and used car dealer was deemed to be owner of the vehicle and responsible for insurance coverage on the vehicle when it was involved in a collision where used car dealer, in an effort to facilitate potential repossession of the vehicle, did not transfer title of the vehicle to the buyers, where dealer renewed the registration in his own name when the vehicle’s license expired and did not advise the county clerk that he had “sold” the vehicle to the buyers, and where county clerk, in reliance on dealer’s omnibus policy, did not require proof of insurance. Rogers v. Wheeler, 864 S.W.2d 892, 1993 Ky. LEXIS 132 ( Ky. 1993 ).

Where an auto dealer had not assigned the title to a car sold to purchasers until after it was involved in an accident, the dealer’s insurer’s uninsured/underinsured motorist coverage was primary; the dealer had legal title and was the owner until it complied with the title assignment provisions of KRS 186A.220(5). Kelly v. McFarland, 243 F. Supp. 2d 715, 2001 U.S. Dist. LEXIS 25018 (E.D. Ky. 2001 ).

In a case involving the repossession of a leased car, because KRS 186.010(7)(b) made the lessee of a vehicle the “owner” for insurance purposes, the lessees of the leased car were considered the owners of the leased car, and their insurance policy provided primary coverage for the accident that occurred when the car was repossessed. Std. Fire Ins. Co. v. Empire Fire & Marine Ins. Co., 234 S.W.3d 377, 2007 Ky. App. LEXIS 316 (Ky. Ct. App. 2007).

8.Conditional Sale.

This section does not contemplate or authorize a conditional sale without transfer of title. The language used in the statute is intended to distinguish those leases which in reality are sales, or at the option of the leasee can be converted into a sale from a short term lease of less than 365 days with no right of purchase. Certainly conditional sales can be appropriate, but the vendor cannot disregard other statutes which are universal and compulsory in nature. Rogers v. Wheeler, 864 S.W.2d 892, 1993 Ky. LEXIS 132 ( Ky. 1993 ).

Authorization of a short-term conditional sale without transfer of title so long as the dealer insured the vehicle directly conflicts with KRS 186A.220(5). Rogers v. Wheeler, 864 S.W.2d 892, 1993 Ky. LEXIS 132 ( Ky. 1993 ).

A conditional sales contract is one where title is retained by the seller in order to secure payment by the purchaser. Once payment has been made in full, then the title is to be transferred to the purchaser pursuant to the terms of the agreement. Potts v. Draper, 864 S.W.2d 896, 1993 Ky. LEXIS 117 ( Ky. 1993 ).

Transaction was not a conditional sale since used car dealer was not holding title to the van until full performance of the contract terms by the buyers where dealer transferred title to buyers one week after accident occurred even though they never finished paying for the van; therefore, where title had been assigned to used car dealer and the transaction between used car dealer and buyer was not a conditional sale, and where insurer insured all motor vehicles owned by used car dealer, van was insured by used car dealer’s insurer on the day of the collision. Potts v. Draper, 864 S.W.2d 896, 1993 Ky. LEXIS 117 ( Ky. 1993 ).

Under the Uniform Commercial Code, KRS 355.1-203 , an agreement between a trust and a debtor constituted a security interest rather than an unexpired lease, as the rental payments over the term of the agreement reflected a purchase price of the vehicles with interest; nor was the agreement an executory contract as defined by 11 U.S.C.S. 365, as the debtor had no continuing obligations under the agreement other than payment. Further, under the Motor Vehicle Registration Act, KRS 186.010(7)(b), a conditional lessee, such as the debtor, could be considered the owner for the purposes of registering the vehicle, which the undisputed evidence showed was done, rendering the trust’s reliance on KRS 186A.215 inapplicable. Magdovitz Family Trust v. KY USA Energy, Inc. (In re KY USA Energy, Inc.), 449 B.R. 745, 2011 Bankr. LEXIS 1993 (Bankr. W.D. Ky. 2011 ).

9.Certificate of Title.

Kentucky is a certificate of title state in which the titling statutes control ownership of a motor vehicle for liability insurance purposes in the absence of a valid conditional sale. Potts v. Draper, 864 S.W.2d 896, 1993 Ky. LEXIS 117 ( Ky. 1993 ).

KRS 186A.220(5) permits the customary practice of dealers in Kentucky of taking the applicable documents to the clerk’s office on behalf of the buyer, and so long as the seller and buyer complete the necessary paperwork at the time of the sale and then one of the parties promptly submits papers to the county clerk, title passes at the time of the sale for liability insurance purposes; thus, auto dealer following customary practice was relieved of all of its duties, including the responsibility to provide liability insurance prior to date of buyer’s accident. Stigall v. Fourth St. Auto Co., 922 S.W.2d 752, 1996 Ky. App. LEXIS 97 (Ky. Ct. App. 1996).

Where debtor purchased a pickup truck from a dealer but the dealer refused to deliver certificate of title after debtor filed Chapter 7 petition, plain language of Kentucky's registration and titling system provided that debtor was rightful owner of truck on petition date. Palmer v. Paul Miller Ford, Inc. (In re Lainhart), 566 B.R. 464, 2017 Bankr. LEXIS 292 (Bankr. E.D. Ky. 2017 ).

10.Public Highway.

Word “any” preceding public highway indicated in law providing for regulation and licensing of motor vehicles and their use, any kind of public highway lawfully dedicated to public use, whether it was a state road, county road, street or alley. Forgy v. Rutledge, 167 Ky. 182 , 180 S.W. 90, 1915 Ky. LEXIS 826 ( Ky. 1915 ) (decided under prior law).

Cited:

Washington Nat’l Ins. Co. v. Burke, 258 S.W.2d 709, 1953 Ky. LEXIS 878 , 38 A.L.R.2d 861 ( Ky. 1953 ); Kentucky Farm Bureau Mut. Ins. Co. v. Vanover, 506 S.W.2d 517, 1974 Ky. LEXIS 758 ( Ky. 1974 ); Department of Revenue ex rel. Carpenter v. Pullman, Inc. (Trailmobile Div.), 560 S.W.2d 18, 1977 Ky. App. LEXIS 875 (Ky. Ct. App. 1977); American Interinsurance Exchange v. Norton, 631 S.W.2d 851, 1982 Ky. App. LEXIS 207 (Ky. Ct. App. 1982); Nantz v. Lexington Lincoln Mercury Subaru, 947 S.W.2d 36, 1997 Ky. LEXIS 71 ( Ky. 1997 ); In re Skeans, — B.R. —, 2003 Bankr. LEXIS 693 (Bankr. E.D. Ky. 2003 ); Revenue Cabinet v. O’Daniel, 153 S.W.3d 815, 2005 Ky. LEXIS 19 ( Ky. 2005 ); Best v. West Am. Ins. Co., 270 S.W.3d 398, 2008 Ky. App. LEXIS 300 (Ky. Ct. App. 2008).

Opinions of Attorney General.

To determine whether a bank or finance company is a “dealer” needing a license and a dealer’s registration tag in disposing of automobiles on which there is a deficiency, the definition in KRS 139.110(1)(c) is used. OAG 62.954.

A peace officer has authority to stop the operator of a motor bike for the purpose of determining whether or not the operator has the required license where it appears the operator is under the age of 16. OAG 65-354 .

The operation of a motorcycle by a person under 16 along the shoulder of a highway in Kentucky is prohibited and constitutes the offense of operation of a motor vehicle without a permit. OAG 69-356 .

A minibike is a motor vehicle within the definition of this section. OAG 70-416 .

A section of a public park, not paved or laid out, in lanes and leading nowhere, designed for use by minibikes only but open to anyone with a minibike, would be a “highway,” requiring the operator to have an operator’s license. OAG 71-272 .

To use a minibike trail set up in a public park and constituting a “highway,” an operator’s license would be required even if the area were open only to members of a club. OAG 71-272 .

An enclosed pedal powered tricycle is not a motor vehicle within the current definition and neither the motor vehicle registration statutes nor the motor vehicle usage tax statutes are applicable to this tricycle. OAG 74-244 .

The “El Camino” and “Sprint” are pick-up trucks and should be registered as trucks. OAG 74-302 .

A motorcycle, trailbike or minibike is a motor vehicle as defined by the provisions of subsections (4) and (7) (now (8)) of this section and a person operating such a vehicle upon a street is required to have an operator’s license. OAG 74-796 .

While OAG 75-113 advised that it would be reasonable for the county clerk to refuse to transfer title to a vehicle titled in the names of “John and/or Mary Jones” unless both parties signed the authorization to transfer, it is equally reasonable for the clerk to act upon only one signature and where an automobile is owned by a father and his son, the son being in the military and unable to sign the authorization, and the clerk refuses to transfer the title upon the father’s signature only, the father’s proper course of action is either to obtain a power of attorney from the son or to institute legal action to determine the father’s right to transfer the title based upon his signature alone. OAG 75-448 .

Where the bill of sale of an automobile reads “John Doe and Mary Doe,” if both original owners are alive then both owners should sign the bill of transfer. OAG 76-371 .

Where the bill of sale of an automobile reads “John Doe or Mary Doe,” if John and Mary wish to sell either signature is sufficient; however, if John dies, then Mary takes the entire title by survivorship and if she wants to sell the car, her signature alone on the bill of sale is sufficient as a survivor with full title. OAG 76-371 .

Where the bill of sale for an automobile reads “John Doe and Mary Doe,” the owners are joint owners of an undivided one-half interest and if one spouse dies then the bill of sale of a subsequent transfer would require the signature of the living spouse and the owner of the other undivided one-half interest by heirship or by will and such latter interest should be supported by a proper county court order, affidavit of descent or will. OAG 76-371 .

Where the bill of sale of an automobile reads “John and Mary Doe” and John dies and a dispense order under KRS 395.455 is issued, and Mary does not wish to sell the car, Mary would not have to sign a bill of sale for her undivided one-half interest and the buyer would have to look to the court order issued under KRS 395.455 for the proper signatory in connection with the other undivided one-half interest, assuming that the estate owner is someone other than Mary. OAG 76-371 .

Where the bill of sale of an automobile reads “John and/or Mary Doe” the clerk has the option of deciding that “and/or” means “and” or “or” depending on the circumstances of each case and as bearing on the intent of the parties. OAG 76-372 .

A snowmobile is not a motor vehicle under the definition found in subsections (4), (7a) (now (8)(a)) and 7(b) (now (8)(b)) of this section, nor is it a motorcycle as defined by KRS 189.285(4). OAG 79-85 .

A golf cart is neither a motor vehicle as defined in this section nor a motorcycle as defined in KRS 189.285 ; a golf cart is an off-road vehicle which is covered by the provisions of KRS 189.860 , and therefor, a golf cart cannot be licensed to operate on a public highway or the shoulder of a highway. OAG 80-251 .

Because the definition of “vehicles” in this section specifically excludes farm tractors, they need not be licensed in order to be driven on Kentucky’s public highways. OAG 82-213 .

A moped cannot be licensed, and the maximum speed limit for mopeds is 30 miles per hour. OAG 84-176 .

Research References and Practice Aids

Kentucky Law Journal.

Lee, An Analysis of Kentucky’s New Exemption Law, B Property Exempt, 5 Motor Vehicles, 55 Ky. L.J. 618 (1967).

Note, Kentucky No-Fault: An Analysis and Interpretation, 65 Ky. L.J. 466 (1976-77).

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.014. Branch offices for issuance of licenses.

In any county, the county clerk and the circuit clerk may maintain branch offices in each legislative district for the purpose of issuing motor vehicle registration plates and drivers’ licenses. These offices may be located in volunteer fire department stations or in other buildings used for a public purpose.

History. Enact. Acts 1970, ch. 55, § 2.

Opinions of Attorney General.

Since the legislature intended that legislative district should mean state representative district, this section permits the county clerk of Knott County to establish one branch office in the county for the purpose of issuing license plates during the vehicle license period, but would not empower him to take license plates into each voting precinct for that purpose. The one branch office could be located at the voting place in a precinct provided that the voting place is a building used for a public purpose. OAG 73-435 .

Except in the case of counties of less than 150,000 population containing a city of the second class, this section is the only authority under which a county court clerk may establish a branch office outside of the county seat. OAG 73-545 .

A branch office for the issuance of drivers’ licenses may not be located in a shopping center unless it is located in a building used for a public purpose as required by this section. OAG 75-346 .

The intent of this section was to provide that the county clerk or the circuit clerk may maintain two or more branch offices, as needed in each state representative district in the county, since the conjunctive word “and” may be construed in the disjunctive when necessary to effectuate the obvious intention of the legislature. OAG 82-43 (modifying OAG 73-435 ).

Population density and convenience to motor vehicle owners in licensing motor vehicles were at the forefront of legislative intent in enacting this section; accordingly, the county clerk, depending upon the need for same under the above contextual criteria, may maintain two or more branch offices in each legislative district. OAG 82-43 (modifying OAG 73-435 ).

This section narrowly relates to only the issuance of motor vehicle license plates, as concerns the county clerk, while subsection (1) of KRS 67.035 is designed to accommodate any other function of the county clerk in the county; accordingly, assuming that Pike County has a land area of more than 750 square miles, the fiscal court of Pike County may authorize the county clerk to maintain a branch office in any incorporated (other than in Pikeville) or unincorporated city of Pike County but only on a reasonable showing of the necessity for such branches. OAG 82-43 .

186.015. License plates and operators’ licenses for residents of Fort Knox. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1944, ch. 26, § 3) was repealed by Acts 1966, ch. 255, § 283.

186.016. Cabinet may prescribe methods of record keeping.

Notwithstanding the provisions of this chapter, the cabinet may by regulation prescribe methods of record keeping and reporting by the county clerk to the cabinet.

History. Enact. Acts 1976, ch. 133, § 19; 1978, ch. 384, § 329, effective June 17, 1978.

186.018. Driving history records of operators — Fees.

  1. For purposes of maintaining driving history records of operators of motor vehicles of the Commonwealth, the files of the Transportation Cabinet shall be used to ascertain the driving history record of each person who is licensed to operate a motor vehicle within the Commonwealth. Except as provided in subsection (2) of this section, the Transportation Cabinet shall destroy, and shall not maintain, records of moving traffic convictions that are more than five (5) years old. Notwithstanding, for any licensee who now holds, who has applied for, or has ever held a Class A, B, or C license issued pursuant to KRS 281A.170 , the cabinet shall keep conviction records indefinitely.
  2. The Transportation Cabinet shall not release information on the driving history record of a person under the age of twenty-one (21) whose operator license has been suspended pursuant to KRS 189A.010(6). The cabinet shall destroy, and shall not maintain, the record of the suspension of a person’s operator’s license if the license was suspended pursuant to KRS 189A.010(6), within five (5) working days of the person’s operator’s license being reinstated. This subsection shall not apply to a person who holds, or is required to hold, a commercial driver’s license.
  3. The cabinet shall charge a fee of three dollars ($3) for any driving history record, ten cents ($0.10) of which shall be deposited in a special account within the road fund to be used exclusively by the Transportation Cabinet for the state driver education program as designated in KRS 186.535 .

History. Enact. Acts 1978, ch. 434, § 3, effective June 17, 1978; 1990, ch. 455, § 28, effective July 13, 1990; 1992, ch. 274, § 9, effective April 7, 1992; 1996, ch. 198, § 11, effective October 1, 1996; 2000, ch. 467, § 20, effective October 1, 2000; 2005, ch. 165, § 2, effective June 20, 2005.

NOTES TO DECISIONS

1.Use as Evidence.

While subsection (1) of former KRS 422.020 and CR 44.01 permit the use of properly certified copies of public records to serve as prima facie evidence of their contents, the information appearing in the Transportation Cabinet’s records was wholly inadequate to prove the defendants’ prior convictions for driving under the influence for enhancement purposes under KRS 189A.010 . Ratliff v. Commonwealth, 719 S.W.2d 445, 1986 Ky. App. LEXIS 1203 (Ky. Ct. App. 1986), limited, Osborne v. Commonwealth, 867 S.W.2d 484, 1993 Ky. App. LEXIS 151 (Ky. Ct. App. 1993), overruled, Commonwealth v. Ramsey, 920 S.W.2d 526, 1996 Ky. LEXIS 38 ( Ky. 1996 ).

A certified copy of the “Driving History Record” maintained by the Transportation Cabinet, Division of Driver Licensing, may not be utilized as evidence of prior convictions for driving under the influence of alcohol at trial of a subsequent D.U.I. offense. Commonwealth v. Willis, 719 S.W.2d 440, 1986 Ky. LEXIS 327 ( Ky. 1986 ), overruled, Commonwealth v. Duncan, 939 S.W.2d 336, 1997 Ky. LEXIS 30 ( Ky. 1997 ).

Opinions of Attorney General.

Acts 1978, chapter 434 as enrolled (without house amendment number 6) and signed by the presiding officers of both houses and which became law without the governor’s signature represents the law on the question as enacted at the 1978 general assembly. OAG 78-283 .

One may review the driving records of specific individuals where these records go beyond three years but less than the five-year time limit expressed by the General Assembly; however, this review excludes records of violations prohibited by KRS 187.310 . OAG 89-78 .

Motor Vehicle Licenses

186.020. Registration requirement — Application for registration — Application and other documents to be sent to Transportation Cabinet — Renewal by mail — Extension of renewal period for military personnel stationed outside United States.

  1. Before the owner of a motor vehicle, other than a motor vehicle engaged in the transportation of passengers for hire operating under a certificate of convenience and necessity, may operate it or permit its operation upon a highway, the owner shall apply for registration in accordance with administrative regulations promulgated by the cabinet, except that a person who purchases a motor vehicle, or brings a motor vehicle into the Commonwealth from another state shall make application for registration within fifteen (15) days. The bill of sale or assigned title must be in the motor vehicle during this fifteen (15) day period. If the owner of a motor vehicle is an individual and resides in the Commonwealth, the motor vehicle shall be registered with the county clerk of the county in which he resides. If the owner of a motor vehicle does not reside in the Commonwealth, the motor vehicle shall be registered with the county clerk of the county in which the motor vehicle is principally operated. If the owner of a motor vehicle is other than an individual and resides in the Commonwealth, the motor vehicle shall be registered with the county clerk of either county. The application when presented to the county clerk for registration shall be accompanied by:
    1. A bill of sale and a manufacturer’s certificate of origin if the application is for the registration of a new motor vehicle;
    2. The owner’s registration receipt, if the motor vehicle was last registered in this state;
    3. A bill of sale and the previous registration receipt, if last registered in another state where the law of that state does not require the owner of a motor vehicle to obtain a certificate of title or ownership;
    4. A certificate of title, if last registered in another state where the law of that state requires the owner of a motor vehicle to obtain a certificate of title or ownership;
    5. An affidavit from an officer of a local government saying that the motor vehicle has been abandoned and that the provisions of KRS 82.630 have been complied with, for local governments which elect to use the provisions of KRS 82.600 to 82.640 ; and
    6. The application from a person who has brought a motor vehicle into the Commonwealth from another state shall be accompanied by proof that the motor vehicle is insured in compliance with KRS 304.39-080 .
  2. After that, except as provided in subsection (6) of this section, the owner of any motor vehicle registered under KRS 186.050(1) or (2) shall register his motor vehicle on or before the date on which his certificate of registration expires. If, before operating the motor vehicle in this state, the owner registers it at some later date and pays the fee for the full year, he or she will be deemed to have complied with the law. Insofar as the owner is concerned, registration with the clerk shall be deemed to be registration with the cabinet.
  3. After that, the owner of any commercial vehicle registered under KRS 186.050(3) to (14) shall register the commercial vehicle on or before April 1 of each year. If, before operating a commercial vehicle in this state, the owner registers it at some later date and pays the required fee, he or she will be deemed to have complied with the law. Insofar as the owner is concerned, registration with the clerk shall be deemed to be registration with the cabinet, except the owner of any commercial motor vehicle to be registered pursuant to the International Registration Plan under KRS 186.050(13) shall register the commercial motor vehicles on or before the last day of the month of registration established pursuant to KRS 186.051(3).
  4. The application and documents presented therewith, including the sheriff’s certificate of inspection, shall be affixed to the Transportation Cabinet copy of the certificate of title or registration and sent to the Transportation Cabinet by the clerk.
  5. At least forty-five (45) days prior to the expiration of registration of any motor vehicle previously registered in the Commonwealth as provided by KRS 186A.035 , the owner of the vehicle shall be notified by mail on the same notice required by KRS 134.805(5) of the date of expiration. In addition, the department shall provide appropriate forms and information to permit renewal of motor vehicle registration to be completed by mail. Any registration renewal by mail shall require payment of an additional two dollar ($2) fee which shall be received by the county clerk. Nonreceipt of the notice herein shall not constitute a defense to any registration related offense.
    1. If an individual has been serving in the United States military stationed or assigned to a base or other location outside the boundaries of the United States, he or she shall renew the registration on the vehicle within thirty (30) days of his or her return if: (6) (a) If an individual has been serving in the United States military stationed or assigned to a base or other location outside the boundaries of the United States, he or she shall renew the registration on the vehicle within thirty (30) days of his or her return if:
      1. The motor vehicle has been stored on a military base during the time of deployment and has not been operated on the public highways during that time; and
      2. The vehicle’s registration expired during the individual’s absence.
    2. An individual who meets the criteria in paragraph (a) of this subsection shall not be convicted or cited for driving a vehicle with expired registration within thirty (30) days after the individual’s return to the Commonwealth if the individual can provide proof of meeting the eligibility criteria under paragraph (a) of this subsection.
    3. When an individual presents evidence of meeting the criteria under paragraph (a) of this subsection when applying to renew the registration on the motor vehicle, the county clerk shall, when applicable, treat the registration as a prorated renewal under KRS 186.051 , and charge the individual a registration fee only for the number of months of the registration year the vehicle will be used on the public highways.

History. 2739g-2a, 2739g-9: amend. Acts 1946, ch. 208, § 1; 1954, ch. 153, § 1; 1958, ch. 82, § 1; 1966, ch. 139, § 3; 1974, ch. 74, Art. IV, § 20(2); 1976, ch. 133, § 4; 1978, ch. 239, § 2, effective June 17, 1978; 1980, ch. 296, § 1, effective July 15, 1980; 1982, ch. 203, § 2, effective July 15, 1982; 1984, ch. 416, § 9, effective July 13, 1984; 1986, ch. 363, § 1, effective July 15, 1986; 1986, ch. 431, § 9, effective July 15, 1986; 1994, ch. 428, § 2, effective July 15, 1994; 1996, ch. 97, § 2, effective July 15, 1996; 1996, ch. 341, § 4, effective July 15, 1996; 1998, ch. 153, § 1, effective July 15, 1998; 1998, ch. 565, § 1, effective July 15, 1998; 2006, ch. 252, Pt. XXVIII, § 14, effective April 25, 2006; 2009, ch. 10, § 65, effective January 1, 2010.

NOTES TO DECISIONS

Analysis

1.Application.

This section does not apply to common carrier of passengers by motorbus. Furste v. Dixie Traction Co., 286 Ky. 336 , 150 S.W.2d 913, 1941 Ky. LEXIS 265 ( Ky. 1941 ).

2.Registration.

Where amendment to law providing for registration of vehicles changed time of registration from “on or before the first day of January of each and every year” to “on or before the first day of March of each and every year” law did not change the registration year so as to make it begin on March 1 instead of January 1, but merely gave automobile owners a two-month grace period during which they might continue to operate an automobile registered for the previous year. Martin v. Louisville Motors, 276 Ky. 696 , 125 S.W.2d 241, 1939 Ky. LEXIS 584 ( Ky. 1939 ).

3.— Compliance.

Although this section respecting registration and transfer of motor vehicles did not expressly provide that sale by method different from that prescribed was void, it made sale without compliance a misdemeanor with penalty, and required compliance for registration. Boden v. Harter, 240 Ky. 138 , 41 S.W.2d 920, 1931 Ky. LEXIS 354 ( Ky. 1931 ).

4.— Noncompliance.

Noncompliance with statute regulating registration and sale of automobiles did not invalidate sale, statute being police measure, regulatory in character, and neither compliance nor noncompliance being conclusive as to ownership of car. Moore v. Wilson, 230 Ky. 49 , 18 S.W.2d 873, 1929 Ky. LEXIS 15 ( Ky. 1929 ).

5.— Evidence of Ownership.

Registration and transfer records in county clerk’s office made jury question as to ownership of attached automobile, but were not conclusive. Crook v. Blackburn, 254 Ky. 405 , 71 S.W.2d 986, 1932 Ky. LEXIS 17 ( Ky. 1932 ).

This section being a police measure, neither compliance nor noncompliance therewith is conclusive as to ownership; and one claiming ownership may show, except as against innocent third persons, that his seller was true owner although not holding under statutorily prescribed bill of sale. Higginbotham v. Higginbotham's Trustee in Bankruptcy, 253 Ky. 218 , 69 S.W.2d 329, 1934 Ky. LEXIS 632 ( Ky. 1934 ).

The fact that a truck was licensed in partnership’s name raises a presumption that it was owned by partnership. Vansant v. Holbrook's Adm'r, 285 Ky. 88 , 146 S.W.2d 337, 1940 Ky. LEXIS 595 ( Ky. 1940 ).

The mere fact that a vehicle is registered in the name of another is immaterial as to responsibility for damages since the statute providing for such regulation is a regulatory police measure and compliance or noncompliance with this section is not conclusive of ownership. Beardsley v. Broach, 310 S.W.2d 539, 1958 Ky. LEXIS 396 ( Ky. 1958 ).

The registration of an automobile is prima facie but not conclusive evidence of title in the party in whose name the car is registered and the same may be said in regard to the licensing of the car for operation on the public ways. Siler v. Williford, 350 S.W.2d 704, 1961 Ky. LEXIS 129 ( Ky. 1961 ).

Where a wife was injured while riding in a car driven by her husband, the bill of sale for the car was made to the wife, the conditional sales contract for the car was made by her, and the car was licensed in her name, the statements of the husband and wife that the car was owned by their son were not sufficient to overcome the presumption raised by the documents that she owned it. Siler v. Williford, 350 S.W.2d 704, 1961 Ky. LEXIS 129 ( Ky. 1961 ).

Compliance or noncompliance with the provisions of this section is not conclusive as to the ownership of a car. Government Employees Ins. Co. v. Thomas, 357 S.W.2d 548, 1961 Ky. LEXIS 25 ( Ky. 1961 ).

Where evidence did not show defendant was owner of the vehicle in question and ownership is a necessary element as to this section and KRS 186.170 then evidence did not sustain the charges of improper registration and plates. Toppass v. Commonwealth, 799 S.W.2d 587, 1990 Ky. App. LEXIS 133 (Ky. Ct. App. 1990).

6.Bill of Sale.

In action upon notary’s bond, it was jury question whether his certification on bill of sale which owner had signed and delivered to sales agent, but had not acknowledged, was proximate cause of loss of automobile, when agent wrongfully obtained notary’s certification, procured transfer of automobile to himself and sold it to bona fide purchaser. Boden v. Harter, 240 Ky. 138 , 41 S.W.2d 920, 1931 Ky. LEXIS 354 ( Ky. 1931 ).

Notary’s deliberate and wrongful act in placing his certification upon bill of sale signed by owner and given to his sales agent but not sworn to, thus enabling agent to transfer automobile to his own name, sell it to bona fide purchaser, and convert proceeds, was violation of notary’s official duty and of his bond, for which he was liable. American Surety Co. v. Boden, 243 Ky. 805 , 50 S.W.2d 10, 1932 Ky. LEXIS 202 ( Ky. 1932 ).

7.Liability for Nonregistration.

Although owner of passenger motor truck operated for hire failed to register his machine and employed an unlicensed chauffeur, his failure to comply with statute would not bar recovery for injuries in rear-end collision, caused by defendant’s negligence, and not contributed to by plaintiff’s failure to meet statute. Moore v. Hart, 171 Ky. 725 , 188 S.W. 861, 1916 Ky. LEXIS 432 ( Ky. 1916 ) (decided under prior law).

Insurer was not liable under automobile policy against loss by fire, excluding liability while automobile was being operated by person prohibited by law from driving or while being driven contrary to law, if, at time of fire, driver was unlicensed, automobile had not been registered, and registration plates had not been issued to insured. Standard Auto Ins. Ass'n v. Neal, 199 Ky. 699 , 251 S.W. 966, 1923 Ky. LEXIS 916 ( Ky. 1923 ).

Failure to register truck by one who had paid for it but was not sure of having received bill of sale pursuant to KRS 186.200 did not preclude recovery for injuries received in operating it. Pickering v. Simpkins, 271 Ky. 288 , 111 S.W.2d 650, 1937 Ky. LEXIS 223 ( Ky. 1937 ).

Vendee must register himself as owner. Otherwise subsequent mortgagee of vendor without notice is not affected. National Fire Ins. Co. v. Collinsworth, 288 Ky. 398 , 156 S.W.2d 157, 1941 Ky. LEXIS 102 ( Ky. 1941 ).

Cited:

Green v. Moore, 281 Ky. 305 , 135 S.W.2d 682, 1939 Ky. LEXIS 33 ( Ky. 1939 ); Department of Revenue ex rel. Scent v. Williams, 351 S.W.2d 875, 1961 Ky. LEXIS 186 ( Ky. 1961 ).

Notes to Unpublished Decisions

1.Registration.
2.— Noncompliance.

Unpublished decision: District court properly declined to dismiss based on qualified immunity a driver’s 42 U.S.C.S. § 1983 claims against police officers in their individual capacities. Based on the driver’s allegations of racial profiling and disparate treatment during a traffic stop, the driver sufficiently plead a claim that the officers denied him equal protection of the laws; the district court’s finding that the officers had probable cause to stop the driver and issue him a citation for improper vehicle registration, KRS 186.020 , did not defeat the driver’s equal protection claim under the Fourteenth Amendment, as it did the illegal search and seizure claim under the Fourth Amendment. High v. Fuchs, 74 Fed. Appx. 499, 2003 U.S. App. LEXIS 17933 (6th Cir. Ky. 2003 ).

Opinions of Attorney General.

No officer, agent or employe of the Commonwealth has authority to confiscate license plates issued by another state to a person who drives a car bearing those plates into Kentucky regardless of the fact that the person’s driver’s license was revoked by the Commonwealth of Kentucky. OAG 60-1055 .

If the registrant is a bona fide resident of the county wherein the vehicle is registered, the registration is valid for that year even though the registrant should become a resident of another county during that year. OAG 61-219 .

In an action brought against a person believed to be in violation of this section or KRS 186.210 , the burden of proof would be on the prosecuting attorney to show that the registrant was not a bona fide resident of the county of registration. OAG 61-219 .

Registrations are valid where a vendee purchases a vehicle from an individual vendor or dealer-vendor who registered the vehicle in a county other than the county of residence of the purchaser. OAG 61-219 .

Should the registrant be a bona fide resident of the county wherein the vehicle is registered at the time of registration, the registration of that vehicle is valid for that year of registration should the registrant become a resident of another county during that year. OAG 61-220 .

Should a resident of one county purchase a vehicle after January 1, wherein the purchased vehicle has already been registered in another county for that year by the individual vendor or dealer-vendor, the purchaser need not reregister the vehicle in his own county for that year. OAG 61-220 .

If a city has adopted the county assessments and due date, a receipt must be presented to the county clerk for the payment of city taxes due on a motor vehicle before such vehicle can be registered and licensed. OAG 61-827 .

The county clerk is required to keep the manufacturer’s certificate of origin and the previous registration certificate and cannot return them to the owner. OAG 63-955 .

The motor vehicle usage tax was due on the transfer of a car from father to son upon the son’s reaching the age of 21. OAG 68-326 .

A Kentucky resident could not borrow and operate for a period greater than five days a motor vehicle owned and licensed by a resident of Missouri if the Kentucky resident intended to remain in the state of Kentucky. OAG 73-678 .

There is presently no statutory or constitutional authority for the county clerk to impose the condition of showing a tax receipt before a registration is effected, as the registration provisions contain no such condition of tax prepayment and receipt. OAG 74-3 .

Where a sheriff sells an automobile under an execution, and the registration receipt is not available, the sheriff should give the purchaser a bill of sale indicating the authority by which he is conveying the vehicle and the clerk shall register the vehicle without requiring the surrender of the registration receipt. OAG 74-727 .

The “owner” of a motor vehicle is simply one holding legal title and the county clerk, in administering the transfer statute, is in a ministerial role and is not required to pass “judicially” on the title question and the bill of sale designation of owners as “John and/or Mary Jones” raises the presumption of joint holding of title and the clerk would be acting reasonably in requiring both signatures on a bill of sale in order to transfer the car under the circumstances. OAG 75-113 .

A motor vehicle purchased in another state or brought from another state into Kentucky may be operated in Kentucky for a five-day period without being registered either in the other state or in Kentucky. OAG 75-282 .

This section and 186.061 , when read together, make it mandatory for a volunteer fire protection district to register all of its motor vehicles, including fire trucks, owned exclusively by such district, and which are to operate on the public roads in Kentucky. OAG 76-454 .

An automobile dealer would violate this section by placing the wrong address of the purchaser on the bill of sale which would lead to registration and licensing that was false. OAG 76-653 .

Where a county court clerk is presented with a statement of origin to a motor vehicle or trailer properly assigned and with a lien in favor of some financial institution typed on the statement of origin but no security agreement is presented, if the application for registration is made as provided in this section and is accompanied by the applicable document or documents required by subsection (1) of this section the clerk is required to register the motor vehicle regardless of whether or not a security agreement is presented, for the proper filing of a security agreement under KRS 186.050 is a matter independent of the basic matter of registration of the motor vehicle. OAG 77-220 .

The proper filing of a security agreement under this section is a matter independent of the basic matter of registration of a motor vehicle under this section. OAG 77-220 .

Where a car was purchased from a private owner on December 31, 1977, but where the buyer did not take the registration certificate to the county clerk until January 7, 1978, only one transfer fee would be required to be paid. OAG 78-91 .

Because the definition of “vehicles” in KRS 186.010 specifically excludes farm tractors, they need not be licensed in order to be driven on Kentucky’s public highways. OAG 82-213 .

A motor vehicle may be legally sold to a minor of at least 16 years of age, as relates to the county clerk’s effecting a transfer and registration; thus where the vehicle owner of title is 17 years of age, there is no prohibition against the clerk’s transferring (if applicable) and registering such vehicle in the minor’s name. OAG 83-376 .

Research References and Practice Aids

Cross-References.

“Cabinet” defined, KRS 186.010(1).

Motor vehicle not to be registered unless equipped with:

Safety glass, KRS 189.120 .

Seat belt anchors, KRS 189.125 .

Motor vehicle use tax, KRS 138.450 to 138.470 .

Kentucky Law Journal.

Garrison and Martin, History of Kentucky Commercial Motor Vehicle Transportation Tax Legislation, I, 33 Ky. L.J. 3 (1944).

Garrison and Martin, History of Kentucky Commercial Motor Vehicle Transportation Tax Legislation, II, 33 Ky. L.J. 3 (1944).

Coldiron, Statutory Interpretation — Department of Revenue v. McIlwain, 35 Ky. L.J. 352 (1947).

Kripke, Kentucky Modernizes the Law of Chattel Security, 48 Ky. L.J. 396 (1960).

Whiteside, Lewis, Kentucky’s Commercial Code — Some Initial Problems in Security, the Lincoln Bank Case, 50 Ky. L.J. 61 (1961).

Whiteside, Amending the Uniform Commercial Code, Introduction; Updating the Code, 51 Ky. L.J. 3 (1962).

Fitzgerald, Special Comment — The Crazy Quilt of Commercial Law: A Study in Legislative Patchwork, the Nature of the Latest Patch, 54 Ky. L.J. 85 (1965).

Note, Kentucky No-Fault: An Analysis and Interpretation, 65 Ky. L.J. 466 (1976-77).

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.021. Issuance of replacement plate, decal, registration certificate, or renewal for motor vehicle on which ad valorem taxes are delinquent or which is uninsured — Option of purchaser to pay delinquent taxes.

  1. Except as provided in subsection (2) of this section, a county clerk shall not issue a replacement plate, decal, or registration certificate as provided in KRS 186.180 , or a registration for renewal to any person who on January 1 of any year owned a motor vehicle on which state, county, city, urban-county government, school, or special taxing district ad valorem taxes are delinquent.
  2. Pursuant to KRS 134.810(4), the owner as defined in KRS 186.010(7)(a) and (c) on January 1 of any year shall be liable for taxes due on a motor vehicle. A person other than the owner of record who applies to a county clerk to transfer the registration of a motor vehicle may pay any delinquent ad valorem taxes due on the motor vehicle to facilitate the county clerk’s transferring registration of the motor vehicle. The person applying shall not be required to pay delinquent ad valorem taxes due on any other motor vehicle owned by the owner of record from which he is purchasing his motor vehicle as a condition of registration.
  3. A county clerk shall not issue a replacement plate, decal, or registration certificate as provided in KRS 186.180 , or a registration renewal for any motor vehicle that is not insured in compliance with KRS 304.39-080 . Each applicant for registration renewal shall present proof of compliance to the county clerk in a manner prescribed in administrative regulations issued by the Department of Insurance. On and after January 1, 2006, if the motor vehicle is a personal motor vehicle as defined in KRS 304.39-087 , proof of insurance shall be determined by the county clerk as provided in KRS 186A.042 .

History. Enact. Acts 1982, ch. 264, § 14, effective January 1, 1984; 1984, ch. 54, § 8, effective January 1, 1985; 1984, ch. 129, § 1, effective January 1, 1985; 1984, ch. 391, § 7, effective January 1, 1985; 1988, ch. 113, § 7, effective December 31, 1988; 1994, ch. 20, § 1, effective July 15, 1994; 2002, ch. 316, § 1, effective July 15, 2002; 2004, ch. 130, § 6, effective July 13, 2004; 2010, ch. 24, § 233, effective July 15, 2010.

Legislative Research Commission Note.

(7/15/2002). The amendments made to subsection (2) of this statute in 2002 Ky. Acts ch. 316, sec. 1, “shall apply for tax assessments made on or after January 1, 2003.” 2002 Ky. Acts ch. 316, sec. 5.

NOTES TO DECISIONS

1.Constitutionality.

The motorist’s right to equal protection of the laws secured by the Fourteenth Amendment to the United States Constitution was not violated because subsection (2) of this section requires each applicant for renewal of this commonwealth’s motor vehicle registration to present proof of tort liability insurance coverage in the amount prescribed by KRS 304.35-110 (now repealed), whereas those registering a motor vehicle for the first time are not required to present such proof. Commonwealth v. Fulkerson, 761 S.W.2d 631, 1988 Ky. App. LEXIS 161 (Ky. Ct. App. 1988).

2.Applicability.

Where the versions of KRS 134.810(4) and 186.021(2) in effect at the timestated that the owner of record of a motor vehicle on January 1 of any year was liable for ad valorem taxes on the vehicle, owners who purchased their vehicles near the end of a calendar year but took advantage of a statutory grace period to delay registering the vehicles until after January 1 of the following year were not liable for the taxes for such year since they did not become owners of record until the vehicles were registered. Revenue Cabinet v. O'Daniel, 153 S.W.3d 815, 2005 Ky. LEXIS 19 ( Ky. 2005 ).

186.023. Title and registration cancelled upon notice of transfer from another jurisdiction.

The Transportation Cabinet shall cancel the registration and title of any motor vehicle registered or titled in Kentucky within thirty (30) days following receipt of notification from another jurisdiction that the Kentucky title issued for such motor vehicle has been surrendered.

History. Enact. Acts 1988, ch. 113, § 6, effective December 31, 1988.

186.025. Cabinet to furnish list of owners of registered vehicles to Department of Revenue.

Effective January 1, 1981, the Transportation Cabinet shall, by April 1 of each year, provide the Department of Revenue with a listing of all owners of motor vehicles registered in Kentucky on an anniversary basis under KRS 186.051 as of the preceding January 1. The listing shall be by counties and shall contain, in addition to the name of the owners, the owners’ addresses, and the make, model and year of all vehicles owned by the registrants. The county clerk shall continue to provide copies of motor vehicle registration certificates on all motor vehicles not registered under the provisions of KRS 186.051 .

History. Enact. Acts 1978, ch. 233, § 3, effective June 17, 1978; 2005, ch. 85, § 605, effective June 20, 2005.

186.030. Form of application.

  1. The application form shall contain spaces for the names and post office addresses of the owner and of the lien holder as shown by chattel mortgage, or other instrument construed as such in this state, on file in the office of the county clerk in the county in which the motor vehicle is registered, and such other information as the cabinet may require. If the motor vehicle is a truck designed for the transportation of property, the application form shall contain space for the declared gross weight in pounds. The declared gross weight shall be the weight of the vehicle and the heaviest load that the vehicle will be used to carry at any time on the highways.
  2. The application, when completed, shall be presented to the county clerk and accompanied by the appropriate fee.

History. 2739g-2b: amend. Acts 1944, ch. 96; 1946, ch. 15, § 2; 1954, ch. 153, § 2; 1958, ch. 82, § 2.

NOTES TO DECISIONS

1.Carrying Capacity of Trucks.

Where this section based license tax for trucks upon “carrying capacity,” and for many years licenses had been issued in accordance with manufacturers’ ratings, and during this period statute had been amended several times without changing basis for rating, there was contemporaneous construction of this section precluding state tax commission from ordering trucks to be rerated to actual carrying capacity. State Tax Com. v. Safety Transfer & Storage Co., 230 Ky. 225 , 18 S.W.2d 991, 1929 Ky. LEXIS 55 ( Ky. 1929 ) (decision prior to 1946 amendment).

Opinions of Attorney General.

Although a statutory lien on the vehicle is created on behalf of a county clerk when a check to him for registration fees is dishonored, he may not make a note of such lien on the registration receipt. OAG 74-744 .

Research References and Practice Aids

Kentucky Law Journal.

Garrison and Martin, History of Kentucky Commercial Motor Vehicle Transportation Tax Legislation, I, 33 Ky. L.J. 3 (1944).

186.032. Voluntary inclusion of information that an owner, lesser, or operator of a motor vehicle is deaf or hard of hearing in Kentucky vehicle registration system database — Deaf or hard of hearing protection trust fund — Use of fund.

  1. At the time of initial application for registration or application for renewal, the owner or lessee of a motor vehicle may inform the county clerk that he or she, or someone who may be operating the vehicle, is deaf or hard of hearing and request that information be included in the Kentucky vehicle registration system database to assist law enforcement in identifying the operator of the vehicle as possibly being deaf or hard of hearing.
    1. The deaf or hard of hearing protection trust fund is created as a separate trust fund in the State Treasury. The trust fund shall consist of any proceeds from gifts, grants, contributions, appropriations, or other moneys made available for the purposes of the trust fund. (2) (a) The deaf or hard of hearing protection trust fund is created as a separate trust fund in the State Treasury. The trust fund shall consist of any proceeds from gifts, grants, contributions, appropriations, or other moneys made available for the purposes of the trust fund.
    2. The fund shall be administered by the Kentucky Commission on the Deaf or Hard of Hearing.
    3. Notwithstanding KRS 45.229 , trust fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
    4. Any interest earnings of the trust fund shall become part of the trust fund and shall not lapse.
    5. Trust fund moneys deposited in this fund shall only be used to:
      1. Reimburse the Transportation Cabinet for the cost of including information that someone is deaf or hard of hearing in the Kentucky vehicle registration system database;
      2. Support other actions to protect the safety and welfare of persons who are deaf or hard of hearing; and
      3. Educate the public and the deaf and hard of hearing community on issues confronting the deaf and hard of hearing.

HISTORY: 2017 ch. 57, § 1, effective June 29, 2017.

186.035. Payment of ad valorem tax as condition to registration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 186, Art. 1, § 19) was repealed by Acts 1962, ch. 29, § 8.

186.040. Issuance of certificate of registration — Plates — Clerk’s fee — Donations to child care assistance account — Additional fees and distribution.

  1. Upon receiving the application and fee, the county clerk shall issue to the owner a certificate of registration containing the information required by subsection (2) of this section and a registration plate. If the cabinet finds that there is a shortage of materials suitable for making plates, or that a substantial saving will result, it may require by regulation with the approval of the Governor that previously issued plates continue to be used for a designated period. Except as provided in subsection (3) of this section and in KRS 186.162 , for services performed, the owner shall pay the county clerk the sum of six dollars ($6) for each registration, or if the registration exceeds a twelve (12) month period, the clerk shall receive a fee of nine dollars ($9).
  2. The certificate of registration shall contain the registration number, the name and post office address of the owner, and such other information as the cabinet may require.
  3. An owner who registers a vehicle under KRS 186.050 that has a declared gross vehicle weight with any towed unit of forty-four thousand and one (44,001) pounds or greater shall pay the county clerk thirty dollars ($30) for each registration. The clerk shall retain the thirty dollar ($30) fee for services performed under this subsection.
  4. Any person requesting a certificate of registration or renewal of registration of any type of motor vehicle shall have the opportunity to donate one dollar ($1) to the child care assistance account. The one dollar ($1) donation shall be added to the regular fee for vehicle registration. One donation may be made per issuance or renewal of vehicle registration. Donation to the child care assistance account shall be voluntary and may be refused by the applicant at the time of the issuance or renewal of any vehicle registration.
  5. The county clerk may retain five percent (5%) of fees collected for the child care assistance account under subsection (4) of this section. The remaining funds shall be deposited into a trust and agency account in the State Treasury to the credit of the Cabinet for Health and Family Services for the exclusive use as follows:
    1. Funds shall be made available to the agencies that administer child care subsidy funds; and
    2. Funds shall be used as determined by the cabinet for working families whose income exceeds the state income eligibility limits for child day care assistance.
  6. Except as provided in KRS 186.162 , in addition to the registration fee provided for county clerks in subsections (1) and (3) of this section, an additional three dollars ($3) per registration shall be collected by the county clerk at the time of registration. This additional fee shall be distributed as follows:
    1. One dollar ($1) shall be placed in an agency fund to provide additional funds exclusively for technological improvements or replacement of the AVIS system. The operation and maintenance of AVIS shall remain as currently provided for from the operational budget of the Transportation Cabinet and shall not be reduced below the 2005-2006 funding level;
    2. One dollar ($1) shall be placed in an agency trust fund to provide funds exclusively for technological improvements to the hardware and software in county clerk offices related to the collection and administration of road fund taxes. The Transportation Cabinet, in consultation with county clerks, shall allocate funds as necessary from this fund to be used for this exclusive purpose; and
    3. One dollar ($1) shall be placed in a trust fund to be maintained by the Transportation Cabinet to provide an unrestricted revenue supplement, for operations of the office related to the collection and administration of road fund taxes, to county clerk offices in counties containing a population of less than twenty thousand (20,000), as determined by the decennial census, and for no other purpose. Annually, by March 1, the Transportation Cabinet shall calculate the amount collected in the previous calendar year and distribute the entire fund proportionate to each county that qualifies under this paragraph based on population. This revenue shall be considered current year revenue when paid to the clerk and shall not be identified as excess fees from the previous year.

History. 2739g-10: amend. Acts 1942, ch. 78, §§ 4, 9; 1958, ch. 82, § 3; 1964, ch. 59, § 1; 1966, ch. 139, § 4; 1968, ch. 40, Part IV, § 1; 1982, ch. 375, § 3, effective July 15, 1982; 1984, ch. 37, § 1, effective July 13, 1984; 1986, ch. 118, § 102, effective July 1, 1987; 1994, ch. 428, § 3, effective July 15, 1994; 1998, ch. 544, § 1, effective July 15, 1998; 2003, ch. 124, § 41, effective July 1, 2003; 2005, ch. 99, § 144, effective June 20, 2005; 2006, ch. 255, § 7, effective January 1, 2007; 2021 ch. 92, § 2, effective June 29, 2021.

NOTES TO DECISIONS

1.Compensation of County Clerk.

Prior to the 2003 amendment, for his services under this section, the county clerk was entitled only to the 50¢ fee (now $1.00), and not to any percentage or fee allowed by other statutes for services in connection with the issuance of licenses. Lewis v. James, 191 Ky. 769 , 231 S.W. 526, 1921 Ky. LEXIS 392 ( Ky. 1921 ).

Opinions of Attorney General.

The motor vehicle usage tax was due on the transfer of a car from father to son upon the son’s reaching the age of 21. OAG 68-326 .

The term “post-office address,” as used in subsection (2) of this section, means something more than a post office box number or general delivery. OAG 71-368 .

Although a statutory lien on the vehicle is created on behalf of a county clerk when a check to him for registration fees is dishonored, he may not make a note of such lien on the registration receipt. OAG 74-744 .

A registration for greater than 12 months constitutes a single registration; therefore, even when a registration year should exceed 12 calendar months, the clerk is not entitled to more than a $2.00 fee. OAG 83-76 .

A motor vehicle may be legally sold to a minor of at least 16 years of age, as relates to the county clerk’s effecting a transfer and registration; thus where the vehicle owner of title is 17 years of age, there is no prohibition against the clerk’s transferring (if applicable) and registering such vehicle in the minor’s name. OAG 83-376 .

Mopeds are required to have at least one but not more than two headlamps, and the fine for violating that requirement is $20 to $100. OAG 84-176 .

Research References and Practice Aids

Cross-References.

“Cabinet” defined, KRS 186.010(1).

Registration receipt to be kept in truck, KRS 189.260 .

Kentucky Law Journal.

Vanlandingham, The Fee System in Kentucky Counties: The Fee System in Kentucky, 40 Ky. L.J. 275 (1952).

Lawson, Security Interests in Motor Vehicles: A Conflict in Kentucky Law, 66 Ky. L.J. 924 (1977-1978).

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.041. Special military-related license plates.

  1. Each initial and renewal application by a person who meets the criteria of paragraph (a) of this section and each initial application by a person who meets the criteria of paragraph (b), (c), or (d) of this section for a special military license plate shall be accompanied by proof as set forth in subsection (10) of this section that the person is associated with the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, United States Coast Guard Auxiliary, Kentucky National Guard, Merchant Marines with service between December 7, 1941, and August 15, 1945, or Civil Air Patrol in one (1) of the following ways:
    1. A member of the Armed Forces of the United States;
    2. A retired member;
    3. A member of the National Guard or Reserve component who has completed his or her term of service, or has retired with a minimum of twenty (20) years of service; or
    4. A veteran who received a discharge under honorable conditions, or the veteran’s surviving spouse, and:
      1. Performed one hundred eighty (180) days of active-duty service;
      2. Received an early release due to injuries or other medical condition, or at the convenience of the service;
      3. Received a hardship discharge;
      4. Was separated or retired due to a disability; or
      5. Was determined to have a service-connected disability incurred during the enlistment.
  2. The member, retired member, veteran, reservist, or his or her spouse who is eligible under subsection (9) of this section may purchase an unlimited number of special military-related license plates described in subsection (1) of this section, annually for vehicles they own or lease. A disabled veterans license plate shall expire on July 31.
  3. A recipient of the Distinguished Service Cross, Navy Cross, or Air Force Cross shall be eligible for a Service Cross license plate upon submission of an application to the Kentucky Department of Veterans’ Affairs. The recipient shall be required to include with the initial application for a Service Cross license plate a copy of the general order that authorized the award and the recipient’s Department of Defense form number 214. The Department of Veterans’ Affairs shall verify the documentation submitted with the application for a Service Cross license plate, and if the individual applying for the plate is confirmed to be a recipient of the Distinguished Service Cross, Navy Cross, or Air Force Cross, the Department of Veterans’ Affairs shall submit the applicant’s name to the Transportation Cabinet’s Division of Motor Vehicle Licensing not later than September 1 preceding the year that the Service Cross license plate is to be initially issued or renewed. When the Service Cross license plate is ready, the plate shall be sent to the county clerk in the county of the applicant’s residence. The Transportation Cabinet’s Division of Motor Vehicle Licensing shall inform each applicant in writing that the Service Cross license plate is ready and may be picked up at the county clerk’s office. The Transportation Cabinet shall prescribe the type of application form required by this subsection and shall supply the Department of Veterans’ Affairs with the application form required by this subsection.
  4. A person who is a former prisoner of the enemy during World War I, World War II, the Korean War, or the Vietnam War, or the spouse of a deceased former prisoner of war, shall be eligible for a former prisoner of war license plate by submitting written proof from the United States Department of Veterans Affairs or other appropriate federal agency stating the period of time the person or person’s spouse was a prisoner of war. If a former prisoner of war dies with a vehicle licensed as authorized under this section, the person’s surviving spouse may retain the license plate for use on the same vehicle or on another vehicle that complies with KRS 186.164(7).
  5. A person who is certified by the Kentucky chapter of the Pearl Harbor Survivors Association as being a survivor of the attack on Pearl Harbor shall be eligible for a Pearl Harbor license plate and shall be required to attach to the special military-related license plate application written evidence from the Kentucky chapter of the Pearl Harbor Survivors Association that the person:
    1. Was a member of the United States Armed Forces on December 7, 1941;
    2. Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time, at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three (3) miles;
    3. Was discharged honorably from the United States Armed Forces; and
    4. Is certified by the Kentucky chapter of the Pearl Harbor Survivors Association.
  6. A person who is eligible to receive a Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses license plate under KRS 186.164(15)(a) may receive up to two (2) Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses license plates free of charge and may purchase additional license plates by paying the same fee as for special military-related plates issued under KRS 186.162(2)(d) annually for vehicles he or she owns or leases.
  7. The surviving spouse of a Purple Heart recipient, or a Kentucky National Guard member or a retired member, who possessed a vehicle licensed with the Purple Heart recipient special license plate or the Kentucky National Guard special license plate, may retain the license plate for use on the same vehicle or another vehicle that complies with KRS 186.164(7). The surviving spouse may renew the license plate indefinitely, provided the appropriate registration fee is paid annually.
  8. A person who is attending or who is a graduate of the United States Air Force Academy, the United States Military Academy, the United States Naval Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy shall be eligible for a special military service academy license plate. A special military service academy license plate under this subsection shall use the same plate template as the standard special military license plate under subsection (1) of this section, with stickers to identify the various service academies. The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish the proof required to demonstrate current attendance at or graduation from a service academy. An eligible applicant may receive up to two (2) special military service academy license plates.
    1. The legally married spouse of a member of the Armed Forces of the United States who meets the criteria for a special military license plate under subsection (1) of this section shall be eligible for a special military license plate. A special military license plate under this subsection shall use the same template as the standard special military license plate under subsection (1) of this section, with a sticker identifying the plate as that of a military spouse. (9) (a) The legally married spouse of a member of the Armed Forces of the United States who meets the criteria for a special military license plate under subsection (1) of this section shall be eligible for a special military license plate. A special military license plate under this subsection shall use the same template as the standard special military license plate under subsection (1) of this section, with a sticker identifying the plate as that of a military spouse.
    2. An applicant who is eligible for a special military license plate under this subsection shall present as proof of eligibility an original or copy of his or her marriage certificate establishing marriage to the member of the Armed Forces of the United States and an original or copy of one (1) of the following:
      1. His or her unexpired DD-1173 form; or
      2. Any identification document outlined in subsection (10) of this section issued to his or her spouse.
  9. Prior to receiving a special military-related plate requested under subsection (1) of this section, the applicant shall present as proof of eligibility, an original or copy of his or her:
    1. Unexpired Veteran Identification Card or Veteran Health Identification Card issued by the United States Department of Veterans Affairs;
    2. DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or
    3. Unexpired Geneva Conventions Identification Card issued by the United States Department of Defense.

HISTORY: Enact. Acts 1970, ch. 191, § 1; 2017 ch. 137, § 1, effective June 28, 2017; 2020 ch. 42, § 1, effective July 15, 2020; 2021 ch. 92, § 5, effective June 29, 2021.

Opinions of Attorney General.

Before the special free license plates are issued by the department of revenue (now revenue cabinet), the department (now cabinet) may require proof that the claimant did, in fact, receive financial assistance from the veterans administration under 38 USCS § 1901 and that he is now being paid disability compensation by the veterans administration pursuant to 38 USCS, §§ 301-360. OAG 71-94 .

Evidence that the claimant is currently receiving disability compensation could take any reasonable form acceptable by the department of revenue (now revenue cabinet). OAG 71-94 .

Those disabled veterans who have been furnished financial assistance from the veterans administration should obtain the special free license plates. OAG 71-94 .

The issuance of a special automobile plate to a disabled veteran does not relieve him as the owner from payment of ad valorem property taxes on the vehicle. OAG 74-775 .

Since the benefit bestowed in this section is tied in exclusively with 38 USCS § 1901, the free certificate and license plates authorized by this section are confined to the one vehicle provided by the veterans’ administration and there is no statutory authority for selling the special “Handicapped Veteran” license plates. OAG 76-640 .

Although a National Guard member may only have a special license plate for one vehicle at a time, a guardsman must pay only a one time registration fee regardless of how long he keeps his vehicle or how often he changes vehicles and transfers the plate from one vehicle to the next. OAG 76-693 .

The prohibition on cities under former subsection (4) of this section from imposing any automobile license fee was restricted to one vehicle owned by a qualifying veteran; accordingly, any additional motor vehicle owned by the disabled veteran would require the veteran to pay the regular motor vehicle license fee levied by the city. OAG 81-194 .

Neither this section nor KRS 189.456 requires a city to provide specific handicapped parking facilities though there appears to be an implication to this effect under former KRS 189.456 (6) which authorizes handicapped persons qualifying to park in a designated handicapped parking place even when a parking limit is imposed, by allowing such vehicle to be parked for a period of two hours in excess of the legal parking period prescribed by the local authorities with certain exceptions mentioned therein. There is nothing under either statute prohibiting the charging of parking fees for handicapped parking spaces, the same as would be required for parking generally. OAG 82-116 .

Special license plates authorized by this section for national guardsmen cannot be issued for a vehicle owned by a guardsman and his wife jointly and can only be issued for a vehicle of the kind required to be licensed under the provisions of KRS 186.050 (1). OAG 77-108 .

186.042. Accessible parking registration plates and parking privileges for persons with certain disabilities — Application procedure — Issuance.

  1. For the purposes of this section, “persons with disabilities which limit or impair the ability to walk” means persons who:
    1. Cannot walk two hundred (200) feet or sixty-one (61) meters without stopping to rest;
    2. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistant device;
    3. Are restricted by lung disease to the extent that the person’s forced respiratory and expiratory volume for one (1) second, when measured by spirometry, is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest;
    4. Use portable oxygen;
    5. Have a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
    6. Are severely limited in their ability to walk due to an arthritic, neurological, or orthopedic condition.
  2. On the application of any person with disabilities which limit or impair the ability to walk, who has lost the use of an arm or both arms, or who is blind, the Transportation Cabinet shall issue the person with a disability, the parent or guardian of a disabled minor, or the parent or guardian of a disabled adult, an accessible parking registration plate or renewal decal designating the vehicle licensed as being owned by or leased by a person with a disability or their parent or guardian. The license plate or renewal decal may be issued for a passenger car as set forth in KRS 186.050(1), for a motorcycle as set forth in KRS 186.050(2), or for a commercial vehicle as set forth in KRS 186.050(3)(a). The registration plates issued shall bear the international symbol of access adopted by Rehabilitation International in 1969, reading from left to right and shall be followed by numbers or letters the cabinet finds expedient. Except as provided in this subsection, the cabinet shall not issue the registration plates so designated to any person other than a person with a disability as described above. The fee for a disabled license plate shall be as established in KRS 186.162 .
  3. The application for a license plate for a person with a disability shall be made on a form prepared by the Transportation Cabinet. For every person seeking this accessible parking license plate, proof of the disability shall be required by:
    1. The county clerk issuing the license plate ascertaining that the applicant or the applicant’s minor or adult child is obviously disabled as described in this section; or
    2. A statement from a licensed physician, physician assistant, chiropractor, or advanced practice registered nurse that the applicant or the applicant’s minor or adult child is a person with disabilities which limit or impair the ability to walk, a person who has lost the use of an arm, or any person who is blind.
  4. When a motor vehicle bearing plates issued under this section is being operated by or for the benefit of the person with a disability, who is in the motor vehicle when the motor vehicle is being operated, the motor vehicle may be parked for a period of two (2) hours in excess of the legal parking period permitted by local authorities, except if local ordinances or police regulations prohibit parking on a highway for the purpose of creating a fire lane; if the ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon, or evening hours; or if the motor vehicle is parked in such a manner as to clearly be a traffic hazard.
  5. Registration under this section shall expire July 31.

History. Enact. Acts 1978, ch. 239, § 3, effective June 17, 1978; 1982, ch. 203, § 4, effective July 15, 1982; 1984, ch. 268, § 1, effective July 13, 1984; 1988, ch. 150, § 3, effective July 15, 1988; 1992, ch. 60, § 2, effective July 14, 1992; 1994, ch. 405, § 36, effective July 15, 1994; 1994, ch. 416, § 4, effective July 15, 1994; 1994, ch. 428, § 5, effective July 15, 1994; 1998, ch. 15, § 1, effective July 15, 1998; 2005, ch. 133, § 6, effective June 20, 2005; 2008, ch. 33, § 1, effective July 15, 2008; 2010, ch. 85, § 31, effective July 15, 2010; 2018 ch. 63, § 3, effective July 14, 2018; 2021 ch. 69, § 1, effective June 29, 2021.

Legislative Research Commission Notes.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 405, 416, and 428. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between chs. 405 and 416, Acts ch. 416, which was enacted after Acts chapter 405 by the General Assembly, prevails under KRS 446.250 .

Opinions of Attorney General.

A motor vehicle bearing special registration plates should not be ticketed as long as it is parked no longer than two hours past the legal parking period and as long as the vehicle is being operated by the handicapped person or for such person. OAG 82-161 .

Research References and Practice Aids

Cross-References.

Special handicapped parking permit, KRS 189.456 .

186.0422. Display of international symbol of access on accessible parking registration plate.

Any person eligible for an accessible parking registration plate under KRS 186.042 who has been issued, or is eligible for, a special license plate shall make application to the cabinet by September 1 of the preceding registration year that the special plate be made to display the international symbol of access adopted by Rehabilitation International in 1969. The fee for a plate issued under this section shall be the same as for the special plate that the person is eligible for. All privileges granted by KRS 186.042 shall apply to license plates issued under this section.

History. Enact. Acts 1998, ch. 288, § 1, effective July 15, 1998.

186.0425. Accessible parking registration plate for vehicle used to transport persons with a disability — Extension of legal parking period.

  1. On the application of any agency or organization which transports persons with a disability described in KRS 186.042 as part of the service provided by that agency or organization to the county clerk for an accessible parking registration plate for a vehicle used in the transportation of persons with a disability, the Transportation Cabinet shall issue the agency or organization an accessible parking registration plate or renewal decal designating the vehicle licensed as being owned or leased by an agency or organization which transports persons with a disability. The license plate or renewal decal may be issued for a passenger car as set forth in KRS 186.050(1) or for a commercial vehicle as set forth in KRS 186.050(3)(a). The registration plates issued shall bear the international symbol of access adopted by Rehabilitation International in 1969, reading from left to right, and shall be followed by the numbers or letters the cabinet finds expedient. The cabinet shall not charge any fee, other than the regular fee for annual registration, for the issuance of the registration plate or renewal decal.
  2. The application for a license plate for an agency or organization which transports persons with a disability shall be made on a form prepared by the Transportation Cabinet. For every agency or organization seeking an accessible parking license plate, the application shall contain at least the following:
    1. Name of the agency or organization requesting use of an accessible parking placard for a person with a disability;
    2. Number of vehicles being used in the transportation of persons with a disability; and
    3. A statement from the director of the agency or organization verifying the need for the parking placard.
  3. Upon the sale, transfer, or termination of lease of a vehicle licensed as authorized under this section, the owner or lessee shall remove the license plate and return it and the certificate of registration to the county clerk. The clerk shall issue a regular license plate and certificate of registration upon the payment of an eleven dollar fifty cent ($11.50) state fee and a three dollar ($3) clerk’s fee. When the accessible parking plate has been presented to the clerk, he shall reissue the plate free of charge by the Transportation Cabinet and upon payment of a two dollar ($2) clerk’s fee, for use on any other vehicle owned or leased by the same agency or organization who purchased the accessible parking plate for the current licensing period. The license plate and decal on the other vehicle shall be turned into the county clerk, who shall forward the license plate to Frankfort.
  4. When a motor vehicle bearing plates issued to an agency or organization which transports persons with a disability as prescribed in this section is being operated for the benefit of a person with a disability who is in the motor vehicle at the time it is being operated, the motor vehicle may be parked for a period of two (2) hours in excess of the legal parking period permitted by local authorities, except where local ordinances or police regulations prohibit parking on a highway for the purpose of creating a fire lane or where the ordinances or police regulations provide for the accommodation of heavy traffic during morning, afternoon, or evening hours or where the motor vehicle is parked in such a manner as to clearly be a traffic hazard.
  5. Registration under this section shall expire July 31.
  6. The cabinet may promulgate the administrative regulations necessary to further the purpose of this section.

History. Enact. Acts 1992, ch. 60, § 3, effective July 14, 1992; 1994, ch. 405, § 37, effective July 15, 1994; 1994, ch. 416, § 5, effective July 15, 1994; 1994, ch. 428, § 6, effective July 15, 1994.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 405, 416, and 428. Where these Acts are not in conflict, they have been codified together. Where a conflict exists between chs. 405 and 416, Acts ch. 416, which was enacted after Acts ch. 405 by the General Assembly, prevails under KRS 446.250 .

186.043. Special license plates for historic motor vehicles — Permanent registration.

  1. In enacting this section, it is the intention of the General Assembly to recognize the special value of historic vehicles to the Commonwealth, and also to recognize that historic vehicles, because of their limited use and easily identifiable characteristics, do not require the same degree of regulation as other vehicles.
  2. As used in this section, unless the context otherwise requires, “historic vehicle” shall mean all motor vehicles twenty-five (25) years old or older, which are used primarily for exhibition in shows, parades, tours, and other special uses, but not for general transportation.
  3. Historic vehicles shall be registered and licensed by the Transportation Cabinet. The registration shall be in lieu of registration and license required by KRS 186.020 to 186.270 .
  4. Upon payment of the fee established in KRS 186.162 and an application in accordance with regulations issued by the Transportation Cabinet, the secretary of the Transportation Cabinet shall issue a certificate of registration and two (2) special license plates of a different color and design than the regular license plate, which, in the judgment of the secretary of the Transportation Cabinet, will best advertise, popularize, and promote the Commonwealth of Kentucky. These plates, besides the word “Kentucky” shall have the words, “Historic Motor Vehicle” inscribed in a conspicuous manner and carry no year date. These plates shall have a serial number beginning with the number “100” and continue in a consecutive numerical sequence.
  5. Historic vehicles may display an authentic Kentucky license plate, twenty-five (25) years or older, or a reproduction of such a plate, if the historic motor vehicle plate and the registration receipt are kept in the vehicle at all times.
  6. The registration license and license plates of historic motor vehicles shall be valid without renewal as long as the vehicle is in existence. If the historic motor vehicle is sold, the registration and license shall be assigned and transferred to the new owner on the records of the Transportation Cabinet upon receipt of an application in accordance with regulations issued by the cabinet and payment of a fee of three dollars ($3).

History. Enact. Acts 1968, ch. 14, §§ 1 to 5, 7; 1974, ch. 74, Art. IV, § 20(9), (10); 1978, ch. 69, § 1, effective June 17, 1978; 1984, ch. 169, § 3, effective July 13, 1984; 1992, ch. 117, § 1, effective July 14, 1992; 1994, ch. 428, § 7, effective July 15, 1994; 1998, ch. 343, § 1, effective July 15, 1998; 2005, ch. 133, § 7, effective June 20, 2005.

Opinions of Attorney General.

The license plate for a historic vehicle must remain with the particular vehicle which is registered with the county clerk and for which the plate was purchased and cannot be transferred or changed to other historic vehicles that may be in the owner’s possession. OAG 69-540 .

When a historic vehicle is sold and transferred in Kentucky or to someone outside the state, the plate or tag must remain with the vehicle. OAG 69-540 .

186.0435. Display of vintage Kentucky license plates on historic vehicle.

Any motor vehicle that meets the age requirements of a “historic vehicle” as used in KRS 186.043(2) and is registered in accordance with KRS 186.050 may display an authentic Kentucky license plate, twenty-five (25) years or older, or a reproduction of such a plate, if the current motor vehicle plate and the registration receipt are kept in the vehicle at all times.

History. Enact. Acts 2007, ch. 135, § 1, effective June 26, 2007.

186.044. License plates for recipients of a Purple Heart medal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 178, § 1, effective July 15, 1988; 1994, ch. 428, § 8, effective July 15, 1994) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.045. Discharge by payment in full — Termination statement and record of termination of security interest — Filing — Time — Fees — Notations showing security interest — Clerk not liable for accepting fraudulent termination statement.

  1. A perfected security interest in a motor vehicle that has been satisfied by payment in full shall be deemed to have been discharged if one (1) or both of the following events has occurred:
    1. The funds to pay in full and discharge the security interest have been provided to the secured party in the form of a cashier’s check, certified check, or wire transfer; or
    2. The debt has been paid to a secured party who is no longer in existence or has failed to file the necessary documents to discharge the lien.
  2. If payment in full has been made under subsection (1)(a) of this section, the discharge of the lien shall be made not later than ten (10) days from the receipt of the payment.
  3. When a security interest has been paid in full and a termination statement or discharge has not been filed, the debtor may petition the Circuit Court in the county of the debtor’s residence to order the discharge of the security interest. The debtor shall present written evidence to the Circuit Court that the security interest has been paid in full. If the evidence presented to the Circuit Court proves to the court’s satisfaction that the security interest has been paid in full, the court shall order the county clerk to note the termination on the title and to remove the lien from the Automated Vehicle Information System (AVIS). A copy of the court’s order shall immediately be sent to the county clerk in the county where the security interest was originally filed and the county clerk shall discharge the security interest and remove the lien information from AVIS in accordance with the provisions of this section.
  4. Whenever a security interest has been discharged, other than by proceedings under Part 6 of Article 9 of KRS Chapter 355 or similar proceedings, the secured party shall:
    1. Deliver an authenticated termination statement in the manner required by KRS 355.9-513 and 186A.195 to the county clerk of the county in which the title lien statement was submitted; or
    2. Have a county clerk from another county submit by fax or other form of electronic communication available and acceptable to both sender and recipient, and verified verbally or by electronically assigned identification as being from the sending clerk, and which is able to be copied to an electronic or paper file, on that county clerk’s letterhead, an authenticated termination statement in the manner required by KRS 186A.195 and 355.9-513 to the county clerk of the county in which the title lien statement was submitted. The county clerk, upon receipt of the authenticated termination statement in the manner prescribed under this paragraph, shall verify the legitimacy of the document. The secured party shall also deliver a copy of the termination statement to the debtor or the debtor’s transferee. For failure to file the termination statement within the allowable time, the secured party shall be subject to the penalty provided in KRS 186.990(1). Except as provided in subsection (3) of this section, within five (5) days after the receipt of such documents, the county clerk shall note the filing in the index, in language prescribed by the cabinet, that the termination statement has been filed. Upon presentation of the owner’s title showing a security interest to the county clerk where the termination statement was submitted, and with the copy of the termination statement submitted by the secured party, the clerk shall discharge the security interest by noting on the title that the termination statement has been filed and place the seal of the county clerk thereon. The clerk shall return the owner’s title to the owner. The county clerk shall then file the termination statement in the place from which the title lien statement was removed. Termination statements shall be retained in the clerk’s files for a period of two (2) years subsequent to the date of filing a statement, at which time they may be destroyed. The fee for these services are included in the provisions of KRS 186A.190 .
  5. Upon presentation of an owner’s title showing a security interest to the county clerk of a county where the termination statement was not delivered, the county clerk shall access the automated system to determine whether a record of termination of the security interest has been entered into the automated system by the county clerk where the termination statement was delivered by the secured party as provided in KRS 186A.210 . If a record of termination has been entered into the automated system, the county clerk of the county where the termination statement was not delivered, shall note the discharge of the security interest on the certificate of title by noting that the termination statement has been delivered, the county where it was delivered, and placing the seal of the county clerk thereon and may rely on the automated system to do so. If a record of termination has not been entered into the automated system, the county clerk of the county other than where the termination statement was delivered shall not make any notation upon the certificate of title that the security interest has been discharged or that a termination statement has been delivered to the county where the title lien statement was submitted.
  6. Whenever any secured party repossesses a vehicle titled in Kentucky, for which a security interest is in existence at the time of repossession, and disposes of the vehicle pursuant to the provisions of KRS Chapter 355, the secured party shall present, within fifteen (15) days after such disposition, the vehicle’s license plate if the plate has not been retained by the previous owner, an affidavit in a form prescribed by the department, proof of notification of all interested parties pursuant to KRS 186A.190 and 355.9-611 , and a termination statement or proof that a termination statement has been filed. The new owner shall pay to the county clerk all applicable fees for titling and transferring the vehicle into his or her name. Upon receipt of such documents, the county clerk who issued the lien shall then omit from the title he makes application for any information relating to the security interest under which the vehicle was repossessed or any security interest subordinate thereto. However, any security interest, as shown by such title which is superior to the one under which the vehicle was repossessed, shall be shown on the title issued by the clerk unless the prior secured party has discharged the security interest in the clerk’s office or proof of termination is submitted, if the prior security interest was discharged in another clerk’s office.
  7. Whenever any vehicle brought into Kentucky is required to be titled and the vehicle is then subject to a security interest in another state as shown by the out-of-state documents presented to the clerk, the county clerk is prohibited from processing the application for title on the vehicle unless the owner obtains from the secured party a financing statement or title lien statement and presents same to the clerk along with the fees required in KRS 186A.190 . The clerk shall note the out-of-state security interest on the certificate of title. This provision does not apply to vehicles required to be registered in Kentucky under forced registration provisions under KRS 186.145 .
  8. The fees provided for in this section are in addition to any state fee provided for by law.
  9. Any person violating any provision of this section or any person refusing to surrender a certificate of title registration and ownership or transfer certificate upon request of any person entitled thereto, is subject to the penalties provided in subsection (1) of KRS 186.990 .
  10. The county clerk is prohibited from noting any security interest on a certificate of title on any vehicle subject to the provisions of KRS Chapter 186A if a certificate of title therefor is presented to him which has all the spaces provided thereon for noting security interests fully exhausted. The owner is responsible for ensuring that a discharge is noted on the certificate of title for each security interest and then a duplicate title as provided for in KRS 186A.180 shall be obtained from the clerk by the owner of the vehicle.
  11. Security interests in vehicles sold to or owned by residents of other states shall be perfected in the state of the nonresident and repossession of the vehicle shall be taken pursuant to the laws of that state, unless:
    1. The vehicle is principally operated in Kentucky;
    2. The vehicle is properly titled in Kentucky under KRS Chapter 186A; and
    3. The security interest is authorized to be noted on the certificate of title by the county clerk under KRS Chapter 186A.
  12. A county clerk who accepts an authenticated termination statement and complies with the verification requirements of subsection (4)(b) of this section shall be held harmless from any liability arising from fraudulent termination statements.

History. Enact. Acts 1964, ch. 59, § 2; 1966, ch. 83, § 1; 1966, ch. 255, § 169; 1972, ch. 203, § 35; 1974, ch. 222, § 2; 1978, ch. 84, § 5, effective June 17, 1978; 1980, ch. 321, § 1, effective July 15, 1980; 1986, ch. 118, § 103, effective July 1, 1987; 1998, ch. 128, § 9, effective July 15, 1998; 2000, ch. 408, § 178, effective July 1, 2001; 2003, ch. 103, § 1, effective June 24, 2003; 2004, ch. 25, § 1, effective July 13, 2004; 2011, ch. 5, § 2, effective January 1, 2014; 2016 ch. 8, § 1, effective July 15, 2016.

Legislative Research Commission Note.

(7/12/2012). The amendment of this statute in 2011 Ky. Acts ch. 5 was to be effective January 1, 2013, pursuant to Section 7 of that Act. However, in 2012 Ky. Acts ch. 12, sec. 1, 2011 Ky. Acts ch. 5, sec. 7, was repealed, and a new effective date of January 1, 2014, was established for the 2011 amendment of this statute, pursuant to 2012 Ky. Acts ch. 12, sec. 2.

NOTES TO DECISIONS

1.Failure to Perfect Lien.

Where the county clerk failed to place the lien on the registration receipt as required by this section, such failure rendered the lien unenforceable as against a purchaser without notice. General Motors Acceptance Corp. v. Hodge, 485 S.W.2d 894, 1972 Ky. LEXIS 145 ( Ky. 1972 ).

2.Mobile Homes.

Subdivision (2)(a) of this section (now subsection 5, pursuant to the 2003 amendment) which requires that liens be noted on the vehicle registration only applies to “vehicles” as defined in KRS 186.010 , which definition does not include mobile homes. Vanover v. Bank of Alexandria, 644 S.W.2d 948, 1983 Ky. App. LEXIS 274 (Ky. Ct. App. 1983) (decision prior to 1986 amendment).

Cited:

McKenzie v. Oliver, 571 S.W.2d 102, 1978 Ky. App. LEXIS 586 (Ky. Ct. App. 1978).

Opinions of Attorney General.

A termination statement is filed by the procedure in KRS 355.9-404 but a partial release of a termination statement is filed pursuant to KRS 355.9-406 . OAG 64-416 .

The clerk’s fee for filing a financing statement is $3.25 pursuant to this section and the clerk is not entitled to the $2.50 fee provided in KRS 64.010 (now repealed). OAG 64-416 .

As relates to the filing of a financing statement affecting a vehicle required to be registered, this section must govern. OAG 70-436 .

The filing officer cannot remove the chattel mortgage representing a financing statement on a motor vehicle registration certificate without the filing of a termination statement. OAG 70-655 .

The motor vehicle certificate is an exception to the general filing provisions under KRS 355.9-403 , since a financing statement must be noted on the motor vehicle registration certificate. OAG 70-655 .

The computation of the ten-day period for filing security agreements under this section is computed by the formula set out in KRS 446.030 . OAG 71-393 .

Where the elapsed period between the date a security agreement was executed and the date it was presented to the clerk was more than ten days, the clerk was correct in refusing to file the security agreement or make a notation on the registration until the penalty of $2.00 was paid. OAG 71-393 .

Where an automobile is repossessed and sold by a first lienholder, the clerk has no duty to contact a second lienholder and request a release from him. OAG 71-490 .

In order for county court clerk to accept a financing statement covering cars and trucks in a security agreement, copies of the tax or registration receipts upon which to enter the financing statement must be included before the statement can be filed. OAG 72-41 .

There is no civil liability on the part of the county clerk where her deputy failed to place the unreleased lien on a motor vehicle registration and where the vehicle was subsequently transferred to a purchaser who had no actual notice of the lien or mortgage. OAG 72-84 .

Where a vehicle is repossessed the person repossessing such vehicle must file with the clerk a copy of revenue form 71A192 and based on this a transfer certificate should be issued transferring the vehicle from the person from whom it was repossessed to the purchaser of the vehicle. OAG 72-549 .

The time limit involving a late penalty must be computed from the day the security agreement is executed and, therefore, the security agreement must necessarily bear the execution date. OAG 72-843 .

A county clerk, in order to be protected in transferring a vehicle that is repossessed by a financing company from the borrower to a new purchaser, may refuse to make such transfer unless an affidavit is submitted in compliance with subsection (6) as it is incumbent upon the secured party who has repossessed the vehicle to file the financing statement with the clerk, and in the absence of such filing, transfer cannot be effected except by court action. OAG 73-295 .

Where no termination statement as provided by this section has been filed, an encumbered motor vehicle may be sold, without the consent, written or otherwise, from the holder of the security interest, so long as the security interest data is carefully preserved and carried forward in issuing the transfer of registration as provided by KRS 186.190(3). OAG 74-606 .

Although a statutory lien on the vehicle is created on behalf of a county clerk when a check to him for registration fees is dishonored, he may not make a note of such lien on the registration receipt. OAG 74-744 .

Failure to present both the owner’s copy of the registration or transfer receipt issued for the current registration and the financing statement within 10 days after the execution of the security agreement gives rise to a two dollar penalty to be paid by the secured party to the county clerk. OAG 75-144 .

Since a graphic review of the legislative history indicates that a uniform fee was intended for the filing of financing statement, regardless of whether a motor vehicle or some other item of personal property is involved, and in 1974 the fee under this section was inadvertently stated to be $4.00 instead of $4.75, the clerk’s fee for filing an original financing statement is uniformly $4.75. OAG 75-179 .

A county clerk may record a financing statement wherein a motor vehicle is listed as the collateral pledged without having in hand the certificate of title thereto from another state. OAG 75-355 .

A financing statement on a motor vehicle which is not used on the public highways may be filed by the county clerk without the registration receipt being produced but the clerk may require an affidavit that the vehicle serving as collateral is not required to be registered. OAG 75-355 .

Where a transferor transferred two tractors to the transferees who took title subject to the original obligations of the transferor under a security agreement, the county clerk was authorized to transfer the registration from the transferor to the original secured party upon repossession of the tractors, though disposition of the collateral by the secured party was of no concern to the county clerk. OAG 76-66 .

Because the general rule holds that a corporation usually remains a resident of the state of its incorporation and in the absence of a manifest legislative intent or reported case asserting a contrary exception to the general rule, a qualified foreign corporation is a nonresident under this section and accordingly the proper office to file a financing statement on the motor vehicles under subsection (1) of this section is with the county clerk of the county in which the vehicle is principally operated. OAG 76-569 .

An individual who is a resident of the state of Kentucky and owns a tractor trailer which is licensed in another state and is principally operated in Ohio and Indiana and such vehicle is not registered in Kentucky and will not be used on the highways of Kentucky and therefore is not required to be registered in Kentucky, the proper place of filing a security interest on such trailer would be in the office of the county court clerk in the county of debtor’s residence as provided in former KRS 355.9-401 (1)(c) and an affidavit of the owner or secured party should be filed with the county court clerk indicating that the vehicle is not being used on the highways of Kentucky and thus does not require registration in Kentucky. OAG 77-48 .

There is no conflict between subsection (5) of this section (now subsection (9)) and KRS 355.9-404 for one involves a criminal offense for violation and the other involves a civil debt for violation. OAG 77-49 .

KRS 355.9-404 would have no effect on a criminal warrant obtained under subsection (5) of this section. OAG 77-49 .

Where a county court clerk is presented with a statement of origin to a motor vehicle or trailer properly assigned and with a lien in favor of some financial institution typed on the statement of origin but no security agreement is presented, if the application for registration is made as provided in KRS 186.020 and is accompanied by the applicable document or documents required by subsection (1) of KRS 186.020 the clerk is required to register the motor vehicle regardless of whether or not a security agreement is presented, for the proper filing of a security agreement under KRS 186.050 is a matter independent of the basic matter of registration of the motor vehicle. OAG 77-220 .

The proper filing of a security agreement under this section is a matter independent of the basic matter of registration of a motor vehicle under KRS 186.020 . OAG 77-220 .

Subsection (3) of this section (now subsection 6, pursuant to the 2003 amendment) originally charged an additional penalty fee for late compliance, but allowed the secured party to perfect his security interest in the motor vehicle, while the 1978 amendment to subsection (3) (now subsection 6) cut off the secured party’s ability to perfect his security interest under KRS Chapters 355 and 186 if the secured party does not comply within 15 days from the date the security agreement was executed; it therefore seems that subsection (3) (now subsection 6) as amended is at best a mistake which is not truly indicative of the legislative intent. OAG 78-423 .

The county clerk may not refuse to file a financing statement even though offered for filing more than 15 days after execution of the security agreement, since the power of the county clerk is purely administrative, not judicial. OAG 78-448 .

It would appear that in order for the transfer of a motor vehicle to be precluded, the information must actually appear on the certificate of registration of the motor vehicle and the fact that it may be on the computer files in the clerk’s office is not sufficient. OAG 79-31 .

KRS 186.230(9) must be read in connection with this section covering the time for filing financing statements affecting vehicles, fees and notations showing security interests. OAG 79-31 .

Since the clerk is not personally responsible for determining how the house trailer is being used, he may rely upon the secured party’s representation that it is or is not subject to registration, and may rely upon the secured party’s representation that a financing statement is all that is required, or if the secured party also presents a registration receipt, he may note the lien thereon. OAG 79-57 .

There are two means for perfecting a security interest in a house trailer: if the house trailer is being used in one place as a permanent dwelling, then filing a financing statement serves to perfect the security interest, but if the house trailer falls within the definition of KRS 186.650 , it is subject to registration and insofar as practicable a financing statement should be filed and registration receipt should be presented for notation of the lien thereon. OAG 79-57 .

For a seller-lienholder to have an enforceable lien against a vehicle, the lien must be noted on the motor vehicle registration receipt of record in the county clerk’s office. OAG 79-511 .

Where one company filed a financing statement in September of 1979, listing a mobile home, with an accompanying affidavit that the mobile home would not be used on public highways, and a second company filed a financing statement in October of 1979, listing the same mobile home, with an accompanying license registration receipt issued by the county clerk’s office on which the second company was listed as the first lienholder on the mobile home, the fact that at the time of the filing of the first company’s financing statement there was no certificate of registration for the mobile home in existence in no way militates against the principle that the proper filing of the financing statement perfected the lien; the county clerk is now required to note the first lien of the company that filed the September statement on the certificate of registration that came into existence later. OAG 80-103 .

A federal certificate of sale of seized property should be treated as having the same effect as a bill of sale of a motor vehicle and the county clerk should issue a certificate of registration to the purchaser if other statutory conditions are met; any unreleased liens should be noted on the new certificate of registration unless the clerk has proof presented to him that the liens are subordinate to the federal tax lien but no subordinate liens should be noted on the registration certificate. OAG 80-510 .

The county clerk is still entitled to a five percent commission out of each $2.00 penalty even though the 1980 amendment to this section did not refer to the commission; since the penalty is associated with a tax provided for under KRS 142.010 , each county clerk is entitled to the commission figured on the total of the tax and the attendant penalty. OAG 80-534 .

The General Assembly, by the 1980 amendment of subsection (3) (now subsection 6, pursuant to the 2003 amendment) of this section putting the $2.00 penalty provision back into the law, intended it to return the state of the law to the posture it was in prior to the 1978 amendment; that is, while the county clerk is to collect the lienholder penalty, the clerk is to remit this penalty to the department of revenue. OAG 80-534 .

The lienholder on a truck which belonged to a Kentucky resident debtor and was used, titled and subject to a security agreement in Indiana would not have to file the Indiana security agreement in Kentucky under the provisions of subsection (4) of KRS 355.9-103 even if the truck should be required to be licensed in Kentucky due to the operation of the truck there for more than five days, under the express language of subsection (2)(a) of this section. OAG 81-369 (decision prior to 1986 amendment of this section).

KRS 186A.190(3) (now (5)), former 186A.060 (14)(a), and this section prohibit the county clerk from listing more than two liens on the certificate of title in connection with the registration or titling of the vehicles; however, the information in KRS 186A.060 required to be filed in conjunction with the liens indicates the legislature intended that its restriction of two liens apply only to commercial liens and there is no such limit to the number of statutory liens such as liens for unpaid property taxes. There is no restriction against placing any type of indicator on the certificate of title that other liens exist. OAG 84-81 .

Since commercial liens are referred to in KRS 186A.190(3), former 186A.060(14), and this section, the clerk should place these on the certificate of title, if they exist, and then after any commercial liens are listed, the clerk should place the tax liens on the certificate, where space permits, or into the computer. OAG 84-81 .

Under the current registration-title law relating to motor vehicles, the General Assembly by this section and KRS 186A.060 , 186A.175 (now repealed) and 186A.190 has made provisions for showing not more than two liens on the certificate of title. OAG 84-301 .

The motor vehicle lien statement is meant to replace financing statements on those motor vehicles for which a certificate of title is required. OAG 87-39 .

Research References and Practice Aids

Kentucky Bench & Bar.

Mellen, Proposed Amendments to the Kentucky Uniform Commercial Code, Vol. 50, No. 1, Winter 1985-86 Ky. Bench & B. 17.

Kentucky Law Journal.

Fitzgerald, Special Comment — The Crazy Quilt of Commercial Law: A Study in Legislative Patchwork, Introduction to a Crazy Quilt, 54 Ky. L.J. 85 (1965).

Lawson, Security Interests in Motor Vehicles: A Conflict in Kentucky Law, 66 Ky. L.J. 924 (1977-1978).

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.047. Lapsed financing statement. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 173, § 1; 1978, ch. 384, § 330) was repealed by Acts 1986, ch. 118, § 108, effective July 1, 1987.

186.050. Registration fees — Voluntary donation for wildlife management and conservation activities and the agricultural program trust fund.

  1. The annual registration fee shall be eleven dollars fifty cents ($11.50) for:
    1. Motor vehicles, including pickup trucks and passenger vans; and
    2. Motor carrier vehicles, as defined in KRS 281.010 , primarily designed for carrying passengers or passengers for hire and having been designed or constructed to transport not more than fifteen (15) passengers, including the operator.
  2. Except as provided in KRS 186.041 and 186.162 , the annual registration fee for each motorcycle shall be nine dollars ($9).
    1. All motor vehicles having a declared gross weight of vehicle and any towed unit of ten thousand (10,000) pounds or less, except those mentioned in subsections (1) and (2) of this section, are classified as commercial vehicles and the annual registration fee, except as provided in subsections (4) to (14) of this section, shall be eleven dollars and fifty cents ($11.50). (3) (a) All motor vehicles having a declared gross weight of vehicle and any towed unit of ten thousand (10,000) pounds or less, except those mentioned in subsections (1) and (2) of this section, are classified as commercial vehicles and the annual registration fee, except as provided in subsections (4) to (14) of this section, shall be eleven dollars and fifty cents ($11.50).
    2. All motor vehicles, except those mentioned in subsections (1) and (2) of this section, and those engaged in hauling passengers for hire which are designed or constructed to transport more than fifteen (15) passengers including the operator, whose registration fee shall be one hundred dollars ($100), are classified as commercial vehicles and the annual registration fee, except as provided in subsections (3)(a) and (4) to (14) of this section, shall be as follows:
      1. Any farmer owning a truck having a gross weight of twenty-six thousand (26,000) pounds or less may have it registered as a farmer’s truck and obtain a license for eleven dollars and fifty cents ($11.50). The applicant’s signature upon the certificate of registration and ownership shall constitute a certificate that he is a farmer engaged in the production of crops, livestock, or dairy products, that he owns a truck of the gross weight of twenty-six thousand (26,000) pounds or less, and that during the next twelve (12) months the truck shall not be used in for-hire transportation and may be used in transporting persons, food, provender, feed, machinery, livestock, material, and supplies necessary for his farming operation, and the products grown on his farm. (4) (a) 1. Any farmer owning a truck having a gross weight of twenty-six thousand (26,000) pounds or less may have it registered as a farmer’s truck and obtain a license for eleven dollars and fifty cents ($11.50). The applicant’s signature upon the certificate of registration and ownership shall constitute a certificate that he is a farmer engaged in the production of crops, livestock, or dairy products, that he owns a truck of the gross weight of twenty-six thousand (26,000) pounds or less, and that during the next twelve (12) months the truck shall not be used in for-hire transportation and may be used in transporting persons, food, provender, feed, machinery, livestock, material, and supplies necessary for his farming operation, and the products grown on his farm.
      2. Any farmer owning a truck having a gross weight of twenty-six thousand one (26,001) pounds to thirty-eight thousand (38,000) pounds may have it registered as a farmer’s truck and obtain a license for eleven dollars and fifty cents ($11.50). The applicant’s signature upon the certificate of registration and ownership shall constitute a certificate that he is a farmer engaged in the production of crops, livestock, or dairy products, that he owns a truck of the gross weight between twenty-six thousand one (26,001) pounds and thirty-eight thousand (38,000) pounds, and that during the next twelve (12) months the truck shall not be used in for-hire transportation and may be used in transporting persons, food, provender, feed, machinery, livestock, material, and supplies necessary for his farming operation and the products grown on his farm.
    1. Any farmer owning a truck having a declared gross weight in excess of thirty-eight thousand (38,000) pounds shall not be required to pay the fee set out in subsection (3) of this section and, in lieu thereof, shall pay forty percent (40%) of the fee set out in subsection (3) of this section and shall be exempt from any fee charged under the provisions of KRS 281.752 . The applicant’s signature upon the registration receipt shall be considered to be a certification that he is a farmer engaged solely in the production of crops, livestock, or dairy products, and that during the current registration year the truck will be used only in transporting persons, food, provender, feed, and machinery used in operating his farm and the products grown on his farm.
    2. An initial applicant for, or an applicant renewing, his or her registration pursuant to this subsection, may at the time of application make a voluntary contribution to be deposited into the agricultural program trust fund established in KRS 246.247 . The recommended voluntary contribution shall be set at ten dollars ($10) and automatically added to the cost of registration or renewal unless the individual registering or renewing the vehicle opts out of contributing the recommended amount. The county clerk shall collect and forward the voluntary contribution to the cabinet for distribution to the Department of Agriculture.
  3. Any person owning a truck or bus used solely in transporting school children and school employees may have the truck or bus registered as a school bus and obtain a license for eleven dollars fifty cents ($11.50) by filing with the county clerk, in addition to other information required, an affidavit stating that the truck or bus is used solely in the transportation of school children and persons employed in the schools of the district, that he has caused to be printed on each side of the truck or bus and on the rear door the words “School Bus” in letters at least six (6) inches high, and of a conspicuous color, and the truck or bus will be used during the next twelve (12) months only for the purpose stated.
  4. Any church or religious organization owning a truck or bus used solely in transporting persons to and from a place of worship or for other religious work may have the truck or bus registered as a church bus and obtain a license for eleven dollars and fifty cents ($11.50) by filing with the county clerk, in addition to other information required, an affidavit stating that the truck or bus will be used only for the transporting of persons to and from a place of worship, or for other religious work, and that there has been printed on the truck or bus in large letters the words “Church Bus,” with the name of the church or religious organization owning and using the truck or bus, and that during the next twelve (12) months the truck or bus will be used only for the purpose stated.
  5. Any person owning a motor vehicle with a gross weight of fourteen thousand (14,000) pounds or less on which a wrecker crane or other equipment suitable for wrecker service has been permanently mounted may register the vehicle and obtain a license for eleven dollars fifty cents ($11.50) by filing with the county clerk, in addition to other information required, an affidavit that a wrecker crane or other equipment suitable for wrecker service has been permanently mounted on such vehicle and that during the next twelve (12) months the vehicle will be used only in wrecker service. If the gross weight of the vehicle exceeds fourteen thousand (14,000) pounds, the vehicle shall be registered in accordance with subsection (3) of this section. The gross weight of a vehicle used in wrecker service shall not include the weight of the vehicle being towed by the wrecker.
  6. Motor vehicles having a declared gross weight in excess of eighteen thousand (18,000) pounds, which when operated in this state are used exclusively for the transportation of property within the limits of the city named in the affidavit hereinafter required to be filed, or within ten (10) miles of the city limits of the city if it is a city with a population equal to or greater than three thousand (3,000) based upon the most recent federal decennial census, or within five (5) miles of its limits if it is a city with a population of less than three thousand (3,000) based upon the most recent federal decennial census, or anywhere within a county containing an urban-county government, shall not be required to pay the fee as set out in subsection (3) of this section, and in lieu thereof shall pay seventy-five percent (75%) of the fee set forth in subsection (3) of this section and shall be exempt from any fee charged under the provisions of KRS 281.752 . Nothing in this section shall be construed to limit any right of nonresidents to exemption from registration under any other provisions of the laws granting reciprocity to nonresidents. Operations outside of this state shall not be considered in determining whether or not the foregoing mileage limitations have been observed. When claiming the right to the reduced fee, the applicant’s signature on the certificate of registration and ownership shall constitute a certification or affidavit stating that the motor vehicle when used within this state is used only for the transportation of property within the city to be named in the affidavit and the area above set out and that the vehicle will not be used outside of a city and the area above set out during the current registration period.
  7. Motor vehicles having a declared gross weight in excess of eighteen thousand (18,000) pounds, which are used exclusively for the transportation of primary forest products from the harvest area to a mill or other processing facility, where such mill or processing facility is located at a point not more than fifty (50) air miles from the harvest area or which are used exclusively for the transportation of concrete blocks or ready-mixed concrete from the point at which such concrete blocks or ready-mixed concrete is produced to a construction site where such concrete blocks or ready-mixed concrete is to be used, where such construction site is located at a point not more than thirty (30) air miles from the point at which such concrete blocks or ready-mixed concrete is produced shall not be required to pay the fee as set out in subsection (3) of this section, and in lieu thereof, shall pay seventy-five percent (75%) of the fee set out in subsection (3) of this section and shall be exempt from any fee charged under the provisions of KRS 281.752 . The applicant’s signature upon the certificate of registration and ownership shall constitute a certification that the motor vehicle will not be used during the current registration period in any manner other than that for which the reduced fee is provided in this section.
  8. Any owner of a commercial vehicle registered for a declared gross weight in excess of eighteen thousand (18,000) pounds, intending to transfer same and desiring to take advantage of the refund provisions of KRS 186.056(2), may reregister such vehicle and obtain a “For Sale” certificate of registration and ownership for one dollar ($1). Title to a vehicle so registered may be transferred, but such registration shall not authorize the operation or use of the vehicle on any public highway. No refund may be made under the provisions of KRS 186.056(2) until such time as the title to such vehicle has been transferred to the purchaser thereof. Provided, however, that nothing herein shall be so construed as to prevent the seller of a commercial vehicle from transferring the registration of such vehicle to any purchaser thereof.
  9. The annual registration fee for self-propelled vehicles containing sleeping or eating facilities shall be twenty dollars ($20) and the multiyear license plate issued shall be designated “Recreational vehicle.” The foregoing shall not include any motor vehicle primarily designed for commercial or farm use having temporarily attached thereto any sleeping or eating facilities, or any commercial vehicle having sleeping facilities.
  10. The registration fee on any vehicle registered under this section shall be increased fifty percent (50%) when the vehicle is not equipped wholly with pneumatic tires.
    1. The Department of Vehicle Regulation is authorized to negotiate and execute an agreement or agreements for the purpose of developing and instituting proportional registration of motor vehicles engaged in interstate commerce, or in a combination of interstate and intrastate commerce, and operating into, through, or within the Commonwealth of Kentucky. The agreement or agreements may be made on a basis commensurate with, and determined by, the miles traveled on, and use made of, the highways of this Commonwealth as compared with the miles traveled on and use made of highways of other states, or upon any other equitable basis of proportional registration. Notwithstanding the provisions of KRS 186.020 , the cabinet shall promulgate administrative regulations concerning the registration of motor vehicles under any agreement or agreements made under this section and shall provide for direct issuance by it of evidence of payment of any registration fee required under such agreement or agreements. Any proportional registration fee required to be collected under any proportional registration agreement or agreements shall be in accordance with the taxes established in this section. (13) (a) The Department of Vehicle Regulation is authorized to negotiate and execute an agreement or agreements for the purpose of developing and instituting proportional registration of motor vehicles engaged in interstate commerce, or in a combination of interstate and intrastate commerce, and operating into, through, or within the Commonwealth of Kentucky. The agreement or agreements may be made on a basis commensurate with, and determined by, the miles traveled on, and use made of, the highways of this Commonwealth as compared with the miles traveled on and use made of highways of other states, or upon any other equitable basis of proportional registration. Notwithstanding the provisions of KRS 186.020 , the cabinet shall promulgate administrative regulations concerning the registration of motor vehicles under any agreement or agreements made under this section and shall provide for direct issuance by it of evidence of payment of any registration fee required under such agreement or agreements. Any proportional registration fee required to be collected under any proportional registration agreement or agreements shall be in accordance with the taxes established in this section.
    2. Any owner of a commercial vehicle who is required to title his motor vehicle under this section shall first title such vehicle with the county clerk pursuant to KRS 186.020 for a state fee of one dollar ($1). Title to such vehicle may be transferred; however title without proper registration shall not authorize the operation or use of the vehicle on any public highway. Any commercial vehicle properly titled in Kentucky may also be registered in Kentucky, and, upon payment of the required fees, the department may issue an apportioned registration plate to such commercial vehicle.
    3. Any commercial vehicle that is properly titled in a foreign jurisdiction, which vehicle is subject to apportioned registration, as provided in paragraph (a) of this subsection, may be registered in Kentucky, and, upon proof of proper title and payment of the required fees, the department may issue an apportioned registration plate to the commercial vehicle. The department shall promulgate administrative regulations in accordance with this section.
  11. Any person seeking to obtain a special license plate for an automobile that has been provided to him pursuant to an occupation shall meet both of the following requirements:
    1. The automobile shall be provided for the full-time exclusive use of the applicant; and
    2. The applicant shall obtain permission in writing from the vehicle owner or lessee on a form provided by the cabinet to use the vehicle and for the vehicle to bear the special license plate.
  12. An applicant for any motor vehicle registration issued pursuant to this section shall have the opportunity to make a donation of two dollars ($2) to promote a hunger relief program through specific wildlife management and conservation efforts by the Department of Fish and Wildlife Resources in accordance with KRS 150.015 . If an applicant elects to make a contribution under this subsection, the two dollar ($2) donation shall be added to the regular fee for any motor vehicle registration issued pursuant to this section. One (1) donation may be made per issuance of each registration. The fee shall be paid to the county clerk and shall be transmitted by the State Treasurer to the Department of Fish and Wildlife Resources to be used exclusively for the purpose of wildlife management and conservation activities in support of hunger relief. The county clerk may retain up to five percent (5%) of the fees collected under this subsection for administrative costs associated with the collection of this donation. Any donation requested under this subsection shall be voluntary and may be refused by the applicant at the time of issuance or renewal of a license plate.

Declared Gross Weight of Vehicle and Any Towed Unit Registration Fee 10,001-14,000 30.00 14,001-18,000 50.00 18,001-22,000 132.00 22,001-26,000 160.00 26,001-32,000 216.00 32,001-38,000 300.00 38,001-44,000 474.00 44,001-55,000 669.00 55,001-62,000 1,007.00 62,001-73,280 1,250.00 73,281-80,000 1,410.00

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HISTORY: 2739g-2c(2), 2739g-2d: amend. Acts 1942, ch. 78, § 7; 2015 ch. 19, § 38, effective June 24, 2015.

NOTES TO DECISIONS

1.Constitutionality.

Law imposing license tax upon owners of automobiles which also bore ad valorem tax, did not constitute double taxation in violation of Ky. Const., §§ 11, 171, 174 and U.S. Const., Amend. 14; nor did it create inequality of taxation, where tax was imposed upon all persons using motor vehicles on highways pursuant to reasonable classification. Smith v. Commonwealth, 175 Ky. 286 , 194 S.W. 367, 1917 Ky. LEXIS 334 ( Ky. 1917 ) (decided under prior law).

2.Fee for Regulatory Purposes.

Automobile license tax, being imposed under police power, could not be deemed occupational tax when required from private pleasure car owner. Atterbury v. Waldeck, 207 Ky. 818 , 270 S.W. 45, 1925 Ky. LEXIS 193 ( Ky. 1925 ).

The fee provided for in this section is solely for regulatory purposes under the police power, and is not “taxation” within the meaning of Ky. Const., § 170. Gray v. Methodist Episcopal Church, etc., 272 Ky. 646 , 114 S.W.2d 1141, 1938 Ky. LEXIS 180 ( Ky. 1938 ).

3.Weight Tax.

A vehicle registered under this section is exempt from weight tax imposed by KRS 281.810 (now repealed) as well as those owned by a nonresident and registered under the laws of another state when used or operated solely within the confines of a nonborder city as well as a border city area. Blackburn v. Maxwell Co., 305 S.W.2d 112, 1957 Ky. LEXIS 297 ( Ky. 1957 ).

4.Semitrailers.

Registration of semitrailer having load capacity exceeding 1,000 pounds, but attachment of which did not increase capacity of truck, is not required; statute does not provide for levy of tax on semitrailers. Commonwealth v. Wilborn, 250 Ky. 148 , 61 S.W.2d 1051, 1933 Ky. LEXIS 633 ( Ky. 1933 ) (decision prior to 1966 amendment).

5.Passenger Buses.

Prior to enactment of 1942 legislation, passenger buses were exempt from vehicle registration fees regardless of whether such buses operated under certificates of convenience and necessity, and buses operated wholly within city limits, not under such certificates, were not subject to registration fees. Reeves v. Kentucky Utilities Co., 291 Ky. 226 , 163 S.W.2d 482, 1942 Ky. LEXIS 211 ( Ky. 1942 ).

Licensing of buses by cities, and requirement that they pay seat tax, constituted sufficient governmental regulation as against contention that exemption from registration fees was a total exemption from state regulation not intended by legislature. Reeves v. Kentucky Utilities Co., 291 Ky. 226 , 163 S.W.2d 482, 1942 Ky. LEXIS 211 ( Ky. 1942 ).

6.Farmer’s Truck.

To register truck as “farmer’s truck” applicant must be engaged in production of crops, livestock or dairy products, but if so engaged on farm is not excluded by having other business wholly separate from farm. Fischer v. Grieb, 272 Ky. 166 , 113 S.W.2d 1139, 1938 Ky. LEXIS 93 ( Ky. 1938 ).

7.Percentage of Revenue for County Road Funds.

One-half (now 30 percent) of all revenue raised by subsections (3) to (8) (now (13)) of this section shall be evenly distributed among all the counties for the county road funds under KRS 47.020 and is not committed for payment of bonds issued to obtain funds to match federal funds. Dalton v. State Property & Bldgs. Com., 304 S.W.2d 342, 1957 Ky. LEXIS 276 ( Ky. 1957 ).

8.Refund of Registration Fees.

Registration fees illegally collected could be refunded by action under KRS 134.580 , without first appealing from the tax commission (now revenue cabinet) to the Franklin Circuit Court. Reeves v. Kentucky Utilities Co., 291 Ky. 226 , 163 S.W.2d 482, 1942 Ky. LEXIS 211 ( Ky. 1942 ).

9.Owner Liable for Violation.

Conviction of operating overweight farm truck in violation of this section against driver could not stand where it was shown that the vehicle was owned by another person since this section is aimed at the owner of the truck and no one else. Holbrook v. Commonwealth, 390 S.W.2d 643, 1965 Ky. LEXIS 357 ( Ky. 1965 ).

10.Miscellaneous.

Types of vehicles at issue in this action were F–Series Super Duty Trucks, which would be considered “pickup trucks” under the registration statute, and F–Series Super Duty Excursions, which would be classified as motor vehicles primarily designed for carrying passengers and having provisions for not more than nine passengers; thus, the vehicles at issue in this action could not be considered “commercial vehicles” under the statute. Corder v. Ford Motor Co., 297 F.R.D. 572, 2014 U.S. Dist. LEXIS 6073 (W.D. Ky. 2014 ).

Opinions of Attorney General.

Where a tractor or motor vehicle was licensed under subsection (3) of this section, the fee would apply to the registering and licensing of the trailer. OAG 61-335 .

There is reciprocity between Ohio and Kentucky on trucks engaged in private business operations, and not as common or contract carriers, where the weight is 18,000 pounds or less. OAG 63-123 .

When a vehicle engaged in private business operations in both Kentucky and Ohio has a declared gross weight of 18,001 pounds or more, the provisions of KRS 186.055 apply and the vehicle must have a Kentucky weight tag regardless of whether it is licensed in Kentucky or in Ohio. OAG 63-123 .

Although the general assembly, after amending this section in 1973 by adding subsection (14), by an apparent oversight, did not amend KRS 47.020 to include this subsection it is clear that it is the legislative intent to share all the fees collected under the provisions of subsections (3) through (14) of this section with the counties, and, therefore, fees collected pursuant to subsection (14) of this section are required to be included with all fees distributable pursuant to KRS 47.020 . OAG 73-428 .

If the applicant is “a farmer engaged solely in the production of crops, live-stock or dairy products” and uses the truck for the transportation of logs cut from his farm then he has satisfied the requirement that the truck be used only in transporting “products grown on his farm” but if the party involved is using this truck to haul logs for hire or to haul logging equipment to other areas so that he might do custom work, then this is in violation of the certification required. OAG 73-710 .

The “El Camino” and “Sprint” are pick-up trucks and should be registered as trucks. OAG 74-302 .

Although a statutory lien on the vehicle is created on behalf of a county clerk when a check to him for registration fees is dishonored, he may not make a note of such lien on the registration receipt. OAG 74-744 .

Since logs are a primary forest product, trucks transporting them less than 50 miles from cutting to the mill are required to pay only the 40% reduced fee, but slabs are a forest by-product and trucks transporting them are not entitled to the reduced fee. OAG 75-560 .

Until such time as the court sees fit to expand its charitable definition to include motor vehicles owned by religious nonprofit cemetery organizations from the motor vehicle usage tax, such vehicles are subject to the tax. OAG 78-579 .

Subsection (9) of this section allows the transportation of coal from the mine to an unloading point within 50 air miles of the mine whether the unloading point is a railhead, tipple, plant, barge or any other location which is no more than 50 air miles from the mine where the coal was dug, in order to qualify for the 40% fee charge. OAG 80-443 .

When the language of a statute is plain and unambiguous, the statute must be applied to those terms without resort to any construction or interpretation; as subsection (9) specifies that to receive a fee reduction, the operator of a motor vehicle having a declared gross weight in excess of eighteen thousand pounds must “exclusively” transport primary forest products, operators who transport other products are not entitled to the fee reduction. OAG 98-10 .

Research References and Practice Aids

Cross-References.

Motor carriers, KRS ch. 281.

Motor vehicle use tax, KRS 138.450 to 138.470 .

Reciprocal exemptions from fees for nonresident motor carriers operating in interstate commerce, KRS 281.835 .

Money not to be drawn from Treasury unless appropriated — Annual publication of accounts — Certain revenues usable only for highway purposes, Ky. Const., § 230.

Truck license fees, disposition of, KRS 47.020 .

Kentucky Law Journal.

Garrison and Martin, Kentucky Commercial Motor Vehicle Transportation Tax Legislation, 33 Ky. L.J. 1 (1944).

Vanlandingham, The Fee System in Kentucky Counties: The Fee System in Kentucky, 40 Ky. L.J. 275 (1952).

Notes, Economic, Social and Legal Aspects of Coal Transportation in Kentucky, 64 Ky. L.J. 601 (1975-76).

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.051. Year-round registration system — Cabinet may designate separate registration years — Staggered registration system for commercial motor vehicles.

  1. Notwithstanding the provisions of this chapter, the cabinet shall by January 1, 1978, establish a year-round system for the registration of vehicles under the provisions of KRS 186.050(1). The system shall be designed so as to distribute the work load as uniformly as practicable within the various offices of the county clerks, as well as the cabinet, on a year-round basis. In implementing a year-round registration system, the cabinet may establish separate and distinct registration years. Each registration year so designated shall begin on the first day of a calendar month and expire on the last day of the last calendar month in a registration period. Registration periods may be designated to include less than twelve (12) consecutive months and registration fees shall be computed at a rate of one-twelfth (1/12) of the appropriate annual registration fee per month in each registration period. The cabinet may establish a registration year of more than twelve (12) months except that registration fees for designated periods of more than twelve (12) months may be paid at the option of the owner. The cabinet may promulgate reasonable administrative regulations to carry out the orderly implementation and administration of the year-round registration system. Any transaction relating to registration or registration renewal which would cause an unexpired Kentucky motor vehicle license plate to be surrendered shall have that unexpired fee prorated or credited against any additional fee required by a subsequent registration.
  2. Notwithstanding the provisions of this chapter, the cabinet shall by April 1, 1980, establish a year-round system for the registration of vehicles under the provisions of KRS 186.050(3)(a). The system shall be designed so as to distribute the work load as uniformly as practicable within the various offices of the county clerks, as well as the cabinet, on a year-round basis. In implementing a year-round registration system, the cabinet may establish separate and distinct registration years. Each registration year so designated shall begin on the first day of a calendar month and expire on the last day of the last calendar month in a registration period. Registration periods may be designated to include less than twelve (12) consecutive months and registration fees shall be computed at a rate of one-twelfth (1/12) of the appropriate annual registration fee per month in each registration period. The cabinet may establish a registration year of more than twelve (12) months except that registration fees for designated periods of more than twelve (12) months may be paid at the option of the owner. The cabinet may promulgate reasonable administrative regulations to carry out the orderly implementation and administration of the year-round registration system.
  3. The Transportation Cabinet shall promulgate administrative regulations to establish a staggered registration system for those commercial motor vehicles registered pursuant to KRS 186.050(13).

History. Enact. Acts 1976, ch. 133, § 25; 1978, ch. 239, § 5, effective June 17, 1978; 1978, ch. 384, § 331, effective June 17, 1978; 1988, ch. 241, § 2, effective July 15, 1988; 1998, ch. 153, § 2, effective July 15, 1998.

Opinions of Attorney General.

The terms registration year and registration period are synonymous; the registration year is, therefore, determined by the birth date of the owner. The legislative intent is that a registration period or year must commence on the birth month of the owner; therefore, when there is a new owner, a new registration period begins, based on the birth month of the new owner. OAG 83-47 .

The termination of a registration period is marked by the occurrence of either one of two contingencies whichever happens first: the birth month of the owner of the vehicle or the transfer of ownership of the vehicle; under this interpretation, the new owner is not entitled to be credited with the unexpired time of the previous owner’s registration. OAG 83-47 .

The Transportation Cabinet must assess registration fees on vehicle transfers in accordance with statutory requirements and may not credit the new owner with the unexpired time on the registration plate. OAG 83-47 .

A registration for greater than 12 months constitutes a single registration; therefore, even though a registration year should exceed 12 calendar months, the clerk is not entitled to more than a $2.00 fee. OAG 83-76 .

Research References and Practice Aids

Kentucky Law Journal.

Notes, Vehicular Registration in Kentucky: A Remnant of the Horse and Buggy Age, 69 Ky. L.J. 124 (1980-81).

186.052. License fee for driveaway operations — Tags. [Repealed]

HISTORY: Enact. Acts 1966, ch. 139, § 22; 1988, ch. 49, § 1, effective July 15, 1988; 1996, ch. 174, § 4, effective July 15, 1996; repealed by 2015 ch. 19, § 45, effective June 24, 2015.

Compiler's Notes.

This section (Enact. Acts 1966, ch. 139, § 22; 1988, ch. 49, § 1, effective July 15, 1988; 1996, ch. 174, § 4, effective July 15, 1996) was repealed by Acts 2014, ch. 19, § 45, effective June 24, 2015.

186.053. License for dealer-demonstrator trucks or tractors — Fee — Tags.

  1. Every dealer in motor trucks or tractors to be used in combination with semitrailers who engages in the practice of transporting property for demonstration purposes shall pay to the Department of Vehicle Regulation an annual tax based on the gross weight of the motor vehicle so demonstrated an amount equal to one-half (1/2) the registration fee imposed by KRS 186.050(3). The Department of Vehicle Regulation shall issue a metal license plate designated “dealer demonstration.” The use of such tag shall be limited to demonstration purposes, and the tag may be transferred from one vehicle to another. The Department of Vehicle Regulation may adopt regulations governing the use and transfer of such license tags.
  2. Vehicles used for demonstration and displaying the tag issued hereunder shall not be required to display dealer tags which may be required under the provisions of KRS 186.070 .

History. Enact. Acts 1966, ch. 139, § 23.

186.054. Taxicab license fees — City licenses. [Renumbered KRS 186.281.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 139, § 21(4) and (5)) was recompiled as KRS 186.281 (4) and (5).

186.055. Extra registration fees for trucks having gross weight in excess of 18,000 pounds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 15, § 4; 1950, ch. 63, § 58; 1954, ch. 188, § 13; 1956 (2nd Ex. Sess.), ch. 5, § 2; 1958, ch. 70, § 25; 1960, ch. 254, § 1; 1962, ch. 62, § 5; 1964, ch. 95, § 2) was repealed by Acts 1966, ch. 139, § 33.

186.056. Refund of portion of extra weight fees when ownership and use of vehicle are changed; refund or credit when use permanently discontinued.

  1. Whenever the ownership of a vehicle which has been registered at a declared gross weight in excess of 18,000 pounds under KRS 186.050 is changed, a refund of that portion of the tax paid allocable to the remainder of the unexpired period for which the tax was paid may be refunded as provided for destroyed vehicles in KRS 186.120(1) and in accordance with regulations adopted hereunder.
  2. In the event a vehicle is registered in accordance with KRS 186.050(11), the seller may obtain a refund of the portion of the tax which he had theretofore paid allocable to the remaining complete quarters of the unexpired period for which the tax was paid in the same manner as provided for destroyed vehicles in KRS 186.120 , and in accordance with regulations adopted hereunder.
  3. In the event the use of a vehicle which has been registered according to the terms of any proportional registration agreement pursuant to the provisions of KRS 186.050(13), is permanently discontinued by the registrant, a refund of that portion of the tax which the registrant had heretofore paid to the department, allocable to the remaining complete months of the unexpired period for which the tax was paid may be made to the registrant or a credit of that portion of the tax paid allocable to the remainder of the unexpired period for which the tax was paid may be applied toward the registration of any other vehicle during the current registration period by the registrant. The department shall have the authority to promulgate regulations regarding such refunds or credits.

History. Enact. Acts 1948, ch. 57, § 3; 1966, ch. 139, § 6; 1974, ch. 74, Art. IV, § 20(2); 1974, ch. 90, § 1; 1990, ch. 113, § 1, effective April 1, 1991.

Opinions of Attorney General.

The refund provisions of this section would not apply in the case of a stolen vehicle. OAG 72-769 .

186.057. Additional fee for trucks used to haul coal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 373, § 6, effective July 13, 1984) was repealed by Acts 1986, ch. 498, § 8, effective April 1, 1987.

186.0571. Surtax exemption. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 373, § 11, effective July 13, 1984; 1986, ch. 174, § 19, effective July 1, 1986) was repealed by Acts 1986, ch. 498, § 8, effective April 1, 1987.

186.058. Special provision for coal trucks. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 254, § 4; 1962, ch. 96, § 2) was repealed by Acts 1966, ch. 139, § 33.

186.059. Operation of overweight commercial vehicle — Ineligibility for exemption — Department hearing — Appeal.

  1. Operation of a commercial vehicle at a gross weight in excess of the declared gross weight at which such vehicle is registered under subsection (8), (9), or (10) of KRS 186.050 , shall make any owner or operator, otherwise entitled to a reduced fee set out in those subsections ineligible for same for the entire license year.
  2. The department, upon receipt of information substantiated by affidavit, that any owner or operator is operating a motor vehicle in excess of the gross weight at which it is registered under subsection (8), (9), or (10) of KRS 186.050 , may issue notice to the owner or operator advising that he is ineligible for the reduced fee or, that the privilege is revoked for the current license year. Within thirty (30) days of the date of the issuance of the notice, any affected owner or operator may request a hearing to be conducted in accordance with the provisions of KRS Chapter 13B. Failure to request a hearing within thirty (30) days of the date of the issuance of the notice shall make the ruling absolute, and the owner or operator shall be liable for the payment of the fees applicable under KRS 186.050 (3) for the entire license year.
  3. If a hearing is requested in accordance with the provisions of subsection (2) of this section, the owner or operator shall not be entitled to the reduced fee during the interim between the application for hearing and the department’s final order, unless he shall file with the department a bond in the amount of five hundred dollars ($500) per vehicle to be applied to the payment of any taxes which the department, as a result of the hearing, may determine are due the Commonwealth.
  4. The question for determination at any hearing held at the request of an owner or operator receiving a notice from the department shall be whether or not the owner or operator has operated a commercial vehicle in excess of the declared gross weight at which it is registered under subsection (8), (9), or (10) or KRS 186.050 . The burden of proof shall be upon the department to show such unlawful operation. Any final order of the department shall be subject to appeal to the Franklin Circuit Court in accordance with KRS Chapter 13B, and any bond posted with the department shall be held pending the judgment of the highest court to which the matter is appealed.

History. Enact. Acts 1962, ch. 96, § 3; 1966, ch. 139, § 7; 1996, ch. 318, § 69, effective July 15, 1996.

186.060. Motor vehicles leased or owned by governmental units or emergency and ambulance vehicles operated by nonprofit corporations organized by units of government — Use of official plates on motor vehicles leased by governmental entity.

  1. Applications for registration of motor vehicles leased or owned by a county, city, urban-county, or board of education, or emergency and ambulance vehicles operated by nonprofit corporations organized by units of government in the state or by the state or federal government shall be accompanied by a statement from the head of the department of the governmental unit that leases or owns the motor vehicle, certifying that the motor vehicle is leased or owned and operated by the governmental unit. The application and statement shall be forwarded by the county clerk to the cabinet, which shall give special authority to the clerk to register it. Upon receiving that authority, the clerk shall issue a registration receipt and the official number plate described in KRS 186.240(6), and report the registration to the head of the department authorizing the registration. For his services in issuing such certificate of registration and number plate and reporting the same, the county clerk shall be entitled to a fee of three dollars ($3) in each instance, to be paid by the department upon whose authorization such license was issued.
  2. After such registration of any vehicle leased or owned by a county, city, urban-county, or board of education, or emergency and ambulance vehicles operated by nonprofit corporations organized by units of government in the state, or by the state or federal government and after issuance of such number plate for such vehicle so leased or owned, no subsequent registration or renewal of same, and no subsequent renewal of a number plate of the vehicle shall be necessary so long as the vehicle is leased or owned by the governmental unit except in the case of loss or destruction of the license plate. In the event of loss or destruction, the number plate shall be replaced in the same manner as if no plate had ever been issued.
  3. When a motor vehicle leased or owned by a county, city, urban-county, or board of education, or emergency and ambulance vehicles operated by nonprofit corporations organized by units of government in the state, or by the state or federal government is transferred or sold to another governmental unit, a new license plate shall be issued for the vehicle in the same manner as provided for in subsection (1) of this section and shall have the same effect as given to such license plates in subsection (2) of this section.
  4. No person shall use on a motor vehicle, not leased or owned by a county, city, urban-county, board of education, or emergency and ambulance vehicles operated by nonprofit corporations organized by units of government in the state, or the state or federal government, any license plate that has been issued for use on a motor vehicle leased or owned by the governmental unit.
  5. Notwithstanding the provisions of KRS 186.020 and 186.050 , a governmental entity which leases a motor vehicle may have that vehicle equipped with an official plate under this section. Upon termination of the lease agreement, if ownership of the motor vehicle does not revert to an entity allowed to use an official plate under this section, the owner of the motor vehicle shall surrender the official plates and apply for registration under the provisions of KRS 186.050 .

History. 2739g-7: amend. Acts 1946, ch. 122; 1948, ch. 126, §§ 1, 2, 3; 1964, ch. 148, § 1; 1974, ch. 72, § 1; 1986, ch. 419, § 3, effective July 15, 1986; 1990, ch. 296, § 2, effective July 13, 1990; 1990, ch. 498, § 2, effective July 13, 1990; 1994, ch. 428, § 9, effective July 15, 1994; 1996, ch. 36, § 1, effective July 15, 1996; 2013, ch. 33, § 1, effective June 25, 2013; 2021 ch. 53, § 3, effective June 29, 2021.

NOTES TO DECISIONS

Cited:

Georgetown v. Morrison, 362 S.W.2d 289, 1962 Ky. LEXIS 256 ( Ky. 1962 ).

Opinions of Attorney General.

A school board was without authority to authorize the use of its buses by a civic organization in the absence of a showing of some specific connection between the proposed trip and regular school functions. OAG 60-690 .

So long as motor vehicles are owned exclusively by a board of education they need not be re-registered after the initial registration and the license tags will be permanent. OAG 65-421 .

The LKLP Council, a private nonprofit corporation whose general objective is the social, individual, and economic growth of Leslie, Knott, Letcher and Perry Counties, is not a governmental agency as defined in this section and is not entitled to an official license tag. OAG 67-257 .

Community Action Lexington-Fayette County, Inc. (CALF) is not qualified to obtain state license plates for its vehicles. OAG 71-467 .

A city may not equip a motor vehicle with an official license if the vehicle is leased rather than purchased. OAG 73-6 .

A fire truck owned by a nonstock, nonprofit corporation for the purpose of offering fire protection, said corporation not having been created under KRS chapter 75 does not constitute a political subdivision or governmental unit and, as provided by this section, would not be entitled to a governmental license plate. OAG 73-145 .

A residential manpower center is not entitled to receive official license plates for automobiles acquired under a General Motors lending agreement and used in its driver’s education program as it is not a governmental unit and the automobiles are not owned and used exclusively by it. OAG 74-363 .

The driver education vehicles owned by an independent school district and operated exclusively for the conduct of a school program by a residential manpower center as an agency of the school district qualify for official license plates under this section. OAG 74-395 .

A governmental agency may not use official license plates on leased cars. OAG 74-456 .

KRS 186.060(4), as amended in 1996, allows federal, state, and local governmental units to use official license plates on vehicles leased or owned by them; prior opinions to the contrary are abrogated insofar as they rely on prior statutory language. OAG 12-001 , 2012 Ky. AG LEXIS 25.

Research References and Practice Aids

Cross-References.

“Cabinet” defined, KRS 186.010(1).

Kentucky Law Journal.

Notes, Economic, Social and Legal Aspects of Coal Transportation in Kentucky, 64 Ky. L.J. 601 (1975-76).

Garrison and Martin, Kentucky Commercial Motor Vehicle Transportation Tax Legislation, 33 Ky. L.J. 3 (1944).

186.061. Motor vehicles owned by nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit.

  1. Applications for registration of motor vehicles owned exclusively by any nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit shall be accompanied by a statement from the chief or assistant chief of the volunteer fire department or unit that owns the motor vehicle, certifying that the motor vehicle is exclusively owned and operated by the volunteer fire department or unit. The application and statement shall be forwarded by the county clerk to the cabinet, which shall give special authority to the clerk to register it. Upon receiving that authority, the clerk shall issue a registration receipt and the official number plate described in KRS 186.240(6), and report the registration to the head of the cabinet authorizing the registration. For his services in issuing such certificate of registration and number plate and reporting the same, the county clerk shall be entitled to a fee of three dollars ($3) in each instance, to be paid by the volunteer fire department or unit.
  2. After registration of any vehicle owned exclusively by any nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit and after issuance of a number plate for the vehicle so owned, no subsequent registration or renewal of same, and no subsequent renewal of a number plate of the vehicle shall be necessary so long as the vehicle is owned exclusively by the volunteer fire department or unit except in the case of loss or destruction of the license plate. In the event of loss or destruction, the number plate shall be replaced in the same manner as if no plate had ever been issued.
  3. When a motor vehicle owned exclusively by any nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit is transferred or sold to another nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit or another governmental unit a new license plate shall be issued for the vehicle in the same manner as provided for in subsection (1) of this section and shall have the same effect as given to such license plates in subsection (2) of this section.
  4. No person shall use on a motor vehicle, not exclusively owned by any nonprofit volunteer fire department, volunteer fire prevention unit, or volunteer fire protection unit, any license plate that has been issued for use on a motor vehicle owned by a volunteer fire department or unit.

History. Enact. Acts 1976, ch. 366, § 1; 1990, ch. 296, § 3, effective July 13, 1990; 1990, ch. 498, § 3, effective July 13, 1990; 1994, ch. 428, § 10, effective July 15, 1994; 2021 ch. 53, § 4, effective June 29, 2021.

Opinions of Attorney General.

KRS 186.020 and this section, when read together, make it mandatory for a volunteer fire protection district to register all of its motor vehicles, including fire trucks, owned exclusively by such district, and which are to operate on the public roads in Kentucky. OAG 76-454 .

186.065. State-owned vehicles — How marked — Exceptions.

  1. Every state-owned motor vehicle, except as provided in subsection (2), shall have an official license plate. Except as provided in subsections (2), (3), and (4) on one (1) door on each side of every state-owned vehicle shall be the great seal of the Commonwealth and the words “For Official Use Only.”
  2. The Department of Revenue, the Transportation Cabinet, the Justice and Public Safety Cabinet, the Public Protection Cabinet, and the Attorney General may authorize registration under KRS 186.020 and be issued regular license plates for vehicles used for investigatory purposes. The Administrative Office of the Courts may authorize registration under KRS 186.020 and be issued regular license plates for vehicles used by justices and judges of the Supreme Court and Court of Appeals.
  3. The Governor and the Lieutenant Governor may each use one (1) state-owned motor vehicle on which it shall not be necessary to have the state seal or the words “For Official Use Only.”
  4. The Justices and Judges of the Supreme Court and Court of Appeals may each use state-owned motor vehicles on which it shall not be necessary to have the state seal or the words “For Official Use Only.”

History. Enact. Acts 1968, ch. 23, §§ 1, 2, 3; 1974, ch. 74, Art. IV, § 20(7); 1990, ch. 28, § 2, effective July 13, 1990; 2005, ch. 133, § 10, effective June 20, 2005; 2010, ch. 24, § 234, effective July 15, 2010.

Opinions of Attorney General.

Subsection (2) of this section providing regular licensing of state vehicles and nonmarking does not apply to the office of auditor of public accounts. OAG 76-374 .

Research References and Practice Aids

Cross-References.

Motor vehicles, purchase for state use; license plates; markings; regulations, KRS 44.045 .

186.067. Publicly owned vehicles, how marked — Exceptions.

  1. All publicly owned vehicles shall be properly identified by an insignia on one (1) door on each side of every such vehicle.
  2. Such insignia shall not be less than twelve (12) inches in width and not less than twenty-one (21) inches in length, of a design so chosen by the legislative body of the state, county, or city in the Commonwealth of Kentucky.
  3. The legislative body may designate a separate insignia for each division, department, agency, bureau or any other authority as may come under their jurisdiction within the state, county or city within the Commonwealth of Kentucky.
  4. Publicly owned vehicle, as used in this section, means any vehicle paid for with public funds and used by an elected or appointed official or employee of the state, county or city within the Commonwealth of Kentucky.
  5. Nothing in this section shall be construed to abrogate the provisions of KRS 44.045 and 186.065 .
  6. The legislative body of any county or city may exempt from the provisions of this section any vehicle used for investigatory purposes.

History. Enact. Acts 1972, ch. 186, § 1.

Opinions of Attorney General.

This section applies to vehicles belonging to school districts and the state board of education (now state board for elementary and secondary education) is the appropriate agency to designate the required insignia for vehicles belonging to school districts. OAG 72-295 .

A city council may enact an ordinance exempting certain vehicles used for investigation from being labeled. OAG 73-6 .

Although all publicly owned vehicles, whether owned by the state, county, city or school districts must be labeled as publicly owned, such vehicles used by a school district for investigatory purposes can be exempted from the labeling requirement by authorization of the city council or the fiscal court. OAG 73-122 .

186.068. Transit tag for transporting motor vehicle out of state — Administrative regulations — Exclusion of motor vehicle dealers and distributors.

  1. Individual sellers or owners of motor vehicles that would ordinarily be registered under KRS 186.050(3) may obtain a transit tag from the Transportation Cabinet in order to transport the motor vehicle out of state. The fee for each transit tag issued shall be five dollars ($5).
  2. A transit tag issued under this section shall be issued only for a motor vehicle which is ineligible for:
    1. Registration under KRS 186.050 ; or
    2. Temporary registration under KRS 186A.100 .
  3. The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish application forms and procedures for the issuance of transit tags. The application for a transit tag under this section shall be accompanied by proof of vehicle ownership and proof of insurance coverage in compliance with KRS 304.39-080 .
  4. A transit tag issued under this section shall be placed on a motor vehicle in the same manner as a regular license plate.
  5. Transit tags issued under this section shall expire fifteen (15) days from the date of issuance, and shall be designed in a manner that clearly identifies the expiration date on the face of the tag in a tamper-resistant manner.
  6. This section shall not apply to motor vehicle dealers or distributors licensed under KRS Chapter 190.

History. Enact. Acts 2013, ch. 34, § 1, effective January 1, 2014.

186.070. Registration of manufacturers and dealers — Dealer’s plates and stickers — Names of drivers authorized to use dealer’s plates to be available to law enforcement agencies — Revocation of licenses — Appeal.

    1. Every manufacturer of, or dealer in, motor vehicles in this state shall register with each county clerk in which his or her principal office or place of business and branch office, sub-agent, or agency is located, and pay an annual registration fee of twenty-five dollars ($25) to each clerk. (1) (a) Every manufacturer of, or dealer in, motor vehicles in this state shall register with each county clerk in which his or her principal office or place of business and branch office, sub-agent, or agency is located, and pay an annual registration fee of twenty-five dollars ($25) to each clerk.
    2. Upon receipt of the twenty-five dollar ($25) fee, the clerk shall issue the manufacturer or dealer a certificate of registration and one (1) dealer plate. Every manufacturer or dealer registered under this section shall be furnished additional dealer’s plates upon the payment of fourteen dollars and fifty cents ($14.50) for each additional plate requested. Three dollars ($3) shall be retained by the clerk for each additional plate issued.
    3. A motor vehicle bearing dealer’s plates may be used on the highways only by the following people:
      1. A licensed dealer, bona fide salesman, or employee of the dealer;
      2. A manufacturer or dealer licensed pursuant to the laws of this state transporting a motor vehicle to his or her place of retail business from a manufacturer or wholesale dealer in motor vehicles; and
      3. A bona fide customer of a licensed dealer, or the customer’s employees when a motor vehicle is being demonstrated. This provision shall be limited to one (1) trip or demonstration to the same prospective customer.
    4. License plates issued under this section shall annually expire on December 31.
    5. As used in this section, “bona fide salesman or employee” means a licensed salesman, or an employee, who is actively engaged in and devotes a substantial part of his or her time to the conduct of the dealer business.
    6. A vehicle bearing a dealer plate, except when the vehicle is being transported to a dealer’s place of business from a manufacturer, shall have, in the case of a new motor vehicle, a “monroney” sticker attached to the vehicle, or, in the case of a used motor vehicle, a Federal Trade Commission buyer’s guide sticker attached to the vehicle.
    1. Each manufacturer and dealer when making application for dealer’s plates shall file a verified statement on at least a quarterly basis with the county clerk, giving the name, address, and Social Security number of each dealer, and each bona fide salesman or employee entitled to the use of the plates for demonstration purposes only. When any bona fide registered salesman or employee is no longer employed by the manufacturer or dealer, the manufacturer or dealer shall file an amended verified statement with the clerk stating that fact, and when any additional salesmen or employees are employed, an amended verified statement showing their names and addresses shall be filed with the clerk so that the records in the clerk’s office will at all times show the bona fide salesmen and employees actually in the service of the registered dealer or manufacturer; (2) (a) Each manufacturer and dealer when making application for dealer’s plates shall file a verified statement on at least a quarterly basis with the county clerk, giving the name, address, and Social Security number of each dealer, and each bona fide salesman or employee entitled to the use of the plates for demonstration purposes only. When any bona fide registered salesman or employee is no longer employed by the manufacturer or dealer, the manufacturer or dealer shall file an amended verified statement with the clerk stating that fact, and when any additional salesmen or employees are employed, an amended verified statement showing their names and addresses shall be filed with the clerk so that the records in the clerk’s office will at all times show the bona fide salesmen and employees actually in the service of the registered dealer or manufacturer;
    2. The names of each dealer and each bona fide salesman and employee shall be entered by the clerk into the AVIS where it will be readily available to law enforcement agencies. The information shall be entered by the clerk immediately after each quarterly filing of the verified statement by the dealer;
    3. Any person who is hired as a driver by a motor vehicle dealer for the limited, specific purpose of transporting a motor vehicle to or from that dealer’s place of business may, for that purpose only, operate a motor vehicle bearing a dealer plate. For the purpose of that operation, the dealer shall provide to that driver a permit, provided by the Transportation Cabinet. The permit shall be valid for five (5) days from the date of issuance. A fee shall not be charged for the permit.
  1. The license of any dealer or manufacturer may be revoked by the Transportation Cabinet for the violation of any of the provisions of this section. The manufacturer or dealer shall be given an opportunity to be heard in defense of the charge that he or she has violated any of the provisions of this section, and the Transportation Cabinet shall promulgate administrative regulations governing the revocation procedure. A manufacturer or dealer whose license is revoked may appeal the revocation to the Board of Tax Appeals pursuant to KRS 49.220 . The manufacturer or dealer whose license has been suspended shall be prohibited from engaging in the business of selling or buying motor vehicles. The license of any manufacturer or dealer shall be revoked for a period of one (1) year and his or her dealer’s plates canceled if he or she violates any of the provisions of this section during this suspension period or has been suspended by the cabinet more than twice for violations of this section. At the end of the revocation or suspension period, the manufacturer or dealer whose license has been revoked or suspended and dealer’s plates canceled may follow the provisions of this section and again be registered and secure dealer’s plates from the clerk.
  2. The Transportation Cabinet shall be responsible for the issuance and cancellation of the plates provided for in this section, and the motor vehicle commission shall be responsible for the enforcement of this section, except for the normal responsibilities of law enforcement agencies. The cabinet may promulgate administrative regulations pertaining to the administration of this section.

HISTORY: 2739g-6: amend. Acts 1950, ch. 190, § 3; 1960, ch. 186, Art. IV, § 10; 1962, ch. 62, § 6; 1964, ch. 141, § 31; 1968, ch. 40, pt. 4, § 3; 1970, ch. 173, § 1; 1974, ch. 74, Art. IV, § 20(9); 1976, ch. 133, § 6; 1986, ch. 431, § 10, effective July 15, 1986; 1994, ch. 84, § 1, effective July 15, 1994; 1994, ch. 428, § 11, effective July 15, 1994; 2017 ch. 74, § 91, effective June 29, 2017; 2021 ch. 185, § 81, effective June 29, 2021.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 84 and 428. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 428, which was last enacted by the General Assembly, prevails under KRS 446.250 .

NOTES TO DECISIONS

1.Application.

KRS 382.675 does not require that motor vehicles in a dealer’s inventory be registered (licensed under the provisions of this chapter). Lincoln Bank & Trust Co. v. Queenan, 344 S.W.2d 383, 1961 Ky. LEXIS 223 ( Ky. 1961 ).

Circuit court erred in affirming a decision of the Kentucky Motor Vehicle Commission, which concluded that a licensed motor vehicle dealer made improper use of a dealer license plate because a pickup truck was in use by a dealership employee for the necessary operation and in furtherance of the dealer's business; the vehicle originally displayed the required Federal Trade Commission buyer's guide sticker, it had been temporarily removed;, and it had been promptly restored to view. Bruce Walters Ford Lincoln Kia v. Ky. Motor, Vehicle, 527 S.W.3d 825, 2017 Ky. App. LEXIS 444 (Ky. Ct. App. 2017).

Statutes and administrative regulations pertaining to dealer plates permit unregistered vehicles to be operated on Kentucky's highways only by specified persons, for limited purposes, and, in some instances, for limited periods; when vehicles bearing dealer plates are operated by non-salesperson dealer employees, operation of the vehicles is limited to testing the mechanical operation of the vehicle, transport of the vehicle to or from the dealer's place of business. Bruce Walters Ford Lincoln Kia v. Ky. Motor, Vehicle, 527 S.W.3d 825, 2017 Ky. App. LEXIS 444 (Ky. Ct. App. 2017).

Where the vehicle's use is expanded to include furtherance of some other of the dealer's business, its operation is limited to the dealer's business hours; there is no restriction that a non-salesperson employee may use the vehicle only with the intent of offering or advertising the vehicle for sale to the public. Bruce Walters Ford Lincoln Kia v. Ky. Motor, Vehicle, 527 S.W.3d 825, 2017 Ky. App. LEXIS 444 (Ky. Ct. App. 2017).

Opinions of Attorney General.

A used car dealer who operates a motor vehicle bearing dealer’s license to travel to other places to buy cars for resale and uses the car with dealer’s plates for towing is violating the statute. OAG 61-177 . Now see OAG 78-574 .

A used car dealer who operates a motor vehicle bearing dealer’s license to travel to other places to buy cars not for resale and uses the car with dealer’s plates for towing is violating the statute. OAG 61-177 . Now see OAG 78-574 .

To determine whether a bank or finance company is a “dealer” needing a license and a dealer’s registration tag in disposing of automobiles on which there is a deficiency the definition in former KRS 139.110(1)(c) (see now KRS 139.010 ) was used. OAG 62-954 .

Automobiles can only be operated on the highways by a dealer with dealer’s tags for demonstration purposes in connection with the sale of such motor vehicle or to transport a vehicle over the highway from a manufacturer or wholesaler to the retailer’s place of business. OAG 62-1152 . Now see OAG 78-574 .

Salesmen who use cars assigned to them as demonstrators are not permitted to operate such cars on dealer’s tags on the salesmen’s own business and pleasure. OAG 62-1152 . Now see OAG 78-574 .

The statute precludes the use of a vehicle by a dealer’s family with dealer plates attached. OAG 62-1152 . Now see OAG 78-574 .

Where a bank made a loan on a house trailer and recorded the financing statement but did not present a registration certificate for the lien to be recorded on, if a subsequent loan is made by another and the registration receipt is presented the first loan is classified as the first mortgage against the trailer. OAG 64-563 .

Where a bank made a loan on a house trailer and recorded the financing statement but did not present a registration certificate for the lien to be recorded on, if at a later date the registration receipt for the house trailer is presented for recording in that county the lien information should be recorded on such receipt. OAG 64-563 .

Motor carriers licensed pursuant to this section are subject to the tax imposed by KRS 138.660 . OAG 70-345 .

A dealer or his bona fide employe may use dealer’s plates on a vehicle which is being used for transporting and selling automobiles, but which is not being held for immediate resale. OAG 78-574 ; modifying OAG 61-177 .

A used car dealer or his duly authorized employe, who is properly registered and identified, may operate a vehicle bearing dealer’s plates to travel for the purpose of purchasing additional vehicles for resale or for the purpose of towing automobiles purchased back to his place of business. OAG 78-574 ; modifying OAG 61-177 .

A dealer may legally use a car bearing dealer’s plates, where the car is being used generally in connection with his business, for general family purposes since he or she, as a licensed dealer, may use such a vehicle at all times, but members of the dealer’s family could not legally drive the car since they are not within the category of those for whom general use of a car bearing dealer’s tags is permissible. OAG 78-574 ; modifying OAG 62-1152 .

A licensed dealer is not required to use cars bearing dealer’s plates only in the course of his business. OAG 78-574 ; modifying OAG 62-1152 .

Salespersons may use demonstrators assigned to them for their own business and pleasure. OAG 78-574 ; modifying OAG 62-1152 .

Research References and Practice Aids

Kentucky Law Journal.

Garrison and Martin, Kentucky Commercial Motor Vehicle Transportation Tax Legislation, 33 Ky. L.J. 3 (1944).

Whiteside, Lewis, Kentucky’s Commercial Code — Some Initial Problems in Security, The Lincoln Bank Case, 50 Ky. L.J. 61 (1961).

186.072. Commercial motor vehicle temporary registration placard — Application process — Uses — Record of use — Activation.

  1. For the purposes of this section, “motor truck” and “truck tractor” shall have the same meaning as established in KRS 189.010 .
  2. Any manufacturer, dealer, or distributor engaged in the business of manufacturing, selling, or customizing truck tractors or motor trucks may obtain a commercial motor vehicle temporary registration placard from the Department of Vehicle Regulation. The fee for each placard shall be one hundred dollars ($100) per placard and each applicant shall specify the number of placards to be issued. A company may make additional requests for temporary placards at any time it exhausts the placards supplied by the department.
  3. The commissioner shall prescribe the application form for the commercial vehicle temporary registration placard, require each applicant to submit proof of eligibility to receive the placard, and certify that the applicant has need of the placard in the ordinary course of business, and may request other information as part of the application process.
  4. The commercial vehicle temporary registration placard shall be placed on a truck tractor or motor truck in the same manner as a regular license plate. The temporary placard shall be issued if a permanent registration issued pursuant to KRS 186.050 or temporary registration issued pursuant to KRS 186A.100 cannot be obtained.
  5. The use of a commercial vehicle temporary placard shall be limited to the following activities:
    1. A demonstration of the truck tractor or motor truck to a prospective purchaser;
    2. The transportation of the truck tractor or motor truck to a facility engaged in the customizing of a motor vehicle for eventual use on the highway;
    3. The transportation of the truck tractor or motor truck to a trade show or other activity designed to promote the selling of the product; or
    4. The transportation of the truck tractor or motor truck by a purchaser to a location outside Kentucky, provided that the truck tractor or motor truck is not eligible to be registered in Kentucky.
  6. Each manufacturer, dealer, or distributor receiving the temporary placards shall maintain a record of use for each temporary placard to include the following:
    1. The make and model of each motor vehicle and the vehicle identification number or other identification number of each vehicle on which a placard is used;
    2. The date the placard was issued and the registration number of the placard;
    3. The address of the final destination and reason for movement of the truck tractor or motor truck receiving the temporary placard; and
    4. A record of insurance coverage or a binder for insurance coverage issued to the recipient of the temporary placard.
  7. A commercial vehicle temporary placard shall not be activated until it is placed upon the truck tractor or motor truck and used in a manner as authorized by subsection (5) of this section. The commercial vehicle temporary placard shall expire thirty (30) days after it is activated and placed in use on a truck tractor or motor truck and shall be designed in a manner that an expiration date shall be noted clearly on the face of the placard.

History. Enact. Acts 2008, ch. 176, § 1, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). 2000 While the lead-in language for this statute in 2008 Ky. Acts ch. 176, sec. 1 provided that “A NEW SECTION KRS 186 (sic) IS AMENDED TO READ AS FOLLOWS:” it is clear that a new statute was actually being created and the Reviser of Statutes has codified it as such to effectuate that intent.

186.073. Commercial trailer temporary registration placard — Application process — Uses — Record of use — Activation.

  1. For the purposes of this section, “semitrailer” and “trailer” shall have the same meaning as established in KRS 186.650 .
  2. Any manufacturer, dealer, or distributor engaged in the business of manufacturing, selling, or customizing commercial semitrailers or commercial trailers may obtain a commercial trailer temporary registration placard from the Department of Vehicle Regulation. The fee for each placard shall be five dollars ($5) per placard and each applicant shall specify the number of placards to be issued. A company may make additional requests for temporary placards at any time it exhausts the placards supplied by the department.
  3. The commissioner shall prescribe the application form for the commercial trailer temporary registration placard, require each applicant to submit proof of eligibility to receive the placard, and certify that the applicant has need of the placard in the ordinary course of business, and may request other information as part of the application process.
  4. The commercial trailer temporary registration placard shall be placed on a semitrailer or trailer in the same manner as a regular trailer license plate. The temporary placard shall be issued if a permanent registration issued pursuant to KRS 186.655 cannot be obtained.
  5. The use of a commercial trailer temporary registration placard shall be limited to the following activities:
    1. A demonstration of the semitrailer or trailer to a prospective purchaser;
    2. The transportation of the semitrailer or trailer to a facility engaged in the customizing of a motor vehicle for eventual use on the highway;
    3. The transportation of the semitrailer or trailer to a trade show or other activity designed to promote the selling of the product;
    4. The transportation of the semitrailer or trailer by a purchaser to a location outside Kentucky, provided that the semitrailer or trailer is not eligible to be registered in Kentucky; or
    5. Transportation of a trailer or semitrailer from the manufacturer to a place of business in Kentucky in order to obtain a permanent registration issued pursuant to KRS 186.655 .
  6. Each manufacturer, dealer, or distributor receiving the temporary placards shall maintain a record of use for each temporary placard to include the following:
    1. The make and model of each semitrailer or trailer and the vehicle identification number or other identification number of each vehicle on which a placard is used;
    2. The date the placard was issued and the registration number of the placard; and
    3. The address of the final destination and reason for movement of the semitrailer or trailer receiving the temporary placard.
  7. A commercial trailer temporary registration placard shall not be activated until it is placed upon the semitrailer or trailer and used in a manner as authorized by subsection (5) of this section. The commercial trailer temporary registration placard shall expire thirty (30) days after it is activated and placed in use on a semitrailer or trailer and shall be designed in a manner that an expiration date shall be noted clearly on the face of the placard.

History. Enact. Acts 2008, ch. 176, § 2, effective July 15, 2008.

Legislative Research Commission Note.

(7/15/2008). 2000 While the lead-in language for this statute in 2008 Ky. Acts ch. 176, sec. 1 provided that “A NEW SECTION KRS 186 (sic) IS AMENDED TO READ AS FOLLOWS:” it is clear that a new statute was actually being created and the Reviser of Statutes has codified it as such to effectuate that intent.

186.074. Temporary permits. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 186, Art. IV, § 13; 1974, ch. 74, Art. IV, § 20(9); 1974, ch. 100, § 1; 1978, ch. 434, § 8, effective June 17, 1978; 1980, ch. 276, § 1, effective July 15, 1980) was repealed by Acts 1982, ch. 164, § 69, effective July 15, 1982.

186.076. Revocation of license for failure to transfer registration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 186, Art. IV, § 12; 1964, ch. 141, § 32; 1966, ch. 139, § 8) was repealed by Acts 1986, ch. 431, § 19, effective July 15, 1986.

186.080. “In-transit” license plates. [Repealed.]

Compiler’s Notes.

This section (2739g-6) was repealed by Acts 1950, ch. 190, § 4.

186.090. Driveaway licenses — Application — Fees. [Repealed.]

Compiler’s Notes.

This section (2739g-103; 2739g-104) was repealed by Acts 1950, ch. 63, § 57.

186.100. Towing vehicles — Financial liability — Equipment — Speed. [Repealed.]

Compiler’s Notes.

This section (2739g-104) was repealed by Acts 1950, ch. 63, § 57.

186.110. Interchangeable bodies — Fees.

  1. If a person owns a motor vehicle which has interchangeable bodies for same so that at one time the motor vehicle may be classed as a passenger automobile and at another time as a truck, has registered same as a passenger automobile, he shall, before using it as a truck, pay the registration fee required for trucks in KRS 186.050 . In such case the owner shall be allowed credit for the unearned portion of the passenger registration fee on the truck registration fee.
  2. A passenger automobile shall be construed to have been converted into a truck when the change is such as to enable same to be used as a commercial vehicle.

History. 2739g-3: amend. Acts 1942, ch. 78, §§ 3, 8.

186.115. Registration of vehicle assembled from parts of wrecked or salvaged motor vehicles.

When the owner of a motor vehicle which has been assembled from parts from wrecked or salvaged motor vehicles presents such a vehicle for registration, he or she shall submit an affidavit and any invoices showing the purchase of such parts to either the county clerk or the Kentucky Transportation Cabinet’s central office in Frankfort. The county clerk shall forward all applications received to the Transportation Cabinet. The cabinet will either authorize or prohibit the registration of the vehicle.

History. Enact. Acts 1976, ch. 133, § 18; 1978, ch. 384, § 332, effective June 17, 1978; 2013, ch. 35, § 1, effective June 25, 2013.

186.120. Refund of portion of fee when motor vehicle destroyed.

  1. If any motor vehicle other than a commercial vehicle upon which the license tax has been paid is destroyed by fire or accident, so that the vehicle is rendered entirely useless the owner shall be entitled to have refunded to him a part of the license fee paid by him proportionate to the registration period for which the license was granted.
  2. If any commercial vehicle upon which the license tax has been paid is destroyed by fire or accident so that the vehicle is rendered entirely useless the owner is entitled to have refunded to him that portion of the tax which he had theretofore paid allocable to the remaining complete quarters of the unexpired period for which the tax was paid.
  3. To obtain the refund, the owner whose motor vehicle has been destroyed shall apply to the Transportation Cabinet, submitting his affidavit and the affidavits of two (2) reputable persons, attesting to the fact that the vehicle has been destroyed, and the manner of destruction, and shall return the original license plates to the Transportation Cabinet. The Transportation Cabinet shall examine all applications and investigate the claims for refund, and if a claim is found to be correct, it shall approve it for payment, whereupon the Finance and Administration Cabinet shall draw a warrant upon the State Treasurer in favor of the owner of the destroyed vehicle, and charge the amount of it to the state road fund.

History. 2739g-2e, 2739g-2f: amend. Acts 1962, ch. 62, § 7; 1966, ch. 139, § 9; 1974, ch. 74, Art. II, § 9(1); 1974, ch. 74, Art. IV, § 20(9); 1976, ch. 133, § 7.

Research References and Practice Aids

Kentucky Law Journal.

Garrison and Martin, Kentucky Commercial Motor Vehicle Transportation Tax Legislation I, 33 Ky. L.J. 3 (1944).

186.130. Proportionate fees for commercial vehicle operated after registration year began.

If any person offers a commercial vehicle for registration after April 1 of any year by reason of not having operated such vehicle on the public highways after April 1 of that year, the registration fee shall be as many twelfths of the annual fee as there are unexpired months in the registration year.

History. 2739g-4: amend. Acts 1966, ch. 139, § 10; 1976, ch. 133, § 8; 1978, ch. 239, § 6, effective June 17, 1978; 1990, ch. 113, § 2, effective April 1, 1991; 1996, ch. 97, § 3, effective July 15, 1996.

186.140. Reciprocity for nonresidents.

Except as provided in KRS 281.835 and 281.836 , a nonresident owner, from a state not requiring registration of nonresidents temporarily in it, who has complied with the laws of the state of his residence relating to registration of motor vehicles, and who displays the requisite plates and holds the requisite receipt or certificate of registration as required by his resident state, shall be exempt from registration in this state for the same period of time as is granted to nonresident owners by the laws and regulations of his state. Registration in any other state shall not relieve any owner resident in this state from the penalties provided in KRS 186.990 .

History. 2739g-5: amend. Acts 1970, ch. 57, § 3.

NOTES TO DECISIONS

1.Constitutionality.

Exemption of law from registration and license taxes in state of nonresidents who had complied with similar domiciliary law containing reciprocity provisions, did not violate Constitution, notwithstanding a portion of the law provided that cities of certain classes could levy license taxes upon resident owners for city purposes. Newport v. Merkel Bros. Co., 156 Ky. 580 , 161 S.W. 549, 1913 Ky. LEXIS 478 ( Ky. 1913 ) (decided under prior law).

2.Construction.

This section embraces registration and licensing of, and granting of permits and certificates to, nonresident owners of motor vehicles, whether used privately or commercially. Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 ( Ky. 1941 ).

This section is to be read into and with all other statutes regulating and licensing motor vehicles, giving consideration to the exemptions in each and the absence of reference to this section. Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 ( Ky. 1941 ).

3.Application.

The exemption applies only to nonresidents temporarily operating in Kentucky. Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 ( Ky. 1941 ).

4.Police Measure.

This section is a police measure, not a revenue measure. Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 ( Ky. 1941 ).

5.Temporarily Within.

“Temporarily within” refers to occasional, casual, infrequent or transitory trips into Kentucky. Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 ( Ky. 1941 ).

6.Reciprocity Agreements.

Reciprocity agreements do not have the force of law; they can merely state the law and its interpretation. Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 ( Ky. 1941 ).

7.Service of Process.

Law providing for service of process on secretary of state and whose purpose was to relieve injured person of hardship of following nonresident motorist into other jurisdiction, applies to nonresident having Kentucky license, and not merely to nonresident temporarily within this state and operating under this section. Mann v. Humphrey's Adm'x, 257 Ky. 647 , 79 S.W.2d 17, 1935 Ky. LEXIS 85 ( Ky. 1935 ).

8.License Tax for Use of Streets.

Ordinance imposing license tax upon persons using vehicles on streets was invalid as to nonresident who had complied with domiciliary law which exempted from license tax in the state nonresidents who had complied with similar domiciliary law requiring licenses, registration, and numbering of vehicles. Newport v. Merkel Bros. Co., 156 Ky. 580 , 161 S.W. 549, 1913 Ky. LEXIS 478 ( Ky. 1913 ) (decided under prior law).

Opinions of Attorney General.

No officer, agent or employe of the Commonwealth has authority to confiscate license plates issued by another state to a person who drives a car bearing those plates into Kentucky regardless of the fact that the person’s driver’s license was revoked by the Commonwealth of Kentucky. OAG 60-1055 .

Workers who have established residence in Michigan and are maintaining it in that state even though they return to Kentucky temporarily are only visitors in Kentucky, and are not required to register their automobiles in this state for the period of time as is granted to nonresidents of the state of Michigan. OAG 72-226 .

A resident of another state who has complied with the motor vehicle registration laws of his state of residence may operate a motor vehicle on the highways of Kentucky while in the state attending school. OAG 74-672 .

There is no statute which requires the sheriff to have someone in his office at all times, when it is open, for the purpose of inspecting out-of-state cars for licensing in Kentucky. The providing of a deputy or deputies to enforce such licensing law is left to the sound discretion of the sheriff, considering the number of his deputies and the total statutory functions of his office. OAG 82-460 .

Research References and Practice Aids

Cross-References.

Reciprocal exemptions for nonresident motor carriers operating in interstate commerce, KRS 281.835 .

Suspension for nonpayment of judgment — Exception, KRS 187.410 .

Kentucky Law Journal.

Garrison and Martin, Tax Impediments to Interstate Motor Vehicle Transportation, 33 Ky. L.J. 213 (1945).

186.145. Registration of nonresident by use of copy of registration or title document.

Any motor vehicle properly registered and titled in another state belonging to a nonresident, which vehicle is required to be registered in this state by reason of lack of reciprocal agreement with the state in which it is registered, or by reason of not qualifying for reciprocity under an existing reciprocal agreement with the state in which it is registered, may be registered with the county clerk by presenting a photostat or certified copy of the registration receipt or certificate of title issued to the nonresident in his home state. The registration receipt issued by the county clerk shall be stamped across its face with a notation prescribed by the cabinet that will indicate the registration receipt so issued cannot be used in transferring legal title to the motor vehicle. However, under regulations prescribed by the cabinet, a registration receipt so issued may be transferred to a new owner if the foreign legal title and registration is transferred in that state to the new owner. Nothing contained in this section shall release the owner of the vehicle from any tax fees or other requirements imposed by law.

History. Enact. Acts 1962, ch. 62, § 3; 1968, ch. 40, Part IV, § 4.

186.150. Residents not to use license of other states.

  1. No resident operating a motor vehicle on the highways, shall secure or license the motor vehicle in any state other than Kentucky unless so licensed in conformity with a motor vehicle reciprocal arrangement or under the international registration plan.
  2. The use of a license of any state other than Kentucky by a resident of this state on his car driven over Kentucky highways shall be prima facie evidence of guilt.

History. 2739g-5a, 2739g-5b: amend. Acts 1986, ch. 431, § 11, effective July 15, 1986.

NOTES TO DECISIONS

Cited:

Reeves v. Deisenroth, 288 Ky. 724 , 157 S.W.2d 331, 1941 Ky. LEXIS 197 , 138 A.L.R. 1493 ( Ky. 1941 ).

Opinions of Attorney General.

A person who is or becomes a resident of Kentucky must immediately apply for his automobile license and his operator’s license in this state, since there is no grace period allowed by the statute. OAG 72-226 .

Where a man claimed domicile in Ohio, but listed his address as in Kentucky on a job application and loaned his car to relatives in Kentucky, he was not required to register the car in Kentucky, since it could only be registered in one state, the state of his domicile, and domicile is a matter of intent. OAG 78-317 .

A sheriff’s department may not use an out-of-state plate on unmarked squad cars since this section prohibits a Kentucky resident from registering his vehicle out-of-state and there is no exemption for a sheriff’s department. OAG 81-421 .

There is no statute which requires the sheriff to have someone in his office at all times, when it is open, for the purpose of inspecting out-of-state cars for licensing in Kentucky. The providing of a deputy or deputies to enforce such licensing law is left to the sound discretion of the sheriff, considering the number of his deputies and the total statutory functions of his office. OAG 82-460 .

186.160. Motor numbers essential to registration — Assignment of number.

No clerk shall receive an application for registration nor register a motor vehicle, unless the motor vehicle bears a motor number or a vehicle identification number. If there is no motor number or vehicle identification number, or if the number is not plainly legible, the owner shall apply through the clerk to the Transportation Cabinet for a motor number or vehicle identification number, and when that number is assigned to the owner’s motor vehicle the owner shall cause the number to be stamped on the motor with a steel die or in the space provided by manufacturer for vehicle identification number. That number shall thereafter be used by the owner in making registration or executing a bill of sale.

History. 2739g-8: amend. Acts 1954, ch. 153, § 4; 1962, ch. 62, § 8.

186.162. Special license plates for members or supporters of certain groups and organizations — Initial and renewal fees — Combination of special license plate with personalized license plate — Special license plates for motorcycles.

  1. As used in this section and in KRS 186.043 , 186.164 , 186.166 , 186.1722 , and 186.174 :
    1. “Special license plate” means a unique license plate issued under this chapter to a group or organization that readily identifies the operator of the motor vehicle or motorcycle bearing the plate as a member of a group or organization, or a supporter of the work, goals, or mission of a group or organization. The term shall not include regular license plates issued under KRS 186.240 ;
    2. “Street rod” means a modernized private passenger motor vehicle manufactured prior to the year 1949, or designed or manufactured to resemble a vehicle manufactured prior to 1949;
    3. “SF” means the portion of an initial or renewal fee to obtain a special license plate that is dedicated for use by the Transportation Cabinet;
    4. “CF” means the county clerk’s fee for issuing a motor vehicle registration as established under KRS 186.040(1). If a CF amount is charged for a license plate listed in this section, the applicant for that plate shall also pay the fees identified in KRS 186.040(6). If a CF amount is not charged, the applicant shall not be required to pay those fees; and
    5. “EF” means the portion of an initial or renewal fee to obtain a special license plate that is mandated by this chapter to be dedicated for use by a particular group or organization.
  2. The initial purchase fee and renewal fee for a special license plate created under this chapter shall be as established in this subsection and includes the name of group or organization and the total initial and renewal fee required for the plate. The amount in parentheses indicates how the total fee is required to be divided:
    1. Disabled veterans who receive assistance to purchase a vehicle from the United States Department of Veterans’ Affairs, veterans declared by the United States Department of Veterans’ Affairs to be one hundred percent (100%) service-connected disabled, and recipients of the Congressional Medal of Honor:
    2. Former prisoners of war and survivors of Pearl Harbor:
      1. Initial Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460 2. Renewal Fee: $6 ($0 SF/$6 CF/$0 EF).
    3. Members of the Kentucky National Guard and recipients of the Purple Heart:
      1. Initial Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460 2. Renewal Fee: $11 ($0 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460
    4. Members of the Civil Air Patrol; active, retired, veteran, reserve, or auxiliary members of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; Merchant Marines who served between December 7, 1941, and August 15, 1945; recipients of the Silver Star Medal, the Distinguished Flying Cross, the Air Medal, the Combat Action Badge, the Combat Infantry Badge, or the Bronze Star Medal; persons who wish to receive Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses license plates beyond the two (2) exempted from fees under KRS 186.041(6); individuals eligible for a special military service academy license plate under KRS 186.041(8); and disabled veterans who have been declared to be between fifty percent (50%) and ninety-nine percent (99%) service-connected disabled by the United States Department of Veterans’ Affairs:
      1. Initial Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460
    5. Recipients of the Distinguished Service Cross, Navy Cross, or Air Force Cross:
      1. Initial Fee: $6 ($0 SF/$6 CF/$0 EF). 2. Renewal Fee: $6 ($0 SF/$6 CF/$0 EF).
    6. Disabled license plates:
      1. Initial Fee: $18 ($12 SF/$6 CF/$0 EF). 2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF).
    7. Historic vehicles:
      1. Initial Fee for two plates: $56 ($50 SF/$6 CF/$0 EF). 2. Renewal Fee: Do not renew annually.
    8. Members of Congress:
      1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460
    9. Firefighters:
      1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky Firefighters Association). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky Firefighters Association).
    10. Emergency management:
      1. Initial Fee: $31 ($25 SF/$6 CF/$0 EF). 2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF).
    11. Fraternal Order of Police:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Kentucky FOP Death Benefit Fund). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky FOP Death Benefit Fund).
    12. Law Enforcement Memorial:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Kentucky Law Enforcement Memorial Foundation, Inc.). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky Law Enforcement Memorial Foundation, Inc.).
    13. Personalized plates:
      1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 2. Renewal Fee: $43 ($37 SF/$6 CF/$0 EF).
    14. Street rods:
      1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF).
    15. Nature plates:
      1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to Kentucky Heritage Land Conservation Fund established under ). KRS 146.570 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to Kentucky Heritage Land Conservation Fund established under ). KRS 146.570
    16. Amateur radio:
      1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 2. Renewal Fee: $18 ($12 SF/$6 CF/$0 EF).
    17. Kentucky General Assembly:
      1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460
    18. Kentucky Court of Justice:
      1. Initial Fee: $43 ($37 SF/$6 CF/$0 EF). 2. Renewal Fee: $11 ($0 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460
    19. Masons:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Masonic Homes of Kentucky). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Masonic Homes of Kentucky).
    20. Collegiate plates:
      1. Initial Fee: $53 ($37 SF/$6 CF/$10 EF to the general scholarship fund of the university whose name will be borne on the plate). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the general scholarship fund of the university whose name will be borne on the plate).
    21. Independent Colleges:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Association of Independent Kentucky Colleges and Universities for distribution to the general scholarship funds members). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the Association of Independent Kentucky Colleges and Universities for distribution to the general scholarship funds members).
    22. Child Victims:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the child victims’ trust fund established under ). KRS 41.400 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the child victims’ trust fund established under ). KRS 41.400
    23. Kentucky Horse Council:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the Kentucky Horse Council). 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the Kentucky Horse Council).
    24. Ducks Unlimited:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to Kentucky Ducks Unlimited). 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to Kentucky Ducks Unlimited).
    25. Spay neuter:
      1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the animal control and care fund established under ). KRS 258.119 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the animal control and care fund established under ). KRS 258.119
    26. Gold Star Mothers, Gold Star Fathers, or Gold Star Spouses:
      1. Initial Fee: $0 ($0 SF/$0 CF/ $0 EF). 2. Renewal Fee: $0 ($0 SF/$0 CF/ $0 EF). 3. A person may receive a maximum of two (2) plates under this paragraph free of charge and may purchase additional plates for fees as established in subsection (2)(d) of this section.
    27. I Support Veterans:
      1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the Kentucky Department of Veterans’ Affairs). 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the Kentucky Department of Veterans’ Affairs).
    28. Gold Star Siblings, Gold Star Sons, or Gold Star Daughters:
      1. Initial Fee: $28 ($12 SF/$6 CF/$10 EF to the veterans’ program trust fund established under ). KRS 40.460 2. Renewal Fee: $23 ($12 SF/$6 CF/$5 EF to the veterans’ program trust fund established under ). KRS 40.460
    29. POW/MIA Awareness:
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF to the veterans’ program trust fund established under ). KRS 40.460 2. Renewal Fee: $28 ($12 SF/$6 CF/$10 EF to the veterans’ program trust fund established under ). KRS 40.460
    30. Special license plates established under KRS 186.164 :
      1. Initial Fee: $41 ($25 SF/$6 CF/$10 EF). 2. Renewal Fee: $41 ($25 SF/$6 CF/$10 EF).
  3. Any special license plate may be combined with a personalized license plate for a twenty-five dollar ($25) state fee in addition to all other fees for the particular special license plate established in this section and in KRS 186.164(3). The twenty-five dollar ($25) fee required under this subsection shall be divided between the cabinet and the county clerk of the county where the applicant is applying for the license plate with the cabinet receiving twenty dollars ($20) and the county clerk receiving five dollars ($5).
    1. A sponsoring organization of any special license plate issued under this section or any special license plate established under the provisions of KRS 186.164 may petition the cabinet for the production of that special license plate for motorcycles. (4) (a) A sponsoring organization of any special license plate issued under this section or any special license plate established under the provisions of KRS 186.164 may petition the cabinet for the production of that special license plate for motorcycles.
    2. Owners and lessees of motorcycles registered under KRS 186.050(2) may be eligible to receive special license plates approved by the cabinet under paragraph (a) of this subsection. Applicants for a special license plate for a motorcycle shall be required to pay the fee for a special plate as prescribed in this section or in KRS 186.164. The fee paid for the special plate for a motorcycle shall be in lieu of the registration fee required under KRS 186.050(2).

$0 ($0 SF/$0 CF/$0 EF). 2. Renewal Fee: $0 ($0 SF/$0 CF/$0 EF).

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History. Enact. Acts 2005, ch. 133, § 1, effective June 20, 2005; 2006, ch. 40, § 1, effective July 12, 2006; 2006, ch. 190, § 2, effective July 12, 2006; 2007, ch. 23, § 1, effective June 26, 2007; 2007, ch. 39, § 1, effective June 26, 2007; 2008, ch. 30, § 2, effective July 15, 2008; 2008, ch. 164, § 2, effective July 15, 2008; 2010, ch. 33, § 1, effective July 15, 2010; 2010, ch. 72, § 1, effective July 15, 2010; 2010, ch. 113, § 2, effective July 15, 2010; 2010, ch. 129, § 1, effective July 15, 2010; 2011, ch. 10, § 2, effective July 12, 2012 (see note); 2014, ch. 56, § 1, effective July 15, 2014; 2015 ch. 32, § 1, effective January 1, 2016; 2017 ch. 50, § 1, effective January 1, 2018; 2019 ch. 107, § 1, effective June 27, 2019; 2021 ch. 92, § 1, effective June 29, 2021.

Legislative Research Commission Notes.

(1/1/2015). This statute was amended by 2014 Ky. Acts chs. 56 and 91, which do not appear to be in conflict and have been codified together.

(7/12/2012). The amendment to this statute in 2011 Ky. Acts ch. 10, sec. 2, takes effect on July 12, 2012. The effective date of that amendment was subject to a contingency, but the contingency was removed in 2012. Section 5 of 2012 Ky. Acts ch. 139, which is effective July 12, 2012, repeals 2011 Ky. Acts ch. 10, sec. 4, which established the contingency. Section 6 of 2012 Ky. Acts ch. 139 states, “KRS 186.162 and 186.1722 , as created or amended by 2011 Ky. Acts ch. 10, relating to an I Support Veterans special license plate, shall be effective on the normal effective date for the legislation enacted at the 2012 Regular Session of the General Assembly.” The normal effective date for that 2012 legislation is July 12, 2012.

(6/20/2005). Under the authority of KRS 7.136 (1)(h), during codification a manifest clerical or typographical error occurring in 2005 Ky. Acts ch. 133, § 1 (2)(c)2., has been corrected by changing “OSF” to “SF” to conform with definitions for that section found in § 1(1)(c) of that Act.

186.164. Collection and distribution of special license plate fees — Design, printing, and replacement — Application process — Voluntary contribution for designated group — Administrative regulations — Audit of special license plate funds.

  1. The SF portion of the fee required under KRS 186.162 shall include the fee to reflectorize all license plates under KRS 186.240 . All EF fees required under KRS 186.162 shall be collected at the time of an initial or renewal application by the county clerk who shall forward the EF fee to the cabinet. The cabinet shall remit EF fees to the group or organization identified in KRS 186.162 on a quarterly basis. The cabinet may retain any investment income earned from holding EF fees designated to be remitted under this subsection to offset administrative costs incurred by the cabinet in the administration of EF fees.
  2. A special license plate shall be the color and design selected by the group or organization identified in subsection (13) of this section, contingent upon the approval of the Transportation Cabinet. In addition to the design selected for a special license plate, the name “Kentucky,” an annual renewal decal, and any combination of letters or numerals required by the cabinet in the design shall also appear on the plate.
  3. An actual metal special license plate shall be issued on the same schedule as regular license plates are issued under KRS 186.240 . The cabinet shall have the discretion to extend the time period that will exist between the date a metal special license plate is issued and the date that regular plates are issued under KRS 186.240 . A renewal registration decal shall be issued all other years during the owner’s or lessee’s birth month, except as provided in KRS 186.041(2) and 186.042(5). A person seeking a special license plate for a vehicle provided as part of the person’s occupation shall conform to the requirements of KRS 186.050(14).
    1. If a special license plate issued under this chapter deteriorates to the point that the lettering, numbering, or images on the face of the plate are not legible, the plate shall be replaced free of charge, if the owner or lessee has not transferred the vehicle to which the plate was issued during the current licensing period. (4) (a) If a special license plate issued under this chapter deteriorates to the point that the lettering, numbering, or images on the face of the plate are not legible, the plate shall be replaced free of charge, if the owner or lessee has not transferred the vehicle to which the plate was issued during the current licensing period.
    2. If a special license plate issued under this chapter is lost, stolen, or damaged in an accident, the county clerk shall issue a new plate upon payment of a three dollar ($3) county clerk fee, if the owner or lessee has not transferred the vehicle to which the plate was issued during the current licensing period.
  4. Upon the sale, transfer, or termination of a lease of a vehicle with any special license plate issued under this chapter, the owner or lessee shall remove the special plate and return it and the certificate of registration to the county clerk. The county clerk shall reissue the owner or lessee a regular license plate and a certificate of registration upon payment of a three dollar ($3) county clerk fee. If the owner or lessee requests, the county clerk shall reissue the special plate upon payment of a three dollar ($3) county clerk fee for use on any other vehicle of the same classification and category owned, leased, or acquired by the person during the current licensing period. If the owner or lessee has the special plate reissued to a vehicle which has been previously registered in this state, the regular license plate that is being replaced shall be returned to the county clerk who shall forward the plate to the Transportation Cabinet.
  5. A special license plate may be issued to the owner or lessee of a motor vehicle that is required to be registered under KRS 186.050(1), (3)(a), or (4)(a), except a special license plate shall not be issued to a taxicab, limousine, or U-Drive-It registered and licensed under this chapter or KRS Chapter 281. A person applying for a special license plate shall apply in the office of the county clerk in the county of the person’s residence, except as provided in KRS 186.168(3). All special license plates issued under this chapter may be combined with a personalized license plate under the provisions of KRS 186.174 . The fee to combine a special license plate with a personalized license plate shall be as established in KRS 186.162(3).
  6. Within thirty (30) days of termination from election to, appointment to, or membership with any group or organization, an applicant to whom a special license plate was issued under this chapter shall return the special license plate to the county clerk of the county of his or her residence, unless the person is merely changing his or her status with the group or organization to retired.
  7. A group wanting to create a special license plate that is not authorized under this chapter on June 27, 2019, shall comply with the following conditions before being eligible to apply for a special license plate:
    1. The group shall be nonprofit and based, headquartered, or have a chapter in Kentucky;
    2. The group may be organized for, but shall not be restricted to, social, civic, or entertainment purposes;
    3. The message to be placed on the license plate, if created, shall not discriminate against any race, color, religion, sex, or national origin, and shall not be construed, as determined by the cabinet, as an attempt to victimize or intimidate any person due to the person’s race, color, religion, sex, or national origin;
    4. The plate shall not represent a political party and shall not have been created primarily to promote a specific political belief;
    5. The plate shall not have as its primary purpose the promotion of any specific faith, religion, or antireligion;
    6. The plate shall not be the name of a special product or brand name, and shall not be construed, as determined by the cabinet, as promoting a product or brand name; and
    7. The plate’s lettering, logo, image, or message to be placed on the license plate, if created, shall not be obscene, as determined by the cabinet.
  8. If the cabinet denies to issue a group a special license plate based upon the conditions specified in subsection (8) of this section, the cabinet shall, immediately upon denying to issue a group a special license plate, notify in writing the chairperson of both the House and Senate standing committees on transportation of the denial and the reasons upon which the cabinet based the denial.
  9. If the cabinet approves a request for a special license plate, the cabinet shall begin designing and printing the plate after:
    1. The group collects a minimum of nine hundred (900) applications with each application being accompanied by a fee as set forth in KRS 186.162 . The applications and accompanying fee shall be submitted to the cabinet at one (1) time as a whole and shall not be submitted individually or intermittently; and
    2. The group submits to the cabinet the programming and production costs for the plate.
  10. A group that is approved for a special license plate shall maintain a minimum number of five hundred (500) registrations annually for the cabinet to continue production of the plate.
  11. An initial applicant for, or an applicant renewing, his or her registration for a special license plate shall, at the time of application, make a contribution that the county clerk shall forward to the cabinet as set forth in KRS 186.162 . The cabinet shall, on an annual basis, remit the contributions to the appropriate group identified to be used for the declared purpose stated under subsection (13) of this section. The cabinet may retain any investment income earned from holding contributions designated to be remitted under this subsection to offset administrative costs incurred by the cabinet in the administration of the contributions. Any group or organization that receives a mandatory EF fee under KRS 186.162 shall maintain the information required under subsection (13)(a) and (c) of this section with the Transportation Cabinet.
  12. The group shall, at the time the nine hundred (900) applications are submitted to the Transportation Cabinet, also submit a notarized affidavit to the cabinet attesting to:
    1. The name, address, and telephone number for the group or organization. If the group or organization does not have its headquarters in the Commonwealth, then the name, address, and telephone number for the group or organization’s Kentucky state chapter shall be required. The names of the officers of the group or organization shall also be required. If the entity receiving funds under subsection (12) of this section is not a state governmental agency, a program unit within a state governmental agency, or is a group or organization that does not have a statewide chapter, then a donation for use by the group or organization shall be prohibited;
    2. The amount of the monetary donation the group wants to receive when a person purchases the group or organization’s special license plate; and
    3. The purpose for which the donated funds will be used by the group or organization. Donated funds shall not be limited for use by members of the group or organization, and shall not be used for administrative or personnel costs of the group or organization.
  13. All funds received by a group or organization under subsection (12) of this section shall be deposited into an account separate from all other accounts the group or organization may have, and the account shall be audited yearly at the expense of the group or organization. The completed audit shall be forwarded to the Transportation Cabinet in Frankfort. One hundred percent (100%) of the funds received by a group or organization under subsection (12) of this section shall be used for the express purpose identified by the group in subsection (13) of this section. Any group or organization that receives a mandatory EF fee under KRS 186.162 shall comply with the provisions of this subsection.
  14. The secretary of the Transportation Cabinet shall promulgate administrative regulations under KRS Chapter 13A to establish additional rules to implement the issuance of special license plates issued under this chapter, including but not limited to:
    1. Documentation that will be required to accompany an application for a special license plate to provide proof of:
      1. Election to the United States Congress or the Kentucky GeneralAssembly;
      2. Election or appointment to the Kentucky Court of Justice;
      3. Membership in a Masonic Order, Fraternal Order of Police, or emergency management organization;
      4. Eligibility for membership in the Gold Star Mothers of America;
      5. Eligibility as a father for associate membership in the Gold Star Mothers of America;
      6. Eligibility for membership in the Gold Star Wives of America;
      7. Ownership of an amateur radio operator license;
      8. Receipt of the Silver Star Medal;
      9. Receipt of the Bronze Star Medal;
      10. Receipt of the Air Medal;
      11. Receipt of the Distinguished Flying Cross;
      12. Receipt of the Combat Action Badge;
      13. Receipt of the Combat Infantry Badge;
      14. Eligibility for a Gold Star Siblings license plate for a person whose sibling died while serving the country in the United States Armed Forces. For the purposes of this subparagraph, “sibling” means a sibling by blood, a sibling by half-blood, a sibling by adoption, or a stepsibling; or
      15. Eligibility for a Gold Star Sons or Gold Star Daughters license plate for a person whose parent or stepparent died while serving the country in the United States Armed Forces;
    2. The time schedule permissible for a group or organization to request a design change for the special license plate; and
    3. The procedures for review of proposed license plates and the standards by which proposed special license plates are approved or rejected in accordance with subsection (10) of this section.
  15. Any individual, group, or organization that fails to audit any funds received under this chapter, or that intentionally uses any funds received in any way other than attwsted to under subsection (13) of this section or for administrative or personnel costs in violation of subsection (13) of this section, shall be guilty of a Class D felony and upon conviction shall, in addition to being subject to criminal penalties, be assessed a mandatory five thousand dollar ($5,000) fine.

History. Enact. Acts 2005, ch. 133, § 2, effective June 20, 2005; 2006, ch. 40, § 2, effective July 12, 2006; 2006, ch. 200, § 1, effective July 12, 2006; 2007, ch. 40, § 1, effective June 26, 2007; 2008, ch. 30, § 3, effective July 15, 2008; 2010, ch. 33, § 3, effective July 15, 2010; 2010, ch. 40, § 1, effective July 15, 2010; 2010, ch. 72, § 2, effective July 15, 2010; 2010, ch. 113, § 3, effective July 15, 2010; 2015 ch. 19, § 39, effective June 24, 2015; 2015 ch. 32, § 2, effective January 1, 2016; 2017 ch. 50, § 2, effective January 1, 2018; 2018 ch. 148, § 2, effective July 14, 2018; 2019 ch. 107, § 2, effective June 27, 2019; 2021 ch. 92, § 3, effective June 29, 2021.

186.165. Exchange of one special license plate for another — Transfer of special license plate to another vehicle.

  1. As used in this section, “owner” means a person who has purchased or leased a motor vehicle that is registered under the provisions of KRS 186.050(1) or (3)(a).
  2. The provisions of this chapter relating to special license plates to the contrary notwithstanding, if a vehicle has been issued a special license plate and the owner of the vehicle wishes to surrender the plate and exchange it for a different special license plate, the owner may, at the time he or she renews the vehicle’s annual registration, exchange the special plate without being required to obtain a regular registration plate.
  3. An owner requesting to exchange a special license plate shall be required to surrender the special license plate issued to the vehicle and the appropriate certificate of registration to the county clerk of the county where the person lives. Upon payment of the fee established in subsection (4) of this section, the county clerk shall immediately exchange the special license plate and issue a new special license plate and certificate of registration without placing further requirements upon the owner.
  4. The fee to exchange a special license plate under this section shall be the fee charged under this chapter for the particular special license plate which is being requested.
  5. If a motor vehicle that has been issued a special license plate is sold prior to the expiration of the registration, the owner may, pursuant to KRS 186.190 , transfer the plate to another vehicle the owner has obtained.

History. Enact. Acts 2006, ch. 106, § 1, effective July 12, 2006; 2011, ch. 5, § 5, effective January 1, 2013.

186.166. Perpetual production of certain special license plates — Design of Purple Heart license plates.

  1. The Transportation Cabinet shall, unless directed otherwise by the General Assembly, perpetually produce the following special license plates: military license plates, U.S. Congressional license plates, firefighter license plates, emergency management license plates, Fraternal Order of Police license plates, Law Enforcement Memorial license plates, street rod license plates, nature license plates, amateur radio license plates, Kentucky General Assembly license plates, Kentucky Court of Justice license plates, Masonic Order license plates, collegiate license plates, independent college and university license plates, child victims’ trust fund license plates, Kentucky Horse Council license plates, Ducks Unlimited license plates, Gold Star Mothers, Fathers, and Spouses license plates, Gold Star Siblings, Sons, and Daughters license plates, Silver Star Medal license plates, Bronze Star Medal license plates, Air Medal license plates, Distinguished Flying Cross license plates, Combat Action Badge license plates, Combat Infantry Badge license plates, POW/MIA Awareness license plates, spay neuter license plates, service academy license plates, and I Support Veterans license plates.
  2. The design of the plates identified for perpetual production under this section may be revised upon request of a group or organization requesting a design revision under the provisions of KRS 186.164(15).
    1. The design of a Purple Heart license plate shall not include any representation of the word “Kentucky” that is a registered trademark or slogan which appears on a general issue license plate. (3) (a) The design of a Purple Heart license plate shall not include any representation of the word “Kentucky” that is a registered trademark or slogan which appears on a general issue license plate.
    2. The design of a Purple Heart license plate shall include a representation of the Purple Heart medal and the words “Combat Wounded.”

HISTORY: Enact. Acts 2005, ch. 133, § 3, effective June 20, 2005; 2017 ch. 50, § 3, effective January 1, 2018; 2021 ch. 92, § 4, effective June 29, 2021.

Legislative Research Commission Notes.

(6/25/2013). 2013 Ky. Acts ch. 117, sec. 2, provides that the design specifications indicated in subsection (3)(b) of this statute “shall be included in the first regularly scheduled replating of the Purple Heart license plate after [June 25, 2013].”

(7/12/2012). The amendment to this statute in 2011 Ky. Acts ch. 10, sec. 3, takes effect on July 12, 2012. The effective date of that amendment was subject to a contingency, but the contingency was removed in 2012. Section 5 of 2012 Ky. Acts ch. 139, which is effective July 12, 2012, repeals 2011 Ky. Acts ch. 10, sec. 4, which established the contingency.

186.167. Masonic Homes of Kentucky, Inc. — Petition for voluntary contributions under KRS 186.164. [Repealed]

History. Enact. Acts 2009, ch. 17, § 1, effective June 25, 2009; repealed by 2019 ch. 107, § 5, effective June 27, 2019.

186.168. Voluntary contributions to veterans’ program trust fund upon registering vehicle.

  1. Any person may, when initially registering or renewing any motor vehicle registration, make a voluntary contribution to the veterans’ program trust fund established under KRS 40.460(2)(b). Any monetary contribution shall be accepted, and there shall not be a minimum amount that may be contributed. The county clerk shall forward contributions made under this section in the same manner as funds are forwarded under KRS 186.164 .
  2. The cabinet shall provide each county clerk’s office with a poster to promote voluntary contributions to the veterans’ program trust fund that meets the following specifications:
    1. It shall be bright and colorful and at a minimum measure thirty-six (36) inches in width and thirty-six (36) inches in length;
    2. It shall state the purpose of the veterans’ program trust fund and the agency where the contributions are sent; and
    3. It shall list the specific ways in which money from the trust fund is used to assist veterans across the Commonwealth.
  3. The design of the poster shall be developed collectively by the cabinet and the Kentucky Department of Veterans’ Affairs. The poster may be redesigned periodically if the Kentucky Department of Veterans’ Affairs determines that a new design will increase contributions to the veterans’ program trust fund under this section.

History. Enact. Acts 2005, ch. 133, § 4, effective June 20, 2005.

186.170. Display of registration plates, insignia — Decals to cover corporation trademark — Registration years.

  1. Except as provided in this subsection and in KRS 186.045 , the owner shall have the receipt issued by the cabinet through the county clerk constantly in his possession, and shall display the registration plate conspicuously upon the rear of the motor vehicle, except that the registration plate upon a semitrailer-tractor shall be displayed upon the front of the tractor. The owner’s copy, or a reproduced copy thereof, of the registration receipt of every motor vehicle, except motorcycles, licensed under KRS 186.050 shall be kept in the vehicle at all times and shall be available for inspection. Plates shall be kept legible at all times and the rear plate shall be illuminated when being operated during the hours designated in KRS 189.030 . No rim, frame, or other covering around the plate shall in any way obscure or cover any lettering or decal on the plate; except that, any owner who objects to the display of a trademark of a private corporation which appears on the registration plate shall be entitled to receive a set of decals from the county clerk in his county of residence to cover the trademark of the private corporation. The owner may apply for the decal by presenting his certificate of registration either at the time of registration renewal or later. The county clerk shall charge a three dollar ($3) clerk’s fee for issuing the decal set if it is applied for a time other than at registration renewal. If the cabinet has prescribed that plates shall continue in use, it shall each year, in addition to the registration receipt, select and give to the owner as further evidence of registration some insignia which may conveniently be attached permanently and conspicuously to the motor vehicle during each registration year. It shall be the duty of the owner to attach the insignia in the prescribed manner and no person may operate a motor vehicle unless the insignia is affixed upon it. The cabinet shall have placed on the insignia either figures, letters, writing, marks, or a combination thereof, which indicate that the motor vehicle has been registered and which in conjunction with the records of the cabinet make identity of the registrant readily ascertainable.
  2. The registration year for commercial vehicles, trailers, semitrailers, mobile homes, and recreational vehicles shall be from April 1 to March 31.
  3. At the discretion of the vehicle owner, the title to a motor vehicle may be held in the system and subsequently printed and mailed to the owner at the owner’s request.

History. 2739g-11: amend. Acts 1942, ch. 78, §§ 5, 10; 1954, ch. 153, § 5; 1958, ch. 82, § 5; 1962, ch. 62, § 9; 1966, ch. 139, § 11; 1976, ch. 133, § 9; 1978, ch. 239, § 7, effective June 17, 1978; 1982, ch. 395, § 9, effective July 15, 1982; 1986, ch. 86, § 2, effective July 15, 1986; 1986, ch. 431, § 12, effective July 15, 1986; 1988, ch. 287, § 3, effective July 15, 1988; 1994, ch. 428, § 12, effective July 15, 1994; 1996, ch. 97, § 4, effective July 15, 1996; 1998, ch. 128, § 10, effective July 15, 1998.

NOTES TO DECISIONS

Analysis

1.Failure to Have Registration Receipt.

Officer had reasonable grounds for arresting occupants of automobile for their failure to have a registration certificate for the automobile in violation of this section. Johnson v. Commonwealth, 443 S.W.2d 20, 1968 Ky. LEXIS 139 ( Ky. 1968 ).

2.Improper License Plates.

Where defendant was the operator of the vehicle and the license plates were not the plates issued for the car he was driving, he was properly convicted of this section even though he was not shown to be the owner of the vehicle. Toppass v. Commonwealth, 799 S.W.2d 587, 1990 Ky. App. LEXIS 133 (Ky. Ct. App. 1990).

3.Failure to Illuminate.

Police officers were entitled to summary judgment on the issue of qualified immunity in a 42 USCS § 1983 suit alleging an illegal arrest in violation of plaintiff’s Fourth Amendment rights because, although the officers initially began their pursuit because plaintiff did not have his license plate illuminated as required by KRS 186.170 and 186.990 , they arrested plaintiff for fleeing in violation of KRS 520.095 and 520.100 and there was no dispute as to the officers’ assertion that plaintiff failed to stop once they were in pursuit. Nelson v. Riddle, 217 Fed. Appx. 456, 2007 FED App. 0129N, 2007 U.S. App. LEXIS 3592 (6th Cir. Ky. 2007 ).

4.Temporary Plates.

Legislature intended the statute to apply to both temporary and permanent license plates, and the conclusion that this is the correct interpretation is reinforced by the language an administrative regulation, which governs the issuance and physical appearance of temporary tags, uses the term “temporary registration plates,” which strongly suggests that the requirements of the statute are applicable to temporary tags. Kennedy v. Commonwealth, 488 S.W.3d 41, 2016 Ky. App. LEXIS 56 (Ky. Ct. App. 2016).

Because the manner in which the temporary tag was displayed in the driver's car violated the legibility requirement of the statute, the officer's stop was justified, and the circuit court properly denied the motion to suppress. Kennedy v. Commonwealth, 488 S.W.3d 41, 2016 Ky. App. LEXIS 56 (Ky. Ct. App. 2016).

Cited:

Commonwealth v. Erickson, 132 S.W.3d 884, 2004 Ky. App. LEXIS 38 (Ky. Ct. App. 2004).

Notes to Unpublished Decisions

1.Failure to Illuminate.

Unpublished decision: Officers had probable cause to stop defendant for failing to have illumination of a rear license plate at night as required by KRS 186.170(1), even though the vehicle had a temporary license tag taped to the window; while the statute contained no specific provision dealing with temporary license tags, such lack did not imply that temporary tags need not be illuminated at night, but rather supported the proposition that temporary tags were subject to the same illumination requirements as permanent plates. United States v. Foster, 65 Fed. Appx. 41, 2003 U.S. App. LEXIS 8654 (6th Cir. Ky. 2003 ).

Research References and Practice Aids

Cross-References.

“Cabinet” defined, KRS 186.010(1).

Vehicles transporting persons or property for hire to display plates, KRS 281.720 .

Truck registration receipt to be kept in truck, KRS 189.260 .

Kentucky Law Journal.

Garrison and Martin, Kentucky Commercial Motor Vehicle Transportation Tax Legislation I, 33 Ky. L.J. 3 (1944).

Lawson, Security Interests in Motor Vehicles: A Conflict in Kentucky Law, 666 Ky. L.J. 924 (1977-1978).

186.1701. Special license plate for former prisoner of war. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 301, § 1, effective July 15, 1982; 1984, ch. 89, § 1, effective July 13, 1984; 1988, ch. 150, § 4, effective July 15, 1988; 1992, ch. 320, § 1, effective July 14, 1992; 1994, ch. 428, § 13, effective July 15, 1994) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.1702. Special license plate for survivors of the attack on Pearl Harbor. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 255, § 1, effective July 15, 1988; 1994, ch. 428, § 14, effective July 15, 1994) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.171. Special license plates for members of Congress. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1982, ch. 203, § 1, effective July 15, 1982) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.172. Special license plates for firefighters.

  1. Upon application to the county clerk of the county of his residence, any current or retired member of a fire department, volunteer fire department, or fire protection district in the Commonwealth shall be issued a special firefighter license plate that shall bear the inscription “Firefighter,” a registration number, and an appropriate standardized insignia.
  2. Each initial or renewal application shall be accompanied by proof of current service or retirement as a firefighter as furnished by the fire chief, the mayor or trustee of a city, or the county judge/executive in appropriate rural areas, and the payment of the fees set forth in KRS 186.162 .
  3. The special firefighter license plate shall be administered in the same manner as other special license plates as prescribed in KRS 186.164 .

History. Enact. Acts 1982, ch. 303, § 1, effective July 15, 1982; 1988, ch. 150, § 6, effective July 15, 1988; 1990, ch. 194, § 1, effective July 13, 1990; 1994, ch. 428, § 16, effective July 15, 1994; 2008, ch. 164, § 1, effective July 15, 2008; 2019 ch. 107, § 3, effective June 27, 2019.

186.1721. Special license plate for disaster and emergency services staff members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1984, ch. 227, § 1, effective July 13, 1984) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1722. I Support Veterans special license plate.

  1. Upon application to the county clerk of the county of his or her residence, the owner or lessee of a motor vehicle registered under KRS 186.050(1) or (3)(a) may obtain an I Support Veterans special license plate.
  2. Each initial or renewal application for an I Support Veterans special license plate shall be subject to payment of the fees set forth in KRS 186.162 and the distribution and auditing requirements set forth in KRS 186.164 .
  3. The EF portion of the fees collected under KRS 186.162 for an I Support Veterans special license plate shall be distributed to the Kentucky Department of Veterans’ Affairs and are hereby appropriated for purposes that support veterans. These funds shall be in addition to any other appropriations or resources available to the Kentucky Department of Veterans’ Affairs.
  4. The I Support Veterans special license plate shall be administered in the same manner as other special license plates as prescribed in KRS 186.162 .
  5. The printing of the I Support Veterans special license plate shall not be contingent on any minimum number of applications.

History. Enact. Acts 2011, ch. 10, § 1, effective July 12, 2012 (see note).

Legislative Research Commission Note.

(7/12/2012). This statute takes effect on July 12, 2012. Its effective date was subject to a contingency, but the contingency has been removed. Section 5 of 2012 Ky. Acts ch. 139, which is effective July 12, 2012, repeals 2011 Ky. Acts ch. 10, sec. 4, which established the contingency. Section 6 of 2012 Ky. Acts ch. 139 states, “KRS 186.162 and 186.1722 , as created or amended by 2011 Ky. Acts ch. 10, relating to an I Support Veterans special license plate, shall be effective on the normal effective date for the legislation enacted at the 2012 Regular Session of the General Assembly.” The normal effective date for that 2012 legislation is July 12, 2012.

186.1723. Special license plate for member of Fraternal Order of Police. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 413, § 1, effective July 13, 1990) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1724. Special license plates for law enforcement memorial. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 347, § 1, effective July 14, 2000) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1725. Special license plate for active or retired professional firefighters. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 200, § 1, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.1726. Special license plate for Knights of Columbus. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 200, § 2, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.1727. Application for special license plate for active or retired professional firefighters and Knights of Columbus — Fees — Disposition of funds received. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 200, § 3, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.173. Special license plates for active or retired members of the National Guard. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 162, § 1; 1978, ch. 239, § 8, effective June 17, 1978; 1984, ch. 230, § 1, effective July 13, 1984; 1988, ch. 150, § 8, effective July 15, 1988; 1994, ch. 428, § 20, effective July 15, 1994; 1996, ch. 39, § 1, effective July 15, 1996) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.1731. License plate for members of the Civil Air Patrol. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1986, ch. 457, § 1, effective July 15, 1986; 1988, ch. 150, § 9, effective July 15, 1988; 1994, ch. 428, § 19, effective July 15, 1994) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.1732. Special license plate for active, reserve, retired, and veteran members of the United States Armed Forces. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 346, § 1, effective July 15, 1988; 1994, ch. 428, § 21, effective July 15, 1994; 1998, ch. 307, § 1, effective July 15, 1998) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.1733. Special license plate for member or veteran of the Marine Corps League. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 73, § 1, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003. For present law, see KRS 186.041 .

186.174. Personalized license plates.

  1. For purposes of this section, “personalized license plate” means a license plate issued with personal letters or numbers significant to the applicant and it also means a license plate that is issued under this section and has been combined with a special license plate.
  2. Any owner or lessee of a motor vehicle that is required to be registered under the provisions of KRS 186.050(1), (3)(a), or (4)(a), or any owner or lessee of a motorcycle required to be registered under the provisions of KRS 186.050(2) may obtain a personalized license plate by applying for a personalized license plate in the office of the county clerk and upon payment of the fee required in KRS 186.162 . A person initially applying for a personalized license plate shall submit the application and appropriate SF fee in person to the county clerk, but may submit the annual application to renew the personalized license plate and entire fee required in KRS 186.162 by mail to the county clerk.
  3. Personalized license plates shall expire on the last day of the birth month of the applicant.
  4. A personalized license plate shall be replaced on the same schedule as regular issue license plates unless it is damaged or unreadable. A county clerk shall immediately forward the application and the fee required in KRS 186.162 for a personalized license plate to the Transportation Cabinet. The initial fee for a personalized license plate that has been combined with special license plate shall be as established in KRS 186.162 (3).
    1. A personalized plate shall not be issued that would conflict with or duplicate the alphabetical-numerical system used for regular license plates or any other license plates issued in the Commonwealth, and shall not contain a combination of more than six (6) letters of the alphabet and Arabic numerals, including spaces. (5) (a) A personalized plate shall not be issued that would conflict with or duplicate the alphabetical-numerical system used for regular license plates or any other license plates issued in the Commonwealth, and shall not contain a combination of more than six (6) letters of the alphabet and Arabic numerals, including spaces.
    2. A personalized plate shall not be issued if the cabinet determines the request fails to comply with the following conditions:
      1. The message to be placed on the license plate, if created, shall not discriminate against any race, color, religion, sex, or national origin, and shall not be construed, as determined by the cabinet, as an attempt to victimize or intimidate any person due to the person’s race, color, religion, sex, or national origin;
      2. The plate shall not represent a political party and shall not have been created primarily to promote a specific political belief;
      3. The plate shall not have as its primary purpose the promotion of any specific faith, religion, or antireligion;
      4. The plate shall not be the name of a special product or brand name, and shall not be construed, as determined by the cabinet, as promoting a product or brand name; and
      5. The plate’s lettering or message to be placed on the license plate, if created, shall not be obscene, as determined by the cabinet.
    3. The owner or lessee shall submit an application and fee to renew a personalized license plate pursuant to the provisions of this section. Once an applicant obtains a personalized plate, he or she will have first priority on that plate for each of the following years that he or she makes timely and proper application.

History. Enact. Acts 1976, ch. 153, § 3, effective January 1, 1977; 1978, ch. 239, § 9, effective June 17, 1978; 1980, ch. 335, § 1, effective July 15, 1980; 1982, ch. 203, § 5, effective July 15, 1982; 1988, ch. 143, § 1, effective July 15, 1988; 1988, ch. 150, § 10, effective July 15, 1988; 1988, ch. 241, § 1, effective July 15, 1988; 1990, ch. 296, § 4, effective July 13, 1990; 1990, ch. 498, § 4, effective July 13, 1990; 1994, ch. 428, § 22, effective July 15, 1994; 1996, ch. 200, § 4, effective July 15, 1996; 1998, ch. 543, § 2, effective July 15, 1998; 2002, ch. 347, § 2, effective July 15, 2002; 2005, ch. 133, § 8, effective June 20, 2005; 2018 ch. 148, § 1, effective July 14, 2018; 2019 ch. 107, § 4, effective June 27, 2019.

Opinions of Attorney General.

As used in this section, “constantly in his possession” means that the operator of the vehicle should have the registration receipt or a reproduced copy thereof either on his person or in the vehicle at all times. OAG 71-359 .

A personalized plate may be issued with a trade name or brand name on it, restricted only by the requirement of subsection (2) of this section that a plate can only contain a combination of letters and numbers totaling 6. OAG 76-376 .

The term “money order” as used in subsection (1) of this section includes both United States postal money orders and commercial money orders. OAG 76-376 .

Only a person who already owns the vehicle he intends to license may apply for a personalized license plate under subsection (1) of this section. OAG 76-376 .

186.175. Special plates for amateur radio station licensees — County clerk’s fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 119, §§ 1, 2) was repealed by Acts 1966, ch. 255, § 283.

186.1751. Special license plate for “Street Rod” vehicle. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 200, § 1, effective July 13, 1990) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.176. Amateur radio licensees may attach plate showing call letters to license plate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 59) was repealed by Acts 1972, ch. 123, § 2.

186.1761. Nature license plates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1994, ch. 328, § 6, effective July 15, 1994) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1765. Special agricultural license plates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 256, § 1, effective July 14, 2000) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.177. Special license plates bearing amateur radio call letters. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 123, § 1, effective June 16, 1972) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1775. Special YMCA license plates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 260, § 1, effective July 14, 2000) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.178. Special license plates for General Assembly members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 41, § 1) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.179. Special license plates for Justices or Judges of the Court of Justice. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 153, § 4, effective January 1, 1977) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.180. Duplicate receipts and plates — Clerk’s fees — Cancellation of registration and issuance of new plates upon loss of plate — Reporting of lost plates — Issuance of plates upon removal from one county to another — Reinstatement after revocation under KRS 186A.040 — Proof of insurance.

    1. If the owner loses his or her copy of a registration or transfer receipt, he or she may obtain a duplicate from the county clerk who issued the present owner’s copy of the receipt by presenting the clerk proof of insurance on the motor vehicle in compliance with KRS 304.39-080 , and by filing an affidavit, upon a form furnished by the cabinet. The owner shall pay to the clerk a fee of three dollars ($3), except proof of insurance shall not be required for duplicates applied for by motor vehicle dealers as defined in KRS 190.010 . (1) (a) If the owner loses his or her copy of a registration or transfer receipt, he or she may obtain a duplicate from the county clerk who issued the present owner’s copy of the receipt by presenting the clerk proof of insurance on the motor vehicle in compliance with KRS 304.39-080 , and by filing an affidavit, upon a form furnished by the cabinet. The owner shall pay to the clerk a fee of three dollars ($3), except proof of insurance shall not be required for duplicates applied for by motor vehicle dealers as defined in KRS 190.010 .
    2. When the owner’s copy of any registration or transfer receipt shows that the spaces provided thereon for noting and discharging security interests have been exhausted, the owner may apply to the county clerk who issued the receipt in order to obtain a duplicate thereof. The owner shall surrender his or her copy of the current receipt to the clerk and provide proof of insurance on the motor vehicle in compliance with KRS 304.39-080, before a duplicate may be issued. The owner shall pay the clerk a fee of three dollars ($3), except proof of insurance shall not be required for duplicates applied for by motor vehicle dealers as defined in KRS 190.010.
    3. Any security interest which has been discharged as shown by the records of the clerk or upon the owner’s copy of the current receipt shall be omitted from the duplicate receipt to be issued by the clerk.
  1. If the owner loses a registration plate, he or she shall surrender his or her registration receipt to the county clerk from whom it was obtained and file a written statement as to the loss of the plate. Upon presenting the clerk proof of insurance on the motor vehicle in compliance with KRS 304.39-080 , and upon the payment of the sum of three dollars ($3) for each plate and a fee of three dollars ($3) to the clerk for his or her services, the owner shall be issued another registration receipt and a plate or plates which shall bear a different number from that of the lost plate. The clerk shall retain the owner’s statement and a copy of the owner’s proof of insurance, and shall make a notation on the triplicate copy of the surrendered registration receipt stating the number of the registration receipt replacing it. The original copy of the surrendered receipt shall be forwarded to the cabinet. The cabinet shall forthwith cancel the registration corresponding to the number of the lost plate. The cancellation shall be reported by the cabinet to the commissioner of the Department of Kentucky State Police. Any person finding a lost registration plate shall deliver it to the Transportation Cabinet or to any county clerk for forwarding it to the cabinet.
  2. If the owner moves from one (1) county into another county of the Commonwealth, he or she may obtain a registration plate bearing the name of the county of residence. In order to obtain a new registration plate, the owner shall surrender his or her current registration receipt and current registration plate to the county clerk. Upon being provided with proof of insurance on the motor vehicle in compliance with KRS 304.39-080 , the clerk shall provide the owner with a new registration receipt and plate bearing the county name. The surrendered receipt and plate shall be forwarded to the Transportation Cabinet. The fee for this registration shall be five dollars ($5) of which the clerk shall be entitled to three dollars ($3) and the cabinet shall be entitled to two dollars ($2).
  3. If the owner’s registration is revoked as a result of the provisions set forth in KRS 186A.040 , the owner may have his or her registration reinstated by the county clerk who issued the present owner’s copy of the receipt by presenting the clerk proof of:
    1. Insurance on the motor vehicle in compliance with KRS 304.39-080 and by filing an affidavit upon a form furnished by the cabinet; or
    2. A valid compliance or exemption certificate in compliance with KRS 224.20-720 or issued under the authority of an air pollution control district under KRS 224.20-760 .
  4. The owner of a motor vehicle that has the vehicle’s registration revoked under KRS 186.290 shall pay to the clerk a fee of twenty dollars ($20), which shall be equally divided between the county clerk and the cabinet.
  5. On and after January 1, 2006, if the motor vehicle is a personal motor vehicle as defined in KRS 304.39-087 , proof of insurance required under this section shall be determined by the county clerk as provided in KRS 186A.042 .

History. 2739g-12: amend. Acts 1946, ch. 208, § 2; 1964, ch. 59, § 4; 1974, ch. 74, Art. IV, § 20(9); 1976, ch. 89, § 1; 1978, ch. 384, § 333, effective June 17, 1978; 1980, ch. 229, § 2; 1994, ch. 428, § 27, effective July 15, 1994; 1996, ch. 341, § 3, effective July 15, 1996; 1998, ch. 442, § 2, effective July 15, 1998; 2000, ch. 441, § 2, effective July 14, 2000; 2004, ch. 130, § 7, effective July 13, 2004; 2007, ch. 85, § 190, effective June 26, 2007.

Compiler’s Notes.

Section 3 of Acts 1980, ch. 229 provided that the version of this section as amended by § 2 of Acts 1980, ch. 229 would become effective “the first year registration plates are issued”. Such plates were reissued in 1983.

Opinions of Attorney General.

Where a lien for towing or storing a motor vehicle is enforced by a nonjudicial sale, the affidavit described in KRS 186.200 would be sufficient to authorize the issuance of a duplicate current registration receipt. OAG 66-369 .

Research References and Practice Aids

Cross-References.

Definition of “cabinet”, KRS 186.010(1).

Kentucky Law Journal.

Vanlandingham, The Fee System in Kentucky Counties, The Fee System in Kentucky, 40 Ky. L.J. 275 (1952).

186.181. Seizure of canceled plates by Department of Kentucky State Police.

The secretary of the Transportation Cabinet shall, upon receipt of a report from the Transportation Cabinet or the Department of Vehicle Regulation of a canceled motor vehicle registration plate, cause all members of the Department of Kentucky State Police and such peace officers as he or she may deem necessary, to be notified of the cancellation. It shall be the duty of all members of the Department of Kentucky State Police and of all peace officers to seize any registration plate bearing a canceled number and to report such seizure to the appropriate department.

History. Enact. Acts 1946, ch. 208, § 3; 1958, ch. 126, § 20; 1962, ch. 62, § 10; 2007, ch. 85, § 191, effective June 26, 2007.

Research References and Practice Aids

Cross-References.

Enforcement of motor vehicle laws; arrests; bail bonds, KRS 281.765 .

186.182. Special license plates for recipients of Congressional Medal of Honor. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 376, § 1, effective June 17, 1978; 1982, ch. 203, § 9, effective July 15, 1982; 1988, ch. 150, § 14, effective July 15, 1988; 1994, ch. 428, § 28, effective July 15, 1994) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.1831. Special license plates for members of a Masonic order. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 404, § 1, effective July 14, 1992) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1835. Special license plates for members of the Knights of Columbus. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 225, § 1, effective July 15, 1996) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.184. Special PTA license plate — PTA program fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2002, ch. 32, § 1, effective July 15, 2002) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.185. Collegiate license plate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1988, ch. 290, § 1, effective July 15, 1988) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.186. Application for special license plates pursuant to KRS 186.186 to 186.1867 — Vehicles leased or provided pursuant to an occupation — Renewal, fees, administrative regulations. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 1, effective July 15, 1996) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1861. Special license plates for United States Veterans. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 2, effective July 15, 1996) was repealed by Acts 2000, ch. 453, § 3, effective July 14, 2000. For present law, see KRS 186.041 .

186.1862. Special license plates for nurses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 3, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.1863. Special license plates for United States Olympic Committee. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 4, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.1864. Special license plates for youth soccer. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 5, effective July 15, 1996; 1998, ch. 48, § 16, effective July 15, 1998; 1998, ch. 565, § 5, effective July 15, 1998) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.1865. Special Kentucky Tech license plates. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 6, effective July 15, 1996) was repealed by Acts 1997 (1st Ex. Sess.), ch. 1, § 151, effective May 30, 1997.

186.18651. Special license plates for independent college or university. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 335, § 1, effective July 14, 2000) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1866. Special license plates for members or retired members of unions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 7, effective July 15, 1996) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.1867. Special license plates for child victims’ trust fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 366, § 8, effective July 15, 1996) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1868. Special Kentucky Horse Council license plate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1998, ch. 543, § 1, effective July 15, 1998) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.18685. Special license plates for Ducks Unlimited. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 282, § 1, effective January 1, 2001) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.1869. Special license plates for members of National Wild Turkey Federation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2000, ch. 276, § 1, effective July 14, 2000) was repealed by Acts 2003, ch. 74, § 3, effective June 24, 2003.

186.187. Special spay neuter license plate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2002, ch. 56, § 1, effective January 1, 2003) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.188. Special Louisville Zoo license plate. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 2003, ch. 74, § 1, effective June 24, 2003) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.189. Special license plates for special groups or special purposes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1996, ch. 190, § 1, effective January 1, 1997) was repealed by Act 2005, ch. 133, § 11, effective June 20, 2005.

186.190. Transfer of registration upon transfer of ownership — Permitted registration plate transfers — Clerk’s fee.

    1. Except as provided for in paragraph (e) of this subsection, when a motor vehicle that has been previously registered changes ownership, the registration plate shall not remain upon the motor vehicle, but shall be retained by the seller and may be transferred to another vehicle owned or leased by the seller in accordance with paragraph (b) or (c) of this subsection. (1) (a) Except as provided for in paragraph (e) of this subsection, when a motor vehicle that has been previously registered changes ownership, the registration plate shall not remain upon the motor vehicle, but shall be retained by the seller and may be transferred to another vehicle owned or leased by the seller in accordance with paragraph (b) or (c) of this subsection.
    2. An individual who sells a motor vehicle which has a valid registration plate may transfer that plate to another vehicle of the same classification at the time the individual transfers the vehicle. If the individual does not have a vehicle to transfer the plate to at the time the individual sells a vehicle, the individual may hold the registration plate for the period of registration. At any time during the period of registration, the individual shall notify the county clerk and transfer the plate to a vehicle of the same classification that he or she has obtained prior to operating that vehicle on a public highway. If the plate transfer occurs in the final month in which the existing registration is still valid, the individual shall be required to renew the registration on the newly acquired vehicle.
    3. An individual who trades in a motor vehicle with a valid registration plate during the purchase of a motor vehicle from a licensed motor vehicle dealer shall remove the plate from the vehicle offered in trade. A photocopy of the valid certificate of registration shall be included with the application for title and registration for the purchased vehicle, and the plate shall be retained by the purchaser. The dealer shall equip the purchased vehicle with a temporary tag in accordance with KRS 186A.100 before the buyer may operate it on the highway. When the buyer receives a valid certificate of registration from the county clerk, the buyer shall remove the temporary tag and affix the registration plate to the vehicle.
    4. All vehicle transfers and registration plate transfers shall be initiated within the fifteen (15) day period established under KRS 186.020 and 186A.070 .
    5. This subsection shall not apply to transfers between motor vehicle dealers licensed under KRS Chapter 190. A secured party who repossesses a vehicle shall comply with KRS 186.045(6).
  1. A person shall not purchase, sell, or trade any motor vehicle without delivering to the county clerk of the county in which the sale or trade is made the title, and a notarized affidavit if required and available under KRS 138.450 attesting to the total and actual consideration paid or to be paid for the motor vehicle. Except for transactions handled by a motor vehicle dealer licensed pursuant to KRS Chapter 190, the person who is purchasing the vehicle shall present proof of insurance in compliance with KRS 304.39-080 to the county clerk before the clerk transfers the registration on the vehicle. Proof of insurance shall be in the manner prescribed in administrative regulations promulgated by the Department of Insurance pursuant to KRS Chapter 13A. On and after January 1, 2006, if the motor vehicle is a personal motor vehicle as defined in KRS 304.39-087 , proof of insurance shall be determined by the county clerk as provided in KRS 186A.042 .
  2. Upon delivery of the title, and a notarized affidavit if required and available under KRS 138.450 attesting to the total and actual consideration paid or to be paid for the motor vehicle to the county clerk of the county in which the sale or trade was made, the seller shall pay to the county clerk a transfer fee of two dollars ($2), which shall be remitted to the Transportation Cabinet. If an affidavit is required, and available, the signatures on the affidavit shall be individually notarized before the county clerk shall issue to the purchaser a transfer of registration bearing the same data and information as contained on the original registration receipt, except the change in name and address. The seller shall pay to the county clerk a fee of six dollars ($6) for his services.
  3. If the owner junks or otherwise renders a motor vehicle unfit for future use, he shall deliver the registration plate and registration receipt to the county clerk of the county in which the motor vehicle is junked. The county clerk shall return the plate and motor vehicle registration receipt to the Transportation Cabinet. The owner shall pay to the county clerk one dollar ($1) for his services.
  4. A licensed motor vehicle dealer shall not be required to pay the transfer fee provided by this section, but shall be required to pay the county clerk’s fee provided by this section.
  5. The motor vehicle registration receipt issued by the clerk under this section shall contain information required by the Department of Vehicle Regulation.

History. 2739g-13: amend. Acts 1942, ch. 202; 1958, ch. 82, § 6; 1958, ch. 95; 1960, ch. 37, § 1; 1962, ch. 62, § 11; 1974, ch. 74, Art. IV, § 20(2), (9); 1974, ch. 222, § 3; 1976, ch. 133, § 10; 1978, ch. 239, § 13, effective June 17, 1978; 1980, ch. 296, § 4, effective July 15, 1980; 1984, ch. 36, § 1, effective July 13, 1984; 1994, ch. 428, § 31, effective July 15, 1994; 1994, ch. 504, § 1, effective July 15, 1994; 1998, ch. 128, § 11, effective July 15, 1998; 1998, ch. 600, § 6, effective April 14, 1998; 2004, ch. 130, § 8, effective July 13, 2004; 2006, ch. 255, § 9, effective January 1, 2007; 2010, ch. 24, § 235, effective July 15, 2010; 2011, ch. 5, § 1, effective January 1, 2013.

Compiler’s Notes.

Section 11 of Acts 1998, ch. 600, stated: “The amendments contained in Sections 3 to 8 of this Act shall apply to motor vehicles sold after July 31, 1998.”

Legislative Research Commission Note.

(7/15/98.) This section was amended by 1998 Ky. Acts chs. 128 and 600. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 600, which was last enacted by the General Assembly, prevails under KRS 446.250 .

NOTES TO DECISIONS

1.In General.

This section and KRS 186.200 are revenue measures designed to insure payment of the motor vehicle usage tax at the time of registration and are entirely distinct from the provisions of the Uniform Commercial Code governing sales. Lexington Mack, Inc. v. Miller, 555 S.W.2d 249, 1977 Ky. LEXIS 500 ( Ky. 1977 ).

2.Registration Year.

An owner may not transfer title to an automobile after January 1 without reregistering the automobile for the new registration year. Martin v. Louisville Motors, 276 Ky. 696 , 125 S.W.2d 241, 1939 Ky. LEXIS 584 ( Ky. 1939 ).

3.Presumption of Ownership.

Fact truck was licensed in partnership name raises a presumption that it was owned by it. Vansant v. Holbrook's Adm'r, 285 Ky. 88 , 146 S.W.2d 337, 1940 Ky. LEXIS 595 ( Ky. 1940 ).

Where a wife was injured while riding in a car driven by her husband, the bill of sale for the car was made to the wife, the conditional sales contract for the car was made by her, and the car was licensed in her name, the statements of the husband and wife that the car was owned by their son were not sufficient to overcome the presumption raised by the documents that she owned it. Siler v. Williford, 350 S.W.2d 704, 1961 Ky. LEXIS 129 ( Ky. 1961 ).

Compliance or noncompliance with this section is not conclusive of title although persuasive. Siler v. Williford, 350 S.W.2d 704, 1961 Ky. LEXIS 129 ( Ky. 1961 ).

Where no transfer of registration appeared in the records, the defendant motel owners had probable cause to believe that the automobile, which was allegedly used in the commission of a crime, was the property of the plaintiff’s employer. Mink v. Stratton, 499 S.W.2d 291, 1973 Ky. LEXIS 278 ( Ky. 1973 ).

4.Transfer.
5.— Failure to Register.

Although law respecting registration and transfer of motor vehicle does not expressly provide that sale or transfer by method different from that prescribed is void, it makes sale without compliance a misdemeanor with penalty, and requires compliance for registration. Boden v. Harter, 240 Ky. 138 , 41 S.W.2d 920, 1931 Ky. LEXIS 354 ( Ky. 1931 ).

The failure to register a transfer of title does not void a sale under this section and KRS 186.200 . Campbell v. State Farm Ins. Co., 346 S.W.2d 775, 1961 Ky. LEXIS 338 ( Ky. 1961 ).

6.— Not on Open Bills of Sale.

Transfers of used cars on open bills of sale (bills with vendees’ names not filled in) violate this section. Armour v. Haskins, 275 S.W.2d 580, 1955 Ky. LEXIS 361 ( Ky. 1955 ).

7.Bill of Sale.
8.— Notary’s Certification.

Notary’s deliberate and wrongful act in placing his certification upon bill of sale signed by owner and given to his sales agent but not sworn to, thus enabling agent to transfer automobile to his own name, sell it to bona fide purchaser, and convert proceeds, was violation of notary’s official duty and of his bond, for which he was liable. American Surety Co. v. Boden, 243 Ky. 805 , 50 S.W.2d 10, 1932 Ky. LEXIS 202 ( Ky. 1932 ).

9.— Impeachment.

A bill of sale may be impeached by parol evidence “clearly showing” title in another and auction company paying dealer for automobiles which it then sold to a second dealer for $60 more had no title to the automobiles and could not sue second dealer’s mortgagee for conversion when second dealer’s check was returned for insufficient funds. Gateway Auto. Auction, Inc. v. General Motors Acceptance Corp., 398 S.W.2d 498, 1966 Ky. LEXIS 496 ( Ky. 1966 ).

Bill of sale for an automobile may be impeached by parol evidence “clearly showing” title in another. Gateway Auto. Auction, Inc. v. General Motors Acceptance Corp., 398 S.W.2d 498, 1966 Ky. LEXIS 496 ( Ky. 1966 ).

10.Registration after Non-judicial Sale.

Sale of vehicle under KRS 376.275 to satisfy lien for towing and storage after notice was given owners by registered mail was sufficient to authorize the purchaser to obtain a registration and license for the vehicle. Department of Revenue v. Derringer, 399 S.W.2d 482, 1966 Ky. LEXIS 467 ( Ky. 1966 ).

11.Notice of Encumbrances on Title.

Where registration receipt showed on its face that automobile was last licensed in the state of Indiana, purchaser who, in compliance with the statute, obtained the receipt, was put on notice as to any encumbrances on the title which an examination of the licensing record in Indiana would disclose. Eline v. Commercial Credit Corp., 307 Ky. 77 , 209 S.W.2d 846, 1948 Ky. LEXIS 695 ( Ky. 1948 ).

12.Failure of Consideration.

Where purchaser of an automobile has never received a bill of sale as described in KRS 186.200 or a receipt evidencing registration as provided in subsection (3) of this section, consideration for the contract has failed, for without a bill of sale conforming to KRS 186.200 the purchaser cannot obtain a license for the car and without the registration receipt he cannot obtain a license or legally operate the car upon the highway and if the purchaser has done all he reasonably can to obtain these papers and has been denied them, he has proven a failure of consideration and is entitled to rescind the contract or recover damages for its breach. Brooks v. Williams, 268 S.W.2d 650, 1954 Ky. LEXIS 922 ( Ky. 1954 ).

13.Conviction of Violation Admissible.

Evidence that defendant had been convicted of violating this section was admissible in action to recover an alleged breach of contract of sale of a used automobile. Harlow v. Dick, 245 S.W.2d 616, 1952 Ky. LEXIS 601 ( Ky. 1952 ).

Cited:

American Interinsurance Exchange v. Norton, 631 S.W.2d 851, 1982 Ky. App. LEXIS 207 (Ky. Ct. App. 1982); Red Bird Motors, Inc. v. Endsley, 657 S.W.2d 954, 1983 Ky. App. LEXIS 328 (Ky. Ct. App. 1983); Rogers v. Wheeler, 864 S.W.2d 892, 1993 Ky. LEXIS 132 ( Ky. 1993 ).

Opinions of Attorney General.

A county clerk cannot refuse to transfer an automobile for the sole reason that the registration receipt of said automobile shows that it is encumbered with a lien. OAG 61-453 .

On the transfer of a vehicle seized by the United States government and sold, the clerk cannot drop liens that were set out on the registration certificate without a filed statement by the government that it has cut off all security interests. OAG 61-974 .

Only the courts may make a valid transfer of title on a vehicle as a result of a sale for storage and towing charges where the owner is unavailable to make the transfer. OAG 62-1154 .

All authorization by the car owner for another to execute a sworn bill of sale to his car should designate an agent in writing in order to be conclusive as a matter of law. OAG 63-479 .

No one other than the car owner, his legally authorized agent, employe or representative, shall execute a bill of sale in the name of said owner without written authority as applies to other personal property. OAG 63-479 .

An ex parte order by a county judge would not authorize a county clerk to transfer the registration of a motor vehicle sold to satisfy a lien for storing and towing. OAG 63-573 .

When a termination statement has been filed of record on a chattel mortgage, but the lien has not been released on the back of the license receipt, the clerk cannot legally drop the lien information when a car is transferred to another person. OAG 63-1083 .

The owner of a motor vehicle may properly procure a loan on it and execute a lien thereon and have the lien recorded on the previous year’s registration during the grace period after January 1. OAG 63-1088 .

County clerks are under a duty to transfer registration of vehicles sold under federal tax liens free and clear of any subordinate liens which may be listed. OAG 64-22 .

When a historic vehicle is sold and transferred in Kentucky or to someone outside the state, the plate or tag must remain with the vehicle. OAG 69-540 .

The license plate for a historic vehicle must remain with the particular vehicle which is registered with the county clerk and for which the plate was purchased and cannot be transferred or changed to other historic vehicles that may be in the owner’s possession. OAG 69-540 .

Where no termination statement as provided by KRS 186.045(5) (now KRS 186.045(4)) has been filed, an encumbered motor vehicle may be sold, without the consent, written or otherwise from the holder of the security interest, so long as the security interest data is carefully preserved and carried forward in issuing the transfer of registration as provided by this section. OAG 74-606 .

Where a bill of sale designates the owners as “John and/or Mary Jones” it raises a presumption of joint ownership and the county clerk may reasonably require both signatures on the bill of sale in order to transfer title to a motor vehicle. OAG 75-113 .

Where the bill of sale designates the owners as “John or Mary Jones” the county court clerk may require the signature of either one of the named owners but not both. OAG 75-113 .

The county clerk must, where this section is complied with, effect the transfer of registration of the motor vehicle even though a lien or security interest is shown on the registration receipt, without any consent on the part of the holder of the security interest and the knowledge and bad conduct of the seller and his intent cannot be finally imputed to the clerk where the clerk has no knowledge of the intent of the seller to violate KRS 517.060 and refusal of the clerk to perform his statutory duty would be a violation of KRS 522.030 in the second degree. OAG 75-479 .

Where an automobile is junked and the registration plate and registration receipt are in the possession of the Department of Transportation (now transportation cabinet), the transferee must in order to get a transfer of registration under this section, obtain a bill of sale from the owner-transferor and the current registration receipt from the department of transportation (now transportation cabinet). OAG 81-69 .

Neither the motor vehicle owner nor the junk dealer at whose place of business a vehicle is junked have any ownership rights in the license plates whatsoever since the plate belongs to the Commonwealth of Kentucky; therefore, a junkyard dealer has no authority to allow an unauthorized person to use a plate. OAG 81-421 .

A transfer of ownership of a motor vehicle entails a transfer of registration. OAG 83-47 .

The Transportation Cabinet must assess registration fees on vehicle transfers in accordance with statutory requirements and may not credit the new owner with the unexpired time on the registration plate. OAG 83-47 .

Where an affidavit is filed with the county clerk stating that the affiant no longer has in his possession the title or plate to a motor vehicle, identified by license plate number, year, make, model number, vehicle identification number, and indicating the date of disposition of vehicle and title, and that the vehicle is junked or unfit for future use, the clerk may consider the described vehicle junked, under subsection (5) (now (4)) of this section and should not require plate or decal renewal. OAG 84-309 .

Research References and Practice Aids

Cross-References.

Transfer or reregistration of suspended registration, KRS 187.580 .

Kentucky Law Journal.

Vanlandingham, The Fee System in Kentucky Counties, The Fee System in Kentucky, 40 Ky. L.J. 275 (1952).

186.191. Revocation of document relating to motor vehicle due to illegal act. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1980, ch. 296, § 2, effective July 15, 1980) was repealed by Acts 1982, ch. 164, § 69, effective July 15, 1982.

186.1911. Replacement of vehicle identification number.

In any instance where a transfer of a motor vehicle shall be accompanied by a certificate of title or registration and such vehicle:

  1. Has had the vehicle identification number removed, or
  2. Has had the vehicle identification number altered, or
  3. Has had the vehicle identification number defaced, or
  4. Has had the vehicle identification number covered,

the owner thereof shall, before delivery of the vehicle to any other person obtain a replacement vehicle identification number from the manufacturer and affix it to the vehicle at the places specified by the Department of Vehicle Regulation or obtain a Kentucky identification number from the department and affix it to the vehicle at the places specified by the Department of Vehicle Regulation.

History. Enact. Acts 1980, ch. 296, § 3, effective July 15, 1980.

186.192. Evidence required of excise tax payment.

  1. The county clerk shall not transfer the registration of any motor vehicle or vehicle as defined in KRS 186.650 unless evidence is presented in such form as the Transportation Cabinet may prescribe that all excise taxes imposed on the sale, transfer or use of the motor vehicle or vehicles have been paid. In any case where the transferor or transferee is a dealer as defined in KRS 190.010 , no proof of payment of such taxes is required.
  2. Any clerk who violates this section shall be subject to the penalties prescribed in KRS 186.990(1).

History. Enact. Acts 1960, ch. 186, Art. IV, § 11; 1962, ch. 62, § 12.

Opinions of Attorney General.

Where a sole proprietor sold his business, including motor vehicles, to another individual to operate as a sole proprietorship, the subject sale of motor vehicles was an “occasional sale,” as defined in subsection (1)(a) and (b) of former KRS 139.070 (see now KRS 139.010 ) and the seller was thus exempted from paying the use or excise tax pursuant to subsection (4) of KRS 139.470 ; accordingly, the county clerk could not refuse to transfer the registration of the motor vehicle pursuant to this section. OAG 81-233 .

186.193. Evidence required of ad valorem tax payment.

The county clerk shall not transfer the registration on any motor vehicle or trailer against which a tax lien has been filed until the taxes have been paid and the lien has been released.

History. Enact. Acts 1978, ch. 371, § 4, effective January 1, 1981.

Opinions of Attorney General.

A tax lien on an automobile, once perfected by the filing required under KRS 134.148(2) must be paid off by one who seeks to repossess and retransfer an automobile pursuant to a prior recorded security interest; the clerk is prohibited by this section and KRS 186.232 from transferring title until the lien is paid and released. OAG 83-477 .

KRS 186.232 and this section apply to all tax liens of every sort which have been filed. OAG 84-339 .

Neither KRS 186.232 nor this section support an arbitrary classification in violation of Ky. Const., §§ 2 and 59; these statutes apply equally to all vehicles and trailers which are to be operated on the highways of this state. OAG 84-339 .

It is not necessary for tax liens to be noted on the certificate of title or registration, except with respect to ad valorem tax liens as provided in KRS 134.148(4). OAG 84-339 .

The county clerk can require payment of all tax liens against a mobile home before transferring registration to its new owner if the liens have been properly filed. OAG 84-339 .

KRS 186.232 and this section do not affect the relationship between the purchaser and the seller of a mobile home; the tax lien is a matter of public record and obviously subject to negotiations between the parties at the time of the sale, transfer of title, and registration. The purchaser is free to accept or reject the offer; if the purchaser accepts the offer, the statutes do not prevent the purchaser from taking title to the mobile home; the statutes only prevent the purchaser from registering the mobile home until the tax lien has been paid. OAG 84-339 .

186.195. Recordation of lien information on registration receipt — Assignment or termination of lien. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 82, § 4; 1960, ch. 10, § 2; 1960, ch. 37, § 2; 1962, ch. 83, § 15) was repealed by Acts 1964, ch. 59, § 5.

186.200. Contents of bill of sale.

  1. The bill of sale provided for by KRS 186.190 shall contain the date, the purchaser’s name and post office address, seller’s name and post office address, and the information provided for in KRS 186.030 and shall be subscribed and sworn to before any officer authorized to administer an oath.
  2. No person for himself or his employee or agent or as an officer of any court, shall sell, trade, transfer or deliver any motor vehicle without at the same time making a bill of sale in quadruplicate and delivering the original and two (2) copies thereof to the county clerk. The county clerk shall retain one (1) copy of the bill of sale and shall deliver the original copy to the purchaser together with the registration receipt or transfer of registration, and attach the other copy to the Revenue Cabinet’s copy of the registration receipt of transfer of registration. No person shall sign a bill of sale until the purchaser’s name is shown thereon.

History. 2739g-14: amend. Acts 1958, ch. 82, § 7; 1962, ch. 62, § 13; 1976, ch. 133, § 11; 1978, ch. 239, § 14, effective June 17, 1978.

NOTES TO DECISIONS

1.Compliance.
2.— Evidence of Title.

The provisions of this section are police measures and neither compliance nor noncompliance with their terms is conclusive of question of title, although persuasive. Siler v. Williford, 350 S.W.2d 704, 1961 Ky. LEXIS 129 ( Ky. 1961 ).

Where a wife was injured while riding in a car driven by her husband, the bill of sale for the car was made to the wife, the conditional sales contract for the car was made by her, and the car was licensed in her name, the statements of the husband and wife that the car was owned by their son were not sufficient to overcome the presumption raised by the documents that she owned it. Siler v. Williford, 350 S.W.2d 704, 1961 Ky. LEXIS 129 ( Ky. 1961 ).

3.— License Requirement.

Before a license can be obtained for a new automobile, the buyer must present to the county clerk his bill of sale, executed in accordance with this section. Bobbitt v. Cundiff, 296 Ky. 802 , 177 S.W.2d 596, 1943 Ky. LEXIS 170 ( Ky. 1943 ).

Without a bill of sale conforming to the requirements of this section and without the registration receipt an automobile buyer could not obtain a license or legally operate the automobile upon any highway. Harlow v. Dick, 245 S.W.2d 616, 1952 Ky. LEXIS 601 ( Ky. 1952 ).

4.Sale.

KRS 186.190 and this section are revenue measures designed to insure payment of the motor vehicle usage tax at the time of registration and are entirely distinct from the provisions of the uniform commercial code governing sales. Lexington Mack, Inc. v. Miller, 555 S.W.2d 249, 1977 Ky. LEXIS 500 ( Ky. 1977 ).

5.— Date.

An automobile purchased by an insured from a 20-year-old boy alleged to be the owner, although title was in his father’s name, started by the purchaser with his own keys and driven without the permission of either the boy or his father was not covered by the provisions of purchaser’s insurance policy as a replacement automobile or an additional automobile owned by the purchaser on the date of the accident where the father did not sign the title papers or deliver the keys to the automobile until the following day which was a day after the accident. Ohio Casualty Ins. Co. v. Campbell, 345 F.2d 11, 1965 U.S. App. LEXIS 5576 (6th Cir. Ky. 1965 ).

While the bill of sale is not conclusive as to who is the actual owner, its execution and delivery, together with the surrender of the property therein described and the lodging of it for record is conclusive as to the date upon which the sale was consummated and is binding as to such date on the vendor and those claiming under him. Bobbitt v. Cundiff, 296 Ky. 802 , 177 S.W.2d 596, 1943 Ky. LEXIS 170 ( Ky. 1943 ).

6.— Not Void for Failure to Register Transfer.

The failure to register a transfer of title does not avoid a sale under this section and KRS 186.190 . Campbell v. State Farm Ins. Co., 346 S.W.2d 775, 1961 Ky. LEXIS 338 ( Ky. 1961 ).

7.— Conditional.

Where buyer of automobile gave note and used car in payment and received delivery pursuant to conditional sales contract retaining title in seller, seller’s alleged oral agreement to mail buyer legal transfer of automobile as required by this section would not prevent seller, upon buyer’s defaulting in payments, from recovering possession of automobile, since alleged oral agreement could not vary written contract. Geary-Gay Motor Co. v. Chasteen, 248 Ky. 283 , 58 S.W.2d 393, 1933 Ky. LEXIS 209 ( Ky. 1933 ).

8.— Non-judicial, Purchaser at.

Purchaser at a non-judicial sale for towing and storage under KRS 376.275 would be entitled to registration and license for the automobile upon his presentation to the county clerk of bill of sale in the prescribed form showing his status as a lienholder and upon presentation to the clerk of the original or a duplicate of the current registration receipt for the car. Department of Revenue v. Derringer, 399 S.W.2d 482, 1966 Ky. LEXIS 467 ( Ky. 1966 ).

9.Noncompliance.

A failure to comply with the law requiring the registration of an automobile does not preclude recovery for injuries received in its operation since such omission has no causal connection with accident. Pickering v. Simpkins, 271 Ky. 288 , 111 S.W.2d 650, 1937 Ky. LEXIS 223 ( Ky. 1937 ).

10.Bill of Sale.

Where purchaser of an automobile has never received a bill of sale as described in this section or a receipt evidencing registration as provided in this section, consideration for the contract has failed, for without a bill of sale conforming to this section the purchaser cannot obtain a license for the car and without the registration receipt he cannot obtain a license or legally operate the car upon the highway and if the purchaser has done all he reasonably can to obtain these papers and has been denied them, he has proven a failure of consideration and is entitled to rescind the contract or recover damages for its breach. Brooks v. Williams, 268 S.W.2d 650, 1954 Ky. LEXIS 922 ( Ky. 1954 ).

11.— Impeachment.

Bill of sale for an automobile may be impeached by parol evidence “clearly showing” title in another. Gateway Auto. Auction, Inc. v. General Motors Acceptance Corp., 398 S.W.2d 498, 1966 Ky. LEXIS 496 ( Ky. 1966 ).

12.— Signing Blank Bill.

Owner of automobile who signed blank bill of sale and delivered car and bill of sale to his sales agent, who wrongfully transferred automobile to bona fide purchaser and converted proceeds, could not recover it from such purchaser. Bailey v. Hoover, 233 Ky. 681 , 26 S.W.2d 522, 1930 Ky. LEXIS 619 ( Ky. 1930 ).

13.— Failure to Claim.

The failure of the purchaser to pick up the bill of sale until some nine days after the sale and delivery of the car would not charge the sellers with liability for the alleged negligent acts of a stranger to whom the purchaser had entrusted the car. Amburgey v. Potter, 477 S.W.2d 786, 1972 Ky. LEXIS 363 ( Ky. 1972 ).

Cited:

Red Bird Motors, Inc. v. Endsley, 657 S.W.2d 954, 1983 Ky. App. LEXIS 328 (Ky. Ct. App. 1983); Rogers v. Wheeler, 864 S.W.2d 892, 1993 Ky. LEXIS 132 ( Ky. 1993 ).

Opinions of Attorney General.

A county clerk cannot refuse to transfer an automobile for the sole reason that the registration receipt of said automobile shows that it is encumbered with a lien. OAG 61-453 .

All authorization by the car owner for another to execute a sworn bill of sale to his car should designate an agent in writing in order to be conclusive as a matter of law. OAG 63-479 .

No one other than the car owner, his legally authorized agent, employe or representative, shall execute a bill of sale in the name of said owner without written authority as applies to other personal property. OAG 63-479 .

Where a lien for towing or storing a motor vehicle is enforced by a nonjudicial sale, the affidavit described in this section would be sufficient to authorize the issuance of a duplicate current registration receipt. OAG 66-369 .

Where a lien for towing or storing a motor vehicle is enforced by a nonjudicial sale, to effect a transfer of registration the bill of sale or the affidavit described in this section and the original or duplicate of the current registration receipt should be presented. OAG 66-369 .

This section and KRS 186.076 (now repealed), 186.090 (repealed), and 190.040 require that a motor vehicle dealer secure a transfer to his own name of all used cars acquired by that dealer before the county clerk is required to issue a transfer of registration from that dealer to any subsequent transferee. OAG 75-593 .

For the purpose of determining ownership of a motor vehicle involved in an accident, title passed when the consideration was paid and the vehicle was delivered to and accepted by the buyer; thus the buyer would be the owner in determining tort liability, even though a transfer of registration had not been effected. OAG 77-776 .

It is permissible for a deputy clerk to notarize a bill of sale in either of the following forms: (1) . . . . . . . . . . , deputy clerk or (2) . . . . . . . . . . county clerk, by: . . . . . . . . . . (deputy clerk). OAG 78-602 .

In order to effect the valid transfer of a transfer of registration after a nonjudicial sale for the enforcement of the statutory lien under KRS 376.275 , the bill of sale or a properly executed affidavit containing the information required by this section, and the original or a duplicate of the current registration receipt for the motor vehicle should be presented to the county clerk. OAG 81-359 .

186.210. False statements in applications prohibited — Possession of plates and receipts.

  1. No person shall make any false statement in an application for registration, application for duplicate receipt or plate, bill of sale, registration receipt, motor number or vehicle identification number. No person shall use, display or keep registration plates or registration receipts that do not belong or have not been issued to him. This subsection shall not apply to a false statement in an initial or renewal application for a military license plate issued under KRS 186.041 .
  2. No person shall make any false statement in an initial or renewal application for a military license plate issued under KRS 186.041 or use, display, or keep military license plates that do not belong or have not been issued to him.
  3. The penalties established in KRS 186.990 for violations of this section shall be printed prominently on every form or blank used for these purposes and furnished by the cabinet.

History. 2739g-22: amend. Acts 1954, ch. 153, § 6; 1958, ch. 82, § 8; 1976, ch. 133, § 12; 1978, ch. 239, § 15, effective June 17, 1978; 2008, ch. 15, § 2, effective July 15, 2008.

NOTES TO DECISIONS

Cited:

Rogers v. Wheeler, 864 S.W.2d 892, 1993 Ky. LEXIS 132 ( Ky. 1993 ).

Opinions of Attorney General.

If the registrant is a bona fide resident of the county wherein the vehicle is registered, the registration is valid for that year even though the registrant should become a resident of another county during that year. OAG 61-219 .

In an action brought against a person believed to be in violation of KRS 186.020 or this section, the burden of proof would be on the prosecuting attorney to show that the registrant was not a bona fide resident of the county of registration. OAG 61-219 .

Registrations are valid where a vendee purchases a vehicle from an individual vendor or dealer-vendor who registered the vehicle in a county other than the county of residence of the purchaser. OAG 61-219 .

Research References and Practice Aids

Cross-References.

“Cabinet” defined, KRS 186.010(1).

186.220. Denial and revocation of registration for violation of laws. [Repealed.]

Compiler’s Notes.

This section (2739g-59, 2739g-60) was repealed by Acts 1950, ch. 190, § 5.

186.230. County clerk’s duties — Lien on vehicle, effect — Issuance of plate without collecting taxes and fees prohibited.

The county clerk shall see that KRS 186.005 to 186.260 in his county are enforced. In so doing, he shall:

  1. Take all applications as provided in KRS 186.005 to 186.260 ;
  2. Issue the receipts on blanks furnished by the cabinet;
  3. Collect the fees due the state;
  4. Distribute the registration plates furnished by the Transportation Cabinet and Department of Vehicle Regulation and keep a complete public record of all registrations for his county, in his office;
  5. Report and remit each Monday to the Transportation Cabinet all moneys collected during the previous week, together with a duplicate of all receipts issued by him during the same period. He shall make all checks payable to the State Treasurer. Unless the clerk forwards duplicates of all receipts issued by him during the reporting period with his report and remits the amount shown due by the report within seven (7) days after the report and remittance are due, he shall pay a penalty of one percent (1%) per month or fraction thereof on the amount of money shown to be due on the report. The cabinet may in its discretion grant a county clerk a reasonable extension of time to file his report and remit all moneys not to exceed ten (10) days for any one (1) report. The extension however must be requested prior to the end of the seven (7) day period and shall begin to run at the end of said period. All penalties collected under this provision shall be paid into the State Treasury as a part of the revenue collected under KRS 186.005 to 186.260 ;
  6. The clerk shall mail to the Transportation Cabinet one (1) duplicate of all receipts issued by him within two (2) weeks of the date of issuance. The Transportation Cabinet shall make the receipts pertaining to commercial vehicles available to the Department of Vehicle Regulation for use in assimilating data therefrom;
  7. Account to the Transportation Cabinet for all registration plates and receipt forms consigned to him, at such time or times as the Transportation Cabinet may direct, and give the appropriate cabinet timely notice of a probable deficiency of plates or other supplies;
  8. Any county clerk, who in collecting the taxes and fees due the state or county clerk, accepts in payment thereof a check which is not honored upon presentment, shall have a lien on the vehicle for the amount of such check. This lien shall be subordinate to any prior perfected lien, either contractual or statutory;
  9. No person shall be permitted to sell, trade or transfer ownership of a motor vehicle if evidence is presented to the county clerk that any lien exists on the motor vehicle; and
  10. The county clerk shall not issue to any manufacturer or dealer any registration plate other than a manufacturer’s or dealer’s plate, or registration plate which is under a dealer assignment pursuant to KRS 186A.230 , except when the dealer registers a motor vehicle under a U-Drive-It permit, without collecting designated registration fees and applicable taxes.

History. 2739g-62, 2739g-63: amend. Acts 1942, ch. 78, § 11; 1960, ch. 37, § 3; 1962, ch. 62, § 14; 1964, ch. 59, § 3; 1974, ch. 74, Art. IV, § 20(2), (7), (9); 1976, ch. 133, § 13; 1978, ch. 239, § 16, effective June 17, 1978; 1986, ch. 431, § 13, effective July 15, 1986.

NOTES TO DECISIONS

1.Liability of Clerk.

County clerk was liable for failure to use proper care as bailee of public funds, where he collected license taxes aggregating $1,362 after banks had closed, placed them in locked iron safe in office in county courthouse, without watchman, from midnight to daytime, and during that period safe was burglarized. Commonwealth v. Polk, 256 Ky. 100 , 75 S.W.2d 761, 1934 Ky. LEXIS 361 ( Ky. 1934 ).

Opinions of Attorney General.

Although a statutory lien on the vehicle is created on behalf of a county clerk when a check to him for registration fee is dishonored, he may not make a note of such lien on the registration receipt. OAG 74-744 .

There is no statutory provision for the recordation of a clerk’s lien on a vehicle registered in the clerk’s office by payment of a check which is later dishonored upon presentment for payment. OAG 74-780 .

Since this section provides no method for the enforcement of the lien that it creates in subsection (8), the clerk, where the check bounces, can either sue: (1) by way of ordinary action to collect the debt; or (2) by way of an equitable type action in circuit court to have the debt satisfied out of the vehicle to which the lien applies and the lien could only be binding on those affected persons having actual notice of the lien. OAG 77-104 .

Subsection (9) of this section must be read in connection with KRS 186.045 (2)(a), covering financing statement affecting vehicles filing time, fees and notations showing security interests. OAG 79-31 (opinion prior to 1986 amendment of KRS 186.045 ).

Because subsection (9) of this section does not provide any essential protection to the rights of creditors, but does not severely restrict the individual’s use and disposition of his property, it is an unconstitutional infringement upon the right to acquire and protect property and to be free from any unreasonable restraint upon the use of property in violation of Ky. Const., §§ 1 and 2. OAG 79-445 .

“Motor vehicle” within subsection (9) of this section encompasses all forms of mobile transportation which are subject to the registration requirements of KRS chapter 186. OAG 79-445 .

Subsection (9) of this section applies to any lien which is noted on the face of the registration receipt or certificate of title of the motor vehicle. OAG 79-445 .

Subsection (9) of this section does not promote any legitimate public interest. OAG 79-445 .

Subsection (9) of this section is unconstitutional because the classification set out therein is arbitrary in violation of Ky. Const., §§ 2 and 59. OAG 79-445 .

Subsection (9) of this section is unconstitutional, is void ab initio, and should not be enforced. OAG 79-445 .

The term “lien” in subsection (9) of this section applies to security interests as well as to statutory, common-law or other liens. OAG 79-445 .

Subsection (9) of this section, which prohibits the alienability or transfer of a motor vehicle while a lien is still on it, is clearly unconstitutional since it promotes no perceptible and clear legitimate public interest and has no reasonable relation to such police power objects as public safety, health, peace, good order or morals; thus, the statutory restraint is unreasonable and arbitrary under Ky. Const., § 2. OAG 81-160 .

Where the original purchaser of a mobile home purports to transfer any interest he has in the home to a third party through a “transfer of equity and assumption agreement” with the third party’s assumption of the remaining obligation due under the original security agreement covering the vehicle, the county clerk should accept the transfer and note the lien on the new registration certificate issued to the new owner, since subsection (9) of this section, which restricts alienability of vehicles while a lien exists, is clearly unconstitutional, and since KRS 355.9-311 permits the alienability of a secured transaction debtor’s rights. OAG 81-160 .

It is not necessary for tax liens to be noted on the certificate of title or registration except with respect to ad valorem tax liens as provided in KRS 134.148(4). OAG 84-339 .

The county clerk can require payment of all tax liens against a mobile home before transferring registration to its new owner if the liens have been properly filed. OAG 84-339 .

Research References and Practice Aids

Cross-References.

Receipts of state moneys to be deposited in state treasury, KRS 41.070 .

Report and accounting of state funds by local officers, KRS ch. 46.

186.232. Registration not transferable until taxes paid, lien released, and proof of insurance and notarized affidavit presented.

  1. The county clerk shall not transfer the registration on any motor vehicle or trailer against which a tax lien has been filed until the taxes have been paid and the lien has been released.
  2. The county clerk shall not transfer the registration of any motor vehicle unless the transferee presents proof of insurance in compliance with KRS 304.39-080 and KRS 186.190 .
  3. If a notarized affidavit is required and available under KRS 138.450 , the county clerk shall not transfer the registration of a motor vehicle unless the notarized affidavit attesting to the total and actual consideration paid or to be paid for the motor vehicle is presented to the clerk at the time of the transfer. If a notarized affidavit is required but is not available, the county clerk shall contact the Department of Revenue to determine the “retail price” of the vehicle and any taxes due prior to transferring the vehicle.
  4. The county clerk shall not transfer title on a motor vehicle if there are delinquent ad valorem taxes on the motor vehicle.

History. Enact. Acts 1980, ch. 240, § 3, effective July 15, 1980; 1994, ch. 504, § 2, effective July 15, 1994; 1998, ch. 600, § 7, effective April 14, 1998; 2005, ch. 85, § 606, effective June 20, 2005; 2011, ch. 5, § 4, effective January 1, 2013.

Compiler’s Notes.

Section 11 of Acts 1998, ch. 600, stated: “The amendments contained in Sections 3 to 8 of this Act shall apply to motor vehicles sold after July 31, 1998.”

NOTES TO DECISIONS

Cited:

Kling v. Geary, 667 S.W.2d 379, 1984 Ky. LEXIS 216 ( Ky. 1984 ).

Opinions of Attorney General.

A tax lien on an automobile, once perfected by the filing required under KRS 134.148(2) must be paid off by one who seeks to repossess and retransfer an automobile pursuant to a prior recorded security interest; the clerk is prohibited by KRS 186.193 and this section from transferring title until the lien is paid and released. OAG 83-477 .

KRS 186.193 and this section apply to all tax liens of every sort which have been filed. OAG 84-339 .

Neither KRS 186.193 nor this section support an arbitrary classification in violation of Ky. Const., §§ 2 and 59; these statutes apply equally to all vehicles and trailers which are to be operated on the highways of this state. OAG 84-339 .

It is not necessary for tax liens to be noted on the certificate of title or registration except with respect to ad valorem tax liens as provided in KRS 134.148(4). OAG 84-339 .

The county clerk can require payment of all tax liens against a mobile home before transferring registration to its new owner if the liens have been properly filed. OAG 84-339 .

KRS 186.193 and this section do not affect the relationship between the purchaser and the seller of a mobile home; the tax lien is a matter of public record and obviously subject to negotiations between the parties at the time of the sale, transfer of title, and registration. The purchaser is free to accept or reject the offer; if the purchaser accepts the offer, the statutes do not prevent the purchaser from taking title to the mobile home; the statutes only prevent the purchaser from registering the mobile home until the tax lien has been paid. OAG 84-339 .

186.235. Inspection prior to registration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 82, § 10; 1960, ch. 37, § 4; 1962, ch. 62, § 15; 1966, ch. 139, § 12; 1974, ch. 74, Art. IV, § 20(2); 1974, ch. 272, § 1; 1976, ch. 354, § 1) was repealed by Acts 1982, ch. 164, § 69, effective July 15, 1982.

186.240. Cabinet to furnish forms and plates — Records — Receipts — Reflectorized license plate program fund — Use of receipts — Accounting by clerk — Audit.

  1. It shall be the duty of the cabinet to carry out the provisions of KRS 186.005 to 186.260 , and:
    1. Provide to the clerk in each county access to all forms provided for in KRS 186.005 to 186.260 ;
    2. Keep a numerical record of all registration numbers issued in the state and also keep a record of motor or vehicle identification numbers required by KRS 186.160 ; and
    3. Furnish to each clerk, originally each year upon estimate, and thereafter upon requisition at all times, a sufficient supply of standard, noncommercial plates and the supplies necessary to provide evidence of registration for all classes of vehicles required to be registered.
    4. Prescribe a plate of practical form and size for police identification purposes that shall contain:
      1. The registration identifier;
      2. An indication that Kentucky is the issuing jurisdiction;
      3. For standard plates for noncommercial vehicles, the county in which the plate is issued;
      4. For plates for commercial vehicles, the year the license expires and words or information the Department of Vehicle Regulation may prescribe by administrative regulation, pursuant to KRS Chapter 13A; and
      5. At the discretion of the cabinet, a state slogan.
  2. License plates issued pursuant to this chapter shall conform to the provisions of subsection (1)(c) and (d) of this section.  The Transportation Cabinet shall provide for the issuance of reflectorized plates for all motor vehicles, and shall collect a fee, in addition to the fee set out in KRS Chapter 186 and KRS 281.631 , of fifty cents ($0.50). The fifty cents ($0.50) fee to reflectorize license plates shall be used by the cabinet as provided in subsection (3) of this section.
  3. The reflectorized license plate program fund is established in the state road fund and appropriated on a continual basis to the cabinet to administer the moneys as provided in this subsection. The fifty cents ($0.50) fee collected by the cabinet to reflectorize license plates shall be deposited into the program fund and used to issue reflectorized license plates. If at the end of a fiscal year, money remains in the program fund, it shall be retained in the fund and shall not revert to the state road fund. The interest and income earned on money in the program fund shall also be retained in the program fund to carry out the provisions of this subsection. The Transportation Cabinet shall issue reflectorized license plates under the provisions of this subsection on a schedule to be determined at the discretion of the cabinet.
  4. Except as directed under subsection (3) of this section, the Transportation Cabinet shall receive all moneys forwarded by the clerk in each county and turn it over to the State Treasurer for the benefit of the state road fund.
  5. The Transportation Cabinet shall require an accounting by the clerk in each county for any moneys received by him under the provisions of this chapter, after the deduction of his fees under this chapter, and for all receipts, forms, plates, and insignia consigned to him. The Auditor of Public Accounts, pursuant to KRS 43.071 , shall annually audit each county clerk concerning his responsibilities for the collection of various fees and taxes associated with motor vehicles. The secretary of the Transportation Cabinet, with the advice, consultation, and approval of the Auditor, shall develop and implement an inventory and accounting system which shall insure that the audits mandated in KRS 43.071 are performed in accordance with generally accepted auditing standards. The Transportation Cabinet shall pay for the audits mandated by KRS 43.071.
  6. When applied for under KRS 186.060 or 186.061 , motor or vehicle numbers assigned shall be distinctive to show that they were designated by the cabinet.

History. 2739g-63: amend. Acts 1942, ch. 78, §§ 6, 11; 1946, ch. 208, § 5; 1948, ch. 126, § 4; 1950, ch. 190, § 6; 1954, ch. 153, § 7; 1962, ch. 62, § 16; 1966, ch. 139, § 13; 1974, ch. 74, Art. IV, § 20(2), (9); 1976, ch. 133, § 14; 1976, ch. 366, § 2; 1980, ch. 229, § 1, effective January 1, 1983; 1986, ch. 86, § 1, effective July 15, 1986; 1986, ch. 429, § 2, effective July 15, 1986; 1990, ch. 296, § 1, effective July 13, 1990; 1990, ch. 498, § 5, effective July 13, 1990; 1992, ch. 221, § 1, effective July 14, 1992; 2000, ch. 180, § 1, effective July 14, 2000; 2005, ch. 50, § 1, effective June 20, 2005; 2015 ch. 19, § 40, effective June 24, 2015; 2021 ch. 53, § 2, effective June 29, 2021.

NOTES TO DECISIONS

1.Fees of Clerk.

This section, requiring accounting by county clerk for money received “after deduction of his fees under this act (now chapter),” did not permit deduction of five percent (5%) commissions authorized by other laws, since fees deductible were those authorized by law, which did not provide for five percent (5%) commissions. Lewis v. James, 191 Ky. 769 , 231 S.W. 526, 1921 Ky. LEXIS 392 ( Ky. 1921 ).

County clerk is not entitled to five percent (5%) of motor vehicle license fees. Lewis v. James, 191 Ky. 769 , 231 S.W. 526, 1921 Ky. LEXIS 392 ( Ky. 1921 ).

Cited in:

Reeves v. Gerard, 255 S.W.2d 21, 1953 Ky. LEXIS 629 ( Ky. 1953 ), overruled, Maynard v. Commonwealth, 538 S.W.2d 38, 1976 Ky. LEXIS 60 ( Ky. 1976 ), overruled in part, Maynard v. Commonwealth, 538 S.W.2d 38, 1976 Ky. LEXIS 60 ( Ky. 1976 ).

Research References and Practice Aids

Cross-References.

“Cabinet” defined, KRS 186.010(1).

Period for which records to be preserved, KRS 131.185 .

Receipts of state moneys to be deposited in state treasury, KRS 41.070 .

Money not to be drawn from Treasury unless appropriated — Annual publication of accounts — Certain revenues usable only for highway purposes, Ky. Const., § 230.

2020-2022 Budget Reference.

See Transportation Cabinet Budget, 2021 Ky. Acts ch. 198, Section 1, Pt. II, A, 2, 001, (1) at 1511.

186.245. Posting of notice about 2006 increases in fees of county clerks.

Beginning January 1, 2007, every county clerk shall post a permanent notice that the fee increases contained in 2006 Ky. Acts ch. 255 were requested by the Kentucky County Clerks Association. The notice shall be printed in bold face type of sufficient point size to be read from a distance of at least three (3) feet. The notice shall be posted in a conspicuous place to ensure that every person who enters the county clerk’s office will readily see the notice.

History. Enact. Acts 1994, ch. 428, § 36, effective July 15, 1994; 2006, ch. 255, § 2, effective January 1, 2007.

186.250. Courts to notify department of convictions. [Repealed.]

Compiler’s Notes.

This section (2739g-61) was repealed by Acts 1962, ch. 62, § 17.

186.260. Arrests and bail for violations.

KRS 281.765 shall apply in the case of arrests and bail for a violation of any of the provisions of KRS 186.020 to 186.260 .

History. 2739g-64.

186.270. City license taxes on trucks, tractors and trailers — Notice of new or increased tax.

Cities may, by ordinance, impose license taxes on motor trucks, truck-tractors, semitrailers and trailers and require that registration plates issued as evidence of the licenses be affixed to the vehicle in some conspicuous place as prescribed by ordinance. No new or increased license tax on motor trucks, truck-tractors, semitrailers and trailers shall be effective unless the owners thereof or licensees are mailed notice of the new tax at least ten (10) days prior to the effective date of the tax.

History. 2739g-92: amend. Acts 1964, ch. 119, § 1.

NOTES TO DECISIONS

1.Application.

Under this section, a city of the fifth class may by ordinance tax and license firms operating trucks in the city whose trucks also operate outside the city and beyond the five mile limit mentioned in KRS 189.280 (2), since the purpose of KRS 189.280 is only to suspend statutory regulations as to weight and size within city and five mile limit where city chooses to regulate size and weight. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

2.Nonresidents.

Nonresident furniture dealers who at no time had attempted to solicit or obtain business as a regular matter in the city were not engaged in an occupation, trade or profession in the city and deliveries to 12 to 25 customers in the city during a year would not subject dealers to city license fee imposed under KRS 92.281 or this section since due to the bulky nature of the products sold delivery by the vendor is necessary and in accordance with the custom of the business as an incidental detail in the final consummation of the sale. H. H. Leet Furniture Co. v. Richmond, 357 S.W.2d 329, 1962 Ky. LEXIS 123 ( Ky. 1962 ).

3.License and Occupational Taxes Imposed.

Ordinance of city of Louisville imposing license tax upon every “owner or operator of a motor truck” upon the city streets was not invalid as double taxation when applied to persons engaged in the business of renting trucks on a “U-drive-it” basis, although such persons were also required to pay a license tax for the privilege of engaging in such business, the first tax being a regulatory measure. Hertz Drivurself Stations, Inc. v. Louisville, 294 Ky. 568 , 172 S.W.2d 207, 1943 Ky. LEXIS 489 ( Ky. 1943 ).

4.Basis.

A city having authority to levy a license tax on trucks using its streets may base the tax upon type, size, horsepower or number of trucks used. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

A city ordinance enacted under this section may license and tax trucks without regulating size or weight, and may apply to firms which own and operate trucks, but are not solely engaged in the business of trucking. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

A city ordinance licensing and taxing firms “doing business” in the city “by the operation of motor truck or trucks upon and over the streets of said city,” was not vague and uncertain, since the class of trucks intended to be licensed and taxed was designated with sufficient clearness. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

A city ordinance may tax each of the trucks owned by a single firm and operated by it over the city streets. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

An ordinance taxing trucks operating within a city, on the basis of load capacity, regardless of the number of miles actually traveled over the streets, is not discriminatory or confiscatory and does not violate the U. S. Const., 14th Amend.Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

5.Rate.

An ordinance of a city of the fifth class, which did not regulate trucks, but licensed and taxed them at a graduated rate based on load capacity, so that license fees represented approximately ten per cent of the city’s revenues, was valid as a police measure, and not a revenue measure, since such fees are not shown to be unreasonable in view of the damage done to streets by heavy trucks. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

6.Exemption of Common and Contract Carriers.

City may not require “permit” of operator of vehicle who has certificate or permit under motor carrier act. Pineville v. Meeks, 254 Ky. 167 , 71 S.W.2d 33, 1934 Ky. LEXIS 48 ( Ky. 1934 ).

Provision of law prohibiting cities from imposing license tax on vehicles operated under a certificate or permit created an implied exception to this section notwithstanding that both sections were passed at the same legislative session. Pineville v. Meeks, 254 Ky. 167 , 71 S.W.2d 33, 1934 Ky. LEXIS 48 ( Ky. 1934 ).

A city of the fifth class may, under its police power, impose a license tax on firms doing business in the city by operating trucks on its streets, other than common carriers or contract carriers. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

A city ordinance taxing all firms operating their own motor trucks on the city streets did not violate KRS ch. 281, since that statute regulated only common carriers and contract carriers. Kroger Grocery & Baking Co. v. Lancaster, 276 Ky. 585 , 124 S.W.2d 745, 1938 Ky. LEXIS 558 ( Ky. 1938 ).

7.Reciprocity Applicable.

Reciprocity provision exempting nonresidents from Kentucky registration laws applied to city license taxes, and was not unconstitutional as so applied even though cities had power to impose tax on residents. Newport v. Merkel Bros. Co., 156 Ky. 580 , 161 S.W. 549, 1913 Ky. LEXIS 478 ( Ky. 1913 ) (decided under prior law).

8.Ad Valorem and License Taxes Not Double Taxation.

Although ad valorem tax was imposed on vehicles as to which license fee was also imposed, there was not double taxation, ad valorem tax being on the property, and license fee being on occupation of owner. Covington v. Woods, 98 Ky. 344 , 33 S.W. 84, 17 Ky. L. Rptr. 927 , 1895 Ky. LEXIS 61 ( Ky. 1895 ) (decided under prior law).

Opinions of Attorney General.

If trucks are not exempt under the provisions of KRS ch. 281 or opinions of the courts, they may be subject to a vehicle tax for the use of the city streets, under the city’s police power, if they are locally owned and are regularly garaged within the city. OAG 62-179 .

A city can impose both an occupational tax upon a business using a motor vehicle and a motor vehicle tax on the same motor vehicle subject to the limitations of KRS 189.280 and 281.830 . OAG 63-65 .

Trucks operating in interstate commerce which have complied with KRS 281.835 and, also, trucks of nonresidents which have complied with valid domiciliary laws requiring licensing, registering, and numbering of vehicles in their home state would not be subject to a city tax imposed under this section. OAG 63-911 .

The validity of the tax as levied on the vehicles of nonresidents depends upon the regularity of the use of the streets during the tax period. OAG 63-911 .

A city can levy a license tax on the motor vehicle owned by both residents or nonresidents for the use of the city streets. OAG 63-911 .

Where buses were operated pursuant to a certificate issued by the interstate commerce commission, they came within the provisions of KRS 281.830(2) and were exempt from taxation by a city. OAG 68-341 .

Research References and Practice Aids

Kentucky Law Journal.

Garrison and Martin, Kentucky Commercial Motor Vehicle Transportation Tax Legislation I, 33 Ky. L.J. 3 (1944).

186.275. Motor vehicle not to be registered without proof of payment of state and county taxes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 211, § 1) was repealed by Acts 1966, ch. 255, § 283.

186.276. Seat tax on airport shuttle vehicles. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1966, ch. 139, § 20; 1990, ch. 198, § 3, effective July 13, 1990) was repealed by Acts 1998, ch. 565, § 7, effective July 15, 1998.

186.280. Motor vehicle not to be registered without proof of payment of city taxes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 211, § 2) was repealed by Acts 1966, ch. 255, § 283.

186.281. Seat and other vehicle taxes. [Repealed]

HISTORY: Enact. Acts 1966, ch. 139, § 21; 1974, ch. 74, Art. IV, § 20(2); 1978, ch. 232, § 14, effective June 17, 1978; 1984, ch. 151, § 2, effective July 13, 1984; 1990, ch. 198, § 4, effective July 13, 1990; 1994, ch. 448, § 2, effective July 15, 1994; repealed by 2015 ch. 19, § 45, effective June 24, 2015.

Compiler's Notes.

This section (Enact. Acts 1966, ch. 139, § 21; 1974, ch. 74, Art. IV, § 20(2); 1978, ch. 232, § 14, effective June 17, 1978; 1984, ch. 151, § 2, effective July 13, 1984; 1990, ch. 198, § 4, effective July 13, 1990; 1994, ch. 448, § 2, effective July 15, 1994) was repealed by Acts 2015, ch. 19, § 45, effective June 24, 2015).

186.285. Requirements of KRS 186.275 and 186.280 to be additional to other motor vehicle registration requirements. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 211, § 3) was repealed by Acts 1966, ch. 255, § 283.

186.286. Apportionment of seat taxes. [Repealed]

HISTORY: Enact. Acts 1966, ch. 139, § 24; 1984, ch. 151, § 3, effective July 13, 1984; repealed by 2015 ch. 19, § 45, effective June 24, 2015.

Compiler's Notes.

This section (Enact. Acts 1966, ch. 139, § 24; 1984, ch. 151, § 3, effective July 13, 1984) was repealed by Acts 2015, ch. 19, § 45, effective June 24, 2015).

186.290. Information on motor vehicle emissions test status and compliance.

  1. The Department of Vehicle Regulation shall provide and receive information on the emissions test status of vehicles registered in the Commonwealth of Kentucky. The Department of Vehicle Regulation shall provide appropriate emissions test and compliance status to the Department of Information Systems for inclusion in the AVIS database.
  2. Upon notification to the Department of Vehicle Regulation from a county air pollution control district or the Energy and Environment Cabinet of expiration of a vehicle emissions compliance certificate, the Department of Vehicle Regulation shall immediately notify the person who owns the vehicle that unless evidence of compliance is received within thirty (30) days, the department shall revoke the registration of the motor vehicle until:
    1. The person presents an emissions certificate to the county clerk and pays the reinstatement fee required under KRS 186.180 ; or
    2. The person presents proof in the form of an affidavit stating, under penalty of perjury as set forth in KRS 523.030 , that failure to obtain a current emissions certificate is the result of the inoperable condition of the motor vehicle.
  3. The provisions of this section and KRS 186.180 , 186.990 , 224.20-760 , and 224.20-765 shall not prevent the Transportation Cabinet, a county air pollution district, or the Energy and Environment Cabinet from seeking the enforcement or operation of any other statute or ordinance that ensures the compliance of motor vehicles in the Commonwealth under KRS Chapter 186, KRS 224.20-710 to 224.20-765 , or KRS Chapter 77.
  4. The provisions of this section and KRS 186.180 , 186.990 , 224.20-760 , and 224.20-765 shall apply to vehicles that are registered in a county authorized under KRS 224.20-710 to 224.20-765 or KRS Chapter 77 to conduct vehicle emissions tests.

History. Enact. Acts 2000, ch. 441, § 1, effective July 14, 2000; 2010, ch. 24, § 236, effective July 15, 2010.

Operator’s License

186.400. Duties of Transportation Cabinet — Administration of laws.

  1. The administration of the provisions of KRS 186.400 to 186.640 shall be vested in the Transportation Cabinet. The Transportation Cabinet may prescribe regulations for the enforcement of KRS 186.400 to 186.640 . The Transportation Cabinet also shall enforce regulations governing the acts of motor vehicle operators under KRS 186.400 to 186.640 and require reports which it deems necessary.
  2. The cabinet shall provide or cause to be provided to appropriate persons or officials an adequate supply of forms for the administration of KRS 186.400 to 186.640 . The style of those forms and the method of their use shall be prescribed by the cabinet and shall be adequate to protect the safety interests of the state. The Transportation Cabinet shall prescribe the method of financial control.
    1. The Transportation Cabinet shall collect all moneys due the state under KRS 186.531 for operators’ licenses and personal identification cards issued, and shall deposit those moneys with the state treasurer. (3) (a) The Transportation Cabinet shall collect all moneys due the state under KRS 186.531 for operators’ licenses and personal identification cards issued, and shall deposit those moneys with the state treasurer.
    2. At least once each year the secretary of the Transportation Cabinet shall cause a reconciliation to be made between the record of receipts by the Transportation Cabinet and the receipt of applications by the Transportation Cabinet.

History. 2739m-55, 2739m-70: amend. Acts 1956 (1st Ex. Sess.), ch. 7, Art. X, § 11; 2020 ch. 51, § 1, effective March 27, 2020.

NOTES TO DECISIONS

1.Regulations Prescribed.

The Department of Public Safety (now Transportation Cabinet) in adopting a point system providing for the suspension of a driver’s license after a driver has accumulated a certain number of points, acted within the scope of the power delegated to it under KRS 186.570 because the regulations neither enlarged nor restricted the application of the terms of the statute but merely declared an administrative policy within its express terms; the point system provides a fair and workable method of effectuating the provisions of KRS 186.570 . Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

KRS 186.570 is not unconstitutional in that the legislative functions have been delegated to an administrative body without providing any criteria or standards in the legislative act since the point system adopted by the department under its power to promulgate rules and regulations is constitutionally sound and the administration of the traffic rules can lawfully be delegated to administrative officials. Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

Opinions of Attorney General.

An operator’s license issued to a minor should be canceled where the parent required to sign for the minor rescinds his request or renounces his assumption of liability but where evidence of the minor’s financial responsibility remains in the file. OAG 65-840 .

The operation of a motorcycle by a person under 16 along the shoulder of a highway in Kentucky is prohibited and constitutes the offense of operation of a motor vehicle without a permit. OAG 69-356 .

Research References and Practice Aids

Cross-References.

Appeal from ruling of cabinet, KRS 186.580 .

Peace officers to enforce motor vehicle laws, KRS 281.765 .

186.401. Definitions of “driver’s license,” “operator’s license,” and “commercial driver’s license.”

As used in KRS 186.400 to 186.640 :

  1. Driver’s license means an operator’s license issued pursuant to KRS 186.4102 , 186.412 , and 186.4121 ;
  2. “Operator’s license,” unless otherwise indicated, includes a motor vehicle operator’s license, a motorcycle operator’s license, and a combination motor vehicle-motorcycle license; and
  3. Commercial driver’s license means a license issued pursuant to KRS Chapter 281A.

History. Enact. Acts 1990, ch. 455, § 27, effective July 13, 1990; 2017 ch. 100, § 12, effective January 1, 2019.

186.402. Statement of legislative intent relating to young drivers.

It is the goal of the General Assembly to improve traffic safety and reduce traffic accident injuries and fatalities by controlling a young driver’s exposure and progressively moving the driver into more difficult driving experiences prior to full licensure.

History. Enact. Acts 1996, ch. 198, § 1, effective October 1, 1996.

Compiler’s Notes.

Section 20 of Acts 1996, ch. 198 read: “Whereas in order to give local school districts the opportunity to decide if they want to add driver’s education to the district’s curriculum the provisions of this Act take effect on October 1, 1996.”

186.403. Voluntary travel ID instruction permits, operator’s licenses, commercial driver’s licenses, and personal identification cards — Application — Fees — Issuance — Administrative regulations.

  1. The Transportation Cabinet shall develop a system of issuing voluntary travel ID instruction permits, operator’s licenses, commercial driver’s licenses, and personal identification cards.
  2. The development of the system identified in subsection (1) of this section shall include but not be limited to the:
    1. Acquisition of equipment and information technology systems and services;
    2. Modification, conversion, or upgrade of the cabinet’s existing databases, equipment, and information technology systems;
    3. Establishment of electronic connectivity with any other state’s driver licensing department, federal agency, national or regional association, or business. Electronic connectivity under this paragraph shall be limited to the sharing of the minimum amount of information necessary to validate information supplied by an applicant, process the application, and produce and distribute the identity document. The Transportation Cabinet shall limit any access to the databases developed under this chapter in accordance with the Driver’s Privacy Protection Act, 18 U.S.C. sec. 2721 ;
    4. Creation of a new design for operator’s licenses, commercial driver’s licenses, instruction permits, and personal identification cards that will meet the minimum content, design, and security standards required under this section;
    5. Collection, management, and retention of personal information and identity documents; and
    6. Development and implementation of a comprehensive security plan to ensure the security and integrity of the department’s:
      1. Employees;
      2. Facilities;
      3. Storage systems;
      4. Production of operator’s licenses, commercial driver’s licenses, instruction permits, and personal identification cards; and
      5. Collection and retention of personal information and identity documents.
  3. On or after January 1, 2019:
    1. A person who applies for an initial Kentucky instruction permit, operator’s license, or personal identification card under KRS 412, 186.4121 , 186.4122 , or 186.4123 , including any person who establishes residency in the state, may apply for either a voluntary travel ID or a standard instruction permit, operator’s license, or personal identification card;
    2. A person who applies for the renewal of an instruction permit, operator’s license, or personal identification card under KRS 412, 186.4121 , 186.4122 , or 186.4123 may apply for either a voluntary travel ID or a standard instruction permit, operator’s license, or personal identification card; and
    3. A person who holds a voluntary travel ID operator’s license, and applies for and passes all necessary examinations for a commercial driver’s license under KRS Chapter 281A, shall receive a voluntary travel ID commercial driver’s license. This paragraph shall not apply to a person who is not a citizen or permanent resident of the United States.
  4. The fees for initial, renewal, duplicate, or corrected voluntary travel ID or standard operator’s licenses, instruction permits, or personal identification cards shall be as set forth under KRS 186.531 .
  5. A voluntary travel ID identity document issued by the cabinet may be used for all state purposes authorized for identity documents otherwise issued under KRS 186.400 to 186.640 and Chapter 281A.
  6. The Transportation Cabinet shall promulgate administrative regulations under KRS Chapter 13A that set standards for the establishment of a voluntary travel ID identity document system, including but not limited to the components of the system identified in subsection (2) of this section.

HISTORY: 2017 ch. 100, § 10, effective June 29, 2017.

186.405. Registration with United States Selective Service System — Duties of cabinet.

  1. Any United States male citizen or immigrant who is at least eighteen (18) years of age but less than twenty-six (26) years of age shall be registered for the United States Selective Service System when applying to the Transportation Cabinet for the issuance, renewal, or duplicate copy of:
    1. An operator’s license;
    2. A commercial driver’s license; or
    3. A personal identification card.
  2. This registration is in compliance with federal Selective Service System requirements.
  3. The Transportation Cabinet shall forward, in an electronic format, the necessary personal information required for registration of the applicants identified in this section to the Selective Service System via the American Association of Motor Vehicles Administrators Network. If an applicant declines registration, the Transportation Cabinet shall forward the necessary personal information to the Selective Service System with the notation that automatic registration was declined.
  4. The applicant’s submission of the application shall serve as an indication that the applicant has already registered with the Selective Service System, or that he is authorizing the Transportation Cabinet to forward the necessary information for registration to the Selective Service System.
  5. The Transportation Cabinet shall include the following statement on applications for licenses or identification cards described in this section: “By submitting this application, I am consenting to registration with the federal Selective Service System, if so required. If under eighteen (18) years of age, I understand that I will be registered as required by federal law when I attain eighteen (18) years of age.” In the event the applicant declines Selective Service registration, the cabinet may issue an operator’s license or personal identification card, but shall forward the necessary personal information to the Selective Service System.

History. Enact. Acts 2003, ch. 60, § 1, effective June 24, 2003; 2006, ch. 173, § 28, effective July 12, 2006.

186.410. Operators’ licenses — Requirements and issuance — Personal identification cards, validity — Driver training programs — Application for travel ID or standard document.

  1. Every person except those exempted by KRS 186.420 and 186.430 shall, before operating a motor vehicle, motorcycle, or moped upon a highway, secure an operator’s license as provided in this chapter.
  2. Except as provided in KRS 186.4121 , all original, renewal, and duplicate personal identification cards and licenses for the operation of motor vehicles, motorcycles, or mopeds shall be applied for with the Transportation Cabinet, or through alternative technology, and issued by the Transportation Cabinet. Subject to the provisions of KRS 186.4101 , applications for renewal licenses and personal identification cards shall be made every eight (8) years within the birth month of the applicant. A license shall not be issued until the application has been certified by the cabinet and the applicant has, if required under KRS 186.635 , successfully completed the examinations required under KRS 186.480 .
  3. All personal identification cards shall be issued under the provisions of KRS 186.4102 , 186.4122 , and 186.4123 .
  4. A person under the age of eighteen (18) years who applies for an instruction permit shall, at any time between the age of sixteen (16) and before the person’s eighteenth birthday, enroll in one (1) of the following driver training programs:
    1. A driver’s education course administered by a school district;
    2. A driver training school licensed pursuant to KRS Chapter 332 which offers a course meeting or exceeding the minimum standards established by the Transportation Cabinet; or
    3. State traffic school. The person may seek to enroll in state traffic school before the person’s eighteenth birthday. Persons enrolling in state traffic school pursuant to this paragraph shall not be required to pay a fee.
  5. Any applicant for any initial or renewal instruction permit, operator’s license, or personal identification card under KRS 186.400 to 186.640 may apply for either:
    1. A voluntary travel ID document; or
    2. A standard document that does not meet standards for federal identification purposes.

History. 2739m-34: amend. Acts 1944, ch. 79, § 1; 1946, ch. 127, § 1; 1948, ch. 208, §§ 1, 2, 3; 1958, ch. 60, § 1; 1974, ch. 74, Art. IV, § 20 (7); 1978, ch. 349, § 3, effective June 17, 1978; 1978, ch. 434, § 1, effective June 17, 1978; 1982, ch. 389, § 1, effective July 15, 1982; 1994, ch. 267, § 3, effective July 15, 1994; 1996, ch. 198, § 3, effective October 1, 1996; 2000, ch. 535, § 2, effective July 14, 2000; 2002, ch. 264, § 3, effective July 15, 2002; 2006, ch. 173, § 29, effective July 12, 2006; 2017 ch. 100, § 1, effective January 1, 2019; 2020 ch. 51, § 2, effective March 27, 2020.

NOTES TO DECISIONS

1.Evidence of Failure to Have License.

The practice of setting up a roadblock for motor vehicles for the purpose of requiring the driver to display an operator’s license is not an arrest or illegal restraint or search nor can it be regarded as exercising arbitrary power over the lives, liberty and property of free men which power is denied by Ky. Const., § 2; therefore evidence obtained entirely and solely by such procedure that driver did not have or display a driver’s license is admissible in prosecution for driving without a license. Commonwealth v. Mitchell, 355 S.W.2d 686, 1962 Ky. LEXIS 83 ( Ky. 1962 ).

2.Unlicensed Operator, Liability.

Although owner of passenger motor truck operated for hire failed to register his machine and employed an unlicensed chauffeur, his failure to comply with statute would not bar recovery for injuries in rearend collision, caused by defendant’s negligence, and not contributed to by plaintiff’s failure to meet statute. Moore v. Hart, 171 Ky. 725 , 188 S.W. 861, 1916 Ky. LEXIS 432 ( Ky. 1916 ) (decided under prior law).

Insurer was not liable under automobile policy against loss by fire, excluding liability while automobile was being operated by person prohibited by law from driving, or while being driven contrary to law, if at time of fire, driver was unlicensed, automobile had not been registered, and registration plates had not been issued to insured. Standard Auto Ins. Ass'n v. Neal, 199 Ky. 699 , 251 S.W. 966, 1923 Ky. LEXIS 916 ( Ky. 1923 ) (decided under prior law).

Where, under common-law principles, owner was not liable for negligence of employe who was not acting in course of employment, he would not be liable on ground that permitted car to be driven by “chauffeur” known to be unregistered, since employee was not, at time of accident, operating car for compensation and hence was not “chauffeur.” Winslow v. Everson, 221 Ky. 430 , 298 S.W. 1084 ( Ky. 1927 ) (decided under prior law).

In prosecution for manslaughter for striking man with automobile, evidence to show that accused did not have driver’s license which he was legally required to have and for not having which he could be fined and imprisoned, was inadmissible for he was not on trial for not having such license and its admission constituted reversible error especially where instruction was given thereon. Roberts v. Commonwealth, 264 Ky. 545 , 95 S.W.2d 23, 1936 Ky. LEXIS 361 ( Ky. 1936 ) (decided under prior law).

Cited:

Howard v. Hicks, 737 S.W.2d 711, 1987 Ky. App. LEXIS 582 (Ky. Ct. App. 1987); Commonwealth v. Mullins, 812 S.W.2d 164, 1991 Ky. App. LEXIS 37 (Ky. Ct. App. 1991); Commonwealth ex rel. Logan Cty. Atty. v. Williams, 2019 Ky. App. LEXIS 167 (Ky. Ct. App. Sept. 20, 2019).

Opinions of Attorney General.

An officer of the state police can require an accused traffic law violator to exhibit his operator’s license before the motorist is informed of the charge against him. OAG 61-317 .

A peace officer has authority to stop the operator of a motor bike for the purpose of determining whether or not the operator has the required license where it appears the operator is under the age of 16. OAG 65-354 .

Since a person under 16 cannot obtain a license to operate a motor vehicle, if a person sells a car to a person under 16 knowingly, then such seller could be prosecuted for causing the juvenile to be charged with a crime. OAG 67-360 .

Operation of a motor vehicle in disregard of valid restrictions on a motor vehicle operator’s license is operation without a license in violation of this section for which a person may be convicted and fined or imprisoned or both pursuant to KRS 186.990(3), and for which a peace office may issue a citation if the offense is committed in his presence. OAG 67-530 .

A city of the fourth class had no authority to adopt an ordinance providing for revocation of the motor vehicle operator’s license of a person who attempts to elude a police officer. OAG 68-148 .

A Kentucky operator’s license is not required to operate minibikes or motorcycles on private property but would be required under this section before operating them on a highway as defined in KRS 186.010 . OAG 73-437 .

Juvenile offenders sixteen years of age or older charged with operating a motorcycle without an operator’s license must, in view of KRS 208.020 (now repealed), be proceeded against as adult offenders and the juvenile court has no jurisdiction in such cases, but juvenile offenders under sixteen years of age must be proceeded against in juvenile court. OAG 75-563 .

Acts 1978, chapter 434 as enrolled (without house amendment number 6) and signed by the presiding officers of both houses and which became law without the Governor's signature represents the law on the question as enacted at the 1978 General Assembly. OAG 78-283 .

A person must comply with all the requirements of a regular operator’s license, including age, to obtain a moped operator’s license except the requirement of taking and passing the driving test. OAG 78-702 .

Research References and Practice Aids

Cross-References.

Commercial driver’s licenses, KRS Chapter 281A.

Kentucky Law Journal.

Vanlandingham, The Fee System in Kentucky Counties, The Fee System in Kentucky, 40 Ky. L.J. 275 (1952).

186.4101. Renewal of license — Reconciliation of four-year and eight-year renewal periods.

  1. Except as provided in subsection (2) of this section, a license to operate a motor vehicle, motorcycle, or moped, or a personal identification card shall be renewed every eight (8) years prior to its expiration. Except as provided in KRS 186.410 , a person seeking to renew an operator’s license shall apply to the cabinet in accordance with KRS 186.412 and 186.4121 .
  2. An applicant for a renewal license, instruction permit, or identification card may choose to be issued a document that is valid for four (4) years. Fees for documents issued for a four (4) year period shall be adjusted in accordance with KRS 186.531 .
  3. The fee to renew an operator’s license or personal identification card shall be according to the schedule set forth in KRS 186.531 .

History. Enact. Acts 1980, ch. 38, § 3, effective July 15, 1980; 1994, ch. 267, § 4, effective July 15, 1994; 2017 ch. 100, § 13, effective January 1, 2019; 2020 ch. 51, § 3, effective March 27, 2020.

Opinions of Attorney General.

A person who operates a motor vehicle upon the highways of this state must have either a valid Kentucky operator’s license or a valid operator’s permit from another state; failure to possess either of the above mentioned operator’s licenses means that the person is in violation of KRS 186.620(2) if he operates a motor vehicle upon the highways of this state. OAG 83-67 .

If a nonresident who has no Kentucky driver’s license, has had his license suspended or revoked by the issuing state, he then has no right to drive a motor vehicle upon the highways of Kentucky. OAG 83-67 .

A moped operator must be licensed or face a $12 to $500 fine and six months in jail. OAG 84-176 .

186.4102. Photograph required for operator’s license, instructional permit, or personal identification card — Identification number — Age and organ donor designations — Voluntary travel ID identity document — When photograph not required.

  1. Except as provided in subsection (9) of this section, the Transportation Cabinet shall issue operator’s licenses and personal identification cards bearing a photograph of the applicant and other information the cabinet may deem appropriate to qualified applicants under this chapter. When taking the photograph, the applicant shall be prohibited from wearing sunglasses, veils, scarves, or any other attire that obscures or creates shadows upon any features of the applicant’s face as determined by the cabinet. An applicant shall be required to remove eyewear that obstructs the iris or the pupil of the eyes and shall not take any action to obstruct a photograph of his or her facial features. The face shall be visible from the crown to the base of the chin and from ear to ear. Any person who refuses to remove attire prohibited by this subsection as directed by the person taking the application shall be prohibited from receiving an operator’s license or personal identification card.
  2. An operator’s license or personal identification card issued by the cabinet shall not contain the applicant’s Social Security number. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A that develop a numbering system that uses an identification system other than Social Security numbers. If an applicant submits adequate proof that he or she does not have a Social Security number, the Transportation Cabinet shall assign the applicant a unique identifying number.
  3. The license or personal identification card shall also designate by color coding and using the phrase “under 21” if the licensee or card holder is under the age of twenty-one (21); “CDL” if the license is issued pursuant to KRS Chapter 281A; or “under 21 CDL” if the licensee holds a commercial driver’s license issued pursuant to KRS Chapter 281A and is under the age of twenty-one (21).
  4. The cabinet shall provide on each operator’s license and personal identification card space for a notation that the holder of the license or personal identification card has expressed to the cabinet the person’s willingness to make an anatomical gift under KRS 311.1917 . If a person who has made a declaration under this subsection wishes to rescind that declaration, the person shall notify the Kentucky Circuit Court Clerks’ Trust for Life, which shall remove the notation from his or her records.
  5. An operator’s license issued pursuant to this chapter shall be designated a Class D license.
  6. A person shall not have more than one (1) operator’s license.
  7. Upon marriage, dissolution of marriage, or any other qualifying event, if a person seeks to change his or her name, the person shall make a name change with the Social Security Administration prior to applying for an operator’s license or a personal identification card and shall provide the cabinet with the person’s marriage license, divorce decree, or other documentation. The name issued on the identity document shall match the person’s first and last name as recorded with the Social Security Administration. Unless a person is eligible to renew his or her identity document at the time of the name change, the fee charged under this section shall be for a corrected identity document as set forth in KRS 186.531 .
  8. An identity document issued under this chapter shall contain a denotation that either:
    1. The identity document is a voluntary travel ID identity document that complies with the security standards set forth by Pub. L. No. 109-13, Title II, and may be used for identification for federal purposes; or
    2. The identity document shall not be used for federal identification purposes.
    1. The Transportation Cabinet may provide for the issuance of an instruction permit, operator’s license, or personal identification card without a photograph if there is good cause for the omission based in documented religious objections. The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish the criteria and requirements for obtaining an operator’s license, instruction permit, or personal identification card without a photograph. (9) (a) The Transportation Cabinet may provide for the issuance of an instruction permit, operator’s license, or personal identification card without a photograph if there is good cause for the omission based in documented religious objections. The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish the criteria and requirements for obtaining an operator’s license, instruction permit, or personal identification card without a photograph.
    2. An applicant for an initial instruction permit, operator’s license, or personal identification card without a photograph shall apply to the Transportation Cabinet in Frankfort or a Transportation Cabinet field office. The application shall be processed solely by the Transportation Cabinet in the same manner as in KRS 186.4121(5) and 186.4123(8).
    3. An operator’s license, instruction permit, or personal identification card issued without a photograph shall denote on its face that it shall not be accepted by any federal agency for identification or any other federal purpose.

HISTORY: 2017 ch. 100, § 6, effective January 1, 2019; 2020 ch. 51, § 4, effective March 27, 2020.

186.411. Issuance of driver’s license to person with a seizure condition — Conditions — Notice and hearing — Option for determination of ability by medical review board.

  1. If a person with a seizure condition applies for an original, duplicate, modified, or renewal operator’s license, or applies for an instruction permit, he or she shall be required by the cabinet to present to the Division of Driver Licensing certification by a physician or advanced practice registered nurse that his or her condition is controlled by drugs, details of the drugs, dosages which the person takes, and that the person has been free of any seizures for ninety (90) days; his or her own statement that he or she has been free of any seizures for ninety (90) days before the date of the application, and that he or she is taking the medication prescribed by his physician or advanced practice registered nurse. The division shall upon receipt of the required documentation issue him a letter of authorization to present to the cabinet. The cabinet shall not issue an operator’s license to a person with a seizure condition who does not present the letter of authorization.
  2. Any person who has a seizure condition who cannot present the certification that his or her condition is controlled by drugs or a statement that he or she has been seizure-free for ninety (90) days shall be notified in writing by the cabinet that the person’s privilege to operate a motor vehicle is withdrawn and of his or her right to have an informal hearing on the matter of whether he or she is an unsafe driver as a result of having the seizure condition. The notice shall be mailed by first-class mail to the address of record of the person. The hearing shall be automatically waived if not requested within twenty (20) days after the cabinet mails notice. The hearing shall be scheduled as early as practical after receipt of the request at a time and place designated by the cabinet.
  3. A person whose seizure condition would impair his or her ability to operate a motor vehicle may present evidence of the condition to the Division of Driver Licensing’s medical review board as established under KRS 186.444 , including his or her own attested statement, physician’s or advanced practice registered nurse’s statement, and medical dosage details. If the board determines that the person’s seizure condition would not impair his or her ability to operate a motor vehicle, the division shall issue the letter of authorization required by subsection (1) of this section.
  4. A person whose seizure condition is of a nature that the seizure condition would not impair the ability to operate a motor vehicle may present evidence of this fact to the Division of Driver Licensing including the person’s own attested statement, physician’s or advanced practice registered nurse’s statement, and medicine dosage details. If the division determines that the person’s seizure condition does not impair the ability to operate a motor vehicle, the division shall issue the letter of authorization required by subsection (1) of this section.
  5. Any physician or advanced practice registered nurse shall not be subject to civil or criminal liability, absent a showing of bad faith, for providing any reports, records, examinations, opinions, or recommendations pursuant to this section.

History. Enact. Acts 1974, ch. 306, § 1; 1980, ch. 283, § 1, effective July 15, 1980; 1994, ch. 416, § 6, effective July 15, 1994; 1994, ch. 455, § 2, effective July 15, 1994; 1996, ch. 318, § 70, effective July 15, 1996; 2016 ch. 87, § 3, effective July 15, 2016; 2020 ch. 51, § 5, effective March 27, 2020.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 416 and 455. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 416, which was last enacted by the General Assembly, prevails under KRS 446.250 .

NOTES TO DECISIONS

Cited:

Cruse v. Commonwealth, 712 S.W.2d 356, 1986 Ky. App. LEXIS 1122 (Ky. Ct. App. 1986).

186.412. Application of United States citizen or permanent resident for instruction permit or operator’s license — Information and documents required — Photograph — Scanning and retaining of application information — Temporary license or permit — Birth certificate — Oath.

  1. As used in this section, “applicant” means a person who is a citizen or permanent resident of the United States.
  2. An applicant shall apply for an instruction permit or operator’s license with the Transportation Cabinet, or through alternative technology. Except as provided in KRS 186.417 , the application form shall require the applicant’s:
    1. Full legal name and signature;
    2. Date of birth;
    3. Social Security number or a letter from the Social Security Administration declining to issue a Social Security number;
    4. Sex;
    5. Present Kentucky resident address, exclusive of a post office box address alone;
    6. Other information necessary to permit the application of United States citizens to also serve as an application for voter registration;
    7. A brief physical description of the applicant;
    8. Proof of the applicant’s Kentucky residency, including but not limited to a deed or property tax bill, utility agreement or utility bill, or rental housing agreement; and
    9. Other information the cabinet may require by administrative regulation promulgated under KRS Chapter 13A.
  3. In addition to the information identified in subsection (2) of this section, a permanent resident shall present one (1) of the following documents issued by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services:
    1. An I-551 card with a photograph of the applicant; or
    2. A form with the photograph of the applicant or a passport with a photograph of the applicant on which the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, has stamped the following: “Processed for I-551. Temporary evidence of lawful admission for permanent residence. Valid until .... (Expiration Date). Employment authorized.”
  4. Upon application for an operator’s license under this section, the cabinet shall capture a photograph of the applicant in accordance with the requirements of KRS 186.4102(1).
    1. Except as provided in paragraph (b) of this subsection, the cabinet shall electronically scan the documents required for application under this section and shall electronically retain the application, supporting documents, and the photograph of the applicant. Upon completion of any required examinations under KRS 186.480 , the cabinet shall present the applicant with a temporary operator’s license or instruction permit, which shall be valid for thirty (30) days until a permanent operator’s license or instruction permit is mailed to the applicant by the Transportation Cabinet. (5) (a) Except as provided in paragraph (b) of this subsection, the cabinet shall electronically scan the documents required for application under this section and shall electronically retain the application, supporting documents, and the photograph of the applicant. Upon completion of any required examinations under KRS 186.480 , the cabinet shall present the applicant with a temporary operator’s license or instruction permit, which shall be valid for thirty (30) days until a permanent operator’s license or instruction permit is mailed to the applicant by the Transportation Cabinet.
    2. The cabinet shall only electronically scan the birth certificate of an individual applying for a voluntary travel ID instruction permit or operator’s license. If the applicant is not seeking such a permit or license, the cabinet shall not electronically scan the applicant’s birth certificate.
    3. An applicant for an operator’s license or instruction permit shall not be required to surrender the applicant’s birth certificate for image capture, image storage, or image transmission to any entity, including the federal government, unless express consent is given by the applicant during the course of obtaining a voluntary travel ID license or permit.
  5. An applicant shall swear an oath to the cabinet as to the truthfulness of the statements contained in the form.

HISTORY: Enact. Acts 1958, ch. 60, § 2; 1968, ch. 63, § 3; 1970, ch. 22, § 1; 1970, ch. 103, § 1; 1974, ch. 15, § 1, effective January 1, 1975; 1974, ch. 124, § 1; 1978, ch. 349, § 4, effective June 17, 1978; 1978, ch. 434, § 2, effective June 17, 1978; 1982, ch. 236, § 1, effective July 15, 1982; 1982, ch. 243, § 1, effective July 15, 1982; 1982, ch. 389, § 2, effective July 15, 1982; 1984, ch. 402, § 2, effective July 13, 1984; 1986, ch. 142, § 1, effective July 15, 1986; 1988, ch. 165, § 1, effective July 15, 1988; 1990, ch. 455, § 29, effective July 13, 1990; 1994, ch. 86, § 1, effective July 15, 1994; 1994, ch. 393, § 9, effective January 1, 1995; 1994, ch. 481, § 1, effective July 15, 1994; 1996, ch. 185, § 1, effective July 15, 1996; 1996, ch. 198, § 5, effective October 1, 1996; 1998, ch. 52, § 1, effective March 16, 1998; 1998, ch. 192, § 1, effective July 15, 1998; 2000, ch. 535, § 1, effective July 14, 2000; 2002, ch. 96, § 1, effective July 15, 2002; 2002, ch. 261, § 1, effective January 1, 2003; 2002, ch. 264, § 4, effective January 1, 2003; 2005, ch. 55, § 1, effective June 20, 2005; 2006, ch. 65, § 4, effective July 12, 2006; 2007, ch. 85, § 192, effective June 26, 2007; 2008, ch. 2, § 1, effective July 15, 2008; 2009, ch. 46, § 2, effective June 25, 2009; 2010, ch. 98, § 1, effective July 15, 2010; 2010, ch. 161, § 32, effective July 15, 2010; 2011, ch. 59, § 5, effective June 8, 2011; 2011, ch. 79, § 2, effective June 8, 2011; 2012, ch. 11, § 1, effective July 12, 2012; 2013, ch. 110, § 1, effective June 25, 2013; 2015 ch. 126, § 2, effective June 24, 2015; 2018 ch. 74, § 2, effective April 2, 2018; repealed and reenacted, 2017, ch. 100, § 2, effective January 1, 2019; 2020 ch. 51, § 6, effective March 27, 2020.

Legislative Research Commission Notes.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 86, 393, and 481. Where these acts are not in conflict, they have been codified together. Where Acts ch. 86 and 481 are in conflict, Acts ch. 481, which is the last enacted by the General Assembly, prevails under KRS 446.250 . 1994 Ky. Acts ch. 393 amending this section is effective January 1, 1995, according to OAG 94-42 .

Opinions of Attorney General.

The word “reside” as used in this section means mere physical presence so that a person physically residing in Camp Breckinridge is, for purposes of this section, a resident of Union County, Kentucky, and may obtain a driver’s license by application to the circuit court of that county, even though Kentucky has ceded exclusive jurisdiction over Camp Breckenridge to the United States. OAG 69-264 .

Since Hart County has no city of the second class, the circuit court clerk cannot legally authorize one of his deputies to sell motor vehicle operators’ licenses in some place other than the clerk’s office in the county seat. OAG 69-670 .

The department of public safety (now transportation cabinet) may require an applicant for a driver’s license to give a social security number if such applicant has a number. OAG 72-814 .

While a person seeking a driver’s license must apply in person to the Circuit Court clerk of the county in which he resides, a lawful deputy of the clerk can issue a license to the applicant in the applicant’s presence anywhere in the county in which his principal is circuit clerk as the deputy’s presence is the constructive presence of the circuit clerk, and there is no reference to the circuit clerk’s office as the exclusive site of issuance. OAG 73-311 .

Although there is no specific statutory requirement that a social security number appear on the operator’s application for a driver’s license, there is no legal argument against such a disclosure, and it could be included with “such other information as necessary” that would be of help in identifying the person seeking a license to operate a motor vehicle. OAG 73-490 .

Once the commission created by KRS 186.413 has decided on a process for the color photo processing of driver’s licenses, the commission need not be reconvened to pass on the renewal of or the letting of a new contract for such processing so long as the process chosen by the commission is complied with. OAG 75-562 .

Unless a married woman has procured a court order under KRS 401.010 changing her name to something other than her husband’s surname, the woman must take the name of her husband in order to get a valid Kentucky driver’s license. OAG 77-72 .

Acts 1978, chapter 434 as enrolled (without house amendment number 6) and signed by the presiding officers of both Houses and which became law without the Governor's signature represents the law on the question as enacted at the 1978 General Assembly. OAG 78-283 .

There is no Kentucky law or regulation requiring a person to prove his age for a drivers license in any way other than by his own sworn statement. OAG 80-145 .

The Circuit Court may lawfully require a person’s social security number in order for such person to obtain a driver’s license and such requirement does not violate the Federal Privacy Act. OAG 82-494 .

Research References and Practice Aids

Cross-References.

Money not to be drawn from Treasury unless appropriated — Annual publication of accounts — Certain revenues usable only for highway purposes, § 230.

Receipts of state moneys to be deposited in state treasury, KRS 41.070 .

Northern Kentucky Law Review.

Comments, Equal Protection of the Sexes in Kentucky: The Effect of the Hummeldorf Decision on a Woman’s Right to Choose Her Surname, 9 N. Ky. L. Rev. 475 (1982).

Treatises

Petrilli, Kentucky Family Law, Minors, § 30.17.

Petrilli, Kentucky Family Law, Personal Rights and Privileges Resulting from Marriage, § 12.3.

186.4121. Instruction permit or operator’s license application for non-United States citizen or permanent resident — Immigration status and personal identity documentation and verification — Renewal or duplicate license — Term of license.

  1. As used in this section, “applicant” means a person who is not a United States citizen and has not been granted status as a permanent resident of the United States.
  2. An applicant shall apply for an instruction permit or operator’s license to either the Transportation Cabinet in Frankfort or a Transportation Cabinet field office. An applicant under this section shall complete the application identified in KRS 186.412 , along with other documents required under this section. The cabinet shall keep an electronic copy of the documentation submitted with the application and shall capture a photograph of the applicant in accordance with KRS 186.4102(1).
  3. The application form under this section shall be accompanied by the applicant’s documentation issued by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, authorizing the person to be in the United States and, if applicable, the applicant’s international driving permit. The Transportation Cabinet shall verify the information submitted under this subsection through the Systematic Alien Verification for Entitlements (SAVE) program.
  4. The application form of a special status individual with a K-1 status shall be accompanied by an original or certified copy of the applicant’s completed marriage license signed by the official who presided over the marriage ceremony and two (2) witnesses. The application form of a special status individual with a K-1 status shall also include the applicant’s petition to enter the United States for the purpose of marriage that contains the name of the prospective spouse. If the name of the prospective spouse on the petition does not match the name of the spouse on the marriage license, the Transportation Cabinet shall not be required to issue an operator’s license.
    1. The Transportation Cabinet shall verify and validate the immigration status and personal identity of an applicant under this section through federal government systems and databases. (5) (a) The Transportation Cabinet shall verify and validate the immigration status and personal identity of an applicant under this section through federal government systems and databases.
    2. If an applicant’s identity and immigration status is validated, the cabinet shall capture a photograph of the applicant, and scan the required documents into the cabinet’s database.
    3. If the applicant successfully completes any examinations required under KRS 186.480 , or if an examination is not required, the Transportation Cabinet shall present the applicant with a temporary operator’s license or instruction permit, which shall be valid for thirty (30) days until a permanent operator’s license or instruction permit is mailed to the applicant.
    4. An applicant under this section shall only be issued a standard operator’s license or instruction permit.
    1. An applicant shall apply to renew an operator’s license, or obtain a duplicate operator’s license, at the Transportation Cabinet in Frankfort or a Transportation Cabinet field office. (6) (a) An applicant shall apply to renew an operator’s license, or obtain a duplicate operator’s license, at the Transportation Cabinet in Frankfort or a Transportation Cabinet field office.
    2. If an applicant has any type of change in his or her immigration status, the applicant shall apply to update the operator’s license with either the Transportation Cabinet in Frankfort or a Transportation Cabinet field office within ten (10) days.
  5. An applicant shall swear an oath to the Transportation Cabinet as to the truthfulness of the statements contained in the form.
    1. Except as provided in paragraph (b) of this subsection, an initial or renewal operator’s license issued to an applicant who is not a special status individual shall be valid for a period equal to the length of time the applicant’s documentation from the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, is valid, or eight (8) years, whichever time period is shorter. (8) (a) Except as provided in paragraph (b) of this subsection, an initial or renewal operator’s license issued to an applicant who is not a special status individual shall be valid for a period equal to the length of time the applicant’s documentation from the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, is valid, or eight (8) years, whichever time period is shorter.
    2. An initial or renewal operator’s license shall be valid for a period of one (1) year if the applicant is not a special status individual and the person’s documentation issued by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, is issued for an indefinite period of time and does not have an expiration date. The fee shall be the same as for a regular operator’s license.

HISTORY: 2017 ch. 100, § 3, effective January 1, 2019.

186.4122. Personal identification card application for United States citizen or permanent resident — Photograph — Scanning and retaining of application information — Proof of residency — Issuance of personal identification card and operator’s license or instruction permit — Term of identification card.

  1. As used in this section, “applicant” means a person who is a citizen or permanent resident of the United States.
  2. The Transportation Cabinet shall issue a personal identification card to an applicant who:
    1. Is a Kentucky resident;
    2. Applies in person to the cabinet or through alternative technology; and
    3. Complies with the provisions of this section.
  3. Upon application for a personal identification card under this section, the cabinet shall capture a photograph of the applicant in accordance with KRS 186.4102(1).
    1. Except as provided in paragraph (b) of this subsection, the cabinet shall electronically scan the documents required for application under this section and shall electronically retain the application, supporting documents, and the photograph of the applicant. The cabinet shall present the applicant with a temporary personal identification card, which shall be valid for thirty (30) days until a permanent personal identification card is mailed to the applicant by the Transportation Cabinet. (4) (a) Except as provided in paragraph (b) of this subsection, the cabinet shall electronically scan the documents required for application under this section and shall electronically retain the application, supporting documents, and the photograph of the applicant. The cabinet shall present the applicant with a temporary personal identification card, which shall be valid for thirty (30) days until a permanent personal identification card is mailed to the applicant by the Transportation Cabinet.
    2. The cabinet shall only electronically scan the birth certificate of an individual applying for a voluntary travel ID personal identification card. If the applicant is not seeking such a document, the cabinet shall not electronically scan the applicant’s birth certificate.
    3. An applicant for a personal identification card shall not be required to surrender the applicant’s birth certificate for image capture, image storage, or image transmission to any entity, including the federal government, unless express consent is given by the applicant during the course of obtaining a voluntary travel ID personal identification card.
    1. An application for a personal identification card shall be accompanied by the same information as is required for an operator’s license under KRS 186.412 , except if an applicant does not have a fixed, permanent address, the applicant may use as proof of residency a signed letter from a homeless shelter, health care facility, or social service agency currently providing the applicant treatment or services and attesting that the applicant is a resident of Kentucky. An applicant who does not have a fixed, permanent address shall not be issued a voluntary travel ID personal identification card. (5) (a) An application for a personal identification card shall be accompanied by the same information as is required for an operator’s license under KRS 186.412 , except if an applicant does not have a fixed, permanent address, the applicant may use as proof of residency a signed letter from a homeless shelter, health care facility, or social service agency currently providing the applicant treatment or services and attesting that the applicant is a resident of Kentucky. An applicant who does not have a fixed, permanent address shall not be issued a voluntary travel ID personal identification card.
    2. It shall be permissible for the application form for a personal identification card to include as an applicant’s most current resident address a mailing address or an address provided on a voter registration card.
    3. If the applicant is not the legal owner or possessor of the address provided on the application form, the applicant shall swear that he or she has permission from the legal owner, authorized agent for the legal owner, or possessor to use the address for purposes of obtaining the personal identification card.
    1. Every applicant for a personal identification card under this section shall swear an oath to the cabinet as to the truthfulness of the statements contained on the application form. (6) (a) Every applicant for a personal identification card under this section shall swear an oath to the cabinet as to the truthfulness of the statements contained on the application form.
    2. A personal identification card may be suspended or revoked if the person who was issued the card presents false or misleading information to the cabinet when applying for the card.
  4. A personal identification card issued under this section shall be valid for a period of eight (8) years from the date of issuance, except that if the personal identification card is issued to a person who does not have a fixed, permanent address, then the personal identification card shall be valid for one (1) year from the date of issuance.
    1. An applicant may be issued a personal identification card if the applicant currently holds a valid Kentucky instruction permit or operator’s license, except that a person shall not hold more than one (1) license or personal identification card that is a voluntary travel ID identity document which indicates that it meets the requirements for federal identification under Pub. L. No. 109-13, Title II, as referenced in KRS 186.4102(8). (8) (a) An applicant may be issued a personal identification card if the applicant currently holds a valid Kentucky instruction permit or operator’s license, except that a person shall not hold more than one (1) license or personal identification card that is a voluntary travel ID identity document which indicates that it meets the requirements for federal identification under Pub. L. No. 109-13, Title II, as referenced in KRS 186.4102(8).
    2. If a person’s instruction permit or operator’s license has been suspended or revoked, the person may be issued a personal identification card. Subject to the limitations in paragraph (a) of this subsection, a personal identification card may be surrendered when the person applies to have his or her instruction permit or operator’s license reinstated.

HISTORY: 2017 ch. 100, § 4, effective January 1, 2019; 2020 ch. 51, § 7, effective March 27, 2020.

186.4123. Personal identification card application for non-United States citizen or permanent resident — Photograph — Scanning of application documents — Proof of residency — Immigration documentation — Immigration status and personal identity verification — Term of identification card.

  1. As used in this section, “applicant” means a person who is not a United States citizen and has not been granted status as a permanent resident of the United States.
  2. The Transportation Cabinet shall issue a personal identification card to an applicant who:
    1. Is a Kentucky resident;
    2. Applies in person to either the Transportation Cabinet in Frankfort or a Transportation Cabinet field office; and
    3. Complies with the provisions of this section.
  3. Upon application for a personal identification card under this section, the cabinet shall capture a photograph of the applicant in accordance with KRS 186.4102(1).
  4. The cabinet shall electronically scan the documents required for application under this section, supporting documents, and the photograph of the applicant into the cabinet’s database.
    1. An application for a personal identification card shall be accompanied by the same information as is required for an operator’s license under KRS 186.412 , along with other documents required under this section, except if an applicant does not have a fixed, permanent address, the applicant may use as proof of residency a signed letter from a homeless shelter, health care facility, or social service agency currently providing the applicant treatment or services and attesting that the applicant is a resident of Kentucky. An applicant who does not have a fixed, permanent address shall not be issued a voluntary travel ID personal identification card. (5) (a) An application for a personal identification card shall be accompanied by the same information as is required for an operator’s license under KRS 186.412 , along with other documents required under this section, except if an applicant does not have a fixed, permanent address, the applicant may use as proof of residency a signed letter from a homeless shelter, health care facility, or social service agency currently providing the applicant treatment or services and attesting that the applicant is a resident of Kentucky. An applicant who does not have a fixed, permanent address shall not be issued a voluntary travel ID personal identification card.
    2. It shall be permissible for the application form for a personal identification card to include as an applicant’s most current resident address a mailing address or an address provided on a voter registration card.
    3. If the applicant is not the legal owner or possessor of the address provided on the application form, the applicant shall swear that he or she has permission from the legal owner, authorized agent for the legal owner, or possessor to use the address for purposes of obtaining the personal identification card.
  5. The application form under this section shall be accompanied by the applicant’s documentation issued by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, authorizing the applicant to be in the United States. The Transportation Cabinet shall verify the information submitted under this subsection through the Systematic Alien Verification for Entitlements (SAVE) program.
  6. The application form of a special status individual with a K-1 status shall be accompanied by an original or certified copy of the applicant’s completed marriage license signed by the official who presided over the marriage ceremony and two (2) witnesses. The application form of a special status individual with a K-1 status shall also include the applicant’s petition to enter the United States for the purpose of marriage that contains the name of the prospective spouse. If the name of the prospective spouse on the petition does not match the name of the spouse on the marriage license, the Transportation Cabinet shall not be required to issue an operator’s license.
    1. The Transportation Cabinet shall verify and validate the immigration status and personal identity of an applicant under this section through federal government systems and databases. (8) (a) The Transportation Cabinet shall verify and validate the immigration status and personal identity of an applicant under this section through federal government systems and databases.
    2. If an applicant’s identity and immigration status is validated, the cabinet shall capture a photograph of the applicant, and scan the required documents into the cabinet’s database, and shall present the applicant with a temporary personal identification card, which shall be valid for thirty (30) days until a permanent personal identification card is mailed to the applicant.
    3. An applicant under this section shall only be issued a standard personal identification card.
    1. An applicant shall apply to renew a personal identification card, or obtain a duplicate personal identification card, at the Transportation Cabinet in Frankfort or a Transportation Cabinet field office. (9) (a) An applicant shall apply to renew a personal identification card, or obtain a duplicate personal identification card, at the Transportation Cabinet in Frankfort or a Transportation Cabinet field office.
    2. If a person has any type of change in his or her immigration status, the person shall apply to update with either the Transportation Cabinet in Frankfort or a Transportation Cabinet field office within ten (10) days.
    1. Every applicant for a personal identification card under this section shall swear an oath to the Transportation Cabinet as to the truthfulness of the statements contained on the application form. (10) (a) Every applicant for a personal identification card under this section shall swear an oath to the Transportation Cabinet as to the truthfulness of the statements contained on the application form.
    2. A personal identification card may be suspended or revoked if the person who was issued the card presents false or misleading information to the cabinet when applying for the card.
    1. Except as provided in paragraph (b) of this subsection, an initial or renewal personal identification card issued to an applicant who is not a special status individual shall be valid for a period equal to the length of time the applicant’s documentation from the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, is valid, or eight (8) years, whichever time period is shorter. (11) (a) Except as provided in paragraph (b) of this subsection, an initial or renewal personal identification card issued to an applicant who is not a special status individual shall be valid for a period equal to the length of time the applicant’s documentation from the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, is valid, or eight (8) years, whichever time period is shorter.
    2. An initial or renewal personal identification card shall be valid for a period of one (1) year if:
      1. The applicant is not a special status individual and the applicant’s documentation issued by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, is issued for an indefinite period of time and does not have an expiration date. The fee shall be the same as for a regular personal identification card; or
      2. The personal identification card is issued to a person who does not have a fixed, permanent address.

HISTORY: 2017 ch. 100, § 5, effective January 1, 2019.

186.4125. Documentation required for voluntary travel ID — Use of original hospital birth certificate as proof of applicant’s age — Application for exception to allow use of birth certificates.

  1. In order to apply for a voluntary travel ID identity document under KRS 186.403 , the applicant shall present the applicant’s certified birth certificate or a valid, unexpired, United States passport or Permanent Resident Card (Form I- 551).
  2. For the purposes of KRS 186.400 to 186.640 , an original hospital birth certificate signed by the attending physician shall be acceptable as certifying the birth date of an applicant for a standard instruction permit, operator’s license, or personal identification card.
  3. The Transportation Cabinet shall apply to the United States Department of Homeland Security for an exception to allow birth certificates described in subsection (2) of this section to be used to apply for a voluntary travel ID identity document under KRS 186.403 .

History. Enact. Acts 1998, ch. 287, § 1, effective July 15, 1998; 2017 ch. 100, § 14, effective January 1, 2019.

186.413. Commission to determine color photo process to be used. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1974, ch. 124, § 3; 1978, ch. 155, § 41, effective June 17, 1978; 1996, ch. 185, § 2, effective July 15, 1996) was repealed by Acts 2002, ch. 264, § 10, effective July 15, 2002.

186.414. Duration of licenses — Renewal — Extension of licenses of servicemen. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 60, § 3; 1964, ch. 40, § 1; 1968, ch. 63, § 2; 1970, ch. 22, § 2) was repealed by Acts 1978, ch. 434, § 9, effective June 17, 1978. For present law see KRS 186.410 .

186.415. Application for operator’s license by military enlistee — Conditions.

  1. Notwithstanding KRS 186.450 , 186.452 , and 186.454 , a person who is under eighteen (18) years of age may apply for an operator’s license if the person has:
    1. Held an instruction permit for a minimum of one hundred eighty (180) days; and
    2. Enlisted in the United States Armed Forces or a state National Guard.
  2. An individual eligible to apply for an operator’s license under this section shall present proof of enlistment at the time of application.

History. Enact. Acts 2009, ch. 46, § 1, effective June 25, 2009.

186.416. Renewal of operator’s license by mail for military personnel and spouse and dependents stationed outside of Kentucky — Veteran’s designation on operator’s license or personal ID card.

  1. If a resident of the Commonwealth currently serving in the United States military is stationed or assigned to a base or other location outside the boundaries of the Commonwealth, the resident, or the resident’s spouse or dependents, may renew a Class D operator’s license issued under this section by mail. If the resident, or his or her spouse or dependents, was issued an “under 21” operator’s license, upon the date of the license holder’s twenty-first birthday, the “under 21” operator’s license may be renewed for an operator’s license that no longer contains the outdated reference to being “under 21.”
  2. A resident of the Commonwealth renewing an operator’s license by mail under subsection (1) of this section may have a personal designee apply to the cabinet on behalf of the resident to renew the resident’s operator’s license. An operator’s license being renewed by mail under subsection (1) of this section shall be issued a license bearing the applicant’s historical photo if there is a photo on file. If there is no photo on file, the license shall be issued without a photograph and shall show in the space provided for the photograph the legend “valid without photo and signature.”
      1. If a resident of the Commonwealth has been serving in the United States military stationed or assigned to a base or other location outside the boundaries of the Commonwealth and has allowed his or her operator’s license to expire, he or she shall, within ninety (90) days of returning to the Commonwealth, be permitted to renew his or her license without having to take a written test or road test. (3) (a) 1. If a resident of the Commonwealth has been serving in the United States military stationed or assigned to a base or other location outside the boundaries of the Commonwealth and has allowed his or her operator’s license to expire, he or she shall, within ninety (90) days of returning to the Commonwealth, be permitted to renew his or her license without having to take a written test or road test.
      2. The spouse or dependent of a person identified in subparagraph 1. of this paragraph shall be afforded the same consideration identified in that subparagraph regarding the renewal of an expired operator’s license.
    1. A person who meets the criteria in paragraph (a) of this subsection shall not be convicted or cited for driving on an expired license prior to license renewal during the ninety (90) days after the person’s return to the Commonwealth if the person can provide proof of his or her out-of-state service and dates of assignment.
    2. A person who meets the criteria in paragraph (a) of this subsection and who does not renew his or her license within ninety (90) days of returning to the Commonwealth shall be required to comply with the provisions of this chapter governing renewal of a license that has expired.
    3. If a resident of the Commonwealth has been issued an “under 21” or “under 21 CDL” operator’s license and the person is unable to renew the license on the date of his or her twenty-first birthday, the “under 21” or “under 21 CDL” operator’s license shall be valid for ninety (90) days beyond the date of the person’s twenty-first birthday.
    1. Any person who served in the active Armed Forces of the United States, including the Coast Guard, and any member of the National Guard or Reserve Component who completed the member’s term of service and was released, separated, discharged, or retired therefrom under either an honorable discharge or a general under honorable conditions discharge may, at the time of initial application or application for renewal or duplicate, request that an operator’s license or a personal identification card issued under this chapter bear the word “veteran” on the face or the back of the license or personal identification card. (4) (a) Any person who served in the active Armed Forces of the United States, including the Coast Guard, and any member of the National Guard or Reserve Component who completed the member’s term of service and was released, separated, discharged, or retired therefrom under either an honorable discharge or a general under honorable conditions discharge may, at the time of initial application or application for renewal or duplicate, request that an operator’s license or a personal identification card issued under this chapter bear the word “veteran” on the face or the back of the license or personal identification card.
    2. The designation shall be in a style and format considered appropriate by the Transportation Cabinet. Prior to obtaining a designation requested under this subsection, the applicant shall present to the cabinet as proof of eligibility, an original or copy of his or her:
      1. Unexpired Veteran Identification Card or Veteran Health Identification Card issued by the United States Department of Veterans Affairs;
      2. DD-2, DD-214, DD-256, DD-257, or NGB-22 form; or
      3. Unexpired Geneva Conventions Identification Card issued by the United States Department of Defense.

The cabinet shall not be liable for fraudulent or misread forms presented.

HISTORY: 2017 ch. 100, § 9, effective January 1, 2019; 2020 ch. 51, § 8, effective March 27, 2020; 2020 ch. 42, § 2, effective July 15, 2020; 2021 ch. 65, § 2, effective June 29, 2021.

186.417. Issuance of operator’s license or personal identification card to released felon — Documentation required — Processing and issuance — Administrative regulations governing operator’s licenses for eligible current inmates.

  1. The Transportation Cabinet shall issue to any felony offender, if the felony offender is eligible, released from the Kentucky Department of Corrections or a Federal Bureau of Prisons facility located in Kentucky on home incarceration, parole, completed service of sentence, shock probation, or pardon, a personal identification card or, if the felony offender is eligible, an operator’s license. An offender who wishes to obtain a personal identification card or operator’s license shall provide proper documentation to comply with the provisions of this section.
  2. Proper documentation under subsection (1) of this section shall consist of:
    1. The offender’s certificate of birth;
    2. A copy of the offender’s resident record card and parole certificate or notice of discharge;
    3. A photograph of the offender, printed on plastic card or paper; and
    4. A release letter that shall contain the offender’s:
      1. Full legal name, subject to the information available to the Kentucky Department of Corrections or a Federal Bureau of Prisons facility located in Kentucky;
      2. Discharge/release date;
      3. Signature;
      4. Social Security number;
      5. Date of birth;
      6. Present Kentucky address where he or she resides; and
      7. Physical description.
  3. The Transportation Cabinet shall issue to any felony offender, if the felony offender is eligible, probated or conditionally discharged by the court and under the supervision of the Division of Probation and Parole or the United States Probation Office, a personal identification card or, if the felony offender is eligible, an operator’s license. An offender who wishes to obtain a personal identification card or operator’s license shall provide proper documentation to comply with the provisions of this section.
  4. Proper documentation under subsection (3) of this section shall consist of:
    1. The offender’s certificate of birth;
    2. The offender’s sentencing order;
    3. A photograph of the offender, printed on plastic card or paper; and
    4. A notarized release letter, signed by the supervising officer verifying the offender’s status on supervision, that shall contain the offender’s:
      1. Full legal name, subject to the information available to the Division of Probation and Parole or the United States Probation Office;
      2. Signature;
      3. Social Security number;
      4. Date of birth;
      5. Present Kentucky address where he or she resides; and
      6. Physical description.
  5. The offender shall present the documentation identified in subsection (2) or (4) of this section to the cabinet within thirty (30) calendar days from the date of the release letter and shall be responsible for paying the fee for the personal identification card or operator’s license pursuant to KRS 186.531 .
  6. The Transportation Cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish procedures for current inmates in state and federal prisons, who are deemed eligible by prison officials, to be issued operator’s licenses to engage in work release activities or reentry initiatives. The administrative regulations shall address, at a minimum:
    1. The information required for application, which shall include all information in paragraph (b) of this subsection which is germane to a current inmate. For purposes of this paragraph, the facility in which the inmate is housed shall be considered the inmate’s residence;
    2. Required documentation from the Department of Corrections or the Federal Bureau of Prisons that the inmate meets the security criteria to be eligible for work outside of the facility;
    3. Procedures for license issuance; and
    4. Restrictions on use of the license, including a requirement that the inmate shall surrender the license to prison officials when the inmate is not engaged in work outside the facility.
  7. The cabinet shall process applications for operator’s licenses and personal identification cards under this section in the same manner as in KRS 186.412 and 186.4122 .
  8. The Transportation Cabinet may enter into an agreement with the Kentucky Department of Corrections, the United States Probation Office, or the Federal Bureau of Prisons to use a mobile unit to begin the issuance process in this section.

HISTORY: 2017 ch. 100, § 7, effective January 1, 2019; 2018 ch. 74, § 1, effective January 1, 2019; 2020 ch. 51, § 9, effective March 27, 2020.

186.418. Voluntary statewide child identification program — Travel ID child identification — Fee — Term of child identification card.

  1. The Transportation Cabinet shall implement a voluntary statewide child identification program. The program shall issue a photo personal identification card to a child two (2) to fifteen (15) years of age.
  2. A parent or guardian may apply for a child identification card under this section at the cabinet. Application for a child identification card shall be accompanied by a Social Security card and a birth certificate for the child or other proof of the child’s date of birth as provided under KRS 186.412 . The card shall not contain the child’s Social Security number.
    1. If the child’s parent or guardian wishes to obtain a travel ID child identification card, the cabinet shall scan the application and supporting documentation, capture a photograph of the child in accordance with the provisions of KRS 186.4102(1), and issue the child identification card by mail. (3) (a) If the child’s parent or guardian wishes to obtain a travel ID child identification card, the cabinet shall scan the application and supporting documentation, capture a photograph of the child in accordance with the provisions of KRS 186.4102(1), and issue the child identification card by mail.
    2. If the child’s parent or guardian does not wish to obtain a travel ID child identification card, the cabinet shall scan the application, capture a photograph of the child in accordance with the provisions of KRS 186.4102(1), and issue the child identification card by mail.
    3. A parent or guardian applying under this section shall not be required to surrender the child’s birth certificate for image capture, image storage, or image transmission to any entity, including the federal government, unless express consent is given by the parent or guardian during the course of obtaining a voluntary travel ID child identification card.
  3. A child identification card issued under this section shall contain the child’s name and the toll-free number of the Kentucky missing persons clearinghouse, Department of Kentucky State Police. The descriptive data and a photo image of the child shall be stored in the Kentucky driver’s license information system and may be retrieved and used by public agencies subject to the provisions of the Driver’s Privacy Protection Act, 18 U.S.C. sec. 2721 , and may also be used by the Kentucky missing persons clearinghouse.
  4. The fee for a child identification card shall be six dollars ($6), which shall be deposited into the KYTC photo license account established in KRS 174.056 .
  5. A child identification card shall expire every four (4) years on the child’s birthday. Within the time period that the child identification card is valid, the card may be updated with a new photograph and information. The fee for an updated card shall be six dollars ($6), with the fee distributed in the same manner as the fee for an initial card as described in subsection (5) of this section.
  6. If a parent or guardian complies with the requirements of KRS 186.403 and 186.419 , the parent or guardian may request that the child identification card issued to a minor child under this section be a voluntary travel ID identity document under KRS 186.403 .
  7. A child identification card issued under this section shall contain a denotation that either:
    1. The child identification card is a voluntary travel ID identity document that complies with the security standards set forth by Pub. L. No. 109-13, Title II, and may be used for identification for federal purposes; or
    2. The identity document shall not be used for federal identification purposes.

HISTORY: 2017 ch. 100, § 8, effective January 1, 2019; 2020 ch. 51, § 10, effective March 27, 2020.

186.419. Additional documentation required for voluntary travel ID permit, license, or identification card — Administrative regulations — Proof of physical address and citizenship or immigration status.

  1. In addition to the information required under KRS 186.412 , 186.412 1, 186.4122 , and 186.4123 , an applicant for a voluntary travel ID instruction permit, operator’s license, or personal identification card under KRS 186.403 shall present two (2) of the following documents upon application or renewal that show the name and physical residential address of the applicant:
    1. Utility bill that is less than one (1) year old;
    2. Current lease or rental agreement;
    3. Bank statement that is less than one (1) year old;
    4. Mortgage statement;
    5. Telephone bill that is less than one (1) year old;
    6. Current insurance policy;
    7. State or federal tax return that is less than one (1) year old;
    8. Pay slip or salary statement that is less than one (1) year old;
    9. Record from an educational institution in Kentucky which establishes enrollment;
    10. Kentucky voter registration card that is less than one (1) year old;
    11. Current property tax bill;
    12. Current vehicle registration;
    13. Current operator’s license, instruction permit, or personal identification card;
    14. Postmarked mail that is less than one (1) year old;
    15. Internal Revenue Service form W-2 from the most recent tax year available; or
    16. Internal Revenue Service form 1099 from the most recent tax year available.
  2. Any of the documents described in subsection (1) of this section that contains the name of the spouse of the applicant, together with a certified copy of the applicant’s marriage license or marriage certificate, shall be considered acceptable documentation of proof of residence under subsection (1) of this section.
  3. The Transportation Cabinet may promulgate administrative regulations under KRS Chapter 13A to identify additional documentation that would satisfy the proof of residence requirement under this section.
  4. A Kentucky post office box address is not sufficient proof of physical address for purposes of this section.
  5. The cabinet may require additional proof of physical address if the cabinet questions the validity or authenticity of the proof of physical address submitted by the applicant.
  6. In addition to the information required under KRS 186.412 , 186.412 1, 186.4122 , and 186.4123 , an applicant for a voluntary travel ID instruction permit, operator’s license, or personal identification card under KRS 186.403 shall present valid documentary evidence that the applicant:
    1. Is a citizen or national of the United States;
    2. Is an alien lawfully admitted for permanent or temporary residence in the United States;
    3. Has conditional permanent resident status in the United States;
    4. Has an approved application for asylum in the United States or has entered into the United States in refugee status;
    5. Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
    6. Has a pending application for asylum in the United States;
    7. Has a pending or approved application for temporary protected status in the United States;
    8. Has approved deferred action status; or
    9. Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

HISTORY: 2017 ch. 100, § 11, effective January 1, 2019; 2020 ch. 51, § 11, effective March 27, 2020.

186.420. Exemption of operators of road or farm machinery and persons in Armed Forces.

  1. No person need obtain an operator’s license to operate a road roller, road machinery or any tractor or implement of husbandry temporarily drawn or propelled on the highways.
  2. Every person in the service of the Army, Navy or Marine Corps of the United States, when furnished with an operator’s permit from the United States, shall be exempt from an operator’s license when operating an official vehicle in the course of his service.

History. 2739m-35: amend. Acts 1944, ch. 74; 1948, ch. 208, § 4; 1950, ch. 176, § 2.

NOTES TO DECISIONS

Cited:

Washington Nat’l Ins. Co. v. Burke, 258 S.W.2d 709, 1953 Ky. LEXIS 878 , 38 A.L.R.2d 861 ( Ky. 1953 ); Georgetown v. Morrison, 362 S.W.2d 289, 1962 Ky. LEXIS 256 ( Ky. 1962 ).

186.430. Exemptions from Kentucky operator’s license requirement.

  1. Except as provided in subsection (2) or (6) of this section, a person over the age of sixteen (16) who is a United States citizen and who is not a resident of Kentucky may drive in Kentucky for a period of time not to exceed one (1) year from the date the person enters Kentucky if:
    1. The person possesses a valid license issued by the person’s home state;
    2. The person has the license in his or her immediate possession at all times when operating a vehicle on the highways; and
    3. The person’s home state accords similar privileges to licensed residents of Kentucky.
  2. A person who is a United States citizen but who is not a resident of Kentucky who is enrolled as a full-time or part-time student at a university, college, or technical college located in Kentucky may drive in Kentucky on a valid license issued by the person’s state of domicile, and shall not be required to obtain a Kentucky operator’s license under this chapter if the person has a student identification card from a university, college, or technical college located in Kentucky in his or her immediate possession at all times when driving in Kentucky.
  3. A person over the age of sixteen (16) who is not a United States citizen and who is legally visiting this country for less than one (1) year may drive in Kentucky on a valid domestic license issued by the person’s country of domicile and shall not be required to obtain a Kentucky driver’s license.
  4. A person over the age of sixteen (16) who is not a United States citizen, who has not been granted status as a permanent resident of the United States, but is a resident of Kentucky, shall be issued a Kentucky operator’s license if the person complies with the requirements of KRS 186.4121 . The cabinet may at any time refuse or discontinue the exemptions authorized in this section for any grounds and may deny, cancel, suspend, or revoke an instruction permit or operator’s license issued under this chapter.
  5. A person whose operator’s license or privilege to operate a motor vehicle, motorcycle, or moped in this state has been denied, withdrawn, canceled, suspended, or revoked as provided in KRS 186.400 to 186.640 shall not operate a motor vehicle, motorcycle, or moped in this state under a license, permit, or registration certificate issued by any other jurisdiction during the period of denial, withdrawal, cancellation, suspension, or revocation.
  6. The following persons may drive in Kentucky on a valid operator’s license issued by the person’s state or United States territory of domicile and shall not be required to obtain a Kentucky operator’s license under this chapter if the person is:
    1. A member of the Armed Forces of the United States stationed in Kentucky who maintains a home of record for military purposes outside of Kentucky;
    2. The member’s spouse; or
    3. The member’s child or stepchild who is sixteen (16) years of age or older and a dependent or under guardianship of the member.

History. 2739m-36: amend. Acts 1946, ch. 127, § 2; 1996, ch. 198, § 6, effective October 1, 1996; 2002, ch. 264, § 5, effective July 15, 2002; 2017 ch. 100, § 15, effective January 1, 2019; 2021 ch. 65, § 1, effective June 29, 2021.

Opinions of Attorney General.

An individual whose privilege of operating a motor vehicle in Kentucky is under suspension is prohibited from operating a vehicle in Kentucky notwithstanding he may hold a driver’s license issued by another state. OAG 65-334 .

An Indiana resident, under a valid instruction permit from Indiana, may take driver’s education training at a Kentucky high school. OAG 74-739 .

A person who operates a motor vehicle upon the highways of this state must have either a valid Kentucky operator’s license or a valid operator’s permit from another state; failure to possess either of the above mentioned operator’s licenses means that the person is in violation of KRS 186.620(2) if he operates a motor vehicle upon the highways of this state. OAG 83-67 .

If a nonresident who has no Kentucky driver’s license, has had his license suspended or revoked by the issuing state, he then has no right to drive a motor vehicle upon the highways of Kentucky. OAG 83-67 .

Research References and Practice Aids

Cross-References.

Suspension for nonpayment of judgment — Exception, KRS 187.410 .

186.435. Application for operator’s license by driver who becomes Kentucky resident — Verification of status in other jurisdiction — Procedures for permanent residents — Application of driver who becomes Kentucky resident.

  1. Except as provided in subsection (4) of this section, a licensed driver who becomes a Kentucky resident shall, within thirty (30) days of establishing residency, apply for a Kentucky operator’s license to the Transportation Cabinet.
  2. The Transportation Cabinet shall, before issuing a person a Kentucky operator’s license, verify through the National Drivers Register that the person applying for a Kentucky operator’s license does not currently have his or her operator’s license or driving privilege suspended or revoked in another licensing jurisdiction.
  3. A person who is not a United States citizen but who has been granted permanent resident status by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services, and who is a Kentucky resident, shall follow the same procedures for applying for an original, renewal, transfer, or duplicate operator’s license as persons who are United States citizens.
  4. A licensed driver from another jurisdiction who:
    1. Is not a United States citizen;
    2. Has not been granted permanent resident status by the United States Department of Homeland Security, United States Bureau of Citizenship and Immigration Services;
    3. Becomes a Kentucky resident; and
    4. Wishes to operate a motor vehicle;

shall, within thirty (30) days of establishing residency, apply for a Kentucky operator’s license under the provisions of KRS 186.4121 .

History. Enact. Acts 2002, ch. 264, § 2, effective July 15, 2002; 2017 ch. 100, § 16, effective January 1, 2019; 2020 ch. 51, § 12, effective March 27, 2020.

186.440. Persons ineligible for operator’s license — Reinstatement fee.

An operator’s license shall not be granted to:

  1. Any person who is not a resident of Kentucky;
  2. Any person under the age of sixteen (16);
  3. Any person under the age of eighteen (18) who holds a valid Kentucky instruction permit issued pursuant to KRS 186.450 , but who has not graduated from high school or who is not enrolled and successfully participating in school or who is not being schooled at home, except those persons who satisfy the District Court of appropriate venue pursuant to KRS 159.051 (3) that revocation of their license would create an undue hardship. Persons under the age of eighteen (18) shall present proof of complying with the requirements of KRS 159.051 ;
  4. Any person whose operator’s license has been suspended, during the period of suspension, subject to the limitations of KRS 186.442 ;
  5. Any person whose operator’s license has been revoked, nor to any nonresident whose privilege of exemption under KRS 186.430 has been refused or discontinued, until the expiration of the period for which the license was revoked, or for which the privilege was refused or discontinued;
  6. Any applicant adjudged incompetent by judicial decree;
  7. Any person who in the opinion of the Department of Kentucky State Police, after examination, is unable to exercise reasonable and ordinary control over a motor vehicle upon the highways;
  8. Any person who is unable to understand highway warnings or direction signs in the English language;
  9. Any person required by KRS 186.480 to take an examination who has not successfully passed the examination;
  10. Any person required by KRS Chapter 187 to deposit proof of financial responsibility, who has not deposited that proof;
  11. Any person who has not filed a correct and complete application attested to in the presence of a person authorized to administer oaths;
  12. Any person who cannot meet the requirements set forth in KRS 186.411(1) or (3); or
  13. Any person whose operator’s license has been suspended or revoked under the provisions of KRS Chapter 186, 187, or 189A who has not paid the reinstatement fee required under KRS 186.531 .

History. 2739m-37: amend. Acts 1966, ch. 78, § 1; 1966, ch. 255, § 170; 1974, ch. 306, § 2; 1978, ch. 92, § 8, effective June 17, 1978; 1980, ch. 88, § 1, effective July 15, 1980; 1986, ch. 123, § 1, effective July 15, 1986; 1990, ch. 63, § 1, effective July 13, 1990; 1990, ch. 234, § 2, effective July 13, 1990; 1994, ch. 267, § 1, effective July 15, 1994; 1994, ch. 416, § 7, effective July 15, 1994; 1994, ch. 455, § 3, effective July 15, 1994; 1996, ch. 341, § 10, effective July 15, 1996; 1996, ch. 198, § 4, effective October 1, 1996; 1998, ch. 442, § 5, effective July 15, 1998; 2002, ch. 264, § 6, effective July 15, 2002; 2003, ch. 189, § 2, effective June 24, 2003; 2007, ch. 85, § 193, effective June 26, 2007; 2017 ch. 100, § 24, effective January 1, 2019; 2020 ch. 51, § 13, effective March 27, 2020.

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 267, 416, and 455. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 416, which was last enacted by the General Assembly, prevails under KRS 446.250 .

NOTES TO DECISIONS

1.Constitutionality.

This section does not violate equal protection of the law on the theory that it treats driver’s license applicants with suspended out-of-state licenses differently from driver’s license applicants with suspended Kentucky licenses; this section is rationally related to the two legitimate purposes of protecting the public from drivers whose licenses have been suspended for DUI offenses and of preventing “license shopping” by nonresidents with suspended out-of-state licenses. Commonwealth Transp. Cabinet v. Hobson, 870 S.W.2d 228, 1993 Ky. App. LEXIS 158 (Ky. Ct. App. 1993).

2.Nonresident.

This section compels denial of a Kentucky license to a nonresident during such time as his license remains revoked in the issuing state; the word “nonresident” refers to the status of the driver at the time of revocation and that an individual who moves to Kentucky cannot successfully avoid the provisions of the statute by the simple expedient of changing his residence. Commonwealth Transp. Cabinet v. Hobson, 870 S.W.2d 228, 1993 Ky. App. LEXIS 158 (Ky. Ct. App. 1993).

3.Clearance Letter Requirement.

Failure to produce a clearance letter from another state which showed that the license issued to driver by that state was no longer suspended was sufficient grounds for this state’s refusal to issue an operator’s license under the provisions of this section and 601 KAR 12:020, even though the requirement of a clearance letter was the only one of several license reinstatement conditions the driver had not met. Transportation Cabinet v. Feige, 889 S.W.2d 52, 1994 Ky. App. LEXIS 147 (Ky. Ct. App. 1994).

Cited:

Ingram’s Adm’r v. Advance Motor Co., 283 Ky. 87 , 140 S.W.2d 840, 1940 Ky. LEXIS 300 ( Ky. 1940 ); Estes v. Gibson, 257 S.W.2d 604, 1953 Ky. LEXIS 802 , 36 A.L.R.2d 729 ( Ky. 1953 ); Scott v. Massachusetts Bonding & Ins. Co., 273 S.W.2d 350, 1954 Ky. LEXIS 1154 ( Ky. 1954 ); Cruse v. Commonwealth, 712 S.W.2d 356, 1986 Ky. App. LEXIS 1122 (Ky. Ct. App. 1986); Commonwealth v. Mullins, 812 S.W.2d 164, 1991 Ky. App. LEXIS 37 (Ky. Ct. App. 1991), rehearing denied, 1991 Ky. App. LEXIS 160 (Ky. Ct. App. 1991); Commonwealth v. Howard, 969 S.W.2d 700, 1998 Ky. LEXIS 95 ( Ky. 1998 ).

Opinions of Attorney General.

A peace officer has authority to stop the operator of a motor bike for the purpose of determining whether or not the operator has the required license where it appears the operator is under the age of 16. OAG 65-354 .

Since a person under 16 cannot obtain a license to operate a motor vehicle, if a person sells a car to a person under 16 knowingly, then such seller could be prosecuted for causing the juvenile to be charged with a crime. OAG 67-360 .

Operation of a motor vehicle in disregard of valid restrictions on a motor vehicle operator’s license is operation without a license in violation of KRS 186.410 for which a person may be convicted and fined or imprisoned or both pursuant to KRS 186.990(3), and for which a peace officer may issue a citation if the offense is committed in his presence. OAG 67-530 .

Juvenile offenders sixteen years of age or older charged with operating a motorcycle without an operator’s license must, in view of KRS 208.020 (now repealed), be proceeded against as adult offenders and the juvenile court has no jurisdiction in such cases, but juvenile offenders under sixteen years of age in such cases must be proceeded against in juvenile court. OAG 75-563 .

The lawful minimum age of a moped operator is 16. OAG 84-176 .

Research References and Practice Aids

Treatises

Petrilli, Kentucky Family Law, Minors, § 30.17.

186.442. Suspension or revocation of license or driving privileges in another jurisdiction — Persons eligible for restricted license — Application and supporting documents — Issuance of license valid only in Kentucky — Removal of restrictions — Inapplicability to commercial driver’s license.

  1. The Transportation Cabinet shall, before issuing or renewing a Kentucky operator’s license, verify through the National Drivers Register that the person applying for an initial or renewal Kentucky operator’s license does not currently have his or her operator’s license or driving privilege suspended or revoked in another licensing jurisdiction.
  2. If the person’s operator’s license or driving privilege is currently suspended or revoked in another licensing jurisdiction for a traffic offense where the conviction for the offense is less than five (5) years old, the Transportation Cabinet shall not issue the person an initial or renewal Kentucky operator’s license until the person resolves the matter in the other licensing jurisdiction and complies with the provisions of this chapter.
  3. A person whose operator’s license has been suspended or revoked in another licensing jurisdiction, or the holder of a Kentucky operator’s license whose driving privileges have been suspended in another licensing jurisdiction, may be issued a Kentucky license, or may renew a Kentucky license if:
    1. The conviction causing the suspension or revocation is more than five (5) years old;
    2. The conviction is for a traffic offense other than a felony traffic offense or a habitual violator offense; and
    3. The person has been a resident of the Commonwealth for at least five (5) years prior to the date of application for issuance or renewal.
    1. A person applying for an operator’s license under subsection (3) of this section shall submit an application to the cabinet, who shall electronically scan the application and supporting documents, along with a photograph of the applicant captured in accordance with KRS 186.4102(1), into the cabinet database. (4) (a) A person applying for an operator’s license under subsection (3) of this section shall submit an application to the cabinet, who shall electronically scan the application and supporting documents, along with a photograph of the applicant captured in accordance with KRS 186.4102(1), into the cabinet database.
    2. The cabinet shall review the person’s documentation, including the person’s photograph, in the cabinet database. If the documentation is verified as accurate, and if the person successfully completes any examinations required under KRS 186.480 and pays the reinstatement fee required under KRS 186.531 , the cabinet shall present the applicant with a temporary operator’s license, which shall be valid for thirty (30) days, until a permanent operator’s license is mailed to the applicant by the Transportation Cabinet.
  4. A person issued a Kentucky operator’s license in accordance with subsection (3) of this section shall be issued an operator’s license marked “Valid in Kentucky Only” and shall sign a statement that the person understands that he or she may be subject to arrest and detention if stopped by a law enforcement officer in another state while operating a motor vehicle on this restricted license.
  5. If a person granted a license under subsection (3) of this section satisfies the requirements to have the suspension or revocation in another state lifted, the person shall apply to the cabinet to be issued a new license without the restrictions outlined in subsection (3) of this section.
  6. The provisions of subsection (3) of this section shall not apply to a commercial driver’s license.

History. Enact. Acts 2003, ch. 189, § 1, effective June 24, 2003; 2017 ch. 100, § 17, effective January 1, 2019; 2020 ch. 51, § 14, effective March 27, 2020.

186.444. Medical review board — Purpose — Members — Informal hearing — Authority of cabinet to promulgate administrative regulations — Prohibition against age-based licensing limitations — Appeal.

  1. The Transportation Cabinet shall promulgate administrative regulations to establish a medical review board. The purpose of the medical review board shall be to receive cases relating to the ability of an applicant or holder of a motor vehicle operator’s license to drive due to physical or mental disability which may affect or limit a person’s ability to safely operate a motor vehicle.
  2. The secretary shall appoint any number of physicians licensed in the Commonwealth to the medical review board. Not less than three (3) members shall be present in order to conduct an informal hearing. Each member shall receive two hundred dollars ($200) per day for attending meetings of the board and shall be reimbursed for necessary expenses incurred in attending meetings.
  3. The cabinet shall promulgate administrative regulations regarding the procedures of the medical review board in conducting informal hearings.
  4. The cabinet shall not promulgate administrative regulations for the purpose of creating tests or other criteria that might limit a person’s ability to obtain or retain an operator’s license because that person may be considered too old to drive.
  5. Any person aggrieved by a decision made as a result of an informal hearing conducted under authority of KRS 186.411 and this section may appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1994, ch. 455, § 1, effective July 15, 1994; 1996, ch. 318, § 71, effective July 15, 1996; 2020 ch. 51, § 15, effective March 27, 2020.

186.445. License for child to operate motor vehicle of not more than five horsepower. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 198) was repealed by Acts 1950, ch. 60.

186.447. Motorcycle operator's license restriction — Three-wheeled motorcycles.

The Transportation Cabinet shall establish a restriction on motorcycle operator’s licenses which limits the operator to the operation of a three (3) wheeled motorcycle only.

HISTORY: 2021 ch. 188, § 1, effective June 29, 2021.

186.450. Instruction permits for motor vehicle and motorcycle — Application — Age requirements — Restrictions on driving with permit — Administrative regulations — Minors and adults who assume responsibility for them.

  1. A person who is at least sixteen (16) years of age may apply for an instruction permit to operate a motor vehicle. A person who possesses a valid intermediate motor vehicle operator’s license issued under KRS 186.452 or a person who is at least eighteen (18) years of age may apply for an instruction permit to operate a motorcycle. A holder of either a motor vehicle or motorcycle instruction permit may also operate a moped under that permit. A person applying for an instruction permit under this section shall make application to the Transportation Cabinet. A person applying for an instruction permit shall be required to comply with the following:
    1. If the person is under the age of eighteen (18), the instruction permit application shall be signed by the applicant’s parent or legal guardian. If the person does not have a living parent or does not have a legal guardian, the instruction permit application shall be signed by a person willing to assume responsibility for the applicant pursuant to KRS 186.590 ;
    2. If the person is under the age of eighteen (18) and in the custody of the Cabinet for Health and Family Services, the instruction permit application shall be signed by:
      1. The applicant’s parent, legal guardian, grandparent, adult sibling, aunt, or uncle if the parental rights have not been terminated in accordance with KRS Chapter 625;
      2. The foster parent with whom the applicant resides;
      3. Another person who is at least age eighteen (18) and is willing to assume responsibility for the applicant pursuant to KRS 186.590 ; or
      4. The applicant, without another person, upon verification by the Cabinet for Health and Family Services in accordance with KRS 605.102 that shall include proof of financial responsibility in accordance with KRS 186.590(2); and
    3. All applicants for an instruction permit shall comply with the examinations required by KRS 186.480 .
  2. If an applicant successfully passes the examinations required by KRS 186.480 , the applicant shall be issued an instruction permit upon payment of the fee set forth in KRS 186.531 .
    1. An instruction permit to operate a motor vehicle shall be valid for three (3) years and may be renewed. An instruction permit to operate a motorcycle shall be valid for one (1) year and may be renewed one (1) time. (3) (a) An instruction permit to operate a motor vehicle shall be valid for three (3) years and may be renewed. An instruction permit to operate a motorcycle shall be valid for one (1) year and may be renewed one (1) time.
    2. Except as provided in KRS 186.415 , a person who has attained the age of sixteen (16) years and is under the age of eighteen (18) years shall have the instruction permit a minimum of one hundred eighty (180) days before applying for an intermediate license and shall have an intermediate license for a minimum of one hundred eighty (180) days before applying for an operator’s license.
    3. A person who was under eighteen (18) years of age at the time of application for an instruction permit and is eighteen (18) years of age or older shall have the instruction permit a minimum of one hundred eighty (180) days and complete a driver training program under KRS 186.410(4) before applying for an operator’s license.
    4. A person who is at least eighteen (18) years of age and is under the age of twenty-one (21) years at the time of application for an instruction permit shall have the instruction permit a minimum of one hundred eighty (180) days before applying for an operator’s license.
    5. A person who is at least twenty-one (21) years of age at the time of application for an instruction permit shall have the instruction permit a minimum of thirty (30) days before applying for an operator’s license.
    6. In accordance with KRS 176.5062(5), a person whose motorcycle instruction permit has expired may apply to the cabinet to receive a motorcycle operator’s license or endorsement if the person presents proof of successful completion of a motorcycle safety education course approved by the Transportation Cabinet under KRS 176.5061 to 176.5069 .
    1. A person shall have the instruction permit in his possession at all times when operating a motor vehicle, motorcycle, or moped upon the highway. (4) (a) A person shall have the instruction permit in his possession at all times when operating a motor vehicle, motorcycle, or moped upon the highway.
    2. When operating a motor vehicle, a motor vehicle instruction permit holder shall be accompanied by a person with a valid operator’s license who is at least twenty-one (21) years of age occupying the seat beside the operator at all times.
    3. The requirements of paragraph (b) of this subsection shall not apply to a motor vehicle instruction permit holder being supervised on a multiple-vehicle driving range by a driver training instructor affiliated with a driver training school licensed under KRS Chapter 332 or a public or nonpublic secondary school.
  3. A person with an instruction permit who is under the age of eighteen (18) shall not operate a motor vehicle, motorcycle, or moped between the hours of 12 midnight and 6 a.m. unless the person can demonstrate good cause for driving, including but not limited to emergencies, involvement in school-related activities, or involvement in work-related activities.
  4. Except when accompanied by a driver training instructor affiliated with a driver training school licensed under KRS Chapter 332 or a public or nonpublic secondary school, a person with an instruction permit who is under the age of eighteen (18) years shall not operate a motor vehicle at any time when accompanied by more than one (1) unrelated person who is under the age of twenty (20) years. A peace officer shall not stop or seize a person nor issue a uniform citation for a violation of this subsection if the officer has no other cause to stop or seize the person other than a violation of this subsection. This subsection shall not apply to any operator of a vehicle registered under the provisions of KRS 186.050(4) who is engaged in agricultural activities.
  5. A violation under subsection (4), (5), or (6) of this section, a conviction for a moving violation under KRS Chapter 189 for which points are assessed by the cabinet, or a conviction for a violation of KRS 189A.010(1) shall add an additional minimum of one hundred eighty (180) days from the date of the violation before a person who is under the age of eighteen (18) years may apply for an intermediate license to operate a motor vehicle, motorcycle, or moped.
  6. A person under the age of eighteen (18) who accumulates more than six (6) points against his driving privilege may have the driving privilege suspended pursuant to KRS Chapter 186 or probated by the court.
  7. The Transportation Cabinet shall promulgate administrative regulations, in accordance with KRS Chapter 13A, to establish procedures for:
    1. Minors who reside with individuals in informal guardianship arrangements to have an adult who resides with them sign the minor’s application and assume responsibility in accordance with subsection (1) of this section;
    2. Individuals who have signed for responsibility under subsection (1) of this section to rescind that assumption of responsibility;
    3. Notifying minors when an adult has rescinded responsibility under subsection (1) of this section; and
    4. Allowing minors for whom an adult has rescinded responsibility under subsection (1) of this section, to obtain a new signature of an individual assuming responsibility without having to retake any examinations the minor has successfully passed.

History. 2739m-39: amend. Acts 1946, ch. 127, § 3; 1958, ch. 60, § 4; 1970, ch. 22, § 3; 1978, ch. 349, § 5, effective June 17, 1978; 1982, ch. 266, § 4, effective July 15, 1982; 1984, ch. 99, § 1, effective July 13, 1984; 1986, ch. 123, § 2, effective July 15, 1986; 1990, ch. 234, § 3, effective July 13, 1990; 1994, ch. 503, § 2, effective July 15, 1994; 1996, ch. 198, § 2, effective October 1, 1996; 1998, ch. 52, § 2, effective March 16, 1998; 2001, ch. 43, § 1, effective June 21, 2001; 2006, ch. 65, § 1, effective July 12, 2006; 2009, ch. 46, § 3, effective June 25, 2009; 2012, ch. 16, § 1, effective July 12, 2012; 2012, ch. 79, § 1, effective July 12, 2012; 2017 ch. 11, § 1, effective June 29, 2017; 2017 ch. 100, § 18, effective January 1, 2019; 2020 ch. 51, § 16, effective March 27, 2020; 2021 ch. 190, § 10, § 17, effective June 29, 2021.

Legislative Research Commission Notes.

(6/29/2021). This statute was amended by 2021 Ky. Acts ch. 190, secs. 10 and 17, which do not appear to be in conflict and have been codified together.

(7/12/2006). 2006 Ky. Acts ch. 65, sec, 9, provides: “The amendments to Section 1 of this Act (this statute) shall apply to any person who obtains an original or renewal instruction permit pursuant to KRS 186.450 on or after October 1, 2006.”

Opinions of Attorney General.

It would seem that the intention of this section is not being fulfilled where the licensed driver is intoxicated at the time he is in the car with a driver operating with an instruction permit. OAG 72-238 .

An Indiana resident, under a valid instruction permit from Indiana, may take driver’s education training at a Kentucky high school. OAG 74-739 .

The requirements of Acts 1990, ch. 234 (KRS 159.051 , 186.470 and this section) that applicants for driving permits and operator’s licenses who are under the age of 18 and who have not graduated from high school provide proof that they are currently enrolled or have been enrolled in the prior semester of school may be implemented immediately if it is limited to requiring the applicants to provide this proof based only on whether the applicants have withdrawn from school; requiring the applicants to provide proof of enrollment based on whether the applicants have “dropped out” of school as defined in Section 1(1) of the Act (KRS 159.051 ) should not be implemented immediately, because such immediate implementation would cause the Act to be applied retroactively without statutory authorization. In addition, the Act’s requirement that these applicants provide proof that they are not or have not been found academically deficient should not be implemented immediately, because such immediate implementation would cause the Act to be applied retroactively without statutory authorization; those requirements of the Act which will not be implemented immediately should be implemented at any future date in which the “preceding semester” referred to in the Act will have occurred after July 13, 1990. OAG 90-54 .

186.452. Intermediate license to operate a motor vehicle.

  1. Except as provided in KRS 186.415 , a person who is under eighteen (18) years of age may apply for an intermediate license to operate a motor vehicle if the person has:
    1. Held an instruction permit a minimum of one hundred eighty (180) days without a violation under KRS 186.450(4), (5), or (6), a conviction for a violation of KRS 189.292 or 189.294 , a conviction for a moving violation under KRS Chapter 189 for which points are assessed by the cabinet, or a conviction for a violation of KRS 189A.010(1); and
    2. Presented a statement to the Department of Kentucky State Police signed by a parent or guardian of the applicant attesting that the applicant has completed at least sixty (60) hours of supervised driving experience, including at least ten (10) hours at night, while accompanied by a person who has attained the age of twenty-one (21) years and holds a valid operator’s license occupying the seat beside the applicant.
  2. If an applicant for an intermediate license successfully completes the examinations required under KRS 186.480 , the Department of Kentucky State Police shall affix an intermediate license sticker to the instruction permit and report the applicant’s new status to the Transportation Cabinet. The Transportation Cabinet shall update the information in its computer system to reflect that the applicant has been granted an intermediate license. An intermediate license shall be valid for two (2) years and may be renewed.
  3. A person shall have the intermediate license in his or her possession at all times when operating a motor vehicle.
  4. A person with an intermediate license who is under the age of eighteen (18) years shall not operate a motor vehicle, motorcycle, or moped between the hours of 12 midnight and 6 a.m. unless the person can demonstrate good cause for driving, including emergencies, involvement in school-related activities, or involvement in work-related activities.
  5. Except when accompanied by a driver training instructor affiliated with a driver training school licensed under KRS Chapter 332 or a public or nonpublic secondary school, a person with an intermediate license who is under the age of eighteen (18) years shall not operate a motor vehicle at any time when accompanied by more than one (1) unrelated person who is under the age of twenty (20) years. A peace officer shall not stop or seize a person nor issue a uniform citation for a violation of this subsection if the officer has no other cause to stop or seize the person other than a violation of this subsection. This subsection shall not apply to any operator of a vehicle registered under the provisions of KRS 186.050(4) who is engaged in agricultural activities.
  6. A violation under subsection (3), (4), or (5) of this section, a conviction for a moving violation under KRS Chapter 189 for which points are assessed by the cabinet, or a conviction for a violation of KRS 189A.010(1) shall add an additional minimum of one hundred eighty (180) days from the date of the violation before a person who is under the age of eighteen (18) years may apply for an operator’s license.

History. Enact. Acts 2006, ch. 65, § 2, effective July 12, 2006; 2007, ch. 85, § 194, effective June 26, 2007; 2009, ch. 46, § 4, effective June 25, 2009; 2010, ch. 110, § 5, effective July 15, 2010.

186.454. Intermediate license holder application process.

  1. Except as provided in KRS 186.415 , a person with an intermediate license who is under the age of eighteen (18) years may apply for an operator’s license to operate a motor vehicle if the person has:
    1. Held an intermediate license for a minimum of one hundred eighty (180) days without a conviction for a moving violation under KRS Chapter 189 for which points are assessed by the cabinet, a conviction for a violation of KRS 189.292 or 189.294 , a conviction for a violation of KRS 189A.010(1), or a conviction under KRS 186.452(3), (4), or (5); and
    2. Completed a driver training program under KRS 186.410(4).
  2. A person with an intermediate license who is eighteen (18) years of age or older may apply for an operator’s license to operate a motor vehicle if the person has completed a driver training program under KRS 186.410(4).

History. Enact. Acts 2006, ch. 65, § 3, effective July 12, 2006; 2009, ch. 46, § 5, effective June 25, 2009; 2010, ch. 110, § 6, effective July 15, 2010.

186.455. Circuit clerk’s fees for preparing and acknowledging applications for driver’s instruction permit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1956, ch. 139) was repealed by Acts 1958, ch. 60, § 10.

186.460. Application for operator’s license or instruction permit — Renewal of license. [Repealed.]

Compiler’s Notes.

This section (2739m-40, 2739m-52, 2739m-70: amend. Acts 1944, ch. 68, § 1; 1946, ch. 127, § 4; 1948, ch. 208, § 5) was repealed by Acts 1958, ch. 60, § 10.

186.470. Application of minor — Renewal of minor’s license or permit — Consent to release of academic information to cabinet — Cancellation.

    1. Except as provided in paragraphs (b) and (c) of this subsection, the application of any minor under the age of eighteen (18) for an operator’s license, motorcycle operator’s license, intermediate license, or any instruction permit shall not be granted unless the application is signed by a parent or legal guardian of the applicant. Regardless of which parent signs the application, both parents shall be responsible as provided in KRS 186.590 . (1) (a) Except as provided in paragraphs (b) and (c) of this subsection, the application of any minor under the age of eighteen (18) for an operator’s license, motorcycle operator’s license, intermediate license, or any instruction permit shall not be granted unless the application is signed by a parent or legal guardian of the applicant. Regardless of which parent signs the application, both parents shall be responsible as provided in KRS 186.590 .
    2. The application of a minor who is under the age of eighteen (18) and in the custody of the Cabinet for Health and Family Services shall be signed by:
      1. The applicant’s parent, legal guardian, grandparent, adult sibling, aunt, or uncle if the parental rights have not been terminated in accordance with KRS Chapter 625;
      2. The foster parent with whom the applicant resides;
      3. Another person who is at least age eighteen (18) and is willing to assume responsibility for the applicant pursuant to KRS 186.590; or
      4. The applicant, without another person, upon verification by the Cabinet for Health and Family Services in accordance with KRS 605.102 that shall include proof of financial responsibility in accordance with KRS 186.590(2).
    3. If the minor does not have a father, mother, or guardian, and has not applied under paragraph (b) of this subsection, an operator’s license, intermediate license, or instruction permit shall not be granted to the minor unless his or her application is signed by a person willing to assume the obligation imposed by KRS 186.590 upon a person signing the application of a minor.
    4. A signature shall not be required in the case of the renewal of a minor’s license but the signature on the original application shall continue to make the parent, guardian, or other person liable under the provisions of KRS 186.590 on all renewals of the minor’s license until he or she reaches the age of eighteen (18) unless the license, or any renewal thereof, is canceled as provided in subsection (3) of this section.
  1. The application shall include parental consent or the minor’s consent for the receipt and release of the information as set forth in KRS 159.051 regarding the attendance and academic requirements for a minor to acquire and keep an operator’s license, intermediate license, instructional permit, or privilege to operate a motor vehicle.
    1. A parent or a guardian of a minor applicant, or a person who signed for a minor applicant under subsection (1)(b) or (c) of this section, may file with the cabinet a verified written request that the license of the minor be canceled. A minor’s foster parent shall share a request made in accordance with this paragraph with the Cabinet for Health and Family Services. (3) (a) A parent or a guardian of a minor applicant, or a person who signed for a minor applicant under subsection (1)(b) or (c) of this section, may file with the cabinet a verified written request that the license of the minor be canceled. A minor’s foster parent shall share a request made in accordance with this paragraph with the Cabinet for Health and Family Services.
    2. A representative of the Cabinet for Health and Family Services may file with the cabinet a verified written request that the license of a minor child in the custody of the Cabinet for Health and Family Services be canceled.
    3. Upon the filing of a request under paragraph (a) or (b) of this subsection, the license of the minor shall be canceled and any person who signed the application shall be relieved as to subsequent acts of the minor from the liability imposed by subsection (1) of KRS 186.590 .
  2. Upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license, the cabinet shall have the license canceled and no new license shall be issued to the minor until a new application, signed and verified, is made as required by this section.

HISTORY: 2739m-41: amend. Acts 1946, ch. 127, § 5; 1970, ch. 22, § 4; 1974, ch. 286, § 1; 1974, ch. 386, § 33; 1990, ch. 234, § 4, effective July 13, 1990; 1994, ch. 503, § 3, effective July 15, 1994; 1996, ch. 198, § 7, effective October 1, 1996; 2006, ch. 65, § 5, effective July 12, 2006; 2007, ch. 36, § 2, effective June 26, 2007; 2017 ch. 11, § 2.

NOTES TO DECISIONS

1.Constitutionality.

Where mother, who tendered her son’s driver’s license application, challenged constitutionality of requirement that male parent must sign the application, court found the statute to be reasonable in its classification preferring the father, citing both the overriding state interest as opposed to the minimal interest of the plaintiff and protection of a victim of the minor’s negligence from an insolvent defendant. Ogren v. Miller, 373 F. Supp. 980, 1973 U.S. Dist. LEXIS 10961 (W.D. Ky. 1973 ). See Johnston v. Hodges, 372 F. Supp. 1015, 1974 U.S. Dist. LEXIS 9341 (E.D. Ky. 1974 ).

This section, which contains a mandatory preference for a male parent over a female parent in sponsoring a minor for a driver’s license, is unconstitutional as it erects an arbitrary classification not justified by a compelling state interest. Johnston v. Hodges, 372 F. Supp. 1015, 1974 U.S. Dist. LEXIS 9341 (E.D. Ky. 1974 ). See Ogren v. Miller, 373 F. Supp. 980, 1973 U.S. Dist. LEXIS 10961 (W.D. Ky. 1973 ).

2.Liability of Signer for Minor’s License.

Where father signed application for operator’s license for a minor under this section, the one year statute of limitation for personal injuries (KRS 413.140 ) rather than the five year statute upon a liability created by statute (KRS 413.120 ) was applicable to an action for negligence imputed to the father under KRS 186.590 . Robinson v. Hardaway, 293 Ky. 627 , 169 S.W.2d 823, 1943 Ky. LEXIS 675 ( Ky. 1943 ).

In an action to recover damages for the death of a 12-year-old son who was not negligent while a passenger in an automobile driven by his 17-year-old brother whose application for operator’s license had been signed by the father in accordance with this section, the contributory negligence imputed to the father under KRS 186.590 applied only to the 17-year-old driver whose application he had signed and not to the passenger son so as to bar recovery for his death. Sizemore v. Bailey's Adm'r, 293 S.W.2d 165, 1956 Ky. LEXIS 55 ( Ky. 1956 ).

It was conceded that father who signed operator’s license of infant owner under this section was not liable under KRS 186.590 where minor son gave a 16-year-old girl and a 14-year-old girl permission to use his automobile and the 14-year-old who was a passenger while the 16-year-old girl was driving knew that this girl was an unlicensed and inexperienced driver. Cambron v. Bartlett, 333 S.W.2d 764, 1960 Ky. LEXIS 206 ( Ky. 1960 ).

The liability imposed by subsection (1) of KRS 186.590 on persons signing minors’ license applications may be extinguished by compliance with subsection (2) of that statute and where the trial judge specifically determined that this requirement had been satisfied as it had been shown that minor was covered by insurance and had the ability to respond in damages, trial court properly dismissed suit arising from minor’s negligent use of car as to minor’s father who had signed minor’s license application. Beardon v. Derry, 645 S.W.2d 356, 1983 Ky. App. LEXIS 276 (Ky. Ct. App. 1983).

Cited:

Finck v. Albers Super Markets, Inc., 136 F.2d 191, 1943 U.S. App. LEXIS 2994 (6th Cir. 1943); Estes v. Gibson, 257 S.W.2d 604, 1953 Ky. LEXIS 802 , 36 A.L.R.2d 729 ( Ky. 1953 ); Bryan v. Bear, 560 S.W.2d 827, 1977 Ky. App. LEXIS 886 (Ky. Ct. App. 1977).

Opinions of Attorney General.

An operator’s license issued to a minor should be canceled where the parent required to sign for the minor rescinds his request or renounces his assumption of liability but where evidence of the minor’s financial responsibility remains in the file. OAG 65-840 .

A married minor is subject to the provisions of this section. OAG 68-515 .

Under subsection (1) of this section, the signature of a minor’s mother, who is her custodian and guardian by virtue of a divorce decree, is required even though the mother has not seen the child for over 13 years. OAG 69-182 .

A minor who has a living father or mother or legal guardian cannot get an operator’s license or a learner’s permit by having an adult sign his application who is neither his father, mother nor legal guardian. OAG 80-249 .

The custody of and responsibility for a divorced minor does not revert to the parents since the parents no longer have parental control, however, the emancipation by marriage of a minor does not remove the disabilities of infancy, thus a divorced minor who wishes to apply for an operator’s license will have to get some adult, other than the father or mother, to sign the application as provided in this section, if neither parent will sign. OAG 80-430 .

Where a minor under the age of 18 applied for a motor vehicle operator’s license, and the minor’s father was deceased, his mother had been adjudged mentally incompetent, and he had no legally appointed guardian, the minor’s older brother, who was an adult, could sign the application for the minor as long as the adult brother was willing to assume the responsibilities imposed by KRS 186.590 . OAG 84-220 .

The requirements of Acts 1990, ch. 234 (KRS 159.051 , 186.450 and this section) that applicants for driving permits and operator’s licenses who are under the age of 18 and who have not graduated from high school provide proof that they are currently enrolled or have been enrolled in the prior semester of school may be implemented immediately if it is limited to requiring the applicants to provide this proof based only on whether the applicants have withdrawn from school; requiring the applicants to provide proof of enrollment based on whether the applicants have “dropped out” of school as defined in Section 1(1) of the Act (KRS 159.051 ) should not be implemented immediately, because such immediate implementation would cause the Act to be applied retroactively without statutory authorization. In addition, the Act’s requirement that these applicants provide proof that they are not or have not been found academically deficient should not be implemented immediately, because such immediate implementation would cause the Act to be applied retroactively without statutory authorization; those requirements of the Act which will not be implemented immediately should be implemented at any future date in which the “preceding semester” referred to in the Act will have occurred after July 13, 1990. OAG 90-54 .

Research References and Practice Aids

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Automobiles/No Fault/Uninsured Motorist, § 135.00.

Kentucky Instructions To Juries (Civil), 5th Ed., Automobiles, § 16.56.

Petrilli, Kentucky Family Law, Minors, § 30.17.

186.480. Examination of applicants by Department of Kentucky State Police — Exemptions. [Effective until July 1, 2024]

  1. The Department of Kentucky State Police shall examine every applicant for an operator’s license as identified in KRS 186.635 , except as otherwise provided in this section. The examination shall be held in the county where the applicant resides unless:
    1. The applicant is granted written permission by the Transportation Cabinet to take the examination in another county, and the Department of Kentucky State Police agree to arrange for the examination in the other county; or
    2. The applicant is tested using a bioptic telescopic device.
  2. The examination shall include a test of the applicant’s eyesight to ensure compliance with the visual acuity standards set forth in KRS 186.577 . The examination shall also include a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic, the applicant’s knowledge of traffic laws, and an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The provisions of this subsection shall not apply to an applicant who:
    1. At the time of application, holds a valid operator’s license from another state, provided that state affords a reciprocal exemption to a Kentucky resident; or
    2. Is a citizen of the Commonwealth who has been serving in the United States military and has allowed his or her operator’s license to expire.
  3. In addition to the requirements of subsection (2) of this section, an applicant for a motorcycle operator’s license shall be required to show his or her ability to operate a motorcycle. An applicant who successfully completes the skills portion of the test under this subsection on a:
    1. Three (3) wheeled motorcycle shall be issued a motorcycle operator’s license restricted to the operation of three (3) wheeled motorcycles under KRS 186.447 ; or
    2. Two (2) wheeled motorcycle shall be issued a motorcycle operator’s license without the restriction identified in KRS 186.447 , and may operate both two (2) and three (3) wheeled motorcycles.
  4. Any person whose intermediate license or operator’s license is denied, suspended, or revoked for cause shall apply for reinstatement at the termination of the period for which the license was denied, suspended, or revoked by submitting to the examination. The provisions of this subsection shall not apply to any person whose license was suspended for failure to meet the conditions described in KRS 186.411 when, within one (1) year of suspension, the driving privileges of such individuals are reinstated.
  5. An applicant shall not use an autocycle for any road skills testing administered under the provisions of this section.

History. 2739m-33, 2739m-67: amend. Acts 1948, ch. 208, § 6; 1968, ch. 63, § 8; 1970, ch. 22, § 5; 1976 (Ex. Sess.), ch. 36, § 6; 1986, ch. 122, § 1, effective July 15, 1986; 1986, ch. 123, § 3, effective July 15, 1986; 1994, ch. 86, § 2, effective July 15, 1994; 2000, ch. 396, § 5, effective January 1, 2001; 2002, ch. 264, § 9, effective July 15, 2002; 2006, ch. 65, § 6, effective July 12, 2006; 2007, ch. 85, § 195, effective June 26, 2007; 2017 ch. 69, § 3, effective June 29, 2017; 2017 ch. 100, § 37, effective January 1, 2019; 2020 ch. 51, § 17, effective March 27, 2020; 2021 ch. 188, § 2, effective June 29, 2021.

NOTES TO DECISIONS

1.Experienced Driver.

An instruction that a 16-year-old operator was contributorily negligent on the sole basis that he was an inexperienced driver because he had obtained his license only a week or ten days prior to the accident was unwarranted where he had demonstrated his ability to exercise ordinary and reasonable control in the operation of a motor vehicle to the satisfaction of the state police who examined him before he received his operator’s license. Davidson v. Davern, 385 S.W.2d 44, 1964 Ky. LEXIS 110 ( Ky. 1964 ).

Opinions of Attorney General.

The driving test cannot be given to a person between the ages of 16 and 18 without the person producing a birth certificate. OAG 65-93 .

Operation of a motor vehicle in disregard of valid restrictions on a motor vehicle operator’s license is operation without a license in violation of KRS 186.410 for which a person may be convicted and fined or imprisoned or both pursuant to KRS 186.990(3), and for which a peace officer may issue a citation if the offense is committed in his presence. OAG 67-530 .

186.480. Examination of applicants by Department of Kentucky State Police — Vision test to be administered in compliance with KRS 186.577 — Exemptions for certain applicants — Road skills test required for motorcycle operator’s license. [Effective July 1, 2024]

  1. The Department of Kentucky State Police shall examine every applicant for an operator’s license as identified in KRS 186.635 , except as otherwise provided in this section. The examination shall be held in the county where the applicant resides unless:
    1. The applicant is granted written permission by the Transportation Cabinet to take the examination in another county; or
    2. The applicant is tested using a bioptic telescopic device.
  2. The examination shall include a test of the applicant’s eyesight to ensure compliance with the visual acuity and visual field standards set forth in KRS 186.577 . The vision testing outlined in this subsection shall be administered under the provisions established in KRS 186.577 at, or prior to, the time of application. The examination shall also include a test of the applicant’s ability to read and understand highway signs regulating, warning, and directing traffic, the applicant’s knowledge of traffic laws, and an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The provisions of this subsection shall not apply to an applicant who:
    1. At the time of application, holds a valid operator’s license from another state, provided that state affords a reciprocal exemption to a Kentucky resident; or
    2. Is a citizen of the Commonwealth who has been serving in the United States military and has allowed his or her operator’s license to expire.
  3. In addition to the requirements of subsection (2) of this section, an applicant for a motorcycle operator’s license shall be required to show his or her ability to operate a motorcycle. An applicant who successfully completes the skills portion of the test under this subsection on a:
    1. Three (3) wheeled motorcycle shall be issued a motorcycle operator’s license restricted to the operation of three (3) wheeled motorcycles under KRS 186.447 ; or
    2. Two (2) wheeled motorcycle shall be issued a motorcycle operator’s license without the restriction identified in KRS 186.447 , and may operate both two (2) and three (3) wheeled motorcycles.
  4. Any person whose intermediate license or operator’s license is denied, suspended, or revoked for cause shall apply for reinstatement at the termination of the period for which the license was denied, suspended, or revoked by submitting to the examination. The provisions of this subsection shall not apply to any person whose license was suspended for failure to meet the conditions described in KRS 186.411 when, within one (1) year of suspension, the driving privileges of such individuals are reinstated.
  5. An applicant shall not use an autocycle for any road skills testing administered under the provisions of this section.

HISTORY: 2739m-33, 2739m-67: amend. Acts 1948, ch. 208, § 6; 1968, ch. 63, § 8; 1970, ch. 22, § 5; 1976 (Ex. Sess.), ch. 36, § 6; 1986, ch. 122, § 1, effective July 15, 1986; 1986, ch. 123, § 3, effective July 15, 1986; 1994, ch. 86, § 2, effective July 15, 1994; 2000, ch. 396, § 5, effective January 1, 2001; 2002, ch. 264, § 9, effective July 15, 2002; 2006, ch. 65, § 6, effective July 12, 2006; 2007, ch. 85, § 195, effective June 26, 2007; 2017 ch. 69, § 3, effective June 29, 2017; 2017 ch. 100, § 37, effective January 1, 2019; 2020 ch. 51, § 17, effective March 27, 2020; 2021 ch. 188, § 2, effective June 29, 2021; 2021 ch. 126, § 2, effective July 1, 2024.

186.490. Duties of the circuit clerk — Issuing offices to close by June 30, 2020.

  1. The circuit clerk of each county shall continue to issue standard identity documents until the cabinet determines that a cabinet regional office can assume those duties. All circuit clerk issuing offices shall be closed by June 30, 2022.
  2. The circuit clerk of each county that operates an office that issues standard identity credentials shall:
    1. Comply with all rules and regulations issued by the cabinet under KRS 186.400 relating to his or her duties;
    2. Act for the cabinet for the purpose of issuing temporary operator’s licenses, instruction permits, and personal identification cards;
    3. Administer the oath required by KRS 186.412 and 186.4122 to the applicant without fee;
    4. Report and remit monthly to the state all moneys collected during the preceding month and remit a copy of all applications taken by him during the same period to the Transportation Cabinet. Upon failure of any clerk to report and remit therefor more than seven (7) days after the due date, he shall pay, in addition to the amount due, a penalty of ten percent (10%) of the amount due. Penalties collected under this section shall be paid into the State Treasury as a p art of the revenue collected under KRS 186.531 ; and
    5. Keep adequate records of all moneys collected and remitted to the state.

History. 2739m-42, 2739m-44, 2739m-70: amend. Acts 1956 (1st Ex. Sess.), ch. 7, Art. X, § 12; 1958, ch. 60, § 5; 1968, ch. 63, § 4; 1970, ch. 22, § 6; 1980, ch. 188, § 309, effective July 15, 1980; 1998, ch. 367, § 2, effective July 15, 1998; 2017 ch. 100, § 19, effective January 1, 2019; 2020 ch. 51, § 18, effective March 27, 2020.

186.495. Alphabetical index of operators’ licenses. [Repealed]

History. Enact. Acts 1944, ch. 79, § 2; 1968, ch. 63, § 5; 1970, ch. 22, § 7; 2007, ch. 85, § 196, effective June 26, 2007; repealed by 2017 ch. 100, § 39, effective January 1, 2019.

186.500. Content of license certificate. [Repealed.]

Compiler’s Notes.

This section (2739m-44, Acts 1944, ch. 68, § 2; 1948, ch. 208, § 7) was repealed by Acts 1958, ch. 60, § 10.

186.510. License to be in possession and to be shown on demand.

The licensee shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display it upon demand to the circuit clerk or examiner, a peace officer, a member of the Department of Kentucky State Police, or a field deputy or inspector of the Department of Vehicle Regulation or Transportation Cabinet or, pursuant to KRS 67A.075 or 83A.088 , a safety officer who is in the process of securing information to complete an accident report. It shall be a defense to any charge under this section if the person so charged produces in court an operator’s license, issued to him or her before his or her arrest and valid at the time of his or her arrest.

History. 2739m-46: amend. Acts 1946, ch. 127, § 6; 1966, ch. 255, § 171; 1974, ch. 74, Art. IV, § 20(2), (9); 1976 (Ex. Sess.), ch. 14, § 174, effective January 2, 1978; 1994, ch. 110, § 3, effective July 15, 1994; 2007, ch. 85, § 197, effective June 26, 2007.

NOTES TO DECISIONS

1.Roadblock for Display of License.

The practice of setting up a roadblock for motor vehicles for the purpose of requiring the driver to display an operator’s license is not an arrest or illegal restraint or search nor can it be regarded as exercising arbitrary power over the lives, liberty and property of free men which power is denied by Ky. Const., § 2, therefore evidence obtained entirely and solely by such procedure that driver did not have or display a driver’s license is admissible in prosecution for driving without a license. Commonwealth v. Mitchell, 355 S.W.2d 686, 1962 Ky. LEXIS 83 ( Ky. 1962 ).

2.Production of License.

The state police are empowered to demand, without other justification, the production of a valid driver’s license of any driver. United States v. Cupps, 503 F.2d 277, 1974 U.S. App. LEXIS 6754 (6th Cir. Ky. 1974 ).

3.Search after Production of License.

State police exceeded their authority when, after stopping accused’s automobile, requesting and receiving a valid driver’s license, they ordered the accused from the automobile and then found a firearm which was not in sight while accused was in the automobile since they had no probable cause to search the vehicle as they had no reason to believe that the accused had been or was involved in any criminal activity nor were they in fear for their safety. United States v. Cupps, 503 F.2d 277, 1974 U.S. App. LEXIS 6754 (6th Cir. Ky. 1974 ).

Cited:

Johnson v. Commonwealth, 291 S.W.2d 550, 1956 Ky. LEXIS 385 ( Ky. 1956 ).

Opinions of Attorney General.

An officer of the state police can require an accused traffic law violator to exhibit his operator’s license before the motorist is informed of the charge against him. OAG 61-317 .

An officer of the state police would exceed his authority if, when arresting a motorist for a traffic violation, he required the motorist to surrender his driver’s license and then required the motorist to drive to the courthouse without his license. OAG 61-317 .

An officer may stop a driver for the good faith purpose of examining his license and if the driver has no license, he may be charged with a violation of the statute. OAG 62-359 .

A peace officer has authority to stop the operator of a motor bike for the purpose of determining whether or not the operator has the required license where it appears the operator is under the age of 16. OAG 65-354 .

Operation of a motor vehicle in disregard of valid restrictions on a motor vehicle operator’s license is operation without a license in violation of KRS 186.410 for which a person may be convicted and fined or imprisoned or both pursuant to KRS 186.990(3), and for which a peace officer may issue a citation if the offense is committed in his presence. OAG 67-530 .

Since reckless driving, failure to have a driver’s license, speeding and crossing the yellow line (KRS 189.300 ) are four separate offenses, where a chase commences in a city and ends in the county with both city and county and/or state officials involved in apprehending the violator, double jeopardy would not prohibit the county from charging the accused with speeding and crossing the yellow line even though the city has already charged reckless driving and failure to have a driver’s license. OAG 74-612 .

A police officer may not take a person’s driver’s license from him and require the person to drive to the courthouse without a license; all that a police officer can do is to require a person to display his operator’s license, for only in the case where the driver’s license is counterfeit or is not the license of the person carrying it would it be contraband such as to justify an officer in taking it from the person. OAG 76-645 .

Research References and Practice Aids

Cross-References.

Commercial driver’s licenses, KRS Chapter 281A.

186.520. Duplicate license.

  1. A person whose license has been legitimately lost or destroyed, shall apply to the Transportation Cabinet in order to make application for a duplicate license. The person shall furnish satisfactory proof by affidavit substantiating the loss or destruction when applying for a duplicate license.
  2. The fee for a duplicate license shall be according to the schedule set forth in KRS 186.531 .

History. 2739m-45: amend. Acts 1956, ch. 138; 1958, ch. 60, § 6; 1972, ch. 135, § 1; 1976, ch. 173, § 1; 1994, ch. 267, § 5, effective July 15, 1994; 2017 ch. 100, § 20, effective January 1, 2019; 2020 ch. 51, § 19, effective March 27, 2020.

186.530. Expiration of licenses — Renewal — Fee. [Repealed.]

Compiler’s Notes.

This section (2739m-47) was repealed by Acts 1948, ch. 208, § 8.

186.531. Fees for licenses, permits, and identification cards — Exceptions, when fee not to be assessed for personal identification cards — Voluntary donation to organ donor program — Acceptance of payment methods.

  1. As used in this section:
    1. “AOC Fund” means the circuit court clerk salary account created in KRS 27A.052 ;
    2. “GF” means the general fund;
    3. “IP” means instruction permit;
    4. “License Fund” or “LF” means the KYTC photo license account created in KRS 174.056 ;
    5. “MC” means motorcycle;
    6. “MC Fund” or “MCF” means the motorcycle safety education program fund established in KRS 176.5065 ;
    7. “OL” means operator’s license; and
    8. “PIDC” means personal identification card.
  2. The fees imposed for voluntary travel ID operator’s licenses, instruction permits, and personal identification cards shall be as follows. The fees received shall be distributed as shown in the table. The fees shown, unless otherwise noted, are for an eight (8) year period:
  3. Except as provided in subsection (11) of this section, the fees imposed for standard operator’s licenses, instruction permits, and personal identification cards shall be as follows:
    1. If the identity document is issued through a circuit clerk’s office, the fees received shall be distributed as shown in the table. The fees shown, unless otherwise noted, are for an eight (8) year period:
    2. If the identity document is issued through a Transportation Cabinet office, the fees received shall be distributed as shown in the table. The fees shown, unless otherwise noted, are for an eight (8) year period:
  4. The fee for a second or subsequent duplicate personal identification card for a person who does not have a fixed, permanent address, as allowed under KRS 186.4122(5) and 186.4123(5), shall be the same as for a duplicate regular personal identification card.
  5. The fee for a four (4) year original or renewal license issued pursuant to KRS 186.4101 shall be fifty percent (50%) of the amount shown in subsections (2) and (3) of this section. The distribution of fees shown in subsections (2) and (3) of this section shall also be reduced by fifty percent (50%) for licenses that are issued for four (4) years.
  6. Any fee for any identity document applied for using alternative technology under KRS 186.410 and 186.4122 shall be distributed in the same manner as a document applied for in person with the cabinet.
    1. An applicant for an original or renewal operator’s license, permit, commercial driver’s license, motorcycle operator’s license, or personal identification card shall be requested by the cabinet to make a donation to promote an organ donor program. (7) (a) An applicant for an original or renewal operator’s license, permit, commercial driver’s license, motorcycle operator’s license, or personal identification card shall be requested by the cabinet to make a donation to promote an organ donor program.
    2. The donation under this subsection shall be added to the regular fee for an original or renewal motor vehicle operator’s license, permit, commercial driver’s license, motorcycle operator’s license, or personal identification card. One (1) donation may be made per issuance or renewal of a license or any combination thereof.
    3. The fee shall be paid to the cabinet and shall be forwarded by the cabinet on a monthly basis to the Kentucky Circuit Court Clerks’ Trust for Life, and such moneys are hereby appropriated to be used exclusively for the purpose of promoting an organ donor program. A donation under this subsection shall be voluntary and may be refused by the applicant at the time of issuance or renewal.
  7. In addition to the fees outlined in this section, the following individuals, upon application for an initial or renewal operator’s license, instruction permit, or personal identification card, shall pay an additional application fee of thirty dollars ($30), which shall be deposited in the photo license account:
    1. An applicant who is not a United States citizen or permanent resident and who applies under KRS 186.4121 or 186.4123 ; or
    2. An applicant who is applying for a instruction permit, operator’s license, or personal identification card without a photo under KRS 186.4102(9).
    1. Except for individuals exempted under paragraph (c) of this subsection, an applicant for relicensing after revocation or suspension shall pay a reinstatement fee of forty dollars ($40). (9) (a) Except for individuals exempted under paragraph (c) of this subsection, an applicant for relicensing after revocation or suspension shall pay a reinstatement fee of forty dollars ($40).
    2. The reinstatement fee under this subsection shall be distributed by the State Treasurer as follows:
      1. Thirty-five dollars ($35) shall be deposited into the photo license account; and
      2. Five dollars ($5) shall be deposited into a trust and agency fund to be used in defraying the costs and expenses of administering a driver improvement program for problem drivers.
    3. This subsection shall not apply to:
      1. Any person whose license was suspended for failure to meet the conditions set out in KRS 186.411 when, within one (1) year of suspension, the driving privileges of the individual are reinstated; or
      2. A student who has had his or her license revoked pursuant to KRS 159.051 .
  8. As payment for any fee identified in this section, the cabinet:
    1. Shall accept cash and personal checks; and
    2. May accept other methods of payment in accordance with KRS 45.345 .
  9. There shall be no fee assessed for the initial, renewal, or duplicate standard personal identification card to an individual, if the individual:
    1. Does not possess a valid operator’s license or a commercial driver’s license; and
    2. Is at least eighteen (18) years of age on or before the next regular election.

Card Type Fee LF GF MCF OL (initial/renewal) $48 $48 $0 $0 OL (Under 21) (Up to 4 years) $18 $18 $0 $0 Any OL, MC, or combination (duplicate/corrected) $15 $13.25 $1.75 $0 Motor vehicle IP (3 years) $18 $16 $2 $0 Motorcycle IP (1 year) $18 $13 $1 $4 Motorcycle OL (initial/renewal) $48 $38 $0 $10 Combination vehicle/MC OL (initial/renewal) $58 $48 $0 $10 PIDC (initial/renewal) $28 $25 $3 $0 PIDC (duplicate/corrected) $15 $13.50 $1.50 $0

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Card Fee Road License AOC GF MC Type Fund Fund Fund Fund OL (initial/renewal) $43 $28 $7 $8 $0 $0 OL (Under 21) (Up to 4 years) $15 $7.50 $4 $3.50 $0 $0 Any OL, MC OL or combination (duplicate /corrected) $15 $5.25 $4 $4 $1.75 $0 Motor vehicle IP (3 years) $15 $5 $4 $4 $2 $0 Motorcycle IP (1 year) $15 $5 $4 $1 $1 $4 Motorcycle OL (initial/renewal) $43 $17.50 $8 $7.50 $0 $10 Combination vehicle/MC OL (initial/renewal) $53 $25 $7 $11 $0 $10 PIDC (initial/renewal) $23 $8 $8 $4 $3 $0 PIDC (duplicate/corrected) $15 $6 $4 $3.50 $1.50 $0 PIDC (no fixed address) and KRS 186.4122(5) 186.4123(5) $10 $0 $5 $5 $0 $0

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Card Type Fee LF GF MCF OL(initial/renewal) $43 $43 $0 $0 OL (Under 21) (Up to 4 years) $15 $15 $0 $0 Any OL, MC, or combination (duplicate/corrected) $15 $13.25 $1.75 $0 Motor vehicle IP (3 years) $15 $13 $2 $0 Motorcycle IP (1 year) $15 $10 $1 $4 Motorcycle OL (initial/renewal) $43 $33 $0 $10 Combination vehicle/MC OL (initial/renewal) $53 $43 $0 $10 PIDC (initial/renewal) $23 $20 $3 $0 PIDC (duplicate/corrected) $15 $13.50 $1.50 $0 PIDC (no fixed address) under /186.4123(5) KRS 186.4122(5) $10 $10 $0 $0

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History. Enact. Acts 1958, ch. 60, § 8; 1968, ch. 63, § 6; 1968, ch. 169, § 1; 1970, ch. 22, § 8; 1974, ch. 124, § 2; 1976, ch. 244, § 1; 1976 (Ex. Sess.), ch. 21, § 20, effective January 2, 1978; 1980, ch. 38, § 1, effective July 15, 1980; 1980, ch. 188, § 239, effective July 15, 1980; 1982, ch. 389, § 3, effective July 15, 1982; 1984, ch. 99, § 2, effective July 13, 1984; 1986, ch. 142, § 2, effective July 15, 1986; 1988, ch. 165, § 2, effective July 15, 1988; 1992, ch. 274, § 12, effective April 7, 1992; 1992, ch. 277, § 8, effective July 14, 1992; 1994, ch. 267, § 2, effective July 15, 1994; 1998, ch. 367, § 3, effective July 15, 1998; 2002, ch. 96, § 2, effective July 15, 2002; 2005, ch. 55, § 2, effective June 20, 2005; 2005, ch. 122, § 10, effective July 1, 2005; 2005, ch. 173, Pt. XV, § 1, effective July 1, 2005; 2011, ch. 79, § 1, effective June 8, 2011; repealed and reenacted by 2017 ch. 100, § 21, effective January 1, 2019; 2020 ch. 51, § 20, effective March 27, 2020; 2020 ch. 89, § 32, effective July 15, 2020; 2021 ch. 190, § 11, effective June 29, 2021.

Opinions of Attorney General.

On January 2, 1978 and thereafter circuit clerks should turn operator’s license fees into the Executive Department for Finance and Administration (now Finance and Administration Cabinet), which Department (now Cabinet) will in turn credit such fees to the general fund in the State Treasury. OAG 77-100 .

186.5315. Posting of notice about 1994 increases in fees of circuit clerks. [Repealed]

History. Enact. Acts 1994, ch. 267, § 7, effective July 15, 1994; repealed by 2017 ch. 100, § 39, effective January 1, 2019.

186.535. Earmark of funds from operator’s license and motorcycle registration fees.

  1. From the portion of the fee for each eight (8) year original or renewal operator’s license which is assigned to the photo license account under KRS 186.531 , two dollars ($2) shall be credited to a special account within the road fund, and shall be used exclusively by the Transportation Cabinet for the purpose of expanding the state driver education program, and two dollars ($2) shall be paid to the fiscal court of the county where the driver’s license is issued to be used by the fiscal court for county road purposes. The distribution of fees under this subsection shall be reduced by fifty percent (50%) for licenses issued for a four (4) year term in accordance with KRS 186.4101 .
  2. From the fee for each annual registration of a motorcycle pursuant to KRS 186.050 , four dollars ($4) shall be credited to the motorcycle safety education program fund pursuant to KRS 176.5065 and shall be used exclusively for the purposes outlined in KRS 176.5061 to 176.5069 .

History. Enact. Acts 1968, ch. 169, § 2; 1980, ch. 38, § 2, effective July 15, 1980; 1992, ch. 277, § 9, effective July 14, 1992; 1994, ch. 267, § 6, effective July 15, 1994; 2010, ch. 61, § 4, effective July 15, 2010; 2017 ch. 100, § 25, effective January 1, 2019; 2020 ch. 51, § 21, effective March 27, 2020; 2021 ch. 190, § 12, effective June 29, 2021.

Opinions of Attorney General.

The phrase, “shall be used exclusively,” removes the account from the application of the lapsing statute, KRS 45.230 (now repealed). OAG 69-424 .

Research References and Practice Aids

Cross-References.

Appropriations, lapsing, KRS 45.229 .

186.540. Application for corrected license or identification card upon change of address or name — No charge for corrected identity document if street name or postal address changed or if document contains error.

  1. Except as provided in subsections (2) and (3) of this section, when any person, after applying for or receiving an operator’s license or personal identification card, moves from the address named in the application or on the identity document issued to the person, or when the name of a identity document holder is changed, by marriage or otherwise, the person shall within ten (10) days after the change apply to the Transportation Cabinet for the issuance of a corrected license. The fee for a corrected license shall be as set forth in KRS 186.531 .
  2. If an identity document holder’s street name or postal address is changed and the person has not moved to a new residence, the person shall apply to the cabinet for a corrected identity document, which shall be issued free of charge.
  3. If a person receives an identity document that contains an error, the person shall apply to the cabinet for a corrected identity document, which shall be issued free of charge.

History. 2739m-68; 1994, ch. 393, § 10, effective January 1, 1995; 2006, ch. 235, § 1, effective July 12, 2006; 2017 ch. 100, § 26, effective January 1, 2019; 2020 ch. 51, § 22, effective March 27, 2020.

Compiler’s Notes.

For this section as effective January 1, 2019, see the following section, also numbered 186.540 .

Legislative Research Commission Note.

(7/15/94). In Attorney General Opinion 94-42, it was concluded that 1994 Ky. Acts ch. 393, which amended this statute “will take effect on January 1, 1995, the date the National Voter Registration Act will take effect with respect to Kentucky.”

NOTES TO DECISIONS

1.Notification Still Required.

Where Transportation Cabinet mailed a suspension notice to driver at his new address after initially mailing the notice to driver’s last address of record and receiving return of the notice, driver was not relieved of the requirement under this section to notify the Transportation Cabinet within 10 days of any change of address. Wright v. Transportation Cabinet, 891 S.W.2d 412, 1995 Ky. App. LEXIS 11 (Ky. Ct. App. 1995).

186.550. Courts to report convictions and send licenses to cabinet — Exception for offenses committed under KRS Chapter 189A.

  1. Except for offenses committed under KRS Chapter 189A, the clerk of any court having jurisdiction over offenses committed under motor vehicle laws shall report upon a form furnished by the cabinet the conviction, pleas or forfeiture of bond arising under motor vehicle laws, to the cabinet within fifteen (15) days.
  2. The court shall take up the motor vehicle operator’s license certificate of a person convicted of any of the offenses for which mandatory revocation is provided by KRS 186.560 and have it immediately forwarded to the cabinet with the report covering the conviction.

History. 2739m-48: amend. Acts 1976 (Ex. Sess.), ch. 14, § 175, effective January 2, 1978; 2019 ch. 103, § 23, effective July 1, 2020.

NOTES TO DECISIONS

1.License.
2.— Revocation.

The license is not revoked by the court. The Department of Revenue (now Transportation Cabinet) revokes the license, not as a punishment to the offender, but in the interest of public safety. Commonwealth v. Burnett, 274 Ky. 231 , 118 S.W.2d 558, 1938 Ky. LEXIS 257 ( Ky. 1938 ). See Commonwealth v. Harris, 278 Ky. 218 , 128 S.W.2d 579, 1939 Ky. LEXIS 405 ( Ky. 1939 ).

3.Certified Copy of Judgment.

Instead of a certified copy of judgment of conviction of an operator for driving a motor vehicle while under the influence of intoxicating liquor, an offense requiring mandatory revocation of license under KRS 186.560 , the police judge sent an abstract of the judgment to the commissioner of revenue (now secretary of the Transportation Cabinet) and that was all that was necessary under this section. Phillips v. Reeves, 313 Ky. 284 , 231 S.W.2d 63, 1950 Ky. LEXIS 882 ( Ky. 1950 ).

4.Appeal.

Even though there was no specific statutory authorization for judicial review of revocation of driver’s license for mandatory cause, in case where license was revoked because of a conviction for drunken driving and complainant denied that such a conviction had taken place, Circuit Court had jurisdiction to review the administrative action and had power to suspend effectiveness of order revoking license until case was decided on the merits. Commonwealth Dep't Public Safety v. Richardson, 467 S.W.2d 602, 1971 Ky. LEXIS 393 ( Ky. 1971 ).

Driver who takes an appeal from a police court conviction for driving under the influence of intoxicants is entitled to a suspension of the order of mandatory revocation of his operator’s license, since the conviction is no longer effective, and Circuit Court has jurisdiction to stay the enforcement of the revocation. Commonwealth, Dep't Public Safety v. Cox, 467 S.W.2d 603, 1971 Ky. LEXIS 394 ( Ky. 1971 ).

Cited:

Garner v. Shouse, 292 Ky. 798 , 168 S.W.2d 42, 1943 Ky. LEXIS 747 ( Ky. 1943 ).

Opinions of Attorney General.

An order is a conviction within the meaning of this section. OAG 66-23 .

An adjudication of guilt, whether upon a guilty plea or after trial, and an order placing a defendant on probation constitute a conviction for the purpose of assessing points under the point system. OAG 66-23 .

A supersedeas on appeal to Circuit Court from a city court conviction for driving under the influence does not require that the defendant’s operator’s license be delivered to the Circuit Court and the license must be forwarded to the Department of Public Safety (now Transportation Cabinet) pursuant to this section. OAG 70-550 .

The county judge trying the case must immediately, upon a conviction for driving a vehicle while under the influence of intoxicating liquor or narcotic drugs, take up the defendant’s motor vehicle operator’s license and have it immediately forwarded to the Department of Public Safety (now the Transportation Cabinet) along with the report covering such conviction. OAG 72-141 .

A police court loses jurisdiction of a case arising under this section when the case is appealed to the Circuit Court, but until an appeal is filed the police court retains jurisdiction and the conviction is in effect. OAG 72-526 .

When an appeal from a conviction has been filed and the police judge receives the order from the Circuit Court to stay proceedings on the judgment, the operator’s certificate should be returned to the defendant. OAG 72-526 .

The period of suspension of a driver’s license of a person convicted of certain named offenses in KRS 186.560 runs from the date upon which the operator can no longer legally drive a vehicle either because he does not have his license certificate in his possession because it has been taken up by the court or because he has been notified by the Department of Transportation (now Transportation Cabinet) that his license has been suspended and he is ordered to surrender his license certificate to the Department (now Cabinet) and the Department (now Cabinet) may give the operator credit for the time that the trial court kept his license before mailing it to the Department (now Cabinet) unless it has been shown in a hearing that the operator continued to drive his vehicle on the highways during that period. OAG 77-31 .

The entrance of a guilty plea constitutes a conviction within the meaning of this section providing for the reporting by the court to the Department of Transportation (now Transportation Cabinet) of conviction under the motor vehicle laws. OAG 78-750 .

In “driving under the influence” convictions involving a nonresident motor vehicle operator, the Kentucky trial court has no authority to withdraw or revoke a nonresident’s privilege of operating a motor vehicle in Kentucky. The withdrawing or revoking of a nonresident’s privilege to operate a motor vehicle in Kentucky is the responsibility of the Transportation Cabinet, pursuant to KRS 186.560 , 186.565 (now repealed), 186.570 , 189A.070 , and 189A.080 . OAG 85-72 .

A Kentucky trial court has no authority to physically take possession of a nonresident operator’s license when he is convicted of driving under the influence. OAG 85-72 .

186.560. Mandatory revocation or denial of license — Causes — Period of revocation or denial — Prohibition against reductions of certain revocations or denials — Limited exception relating to enrollment in alcohol or substance abuse education or treatment programs.

  1. The cabinet shall forthwith revoke the license of any operator of a motor vehicle upon receiving record of his or her:
    1. Conviction of any of the following offenses:
      1. Murder or manslaughter resulting from the operation of a motor vehicle;
      2. Driving a vehicle which is not a motor vehicle while under the influence of alcohol or any other substance which may impair one’s driving ability;
      3. Perjury or the making of a false affidavit under KRS 186.400 to 186.640 or any law requiring the registration of motor vehicles or regulating their operation on highways;
      4. Any felony in the commission of which a motor vehicle is used;
      5. Conviction or forfeiture of bail upon three (3) charges of reckless driving within the preceding twelve (12) months;
      6. Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident;
      7. Conviction of theft of a motor vehicle or any of its parts, including the conviction of any person under the age of eighteen (18) years;
      8. Failure to have in full force and effect the security required by Subtitle 39 of KRS Chapter 304 upon conviction of a second and each subsequent offense within any five (5) year period;
      9. Conviction for fraudulent use of a driver’s license or use of a fraudulent driver’s license to purchase or attempt to purchase alcoholic beverages, as defined in KRS 241.010 , in violation of KRS 244.085(4);
      10. Conviction of operating a motor vehicle, motorcycle, or moped without an operator’s license as required by KRS 186.410 ; and
      11. Conviction of fleeing or evading police in the second degree when the offense involved the operation of a motor vehicle; or
    2. Being found incompetent to stand trial under KRS Chapter 504.
  2. If the person convicted of any offense named in subsection (1) of this section or who is found incompetent to stand trial is not the holder of a license, the cabinet shall deny the person so convicted a license for the same period of time as though he had possessed a license which had been revoked. If through an inadvertence the defendant should be issued a license, the cabinet shall forthwith cancel it.
  3. The cabinet, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license of that person is denied, or suspended, or revoked, or while his privilege to operate a motor vehicle is withdrawn, shall immediately extend the period of the first denial, suspension, revocation, or withdrawal for an additional like period.
  4. The revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a period of not less than five (5) years. Revocations or denials under this section shall not be subject to any lessening of penalties authorized under any other provision of this section or any other statute.
  5. Except as provided in subsections (3), (4), (8), and (9) of this section, in all other cases, the revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section shall be for a period of six (6) months, except that if the same person has had one (1) previous conviction of any offense enumerated in subsection (1) of this section, regardless of whether the person’s license was revoked because of the previous conviction, the period of the revocation, denial, or withdrawal shall be one (1) year. If the person has had more than one (1) previous conviction of the offenses considered collectively as enumerated in subsection (1) of this section, regardless of whether the person’s license was revoked for any previous conviction, the period of revocation, denial, or withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of the written recommendation of the court in which any person has been convicted of violating KRS 189.520(1) or 244.085(4) as relates to instances in which a driver’s license or fraudulent driver’s license was the identification used or attempted to be used in the commission of the offense, who has had no previous conviction of said offense, the person’s operator’s license shall not be revoked, but the person’s operator’s license shall be restricted to any terms and conditions the secretary in his discretion may require, provided the person has enrolled in an alcohol or substance abuse education or treatment program as the cabinet shall require. If the person fails to satisfactorily complete the education or treatment program or violates the restrictions on his operator’s license, the cabinet shall immediately revoke his operator’s license for a period of six (6) months.
  6. In order to secure the reinstatement of a license to operate a motor vehicle or motorcycle restored following a period of suspension pursuant to KRS Chapter 189A, the person whose license is suspended shall comply with the fees and other procedures of the Transportation Cabinet with regard to the reinstatement of suspended licenses.
  7. The cabinet shall revoke the license of any operator of a motor vehicle upon receiving notification that the person is under age eighteen (18) and has dropped out of school or is academically deficient, as defined in KRS 159.051(1).
  8. A person under the age of eighteen (18) who is convicted of the offenses of subsections (1) or (3) of this section, except for subsection (1)(a)8. or 9. of this section, shall have his license revoked until he reaches the age of eighteen (18) or shall have his license revoked as provided in this section, whichever penalty will result in the longer period of revocation.
  9. A revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section due to a person being found incompetent to stand trial shall extend until the person is found competent to stand trial or the criminal case is dismissed.

History. 2739m-49: amend. Acts 1946, ch. 127, § 7; 1966, ch. 17, § 1; 1974, ch. 217, § 1; 1980, ch. 103, § 1, effective July 15, 1980; 1984, ch. 129, § 3, effective January 1, 1985; 1984, ch. 165, § 15, effective July 13, 1985; 1986, ch. 376, § 2, effective July 15, 1986; 1986, ch. 434, § 1, effective July 15, 1986; 1986, ch. 443, § 3, effective July 15, 1986; 1988, ch. 222, § 1, effective July 15, 1988; 1990, ch. 234, § 5, effective July 13, 1990; 1991 (1st Ex. Sess.), ch. 15, § 20, effective July 1, 1991; 1996, ch. 198, § 8, effective October 1, 1996; 2000, ch. 467, §§ 26, 29, effective October 1, 2000; 2006, ch. 235, § 2, effective July 12, 2006; 2013, ch. 16, § 1, effective June 25, 2013; 2017 ch. 62, § 117, effective June 29, 2017; 2019 ch. 103, § 24, effective July 1, 2020; 2020 ch. 97, § 3, effective July 15, 2020.

Legislative Research Commission Note.

(6/25/2013). In codifying 2013 Ky. Acts ch. 16, sec. 1, (this statute), a reference in subsection (8) to “subsection (1)(a)8. or 8. of this section” has been changed to “subsection (1)(a)8. or 9. of this section.” The internal numbering of subsection (1) of this statute was modified by that Act, but the reference in subsection (8) of this statute was incorrectly modified to conform with that renumbering. The Reviser of Statutes has corrected this manifest clerical or typographical error in codification under the authority of KRS 7.136(1)(h).

NOTES TO DECISIONS

1.Revocation.

The magistrate does not revoke the license for operating while intoxicated but merely recommends such revocation. Commonwealth v. Burnett, 274 Ky. 231 , 118 S.W.2d 558, 1938 Ky. LEXIS 257 ( Ky. 1938 ).

The revocation period under KRS 189A.070 is not governed by the conviction as a first, second, third, or subsequent violation of the section within a five-year period, but by the number of convictions sustained for driving under the influence under KRS 189A.010 within that period; whether those convictions are all pursuant to subdivision (2)(a) of KRS 189A.010 for first offense violations of KRS 189A.010 or whether they are successive convictions is of no consequence in the administration of KRS 189A.070 . Division of Driver Licensing, Dep't of Vehicle Regulation, Transp. Cabinet v. Bergmann, 740 S.W.2d 948, 1987 Ky. LEXIS 263 ( Ky. 1987 ).

A two (2) year license suspension was properly imposed on the defendant, notwithstanding that he had no previous convictions arising prior to the triggering event, where the defendant pleaded guilty to five (5) felony offenses and driving while intoxicated, all arising from the triggering event. Conley v. Kentucky, 75 F. Supp. 2d 687, 1999 U.S. Dist. LEXIS 18724 (E.D. Ky. 1999 ).

2.— Forfeiture of Temporary Right.

Permission to operate an auto on the public highways is a temporary right granted by the state, and its use and enjoyment depends upon compliance with the conditions prescribed. Revocation of the operator’s license is merely forfeiture of a conditional temporary permit, and does not deprive the holder of any guaranteed civil right. Commonwealth v. Harris, 278 Ky. 218 , 128 S.W.2d 579, 1939 Ky. LEXIS 405 ( Ky. 1939 ).

3.Drunken Driving.

Revenue Department (Transportation Cabinet) must mandatorily suspend license of person convicted of drunken driving, upon being notified of the conviction, and the judgment is final. Commonwealth v. Harris, 278 Ky. 218 , 128 S.W.2d 579, 1939 Ky. LEXIS 405 ( Ky. 1939 ).

4.Proof of Financial Responsibility.

The action of the Department of Revenue (now Transportation Cabinet) in refusing the issuance of an automobile operator’s license was proper where driver’s operator’s license had been revoked for one year following his second conviction of operating an automobile on a public highway while under the influence of intoxicating liquor and he refused to furnish the Department of Revenue (now Transportation Cabinet) with proof of his financial responsibility as required by KRS 187.450(1), (2) (now repealed). Commonwealth ex rel. Allphin v. Stumbo, 258 S.W.2d 910, 1953 Ky. LEXIS 892 ( Ky. 1953 ).

5.Out-of-State Convictions.

While the General Assembly might well have related the length of license suspension to the number of convictions of driving under the influence anywhere, it has explicitly chosen that the length of revocation be related to the number of violations of KRS 189A.010 . Sutton v. Transp. Cabinet, Commonwealth, 775 S.W.2d 933, 1989 Ky. App. LEXIS 42 (Ky. Ct. App. 1989).

6.Previous Convictions.

Multiple convictions on the same date do not constitute previous offenses pursuant to subsection (5) of this section. Commonwealth v. Fisher, 74 S.W.3d 750, 2001 Ky. App. LEXIS 55 (Ky. Ct. App. 2001).

Cited:

Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ), overruled in part, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ); Commonwealth v. Steiber, 697 S.W.2d 135, 1985 Ky. LEXIS 259 ( Ky. 1985 ); Commonwealth Transp. Cabinet v. Hobson, 870 S.W.2d 228, 1993 Ky. App. LEXIS 158 (Ky. Ct. App. 1993).

Opinions of Attorney General.

No officer, agent or employee of the Commonwealth has authority to confiscate license plates issued by another state to a person who drives a car bearing those plates into Kentucky regardless of the fact that the person’s driver’s license was revoked by the Commonwealth of Kentucky. OAG 60-1055 .

Where a person was convicted on the same day of two offenses of drunken driving the two suspensions should run concurrently. OAG 61-498 .

Where a person was convicted on the same day of two offenses of drunken driving and they were his first and second offenses, his license should be revoked for a total period of 12 months. OAG 61-498 .

Although running a red light alone cannot be considered an act of reckless driving, it may, together with other circumstances or acts, be considered as reckless driving or an element of it. OAG 63-833 .

An order is a conviction within the meaning of KRS 186.550 . OAG 66-23 .

An adjudication of guilt for a moving motor vehicle violation and an order placing a defendant on probation constitute a conviction for the purpose of assessing points under the point system and such an order is a conviction within the meaning of KRS 186.550 . OAG 66-23 .

An adjudication of guilt, whether upon a guilty plea or after trial, and an order placing a defendant on probation constitute a conviction for the purpose of assessing points under the point system. OAG 66-23 .

The county judge trying the case must immediately, upon a conviction for driving a vehicle while under the influence of intoxicating liquor or narcotic drugs, take up the defendant’s motor vehicle operator’s license certificate and have it immediately forwarded to the Department of Public Safety (now Transportation Cabinet) along with the report covering such conviction as provided by KRS 186.550 . OAG 72-141 .

Where an operator is convicted of an offense requiring mandatory suspension of his driver’s license, if the operator appeals to the Circuit Court, obtains a stay of suspension of his license pending the decision in that court, and later his conviction is affirmed by the Circuit Court and no further stay is obtained, the period of suspension will start from the date which the court or the department takes up the operator’s license certificate. OAG 77-31 .

The period of suspension of a driver’s license of a person convicted of certain named offenses in this section runs from the date upon which the operator can no longer legally drive a vehicle either because he does not have his license certificate in his possession because it has been taken up by the court or because he has been notified by the Department of Transportation (now Transportation Cabinet) that his license has been suspended and he is ordered to surrender his license certificate to the Department (now Cabinet) and the Department (now Cabinet) may give the operator credit for the time that the trial court kept his license before mailing it to the Department (now Cabinet) unless it has been shown in a hearing that the operator continued to drive his vehicle on the highways during that period. OAG 77-31 .

A person who has refused to take a chemical test for intoxication cannot avoid the suspension of his driving privileges by attending driver education school without having been convicted of driving while intoxicated. OAG 77-190 .

If a driver commits several offenses requiring mandatory suspension, the periods of suspension shall be served consecutively. OAG 78-174 .

A plea of guilty constitutes a conviction for purposes of subsection (4) of this section. OAG 78-750 .

In “driving under the influence” convictions involving a nonresident motor vehicle operator, the Kentucky trial court has no authority to withdraw or revoke a nonresident’s privilege of operating a motor vehicle in Kentucky. The withdrawing or revoking of a nonresident’s privilege to operate a motor vehicle in Kentucky is the responsibility of the Transportation Cabinet, pursuant to this section and KRS 186.565 (now repealed), 186.570 , 189A.070 , and 189A.080 . OAG 85-72 .

A Kentucky trial court has no authority to physically take possession of a nonresident operator’s license when he is convicted of driving under the influence. OAG 85-72 .

Research References and Practice Aids

Cross-References.

Suspension for nonpayment of judgment — Exception, KRS 187.410 .

Kentucky Law Journal.

Johnston, Legislation — A Proposed Drunken Driving Statute, 36 Ky. L.J. 90 (1947).

186.565. Consent to test for alcohol in blood — Procedure upon refusal — Ruling — Judicial review — Exception — Application to court to enter driver’s education program. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 184, §§ 1 to 6; 1970, ch. 238, § 1; 1974, ch. 74, Art. IV, § 20(7), (8); 1976, ch. 29, § 1, effective March 5, 1976; 1978, ch. 157, § 1, effective June 17, 1978; 1980, ch. 103, § 2, effective July 15, 1980; 1980, ch. 114, § 33, effective July 15, 1980; 1984, ch. 165, § 16, effective July 13, 1984) was repealed by Acts 1991 (1st Ex. Sess.), ch. 15, § 31, effective July 1, 1991. For present law see KRS 189A.005 , 189A.103 , 189A.105 , 189A.107 , 189A.120 , 189A.200 and 189A.220 .

186.570. Denial or suspension of license — Informal hearing — Appeal — Surrender of certificate — Medical review board — Prohibition against raising insurance on basis of denial or suspension for child support arrearage.

  1. The cabinet or its agent designated in writing for that purpose may deny any person an operator’s license or may suspend the operator’s license of any person, or, in the case of a nonresident, withdraw the privilege of operating a motor vehicle in this state, subject to a hearing and with or without receiving a record of conviction of that person of a crime, if the cabinet has reason to believe that:
    1. That person has committed any offenses for the conviction of which mandatory revocation of a license is provided by KRS 186.560 .
    2. That person has, by reckless or unlawful operation of a motor vehicle, caused, or contributed to an accident resulting in death or injury or serious property damage.
    3. That person has a mental or physical disability that makes it unsafe for him to drive upon the highways. The Transportation Cabinet shall, by administrative regulations promulgated pursuant to KRS Chapter 13A, establish a medical review board to provide technical assistance in the review of the driving ability of these persons. The board shall consist of licensed medical and rehabilitation specialists.
    4. That person is an habitually reckless or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws.
    5. That person has been issued a license without making proper application for it, as provided in KRS 186.412 or 186.412 1 and administrative regulations promulgated pursuant to KRS Chapter 13A.
    6. That person has presented false or misleading information as to the person’s residency, citizenship, religious convictions, or immigration status.
    7. A person required by KRS 186.480 to take an examination has been issued a license without first having passed the examination.
    8. That person has been convicted of assault and battery resulting from the operation of a motor vehicle.
    9. That person has failed to appear pursuant to a citation or summons issued by a law enforcement officer of this Commonwealth or any other jurisdiction.
    10. That person has failed to appear pursuant to an order by the court to produce proof of security required by KRS 304.39-010 and a receipt showing that a premium for a minimum policy period of six (6) months has been paid.
    11. That person is a habitual violator of KRS 304.39-080 . For purposes of this section, a “habitual violator” shall mean any person who has operated a motor vehicle without security on the motor vehicle as required by Subtitle 39 of this chapter three (3) or more times within a five (5) year period, in violation of KRS 304.99-060 (2).
  2. The cabinet shall deny any person a license or shall suspend the license of an operator of a motor vehicle upon receiving written notification from the Cabinet for Health and Family Services that the person has a child support arrearage which equals or exceeds the cumulative amount which would be owed after six (6) months of nonpayment or failure, after receiving appropriate notice, to comply with a subpoena or warrant relating to paternity or child support proceedings, as provided by 42 U.S.C. secs. 651 et seq.; except that any child support arrearage which exists prior to January 1, 1994, shall not be included in the calculation to determine whether the license of an operator of a motor vehicle shall be denied or suspended. The denial or suspension shall continue until the arrearage has been eliminated, payments on the child support arrearage are being made in accordance with a court or administrative order, or the person complies with the subpoena or warrant relating to paternity or child support. Before the license may be reinstated, proof of elimination of the child support arrearage or proof of compliance with the subpoena or warrant relating to paternity or child support proceedings as provided by 42 U.S.C. sec. 666(a)(16) from the court where the action is pending or the Cabinet for Health and Family Services shall be received by the Transportation Cabinet as prescribed by administrative regulations promulgated by the Cabinet for Health and Family Services and the Transportation Cabinet.
  3. The cabinet or its agent designated in writing for that purpose shall deny any person an operator’s license or shall suspend the operator’s license of any person, or, in the case of a nonresident, withdraw the privilege of operating a motor vehicle in this state:
    1. Where the person has been declared ineligible to operate a motor vehicle under KRS 532.356 for the duration of the ineligibility, upon notification of the court’s judgment; or
    2. Upon receiving written notification from the Finance and Administration Cabinet, Department of Revenue, that the person is a delinquent taxpayer as provided in KRS 131.1817 . The denial or suspension shall continue until a written tax clearance has been received by the cabinet from the Finance and Administration Cabinet, Department of Revenue. Notwithstanding the provisions of subsection (4) of this section, a person whose license is denied or suspended under this paragraph shall have thirty (30) days from the date the cabinet mails the notice to request a hearing.
  4. The cabinet or its agent designated in writing for that purpose shall provide any person subject to the suspension, revocation, or withdrawal of their driving privileges, under provisions of this section, an informal hearing. Upon determining that the action is warranted, the cabinet shall notify the person in writing by mailing the notice to the person by first-class mail to the last known address of the person. The hearing shall be automatically waived if not requested within twenty (20) days after the cabinet mails the notice. The hearing shall be scheduled as early as practical within twenty (20) days after receipt of the request at a time and place designated by the cabinet. An aggrieved party may appeal a decision rendered as a result of an informal hearing, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
    1. The cabinet may suspend the operator’s license of any resident upon receiving notice of the conviction of that person in another state of an offense there which, if committed in this state, would be grounds for the suspension or revocation of an operator’s license. The cabinet shall not suspend an operator’s license under this paragraph if: (5) (a) The cabinet may suspend the operator’s license of any resident upon receiving notice of the conviction of that person in another state of an offense there which, if committed in this state, would be grounds for the suspension or revocation of an operator’s license. The cabinet shall not suspend an operator’s license under this paragraph if:
      1. The conviction causing the suspension or revocation is more than five (5) years old;
      2. The conviction is for a traffic offense other than a felony traffic offense or a habitual violator offense; and
      3. The license holder complies with the provisions of KRS 186.442 .
    2. If, at the time of application for an initial Kentucky operator’s license, a person’s license is suspended or revoked in another state for a conviction that is less than five (5) years old, the cabinet shall deny the person a license until the person resolves the matter in the other state and complies with the provisions of this chapter.
    3. The cabinet may, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws, forward a notice of that person’s conviction to the proper officer in the state of which the convicted person is a resident.
    4. This subsection shall not apply to a commercial driver’s license.
  5. The Transportation Cabinet is forbidden from suspending or revoking an operator’s license or assessing points or any other form of penalty against the license holder for speeding violations or speeding convictions from other states. This subsection shall apply only to speeding violations. This section shall not apply to a person who holds or is required to hold a commercial driver’s license.
  6. Each operator’s license which has been canceled, suspended, or revoked shall be surrendered to and destroyed by the cabinet. At the end of the period of cancellation, suspension, or revocation, the license holder may reapply under KRS 186.412 or 186.4121 , after the licensee has complied with all requirements for the issuance or reinstatement of his or her driving privilege.
  7. Insurance companies issuing motor vehicle policies in the Commonwealth shall be prohibited from raising a policyholder’s rates solely because the policyholder’s driving privilege has been suspended or denied pursuant to subsection (2) of this section.

History. 2739m-50: amend. Acts 1946, ch. 127, § 8; 1968, ch. 152, § 121; 1972, ch. 92, § 1; 1974, ch. 74, Art. IV, § 20(7); 1978, ch. 287, § 2, effective June 17, 1978; 1990, ch. 455, § 30, effective July 13, 1990; 1992, ch. 136, § 2, effective July 14, 1992; 1994, ch. 381, § 1, effective July 15, 1994; 1994, ch. 416, § 8, effective July 15, 1994; 1996, ch. 318, § 72, effective July 15, 1996; 1996, ch. 341, § 11, effective July 15, 1996; 1998, ch. 255, § 1, effective July 15, 1998; 1998, ch. 426, § 123, effective July 15, 1998; 1998, ch. 442, § 6, effective July 15, 1998; 1998, ch. 565, § 4, effective July 15, 1998; 2001, ch. 139, § 1, effective June 21, 2001; 2002, ch. 264, § 7, effective July 15, 2002; 2003, ch. 189, § 3, effective June 24, 2003; 2005, ch. 99, § 145, effective June 20, 2005; 2005, ch. 152, § 3, effective June 20, 2005; 2005, ch. 165, § 3, effective June 20, 2005; 2008, ch. 21, § 1, effective July 15, 2008; 2013, ch. 119, § 4, effective July 1, 2013; 2017 ch. 100, § 27, effective January 1, 2019.

Compiler’s Notes.

For this section as effective until January 1, 2019, see the preceding section also numbered KRS 186.570 .

Legislative Research Commission Note.

(7/15/94). This section was amended by 1994 Ky. Acts chs. 381 and 416. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 416, which was last enacted by the General Assembly, prevails under KRS 446.250 .

NOTES TO DECISIONS

1.Constitutionality.

This section is not unconstitutional in that the legislative functions have been delegated to an administrative body without providing any criteria or standards in the legislative act since the point system adopted by the department under its power to promulgate rules and regulations is constitutionally sound and the administration of the traffic rules can lawfully be delegated to administrative officials. Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

To the extent that this section prior to its 1978 amendment provided for denial or suspension of a driver’s license or a withdrawal of the operating privilege without the opportunity for a hearing, it was unconstitutional. Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

2.Point System.

Department of Public Safety (now Transportation Cabinet) did not apply retroactively regulation providing for use of point system in determining when licensee’s license should be suspended where offenses for which he was convicted in 1954, 1955 and 1956 were not grounds for suspension when he was convicted of them in view of the fact that this section, enacted prior thereto authorized the Department (now Cabinet) to summarily suspend the license of any person if they have reason to believe he is a habitually reckless driver and defendant’s license was suspended under this section upon determination he was a habitually reckless driver and mere fact that point system was used in making this determination did not make application of the regulation retroactive. Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

The Department of Public Safety (now Transportation Cabinet) in adopting a point system providing for the suspension of a driver’s license after a driver has accumulated a certain number of points, acted within the scope of the power delegated to it under this section because the regulations neither enlarged nor restricted the application of the terms of the statute but merely declared an administrative policy within its express terms; the point system provides a fair and workable method of effectuating the provisions of this section. Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

Provision of this section that the Department of Public Safety (now Transportation Cabinet) “may” immediately suspend the license of a licensee did not restrict the department (now cabinet) from promulgating reasonable regulations giving advance notice of standards which will govern its determination of when a licensee is habitually reckless by adoption of a system providing for mandatory suspension when the licensee accumulates 12 penalty points for moving traffic violations under the point system. Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ), overruled in part, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ), overruled on other grounds, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 (Ky. 1971) (decision prior to 1978 amendment).

3.Evidentiary Hearing.

Where no hearing was afforded licensee by the Department of Public Safety (now Transportation Cabinet) prior to the revocation of license, and where licensee’s hearing on appeal of revocation in the quarterly court resulted in reversal of the revocation order, in the absence of an administrative hearing it must be assumed that the evidence supported the position of the Circuit Court. Commonwealth, Dep't of Public Safety v. Walker, 481 S.W.2d 681, 1972 Ky. LEXIS 270 ( Ky. 1972 ).

The Due Process Clause of the 14th Amendment requires that an administrative hearing be afforded a licensee before the Department of Public Safety (now Transportation Cabinet) may revoke his license pursuant to this section. Commonwealth, Dep't of Public Safety v. Walker, 481 S.W.2d 681, 1972 Ky. LEXIS 270 ( Ky. 1972 ).

An offender under KRS 186.560(1)(d) is not entitled to an administrative hearing under subsection (3) (now subsection (4)) of this section. Commonwealth v. Fisher, 74 S.W.3d 750, 2001 Ky. App. LEXIS 55 (Ky. Ct. App. 2001).

4.Revocation.

The magistrate does not revoke the license for operating while intoxicated but merely recommends such revocation. Commonwealth v. Burnett, 274 Ky. 231 , 118 S.W.2d 558, 1938 Ky. LEXIS 257 ( Ky. 1938 ).

Cited:

Commonwealth v. Weinberg, 150 S.W.3d 75, 2004 Ky. App. LEXIS 319 (Ky. Ct. App. 2004).

Opinions of Attorney General.

An operator’s license issued to a minor should be canceled where the parent required to sign for the minor rescinds his request or renounces his assumption of liability but where evidence of the minor’s financial responsibility remains in the file. OAG 65-840 .

An adjudication of guilt for a moving motor vehicle violation and an order placing a defendant on probation constitute a conviction for the purpose of assessing points under the point system and such an order is a conviction within the meaning of KRS 186.550 . OAG 66-23 .

An adjudication of guilt, whether upon a guilty plea or after trial, and an order placing a defendant on probation constitute a conviction for the purpose of assessing points under the point system. OAG 66-23 .

This section vests exclusive jurisdiction in the department of public safety (now transportation cabinet) over suspensions of driver licenses and no court of the state has jurisdiction to enter an order granting “special privileges” for a person whose license has been suspended. OAG 69-129 .

A conviction for speeding in any territory wherein the commonwealth has ceded jurisdiction to the federal government without a retention of police power or where congress has not receded to state jurisdiction the respective territory involved must be considered a conviction received in other states pursuant to subsection (2) of this section and cannot be used by the department of public safety (now transportation cabinet) to assess points and effect driver license suspensions. OAG 73-239 .

The department of transportation (now transportation cabinet) may withdraw the privilege of operating a motor vehicle in Kentucky, in the case of a nonresident with or without a hearing, and with or without receiving a record of conviction of that person of a crime, whenever the department (now cabinet) has reason to believe that such person has committed any offenses for the conviction of which mandatory revocation of license is provided by KRS 186.560 but Kentucky has no control over the license, as such, issued by a sister state. OAG 75-505 .

The legislative purpose in having Kentucky join the nonresident violator compact was to allow peace officers who cite a nonresident motorist for a traffic violation to issue a citation to the violator who is a resident of a member state with the assurance that the violator’s home state will enforce Kentucky’s citation. OAG 79-70 .

An initial appearance on a citation will not satisfy the requirements of subsection (1)(h) (now (1)(i)) of this section if the district judge continues the case on the docket with an order for the defendant to appear at a later definite date. OAG 79-358 .

A person who fails to appear in response to a citation on a misdemeanor charge which is not a traffic violation cannot have his driving privileges suspended by the department (now cabinet) because of such failure to appear. OAG 79-358 .

If the district judge does not continue a case on the docket, but simply defers payment of the fine, it will be necessary to use some other means to enforce the payment of the fine rather than suspension of the driver’s license. OAG 79-358 .

If a nonresident has a valid driver’s license from another state and thus has the privilege of driving on Kentucky’s highways, Kentucky cannot withdraw that privilege without affording him a due process hearing; however, if the driver’s out-of-state license has been suspended or revoked, there is no privilege to withdraw since the nonresident’s home state has already canceled or suspended his operator’s license and he has no right or privilege to drive on Kentucky’s highways. There is no need to hold a hearing pursuant to subsection (2) (now subsection (4)) of this section to withdraw driving privileges of a nonresident motorist, where the nonresident driver has no legal authority to operate a motor vehicle on the highways of this state. OAG 83-67 .

In “driving under the influence” convictions involving a nonresident motor vehicle operator, the Kentucky trial court has no authority to withdraw or revoke a nonresident’s privilege of operating a motor vehicle in Kentucky. The withdrawing or revoking of a nonresident’s privilege to operate a motor vehicle in Kentucky is the responsibility of the Transportation Cabinet, pursuant to this section and KRS 186.560 , 186.565 (now repealed), 189A.070 , and 189A.080 . OAG 85-72 .

A Kentucky trial court has no authority to physically take possession of a nonresident operator’s license when he is convicted of driving under the influence. OAG 85-72 .

A prosecutor may legally prove the existence of a mandatory revocation of operator’s license made pursuant to this section by first producing to this section by first producing a certified copy of a conviction for which mandatory revocation shall take place from the court which rendered the conviction; second, the prosecutor should produce a certified copy of the driving history record, obtained from the Transportation Cabinet, in order to prove that such a revocation did in fact take place. OAG 89-19 .

Research References and Practice Aids

Cross-References.

Suspension of license, following accident, under financial responsibility law, KRS 187.410 .

186.572. Assessment of penalty points for speeding on limited access highway.

Conviction for any one (1) of the following moving hazardous violations on a limited access highway or a limited access highway of four (4) or more lanes in Kentucky on which the speed limit is sixty-five (65) mph or higher shall be cause for assessment of the penalty points indicated:

Speeding 10 mph or less over the limit 0 points.

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History. Enact. Acts 1987 (Ex. Sess.), ch. 36, § 7; 1988, ch. 177, § 4, effective July 15, 1988.

Research References and Practice Aids

Kentucky Bench & Bar.

An Overview of Kentucky’s New Court System, Vol. 41, No. 2, April 1977 Ky. Bench & B. 13.

186.574. State traffic school for new drivers and for traffic offenders — Fee — Procedures — County attorney-operated traffic safety program.

  1. The Transportation Cabinet shall establish a state traffic school for new drivers and for traffic offenders. The school shall be composed of uniform education and training elements designed to create a lasting influence on new drivers and a corrective influence on traffic offenders. District Courts may in lieu of assessing penalties for traffic offenses, other than for KRS 189A.010 , sentence offenders to state traffic school and no other.
  2. If a District Court stipulates in its judgment of conviction that a person attend state traffic school, the court shall indicate this in the space provided on the abstract of conviction filed with the Transportation Cabinet. Upon receipt of an abstract, the Transportation Cabinet, or its representative, shall schedule the person to attend state traffic school. Failure of the person to attend and satisfactorily complete state traffic school in compliance with the court order, may be punished as contempt of the sentencing court. The Transportation Cabinet shall not assess points against a person who satisfactorily completes state traffic school. However, if the person referred to state traffic school holds or is required to hold a commercial driver’s license, the underlying offense shall appear on the person’s driving history record.
  3. The Transportation Cabinet shall supervise, operate, and administer state traffic school, and shall promulgate administrative regulations pursuant to KRS Chapter 13A governing facilities, equipment, courses of instruction, instructors, and records of the program. In the event a person sentenced under subsection (1) of this section does not attend or satisfactorily complete state traffic school, the Transportation Cabinet may deny that person a license or suspend the license of that person until he reschedules attendance or completes state traffic school, at which time a denial or suspension shall be rescinded.
  4. Persons participating in the state traffic school as provided in this section shall pay a fee of fifteen dollars ($15) to defray the cost of operating the school, except that if enrollment in state traffic school is to satisfy the requirement of KRS 186.410(4)(c), a fee shall not be assessed. Any funds collected pursuant to KRS 186.535(1) that are dedicated to the photo license account for use in the state driver education program may be used for the purposes of state traffic school.
  5. The following procedures shall govern persons attending state traffic school pursuant to this section:
    1. A person convicted of any violation of traffic codes set forth in KRS Chapters 177, 186, or 189, and who is otherwise eligible, may in the sole discretion of the trial judge, be sentenced to attend state traffic school. Upon payment of the fee required by subsection (4) of this section, and upon successful completion of state traffic school, the sentence to state traffic school shall be the person’s penalty in lieu of any other penalty, except for the payment of court costs;
    2. Except as provided in KRS 189.990(28), a person shall not be eligible to attend state traffic school who has been cited for a violation of KRS Chapters 177, 186, or 189 that has a penalty of mandatory revocation or suspension of an offender’s driver’s license;
    3. Except as provided in KRS 189.990(28), a person shall not be eligible to attend state traffic school for any violation if, at the time of the violation, the person did not have a valid driver’s license or the person’s driver’s license was suspended or revoked by the cabinet;
    4. Except as provided in KRS 189.990(28), a person shall not be eligible to attend state traffic school more than once in any one (1) year period, unless the person wants to attend state traffic school to comply with the driver education requirements of KRS 186.410 ; and
    5. The cabinet shall notify the sentencing court regarding any person who was sentenced to attend state traffic school who was ineligible to attend state traffic school. A court notified by the cabinet pursuant to this paragraph shall return the person’s case to an active calendar for a hearing on the matter. The court shall issue a summons for the person to appear and the person shall demonstrate to the court why an alternative sentence should not be imposed.
    1. Except as provided in paragraph (b) of this subsection, a county attorney may operate a traffic safety program for traffic offenders prior to the adjudication of the offense. (6) (a) Except as provided in paragraph (b) of this subsection, a county attorney may operate a traffic safety program for traffic offenders prior to the adjudication of the offense.
    2. Offenders alleged to have violated KRS 189A.010 or 304.39-080 , offenders holding a commercial driver’s license under KRS Chapter 281A, or offenders coming within the provisions of subsection (5)(b) or (c) of this section shall be excluded from participation in a county attorney-operated program.
    3. A county attorney that operates a traffic safety program:
      1. May charge a reasonable fee to program participants, which shall only be used for payment of county attorney office operating expenses; and
      2. Shall, by October 1 of each year, report to the Prosecutors Advisory Council the fee charged for the county attorney-operated traffic safety program and the total number of traffic offenders diverted into the county attorney-operated traffic safety program for the preceding fiscal year categorized by traffic offense.
    4. Each participant in a county attorney-operated traffic safety program shall, in addition to the fee payable to the county attorney, pay a twenty-five dollar ($25) fee to the court clerk, which shall be paid into a trust and agency account with the Administrative Office of the Courts and is to be used by the circuit clerks to hire additional deputy clerks and to enhance deputy clerk salaries.
    5. Each participant in a county attorney-operated traffic safety program shall, in addition to the fee payable to the county attorney and the fee required by paragraph (d) of this subsection, pay a thirty dollar ($30) fee to the county attorney in lieu of court costs. On a monthly basis, the county attorney shall forward the fees collected pursuant to this paragraph to the Finance and Administration Cabinet to be distributed as follows:
      1. Ten and eight-tenths percent (10.8%) to the spinal cord and head injury research trust fund created in KRS 211.504 ;
      2. Nine and one-tenth percent (9.1%) to the traumatic brain injury trust fund created in KRS 211.476 ;
      3. Five and eight-tenths percent (5.8%) to the special trust and agency account set forth in KRS 42.320(2)(f) for the Department of Public Advocacy;
      4. Five and seven-tenths percent (5.7%) to the crime victims compensation fund created in KRS 49.480 ;
      5. One and two-tenths percent (1.2%) to the Justice and Public Safety Cabinet to defray the costs of conducting record checks on prospective firearms purchasers pursuant to the Brady Handgun Violence Prevention Act and for the collection, testing, and storing of DNA samples;
      6. Sixteen and eight-tenths percent (16.8%) to the county sheriff in the county from which the fee was received;
      7. Nine and one-tenth percent (9.1%) to the county treasurer in the county from which the fee was received to be used by the fiscal court for the purposes of defraying the costs of operation of the county jail and the transportation of prisoners;
      8. Thirty-three and two-tenths percent (33.2%) to local governments in accordance with the formula set forth in KRS 24A.176(5); and
      9. Eight and three-tenths percent (8.3%) to the Cabinet for Health and Family Services for the implementation and operation of a telephonic behavioral health jail triage system as provided in KRS 210.365 and 441.048 .

History. Enact. Acts 1980, ch. 248, § 1, effective July 15, 1980; 1984, ch. 165, § 17, effective July 13, 1984; 1984, ch. 258, § 1, effective July 13, 1984; 1996, ch. 198, § 9, effective October 1, 1996; 1998, ch. 124, § 9, effective July 15, 1998; 2000, ch. 232, § 1, effective July 14, 2000; 2002, ch. 183, § 15, effective August 1, 2002; 2005, ch. 165, § 4, effective June 20, 2005; 2008, ch. 108, § 3, effective July 15, 2008; 2012, ch. 107, § 1, effective July 12, 2012; 2014, ch. 71, § 8, effective July 15, 2014; 2015 ch. 36, § 1, effective June 24, 2015; 2017 ch. 74, § 92, effective June 29, 2017; 2020 ch. 51, § 23, effective March 27, 2020.

NOTES TO DECISIONS

1.Constitutionality.

Writ of prohibition was inappropriate based on a judge’s lack of jurisdiction to sua sponte invalidate Ky. Rev. Stat. Ann. § 186.574(6) as district courts had subject-matter jurisdiction over traffic offenses, and the alleged errors implicated particular-case jurisdiction, which belonged to the erroneous action category of writs. Delahanty v. Commonwealth, 558 S.W.3d 489, 2018 Ky. App. LEXIS 146 (Ky. Ct. App. 2018).

Writ of prohibition based on erroneous action was properly granted where a judge’s order that Ky. Rev. Stat. Ann. § 186.574(6) was unconstitutional affected the county attorney’s ability to exercise statutory and prosecutorial authority, no actual litigant had raised the issue, the statute’s constitutionality was not essential to the motions before the judge, there was a lack of notice and due process to the county attorney, the Attorney General was not joined as required by Ky. Rev. Stat. Ann. § 418.075(1), and the judge’s decision violated separation of powers. Delahanty v. Commonwealth, 558 S.W.3d 489, 2018 Ky. App. LEXIS 146 (Ky. Ct. App. 2018).

Opinions of Attorney General.

There would be no constitutional or statutory restriction on a circuit court clerk serving as an instructor in one of the state’s driver improvement programs. OAG 80-548 .

186.575. Highway patrol to take up canceled, revoked or suspended licenses. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1946, ch. 127, § 9) was repealed by Acts 1956 (1st Ex. Sess.), ch. 7, Art. X, § 13.

186.576. Definitions for KRS 186.576 to 186.579.

As used in KRS 186.576 to 186.579 :

  1. “Applicant” means any person applying for an instruction permit or an operator’s license who must use a bioptic telescopic device in order to operate a motor vehicle;
  2. “Binocular vision” means visual acuity that is 20/200 or better in both eyes, with or without corrective lenses;
  3. “Bioptic telescopic device” means a two (2) focus optical system used to magnify distant objects by including a small telescope that is mounted in a spectacle lens in a manner to allow an unobstructed view of the horizontal visual field through a person’s normal distance corrective lens;
  4. “Certified driver training program” means a program that provides and coordinates comprehensive assessment and training of driving skills and responses that emphasizes the vision, hearing, psychological, perceptual, orientation, and mobility skills of an applicant and that is certified by the department;
  5. “Combined visual acuity” means visual acuity attained by using both eyes together where a person has binocular vision;
  6. “Corrective lenses” means eyeglasses, contact lenses, and intraocular lenses, but does not mean a bioptic telescopic device;
  7. “Daytime driving restriction” means operation of a motor vehicle is restricted to the period of time from between thirty (30) minutes after sunrise and thirty (30) minutes before sunset. Under this restriction, driving during adverse weather conditions that significantly reduce the visibility of the roadway, other traffic, and traffic control devices shall be prohibited;
  8. “Office” means the Office of Vocational Rehabilitation;
  9. “Monocular vision” means visual acuity that is 20/200 or better in only one (1) eye, with or without corrective lenses;
  10. “Restricted out-of-state driver” means a person who has been issued, by another state, a valid operator’s license with a restriction requiring the use of a bioptic telescopic device;
  11. “Vision specialist” means a licensed ophthalmologist or optometrist;
  12. “Visual acuity” means the measure of a person’s visual acuity based on the Snellen visual acuity scale; and
  13. “Visual field” means the area of physical space visible to the eye in a given fixed position.

History. Enact. Acts 2000, ch. 396, § 1, effective January 1, 2001; 2006, ch. 211, § 116, effective April 21, 2006; 2019 ch. 146, § 52, effective June 27, 2019.

186.577. Testing applicants for initial operator’s license or initial instruction permit — Restrictions or driving privileges based on visual acuity test — Certain drivers restricted to use of bioptic telescopic devices. [Effective until July 1, 2024]

  1. All persons applying for an initial operator’s license or an initial instruction permit shall submit to a test of visual acuity and visual field at the time of application.
  2. Persons whose visual acuity is 20/40 or better without corrective lenses shall not have a restriction placed on their driving privileges. Persons whose visual acuity is 20/40 or better with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses. If a person fails to meet a 20/40 visual acuity standard, the Department of Kentucky State Police shall refer the person to a vision specialist for examination.
  3. A person referred to a vision specialist by the Department of Kentucky State Police under subsection (2) of this section whose visual acuity is 20/60 or better shall be eligible to test for an instruction permit or operator’s license. If corrective lenses were prescribed by the vision specialist, the person’s driving privileges shall be restricted to mandate the use of the corrective lenses.
  4. Persons who meet the requirements of KRS 186.578 and are issued operator’s licenses under KRS 186.579 shall have their driving privileges restricted to the use of a bioptic telescopic device.

History. Enact. Acts 2000, ch. 396, § 2, effective January 1, 2001; 2007, ch. 85, § 198, effective June 26, 2007.

186.577. Testing applicants for initial operator’s license or initial instruction permit — Restrictions or driving privileges based on visual acuity test — Testing not required for license renewal — Certain drivers restricted to use of bioptic telescopic devices — Administrative regulations — Fees to cover costs of testing — Deposit of fees in photo license account. [Effective July 1, 2024]

    1. The following persons shall submit to a test of visual acuity and visual field at the time of application or renewal: (1) (a) The following persons shall submit to a test of visual acuity and visual field at the time of application or renewal:
      1. All persons applying for an initial or renewal operator’s license;
      2. All persons applying for an initial or renewal instruction permit; and
      3. Any person required to complete an examination under KRS 186.635 .
  1. Vision testing under this section shall be administered to any person:
    1. Applying for an initial operator’s license, an initial instruction permit, or reinstatement of a license when vision must be tested as required in KRS 186.480 :
      1. Prior to the time of application under subsection (5) of this section; or
      2. By Kentucky State Police at the time of application;
    2. Applying for operator’s license renewal or instruction permit renewal:
      1. Prior to the time of application under subsection (5) of this section; or
      2. By the Transportation Cabinet at the time of application; or
    3. Identified in Kentucky administrative regulations promulgated by the Transportation Cabinet or the Kentucky State Police as being required to undergo the exam required by KRS 186.480 .
    1. Persons whose visual acuity is 20/40 or better and who meet or exceed the visual field standard established by the Transportation Cabinet without corrective lenses shall not have a restriction placed on their driving privileges. (3) (a) Persons whose visual acuity is 20/40 or better and who meet or exceed the visual field standard established by the Transportation Cabinet without corrective lenses shall not have a restriction placed on their driving privileges.
    2. Persons whose visual acuity is 20/40 or better and who meet or exceed the visual field standard established by the Transportation Cabinet with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses.
    3. If a person fails to meet a 20/40 visual acuity standard or the visual field standard established by the cabinet, the person shall be referred to a vision specialist for examination.
  2. A person referred to a vision specialist under subsection (3) of this section whose visual acuity is 20/60 or better and who meets or exceeds the visual field standard established by the cabinet shall be eligible to test for an instruction permit or operator’s license, or shall be eligible for operator’s license renewal. If corrective lenses were prescribed by the vision specialist, the person’s driving privileges shall be restricted to mandate the use of the corrective lenses.
  3. Vision tests administered under subsection (2)(a) of this section shall be deemed to meet the testing provisions outlined in subsection (3) or (4) of this section, if the person submits a driver vision testing form that complies with the provisions of subsection (6) of this section and the form has been completed by:
    1. A vision specialist; or
    2. An osteopath, physician, or advanced practice registered nurse who is credentialed by the cabinet to perform vision testing under this section.
  4. All driver vision testing forms completed under subsection (5) of this section shall:
    1. Attest that the applicant meets or exceeds the visual acuity standard and visual field standard established by the cabinet;
    2. Only be valid if the vision specialist or the credentialed osteopath, credentialed physician, or credentialed advanced practice registered nurse signed and completed the vision testing form less than twelve (12) months prior to the date of application or renewal;
    3. State whether the driving privileges of the applicant shall be restricted to mandate the use of corrective lenses; and
    4. Clearly indicate that the vision testing under this section is a screening for minimum vision standards established in this section and is not a complete eye examination.
  5. Any person seeking application or permit under subsection (1) of this section shall attest that he or she has submitted to and passed the visual acuity and visual field tests required under this section.
  6. Any person renewing an operator’s license under KRS 186.416 shall be exempt from the vision testing requirements outlined in this section.
  7. Persons who meet the requirements of KRS 186.578 and are issued operator’s licenses under KRS 186.579 shall:
    1. Have their driving privileges restricted to the use of a bioptic telescopic device; and
    2. Be exempt from this section.
  8. The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section, including but not limited to establishing visual field standards, the creation of a driver vision testing form, and establishing a credentialing process for osteopaths, physicians, and advanced practice registered nurses to conduct vision testing under this section.
  9. The Transportation Cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to:
    1. Implement a system for electronic transmission of driver vision testing forms and accompanying documentation; and
    2. Assess a fee to an applicant to cover the administrative costs of performing on-site vision testing. Any funds received from this fee shall be deposited into the photo license account established in KRS 174.056 .

HISTORY: Enact. Acts 2000, ch. 396, § 2, effective January 1, 2001; 2007, ch. 85, § 198, effective June 26, 2007; 2021 ch. 126, § 1, effective July 1, 2024.

186.578. Visual acuity requirements for certified driver training program — Testing of knowledge of motor vehicle laws — Out-of-state drivers establishing residence in Kentucky — Restriction on taking of operator’s license examination after three failings — Consequence of failure to pass examination.

  1. Applicants accepted to participate in a certified driver training program shall meet the following minimum vision requirements:
    1. A distance visual acuity of 20/200 or better, with corrective lenses, in the applicant’s better eye;
    2. A visual field of at least one hundred twenty (120) degrees horizontally and eighty (80) degrees vertically in the same eye as used in paragraph (a) of this subsection;
    3. A distance visual acuity of 20/60 or better using a bioptic telescopic device; and
    4. No ocular diagnosis or prognosis that indicates a likelihood that significant deterioration of visual acuity or visual field to levels below the minimum standards outlined in this subsection will occur.
  2. Upon acceptance into a certified driver training program, an applicant shall be given an examination to test his or her knowledge of the motor vehicle laws of the Commonwealth. This examination may be taken orally. Upon successful completion of this examination, the applicant shall be issued a temporary instruction permit, that shall be valid only when the applicant is accompanied by an employee of a certified driver training program. Temporary instruction permits issued under this section shall be valid for one (1) year from the date of issue.
  3. An applicant who successfully completes a certified driver training program shall be reexamined by a vision specialist upon completion of the program. The examination shall certify that the applicant continues to meet the visual acuity and visual field standards set forth in subsection (1) of this section.
  4. An applicant who successfully completes a certified driving training program and passes the visual reexamination required by subsection (3) of this section shall be eligible to take a comprehensive operator’s license examination administered by the Department of Kentucky State Police. The operator’s license examination shall include testing of the applicant’s driving skills over a route specifically designed to test the applicant’s competency using a bioptic telescopic device.
  5. An applicant who is a restricted out-of-state driver establishing residence in Kentucky shall be required to take and pass a temporary instruction permit examination before being eligible to take the operator’s license examination. An applicant who is a restricted out-of-state driver establishing residence in Kentucky shall not be required to complete a certified driver training program but shall be required to take and pass the visual examination outlined in subsection (3) of this section before taking the operator’s license examination.
  6. If an applicant or restricted out-of-state driver fails the operator’s license examination three (3) times, he or she shall not be eligible to retake the examination until successfully completing additional training from a certified driver training program and obtaining an affidavit from the program director or bioptic driving instructor recommending that the applicant or restricted out-of-state driver be allowed to retake the examination.
  7. The Office of Vocational Rehabilitation in the Education and Workforce Development Cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to set standards for a certified driver training program and to otherwise carry out the provisions of this section.

History. Enact. Acts 2000, ch. 396, § 3, effective January 1, 2001; 2006, ch. 211, § 117, effective July 12, 2006; 2007, ch. 85, § 199, effective June 26, 2007; 2014, ch. 51, § 1, effective July 15, 2014; 2019 ch. 146, § 53, effective June 27, 2019.

186.579. Restricted operator’s license requiring daytime driving, use of bioptic telescopic device, and vehicle with left and right outside mirrors — Removal of restrictions — Renewal.

  1. The Transportation Cabinet shall issue, to an applicant who successfully passes the operator’s license examination outlined in KRS 186.578(4), an operator’s license with the following restrictions:
    1. Required use of a bioptic telescopic device;
    2. Restricted to daytime driving upon the recommendation of a vision specialist; and
    3. Restricted to vehicles with left and right outside mirrors.
  2. A restriction to daytime driving in accordance with subsection (1) of this section shall be removed if the licensed driver:
    1. Obtains a recommendation from a vision specialist;
    2. Successfully completes additional evaluation and training specifically designed for night driving from a certified driver training program; and
    3. Passes a comprehensive night driving examination.
  3. An operator’s license issued under KRS 186.578 and 186.579 shall be effective for one (1) year and shall expire on the last day of the birth month of the license holder. The license holder shall undergo a comprehensive visual examination by a vision specialist before a license can be renewed. If the vision specialist certifies that the conditions causing the visual impairment are stable, then the cabinet shall issue a renewal license. If the conditions causing the visual impairment are unstable or deteriorating, the license holder may be required to undergo additional testing as required by the department before a renewal license may be issued.

History. Enact. Acts 2000, ch. 396, § 4, effective January 1, 2001; 2014, ch. 51, § 2, effective July 15, 2014; 2017 ch. 100, § 28, effective January 1, 2019; 2020 ch. 51, § 24, effective March 27, 2020.

186.580. Appeals.

If any person is aggrieved by any final order of the cabinet relating to the denial, revocation, suspension, or cancellation of an operator’s license or motorcycle operator’s license other than orders of revocation or suspension when the facts render revocation or suspension mandatory, he may file a petition for judicial review in the Circuit Court of the county in which he resides, or in the Franklin Circuit Court in accordance with KRS Chapter 13B.

History. 2739m-44, 2739m-70: amend. Acts 1968, ch. 63, § 7; 1970, ch. 22, § 9; 1970, ch. 74, § 1; 1996, ch. 318, § 73, effective July 15, 1996; 2020 ch. 51, § 25, effective March 27, 2020.

NOTES TO DECISIONS

1.Construction.

The statutory scheme contemplates that the aggrieved party will first apply to the Department (now Cabinet) to obtain relief from its order and if this is unavailing or the Department (now Cabinet) fails to act within 15 days, he then has 15 more days within which to petition the quarterly court for relief. Commonwealth, Dep't of Public Safety v. McCuiston, 431 S.W.2d 724, 1968 Ky. LEXIS 375 ( Ky. 1968 ) (decision prior to 1970 amendment).

When an aggrieved party is in literal compliance with the statute and the administrative agency is afforded reasonable notice and opportunity to be heard, judicial review of the administrative order is proper. Commonwealth, Dep't of Public Safety v. Bell, 453 S.W.2d 749, 1970 Ky. LEXIS 340 ( Ky. 1970 ).

2.Suspension of License.

Since the suspension of an operator’s license is not part of the penalty for speeding and the suspension proceeding is separate from the criminal processes culminating in a conviction, the action of the Department (now Cabinet) in suspending the license after the time to appeal from the police court’s conviction had expired was not arbitrary nor unreasonable nor a violation of due process. Commonwealth Dep't of Public Safety v. Palmisano, 444 S.W.2d 128, 1969 Ky. LEXIS 203 ( Ky. 1969 ).

District Court was a court of limited jurisdiction and was allowed to exercise original jurisdiction only as provided by the General Assembly; a District Court was without jurisdiction to review the denial of a driver’s license, or to order the Secretary of the Transportation Cabinet to issue or reinstate an administratively revoked license, and the Circuit Court’s order affirming the District Court’s order directing reinstatement of a driver’s license was reversed. Commonwealth Transp. Cabinet v. Mohney, 107 S.W.3d 907, 2003 Ky. App. LEXIS 140 (Ky. Ct. App. 2003).

3.Grievance.
4.— Civil Proceeding.

The grievance proceeding to rescind a suspension is civil in nature. Commonwealth Dep't of Public Safety v. Palmisano, 444 S.W.2d 128, 1969 Ky. LEXIS 203 ( Ky. 1969 ).

5.— Time for Presenting.

The aggrieved party is not limited with respect to the time when he may present his grievance to the Department (now Cabinet), and the 30-day appeal time would begin to run from the date he mails, or if he does not use the mail, when he files his grievance with the Department (now Cabinet). Commonwealth, Dep't of Public Safety v. McCuiston, 431 S.W.2d 724, 1968 Ky. LEXIS 375 ( Ky. 1968 ).

6.— Stating Grounds.

Advising the Department of Public Safety (now Transportation Cabinet) of the grievance and stating the grounds for it is a condition precedent to petitioning the quarterly court for relief. Commonwealth, Dep't of Public Safety v. McCuiston, 431 S.W.2d 724, 1968 Ky. LEXIS 375 ( Ky. 1968 ) (decision prior to 1970 amendment).

A proper notification to the Department (now Cabinet) of a grievance should conform to what the statute requires. Commonwealth, Dep't of Public Safety v. McCuiston, 431 S.W.2d 724, 1968 Ky. LEXIS 375 ( Ky. 1968 ).

7.Circuit Court.
8.— Time for Filing Action.

The 30 day appeal time begins to run when the Department (now Cabinet) is notified of the grievance. Commonwealth, Dep't of Public Safety v. McCuiston, 431 S.W.2d 724, 1968 Ky. LEXIS 375 ( Ky. 1968 ).

The prohibition against proceeding in less than 15 days is to give the Department of Public Safety (now Transportation Cabinet) time within which to pass upon the grievance. Commonwealth, Dep't of Public Safety v. McCuiston, 431 S.W.2d 724, 1968 Ky. LEXIS 375 ( Ky. 1968 ).

Retroactive effect would not be given to a decision changing the time computation for review so that it commences from the date the Department (now Cabinet) acts or must act on the grievance notice filed by the license holder. Commonwealth, Dep't of Public Safety v. Bell, 453 S.W.2d 749, 1970 Ky. LEXIS 340 ( Ky. 1970 ).

9.— Proceedings.

Where on testimony heard, the trial court accepted the proof offered by the defendant-appellee, and in substance found that the appellee was not exceeding the speed limit by 26 miles per hour and the evidence sustained the decision, the findings were not clearly erroneous. Commonwealth Dep't of Public Safety v. Palmisano, 444 S.W.2d 128, 1969 Ky. LEXIS 203 ( Ky. 1969 ).

10.Limited to Discretionary Suspension.

Under this section the quarterly court’s jurisdiction is limited to cases of discretionary suspensions of licenses. Commonwealth ex rel. Allphin v. Stumbo, 258 S.W.2d 910, 1953 Ky. LEXIS 892 ( Ky. 1953 ) (decision prior to 1970 amendment).

11.Nonappearance of Department.

Where the driver who was suspended filed a petition in quarterly court, a date for hearing was set, and the Department (now Cabinet) notified, the driver had complied with the procedure even though the Department (now Cabinet) chose not to appear. Commonwealth, Dep't of Public Safety v. Bell, 453 S.W.2d 749, 1970 Ky. LEXIS 340 ( Ky. 1970 ) (decision prior to 1970 amendment).

12.Stay of Ruling.

Administrative action suspending or revoking motorist’s operator’s license should be attended by a hearing with all due process, and judicial review of such action would be based on whether the action was arbitrary on the basis of the record. In case where license was suspended for six months without hearing, Circuit Court judgment suspending it for 45 days could not be questioned by the Department of Public Safety (now Transportation Cabinet), as its decision was given more validity than it deserved. Commonwealth, Dep't Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

13.Jurisdiction.

When defendant was convicted of driving while under the influence of alcohol, fourth offense, and had his driving privileges permanently revoked pursuant to Fla. Stat. ch. 322.28(2)(e), he was not entitled to a Kentucky driver’s license. A new or renewal license was not authorized under Kentucky law because of defendant’s convictions in Florida; KRS 186.580(2) vested jurisdiction in the Circuit Court. Commonwealth Transp. Cabinet v. Mohney, 107 S.W.3d 907, 2003 Ky. App. LEXIS 140 (Ky. Ct. App. 2003).

Cited:

Sturgill v. Beard, 303 S.W.2d 908, 1957 Ky. LEXIS 275 ( Ky. 1957 ), overruled, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ), overruled in part, Commonwealth, Dep’t Public Safety v. Thomas, 467 S.W.2d 335, 1971 Ky. LEXIS 364 ( Ky. 1971 ).

186.590. Minor’s negligence imputed to person signing application or allowing him or her to drive.

  1. Any negligence of a minor under the age of eighteen (18) who has been licensed upon an application signed as provided by KRS 186.470 , when driving any motor vehicle upon a highway, shall be imputed to the person who signed the application, if required, of the minor for the license. That person shall be jointly and severally liable with the minor for any damages caused by the negligence.
  2. If a minor deposits or there is deposited in his or her behalf, a proof of financial responsibility in form and amounts required by KRS 304.39-110 , the person who signed the application shall not, while such proof is maintained, be subject to the liability imposed by subsection (1). If the minor is the owner of a motor vehicle, the proof of financial responsibility shall be with respect to the operation of that motor vehicle; if not an owner, then with respect to the operation of any motor vehicle.
  3. Every motor vehicle owner who causes or knowingly permits a minor under the age of eighteen (18) to drive the vehicle upon a highway, and any person who gives or furnishes a motor vehicle to the minor shall be jointly and severally liable with the minor for damage caused by the negligence of the minor in driving the vehicle.

HISTORY: 2739m-41, 2739m-53, 2739m-54; 2017 ch. 11, § 3.

NOTES TO DECISIONS

1.Purpose.

The General Assembly was not attempting to give defendants an additional defense to an action for negligence brought against them, but intended to provide only an additional source for the recovery of damages when the minor driver was held responsible for them. Sizemore v. Bailey's Adm'r, 293 S.W.2d 165, 1956 Ky. LEXIS 55 ( Ky. 1956 ).

2.Application.

One who sells an automobile to a minor under 18 years of age is not liable for his negligence. If “owner” was construed to include “seller” this statute would be unconstitutional. Ingram's Adm'r v. Advance Motor Co., 283 Ky. 87 , 140 S.W.2d 840, 1940 Ky. LEXIS 300 ( Ky. 1940 ).

This statute applies to all persons placing minors in charge of motor vehicles, regardless of ownership, with the exception of one who sells a motor vehicle to a minor. Peters v. Frey, 429 S.W.2d 847, 1968 Ky. LEXIS 758 ( Ky. 1968 ).

3.Statute of Limitation.

An action against the parent of a minor, under this section, for personal injuries arising from negligent operation of an automobile by the minor, is an action for personal injuries governed by the one-year period of limitation fixed by KRS 413.140(1)(a), and not an action upon a liability created by statute for which a five-year period of limitation is fixed by KRS 413.120(2). The fact that a judgment has been obtained against the minor, and that the judgment may be conclusive against the parent on the questions of negligence and damages, makes no difference. Robinson v. Hardaway, 293 Ky. 627 , 169 S.W.2d 823, 1943 Ky. LEXIS 675 ( Ky. 1943 ).

4.Liability.

When father signed the son’s application for a driver’s license, pursuant to subsection (1) of this section, he became liable for the son’s negligent acts. Wolford v. Wolford, 662 S.W.2d 835, 1984 Ky. LEXIS 203 ( Ky. 1984 ).

5.— Of Father.

Father was responsible for injury caused by negligent driving of 13-year-old son operating car in violation of law prohibiting any person under 14 years old from driving on highway at any time or under any conditions. Stevens v. Potter, 209 Ky. 705 , 273 S.W. 470, 1925 Ky. LEXIS 584 ( Ky. 1925 ) (decided under prior law).

6.— Owner.

Where the owner permitted a minor to operate his automobile and the minor became involved in an accident, the owner’s furnishing of proof of financial responsibility did not relieve him of his imputed liability. Benton v. Parks' Adm'r, 272 S.W.2d 466, 1954 Ky. LEXIS 1108 ( Ky. 1954 ).

Liability could not be imputed under this section to holder of paper title at time of accident as he was not, as a matter of law, owner of the car despite the fact the paper title was still in his name where he had sold the car some weeks before the accident and had merely held paper title until the balance of purchase price was paid. Campbell v. State Farm Ins. Co., 346 S.W.2d 775, 1961 Ky. LEXIS 338 ( Ky. 1961 ).

Where truck owners gave a nephew permission to borrow their truck and without their knowledge he permitted another nephew of the truck owners who was an unlicensed minor to drive the truck on the highway, the truck owners were not liable under this section for damages caused by negligent operation of the truck by the unlicensed minor nephew although in the past they had allowed him to drive the truck on their farm. Meadows v. Bailey, 350 S.W.2d 630, 1961 Ky. LEXIS 120 ( Ky. 1961 ).

Owner who allowed licensed minor under 18 years of age to drive her car with her knowledge and consent became jointly and severally liable with him because of this section for injuries to passenger in the car. Asher v. Russell, 377 S.W.2d 803, 1964 Ky. LEXIS 501 ( Ky. 1964 ).

No liability attaches to owner of automobile unless it is first established that vehicle was operated with her permission. Commonwealth Fire & Casualty Ins. Co. v. Manis, 549 S.W.2d 303, 1977 Ky. App. LEXIS 657 (Ky. Ct. App. 1977).

Insurance company is bound by determination in trial on issue of whether automobile was operated with owner’s permission where it participated in the trial. Commonwealth Fire & Casualty Ins. Co. v. Manis, 549 S.W.2d 303, 1977 Ky. App. LEXIS 657 (Ky. Ct. App. 1977).

Minor’s father could not be held liable for minor’s negligence on grounds of furnishing car to minor where trial court found that despite the fact that paper title to the car was in the father’s name, the mother was the actual owner of the car as the result of a divorce decree. Beardon v. Derry, 645 S.W.2d 356, 1983 Ky. App. LEXIS 276 (Ky. Ct. App. 1983).

7.— Permitting Minor to Drive on Highway.

Any person who gives or furnishes a motor vehicle (whether he be the owner or not) to a minor is jointly and severally liable with the minor for damages caused by the minor’s negligence in driving the vehicle and garageman who had 17-year-old employe deliver automobile to a customer was liable although garageman was not the owner of the vehicle. Falender v. Hankins, 296 Ky. 396 , 177 S.W.2d 382, 1944 Ky. LEXIS 553 ( Ky. 1944 ).

Subsection (3) not only provides that a motor vehicle owner who causes or knowingly permits a minor under the age of eighteen to drive a vehicle upon the highway, shall be jointly and severally liable with the minor for damage caused by the latter’s negligence in driving the vehicle; but, in addition thereto, renders any other person who gives or furnishes a motor vehicle (whether he be the owner or not) to the minor, jointly and severally liable with the minor for damages caused by the latter’s negligence in driving the vehicle. Falender v. Hankins, 296 Ky. 396 , 177 S.W.2d 382, 1944 Ky. LEXIS 553 ( Ky. 1944 ).

By making the person liable who enables a minor to operate a motor vehicle, an additional source for the recovery of damages is provided. Peters v. Frey, 429 S.W.2d 847, 1968 Ky. LEXIS 758 ( Ky. 1968 ).

Where the defendant was a corporate officer of a trucking company and in that capacity hired a minor as a truck driver, the defendant was not excused from responsibility by reason of his capacity as an officer or employe of the corporation or of nonownership of the vehicle. Peters v. Frey, 429 S.W.2d 847, 1968 Ky. LEXIS 758 ( Ky. 1968 ).

This section applies to all minors, emancipated and unemancipated, under the age of eighteen, and father’s liability arises under subsection (3), regardless of a claim of emancipation. State Auto. Ins. Co. v. Reynolds, 32 S.W.3d 508, 2000 Ky. App. LEXIS 9 (Ky. Ct. App. 2000).

8.— Basis.

Father who permitted thirteen-year-old son to use car was not liable for injury to son’s friend, whom son permitted to drive and who left brakes off when putting car into garage, allowing it to roll back upon him when he tried to stop it, violation of statute not being proximate cause of injury. Phillips v. Scott, 254 Ky. 340 , 71 S.W.2d 662, 1934 Ky. LEXIS 83 ( Ky. 1934 ) (decided under prior law).

Although, if car had been operated at time of accident by owner’s son under 16 years of age, liability would attach to owner, Court of Appeals need not decide whether liability would attach on that ground where son permitted friend over 18 years old to operate car, since liability attached pursuant to family purpose doctrine. Wells v. Lockhart, 258 Ky. 698 , 81 S.W.2d 5, 1935 Ky. LEXIS 224 ( Ky. 1935 ) (decided under prior law).

Where there was no evidence that father had knowledge of or had caused his 15-year-old son to use his delivery truck at the time of accident, the son’s negligence could not be imputed to the father under this section and the “family purpose” doctrine could not be invoked because the delivery truck was not used for the pleasure or convenience of the family and no other use of it was shown except the one night-time joy ride during which the accident occurred. Cook v. Hall, 308 Ky. 500 , 214 S.W.2d 1017, 1948 Ky. LEXIS 971 ( Ky. 1948 ).

Finding by jury that boy driving without a driver’s license was not negligent when he hit cows crossing the highway while he was driving school children home in his brother’s car at his mother’s request precluded recovery against his mother under this section since her liability was based upon the negligent driving of her son and not upon her negligence in allowing him to drive. Lewis v. Devasher, 267 S.W.2d 938, 1954 Ky. LEXIS 878 ( Ky. 1954 ).

When 17-year-old daughter lost control of car owned by her father and struck car parked in a no-parking zone any negligence on part of driver in parking in no-parking zone had no proximate causal connection with accident and daughter’s negligence was imputable to her father under this section. Lawhorn v. Holloway, 346 S.W.2d 302, 1961 Ky. LEXIS 302 ( Ky. 1961 ).

9.— — Insurance.

Where insurance policy made father an insured for any covered auto and agreed to payment for all sums the father was required to pay because of the injury or damage and where father was liable, under subsection (1) of this section, for damages because of bodily injury caused by the son’s negligence when operating a car when not insured, then since the son was not insured the father was liable because of the statute and was, therefore, covered by the policy. Wolford v. Wolford, 662 S.W.2d 835, 1984 Ky. LEXIS 203 ( Ky. 1984 ).

Father of defendant who pled guilty to reckless driving, later himself pled guilty to failure to maintain insurance required by KRS 304.39-080 (5) which requires owners of motor vehicles operated in Kentucky to maintain certain levels of liability insurance; KRS 304.99-060 provides criminal penalties for failure to maintain such required insurance; however, the combination of this section and KRS 304.39-080 (5), et seq., did not render parents of reckless son liable for the tort of their son; the injuries involved were not injuries “ . . . . . by the debtor (parents) . . . . . ” as required by 11 USCS § 523(a)(6) and while the conduct of the parents was at least arguably malicious in allowing the insurance to lapse, the willful requirement of 11 USCS § 523 (a)(6) had not been met and the defendant/parents were entitled to a summary judgment on that issue. Beyersdoerfer v. Bex, 143 B.R. 835, 1992 Bankr. LEXIS 1306 (E.D. Ky. 1992 ).

10.Proof of Responsibility.

This section does not mandate that the person signing the license application file proof of responsibility even though that act relieves him or her of liability. Bryan v. Bear, 560 S.W.2d 827, 1977 Ky. App. LEXIS 886 (Ky. Ct. App. 1977).

11.Liability of Signer Extinguished.

The liability imposed by subsection (1) of this section on persons signing minors’ license applications may be extinguished by compliance with subsection (2) of this section, and where the trial judge specifically determined that this requirement had been satisfied as it had been shown that minor was covered by insurance and had the ability to respond in damages, the trial court properly dismissed suit arising from minor’s negligent use of car as to minor’s father who had signed minor’s license application. Beardon v. Derry, 645 S.W.2d 356, 1983 Ky. App. LEXIS 276 (Ky. Ct. App. 1983).

Cited:

Finck v. Albers Super Markets, Inc., 136 F.2d 191, 1943 U.S. App. LEXIS 2994 (6th Cir. 1943); Johnston v. Hodges, 372 F. Supp. 1015, 1974 U.S. Dist. LEXIS 9341 (E.D. Ky. 1974 ); Estes v. Gibson, 257 S.W.2d 604, 1953 Ky. LEXIS 802 , 36 A.L.R.2d 729 ( Ky. 1953 ).

Opinions of Attorney General.

An operator’s license issued to a minor should be canceled where the parent required to sign for the minor rescinds his request or renounces his assumption of liability but where evidence of the minor’s financial responsibility remains in the file. OAG 65-840 .

A minor may own a motor vehicle, thus a county clerk can legally transfer the registration of a motor vehicle to a minor. OAG 66-784 .

Where a minor under the age of 18 applied for a motor vehicle operator’s license, and the minor’s father was deceased, his mother had been adjudged mentally incompetent, and he had no legally appointed guardian, the minor’s older brother, who was an adult, could sign the application for the minor as long as the adult brother was willing to assume the responsibilities imposed by this section. OAG 84-220 .

Research References and Practice Aids

Kentucky Law Journal.

Oberst, Recent Developments in Torts: Decisions of the Court of Appeals at the 1956-57 Terms, Proof of Negligence, 46 Ky. L.J. 193 (1958).

Kentucky Law Survey, Ausness, Torts, 64 Ky. L.J. 201 (1975-76).

Kentucky Law Survey, Clay, Insurance, 73 Ky. L.J. 423 (1984-85).

Northern Kentucky Law Review.

Tapp and Tincher, Of Innocents and Offenders: A Survey of Children’s Law in Kentucky, 30 N. Ky. L. Rev. 131 (2003).

Treatises

Caldwell’s Kentucky Form Book, 5th Ed., Complaint Asserting Vicarious Liability Pursuant to KRS 186.590(3), Form 135.16.

Caldwell’s Kentucky Form Book, 5th Ed., Answer Denying Vicarious Liability under KRS 186.590 , Alleging Use Not Permissive, Form 135.17.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context for Automobiles/No Fault/Uninsured Motorist, § 135.00.

Caldwell’s Kentucky Form Book, 5th Ed., Practice Context Parent and Child, § 256.00.

Kentucky Instructions To Juries (Civil), 5th Ed., Automobiles, § 16.56.

Petrilli, Kentucky Family Law, Minors, § 30.17.

186.600. Age limit for drivers of school buses and public passenger-carrying vehicles. [Repealed.]

Compiler’s Notes.

This section (2739m-38: amend. Acts 1944, ch. 60; 1948, ch. 208, § 9; 1950, ch. 176, § 4; 1960, ch. 123, § 1) was repealed by Acts 1990, ch. 455, § 39, effective July 13, 1990.

186.610. Prohibited uses of licenses — Fraud in application.

No person shall:

  1. Display or cause or permit to be displayed or have in his possession any operator’s license knowing it to be fictitious or to have been canceled, revoked, suspended or altered;
  2. Lend to, or knowingly permit the use of by, one not entitled to, any operator’s license issued to the person so lending or permitting the use of the license;
  3. Represent as one’s own any operator’s license not issued to the person displaying the license;
  4. Fail to surrender to the cabinet upon demand, any operator’s license which has been suspended, canceled or revoked;
  5. Use a false name or give a false address in any application for an operator’s license or any renewal or duplicate, or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any application.

History. 2739m-56.

Opinions of Attorney General.

A police officer who is presented with a driver’s license he or she determines to be suspended or revoked should seize such license, both as a statutorily prohibited item and as evidence in connection with violation of subdivision (1) of this section, and deal with it accordingly; furthermore, upon seizing a driver’s license, a police officer should not then permit the person whose license is seized to operate a vehicle upon the highway. OAG 87-3 .

Violation of subdivision (1) of this section is a misdemeanor for which a full custody arrest may be effected, or in the alternative, a citation may be issued, in accordance with subsection (1) of KRS 431.015 . OAG 87-3 .

186.620. Unlawful to drive or permit another to drive without license — Display of license on request of peace officer — Defense.

  1. No person shall authorize or knowingly permit a motor vehicle owned or controlled by him to be driven by any person who has no legal right to drive it or in violation of any of the provisions of KRS 186.400 to 186.640 .
  2. No person who has not applied for an operator’s license or whose operator’s license has been denied, canceled, suspended or revoked, or whose privilege to operate a motor vehicle has been withdrawn, shall operate any motor vehicle upon the highways while the license is denied, canceled, suspended, or revoked or his privilege to operate a motor vehicle is withdrawn, or the license has not been applied for.
  3. If the operator of a motor vehicle on a public highway is requested by a peace officer, authorized to arrest a person for a violation of subsection (2) of this section or KRS 189A.090 , to display his operator’s license and fails to display his operator’s license, that fact shall be admissible in court and shall be prima facie proof of violation of subsection (2) of this section or KRS 189A.090 .
  4. It shall be a defense to a charge under this section and KRS 189A.090 if the person charged presents to the court an operator’s license issued to him before the date of the charge and which was valid on the date of the charge.

History. 2739m-58, 2739m-59; 1991 (1st Ex. Sess.), ch. 15, § 21, effective July 1, 1991.

NOTES TO DECISIONS

Analysis

1.Contributory Negligence.

Where 14-year-old girl who was injured while a passenger in a borrowed automobile knew the 16-year-old driver was an unlicensed and inexperienced driver when she permitted her to drive the borrowed automobile, she was guilty of contributory negligence by reason of this section, thus barring her recovery of damages. Cambron v. Bartlett, 333 S.W.2d 764, 1960 Ky. LEXIS 206 ( Ky. 1960 ).

2.Driving While License Suspended.

Where vehicle was driven after suspension of operator’s license at a dangerous rate of speed for about six miles and across a county line, the offenses of reckless driving and driving without a license were continuous and could not be prosecuted as separate offenses in one of the counties, after conviction in the other. Huff v. Commonwealth, 406 S.W.2d 831, 1966 Ky. LEXIS 219 ( Ky. 1966 ).

3.Evidence.

Certified copy of Transportation Cabinet’s driving history satisfies authentication requirement of KRE Rule 902 as a self-authenticating official record in driving on suspended license prosecution. Commonwealth v. Duncan, 939 S.W.2d 336, 1997 Ky. LEXIS 30 ( Ky. 1997 ).

The use of certified copy of driver’s driving history from the Transportation Cabinet is sufficient evidence of suspension or revocation of operator’s license for the purpose of prosecution under KRS 186.620(2) and is consistent with KRS 186.018 . Commonwealth v. Duncan, 939 S.W.2d 336, 1997 Ky. LEXIS 30 ( Ky. 1997 ).

Cited:

Banks v. Department of Education, 462 S.W.2d 428, 1971 Ky. LEXIS 552 ( Ky. 1971 ); Sizemore v. District Court, 50th Judicial Dist., 735 F.2d 204, 1984 U.S. App. LEXIS 21937 (6th Cir. 1984); Toppass v. Commonwealth, 799 S.W.2d 587, 1990 Ky. App. LEXIS 133 (Ky. Ct. App. 1990).

Notes to Unpublished Decisions

Analysis

1.Applicability.

Unpublished decision: Seller of an automobile did not breach the duty set forth in Ky. Rev. Stat. Ann. § 186.620(1) where the jury determined that he had delivered the necessary title documents to the purchasers, the purchasers became the owners on the day that those documents were delivered, and since the seller was no longer an owner, he was under no duty to prevent either of the purchasers from driving the automobile on the date of the accident. Burchett v. Burchett, 2016 Ky. App. Unpub. LEXIS 894 (Ky. Ct. App. May 13, 2016), review denied, ordered not published, 2017 Ky. LEXIS 104 (Ky. Mar. 15, 2017).

2.Driving While License Suspended.

Unpublished decision: Where defendant dropped a baggie of crack cocaine in anticipation of a strip-search at a jail, suppression was not warranted, because, inter alia, the police did not need reasonable suspicion or probable cause of defendant’s commission of any other crime to take defendant into custody and search defendant incident to arrest since police could properly arrest defendant for driving on a suspended license. United States v. Warfield, 404 Fed. Appx. 994, 2011 FED App. 0002N, 2011 U.S. App. LEXIS 55 (6th Cir. Ky. 2011 ).

Opinions of Attorney General.

A minibike is a motor vehicle as the term is defined by KRS 186.010 and it is a violation of this section for the owner of such vehicle to authorize or knowingly permit the bike to be operated on the street by an unlicensed minor. OAG 70-416 .

A violation of this section is not a “moving violation” within KRS 208.020(1)(a) (now repealed) and the juvenile court would have exclusive jurisdiction of such persons between the ages of 16 and 18 years. OAG 73-705 .

This section would apply to the situation where a person authorized or knowingly permitted a motor vehicle owned or controlled by him to be driven by a person under 16 years of age. OAG 73-705 .

A person may be specifically charged as knowingly permitting an unlicensed driver to operate a motor vehicle owned or controlled by him, but if the unlicensed driver is under the age of sixteen years, the jurisdiction of the case remains exclusively in the county court. OAG 74-796 .

An adult who permits a juvenile to operate a motor vehicle without an operator’s license may be proceeded against directly under this section or under KRS 530.070 in juvenile court for having an unlawful transaction with a minor and it is not necessary that the juvenile has been proceeded against in juvenile court. OAG 75-563 .

If a juvenile owning or having charge of a motor vehicle allows another without an operator’s license to operate it the juvenile must be proceeded against in juvenile court since a violation of this section is not a moving motor vehicle violation under the exception in KRS 208.020 (now repealed). OAG 75-563 .

A person who operates a motor vehicle upon the highways of this state must have either a valid Kentucky operator’s license or a valid operator’s permit from another state; failure to possess either of the above mentioned operator’s licenses means that the person is in violation of subsection (2) of this section if he operates a motor vehicle upon the highways of this state. OAG 83-67 .

The offense of driving a motor vehicle upon the highways of this state by a person whose operator’s license has been denied, canceled, suspended or revoked, or whose privilege to operate a motor vehicle has been withdrawn, is a misdemeanor. OAG 83-67 .

If a nonresident who has no Kentucky driver’s license, has had his license suspended or revoked by the issuing state, he then has no right to drive a motor vehicle upon the highways of Kentucky. OAG 83-67 .

If a p