601 KAR | Title 601 KAR — Transportation Cabinet - Department of Vehicle Regulation

Chapter 1 Motor Carriers

601 KAR 1:005 Safety administrative regulation {#sec-601-kar-1-005 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:005}

Section 1. Definitions.

(1) "Daylight hours" means that period of time one-half (1/2) hour before sunrise through one-half (1/2) hour after sunset.

(2) "Farm-to-market agricultural transportation" means the operation of a motor vehicle that is controlled and operated by a farmer who, as a private motor carrier, is using a vehicle:

(a)

To transport agricultural products from his or her farm;
To transport farm machinery or farm supplies to his or her farm; or
Generally thought of as farm machinery; and

(b) That is not transporting hazardous materials of a type or quantity that requires the vehicle to be marked or placarded in accordance with this administrative regulation.

(3) "Hazardous material" is defined in 49 C.F.R. 390.5.

Section 2. Governing Federal Regulations. A commercial motor vehicle and its operator meeting the definitions established in 49 C.F.R. 390.5 operating for-hire or in private carriage, interstate, or intrastate, including commercial motor vehicles and its operators as established in Section 3 of this administrative regulation, shall be governed by the following Motor Carrier Safety Regulations and Transportation Security Administration Regulations adopted and issued by the United States Department of Transportation:

(1) 49 C.F.R. 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs;

(2) 49 C.F.R. 382, Controlled Substances and Alcohol Use and Testing;

(3) 49 C.F.R. 383, Commercial Driver's License Standards; Requirements and Penalties;

(4) 49 C.F.R. 384, State Compliance with Commercial Driver's License Program;

(5) 49 C.F.R. 385, Safety Fitness Procedures;

(6) 49 C.F.R. 390, General;

(7) 49 C.F.R. 391, Qualifications of Drivers;

(8) 49 C.F.R. 392, Driving of Commercial Motor Vehicles;

(9) 49 C.F.R. 393, Parts and Accessories Necessary for Safe Operation;

(10) 49 C.F.R. 395, Hours of Service of Drivers;

(11) 49 C.F.R. 396, Inspection, Repair and Maintenance;

(12) 49 C.F.R. 397, Transportation of Hazardous Materials; Driving and Parking Rules; and

(13) 49 C.F.R. 1572, Credentialing and Security Threat Assessments.

Section 3. The following hazardous materials transportation regulations adopted and issued by the United States Department of Transportation shall govern the transportation of hazardous materials within Kentucky if, as established in Section 2 of this administrative regulation, the commercial motor vehicle and its operator meet the definitions established in 49 C.F.R. 390.5 operating for-hire or in private carriage, interstate, or intrastate, and transportation of hazardous material is by air or highway:

(1) 49 C.F.R. Part 107. Hazardous Material Program Procedures;

(2) 49 C.F.R. Part 130. Oil Spill Prevention and Response Plans;

(3) 49 C.F.R. Part 171. General information, Regulations, and Definitions;

(4) 49 C.F.R. Part 172. Hazardous Materials Table, Special Provisions, Hazardous Materials communications, Emergency Response information, Training Requirements, and Security Plans;

(5) 49 C.F.R. Part 173. Shippers-general requirements for Shipments and Packagings;

(6) 49 C.F.R. Part 175. Carriage by Aircraft;

(7) 49 C.F.R. Part 177. Carriage by Public Highway;

(8) 49 C.F.R. Part 178. Specifications for Packagings; and

(9) 49 C.F.R. Part 180, Continuing Qualification and Maintenance of Packagings.

Section 4. Exemptions and Exceptions. The exemptions and exceptions to compliance with the provisions of Section 2 of this administrative regulation shall be as established in this section.

(1)

(a) A motor vehicle operated by the federal government, a state government, a county government, a city government, or a board of education shall not be required to comply with the federal regulations adopted in this administrative regulation, except as required by paragraphs (b) and (c) of this subsection.

(b) An operator of one (1) of these vehicles who is required by KRS Chapter 281A to obtain a commercial driver's license shall provide proof of having:

Passed the medical examination established in 49 C.F.R. 391; or
Received a medical waiver as established in 601 KAR 11:040 and subsection (3) of this section for intrastate operators or as established in 49 C.F.R. 381 for interstate operators.

(c) The operator of a vehicle established in paragraph (a) of this subsection shall meet the requirements of 49 C.F.R. 382 relating to drug and alcohol testing.

(2) Except for a transporter of hazardous materials subject to the requirements of 601 KAR 1:025, a motor vehicle operator who is operating a vehicle in intrastate commerce shall not be required to be twenty-one (21) years of age as established in 49 C.F.R. 391.11(b)(1), but shall be at least eighteen (18) years of age.

(3) Medical waivers for intrastate drivers.

(a) A commercial vehicle driver who operates a commercial vehicle exclusively in intrastate commerce within Kentucky may apply for a medical waiver of the requirements of 49 C.F.R. 391 under the provisions of 601 KAR 11:040.

(b) If a medical waiver is issued, the waiver shall be in the possession of the commercial driver any time the driver is operating a commercial motor vehicle.

(4) Except for a farm-to-market agricultural transportation motor vehicle with a gross vehicle weight rating of 26,000 pounds or less, a motor carrier that operates exclusively in intrastate commerce shall:

(a) Apply for an intrastate USDOT number using the Application for USDOT Number, Form MCS-150, by visiting the Federal Motor Carrier Safety Administration at www.fmcsa.dot.gov; and

(b) Display the assigned intrastate motor carrier identification number and the name of the motor carrier in the same manner as required pursuant to 49 C.F.R. 390.21, except the identification number shall be preceded by the letters "USDOT" and followed by the letters "KY."

(5) Exception to 49 C.F.R. 391.68(c). A Kentucky licensed commercial driver operating a passenger transportation vehicle on behalf of a private motor carrier of passengers shall not be exempt from the sections of 49 C.F.R. 391.41 and 391.45 requiring a driver to be medically examined and to have a medical examiner's certificate on his or her person.

Section 5. Out-of-service Criteria.

(1) The basic safety criteria to be followed by the Kentucky State Police or other individual certified through KSP to complete commercial vehicle inspections in determining if a commercial motor vehicle driver is declared unqualified or if a commercial motor vehicle is placed out-of-service shall be the North American Uniform Out-of-service Criteria issued by the Commercial Vehicle Safety Alliance.

(2)

(a) If a commercial motor vehicle is being operated in interstate or intrastate commerce with improper or invalid registration, without registration, in violation of any safety regulation or requirement, or with a current federal Out-Of-Service Order issued by the Federal Motor Carrier Safety Administration, a North American Standard (NAS) certified inspector authorized by the Kentucky State Police may place the vehicle out-of-service until the defect or condition is corrected.

(b) Refusal of the vehicle operator to grant permission for a law enforcement officer or inspector to conduct a safety inspection of the vehicle shall be cause for the officer or inspector to hold the vehicle in place or move the vehicle to a safe location, as established by 49 C.F.R. 396.7, until the permission is granted.

(c) Operation of a vehicle in violation of the out-of-service notice affixed to it shall constitute a separate violation of this administrative regulation.

(3)

(a) If a commercial motor vehicle driver is unqualified to drive and is placed out-of-service but the commercial motor vehicle is not placed out-of-service, the motor carrier may provide a different driver for the commercial motor vehicle.

(b) The commercial motor vehicle driver placed out-of-service shall not again operate a commercial motor vehicle until once again qualified.

(c) Refusal of the commercial motor vehicle driver to grant permission for a law enforcement officer or inspector to conduct a safety inspection regarding the actual driver shall be cause for suspension of the certificate or permit of the motor carrier as established by KRS 281.755.

(d) Operating a commercial motor vehicle in violation of an out-of-service order shall constitute a separate violation of this administrative regulation.

Section 6. Persons Allowed to Perform Physical Examinations. A physical examination required pursuant to state or federal law shall be conducted by a "medical examiner" as defined by 49 C.F.R. 390.5.

Section 7. Random Alcohol Testing Rate. A commercial motor vehicle employer shall randomly test a percentage of the average number of driver positions employed by the employer. The applicable percentage shall be determined by the Federal Motor Carrier Safety Administration's Administrator annually established in 49 C.F.R. 382.305.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for USDOT Number," or "Form MCS-150," by the Federal Motor Carrier Safety Administration, revised November 14, 2019, available at www.fmcsa.dot.gov; and

(b) "North American Uniform Out-Of-Service Criteria" updated annually, effective April 1 of each year, by the Commercial Vehicle Safety Alliance.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 138.665, 174.400 - 174.425, 281.600, 281.730, 281.750, 281.880, Chapter 281A, 49 C.F.R. Parts 40, 107, 130, 171 - 173, 175, 177, 178, 180, 350, 381 - 385, 390-397, 1572
STATUTORY AUTHORITY: KRS 174.410(2), 281.600, 281.730, 281.750, 281.880 - 281.888, 49 C.F.R. 40, Parts 130, 171 - 173, 175, 177, 178, 180, 382 - 384, 385, 390 - 397, 1572
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.410(2) requires the Secretary of the Transportation Cabinet, in consultation with the Secretary of the Energy and Environment Cabinet and the Secretary of the Cabinet for Health and Family Services, to adopt the Federal Hazardous Materials Transportation Regulations, 49 C.F.R. (1978), in order to effectively carry out the intent of KRS 174.400 through 174.425 relating to the transportation of hazardous materials by air or highway. KRS 174.410(3) requires the Transportation Cabinet and the Justice and Public Safety Cabinet to cooperate with and assist the Energy and Environment Cabinet in the implementation and enforcement of the transportation provisions of any state hazardous waste regulations promulgated pursuant to KRS Chapter 224. KRS 281.600 authorizes the Transportation Cabinet to promulgate administrative regulations relating to safety requirements for motor vehicles and the method of operation, including adoption of any federal motor carrier safety regulations. This administrative regulation establishes requirements for motor carriers operating in Kentucky. This administrative regulation establishes requirements related to exemptions from medical examination for private motor carriers of passengers that are more stringent than the requirements in 49 C.F.R. 391.68(c), which allows these carriers to avoid medical examination. Kentucky does not allow these medical waivers.
History: DMT-19; 1 Ky.R. 1037; eff. 6-11-1975; 2 Ky.R. 501; eff. 6-12-1976; 13 Ky.R. 535; 895; 1071; eff. 11-11-1986; 14 Ky.R. 1094; eff. 1-4-1988; 15 Ky.R. 45; 816; eff. 10-4-1988; 1695; 2072; eff. 3-7-1989; 15 Ky.R. 2435; 16 Ky.R. 161; eff. 8-1-1989; 1242; 1595; eff. 3-8-1990; 2735; eff. 8-9-1990; 17 Ky.R. 2504; 2978; eff. 6-4-1991; 19 Ky.R. 225; 885; eff. 10-8-1992; 1411; eff. 1-21-1993; 20 Ky.R. 840; eff. 11-16-1993; 3307; 21 Ky.R. 343; eff. 7-13-1994; 3070; eff. 8-1-1995; 22 Ky.R. 1716; 2029; 2293; eff. 6-6-1996; 23 Ky.R. 2257; 2817; 2-10-1997; 24 Ky.R. 1932; 2392; eff. 6-15-1998; 25 Ky.R. 2190; 2565; eff. 5-4-1999; 29 Ky.R. 178; 707; eff. 9-16-2002; 30 Ky.R. 1831; 2024; 2143; eff. 3-3-2004; 31 Ky.R. 214; eff. 9-7-2004; 1016; 1240; eff. 1-21-2005; 32 Ky.R. 960; 1241; eff. 1-18-2006; Crt eff. 11-26-2019; 47 Ky.R. 2101; eff. 8-3-2021; Crt eff. 8-27-2026.

601 KAR 1:018 Special overweight or overdimensional motor vehicle load permits {#sec-601-kar-1-018 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:018}

Section 1. Definitions.

(1) "Axle spacing" means the measurable distance between the axle centers of the axle unit.

(2) "Boat" means a vehicle used for movement on the water and includes the trailer on which it is placed for transporting the vehicle on the highway.

(3) "Designated National Truck Network" means routes approved for use by increased dimension as established in KRS 189.222.

(4) "Height pole" means a vertical clearance measuring device.

(5) "International bill of lading" means a receipt or ticket for property tendered for transportation by a common motor carrier or private carrier in foreign commerce including:

(a) Consignor;

(b) Consignee;

(d) Number of packages;

(e) Description of freight or goods; and

(f) Date.

(6) "Manufactured home" is defined by KRS 227.550(7).

(7) "Nondivisible" means a load, cargo unit, or vehicle that if separated into smaller loads or vehicles would:

(a) Compromise the intended use of the vehicle, making it unable to perform the function for which it was intended;

(b) Destroy the value of the load or vehicle, making it unusable for its intended purpose; or

(8) "Overdimensional" means the motor vehicle exceeds the dimension limits established in 603 KAR 5:070.

(9) "Overweight" means the motor vehicle exceeds:

(a) The gross weight limit established in 603 KAR 5:066;

(b) The axle weight limit established in 603 KAR 5:066;

(d) The bridge weight limit established by 603 KAR 5:066; or

(e) The gross weight limit posted at a bridge or other structure.

(10) "Permit fee" means the fee established in KRS 189.270, 189.2715, or 189.2717 for the issuance of an overweight or overdimensional trip or annual permit, to cover the cost of processing the permit application, including:

(a) A qualification check of the applicant;

(b) A statutory compliance check; and

(11) "Pole trailer" means a motor vehicle without motive power that is:

(a) Designed to be drawn by a motor vehicle and attached to the towing motor vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing motor vehicle; and

(b) Used for transporting long or irregularly shaped loads such as poles, pipes, or structural members that generally are capable of sustaining themselves as beams between the supporting connections.

(12) "Sealed, containerized, ocean-going cargo unit" means a nondivisible unit of cargo that is part of international trade due to importation from, or exportation to, another country.

(13) "Self-propelled specialized mobile equipment" means every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways.

(14) "Steering axle" means the axle or axles of a vehicle or combination of vehicles by which the vehicle or vehicles are guided or steered.

(15) "Tandem" means any two (2) axles with centers forty two (42) inches or more apart but less than ninety six (96) inches apart.

(16) "Tridem" means any three (3) consecutive axles with centers forty two (42) inches or more apart and less than 120 inches apart.

(17) "Trunnion axle" means an axle configuration with two (2) individual axles mounted in the same transverse plane with four (4) tires on each axle connected at a pivot point that allows each individual axle to oscillate in a vertical plane to provide constant and equal weight distribution on each individual axle.

Section 2. Overweight or Overdimensional Permit Application.

(1) An application for a Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-10, and an Application for Annual Overweight or Overdimensional Permit, TC Form 95-25, shall be submitted to the Division of Motor Carriers by:

(a) Hand delivery;

(b) Mail;

(d) The online motor carrier permitting system at http://drive.ky.gov/motor-carriers/Pages/Purchase-Overweight-Over-Dimensional-Permits.aspx.

(2) An applicant for an overweight or overdimensional single trip permit shall submit a completed Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-10 to the Division of Motor Carriers.

(3) An overweight or overdimensional single trip permit shall be valid for one (1) move and a duration of ten (10) days.

(4) An overweight or overdimensional single trip permit application shall specify the following information regarding the towing vehicle:

(a) The year, make, and vehicle identification number;

(b) The license plate number and jurisdiction;

(d) The jurisdiction or state of the apportioned registration;

(e) The name, address, and telephone number of the operator or owner;

(f) A general description of the cargo;

(g) The effective date of travel;

(h) The serial number for a manufactured home;

(i) The specific routes of travel requested;

(j) The Kentucky Highway Use License (KYU License) or the DOT number; and

(k) The axle spacing and axle group configuration.

(5) An applicant for an overweight or overdimensional annual permit shall submit a completed Application for Annual Overweight or Overdimensional Permit, TC Form 95-25 to the Division of Motor Carriers.

(6) An overweight or overdimensional annual permit shall be valid for an unlimited number of moves for a duration of 365 days.

(7) An overweight or overdimensional annual permit application shall specify the following information regarding the towing vehicle:

(a) The year, make, and vehicle identification number;

(b) The license plate number, jurisdiction, and unit number;

(d) The jurisdiction or state of the apportioned registration;

(e) The name, address, and telephone number of the operator or the owner;

(f) A general description of the cargo;

(g) The effective date of travel;

(h) The Kentucky Highway Use License (KYU License) or the DOT number; and

(i) The axle spacing and axle group configuration.

Section 3. Permit Validity and Availability.

(1)

(a) A valid overweight or overdimensional annual or single trip permit issued by the Division of Motor Carriers shall be carried in the overweight or overdimensional vehicle during transit.

(b) The permit shall be presented upon request to law enforcement or authorized personnel of the Department of Vehicle Regulation.

(c) A modification by the permittee to the permit that is not authenticated by the Division of Motor Carriers shall render the permit invalid.

(2) A separate overweight or overdimensional permit shall be required for each vehicle involved in a movement.

(3) An overweight or overdimensional permit shall not be issued for a divisible load that if reasonably divided, dismantled, disassembled, or rearranged would no longer be overweight or overdimensional except as provided by KRS 189.2715, 189.2716, or 189.2717.

(4) A special overweight or overdimensional annual or trip permit to allow the movement of a motor vehicle with a gross weight or gross dimension in excess of the weights and dimensions established in KRS 189.270, 189.271, 189.2715, and 189.2717 may be issued by the Division of Motor Carriers if the movement is necessary to provide transportation for specified cargo that is in the interest of the health, welfare, or economy of the Commonwealth.

Section 4. Changes to Overweight or Overdimensional Permits.

(1) A duplicate overweight or overdimensional permit that is needed to replace a lost, stolen, or destroyed annual permit or to transfer or amend the permit to another towing vehicle shall be obtained from the Division of Motor Carriers by a payment of ten (10) dollars.

(2) One (1) transfer to another towing vehicle or one (1) amendment of vehicle information shall be allowed for each overweight or overdimensional annual permit during the permit's effective year.

(3) The original overweight or overdimensional permit shall be returned to the Division of Motor Carriers prior to the transfer of an annual permit.

Section 5. Travel Restrictions.

(1) In accordance with 23 C.F.R. 658.17, the Division of Motor Carriers may deny an overweight or overdimensional permit application if:

(a) The route includes a portion of the interstate highway system; and

(b) The load is divisible.

(2) The cabinet shall deny or restrict an overweight or overdimensional permit for the use of a route that may cause damage to property or is detrimental to public safety or convenience. The following shall be considered in making a determination on the application:

(a) The strength of bridges and structures on the route;

(b) Traffic congestion on the route;

(d) The availability of alternate routes that afford greater safety;

(e) Urban development in residential and commercial areas on the route; and

(f) The proximity of schools to the route.

(3) Overdimensional restrictions shall not prohibit a utility company from working in an emergency situation to restore utility service to an area otherwise experiencing an outage.

(4)

(a) As needed for public safety, the department shall prohibit movements in congested areas within the peak traffic hours.

(b) Additional restrictions shall be noted on the overweight or overdimensional permit upon issuance.

(5)

(a) Travel on an overweight and overdimensional permit shall not be permitted in Boone, Kenton, Campbell, Fayette, Jefferson County (Louisville) or at the Owensboro, Kentucky 2155 bridge from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday through Friday.

(b) An overweight or overdimensional load originating in Fayette County shall be exempt from traffic rush hour restrictions on Interstate 64 and Interstate 75 in Fayette County and on connecting routes to both interstates up to a distance of three (3) miles from the interstates.

(6) If proof of an emergency is submitted to the Division of Motor Carriers, a move shall be authorized during the hours restricted by KRS 189.270(11)(a).

(7) Each vehicle transporting a load under the provisions of an overweight or overdimensional annual or single trip permit shall obtain prior approval from the Division of Motor Carriers for a deviation from the routes approved by the Transportation Cabinet.

Section 6. Height.

(1) A vehicle and load with a height in excess of thirteen (13) feet, six (6) inches shall obtain an overweight or overdimensional single-trip permit pursuant to KRS 189.270(2) prior to movement.

(2) An overweight or overdimensional annual permit shall not be issued or used for the movement if the height of the combination load and towing vehicle exceeds thirteen (13) feet, six (6) inches.

(3) The maximum height for each overweight or overdimensional single-trip permit shall be determined by the cabinet based upon underpass and bridge height along the designated route.

(4) A vehicle and load exceeding (15) feet, (6) inches in height shall submit a completed Overweight or Overdimensional Proposed Route Survey, TC Form 95-625 in addition to TC Form 95-10 to the Division of Motor Carriers.

Section 7. Weight.

(1) Gross or axle overweight shall not be permitted on:

(a) A unit that does not have a registered weight of at least 80,000 lbs; or

(b) A towing vehicle whose horsepower or braking capacity is not adequate to safely transport the overdimensional or overweight load.

(2) The weight on a single axle in any combination shall not exceed the product of 700 pounds times the aggregate width in inches established by the manufacturer's stamped tire measurement of all the tires on the axle, or the following axle or axle group weights, whichever is less:

(a) Single axle - 24,000 pounds;

(b) Steering axle - 20,000 pounds;

(d) Tandem axle group if the combination vehicle has six (6) or more axles total - 48,000 pounds;

(e) Tridem axle group - 60,000 pounds;

(f) Five (5) axle combination units not exceeding 96,000 pounds gross weight;

(g) Six (6) axle combination units not exceeding 120,000 pounds gross weight; or

(h) Seven (7) axle combination units not exceeding 160,000 pounds gross weight.

(3) Trunnion axle group maximum gross weights shall be determined by a route and bridge analysis performed by the cabinet's Bridge Preservation Branch.

(4) Maximum weights shall not be permitted unless each of the bridges and roads on the moving route have sufficient capacity to accommodate the load.

(5) Self-propelled specialized mobile equipment shall not exceed the following axle, axle group, or gross weight:

(a) Single axle: 23,000 pounds;

(b) Tandem axle group: 46,000 pounds; and

(6) The maximum gross weight for a four (4) axle self-propelled specialized mobile equipment shall be 92,000 pounds.

(7) The maximum gross weight for a five (5) axle self-propelled specialized mobile equipment shall be 115,000 pounds.

Section 8. Manufacturers of Self-Propelled Specialized Mobile Equipment.

(1)

(a) A manufacturer of self-propelled construction equipment that is not licensed as a motor vehicle may obtain an annual permit for the sole purpose of road-testing the equipment prior to its sale.

(b) Operation of the equipment during the road-testing shall be limited to employees of the manufacturer upon designated routes within the Commonwealth.

(2) The annual permit issued to a manufacturer of self-propelled construction equipment shall be limited to equipment that is:

(a) A maximum width of ten (10) feet; and

(b) A gross vehicle weight not in excess of 160,000 pounds.

(3)

(a) A manufacturer desiring to road test equipment shall submit a completed Application for Annual Overweight or Overdimensional Permit, TC Form 95-25 to the Division of Motor Carriers.

(b) The application for a permit shall designate the model of the equipment and the requested or intended route. A separate TC Form 95-25 shall be submitted or required for each model, and each requested or intended route.

(d) A permit issued to the manufacturer of self-propelled construction equipment shall be valid for twenty-four (24) hours a day except that pursuant to the concerns cited in Section 5 of this administrative regulation, the department may restrict operation under the permit on Monday through Friday between 7 a.m. and 9 a.m. and between 4 p.m. and 6 p.m.

Section 9. Length.

(1) A front overhang on a combination vehicle shall be prohibited.

(2) A manufactured home that has a combined length of the manufactured home and towing vehicle greater than 120 feet shall not be towed upon a Kentucky highway.

(3) A manufactured home shall not exceed ninety (90) feet in length.

Section 10. Width.

(1) Prior to movement, a vehicle and load with a width in excess of eight and a half (8 1/2) feet shall obtain an overweight or overdimensional permit pursuant to KRS 189.270(2).

(2) Prior to movement, a vehicle and load with a width in excess of eight (8) feet traveling on routes not included on the Designated National Truck Network shall obtain an overweight or overdimensional permit except as provided in KRS 189.2225(3).

(3) An annual permit shall not be issued for the movement of an overweight or overdimensional load in excess of sixteen (16) feet in width.

(4)

(a) A move of an overweight or overdimensional load more than twelve (12) feet wide shall not be made on a highway if a wind advisory has been issued by the National Weather Service; or

(b) If adverse weather conditions or road conditions would cause the move to be dangerous.

(5) A move of an overweight or overdimensional load that is more than twelve (12) feet wide operating pursuant to an annual permit shall be limited to highways of four (4) or more lanes and to the shortest and best two (2) lane route designated by the Division of Motor Carriers.

Section 11. Power Unit Flag and Sign Requirements

(1) Red or orange fluorescent flags that are a minimum of eighteen (18) inches square (11,612.7 millimeters square) shall be displayed on each vehicle and load operating under the provisions an overweight or overdimensional permit.

(a) A vehicle operating overwidth shall display four (4) warning flags, one (1) at each of the four (4) corners. If a portion of the load extends beyond the four (4) corners, additional flags shall be displayed at the widest points of the load.

(b) A vehicle operating overlength, or with a rear overhang, shall display two (2) warning flags located to indicate the maximum width at the extreme rear of the vehicle or load.

(2) A vehicle exceeding twelve (12) feet (3.65 meters) in width, or having front overhang shall display two (2) warning signs.

(a) A warning sign shall be six (6) to eight (8) feet in width stating "OVERSIZE LOAD" in black letters on a yellow background.

(b) The black letters shall be at least eighteen (18) inches high (11,612.7 millimeters) with a brush stroke of at least one and four tenths (1.4) inches (35.56 millimeters).

Front of the power unit;
Rear of the towed unit; or
Rear of the load.

(3) If a front overhang exceeds ten (10) feet (3.05 meters), an amber strobe or flashing light shall be placed on the power unit of the towing vehicle and shall be in use while the power unit is in operation.

(4) The lighting devices and reflectors established in 49 C.F.R. 393.11 for pole trailers and projecting loads shall be required.

(5) As a special provision of the permit, and due to safety considerations, the Division of Motor Carriers may require additional lighting or warning flags.

Section 12. Braking Requirements.

(1) The number, type, size, and design of brake assemblies required to assist the towing vehicle in controlling and stopping a manufactured home or boat shall be sufficient to assure that the maximum stopping distance from an initial velocity of twenty (20) miles per hour shall not exceed forty (40) feet.

(2) If required, a manufactured home not equipped with brakes on all axles shall certify to law enforcement that the towing unit has sufficient brake assemblies to meet the braking distance specified in this section by producing:

(a) A manufacturer's statement;

(b) Documented technical data; or

(3) The certification shall be carried in the towing unit and presented upon request to law enforcement.

Section 13. Escort Vehicle Safety Requirements.

(1) A required escort vehicle shall accompany the overweight or overdimensional vehicle at a distance of 300 feet (91.44 meters) on open highways unless it is necessary to travel at a distance closer or farther away from the vehicle accompanied for safety or due to road conditions. An escort vehicle shall:

(a) Maintain radio contact with the load;

(b) Have amber strobe lights or flashing lights;

(d) Use a height pole front escort if the escorted load is in excess of fourteen (14) feet eleven (11) inches.

(2) A warning sign stating "OVERSIZE LOAD" shall be displayed on a lead escort vehicle so that it is visible to oncoming traffic for a vehicle and load with a width in excess of twelve (12) feet.

Section 14. Escorts required.

(1) A lead escort shall be required on two (2) lane routes of travel if:

(a) The vehicle and load width is in excess of twelve (12) feet.

(b) The vehicle and load length is in excess of seventy five (75) feet; or

(2) A trail escort shall be required on two (2) lane routes of travel if:

(a) The vehicle and load width is in excess of twelve (12) feet;

(b) The vehicle and load length is in excess of eighty five (85) feet; or

(3) A lead escort shall be required on four (4) lane routes of travel if:

(a) The vehicle and load width is in excess of fourteen (14) feet; or

(b) The vehicle and load height is in excess of fourteen (14) feet eleven (11) inches.

(4) A trail escort shall be required on four (4) lane routes of travel if:

(a) The vehicle and load width is in excess of twelve (12) feet;

(b) The vehicle and load length is in excess of 110 feet; or

(c) The vehicle and load width is in excess of twelve (12) feet and does not maintain a speed of forty five (45) miles per hour.

(5) Due to safety considerations, the Division of Motor Carriers may require additional escort vehicles as a special provision of the permit.

Section 15. House or Building Permits.

(1)

(a) An application for a permit to move a house or building shall be made on House Moving Application, TC Form 95-310, and submitted to the Division of Motor Carriers via mail, hand delivery, or the motor carrier online permitting system at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero Street Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m., or via fax at (502) 564-0992.

(b) The mover shall provide all escorts and flagmen deemed necessary during the move to ensure the safety of the public.

(2) A house moving permit shall not be issued for the movement of a permanent building other than a portable storage unit on a parkway or an interstate highway.

(3)

(a) The Division of Motor Carriers shall contact the appropriate cabinet district office for specific routing restrictions or local highway conditions prior to the issuance of a house moving permit.

(b) Specific restrictions shall be identified on the house moving permit and a deviation from the restrictions shall void the house moving permit.

Section 16. Building Materials. A vehicle hauling building materials to a home or home site may travel fifteen (15) miles off of a state highway for purpose of delivery if the highway is classified to carry the registered weight of the vehicle.

(1) The vehicle shall meet the requirements and limits of its registration and also be within the axle weight limits. The vehicle shall not be required to have a permit for overweight or overlength dimensions.

(2) An operator shall be required to provide a bill of lading either to vehicle enforcement, or to a cabinet designee, while engaged in the transportation of home building materials.

Section 17. Permits for sealed, containerized, ocean-going cargo units.

(1) A vehicle moving a sealed, containerized, ocean-going cargo unit that meets the requirements and limitations established in KRS 189.222, 189.270, and Section 7 of this administrative regulation shall be eligible for an overweight single trip or annual permit.

(2) An applicant for an overweight or overdimensional single trip permit shall submit the following to the Division of Motor Carriers:

(a) A completed Kentucky Overweight or Overdimensional Permit Worksheet, TC Form 95-10;

(b) A payment of sixty (60) dollars pursuant to KRS 189.270(2);

(c)

Either a copy of an international bill of lading signed by a custom's official; or
An international bill of lading with an equipment interchange and inspection report; and

(d) The seal number and container number for the load.

(3) An applicant for an overweight or overdimensional annual permit shall submit the following to the Division of Motor Carriers:

(a) A completed Kentucky Overweight/Overdimensional Permit Worksheet, TC Form 95-25;

(b) A payment of 250 dollars pursuant to KRS 189.270(3); and

(c)

Either an acknowledgement of possession of a copy of an international bill of lading signed by a custom's official; or
An international bill of lading with an equipment interchange and inspection report containing the seal number and container number for each load.

(4) During transit, an operator shall have in his or her possession either a copy of the international bill of lading signed by a custom's official, or an international bill of lading with an equipment interchange and inspection report containing the seal number and container number for the load.

Section 18. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) " Kentucky Overweight/Overdimensional Permit Worksheet", TC Form 95-10, February, 2017; and

(b) "Application for Annual Overweight or Overdimensional Permit", TC Form 95-25, September, 2014;

(d) "Overweight or Overdimensional Proposed Route Survey", TC Form 95-625, February, 2017.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4 p.m.

History

RELATES TO: KRS 175.450, 177.390-177.570, 177.9771, 186.010(8), 186.050, 189.221, 189.222, 189.2225(3), 189.270, 189.271, 189.2715, 189.2716, 189.2717, 227.550, 281.838, 23 C.F.R. 658.17, 49 C.F.R. 367, 393.11
STATUTORY AUTHORITY: KRS 189.270(6), 189.271(9)(b), 189.2715(1), 189.2717(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.270(6), 189.271(9)(b), 189.2715(1), 189.2716, and 189.2717(1) authorize the Secretary of the Kentucky Transportation Cabinet to issue permits for the movement of motor vehicles with divisible or nondivisible loads exceeding legal weights or dimensions. This administrative regulation establishes the procedures and requirements for the issuance of an overweight or overdimensional single trip or annual permit including the height, width, and length necessary for vehicles and loads; escort safety requirements; the requirements to move a house or building; and the criteria necessary to obtain a permit for a sealed, containerized, ocean-going cargo unit.
History: 601 KAR 001:018. 26 Ky.R. 1308; 1582; 1947; eff. 5-22-2000; 28 Ky.R. 459; 1119; eff. 11-12-2001; 30 Ky.R. 1349; 2145; eff. 4-12-2004; 37 Ky.R. 808; 2000; eff. 2-9-2011; 38 Ky.R. 1487; 1957; eff. 7-6-2012; 43 Ky.R. 1890; eff. 7-7-2017; Crt. 2-18-2019; Cert to Am. 1-9-2026; filing deadline 7-9-2027.

601 KAR 1:019 Overweight or overdimensional farm equipment {#sec-601-kar-1-019 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:019}

Section 1. Definitions.

(1) "Convoy" means multiple pieces of farm equipment moving in a continuous stream and travelling together for safety and convenience.

(2) "Farm equipment" means machinery, an implement, or a vehicle used exclusively in a farm or agriculture operation including non registered self-propelled farm equipment.

(3) "Fully controlled access highway" means a highway that:

(a) Gives preference to through traffic;

(b) Has access only at selected public roads or streets; and

(4) "Nondivisible load" means a load or vehicle, that if separated into smaller loads or vehicles would:

(a) Compromise the intended use of the vehicle, making it unable to perform the function for which it was intended;

(b) Destroy the value of the load or vehicle, making it unusable for its intended purpose; or

(5) "Overdimensional" means the motor vehicle exceeds the dimension limits established in 603 KAR 5:070.

(6) "Overweight" means the motor vehicle exceeds:

(a) The gross weight limit established in 603 KAR 5:066;

(b) The axle weight limit established in 603 KAR 5:066;

(d) The bridge weight limit established by 603 KAR 5:066; or

(e) The gross weight limit posted at a bridge or other structure.

(7) "Self-propelled farm equipment" means a non registered vehicle used exclusively in a farm or agricultural operation that is capable of movement on its own power.

(8) "Toll road" means any project constructed under the provisions of KRS 175.450 or 177.390 through 177.570 on which a toll is collected or was in the past collected by the Transportation Cabinet.

Section 2. Overweight or Overdimensional Permit Not Required.

(1) An overweight or overdimensional permit shall not be required for the transport of overweight or overdimensional farm equipment or self-propelled farm equipment from:

(a) One farm to another;

(b) A farm to a repair shop or dealer; or

(2) A non permitted move shall comply with the safety requirements of this administrative regulation.

Section 3. Overweight or Overdimensional Annual or Single Trip Permit Required.

(1) An overweight or overdimensional annual or single trip permit shall be required if a move is from a:

(a) Manufacturer to a dealer;

(b) Dealer to a manufacturer; or

(2) An overweight or overdimensional annual or single trip permit shall be required for the movement of farm equipment on:

(a) A fully controlled access highway;

(b) A toll road parkway; or

(3) The cabinet shall consider the following to make the determination on an overweight or overdimensional single or annual permit application:

(a) The strength of bridges and structures on the route;

(b) Traffic congestion on the route;

(d) The availability of alternate routes that afford greater safety;

(e) Urban development in residential and commercial areas on the route;

(f) The proximity of schools to the route; and

(g) Another condition that would unduly compromise public safety and convenience.

Section 4. Overweight or Overdimensional Single Trip Permits.

(1)

(a) An overweight or overdimensional single trip permit shall be issued for the movement of farm equipment or self propelled farm equipment if a load is non divisible farm equipment exceeding the weight or dimensions established in KRS 189.222 or 189.270(3) and (4).

(b) The cabinet shall restrict the movement or deny the overweight or overdimensional permit if the movement may cause damage to property or may be detrimental to public safety or convenience.

(2) The permit fee for the cabinet to issue an overweight or overdimensional single trip permit shall be as established in KRS 189.270(2).

(3)

(a) An applicant for an overweight or overdimensional single trip permit shall submit to the Division of Motor Carriers a completed Kentucky Overweight or Overdimensional Permit Worksheet, TC Form 95-10.

(b) An application received after 3 p.m., Eastern standard time, shall not be processed until the following business day.

Section 5. Overweight or Overdimensional Annual Permits.

(1) An overweight or overdimensional annual permit shall be issued by the cabinet for the movement of farm equipment or self propelled farm equipment as established in KRS 189.270(3) and (4).

(2) The permit fee for the cabinet to issue an overweight or overdimensional annual permit shall be as established in KRS 189.270(3) and (4).

(3) An applicant for an overweight or overdimensional annual permit shall submit to the Division of Motor Carriers a completed Application for Annual Overweight or Overdimensional Permit, TC Form 95-25.

Section 6. Overweight or Overdimensional Permits for Self-propelled Farm Equipment.

(1) Self-propelled farm equipment shall not operate on a:

(a) Toll road;

(b) Parkway; or

(2) Self-propelled farm equipment shall be issued an overweight or overdimensional single trip or annual permit to operate on a fully-controlled access highway if the movement:

(a) Does not create an unreasonable impedance of the flow of traffic; and

(b) Is accompanied by the applicable escort vehicle, if required, as established in Section 7 of this administrative regulation.

Section 7. Escort Vehicles for Farm Equipment.

(1) General escort vehicle requirements.

(a) A lead escort vehicle operating on a two (2) lane highway may serve as a tow vehicle.

(b) The distance requirement for an escort vehicle to lead or trail an overweight or overdimensional farm equipment shall be 300 feet (91.44 meters), but the distance may vary if necessary due to safety or road conditions.

(d) A single vehicle and load that do not exceed forty-five (45) miles per hour operating on a four (4) lane highway shall have at least one (1) trail escort.

(2) A single vehicle and load in excess of twelve (12) feet in width:

(a) Operating on a two (2) lane highway, shall have at least one (1) lead escort vehicle; and

(b) Operating on a four (4) lane highway, shall have at least one (1) trail escort vehicle.

(3) A single vehicle and load in excess of eighty-five (85) feet in length operating on a two (2) lane highway, shall have at least one (1) lead vehicle.

(4) A single vehicle and load 120 feet in length or more operating on a four (4) lane highway, shall have at least one (1) trail vehicle.

(5) Convoy. More than one (1) farm equipment vehicle and load, exceeding twelve (12) feet in width or exceeding eighty-five (85) feet in length, being operated as a convoy on a two (2) lane highway, shall have at least one (1) lead vehicle for the total convoy.

Section 8. Sign, Flag, and Lighting Requirements. An overweight or overdimensional vehicle or its escort shall bear a sign declaring that the vehicle is oversized or shall use lights, flashers, or flags.

(1) Signage. A sign shall:

(a) Be at least six (6) to eight (8) feet in width;

(b) State "Oversize Load";

(c) Have black letters on a yellow background. The black letters shall be at least eighteen (18) inches tall (11,612.7 millimeters) with a brushstroke of at least one and four-tenths (1.44) inches (35.56 millimeters) wide; and

(d) Be displayed so that the sign shall be visible to traffic.

(2) Flags. A flag shall be:

(a) Red or fluorescent orange;

(b) At least eighteen (18) inches (11,612.7 millimeters) square;

(3) Lights. Lights shall be:

(a)

Amber oscillating; or
Flashing; and

(b) Visible from the rear.

Section 9. Travel Restrictions. (1) The movement of farm equipment or self-propelled farm implements in excess of twelve (12) feet in width shall not be made on a highway if adverse weather or road conditions will cause the move to be dangerous.

Section 10. Height and Weight Requirements.

(1) A nonexempt farm vehicle and load with a height in excess of thirteen (13) feet, six (6) inches shall obtain a single-trip overweight or overdimensional permit pursuant to KRS 189.270(2) prior to movement.

(2) The maximum height for each single-trip overweight or overdimensional permit shall be determined by the cabinet based on bridge and underpass height along the designated route.

(3) Gross or axle overweight shall not be permitted on a nonexempt farm vehicle with the following configuration:

(a) A combination unit of less than five (5) axles; or

(b) A single unit.

(4) To be issued an overweight or overdimensional permit, a vehicle shall have a declared gross weight of at least 80,000 pounds.

(5) The weight on a single axle in a combination shall not exceed the product of 700 pounds times the aggregate width in inches established by the manufacturer's stamped tire measurement of all the tires on the axle, or the following axle or axle group weights, whichever is less:

(a) Single-wheel axle: 24,000 pounds;

(b) Steering axle: 20,000 pounds;

(d) Tandem dual-wheel axle group if the combination vehicle has six (6) or more axles total: 48,000 pounds;

(e) Tridem dual-wheel axle group: 60,000 pounds;

(f) Five (5) axle combination units not exceeding 96,000 pounds gross weight;

(g) Six (6) axle combination units not exceeding 120,000 pounds gross weight;

(h) Seven (7) axle combination units not exceeding 160,000 pounds gross weight; or

(i) Trunnion axle group maximum gross weight as determined by the bridge weight formula established in 603 KAR 5:066, Section 2(7).

(6) The maximum weight shall not be permitted, unless all bridges and roads on the moving route have sufficient capacity to accommodate the load.

Section 11. Responsibility of the Overweight or Overdimensional Permit Holder.

(1)

(a) Damage to the highway, signs, guardrails, or other public or private property caused by the transportation of the farm equipment shall be the responsibility of the overweight or overdimensional permit holder.

(b) An overweight or overdimensional permit holder shall either repair the damage incurred or pay for the repair.

(c) An overweight or overdimensional permit holder shall not cut, trim, remove, or relocate a tree, shrub, guardrail highway sign, or other object on the highway right-of-way without the written approval of the chief district engineer or designee in the district office where the property is physically located.

(2) An applicant shall be responsible for providing accurate information and reviewing the permit prior to travel on Kentucky highways.

Section 12. Duplicate Overweight or Overdimensional Permits.

(1) A duplicate overweight or overdimensional permit that is needed to replace a lost, stolen, or destroyed annual permit or to transfer the permit to another towing vehicle, shall be obtained from the Division of Motor Carriers by a payment of ten (10) dollars.

(2) One (1) transfer to another towing vehicle shall be allowed for each annual overweight or overdimensional permit during the permit's effective year.

(3) An additional transfer of an annual overweight or overdimensional permit shall be subject to the fees established in KRS 189.270.

(4) An original overweight or overdimensional permit shall be returned to the Division of Motor Carriers prior to the transfer of an annual overweight or overdimensional permit.

Section 13. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Annual Overweight or Overdimensional Permit", TC Form 95-25, December 2011; and

(b) "Kentucky Overweight or Overdimensional Permit Worksheet", TC Form 95-10, December 2011.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622. This material may also be obtained by accessing the cabinet's Web site at http://transportation.ky.gov/.

History

RELATES TO: KRS 189.222, 189.270,(4), 281.010(1)
STATUTORY AUTHORITY: KRS 189.270(6), 189.271(9)(b), 189.2717(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.271(9)(b) authorizes the cabinet to promulgate administrative regulations establishing the requirements to issue a permit for the movement of a divisible or nondivisible load exceeding legal weights and dimensions. KRS 189.270(6) requires the cabinet to establish safety requirements for the escort vehicles accompanying an overweight or overdimensional vehicle. This administrative regulation establishes the requirements for the issuance of single and annual permits for overweight and overdimensional farm equipment. This administrative regulation establishes the safety requirements for escort vehicles accompanying farm equipment and exempts certain farm equipment movements from the requirement of obtaining an over-dimensional permit, but retains the associated safety requirements.
History: 601 KAR 001:019. 38 Ky.R. 1399; 1962; eff. 7-6-2012; Crt eff. 10-8-2018; Crt. eff. 2-18-2019; Crt. eff. 1-9-2026.

601 KAR 1:020 Permit for hauling industrial materials; fee; bond {#sec-601-kar-1-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:020}

Section 1. Application.

(1) All applications for an industrial haul permit authorized by KRS 189.271 shall be on forms prescribed and furnished by the Transportation Cabinet. Such forms shall be available at any highway district office.

(2) An application for an industrial haul permit shall be submitted to the highway district office having jurisdiction over the major portion of the proposed haul routes and shall be accompanied by a transportation plan.

(3) The transportation plan shall be prepared and submitted by the applicant and shall indicate and identify by route number the highways on the state maintained road system over which the applicant will transport industrial materials.

Section 2. Bond Requirements.

(1) Industrial haul permit applicants who are and remain in good standing with the cabinet shall not be required to post bond.

(2) An industrial haul permit applicant shall not be in good standing and shall be subject to the performance bond requirement set forth in subsection (4) of this section if any of the following occurs:

(a) If any operator of a vehicle owned or leased by an industrial haul permit holder deviates from an existing transportation plan or violates any of the safety provisions identified in Section 5 of this administrative regulation; or

(b) If any operator of a vehicle owned or leased by an industrial haul permit holder is convicted under KRS 189.990(2)(a) two (2) or more times within a five (5) year period.

(3) If an applicant is required to post a performance bond, the following shall apply:

(a) The applicant shall be the principal obligor on any required industrial haul performance bond and the Commonwealth of Kentucky shall be the obligee.

(b) The bond amount shall be determined by the cabinet and shall not exceed $6,000 per vehicle.

An applicant wishing to post a corporate or self-insured bond shall submit an affidavit from an independent financial institution verifying that the applicant has permanent net assets located in Kentucky with a total value of $500,000 or more;
In the event the applicant's liability is discharged upon a performance bond, the cabinet may require the filing of a new bond; and
An existing industrial haul permit bond may be carried forward and applied to a revised or renewed industrial haul permit provided the cabinet has not gone against the bond, and provided there has not been a violation of the safety provisions set forth in Section 5 of this administrative regulation.

Section 3. Permit Terms and Conditions.

(1) An industrial haul permit shall be valid for a period not to exceed three (3) years from the date of issuance.

(2) A separate permit shall be issued for each vehicle upon receipt of the permit fee.

(a) A twenty (20) dollar annual fee shall be paid in advance for each truck at the time the permit application is filed. The applicant shall have the option of taking a permit for a one (1), two (2), or three (3) year period, but shall pay the annual fee for all years covered by the permit in advance (sixty (60) dollar fee for a three (3) year permit); and

(b) The fee set forth in paragraph (a) of this subsection shall be made payable to the cabinet.

(3) An existing industrial haul permit may be renewed provided the permit holder and all operators of vehicles owned or leased by the applicant have complied with all the terms and conditions of the original industrial haul permit, permit application, and transportation plan.

(4) An industrial haul permit transportation plan may be revised at any time during the permit period, by sending a revised transportation plan to the same highway district office where the original application was filed subject to the requirements in subsection (5) of this section and Section 5 of this administrative regulation.

(5) Vehicles permitted pursuant to this administrative regulation shall comply with legal bridge weight limits. A permitted vehicle may exceed the legal bridge weight limits only upon approval from the cabinet. This requirement is applicable to a revised plan as well as the original transportation plan.

(a) A permit holder wishing to exceed legal bridge weights on the submitted transportation plan shall:

Submit a written request attached to the permit application form; and
Set forth the specific bridge or bridges whose limits they wish to exceed by route and milepoints.

(b) The cabinet shall:

Analyze the bridge weight capacity; and
Issue the permit or notify the applicant it has been denied based on bridge weight capacity within fourteen (14) days from the date the application is received in the highway district office.

(6) An industrial haul permit holder may change the designated industrial material to be hauled anytime at no additional cost.

Section 4. Weight Restriction. A holder of an industrial haul permit issued by the cabinet shall not allow a vehicle owned or leased by them to exceed the gross weight for a vehicle as provided for in KRS 189.222.

Section 5. Additional Conditions. Any industrial haul permit issued by the cabinet allowing for a variance in either height, width or length dimensions from the provisions in KRS 189.222, shall be restricted to use on the roads set forth in 603 KAR 5:070 and shall be conditioned upon compliance with KRS Chapter 189, 601 KAR 1:005 and 601 KAR 1:018. The cabinet may deny or revoke a permit if an owner or operator of the permitted vehicle is in violation of any of these provisions.

Section 6. Any deviation from the transportation plan as submitted by the permit holder, without notice to the cabinet, shall be sufficient cause for the cabinet to revoke an industrial haul permit.

Section 7. Incorporation by Reference.

(1) The following forms are incorporated by reference:

(a) TC 71-201, Industrial Haul Permit Application, revised February 2001, one (1) page;

(b) TC 71-202, Industrial Haul Permit Performance Bond, revised February 2001, one (1) page;

(d) TC 71-204, Truck Information, revised February 2001, one (1) page;

(e) TC 71-207, Industrial Haul Permit Self-insured Performance Bond, revised February 2001, one (1) page; and

(f) TC71-208, Industrial Haul Permit Self-insured Performance Bond Affidavit, revised July 2000, one (1) page.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Carriers, State Office Building, 3rd Floor, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. The telephone number is (502) 564-4540.

History

RELATES TO: KRS 189.221, 189.222, 189.271
STATUTORY AUTHORITY: KRS 174.080, 189.271
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.271 empowers the Transportation Cabinet to promulgate administrative regulations to implement the provisions as set forth therein for the issuance of a special permit to the owner, operator, or lessee of a motor vehicle for the purpose of hauling industrial materials whose gross weight, or dimensions, including vehicle and load, exceeds the limits set forth in or fails to comply with the requirements of KRS Chapter 189.
History: 1 Ky.R. 14; eff. 9-11-1974; 12 Ky.R. 356; eff. 10-8-1985; 14 Ky.R. 484; 830; eff. 11-6-1987; 27 Ky.R. 1868; 2771; eff. 4-9-2001; Crt eff. 11-26-2019; Crt eff 8-27-2026.

601 KAR 1:040 Application for operating authority and registration of motor carriers {#sec-601-kar-1-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:040}

Section 1. Kentucky Intrastate Passenger or Household Goods Authority.

(1)

(a) An application for operating authority to engage in Kentucky intrastate commerce relating to the transportation of persons, except for charter bus transportation, or household goods shall be made on the following appropriate forms:

Transportation Cabinet form TC 93-10E, Application for Operating Authority, Household Goods;
Transportation Cabinet form TC 93-11E, Application for Operating Authority, Disabled Persons Carrier;
Transportation Cabinet form TC 93-12E, Application for Operating Authority, Bus and Airport Shuttle;
Transportation Cabinet form TC 93-13E, Application for Operating Authority, City Limousine and, Taxicab; or
Transportation Cabinet form TC 93-15E, Application for Operating Authority, County Limousine and, Taxicab.

(b) The application shall be accompanied by a filing fee of twenty-five (25) dollars.

(c) All applications and exhibits shall be filed with answers typewritten or printed legibly in ink. Each question shall be fully answered and all instructions with the application shall be read and fully complied with.

(2)

(b) This certification shall not be more than thirty (30) days old when the application is submitted to the Transportation Cabinet.

(3) The application shall be accompanied by the applicant's financial statement prepared in accordance with 601 KAR 2:010.

(4)

(a) An application shall be sworn to by the applicant or a responsible official acting for the applicant.

(b) A hearing shall not be called or authority issued upon an incomplete application.

Section 2. Temporary Authority Applications.

(1)

(a) An application for temporary authority shall be made to the Transportation Cabinet by petition.

(b) The petition shall set forth the facts relied on by the applicant as showing an immediate and urgent need for the authority sought.

(c) All existing carriers having authority to perform the proposed service between any of the points sought in the petition shall be fully identified and the authority of each as affected by the application shall be stated.

(d)

The applicant shall have the burden of proof in showing that any existing carriers with authority are not capable of meeting the need for service.
In lieu of meeting this burden, the applicant may file a waiver from each carrier authorized to serve the area sought or any part thereof in the form of a letter from each carrier waiving any objection to the temporary grant of authority.

(2) There shall also be filed with the petition a verified statement. The supporting statement shall contain at least the following information:

(a) Name and address of the motor carrier who has filed the application for temporary authority;

(b) Statement of character and reputation of the applicant and a brief history of the applicant's work history, including any experience in providing transportation services;

(d) A statement of how the transportation service, if any, is now obtained and how it was obtained in the past;

(e) A statement of when the transportation service is needed and the reasons why the need is immediate and urgent;

(f) An estimate of how long the need for the transportation service will continue and a statement that the person making the supporting statement would support a permanent service application;

(g) A statement of the consequences if this transportation service is not made available; and

(h) A statement of incidents where efforts have been made to obtain the service from existing motor carriers and the:

Dates and results of these efforts;
Name and address of all existing carriers who have either failed or refused to provide the service; and
Reasons given for the failure or refusal.

(3) The department may issue temporary authority without following any of the requirements listed in subsection (2) of this section if one (1) of the following conditions exists:

(a) There are no existing carriers with authority within the scope and area of the application;

(b) All existing carriers with authority within the scope and area of the application issue waivers for the issuance of temporary authority;

(d) The application is for temporary approval under KRS 281.632(2).

(4) If no application for corresponding permanent authority is made, an application for temporary authority shall be accompanied by a filing fee of twenty-five (25) dollars and the financial statement of the applicant prepared in accordance with 601 KAR 2:010.

Section 3. Application for Approval of Transfer of Certificate or Permit.

(1)

(a) An application for approval to transfer a certificate or permit issued by the Transportation Cabinet authorizing Kentucky intrastate commerce shall be accompanied by a filing fee of twenty-five (25) dollars.

(b) The application shall be made on "Application for Approval of Transfer of Certificate or Permit", form TC 93-17E.

(2)

(a) If the applicant is a corporation, a copy of the corporation's certificate of good standing from the Secretary of State in the jurisdiction in which it was incorporated shall be submitted with the application. This certification shall not be more than thirty (30) days old when the application is submitted to the department.

(b) If the applicant is a foreign corporation, a Kentucky process agent shall be listed.

(3)

(a) The application shall be accompanied by the transferee's financial statement prepared in accordance with 601 KAR 2:010.

(b) An application shall be sworn to by the applicant or a responsible official acting for the applicant.

(4) A copy of the executed transfer agreement and a copy of the certificate or permit sought to be transferred shall accompany the application.

(5) If the application is for the transfer of contract carrier authority, a copy of the contract to be transferred and a duly executed assignment by the original shipper shall be attached to the application.

Section 4. Interstate Operating Authority - Motor Carriers.

(1) 49 U.S.C. 14504a, the Unified Carrier Registration Act of 2005, shall govern the registration of motor carriers which meet the following criteria:

(a)

Those whose principal place of business is Kentucky; or
Those who selected Kentucky as their base state pursuant to the United Carrier Registration Act of 2005, 49 U.S.C. 14504(a)(2); and

(b) Those which are operating in interstate commerce.

(2) The Unified Carrier Registration Agreement shall govern the procedures of the Department of Vehicle Regulation in the registration of motor carriers operating in interstate commerce.

(3) A motor carrier which maintains its principal place of business in Kentucky shall apply to the Department of Vehicle Regulation for registration pursuant to 49 C.F.R. Part 367.

(4) The fee for the issuance of the registration required under the Unified Carrier Registration Agreement shall be the fee established in 49 C.F.R. 367.20.

Section 5. Charter Bus Applications.

(1) An application for operating authority as a charter bus operator pursuant to KRS 281.637 shall be made on form TC 95-308E, "Application for Charter Bus Operating Authority".

(2) In accordance with KRS 281A.010(8)(d), a charter bus shall be considered to be a commercial motor vehicle as defined by KRS 281A.010(8) except that it shall be designed to transport seventeen (17) or more persons, including the driver.

(3) Each application shall include a filing fee of twenty-five (25) dollars.

(4) The applicant shall certify knowledge of and compliance with 601 KAR 1:005, Sections 2, 3(1)(b) and 4 and with the provisions of KRS Chapter 281A relating to commercial drivers licenses.

(5) The applicant shall be required to file evidence of insurance as required by KRS 281.655(4).

(6)

(a) If an applicant for a charter bus certificate has complied with the provisions of this administrative regulation, the Department of Vehicle Regulation shall issue the carrier a registration receipt authorizing charter bus operations between all points and places in Kentucky.

(b) The carrier shall keep a copy of this receipt in each vehicle operating pursuant to this authority.

Section 6. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) Form TC 93-10E, "Application for Operating Authority, Household Goods", July 2006;

(b) Form TC 93-11E, "Application for Operating Authority, Disabled Persons Carrier", July 2006;

(d) Form TC 93-13E, "Application for Operating Authority, City Limousine and Taxi", July 2006, revised April 1999;

(e) Form TC 93-15E, "Application for Operating Authority, County Limousine and Taxi", July 2006;

(f) Form TC93-17E, "Application for Approval of Transfer or Lease of Certificate or Permit", July 2006;

(g) Form TC 95-308E, "Application for Charter Bus Operating Authority", September 2002; and

(h) "Unified Carrier Registration Agreement", approved by the Unified Carrier Registration Board, June 11, 2007.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, 200 Mero Street Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 281.014, 281.610, 281.615, 281.618, 281.619, 281.620, 281.625, 281.632, 281.637, 281.650, 281.655, 281.660, 281A.010(8), 49 C.F.R. Part 367, 49 U.S.C. 14504a
STATUTORY AUTHORITY: KRS 281.600(1), 281.620(1), 281.752, 49 U.S.C. 14501
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600(1) authorizes the Transportation Cabinet to regulate motor carriers. This administrative regulation establishes the application procedure for intrastate operating authority in the Commonwealth and the registration procedure for interstate motor carriers operating in Kentucky pursuant to authority granted by the United States Department of Transportation.
History: DMT-3; 1 Ky.R. 784; eff. 5-14-1975; 18 Ky.R. 2359; 2695; 2961; 3195; eff. 5-1-1992; 20 Ky.R. 1381; eff. 2-10-1994; 22 Ky.R. 1725; 2299; eff. 6-6-1996; 26 Ky.R. 201; eff. 9-7-1999; 28 Ky.R. 1688; 2572; eff. 6-14-2002; 35 Ky.R. 1274; 1737; eff. 2-6-2009; Crt eff. 11-26-2019; Crt eff. 8-27-2026.

601 KAR 1:080 Household goods carriers {#sec-601-kar-1-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:080}

Section 1. Determination of Weights.

(1) Tare weight. The tare weight of each vehicle in the transportation of household goods shall be determined by having it weighed prior to the transportation of each shipment, without the crew thereon, by a certified weigh master or on a certified scale; and, when so weighed the fuel tank on each vehicle shall be full and the vehicle shall contain all blankets, pads, chains, dollies, hand trucks, and other equipment needed in the transportation of such shipment.

(2) Gross weight. After the vehicle has been loaded, it shall be weighed without the crew thereon prior to delivery of the shipment.

(3) Net weight. The net weight shall be determined by deducting the tare weight from the gross weight.

(4) Constructive weight. If no adequate scale is located at origin or any point within a radius of ten (10) miles thereof, a constructive weight, based upon seven (7) pounds per cubic foot of properly loaded van space, may be used. Such a constructive weight may also be used for a part load where the circumstances are such that its scale weight could not be obtained at origin, en route, or at destination without first unloading it or other part loads being carried in the same vehicle.

(5) Part loads. In the transportation of part loads, this rule shall apply in all respects, except that the gross weight of a vehicle containing one (1) or more part loads may be used as the tare weight of such vehicle as to part load subsequently loaded thereon. A part load, not exceeding 10,000 pounds for any one (1) shipper, may be weighed on a certified scale prior to being loaded on the vehicle. Such part shall be acknowledged by a weigh ticket evidencing such weighing.

(6) Driver's weight certificate. Whenever weights are required to be obtained pursuant to these rules, the carrier shall cause to be executed a weight certificate for each shipment, in the form specified by the cabinet, at the time the last necessary weight is obtained, and the original or a copy of such certificate shall be carried in the vehicle transporting the shipment and shall be displayed upon request of the party paying the carrier's charges. The original or a true copy of such certificate shall be maintained by the carrier as part of its record of shipment.

Section 2. Establishment of Rates for Accessorial Services. Every irregular route common carrier or "household goods" authorized to operate in intrastate commerce in Kentucky shall, in addition to the tariff filing requirements of 601 KAR 1:060, establish the charges to be made for each accessorial or terminal service rendered in connection with the transportation of household goods by motor vehicle. The tariffs establishing such charges shall separately state each service to be rendered and the charge therefor, provided that such tariffs may state an hourly labor charge applicable to miscellaneous labor service performed at the request of a shipper in connection with the transportation, when a rate is not separately stated in the tariff for the service so requested. The charges so established for packing and unpacking shall be in amounts per container, and those for other services shall be separately stated on a unit or hourly basis, whichever is appropriate. No charge so established shall be lower than the cost of performing the service. This section shall apply only where the transportation is performed by a motor carrier. The rate for transportation of such goods shall not include the charge for any accessorial service and no such services other than those for which separate charges have been so established shall be rendered by any such carrier.

Section 3. Discounts Prohibited; Rates Based on Prepayment Charges Prohibited. No discount of any character whatsoever shall be authorized by tariff provisions or otherwise allowed by any such common carrier, and no rates or charges shall be established based upon prepayment of charges.

Section 4. Prohibition Against Carrier Acting as Agent for Another Carrier. No such common carrier shall act as agent for any other such common carrier in the solicitation of shipments of household goods, in intrastate commerce, between points which such agent is authorized to serve and for which it shall have established different rates than those of its principal.

Section 5. Insurance Provisions.

(1) Requirements for procurement of all-risk insurance for shippers. No such common carrier of any employee, agent or representative thereof, may offer to procure insurance for any shipper except under the following conditions:

(a) The shipper must be fully advised of the carrier's constitutional liability and of the carrier's unlimited liability for any damage resulting from his negligence.

(b) Any insurance which the carrier may offer to procure for the shipper must be of an "all-risk" nature covering any damage in transit or temporary storage regardless of the cause.

(c) Insurance procured by the carrier shall be in the amount declared by the shipper. Any charges therefor may be added to the regular tariff charges but may not exceed the actual cost of the insurance.

(d) Any insurance procured by the carrier shall name the shipper as the direct beneficiary, and the shipper shall be provided with a copy of the policy of insurance or evidence of application therefor prior to the movement of his household goods.

(2) Liability of carrier unaffected. The shipper's purchase or refusal to purchase an insurance policy in no way affects the legal liability of such common carrier.

(3) Purchase of insurance by carrier. Nothing in this section shall preclude such common carrier from procuring in its own name insurance covering its liability for loss or damage to household goods transported by it.

Section 6. Receipt for Bill of Lading; Information Thereon.

(1) Issuance of a receipt or bill of lading. No such common carrier shall issue a receipt or bill of lading for household goods to be transported in intrastate commerce prior to receiving such household goods for such transportation, but common carriers must issue such receipt or bill of lading when such household goods are received.

(2) Information required on receipt or bill of lading. Whenever a receipt or bill of lading is issued in compliance with the preceding subsection, the carrier shall cause to be included therein the following information:

(a) The name of the motor carrier (not the agent's name) which will transport the shipments; if shipment is to be interlined, the names of the connecting carriers provided they are known when the shipment is received.

(b) The name, address, and telephone number of the office of the carrier that should be contacted in relation to the shipment, should there be a need for such contact.

(c) The name, address, and telephone number of a person to whom notification provided for in subsection (3) of this section shall be given, except when this cannot be obtained from the shipper.

(d) The preferred delivery date or the period of time within which delivery of the shipment may be expected to be made at destination.

(3) Notification of delay in delivery. Whenever a carrier is unable to make delivery of a shipment of household goods on the date or during the period specified in the receipt or bill of lading, the carrier shall notify the shipper, or person designated by the shipper, by telegram or telephone, at the carrier's expense, of the date on which delivery of the shipment will be made such notification to be given not less than twenty-four (24) hours prior to the date or during the period shown on the receipt or bill of lading except when the circumstances causing the delay occur at a later time, in which case the notice shall be given as soon as possible but in no event more than twenty-four (24) hours after the occurrence, provided, that the requirements of this paragraph shall not apply where the carrier is unable to obtain from the shipper an address or telephone number for such notification.

Section 7. Freight Bill; Information Thereon.

(1) Issuance of a freight bill. Every irregular route common carrier of household goods shall issue a freight bill for household goods transported in intrastate commerce upon delivery of such household goods.

(2) Information required on freight bill. Whenever a freight bill is issued in compliance with subsection (1) of this section, the carrier shall cause to be included therein the following information:

(a) Name and address of the motor carrier who transported the shipment.

(b) Name and address of shipper and address of origin of shipment.

(d) If the charges for the transportation services performed were based upon weight and mileage, the freight bill shall set forth the gross and tare weights of the vehicle; the net weight of the shipment; the mileage; the applicable rate per 100 pounds; and the charges for transportation.

(e) If the charges for the transportation services performed were based upon hourly rates, the freight bill shall set forth the number of men furnished; the time started; the time finished; the deductions from time for interruptions; the total time for which charged; the rate per hour; and charges for transportation.

(f) If accessorial services were rendered in connection with transportation services, the charges for each such accessorial service shall be itemized on the freight bill.

Section 8. Liability of Carriers. No common carrier shall be permitted to contract for relief from its common law liability.

Section 9. Estimates of Charges.

(1) Estimates by the carrier. Whenever an estimate of the charges for a proposed service shall be given by a carrier to a prospective shipper of household goods, the estimate shall be made only after a visual inspection of the goods by the estimator. Such estimate shall be in the form specified by the cabinet. The form shall be fully executed as appropriate in each case in accordance with the instructions therein. The original or a true legible copy of each estimate form prepared in accordance with this paragraph shall be delivered to the shipper; and a copy thereof shall be maintained by the carrier as part of its records of shipment. The shipper shall not be permitted or required to sign the "estimated cost of services" form.

(2) Estimate form for shipper's use. Carriers may furnish to shippers or prospective shippers an estimate form which may contain statements of the weights of average pieces of furniture and other household articles of various types, for use by the shipper in making his own estimate of the total weight of his goods. Any instructions necessary to enable the shipper to use the estimate form shall be printed in the form. If cubit-foot measurements are used in arriving at the weight, the form shall state that a weight factor of seven (7) pounds per cubic foot shall be used.

(3) Specific request of shipper for notification. Whenever the shipper specifically requests notification of the actual weight and charges on a shipment, the carrier shall comply with such request immediately upon determining the actual weight and charges, by telephone or telegraph if so requested. Such notification shall be at the carrier's expense in instances in which notification would be required under subsection (4) of this section and in all other instances unless the carrier provides in its tariff that the actual cost of such notification shall be collected from the shipper. Such notification shall be made no later than twenty-four (24) hours prior to the time the shipment is offered for delivery except where the shipment is in transit less than twenty-four (24) hours.

(4) Notification to shipper where charges exceed estimate. Whenever actual charges on any shipment exceed by more than ten (10) percent or twenty-five (25) dollars, whichever is greater, any estimate of charges given by the carrier to the shipper, immediately upon determining the actual charges, the carrier shall notify the shipper of the amount thereof by telegram or telephone at the carrier's expense. Such notice shall be made no later than twenty-four (24) hours prior to the time the shipment is offered for delivery, except where the shipment is in transit less than twenty-four (24) hours; provided, that this paragraph shall not apply:

(a) Where credit is to be extended by the carrier; and

(b) Where the shipper has not supplied, upon request by the carrier, an address or telephone number at which the communication would be received.

(5) Report of underestimates. Every irregular route common carrier of household goods shall file quarterly with the Transportation Cabinet, a report of all instances during that quarter in which the actual charges for services rendered exceeded the estimates of such charges by ten (10) percent or more, or twenty-five (25) dollars or more, whichever is greater, with an explanation of reasons for the variances. Such reports shall be filed on or before April 30, July 31, October 31 and January 31 for the quarter ended as of the last day of the preceding month.

(6) Reweighing. The carrier shall, upon request, made by the shipper, owner or consignee, before delivery and when practicable to do so, reweigh the shipment. A reasonable charge may be established for reweighing only when the difference between the two (2) net scale weights does not exceed 100 pounds on shipments weighing 5,000 pounds or less, and two (2) percent of the lower net scale weight on shipments weighing more than 5,000 pounds. The lower of the two (2) net scale weights shall be used for determining applicable charges.

(7) Order for services shall not show charges or estimates. There shall not be shown on any form in the nature of a "moving order" or "order for service" which may be used by carriers of households goods any charges or estimates of charges nor any reference to any estimate of charges given to the shipper.

Section 10. Absorption or Advancement of Dock Charges. Irregular route common carriers of household goods shall not absorb any dock or other charge made by any warehouseman, nor shall any such carrier advance any such charge for the account of any shipper, owner, or other person, except upon the authorization of such person. Whenever such charges are advanced on behalf of the shipper, the carrier shall obtain a receipt therefor from the warehouseman and deliver it to the shipper or the person designated by the shipper at the time the advanced charges are made.

Section 11. Information for Prospective Shippers. During the course of the first interview with every prospective shipper, every carrier of household goods shall cause to be given to the prospective shipper a summary of information in the form specified by the cabinet. Such summary shall be printed on one (1) sheet in not less than eight-point bold of full-faced type and shall contain the heading, "Important Notice to Shippers of Household Goods." The carrier's name, address, and telephone number may be shown on the sheet if that is desired. If no personal interview is had with the shipper, the carrier shall cause such summary to be mailed to the shipper on or prior to the day on which the order for service is placed. The carrier shall make an appropriate notation on the receipt or bill of lading that such summary has been furnished.

Section 12. Minimum Weight Shipments. No common carrier shall accept a shipment of household goods for transportation which appears to be subject to the minimum weight provisions of the carrier's tariff without first having advised the shipper of such minimum weight provisions.

History

RELATES TO: KRS Chapter 281
STATUTORY AUTHORITY: KRS 281.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600 requires the Transportation Cabinet to establish reasonable requirements with regard to continuous and adequate service of transportation. This administrative regulation provides for the rules and administrative regulations concerning household goods carriers.
History: DMT-10; 1 Ky.R. 789; eff. 5-14-1975; Crt eff. 9-9-2019; Crt eff. 8-27-2026.

601 KAR 1:113 Transportation network company {#sec-601-kar-1-113 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:113}

Section 1. Definitions.

(1) "Basic reparation benefits" is defined by KRS 304.39-020(2).

(2) "Certificate" is defined by KRS 281.010(8).

(3) "Driver" is defined by KRS 281.010(20).

(4) "Mobile application" is defined by KRS 281.010(30).

(5) "Motor carrier" is defined by KRS 281.010(31).

(6) "Motor carrier vehicle" is defined by KRS 281.010(32).

(7) "Operating authority" means the authority granted to operate as a TNC in the commonwealth through the application process with the department.

(8) "Passenger" is defined by KRS 281.010(36).

(9) "Personal information" is defined by KRS 61.931(6).

(10) "Prearranged ride" is defined by KRS 281.010(40).

(11) "Pre-trip acceptance liability policy" is defined by KRS 281.010(41).

(12) "Regular seat" is defined by KRS 281.010(45).

(13) "Street hail" is defined by KRS 281.010(46).

(14) "Transportation network company" or "TNC" is defined by KRS 281.010(52).

(15) "Transportation network company driver" or "TNC driver" is defined by KRS 281.010(54).

(16) "Transportation network company service" or "TNC service" is defined by KRS 281.010(55).

(17) "Transportation network company vehicle" or "TNC vehicle" is defined by KRS 281.010(56).

(18) "Underinsured vehicle coverage" is defined by KRS 304.39-320(1).

(19) "Uninsured vehicle coverage" is defined by KRS 304.20-020(2).

Section 2. Application and Renewal.

(1) A TNC shall register as a business organization with the Kentucky Secretary of State.

(2) The department may waive the filing of the certificate of assumed name if a TNC:

(a) Demonstrates compliance with the relevant provisions of KRS Chapter 365;

(b) Certifies in writing to the department that Kentucky law either prohibits or does not require the filing; and

(3) To apply for a certificate to operate, a TNC shall submit directly to the Division of Motor Carriers:

(a) A completed Transportation Network Company Authority Application, TC 95-627;

(b) An application fee of $250 pursuant to KRS 281.630(3)(b); and

(c) A vehicle qualification fee of thirty (30) dollars per vehicle prorated for the month the vehicle is qualified pursuant to subsections (3) and (8) of KRS 281.631.

(4) A TNC with fifty-one (51) or more vehicles may qualify vehicles to operate by providing to the department through an online data access point:

(a) A completed Transportation Network Company Authority Application, TC 95-627;

(b) An application fee of $250 pursuant to KRS 281.630(3)(b); and

$3,000 for fifty-one (51) to 100 vehicles;
$4,500 for 101 to 150 vehicles;
$6,000 for 151 to 200 vehicles;
$7,500 for 201 to 250 vehicles;
$9,000 for 251 to 300 vehicles;
$10,500 for 301 to 350 vehicles;
$12,000 for 351 to 400 vehicles;
$15,000 for 401 to 500 vehicles; and
$22,500 for 501 or more vehicles.

(5) A TNC shall annually submit the following to the Division of Motor Carriers to renew a certificate:

(a) A completed Motor Carrier Passenger Certificate, Vehicle Qualification and Renewal Application, TC 95-605;

(b) A certificate renewal fee of $250 pursuant to KRS 281.630(4)(d); and

(c) A vehicle qualification fee of thirty (30) dollars per vehicle prorated for the month the vehicle is qualified pursuant to subsections (3) and (8) of KRS 281.631.

(6) If a TNC elects to use the bulk vehicle registration payment option in the TNC's initial or renewal TNC application, the TNC shall not be required to submit additional vehicle qualification information and fees to the Division of Motor Carriers in connection with vehicles that are added during the duration of the period for which the bulk payment was made.

(7) A TNC shall pay a renewal bulk fee by December 15 of each calendar year.

(8) A TNC vehicle shall be added to the TNC's current list by submitting the following to the Division of Motor Carriers:

(a) A completed Motor Carrier Passenger Certificate, Vehicle Qualification and Renewal Application, TC 95-605; and

(b) A vehicle qualification fee of thirty (30) dollars per vehicle prorated for the month the vehicle is qualified pursuant to subsections (3) and (8) of KRS 281.631.

(9) An application shall be submitted electronically, by mail, or by hand delivery.

(10) Operating authority obtained pursuant to this section shall not be transferable.

(11)

(a) The TNC shall submit the following documents if submitting an application for certificate, annual renewal, or adding a driver during the year:

An affidavit from the corporate officer in charge of Kentucky operations certifying that the national criminal background check of TNC drivers established in KRS 281.630 and 281.6301 shall be completed prior to allowing the TNC driver to accept rides through the TNC mobile application; and
One (1) copy of the current contractual agreement between the TNC and TNC drivers.

(b) A deficient application shall be returned to the applicant with no formal action taken by the department.

Section 3. Demonstration of Financial Responsibility and Insurance.

(1) A TNC shall maintain primary automobile insurance that:

(a) Recognizes that a driver is a TNC driver or using a vehicle to transport passengers for compensation; and

(b) Provides insurance coverage for a TNC driver who is:

Logged on to the TNCs mobile application; or
Engaged in a prearranged ride.

(2) The following pre-trip acceptance liability policy insurance coverage requirements shall apply if a TNC driver is logged on to the TNC's mobile application and available to receive transportation requests but not engaged in a prearranged ride:

(a) Primary automobile liability insurance in the minimum amounts required by KRS 281.655(12);

(b) Basic reparation benefits in accordance with KRS 304.39-020;

(d) Underinsured vehicle coverage in accordance with KRS 304.39-320.

(3) The pre-trip acceptance liability policy insurance coverage requirements of KRS 281.655(12) shall be satisfied by one (1) of the following:

(a) Automobile insurance maintained by the TNC;

(b) Automobile insurance maintained by the TNC driver; or

(4) The following automobile insurance requirements shall apply while a TNC driver is engaged in a prearranged ride:

(a) Primary automobile liability insurance in the minimum amounts required by KRS 281.655(4);

(b) Basic reparation benefits in accordance with KRS 304.39-020;

(d) Underinsured vehicle coverage in accordance with KRS 304.39-320.

(5) The prearranged ride liability insurance coverage requirements of KRS 281.655(4) shall be satisfied by one (1) of the following:

(a) Automobile insurance maintained by the TNC;

(b) Automobile insurance maintained by the TNC driver; or

(6) If the insurance maintained by a TNC driver has lapsed or does not provide the required coverage, the TNC shall provide the required insurance coverage beginning with the first dollar of a claim. The TNC shall have the duty to defend a claim for damages.

(7) Coverage under an automobile insurance policy maintained by the TNC shall not be dependent on a personal automobile insurer or policy first denying a claim.

(8) The insurance required by this section shall be placed with an insurer licensed pursuant to KRS 304.3-070, or with a surplus lines insurer eligible under KRS 304.10-010 through 304.10-070.

(9) A TNC driver shall carry proof of insurance coverage satisfying KRS Chapter 304, KRS 281.655, and this administrative regulation during his or her use of a vehicle in connection with a TNC's mobile application. If an accident occurs, and upon request, a TNC driver shall provide this insurance coverage information directly to interested parties, automobile insurers, and investigating police officers.

(10) A TNC driver shall disclose directly to interested parties, automobile insurers, the department, and investigating police officers, whether or not he or she was logged on to the TNC's mobile application or on a prearranged ride at the time of an accident.

Section 4. Insurance Exclusions.

(1) A Kentucky automobile insurer may exclude the following coverage under a TNC driver's insurance policy for loss or injury that occurs while a TNC driver is logged on to a TNC's mobile application or while a TNC driver provides a prearranged ride:

(a) Liability coverage for bodily injury and property damage;

(b) Personal injury protection coverage as established in KRS Chapter 304;

(d) Medical payments coverage;

(e) Comprehensive physical damage coverage; and

(f) Collision physical damage coverage.

(2) Nothing in this administrative regulation shall require a personal automobile insurer to provide coverage while a driver is:

(a) Logged on to the TNC mobile application;

(b) Engaged in a prearranged ride; or

(3) Nothing in this administrative regulation shall preclude an insurer from providing coverage for the TNC driver's vehicle.

(4) An automobile insurer whose policy excludes coverage for a TNC vehicle or TNC driver shall have no duty to defend or indemnify a claim for personal or property damages.

(5) An automobile insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same driver.

(6) In a claims coverage investigation, the TNC and an insurer potentially providing coverage shall cooperate to facilitate the exchange of relevant information with directly involved parties.

(7) Information relevant to a claims coverage situation shall include:

(a) The name of the insurer or potential insurer of the TNC driver;

(b) The precise times the TNC driver logged off and on the TNC mobile application in the twelve (12) hour period immediately before and after the incident; and

(8) The Transportation Cabinet shall issue an RFQ to device manufactures to certify manufacturers eligible to provide ignition interlock services and commodities required for the implementation and maintenance of the state's ignition interlock program.

Section 5. Vehicles.

(1) A vehicle used by a driver for TNC services shall be qualified by the department to operate by submitting a completed Transportation Network Company Authority Application, TC 95-627 and submitting the fees required in Section 2 of this administrative regulation.

(2) The TNC shall ensure that the vehicles used by TNC drivers to transport passengers shall be subject to an annual inspection by a mechanic.

(3) The annual inspection shall be completed on the vehicle inspection form provided in Transportation Network Company Authority Application, TC 95-627, or a vehicle inspection form provided by the TNC within thirty (30) days of the qualification of a vehicle for TNC services.

(4) A TNC shall collect and maintain information on the vehicles being used to provide service by TNC drivers including:

(a) The VIN and license plate number; and

(b) Records of official vehicle inspections by the automotive technician.

(5) Records of vehicle inspection and VIN and license plate numbers shall be kept by the TNC for a minimum of three (3) years from the date of inspection, and the TNC shall make the records available to the department or its representative on request. The information and records may be submitted as personal or proprietary information pursuant to KRS 61.878(1)(c)1 and 61.931(6).

(6) A vehicle used to provide TNC services shall be readily identifiable by the following:

(a) A company specific emblem or decal affixed to the front windshield on the passenger side of the vehicle provided by the TNC; and

(b) An electronic copy of the current TNC certificate.

(7) A driver who is no longer providing TNC service shall destroy or return the decal or emblem to the TNC.

(8) A TNC shall ensure that the vehicles used by drivers to provide TNC services shall:

(a) Have at least four (4) doors; and

(b) Be designed to carry no more than eight (8) persons including the driver.

Section 6. TNC Drivers.

(1) A TNC shall require each driver to undergo a national criminal background check before providing TNC services pursuant to KRS 281.6301.

(2) The TNC shall certify the criminal background check during the application process established in Section 2 of this administrative regulation. The national criminal background check shall be either:

(a) A comprehensive background check using fingerprint analysis; or

(b) An individual analysis using a social security number.

(3) The analysis required in subsection (1) of this section shall be conducted by a business or firm engaged in determining criminal background history.

(4) A TNC shall also require that each TNC driver:

(a) Is at least twenty-one (21) years old;

(b) Is the owner or lessee of the TNC vehicle or has a statement from the registered owner authorizing the use of the vehicle for TNC services pursuant to KRS 281.631;

(d) Has a valid state-issued driver's license and vehicle registration;

(e) Has personal vehicle insurance coverage as established in Section 3 of this administrative regulation;

(f) Has completed a driver safety training course approved by the department such that the certification or proof of completing the safety training course shall be valid for a period of five (5) years from the date from which the driver completed the training; and

(g) Is in compliance with applicable state law and local ordinances related to the operation of a motor vehicle.

(5) A current list of drivers shall be kept on file with the TNC and made available for inspection by the department on request. A TNC driver's electronic file shall include the following:

(a) A current driving history record to be updated annually;

(b) The current address of the driver;

(d) Proof of his or her personal vehicle insurance coverage;

(e) Proof of personal vehicle registration;

(f) Proof of the written or electronic affirmation that a TNC driver is fit and able to operate a motor vehicle to provide TNC services;

(g) Verification of the criminal background check required in subsection (1) of this section;

(h) Records indicating if a driver has refused to accept a prearranged ride and the reason for doing so;

(i) Records of complaints against a driver; and

(j) A copy of the most current vehicle inspection.

Section 7. Passenger Service.

(1) A TNC shall adopt a policy of non-discrimination based on the following:

(a) Destination;

(b) Race or color;

(d) Religious belief or affiliation;

(e) Sex and sexual orientation or identity;

(f) Disability;

(g) Age; and

(h) The presence of a passenger's service animal.

(2) A TNC shall notify TNC drivers of the adopted policy of non-discrimination established in subsection (1) of this section.

(3) After acceptance, a TNC driver may refuse to transport a passenger who is acting in an unlawful, disorderly, or endangering manner but shall comply with the non-discriminatory policy in subsection (1) of this section. A driver may also refuse to transport a passenger with a service animal if the driver has a documented medical allergy.

(4) A TNC driver shall not transport a passenger under the age of fourteen (14) unless accompanied by a person over the age of eighteen (18).

(5) A TNC shall establish policies regarding TNC driver behavior that shall include the following prohibitions:

(a) Being under the influence of alcohol or another substance or combination of substances that impair the driving ability while providing TNC services;

(b) Accepting a street hail by a potential rider;

(d) Providing services for cash.

(6) A driver shall immediately report the following to the driver's affiliated TNC:

(a) A refusal to transport a passenger and the reasons for the refusal within forty-eight (48) hours after the refusal if the refusal occurred after the ride had been accepted by the driver;

(b) Information regarding a driving citation, incident, or accident within twenty-four (24) hours after the event; or

(7) A TNC shall provide the following information to the public on its Web site and mobile device application software:

(a) A schedule of its rates or the method used to calculate rates and peak pricing; and

(b) Information indicating a zero tolerance policy related to drug and alcohol usage by its drivers while performing TNC services and a passenger support telephone number or email address where a suspected violation may be immediately reported.

(8) A TNC shall provide the following information to a person requesting a ride through its mobile application:

(a) The expected cost of the trip if requested by a potential passenger;

(b) The first name and a photograph of the TNC driver accepting the ride request; and

(9) At the completion of the prearranged ride, a TNC shall electronically provide the passenger with a receipt showing:

(a) The point of origin and destination of the ride;

(b) The duration and distance of the ride;

(d) The driver's first name.

Section 8. Terms of Service.

(1) The TNC shall not require a hold harmless or indemnification clause in the terms of service for a TNC driver or passenger that may be used to evade the insurance requirements of this administrative regulation and KRS Chapter 281.

(2) A TNC shall not disclose to a third party the personally identifiable information of a user of the TNC's mobile application unless:

(a) The TNC obtains the user's consent to disclose personally identifiable information;

(b) The disclosure is required to comply with a legal obligation; or

(c) The disclosure is required to protect or defend the terms of use of the service or to investigate violations of the terms of use.

(3) A TNC may disclose a passenger's name and telephone number to the TNC driver to facilitate correct identification of the passenger by the driver or to facilitate communication between the passenger and the driver.

Section 9. Penalties.

(1) A TNC that operates in violation of the requirements of this administrative regulation shall be fined $200 pursuant to KRS 281.990(1).

(2) A TNC that operates in violation of the terms of its certificate or permit or operates without a valid permit shall be fined $500 per occurrence pursuant to KRS 281.990(2).

(3) A TNC that fails to produce requested records and information pursuant to KRS 281.820 within forty-eight (48) hours of the request by the department shall be fined $200.

(4) A TNC shall be responsible for an affiliated TNC driver's failure to comply with this administrative regulation if the driver's violation has been previously reported to the TNC in writing and the TNC has failed to take action within ten (10) days of the report.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Transportation Network Company Authority Application", TC 95-627, October, 2020; and

(b) "Motor Carrier Passenger Certificate, Vehicle Qualification and Renewal Application", TC 95-605, October, 2020.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may also be obtained by accessing the department's Web site at http://transportation.ky.gov/.

History

RELATES TO: KRS 17.500, 61.878(1)(c)1., 61.931(6), 186.050, 189.290, 189A.010, 281.010, 281.600, 281.630, 281.6301, 281.631, 281.640, 281.650, 281.655, 281.656, 281.990, 304.3-070, 304.10-010-304.10-070, 304.20-020, 304.39-020(2), 304.39-040, 304.39-320, Chapter 365, 532.060
STATUTORY AUTHORITY: KRS 281.600, 281.630, 281.655
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600 authorizes the Department of Vehicle Regulation to promulgate administrative regulations to regulate and establish requirements for the safe operation of motor carriers. KRS 281.630 authorizes the department to establish requirements for a transportation network company to apply for authority to operate in Kentucky. KRS 281.655 requires the department to establish standards for pre-trip acceptance policies and prearranged ride liability policies for transportation network companies. This administrative regulation establishes the standards and application requirements for a transportation network company to operate in Kentucky.
History: 42 Ky.R. 1567; 1732; eff. 1-4-2016; 43 Ky.R. 2056, 44 Ky.R. 92; eff. 7-6-2017; 47 Ky.R. 1505, 1938; eff. 7-6-2021.

601 KAR 1:114 Peer-to-peer services {#sec-601-kar-1-114 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:114}

Section 1. Definitions.

(1) "Certificate" is defined by KRS 281.010(9).

(2) "Motor carrier" is defined by KRS 281.010(34).

(3) "Operating authority" means the authority to operate under a peer-to-peer car sharing certificate.

(4) "Peer-to-peer car sharing" is defined by KRS 281.010(40).

(5) "Peer-to-peer car sharing certificate" is defined by KRS 281.010(41).

(6) "Peer-to-peer car sharing company" is defined by KRS 281.010(42).

(7) "Peer-to-peer car sharing program" is defined by KRS 281.010(43).

(8) "Personal information" is defined by KRS 61.931(6).

(9) "Shared vehicle" is defined by KRS 281.010(54).

(10) "Shared vehicle driver" is defined by KRS 281.010(55).

(11) "Shared vehicle owner" is defined by KRS 281.010(56).

Section 2. Application and Renewal.

(1) To apply for a certificate to operate, a peer-to-peer car sharing company shall:

(a) Submit an application electronically using the Kentucky Motor Carrier Portal at https://drive.ky.gov/;

(b) Pay an application fee of $250 pursuant to KRS 281.630(3)(b); and

(c) Pay a vehicle qualification fee of fifteen (15) dollars per vehicle or use the bulk vehicle qualification payment option in subsection (2).

(2) A peer-to-peer car sharing company with fifty-one (51) or more vehicles may qualify vehicles to operate by paying a calendar year bulk qualification fee pursuant to the following schedule:

(a) $1,500 for fifty-one (51) to 100 vehicles;

(b) $2,250 for 101 to 150 vehicles;

(d) $3,750 for 201 to 250 vehicles;

(e) $4,500 for 251 to 300 vehicles;

(f) $5,250 for 301 to 350 vehicles;

(g) $6,000 for 351 to 400 vehicles;

(h) $7,500 for 401 to 500 vehicles; and

(i) $11,250 for 501 or more vehicles.

(3) A peer-to-peer car sharing company shall submit the following using the Kentucky Motor Carrier Portal at https://drive.ky.gov/ to renew a certificate no later than December 31 of each renewal year:

(a) A certificate renewal fee of $250 pursuant to KRS 281.630(4)(d); and

(b) A vehicle qualification fee of fifteen (15) dollars per vehicle, or a renewal bulk fee pursuant to the schedule in subsection (2).

(4) If a peer-to-peer car sharing company elects to use the bulk vehicle qualification payment option in the initial or renewal application, the peer-to-peer car sharing company shall not be required to submit additional vehicle qualification information and fees to the Division of Motor Carriers in connection with vehicles that are added during the duration of the period for which the bulk payment was made.

(5) A peer-to-peer car sharing company shall pay a renewal bulk fee by December 31 of each calendar year.

(6) If a peer-to-peer car sharing company does not elect to use the bulk vehicle qualification payment option in the initial or renewal application, a peer-to-peer vehicle shall be added to the peer-to-peer car sharing company's current list by submitting a vehicle qualification fee of fifteen (15) dollars per vehicle prorated for the month the vehicle is qualified pursuant to KRS 281.631(3) and (8) to the Division of Motor Carriers using the Kentucky Motor Carrier Portal at https://drive.ky.gov/.

(7) Operating authority obtained pursuant to this section shall not be transferable.

Section 3. Demonstration of Financial Responsibility and Insurance. Before a certificate may be issued or renewed, a peer-to-peer car sharing company shall file or have on file with the department proof of insurance that demonstrates that the peer-to-peer car sharing company meets the motor vehicle insurance coverage requirements in KRS 365.522.

Section 4. Recordkeeping. Pursuant to KRS 365.524(2), a peer-to-peer car sharing company shall collect and verify records pertaining to the use of a shared vehicle and provide the information collected to facilitate a claim coverage investigation, settlement, negotiation, or litigation, as provided in that subsection.

Section 5. Service.

(1) A peer-to-peer car sharing company shall adopt a policy of non-discrimination based on the following:

(a) Race or color;

(b) National origin;

(d) Sex; and

(e) Disability.

(2) A peer-to-peer car sharing company shall make the notifications and disclosures to shared vehicle drivers and shared vehicle owners provided in KRS 365.524.

Section 6. Terms of Service. A peer-to-peer car sharing company shall not disclose to a third party the personal information of a shared vehicle driver or shared vehicle owner unless:

(1) The peer-to-peer car sharing company obtains the shared vehicle driver's or shared vehicle owner's consent to disclose or provides notice in its privacy policy about the disclosure ;

(2) The disclosure is required to comply with a legal obligation; or

(3) The disclosure is required to protect or defend the terms of use of the service or to investigate violations of the terms of use.

Section 7. Penalties.

(1) A peer-to-peer car sharing company that operates in violation of the requirements of this administrative regulation shall be fined pursuant to KRS 281.990(1).

(2) A peer-to-peer car sharing company that operates in violation of the terms of its certificate or permit or operates without a valid permit shall be fined pursuant to KRS 281.990(2).

(3) A peer-to-peer car sharing company that fails to produce requested records and information pursuant to KRS 281.820 within one week of the request by the department shall be fined $200.

History

RELATES TO: KRS 186.050, 189.290, 189A.010, 281.010, 281.600, 281.630, 281.6301, 281.631, 281.640, 281.655, 281.656, 281.990, 304.3-070, 304.10-070, 304.20-020, 304.39-020(2), 304.39-040, 304.39-320, 365.522, 365.524
STATUTORY AUTHORITY: KRS 281.600(1), 281.630, 281.655
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600(1) authorizes the Department of Vehicle Regulation to promulgate administrative regulations to regulate and establish requirements for the safe operation of motor carriers. KRS 281.630 authorizes the department to establish requirements for a transportation network company to apply for authority to operate in Kentucky. KRS 281.655 requires the department to establish standards for pre-trip acceptance policies and prearranged ride liability policies for transportation network companies. This administrative regulation establishes the standards and application requirements for a transportation network company to operate in Kentucky.
History: 601 KAR 001:114. 52 Ky.R. 1245, 1840, 2052; eff. 8-4-2026.

601 KAR 1:140 U-drive-it permit application procedures {#sec-601-kar-1-140 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:140}

Section 1.

(1) The application for a permit to engage in the business of U-drive-it as defined by KRS 281.014(4) or for the annual renewal of the permit shall be made on Transportation Cabinet form TC 95-16, "Application for U-drive-it".

(2) A motor vehicle dealer who applies for a U-drive-it permit or annual permit renewal in order to pay usage tax on a loaner motor vehicle pursuant to KRS 138.463 shall provide the information required by Section 1(2) of 1998 Ky. Acts ch. 166 on Transportation Cabinet form TC 95-16-L, "Application for U-drive-it - Loaner".

(3) The application or renewal application fee established by KRS 281.620(2) made by check or money order shall be made payable to "Kentucky State Treasurer."

Section 2. An application which is protested or which is brought into question by the cabinet shall be set for a hearing pursuant to 601 KAR 1:030.

Section 3. Material Incorporated by Reference.

(1) The following material is incorporated by reference in this administrative regulation:

(a) Transportation Cabinet form TC 95-16, "Application for U-drive-it", November 1993 edition; and

(b) Transportation Cabinet form TC 95-16-L, "Application for U-drive-it – Loaner", July 1998 edition.

(2) Copies of the material incorporated by reference may be inspected, copied, or obtained at the Division of Motor Carriers, Third Floor, State Office Building, 501 High Street, Frankfort, Kentucky 40622. The mailing address is Division of Motor Carriers, Qualification/Permit Branch, P.O. Box 2007, Frankfort, Kentucky 40602. The hours of operation are 8 a.m. to 4:30 p.m. on weekdays. The telephone number is (502) 564-4540.

History

RELATES TO: KRS 138.463, 281.615, 281.626, 281.650, 281.655, 1998 Ky. Acts ch. 166
STATUTORY AUTHORITY: KRS 281.600, 1998 Ky. Acts ch. 166, sec. 5
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600 and 1998 Ky. Acts ch. 166, sec. 5 requires the department to promulgate administrative regulations for the collection of usage taxes on a loaner vehicle and application for a U-drive-it permit. This administrative regulation establishes the procedure and designates the forms for an applicant or motor vehicle dealer to apply for a U-drive-it permit.
History: 13 Ky.R. 1334; eff. 2-10-1987; 16 Ky.R. 1411; eff. 3-8-1990; 25 Ky.R. 420; 1039; eff. 11-20-1998; Crt eff. 9-9-2019; Crt eff. 8-27-2026.

601 KAR 1:146 Fair market rental or lease value of vehicles operated pursuant to a U-drive-it permit {#sec-601-kar-1-146 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:146}

Section 1. Definitions.

(1) "Lease" is defined by KRS 138.462(3).

(2) "Rental" is defined by KRS 138.462(2).

(3) "Renting" or "leasing" means a U-drive-it permit holder who:

(a) Rents or leases a vehicle as part of an established business to a retail customer wishing to rent or lease a vehicle; and

(b) Maintains the records required by 601 KAR 1:147, Section 2.

(4) "Vehicle classification" means the motor vehicle classification system established by the National Automobile Dealers Association in its monthly NADA Official Used Car Guide.

Section 2. Fair Market Value Rental Amount of a Permit Holder.

(1) If a U-drive-it permit holder is regularly engaged in the business of renting motor vehicles to retail customers, the Transportation Cabinet Division of Road Fund Audits shall audit the records of the permit holder to determine an average rental amount that establishes the fair market value rental amount for the permit holder.

(2) The fair market value rental amount shall be used to assess the usage tax assessed pursuant to KRS 138.463 on an individual transaction of a U-drive-it permit holder regularly engaged in the business of renting vehicles to retail customers if:

(a) The transaction is for less than the fair market value of the rental of the motor vehicle; or

(b) The records required by 601 KAR 1:147, Section 2, for the transaction are missing or incomplete.

Section 3. Fair Market Value Established by Cabinet as Rental Amount.

(1)

(a) The Transportation Cabinet Division of Road Fund Audits shall randomly select U-Drive-It permit holders regularly engaged in the business of renting vehicles to retail customers to determine the industry average fair market value rental amount for a specific vehicle classification.

(b) The value for a specific vehicle classification shall be the fair market value established by the cabinet as the rental amount for a specific vehicle classification.

(2) The industry average fair market value established by the cabinet as the rental amount for a specific vehicle classification shall be used to assess the tax assessed by KRS 138.463 for the following:

(a) A transaction by a permit holder who is not regularly engaged in the business of renting vehicles to retail customers; or

(b) A vehicle used by a permit holder regularly engaged in the business of renting vehicles to retail customers who are not correctly reporting the U-drive-it usage tax on a monthly tax return.

(3) The current industry average fair market value established by the cabinet is listed in Fair Market Value Transportation Cabinet Established Rental and Lease Amounts.

Section 4. Fair Market Value Lease Amount.

(1) If a U-drive-it permit holder is regularly engaged in the business of leasing vehicles to retail customers, the Transportation Cabinet Division of Road Fund Audits shall audit the records of the permit holder to determine an average lease amount per $1,000 value of the manufacturer's suggested retail price of the permit holder's lease vehicles.

(2) The fair market value lease amount shall be used to assess the U-drive-it usage tax required by KRS 138.463 on an individual transaction of a U-drive-it permit holder regularly engaged in the business of leasing vehicles to retail customers if:

(a) The transaction is for less than the fair market value of the lease of the motor vehicle; or

(b) The records required to be maintained by 601 KAR 1:147, Section 2(2), are missing or incomplete.

Section 5. Fair Market Value Transportation Cabinet Established Lease Amount.

(1)

(a) The Transportation Cabinet Division of Road Fund Audits shall survey the executed lease agreements of randomly selected U-drive-it permit holders regularly engaged in the business of leasing vehicles to retail customers to determine the industry average dollar lease amount per $1,000 value of the manufacturer's suggested retail price of a vehicle.

(b) The value established as the industry average dollar lease amount per $1,000 of the manufacturer's suggested retail price shall be the fair market value Transportation Cabinet established lease amount per $1,000 of the manufacturer's suggested retail price.

(2) The usage tax assessed pursuant to KRS 138.463 for a lease vehicle of a permit holder not regularly engaged in the business of leasing vehicles to retail customers shall be the greater of the following:

(a) The established fair market value lease amount per $1,000 value of the manufacturer's suggested retail price of the vehicle; or

(b) The monthly lease amount assessed by the permit holder.

(3) The established lease amount per $1,000 value of the manufacturer's suggested retail price shall be listed in Fair Market Value Transportation Cabinet Established Rental And Lease Amounts.

Section 6. Incorporation by Reference.

(1) "Fair Market Value Transportation Cabinet Established Rental And Lease Amounts", August 2012, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Division of Road Fund Audits, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238, office hours are Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 138.462(2), (3), 138.463, 138.4631, 281.615-281.670
STATUTORY AUTHORITY: KRS 138.463(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 138.463(9) requires the fair market rental or lease value of a motor vehicle to be based on standards established by an administrative regulation promulgated by the Transportation Cabinet. This administrative regulation establishes the standards for use in determining the minimum amount of usage tax to be reported and paid on a rental or lease vehicle.
History: 601 KAR 001:146. 24 Ky.R. 1183; 1524; 2365; eff. 5-18-1998; 39 Ky.R. 1497; 1880; eff. 4-5-2013; Crt. eff. 2-18-2019; Crt. eff. 1-9-2026.

601 KAR 1:147 Auditing of U-drive-it permit holders {#sec-601-kar-1-147 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:147}

Section 1. Definitions.

(1) "Lease" is defined by KRS 138.463(3).

(2) "Rental" is defined by KRS 138.462(2).

Section 2. Recordkeeping.

(1) Rental records.

(a) A holder of a U-drive-it permit who rents a vehicle shall:

Use a consecutive, preprinted numbering system for a rental agreement;
For each motor vehicle included in the permit holder's rental fleet, retain a copy of the original manufacturer's invoice or a document that shows the manufacturer's suggested retail price of the motor vehicle plus the cost of options included on the motor vehicle; and
Retain a copy of the rental agreement including a void or damaged agreement.

(b) The following information shall be included on a rental agreement:

Rental agreement number;
Beginning date of the rental;
Ending date of the rental;
Identification of the specific rental vehicle that includes the following:

a. Vehicle identification number;

b. Make;

c. Model; and

d. Year;

Odometer reading of the rental vehicle at the beginning of the rental agreement;
Odometer reading of the rental vehicle at the end of the rental agreement;
Amount charged for the rental agreement;
Method of calculation of the rental amount charged that includes mileage charges and number of days used; and
Identification of the person renting the vehicle.

Replacement vehicle information; and
Information that will alter the original rental agreement.

(d) The record of a rental transaction shall be maintained for a period not less than six (6) years after the due date of the U-drive-it tax return.

(2) Lease records. A holder of a U-drive-it permit who leases a vehicle shall retain a copy of the leasing agreement and other information required by this subsection.

(a) A lease agreement shall include the following information:

Complete name and address of the lessee;
Beginning date of the lease;
Ending date or term of the lease;
Identification of the lease vehicle that includes the following:

a. Vehicle identification number;

b. Make;

c. Model;

d. Year; and

e. Manufacturer's suggested retail price;

Final lease termination calculation and date;
Monthly payment amount subject to the tax imposed by KRS 138.463;
Down payment or trade-in information;
Dated signature of the lessee and the lessor; and
Date of first lease payment, if different from agreement beginning date.

(b) The following, if applicable, shall be attached to the lease agreement:

Certificate of title of the leased vehicle;
A lease amount calculation worksheet;
A lease extension agreement;
Documentation of a lease early termination; and
Information that would alter the original lease agreement.

(c) The record of a lease transaction shall be maintained for a period not less than six (6) years after the due date of the U-drive-it tax return.

Section 3. Audits of Permit Holders.

(1) The Division of Road Fund Audits shall notify the permit holder of the date, time, and location of the audit. At least fifteen (15) days' advance notice shall be given to the permit holder.

(2) The audit period shall not exceed four (4) or six (6) years as established in KRS 138.463(6).

(3) A permit holder who fails to make available the required records, or sufficient alternative records, requested by the auditor shall receive a tax assessment or have the permit cancelled pursuant to KRS 138.463(7).

(4)

(a) A missing or incomplete record shall result in an assessment based on KRS 138.460 or 138.463, whichever is appropriate as determined by the audit.

(b) In computing the assessment for a specific transaction, a permit holder shall receive credit for a tax previously remitted to the Transportation Cabinet for that transaction.

(5) If an audit is conducted, the auditor shall conduct and document a pre-audit telephone conference with the permit holder outlining:

(a) The operation;

(b) Audit procedures;

(d) Sample period; and

(e) Sampling procedures.

(6) The permit holder and auditor shall determine during the pre-audit telephone conference which parties shall be:

(a) Responsible for the final acceptance of audit findings; and

(b) Involved in the fieldwork close-out conference.

(7) If the audit is conducted, the auditor shall conduct and document a fieldwork close-out conference with the permit holder outlining preliminary findings to include:

(a) Recommendations;

(b) Right of appeal; and

(8) The Transportation Cabinet shall furnish the permit holder with a letter of audit findings and recap schedules. If requested, the cabinet shall supply detailed work papers to the permit holder that serve as backup material to the recap schedules.

(9) If an audit indicates that additional tax is owed, the Transportation Cabinet shall issue a Notice of Tax Due statement.

(10) Within forty-five (45) days of the notice of tax due statement, a permit holder shall pay the tax due, or protest in writing pursuant to Section 4 of this administrative regulation.

Section 4. Protest or Appeal of Audit Results.

(1)

(a) A written protest may be filed by a taxpayer or a person representing a taxpayer.

(b) A protest shall include:

A supporting statement that includes the grounds upon which the protest is made as required by KRS 131.110(1); and
Documents that identify the adjustment requested, or the portion of the audit protested.

(c) A protest shall be filed with the cabinet's Division of Road Fund Audits within forty-five (45) days from the date of the notice of tax due statement.

(2) If the supporting statements and documents are not sufficient to change the assessment results, the taxpayer may request an information gathering, or protest conference, with the Division of Road Fund Audits in writing by regular mail, facsimile, or electronic mail.

(3) The Division of Road Fund Audits shall issue a final ruling to the taxpayer within sixty (60) days from the date the taxpayer submits additional information, or within sixty (60) days of the protest conference.

History

RELATES TO: KRS 131.340, 138.462, 138.463, 138.4631, 186.005, 186.281, 281.615-281.670
STATUTORY AUTHORITY: KRS 138.463(5), 186.281(2)(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 138.463 requires the Transportation Cabinet to establish standards for fair market rental or lease value and assess, collect, and audit the monthly U-drive-it usage tax. This administrative regulation establishes the recordkeeping requirements for a permit holder and the audit procedures of the Transportation Cabinet.
History: 601 KAR 001:147. 24 Ky.R. 1185; 1525; 2366; eff. 5-18-1998; 40 Ky.R. 128; eff. 10-1-2013; Crt eff. 2-18-2019; Crt. eff. 1-9-2026.

601 KAR 1:200 Administration of taxes imposed in KRS 138.655 through 138.7291 {#sec-601-kar-1-200 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:200}

Section 1. Definitions.

(1) "Apportioned" means to divide and distribute fees to member International Registration Plan jurisdictions according to mileage operated.

(2) "Amended return" means a corrected tax return.

(3) "Base jurisdiction" or "base state" means the member jurisdiction where qualified motor vehicles are based for vehicle registration purposes and where:

(a) The operational control and operational records of the fuel tax licensee's qualified motor vehicles are maintained or can be made available; and

(b) Some travel is accrued by qualified motor vehicles within the fleet.

(4) "Ceased operation" means that the licensee no longer operates in Kentucky.

(5) "Combined licensed weight" means the greater of the registered weight of the vehicle or the maximum gross weight of the vehicle and load.

(6) "Fuel tax license" means either an IFTA license or a KIT license.

(7) "IFTA" means the International Fuel Tax Agreement.

(8) "IFTA license" means a motor fuel tax license issued in accordance with the IFTA Articles of Agreement and the IFTA Procedures Manual.

(9) "Jurisdiction" means a state of the United States, the District of Columbia, or a province or territory of Canada, or a state of the United Mexican States.

(10) "KIT license" means the Kentucky intrastate tax license issued by the Kentucky Transportation Cabinet to an intrastate motor carrier subject to the taxes imposed by KRS 138.660(1) and (2).

(11) "KYU license" means the Kentucky Highway Use License issued by the Kentucky Transportation Cabinet to a motor carrier subject to the tax imposed by KRS 138.660(3).

(12) "Motor carrier" is defined by KRS 138.655(5).

(13)

(a) "Qualified motor vehicle" means a motor vehicle operated by a motor carrier that is used, designed, or maintained for the transportation of persons or property and that meets at least one (1) of the following criteria:

A single vehicle having two (2) axles and a gross vehicle weight or a registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms;
A single vehicle having three (3) or more axles, regardless of weight; or
A vehicle used in combination, if the weight of the combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle weight or registered gross vehicle weight.

(b) A qualified motor vehicle does not mean:

A recreational vehicle;
A motor vehicle registered pursuant to KRS 186.050(4) or under another jurisdiction's law as a farm vehicle; or
A motor vehicle used to transport persons for hire.

(14) "Quarterly reporting period" means a period of time consistent with the calendar quarterly periods of January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31.

(15) "Tax-paid fuel" means motor fuel purchased either in bulk or over-the-road by a motor carrier on which the motor fuel taxes imposed by a jurisdiction are paid at purchase.

Section 2. Governing IFTA Documents. The following IFTA documents prepared and adopted by the membership of the International Fuel Tax Association shall govern the administration of Kentucky's collection of the taxes imposed by KRS 138.660(1) and (2) unless otherwise specified in this administrative regulation:

(1) International Fuel Tax Agreement Articles of Agreement;

(2) International Fuel Tax Agreement Procedures Manual; and

(3) International Fuel Tax Agreement Audit Manual.

Section 3. Fuel Tax License.

(1)

(a) A motor carrier that operates a qualified motor vehicle in interstate commerce and has Kentucky as the base jurisdiction for the operation of its qualified motor vehicles shall apply each year to the Division of Motor Carriers for an IFTA license or license renewal.

(b) A motor carrier that operates exclusively in intrastate commerce may apply for an IFTA license.

(d)

An incomplete or deficient Kentucky Trucking Application, TC Form 95-1, shall be returned to the applicant within thirty (30) days of submission to the cabinet.
The applicant shall correct any filing deficiencies and resubmit the form to the cabinet within thirty (30) days of receipt.

(2)

(a) A motor carrier that operates all of its qualified motor vehicles exclusively in intrastate commerce and that does not apply for an IFTA license pursuant to subsection (1) of this section shall apply each year for a KIT license or its renewal.

(b) An applicant for a KIT license shall submit Kentucky Trucking Application, TC Form 95-1.

(c)

An incomplete or deficient Kentucky Trucking Application, TC Form 95-1 shall be returned to the applicant within thirty (30) days of submission to the cabinet.
The applicant shall correct any filing deficiencies and resubmit the form to the cabinet within thirty (30) days of receipt.

(3) A fuel tax license shall expire on December 31 of the year in which the license was issued.

(4)

(a) The original or a legibly reproduced copy of a fuel tax license issued by the Kentucky Transportation Cabinet or an IFTA license issued by another jurisdiction shall be carried in each qualified motor vehicle when operating on any public highway of Kentucky.

(b) An IFTA license issued by Kentucky authorizes a qualified motor vehicle for motor fuel tax purposes to be operated in any IFTA jurisdiction.

(5)

(a) The Transportation Cabinet shall issue two (2) decals per qualified motor vehicle to a holder of a fuel tax license.

(b)

Unless the qualified motor vehicle is being operated on a trip permit pursuant to KRS 138.665 and Section 10 of this administrative regulation, a fuel tax decal issued by the Transportation Cabinet or a decal issued by another IFTA jurisdiction denoting proof of issuance of an IFTA license shall be displayed on the lower rear exterior portion of both sides of the cab of each qualified motor vehicle.
The decal shall be located so as to be totally visible and the view of the decal shall not be obstructed by any part of the truck.

(d) A new decal shall be issued each calendar year.

(6) Each fuel tax licensee that does not have a U.S. Department of Transportation motor carrier identification number or an Interstate Commerce Commission motor carrier identification number shall submit a Kentucky Trucking Application, Form TC 95-1, to apply for an interstate or intrastate motor carrier identification number.

(a)

An incomplete or deficient Kentucky Trucking Application, TC Form 95-1 shall be returned to the applicant within thirty (30) days of submission to the cabinet.
The applicant shall correct any filing deficiencies and resubmit the form to the cabinet within thirty (30) days of receipt.

(b) The intrastate motor carrier identification number assigned to a KIT licensee shall be displayed on each qualified motor vehicle operated by the KIT licensee as required in 49 C.F.R. Part 390.21, except the KIT identification number shall be preceded by the letters "USDOT" and followed by the letters "KY".

(c) A fuel tax licensee shall display the name of the motor carrier on each of its qualified motor vehicle in accordance with the provisions of 49 C.F.R. part 390.21.

(7)

(a) Each fuel tax licensee shall immediately report any change in the principal business address, legal status, or business name to the Transportation Cabinet.

(b) All motor carrier operations shall be conducted in the name in which the fuel tax license is issued or the duly assumed business name of the licensee as it appears on the license.

(c) A licensee shall use the name utilized in the application for the license in all documents relating to its operation. Both this name and the fuel tax license number shall be used in correspondence with the Transportation Cabinet.

Section 4. KYU License.

(1) A motor carrier subject to the tax imposed by KRS 138.660(3) shall apply for a KYU license prior to operating on the highways of Kentucky.

(2) An applicant for a KYU license shall submit a Kentucky Trucking Application, TC Form 95-1.

(3)

(a) An incomplete or deficient Kentucky Trucking Application, TC Form 95-1 shall be returned to the applicant within thirty (30) days of submission to the cabinet.

(b) The applicant shall correct any filing deficiencies and resubmit the form to the cabinet within thirty (30) days of receipt.

(4)

(a) A KYU licensee shall assign a unique number to each individual motor vehicle subject to the tax in KRS 138.660(3).

(b) The unique vehicle identification number shall:

Be displayed on the front of the vehicle readily legible in daylight hours from a distance of 100 feet when the vehicle is not in motion;
Be in sharp contrast to the background of the vehicle; and
Not be placed higher than the bottom of the windshield or lower than the bottom of the front bumper.

(5) A KYU licensee shall display the KYU number on each motor vehicle subject to the tax imposed by KRS 138.660(3) and operated in the same manner as required by to 49 C.F.R. Part 390.21.

(6)

(a) A KYU licensee shall immediately report any change in the principal business address, legal status, or business name to the Transportation Cabinet.

(b) All motor carrier operations subject to KRS 138.660(3) shall be conducted in the name in which the KYU license is issued or the duly assumed business name of the licensee as it appears on the license.

(c) A KYU licensee shall use the name utilized in the application for the license in all documents relating to the licensee's operations. Both this name and the KYU license number shall be used in correspondence with the Transportation Cabinet.

(7)

(a)

A KYU licensee shall register each vehicles subject to the tax imposed by KRS 138.660(3) with the Transportation Cabinet.
The registration shall be reported on Vehicle Additions or Deletions Subject to Kentucky Weight Distance (KYU) Tax, TC Form 95-38 or electronically at http://transportation.ky.gov/dmc/.

(b) If the licensee sells, leases, or buys a vehicle subject to the tax imposed by KRS 138.660(3), the KYU licensee shall immediately file Vehicle Additions or Deletions Subject to Kentucky Weight Distance (KYU) Tax, TC Form 95-38, with the Transportation Cabinet showing the addition to or deletion from its fleet.

Section 5. Leasing of Motor Vehicles. The following shall apply to a lessor, lessee, independent contractors, and household goods agents:

(1)

(a) A lessor that is regularly engaged in the business of leasing or renting a motor vehicle without a driver to a licensee or other lessee shall be deemed to be the licensee.

(b) The lessor shall be issued a license if an application has been:

Properly filed; and
Approved pursuant to the provisions of Sections 3 and 4 of this administrative regulation.

(2) If a motor carrier uses independent contractors under leases of thirty (30) days or more, the lessor and lessee shall have the option of designating which party is to report and pay the fuel use tax imposed by KRS 138.660(1) and (2) and the fuel taxes imposed by other jurisdictions.

(3) If the lessee assumes responsibility for reporting and paying motor fuel taxes pursuant to subsection (2) of this section, the base jurisdiction for IFTA purposes shall be the base jurisdiction of the lessee, regardless of the jurisdiction in which the qualified motor vehicle is registered for vehicle registration purposes by the lessor.

(4) If a motor carrier rents a motor vehicle for a period of less than thirty (30) days from a lessor described in subsection (1) of this section, the lessor shall pay the fuel use taxes unless the lessor has a:

(a) Written rental contract that designates the lessee as the party responsible for reporting and paying the fuel use tax; and

(b) Copy of the lessee's IFTA fuel tax license that is valid for the term of the rental.

(5) If the motor carrier uses independent contractors under leases of thirty (30) days or less, the trip lessor shall report and pay all fuel taxes.

(6) If the motor carrier is a household goods carrier using independent contractors, agents, or service representatives, under intermittent leases, the party liable for all motor fuel taxes shall be:

(a) The lessee if the qualified motor vehicle is being operated under the lessee's jurisdictional operating authority. The base jurisdiction for purposes of IFTA shall be the base jurisdiction of the lessee, regardless of the jurisdiction in which the qualified motor vehicle is registered for vehicle registration purposes by the lessor or lessee; or

(b) The lessor who is the independent contractor, agent, or service representative if the qualified motor vehicle is being operated under the lessor's jurisdictional operating authority. The base jurisdiction for purpose of IFTA shall be the base jurisdiction of the lessor, regardless of the jurisdiction in which the qualified motor vehicle is registered for vehicle registration purposes.

(7) The lease shall be made available by either the lessee or the lessor upon request of the Transportation Cabinet.

Section 6. Bonding Requirements.

(1) The Transportation Cabinet shall require the bond for a payment of the taxes imposed by KRS 138.660 if the licensee meets one (1) of the following criteria:

(a) The licensee has failed to timely file a report required by Section 7 of this administrative regulation for three (3) quarters of sixteen (16) consecutive quarters;

(b) The licensee has failed to remit all of the tax due for a taxable quarter;

(d) The licensee has had a KYU, KIT, or IFTA license revoked, suspended, or canceled.

(2) A licensee required to post a bond pursuant to this section shall deposit with the Transportation Cabinet one (1) of the following:

(a) A surety bond;

(b) Bonds or other obligations of the United States, Canada, or the Commonwealth of Kentucky made payable to the Commonwealth of Kentucky;

(c) Automatically renewable time certificates of deposit issued by a bank doing business in the Commonwealth of Kentucky and insured by the Federal Deposit Insurance Corporation, made in the name of licensee, payable to the Commonwealth of Kentucky and containing the provision that interest earned shall be payable to the licensee, but that the certificates shall only be canceled by written authorization from the Transportation Cabinet; or

(d) A cash bond submitted in the form of a cashier's check, money order, or other certified funds payable to the Commonwealth of Kentucky.

(3) The licensee shall be the principal obligor, and the Commonwealth of Kentucky shall be the obligee.

(4) A licensee shall file proof of the bond required pursuant to subsection (1) of this section, by submitting a notarized form TC 95-201.

Section 7. Tax Payment and Reporting.

(1) The Transportation Cabinet shall by the last day of each quarterly reporting period mail the appropriate tax report form to each fuel tax licensee.

(a) A Kentucky-based IFTA licensee shall be mailed IFTA Quarterly Fuel Use Tax Return IFTA 100-MN and IFTA Quarterly Fuel Use Tax Schedule, IFTA-101.

(b) A KIT licensee shall be mailed the Highway Quarterly Tax Return, TC Form 95-103.

(c) A fuel tax licensee or a KYU tax licensee with no operations during the reporting quarter shall file a tax reporting form.

(2)

(a) The Transportation Cabinet shall provide or make available to each KYU licensee the KRS 138.660(3) quarterly tax report forms, including Kentucky Weight Distance Tax Form, TC Form 95-101.

(b) A KYU licensee shall comply with the provisions of KRS 138.685.

(3)

(a) If filing a motor fuel tax report, an IFTA licensee shall apply the overpayment generated in one (1) jurisdiction to the motor fuel taxes owed to another jurisdiction, remitting the net amount owed to the Transportation Cabinet.

(b) IFTA licensees shall present one (1) check to the Transportation Cabinet to pay the motor fuel taxes due pursuant to KRS 138.660(1) and (2) as well as the motor fuel taxes due all other IFTA jurisdictions.

(c) If a fuel tax licensee has been required to file a bond pursuant to Section 6 of this administrative regulation, the check to pay the motor fuel taxes due shall be certified.

(d) The requirement for a certified check for KYU licensees shall be waived pursuant to KRS 138.665 unless the motor carrier is notified by the Transportation Cabinet to the contrary. The cabinet may require a certified check from a motor carrier if the motor carrier:

Is required to post a bond for its fuel taxes pursuant to Section 6 of this administrative regulation;
Has not established a record of consistent and continued compliance with KRS 138.655 through 138.7291; or
Is operating on the highways of Kentucky without a KYU license.

(4) A computer-generated tax return shall not be used in place of Transportation Cabinet forms unless the licensee receives advance written approval of the format from the Division of Motor Carriers, Tax Branch. The format submitted for approval shall provide the same information as the Kentucky Weight Distance Tax Form, TC Form 95-101 and be substantially the same format.

Section 8. Tax Recordkeeping. Each fuel tax licensee or KYU licensee shall maintain records as established in 601 KAR 1:201.

Section 9. Assessment.

(1)

(a) If a fuel tax licensee fails, neglects, or refuses to file a tax report when due, the Transportation Cabinet shall, on the basis of the best information available to the cabinet, determine the fuel tax liability of the licensee for each jurisdiction and the tax liability of the license as established in KRS 138.660(3).

(b) If a motor carrier fails, neglects, or refuses to obtain either a fuel tax license or a KYU license, the Transportation Cabinet shall, on the basis of the best information available to the cabinet, determine the KRS 138.660(1) and (2) or (3) tax liability of the motor carrier for Kentucky.

(2)

(a) The motor carrier shall be notified of additional tax assessments by mail.

(b) In the absence of protest, payment including interest from the original due date shall be made within forty-five (45) days from the date of the notice of tax due.

(3)

(a) A written protest may be filed by the motor carrier or other persons representing the motor carrier and shall include a supporting statement and documents that identify the specific adjustments requested or the portions of the assessment being protested and setting forth the reasons the protest is being made (KRS 131.110(1)).

(b) The protest shall be submitted to or presented at the Transportation Cabinet Building, Division of Road Fund Audits, 4th floor, 200 Mero Street, Frankfort, Kentucky 40622 within forty-five (45) days from the date of the notice of tax due.

(4) If an IFTA license motor carrier elects to exercise the right under Section 1450.200 of the IFTA Articles of Agreement for Further Requests for Appeal, the cabinet shall consider this a protest of the assessment by the taxpayer and place the taxpayer into protest status.

(5) If an IFTA member jurisdiction elects to exercise the right under Section 1360.100 of the IFTA Articles of Agreement to reaudit the motor carrier, the cabinet shall consider this a protest of the assessment by the taxpayer.

(6) If the supporting statements and documentation are not sufficient to change the assessment results, the motor carrier may request an information gathering or protest conference with the Division of Road Fund Audits.

(7)

(a) Within sixty (60) days of the taxpayer submitting complete additional information or within sixty (60) days of a protest conference being held, the Division of Road Fund Audits shall issue a final ruling to the taxpayer that includes the final assessment and the procedures to follow if the taxpayer chooses to appeal to the Kentucky Board of Tax Appeals, KRS 131.110.

(b) Upon agreement by both parties, the sixty (60) day time period shall be altered by an agreed waiver that specifies the new time period for completion.

(8) If the motor carrier does not request a conference, the cabinet shall issue a final ruling to the taxpayer stating the final assessment results and detailing the procedures for an appeal to the Kentucky Board of Tax Appeals.

(9) Within thirty (30) days from the date of the final ruling, a written protest may be filed with the Kentucky Board of Tax Appeals by the taxpayer or other persons representing the taxpayer as established in KRS 131.110.

Section 10. Trip Permits.

(1) A motor carrier who does not have a required license may operate on Kentucky's highways using a temporary trip permit issued pursuant to KRS 138.665.

(2) Application for a temporary trip permit shall be made by applying to the Division of Motor Carriers. The application may be made in person, in writing, or by telephone or facsimile communication.

(a) The address for written requests is P.O. Box 2007, Frankfort, Kentucky 40602.

(b) The location for in person requests is Transportation Cabinet Building, Division of Motor Carriers, 2nd floor, 200 Mero Street, Frankfort, Kentucky 40622.

(d) The telephone number for the facsimile machine in the Division of Motor Carriers is (502) 564-4138.

(3) The application for a temporary trip permit shall contain the following information:

(a) The name and address of the applicant;

(b) The year, make, and serial number or vehicle identification number of the motor vehicle for which the application is being made; and

Section 11. Fuel Tax Refunds or Credits.

(1) A fuel tax licensee shall be allowed to carry forward a motor fuel tax credit for eight (8) quarters.

(2) A refund request from a fuel tax licensee shall be presented in writing and detail the reason for the requested refund.

(3)

(a) A full credit shall be allowed to IFTA and KIT licensees for tax-paid fuel purchases placed in a qualified motor vehicle.

(b) Any excess of fuel tax paid over tax liability in any member jurisdiction shall be credited in full to tax liability in other member jurisdictions or to the IFTA licensee's account ledger.

(4)

(a) A motor fuel tax refund to an IFTA licensee shall not be made unless the motor fuel tax liability, including an audit assessment, has been satisfied for all member jurisdictions.

(b) If a fuel tax licensee's refund request is determined to be properly due, the refund shall be paid within ninety (90) days after receipt of a request for payment from a fuel tax licensee.

(5)

(a) A fuel tax licensee may apply within two (2) quarters to the Transportation Cabinet for refund of the fuel tax imposed by KRS 138.660(1) or (2) if the fuel:

Is consumed on the public highways;
Is from the same tank that is permanently attached to the power unit of the qualified motor vehicle;
Serves to power the operation of the qualified motor vehicle on the highways; and
Is used for:

a. A mixer;

b. Pumps;

c. A load lift;

d. A refrigeration unit; or

e. Similar power take-off equipment.

(b) The application for the refund of fuel established in paragraph (a) of this subsection shall be made on Application for Fuel Tax Refund for Use of Power Take-off Equipment, Form TC 95-214 to substantiate the nonhighway use of the fuel.

Section 12. Tax Penalties and Interest.

(1) The penalty for the late payment of the motor fuel tax imposed by KRS 138.660(3) shall be as established in KRS 138.715.

(2) The interest on the late payment of any of the taxes administered pursuant to this administrative regulation shall be as established in KRS 138.715.

(3) The taxes, penalties, and interest identified in KRS 138.675 shall also include the motor fuel taxes, penalties, and interest owed to other IFTA jurisdictions.

(4) The penalties and interest due for the overpayment of a refund shall begin to accrue fifteen (15) days after the motor carrier is notified of the overpayment.

Section 13. License Cancellation, Refusal, and Reinstatement.

(1) If a motor carrier fails to comply with the provisions of KRS 138.655 through 138.7291 or this administrative regulation, the fuel tax license or KYU license shall be canceled in accordance with the provisions of KRS 138.675.

(2) A license shall not be issued and shall be cancelled for the following reasons:

(a) Improper use of license or decal;

(b) Failure to file a tax return when due;

(d) Failure to produce records after written request for the records;

(e) Failure to maintain records in the required manner;

(f) Notification from another IFTA jurisdiction of motor fuel tax violations in that jurisdiction; or

(g) A similar action or inaction by the licensee; or

(h) If a motor carrier has applied for new authority for the purpose of avoiding its former authority's tax liability.

(3) A motor carrier shall be notified of the pending license cancellation or license refusal and offered the opportunity for an administrative hearing pursuant to Section 14 of this administrative regulation.

(4) If a license is canceled by the Transportation Cabinet, the motor carrier shall immediately return the license.

(5) If a motor carrier desires to have a canceled license reinstated, the carrier shall:

(a) Prove to the Transportation Cabinet that sufficient records are being and shall be maintained to file accurate tax reports;

(b) Submit quarterly tax reports for all missed reporting periods;

(d) Provide a bond pursuant to Section 6 of this administrative regulation; and

(e) Provide evidence of liability insurance, operating authority, and other items of KRS Chapter 281 applicable to the motor carrier.

Section 14. Appeal Procedure.

(1) An appeal of a nontax action by the Transportation Cabinet related to KRS 138.655 through 138.7295 shall be in writing and directed to the Transportation Cabinet Building, Office of Legal Services, 6th floor, 200 Mero Street, Frankfort, Kentucky 40622.

(2) An administrative hearing shall be conducted in accordance with the provisions of KRS Chapter 13B.

Section 15. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "International Fuel Tax Agreement Audit Manual", January 2007 edition, International Fuel Tax Association;

(b) "Vehicle Additions or Deletions Subject to Kentucky Weight Distance (KYU) Tax", TC Form 95-38, December 2009;

(d) "Kentucky Trucking Application", TC Form 95-1, April 2010;

(e) "IFTA Quarterly Fuel Use Tax Return" IFTA-100-MN, April 2006;

(f) "Kentucky Weight Distance Tax Form", TC Form 95-101, March 2010;

(g) "Application for Fuel Tax Refund for Use of Power Take-off", TC Form 95-214, April 2010;

(h) "Highway Quarterly Tax Return", TC Form 95-103, December 2007;

(i) "International Fuel Tax Agreement Procedures Manual", January 2008 edition, International Fuel Tax Agreement;

(j) "International Fuel Tax Agreement Articles of Agreement", revised January 2010, International Fuel Tax Agreement; and

(k) "IFTA Quarterly Fuel Use Tax Schedule", IFTA-101, August 1998.

(2) This material may be inspected, copied, or obtained at the Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 138.655-138.7291, 186.650, 49 C.F.R. 390.21, 49 U.S.C. 317
STATUTORY AUTHORITY: KRS 138.725(1), 281.600, 49 U.S.C. 317
NECESSITY, FUNCTION, AND CONFORMITY: 49 U.S.C. 31705 and KRS 138.227 authorize the department to enter into the provisions of the International Fuel Tax Agreement (IFTA). If a motor carrier operates in interstate commerce, the motor fuel taxes imposed by Kentucky statutes that are subject to the provisions of IFTA are KRS 138.660(1) and (2). If the motor carrier operates exclusively in intrastate commerce, the taxes imposed by KRS 138.660(1) and (2) are not subject to the requirements of IFTA. The tax imposed by KRS 138.660(3) is not subject to the IFTA federal mandate. All three (3) of these taxes are administered under the provisions of KRS 138.655 through 138.7291. This administrative regulation establishes the administrative procedures for the implementation of the International Fuel Tax Agreement in Kentucky, establishes the differences between the requirements of IFTA and Kentucky state law, establishes if the provisions of IFTA preempt state law, and provides for uniformity in the interstate and intrastate administration of KRS 138.660(1) and (2) so as not to violate the interstate commerce clause of the United States Constitution.
History: 22 Ky.R. 2504; 23 Ky.R. 441; eff. 9-3-1996; 25 Ky.R. 1704; 2140; eff. 3-2-1999; 36 Ky.R. 2220; 37 Ky.R. 56; eff. 8-6-2010; Crt eff. 10-8-2018; Crt eff. 9-9-2019; Crt to Am. filed 8-27-2026; Am in Process: filed 5-13-2026.

601 KAR 1:201 Recordkeeping and audit requirements of taxes imposed in KRS 138.655 through 138.7291 {#sec-601-kar-1-201 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:201}

Section 1. Definitions.

(1) "Base jurisdiction" means the member jurisdiction where qualified motor vehicles are based for vehicle registration purposes and:

(a) Where the operational control and operational records of the fuel tax licensee's qualified motor vehicles are maintained or available; and

(b) Where some travel is accrued by qualified motor vehicles within the fleet.

(2) "Fuel tax license" means either an IFTA license or a KIT license.

(3) "IFTA" means the International Fuel Tax Agreement.

(4) "IFTA license" means a motor fuel tax license issued in accordance with the IFTA Articles of Agreement and the IFTA Procedures Manual.

(5) "IRP" means the International Registration Plan.

(6) "Jurisdiction" means a state of the United States, the District of Columbia, or a province or territory of Canada, or a state of the United Mexican States.

(7) "KIT license" means the Kentucky intrastate tax license issued by the Kentucky Transportation Cabinet to intrastate motor carriers subject to the taxes imposed by KRS 138.660(1) and (2).

(8) "KYU license" means the Kentucky Highway Use License issued by the Kentucky Transportation Cabinet to motor carriers subject to the tax imposed by KRS 138.660(3).

(9) "Motor carrier" is defined by KRS 138.655(5).

(10) "Over-the-road fuel" means fuel purchased from a retail distributor and placed directly into a qualified motor vehicle.

(11)

(a) "Qualified motor vehicle" means a motor vehicle operated by a motor carrier that is used, designed, or maintained for the transportation of persons or property and that is a:

Single vehicle having two (2) axles and a gross vehicle weight or a registered gross vehicle weight exceeding 26,000 pounds or 11,797 kilograms;
Single vehicle having three (3) or more axles, regardless of weight; or
Vehicle used in combination if the weight of the combination exceeds 26,000 pounds or 11,797 kilograms gross vehicle weight or registered gross vehicle weight.

(b) A qualified motor vehicle does not mean a:

Recreational vehicle;
Motor vehicle registered pursuant to KRS 186.050(4) or under another jurisdiction's law as a farm vehicle; or
Motor vehicle used to transport persons for hire.

(12) "Quarterly reporting period" means a period of time consistent with the calendar quarterly periods of January 1 through March 31, April 1 through June 30, July 1 through September 30, or October 1 through December 31.

(13) "Tax-paid fuel" means motor fuel purchased either in bulk or over-the-road by a motor carrier on which the motor fuel taxes imposed by a jurisdiction are paid at purchase.

(14) "Taxpayer" means a Motor Carrier operating on the roads of the Commonwealth subject to the taxes in KRS 138.660.

Section 2. Governing IFTA Documents. The following IFTA documents prepared and adopted by the membership of the International Fuel Tax Association shall govern the base jurisdiction recordkeeping requirements and audit provisions of the taxes imposed by KRS 138.660(1) and (2):

(1) International Fuel Tax Agreement Articles of Agreement as incorporated by reference in 601 KAR 1:200;

(2) International Fuel Tax Agreement Procedures Manual as incorporated by reference in 601 KAR 1:200; and

(3) International Fuel Tax Agreement Audit Manual as incorporated by reference in 601 KAR 1:200.

Section 3. Tax Recordkeeping.

(1) Each taxpayer shall maintain a complete record of all motor fuel purchased, received, or used in the conduct of business. The fuel records shall contain the following information:

(a) The date of each receipt of fuel;

(b) The name and address of the person or business from whom the fuel was purchased or received;

(d) The number of gallons of fuel received;

(e) The type of fuel;

(f) The vehicle or equipment into which the fuel was placed; and

(g) If applicable, complete records on power takeoff use of motor fuel established in subsection (14) of this section.

(2) Except as established in subsection (13) of this section, each taxpayer shall maintain detailed distance records that show operations on an individual-vehicle basis. The distance records for each qualified motor vehicle shall contain at least the following information:

(a) Both taxable and nontaxable usage of fuel;

(b) Distance traveled for taxable and nontaxable use;

(d) Trip origination and destination;

(e) Route traveled on trip;

(f) Trip beginning and ending odometer readings;

(g) Total mileage of each trip; and

(h) Distance recaps for each qualified motor vehicle for each jurisdiction in which the qualified motor vehicle is operated.

(3) To obtain credit for a tax-paid fuel purchase, a taxpayer shall maintain a receipt or invoice, a credit card receipt or automated vendor-generated invoice, or transaction listing. An acceptable receipt or invoice for tax-paid fuel purchased shall not have been altered or indicate erasures and shall contain at least the following information:

(a) The date of purchase of fuel;

(b) The name and address of the person or business from whom the fuel was purchased;

(d) The type of fuel;

(e) The price per gallon of the fuel purchased or the total amount of the sale;

(f) Unit number of the motor vehicle into which the motor fuel was placed; and

(g) Purchaser's name. In the case of a lease agreement, a receipt shall be acceptable in either name, if the records and lease agreement indicate the legal connection to the reporting party.

(4) A taxpayer shall not apply for credit for withdrawal from licensee-owned, tax-paid bulk fuel storage unless the following detailed records are kept:

(a) Date of withdrawal;

(b) Number of gallons withdrawn;

(d) Unit number and type of motor vehicle or equipment into which the fuel was placed; and

(e) Purchase and quarterly beginning and ending inventory records to substantiate that tax was paid on the bulk purchase.

(5)

(a) A taxpayer shall account separately for tax-paid fuel purchased as storage or bulk from over-the-road fuel purchased.

(b) The licensee shall retain a copy of each delivery ticket and receipt for storage or bulk fuel.

(c) Bulk fuel inventory reconciliations shall be maintained. Records shall be maintained to distinguish fuel placed in a qualified motor vehicle from fuel placed in a nonqualified vehicle and other uses.

(d) Each tax-paid purchase shall be supported by a receipt, invoice, credit card receipt or automated vendor-generated invoice or transaction listing.

(e) Over-the-road fuel receipts shall identify the vehicle by the registration plate number or unit number and type of vehicle because only a vehicle identified with the fuel tax licensee's operation shall be reported for mileage or fuel consumption.

(6) A separate total shall be compiled for each of the following fuel types used by a fuel tax licensee:

(a) Gasoline;

(b) Diesel;

(d) Gasohol;

(e) Liquid petroleum gas; and

(f) Compressed natural gas.

(7) Each taxpayer shall retain the information required by subsections (1) through (6) of this section for each quarterly reporting period for a period of four (4) years from the date of filing the tax report based on these records.

(8) Each taxpayer subject to a KYU license shall maintain the following records on operations within Kentucky of each motor vehicle that is subject to the tax imposed by KRS 138.660(3):

(a) Type of motor vehicle;

(b) Declared gross weight of the motor vehicle;

(d) Except as provided in subsection (13) of this section, mileage operated by unit number in Kentucky as reported on trip sheets and driver logs that shall include the following:

Beginning and ending odometer readings of each trip;
Each route driven;
Beginning and ending date of each trip;
Trip origin and destination; and
Total trip miles;

(e) Bills of lading;

(f) Off-highway mileage, including settlement sheets and periodical logs showing entrance and exit of public highways; and

(g) Manual or computer-generated off-road mileage recaps for Kentucky.

(9)

(a) Each taxpayer subject to a KYU license shall retain the information required by subsection (8) of this section for each quarterly reporting period for a period of five (5) years from the date of filing the tax report based on these records.

(b) If the records required to be maintained in subsection (8) of this section are insufficient, incomplete, or unavailable for the auditor to complete an audit, the auditor shall examine any other records of the taxpayer that may assist in establishing the tax liability of the taxpayer.

(10) Both the lessor and lessee involved in the short or long-term lease of motor vehicles shall maintain sufficient records, including copies of the leases and supplemental agreements, to allow determination of the entity responsible for reporting or payment of the taxes.

(11) Records shall be retained by the lessor and lessee on microfilm, microfiche, or other computerized or condensed record storage system.

(12) If a taxpayer chooses to use an on-board electronic data recording system in lieu of or in addition to trip reports for tax reporting, the devices, recordkeeping, data collection, reporting and taxpayer responsibility shall comply with Section P600 of the International Fuel Tax Agreement Procedures Manual incorporated by reference in 601 KAR 1:200.

(13)

(a) A taxpayer subject to an IFTA or KIT license who operates exclusively in intrastate commerce and for whom all of the mileage traveled is taxable, may choose to maintain quarterly odometer readings on an individual motor vehicle basis rather than the more detailed records established in subsection (2) of this section.

(b) A taxpayer subject to a KYU license who operates exclusively in intrastate commerce and for whom all of the mileage traveled is taxable, may choose to maintain quarterly odometer readings on an individual motor vehicle basis rather than the more detailed records established in subsection (8)(d) of this section.

(14) A taxpayer subject to an IFTA or a KIT license applying for a refund pursuant to 601 KAR 1:200, Section 11 shall, in addition to the other requirements of this section, maintain the following records:

(a) Proof of power-take-off exemption percentage including how the percentage was calculated;

(b) Listing of bulk fuel storage that includes:

Location of bulk fuel storage;
Capacity of bulk fuel storage; and
If tanks are designated for on road highway use or off road highway use;

(c) Kentucky Revenue Cabinet Motor Fuels Tax Refund Permit Number and Kentucky Revenue Cabinet Sales and Use Tax Number, if applicable; and

(d) Equipment listing for each motor vehicle on which the refund is being requested including:

Vehicle type;
Use of power-take-off;
Vehicle unit number;
Vehicle identification number; and
Type of fuel used in each vehicle.

Section 4. Auditing.

(1) For an audit, the taxpayer shall have the following information available if requested by the auditor:

(a) Records of all motor fuel purchased, received, or used as identified in Section 3(1) of this administrative regulation;

(b) Detailed distance records that show operations on an individual vehicle basis as identified in Section 3(2) of this administrative regulation;

(d) Credit for tax-paid bulk fuel storage records as identified in Section 3(4) of this administrative regulation;

(e) Copies of Kentucky income tax returns for the periods under audit;

(f) Copies of IFTA or KIT returns, KYU returns, and IRP returns that represents Kentucky operations, or the documentation of another responsible party for the payment of the related taxes;

(g) A general ledger relating to each period under audit; and

(h) The related books of original entry.

(2)

(a) The fuel tax audit of a taxpayer subject to an IFTA or a KIT license shall be performed in accordance with the provisions of the International Fuel Tax Agreement Audit Manual, as incorporated by reference in 601 KAR 1:200.

(b) An audit of a taxpayer subject to a KYU license shall be performed by verifying the following:

The combined license weight of each motor vehicle operated by the motor carrier;
A correct odometer;
Reports of each trip that adequately identify the truck, trip mileage, and route driven;
Weight reports;
Continuity of trips;
Off-highway mileage;
Seasonal variations in the motor carrier's business;
Electronic data processing; and
Sampling of representative months of operation.

(3) At least thirty (30) days prior to conducting a routine audit, the Transportation Cabinet shall contact the taxpayer in writing advising of the approximate date that the audit is to be conducted and the time period the audit shall cover.

(4)

(a) The auditor shall conduct and document a preaudit conference with the taxpayer or the taxpayer's designated representative outlining the carrier's operation, the audit procedures, the records to be examined, the sample period, and the sampling procedures.

(b) The taxpayer and auditor shall determine at the preaudit conference who shall have the responsibility for the final acceptance of audit findings and who shall be involved in the closeout conference.

(5) The auditor shall conduct and document a close-out conference with the taxpayer or the taxpayer's designated representative outlining preliminary findings to include proposed assessment, recommendations resulting from the review of the records and internal control, rights of appeal, and to whom the audit report shall be addressed.

(6)

(a) The Transportation Cabinet shall furnish the taxpayer a letter of audit findings and recap schedules.

(b) If requested, the cabinet shall supply other work papers to the taxpayer.

(7)

(a) A taxpayer shall be notified of additional tax assessments by mail.

(b) Payment, including interest from the original due date, in the absence of protest, shall be made within forty-five (45) days from the date of the notice of tax due.

(8) A penalty assessed under KRS 138.715 shall be applied to audit assessments based upon the percentage of the underpayment of the tax liability prior to the deduction of fuel tax purchase credits, if applicable, to the licensee.

Section 5. Protest of Assessments.

(1)

(a) A written protest may be filed by the taxpayer, or other persons representing the taxpayer, and shall include a supporting statement and documents that identify the specific adjustments requested or the portions of the audit being protested and shall establish the reasons the protest is being made as established in KRS 131.110(1).

(b) The protest shall be filed with the Transportation Cabinet, Division of Road Fund Audits within forty-five (45) days from the date of the notice of tax due.

(2) If an IFTA license taxpayer elects to exercise the right under Section 1450.200 of the International Fuel Tax Agreement Articles of Agreement for Further Requests for Appeal, the cabinet shall consider this a protest of the assessment by the taxpayer and place the taxpayer into protest status.

(3) If an IFTA member jurisdiction elects to exercise the right under Section 1360.100 of the International Fuel Tax Agreement Articles of Agreement to reaudit the taxpayer, the cabinet shall consider this a protest of the assessment by the taxpayer.

(4) If the supporting statements and documentation are not sufficient to change the assessment results, the taxpayer may request an information gathering or protest conference with the Division of Road Fund Audits.

(5) Within sixty (60) days of the taxpayer submitting complete additional information or within sixty (60) days of a protests conference being held, the Division of Road Fund Audits shall issue a final ruling to the taxpayer that includes the final assessment and the procedures to follow if the taxpayer chooses to appeal to the Kentucky Board of Tax Appeals as established in KRS 131.110.

(6) If the taxpayer does not request a conference, the cabinet shall issue a final ruling to the taxpayer, stating the final assessment results and detailing the procedures for an appeal to the Kentucky Board of Tax Appeals as established in KRS 131.110.

(7) Within thirty (30) days from the date of the final ruling by the cabinet, a written protest may be filed by the taxpayer, or other persons representing the taxpayer, with the Kentucky Board of Tax Appeals as established in KRS 131.110.

History

RELATES TO: KRS 131.110, 138.227, 138.655-138.7291, 186.050(4), 186.650, 49 C.F.R. 390.21, 49 U.S.C. 317
STATUTORY AUTHORITY: KRS 138.725(1), 281.600, 49 U.S.C. 317
NECESSITY, FUNCTION, AND CONFORMITY: 49 U.S.C. 31705 and KRS 138.227 authorize the department to enter into the provisions of the International Fuel Tax Agreement (IFTA). This administrative regulation establishes the recordkeeping and audit requirements of IFTA and KRS 138.655 through 138.7291 and provides for uniformity in the interstate and intrastate administration of KRS 138.660(1) and (2) so as not to violate the interstate commerce clause of the United States Constitution.
History: 601 KAR 001:201. 25 Ky.R. 1762; 2146; eff. 3-2-1999; 37 Ky.R. 717; 9-7-2010; Crt eff. 10-8-2018; Crt eff. 2-18-2019; Crt. eff. 1-9-2026.

601 KAR 1:220 Theft of motor fuel; procedures to obtain motor vehicle record {#sec-601-kar-1-220 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:220}

Section 1. Procedures for Obtaining Motor Vehicle Record.

(1) A motor fuel retailer or association of motor fuel retailers who wish to obtain information pursuant to KRS 411.406(1) shall submit a notarized Request for Personal Information Pursuant to KRS 411.402 and 411.406 Theft of Motor Fuel, Form TC 96-16B, to the Department of Vehicle Regulation, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622.

(2) Except as provided in an agreement made pursuant to KRS 411.406(1), the fee for motor fuel theft information shall be three (3) dollars per report.

Section 2. Incorporation by Reference.

(1) "Request for Personal Information Pursuant to KRS 411.402 and 411.406 Theft of Motor Fuel", March 2010, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Vehicle Regulation, Division of Motor Vehicle Licensing, Second Floor, Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8a.m. to 4:30 p.m.

History

RELATES TO: KRS 61.874(3), 187.310, 411.402, 411.406, 18 U.S.C. 2721
STATUTORY AUTHORITY: KRS 411.406(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 411.406(1) requires the cabinet to promulgate administrative regulations to implement procedures by which a motor fuel retailer or association of motor fuel retailers may obtain the name and mailing address of a vehicle owner who has been identified as having committed an offense under KRS 411.402. This administrative regulation establishes the procedures by which a motor fuel retailer or association of motor fuel retailers may obtain the name and mailing address of a vehicle owner who has been identified as having committed an offense under KRS 411.402.
History: 36 Ky.R. 1571; 2058-M; eff. 5-7-2010; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

Chapter 2 Administration

601 KAR 2:020 Drivers' privacy protection {#sec-601-kar-2-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 2:020}

Section 1. Definition. "Personal information" means information that identifies an individual including the following:

(1) Name;

(2) Address, excluding the zip code;

(3) Social Security number;

(4) Date of birth;

(5) Driver identification number;

(6) Telephone number;

(7) Photograph; and

(8) Medical or disability information.

Section 2.

(1) In the Driver Licensing Computer Information System, the following shall not be considered personal information:

(a) Driver status; and

(b) Violation or conviction of a traffic law.

(2) The information included in the Driver Licensing Computer System shall not be distributed or sold except as established in KRS 187.310.

Section 3. Required Disclosures.

(1) Personal information referred to in Section 1 or 2 of this administrative regulation shall be disclosed in accordance with subsection (2) of this section for use in connection with:

(a) Matters of motor vehicle or driver safety and theft;

(b) Motor vehicle emissions;

(d) Performance monitoring of motor vehicles or dealers by motor vehicle manufacturers; or

(e) Removal of nonowner records from the original owner records of motor vehicle manufacturers.

(2) The disclosure of personal information shall be to carry out the provisions of the:

(a) Federal Automobile Information Disclosure Act, 15 U.S.C. 1231-1233; or

(b) Clean Air Act, 42 U.S.C. 7401-7459.

Section 4. Personal information in the Driver Licensing Computer Information System or the Automated Vehicle Information System including a computerized image, Social Security number, medical or disability information from a motor vehicle record, motor vehicle registration, or personal information relating to the owner of a boat, shall not be released except for the following reasons:

(1) For use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions by submission of a notarized Transportation Cabinet form TC 96-16G, Request for Motor Vehicle or Boat Record that Includes Personal Information to be Completed by a Governmental Agency;

(2) For use in connection with matters relating to the following:

(a) Motor vehicle or driver safety;

(b) Motor vehicle theft;

(d) Performance monitoring of motor vehicles, motor vehicle parts, or dealers;

(e) Removal of nonowner records from the original owner records of motor vehicle manufacturers; or

(f) Theft of motor fuel as established in KRS 411.402, 411.406, and 601 KAR 1:220.

(3) For use in the normal course of business by a legitimate business or its agent, employee, or contractor, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agent, employee, or contractor; or

(b) If the submitted information is not correct or is no longer correct, to obtain the correct information, in order to prevent fraud by pursuing legal remedies against or recovering on a debt or security interest against the individual;

(4) For use in connection with a civil, criminal, administrative, or arbitral proceeding in a federal, state, or local court or agency or before a self-regulatory body, including the service of process; investigation in anticipation of litigation; or and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court;

(5) If the personal information is not published, redisclosed, or used to contact an individual, for use in:

(a) Research activities; or

(b) Producing statistical reports;

(6) For use by an insurer or insurance support organization or by a self-insured entity or its agent, employee, or contractor, in connection with claims investigation activities, antifraud activities, rating, or underwriting;

(7) For use in providing notice to the owner of a towed or impounded vehicle by submission of a notarized Transportation Cabinet form TC 96-16T, Request by Towing and Storage Companies and Creditors in Possession for Motor Vehicle or Board Records that include Personal Information;

(8) For use by a licensed investigative agency or licensed security service for a purpose permitted under this section;

(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. 31301 through 31317; or

(10) For use in connection with operation of a private toll transportation facility.

Section 5. Disclosure with Consent. Personal information referred to in Sections 1 and 4 of this administrative regulation shall be disclosed to a requestor that provides a notarized written statement of consent from the person whose information is requested.

Section 6. A person wishing pursuant to Section 4 of this administrative regulation to obtain a record for a commercial purpose that includes personal information, shall submit one (1) of the following forms or its preapproved electronic equivalent and three (3) dollars for each requested record:

(1) If the record is in the Driver Licensing Computer Information System, Transportation Cabinet form TC 94-1E,Request for Driver Licensing Record that Includes Personal Information; or

(2) If the record is in the Automated Vehicle Information System, Transportation Cabinet form TC 96-16A, Request for Motor Vehicle or Boat Record that Includes Personal Information.

Section 7. Retention of Records. A form completed pursuant to Section 6 of this administrative regulation shall be retained by the agency or office providing the record containing personal information for a minimum of two (2) years.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Request for Driver Licensing Record that Includes Personal Information", TC Form 94-1E, January 2010;

(b) "Request for Motor Vehicle or Boat Record that Includes Personal Information", TC Form 96-16A, April 2010;

(c) "Request by Towing and Storage Companies and Creditors in Possession for Motor Vehicle or Boat Records that Include Personal Information", TC 96-16T, March 2010; and

(d) "Request for Motor Vehicle or Boat Record that Includes Personal Information to be Completed by a Governmental Agency", TC 96-16G, March 2010.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Vehicle Registration, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30p.m.

History

RELATES TO: KRS 61.874, 61.878(5), 186.018, 187.310, 411.402, 411.406, 15 U.S.C. 1231-1233, 18 U.S.C. 2721, 42 U.S.C. 7401-7459, 49 U.S.C. 31301-31317
STATUTORY AUTHORITY: KRS 187.300(1), 187.310(1), 18 U.S.C. 2721
NECESSITY, FUNCTION, AND CONFORMITY: KRS 187.300(1) authorizes the cabinet to promulgate administrative regulations to implement KRS Chapter 187. KRS 187.310(1) requires the cabinet to furnish, upon request, an abstract of the operating record of a person subject to KRS 187.290 to 187.620. 18 U.S.C. 2721 authorizes the information that shall and shall not be included in information sold or otherwise distributed about a motor vehicle operator or owner. This administrative regulation establishes the circumstances and conditions governing the distribution or sale of motor vehicle operator or owner personal information.
History: 601 KAR 002:020. 24 Ky.R. 2784; 25 Ky.R. 352; 565; eff. 9-1-1998; 26 Ky.R. 2313; 27 Ky.R. 493; eff. 8-14-2000; 36 Ky.R. 2388; 37 Ky.R. 357; eff. 8-10-2010; Crt eff. 10-8-2018; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 2:233 Kentucky Ignition Interlock Program; participants and device providers {#sec-601-kar-2-233 omnilex-key=us-ky-regs-official--title-601--601 KAR 2:233}

Section 1. Definitions.

(1) "Applicant" means a person applying for an ignition interlock license.

(2) "Cabinet" is defined by KRS 189A.005(2).

(3) "Calibration" means the process that ensures an accurate alcohol concentration reading is being obtained on the ignition interlock device.

(4) "Certification" means the approval process required by the Commonwealth of Kentucky for ignition interlock devices and device providers prior to operating within the state.

(5) "Compliance-based review" means the review by the Transportation Cabinet of:

(a) The length of time that a person's license to operate a motor vehicle or motorcycle is suspended as established in KRS 189A.070; and

(b) That participant's compliance with the requirements established in KRS 189A.340.

(6) "Compliance period" means the length of time that a person's license to operate a motor vehicle or motorcycle is suspended as established in KRS 189A.070, 189A.340, and this administrative regulation.

(7) "Department" means the Department of Vehicle Regulation in the Kentucky Transportation Cabinet.

(8) "Ignition interlock certificate of installation" or "certificate of installation" is defined by KRS 189A.005(4).

(9) "Ignition interlock device" or "device" is defined by KRS 189A.005(3).

(10) "Ignition interlock device provider" or "device provider" is defined by KRS 189A.005(5).

(11) "Ignition interlock incentive period" or "incentive period" means the period of time as established by KRS 189A.340(4)(b)2 during which an ignition interlock provider certifies that no violations have occurred and is prior to the date by which the cabinet removes the ignition interlock restriction from a person's license.

(12) "Ignition interlock license" is defined by KRS 189A.005(6).

(13) "KIIP" means Kentucky Ignition Interlock Program.

(14) "License" is defined by KRS 189A.005(7).

(15) "Lockout" means a condition in which the device will not accept a breath test causing the ignition interlock device to prevent a motor vehicle's engine from starting.

(16) "Manufacturer" means an entity responsible for the design, development, production, and repair of the ignition interlock device.

(17) "Medical accommodation" means that a device has been adjusted to detect the breath alcohol level of participants who have a medically documented condition of diminished lung capacity requiring a reduced air sample.

(18) "Month" means calendar month.

(19) "Motor vehicle" is defined by KRS 186.010(4) and includes "motorcycle," which is defined by KRS 186.010(15).

(20) "NHTSA" means the National Highway Traffic Safety Administration.

(21) "Participant" means a person who has applied and been approved to participate in KIIP.

(22) "Provider representative" means a device provider employee who provides oversight of the provider's ignition interlock operations within the Commonwealth of Kentucky.

(23) "Retesting" means an additional opportunity to provide a breath sample.

(24) "RFQ" means a request for qualifications pursuant to KRS Chapter 45A.

(25) "Service call" means an on-site remote service of an ignition interlock device, outside of a fixed facility, including for example:

(a) Diagnostic trouble shooting;

(b) Repair or replacement of a malfunctioning device; or

(26) "Service facility" means the physical location contracted by the ignition interlock device provider where the service provider's technicians install, calibrate, or remove ignition interlock devices.

(27) "Service facility inspection" means the process for determining that a service facility and the service facility's technicians are qualified and approved to provide ignition interlock services within the Commonwealth of Kentucky.

(28) "Service provider" means an entity that has contracted with an ignition interlock device provider to provide mechanical services related to an ignition interlock device at a service facility.

(29) "Tampering" means acting with the intent to render the ignition interlock device defective as established by KRS 189A.340 and 189A.345.

(30) "Technician" means a service provider employee or contractor who installs, calibrates, and removes ignition interlock devices within the Commonwealth of Kentucky.

Section 2. Ignition Interlock License.

(1) The requirements established in this administrative regulation shall not be applied retroactively.

(2)

(a) Anyone seeking an ignition interlock license pursuant to KRS Chapter 189A shall apply to the cabinet using the Kentucky Ignition Interlock Program Application, TC 94-175.

(b) At the time of application, the applicant shall present proof of insurance and valid vehicle registration.

(c) Upon approving an applicant for participation in the Kentucky Ignition Interlock Program, the cabinet shall notify the applicant in writing that the applicant has been approved to participate in KIIP.

(3)

(a)

The cabinet shall determine if an applicant is eligible for reduced payments pursuant to this administrative regulation, KRS 189A.340, and KRS 189A.350. An applicant found eligible for reduced payments shall pay a proportionate amount of the fees based upon the federal poverty guidelines, as established in KRS 189A.340.
A device and service provider shall accept the fees determined by the cabinet, as established in paragraph (a) of this subsection, and paid by an applicant or participant as payment in full pursuant to KRS 189A.340(7).
The applicant or participant shall remit the fees directly to the device provider as established in KRS 189A.340(7) and the RFQ.
A device provider shall not prohibit the pre-payment of fees for the device and services.
The device provider may pursue collection of amounts in arrears, not in excess of any indigency calculations, and recovery of the devices, if applicable. Collection and recovery shall be through separate legal action.

(b)

An applicant requesting reduced payment shall file concurrently with the Kentucky Ignition Interlock Program Application, TC 94-175, a completed Kentucky Ignition Interlock Program Affordability Application, TC 94-188. An applicant filing a Kentucky Ignition Interlock Program Affordability Application, TC 94-188, shall submit federal tax returns, paychecks, W-2's, or 1099's as part of his or her application.
The reduced payment rate shall not extend past the maximum suspension pursuant to KRS 189A.070.
The applicant or participant's reduced payment eligibility shall be determined annually.
The applicant may re-submit the Kentucky Ignition Interlock Program Affordability Application, TC 94-188, for recalculation by the cabinet.

(4) A pre-existing out-of-state or in-state suspension for the offenses listed in KRS 186.560, 186.570, or 205.712 shall result in the applicant's ineligibility to obtain an ignition interlock license.

(5) An applicant seeking a medical accommodation due to diminished lung capacity shall submit with the Kentucky Ignition Interlock Program Application, TC 94-175, a completed Breath Alcohol Ignition Interlock Physician Statement, TC 94-176.

(6) The cabinet shall issue to the applicant, notice of his or her eligibility or ineligibility for an ignition interlock license based on if:

(a) His or her current driving history record conforms to the eligibility requirements established in KRS Chapter 189A; and

(b) He or she is not ineligible pursuant to KRS 186.560, 186.570, or 205.712.

(7) The cabinet shall issue an ignition interlock license after device installation for the period established pursuant to KRS Chapter 189A.

(8) An applicant eligible for device installation shall select and contact a certified device provider of his or her choice from the list maintained on the cabinet's Web site at https://drive.ky.gov/driver-licensing/Pages/Ignition-Interlock-Program.aspx#certified-ignition-interlock-providers.

(9) A technician designated by the device provider shall install a certified ignition interlock device on the applicant's vehicle upon receipt of the letter of eligibility issued by the cabinet.

(10) An applicant approved by the cabinet to participate in KIIP based on the criteria established in this section and determined by the cabinet to be eligible for an ignition interlock device based on the criteria established in this section shall be required to install an ignition interlock device on at least one (1) primary motor vehicle registered and titled in his or her name or another's motor vehicle with express notarized, written consent of the owner authorizing installation of the device.

(11) An applicant or participant may have devices installed on multiple motor vehicles.

(12)

(a) An applicant approved by the cabinet to participate in KIIP pursuant to subsection (10) and this administrative regulation shall pay the applicable fee for installation of the ignition interlock device.

(b) Upon an applicant's payment of the applicable fee for installation and subject to any requirements established in KRS 189A.090, 189A.107, 189A.200, 189A.340(8), and 189A.345, the service provider's technician shall install the device and issue to the applicant an Ignition Interlock Certificate of Installation, TC 94-194.

(13) Before an ignition interlock license is issued, an approved applicant to participate in KIIP, as established in this section of this administrative regulation, and eligible for an ignition interlock license pursuant to this section of this administrative regulation and KRS Chapter 189A shall:

(a) Present the Ignition Interlock Certificate of Installation, TC 94-194, to a department regional field office electronically, via USPS, or in person; and

(b) Pay the reinstatement fee pursuant to KRS 186.531(9). The license shall display an ignition interlock device restriction.

(14) Upon issuance of an ignition interlock license, a participant shall begin to receive day-for-day credit toward the license suspension period pursuant to KRS 189A.070 and the ignition interlock license incentive period pursuant to KRS 189A.340.

(15) After ten (10) days' written notice to the participant, the device provider shall notify the cabinet of nonpayment of fees on an account that is in arrears for thirty (30) days or more.

(16) Subject to recalculation of day-for-day credit, as established in Section 9 of this administrative regulation, a participant may voluntarily have the device removed and reinstalled onto a different motor vehicle pursuant to subsection (11) of this section and upon payment of the appropriate fees to the device provider.

(17) A participant shall have the device removed by an approved service provider and technician designated by the device provider upon completion of the ignition interlock incentive period established by KRS 189A.070.

(18)

(a) Upon removal of the device, the service provider shall retain for their records and provide to the cabinet and the participant a Certificate of Removal for Ignition Interlock Device, TC 94-178. The Certificate of Removal for Ignition Interlock Device, TC 94-178, shall be submitted to the cabinet within twenty-four (24) hours electronically or no later than seventy-two (72) hours by mail or fax.

(b) Upon notice that the device has been removed pursuant to subsection (17) of this section or upon expiration of the maximum duration of the participant's suspension under KRS 189A.070, the cabinet shall update the participant's driver history record authorizing the regional field offices to issue the participant a new license without the ignition interlock restriction.

(19) A participant not participating in the KIIP and with a license suspension period exceeding twelve (12) months shall be subject to retesting requirements prior to the issuance of a new license pursuant to KRS 186.480.

(20)

(a) Unless the person is under eighteen (18) years of age, the Transportation Cabinet shall, pursuant to KRS 189A.070, suspend the driving privileges of a person convicted of an offense established in KRS 189A.010.

(b) As established by KRS 189A.070(1)(b), a person who is under eighteen (18) years of age whose license is suspended pursuant to KRS 189A.070(1)(b) shall be eligible for an ignition interlock license pursuant to KRS Chapter 189A, but that person shall not be eligible for any incentive period.

Section 3. General Requirements for Ignition Interlock Device Providers.

(1) The cabinet shall certify ignition interlock device providers for two (2) years utilizing the provisions of KRS Chapter 45A and the terms of the RFQ. Application for new applicants and continuing certification renewals shall open on October 1 in the year prior to expiration.

(2) Ignition interlock device providers certified pursuant to this administrative regulation shall obtain re-certification in compliance with this administrative regulation prior to providing devices or services.

(3) An ignition interlock device provider seeking certification to provide devices or services within the Commonwealth shall comply with the requirements of solicitation issued by the cabinet as established in subsection (1) of this section. Non-compliance shall result in a denial of certification.

(4) An ignition interlock device provider may subcontract with a person, firm, LLC, or corporation to provide a device or services if that device is specifically included in the original certification request and is specifically certified by the cabinet pursuant to KRS 189A.350.

(5) An ignition interlock device provider shall provide a representative who shall be assigned to work specifically with the KIIP pursuant to the terms of the RFQ.

(6) An ignition interlock device provider or service provider shall provide information and training for the operation and maintenance of the device to the participant and other individuals operating a vehicle equipped with a device.

(7)

(a) A device shall only be removed by the device provider or a service provider contracted with the device provider except if:

An agreement is in place between device providers; or
The purpose of replacing a participant's device due to the initial device provider's insolvency or business interruption.

(b) In the case of a device provider's insolvency or business interruption, the original device provider shall bear the costs associated with the removal of the existing device and installation of the new device.

(8)

(a) A device provider shall notify the cabinet within fifteen (15) days of a suspension, revocation, or disciplinary action taken against the device provider by a jurisdiction within or outside the Commonwealth. This notification shall include the reason for the disciplinary action and other information as the Kentucky Transportation Cabinet may, pursuant to this administrative regulation, reasonably request. This requirement applies regardless of the existence of an appeal.

(b) Notice shall include a copy of the official correspondence or pleading establishing the reason for the pending action and shall be provided to the cabinet regardless of the existence of an appeal. Pursuant to this administrative regulation and KRS Chapter 189A, the cabinet may request other information at any time and the provider shall provide the information if it is reasonably available.

(9) The records required by Section 4(3)(g) of this administrative regulation shall be retained by an ignition interlock device provider for at least five (5) years from the date the device is removed from the participant's vehicle. The records shall be disposed of in a manner compliant with relevant privacy laws and Section 4(3)(g) of this administrative regulation.

Section 4. Certification of Ignition Interlock Devices, Device Providers, and Service Providers.

(1) The Transportation Cabinet shall issue an RFQ to device providers in order to certify providers eligible to provide ignition interlock services and commodities required for the implementation and maintenance of the state's ignition interlock program.

(2) An ignition interlock device provider requesting certification of an ignition interlock device shall submit:

(a) An affidavit that the ignition interlock device complies with specifications and certification requirements established in the RFQ;

(b) Documentation for each model from either an ISO 17025 accredited, independent testing laboratory or the NHTSA testing laboratory that the ignition interlock device meets or exceeds NHTSA model specifications;

(c) Documentation that each ignition interlock device installed shall be equipped with a functional camera that documents the date, time, and photograph of all persons providing breath samples to the ignition interlock device; and

(d) An application fee pursuant to KRS 189A.350(5)(a).

(3) An ignition interlock device provider requesting certification pursuant to subsection (1) of this section shall:

(a) Submit:

Evidence that demonstrates successful experience in the development and maintenance of an ignition interlock service program, such as, for example, a resume, evaluation, or letter of recommendation; and
A list of jurisdictions served by the device provider;

(b) Provide a description of the training required, including its frequency, for persons employed by, contracted with, or permitted by the device provider to install, calibrate, remove, and provide continuing support for participants and the devices;

(c) Provide a plan that includes a location map describing the areas and locations of the device provider's proposed fixed installation and service facilities. The plan shall include at least one (1) fixed facility in each of the twelve (12) highway districts;

(d) Agree to the random or designated selection process to require coverage in underserved areas as established in the RFQ;

(e) Agree to initial service facility inspections, continuing random inspections, and annual inspections of each service facility by the cabinet or its designee. The device provider shall also agree to provide notice to the cabinet or its designee of the opening of new service facilities to permit the inspection of the facility within thirty (30) days of opening;

(f) Comply with all local business license and zoning regulations, and with all federal, state, and local health, fire, and building code requirements. The official valid business license and tax document shall be posted in a conspicuous place at the service facility immediately upon receipt, if applicable;

(g) Provide a plan for the receipt, maintenance, and destruction or return of participant's records consistent with court rules and the confidential maintenance of participant's records as required by the Driver's Privacy Protection Act, 18 U.S.C. 2721 and other applicable statutes;

(h) Provide proof of insurance covering the liability related to the manufacture, operation, installation, service, calibration, and removal of the devices with policy limits as established in the RFQ. The device provider's liability insurance shall be expressly considered primary in the policy;

(i) Designate a device provider representative authorized to speak on behalf of and bind the device provider and designated to work with the cabinet, the courts, and other agencies in the administration of the ignition interlock program;

(j) Maintain a toll-free twenty-four (24) hour emergency phone service that shall be used by participants to request assistance in the event of operational problems related to the device and that shall include technical assistance and aid in obtaining a roadside service call if needed;

(k) Demonstrate the ability to maintain sufficient, secure computer hardware and software compatible with the cabinet and court requirements to record, compile, and transmit data and information requested by the cabinet and the Administrative Office of the Courts;

(l) Agree to provide expert or other required testimony in any administrative, civil, or criminal proceedings pursuant to this administrative regulation and KRS Chapters 186 and 189A;

(m) Provide a complete list of any contractual fees that the participant may be required or requested to pay; and

(n) Adhere to the device settings as stated in the RFQ.

(4) A device provider shall, pursuant to KRS 189A.350(4)(f), notify the cabinet within seven (7) days of servicing an ignition interlock device of discovery of a participant's failure, if applicable, to comply with KRS 189A.340(4)(b)2. or 189A.345.

(5) Each device provider shall give the cabinet access to independently review the interlock user's activity including images.

(6) Pursuant to KRS 189A.070 or 189A.340, a device provider shall send the cabinet notification that the participant has been violation-free for the required compliance period as established in KRS 189A.340.

(a) For a participant who has incurred a first DUI offense within a ten (10) year period, the device provider shall send the cabinet notification that the participant has been violation-free within the first ninety (90) consecutive days of the required compliance period that begins as established in (c) of this subsection.

(b) For a participant who has incurred any subsequent DUI offenses within a ten (10) year period, the provider shall send the cabinet notification that the participant has been violation-free within the first one hundred twenty (120) consecutive days of the required compliance period that begins as established in (c) of this subsection.

(d)

Violations of the ninety (90) or one hundred twenty (120) consecutive day requirement shall be as established in KRS 189A.340(4)(b)2.b.
Violations that constitute a misdemeanor offense shall be established in KRS 189A.345.

(7) Consistent with and pursuant to the process established in the RFQ, a device provider shall provide either an interlock code or bypass capability to automobile mechanics, thereby causing the interlock device to be disabled during vehicle repair and maintenance.

(8) A device provider shall indemnify and hold harmless any unit of the Commonwealth or local government or Commonwealth or local government employees, public officers, or agents from all claims, demands, or actions as a result of damages or injury to persons or property, including death, that arise directly or indirectly out of the installation, omission, failure of installation, servicing, calibrating, or removal of an ignition interlock device. If the device provider's report of ignition interlock activities contains a verified error, the cabinet, department, or cabinet or department employees or agents shall be indemnified relevant to the error.

Section 5. Installation, Operation, Calibration, and Removal of Devices.

(1) An ignition interlock device shall be installed by or under the direction and supervision of a device provider in conformance with procedures of the device provider.

(2) Prior to installing the device, the provider shall obtain and retain copies from the participant of:

(a) Photo identification;

(b) The vehicle registration or title containing the VIN of the motor vehicle designated as primary by the participant and the name or names of the operators of the motor vehicle; and

(3)

(a) The device shall be inspected or calibrated by a technician designated by the device provider within thirty (30) days of installation and every sixty (60) days thereafter.

(b) A participant shall have the option to service the device at thirty (30) day intervals following the initial calibration.

(4) A service provider and technician shall use the calibration units approved by NHTSA, incorporated by reference that is available on the list of Conforming Products List of Calibrating Units for Breath Alcohol Testers at http://www.transportation.gov/odapc/conforming-product-list-calibrating-units-breath-alcohol-testers.

(5) An ignition interlock device provider shall ensure that technicians installing the device:

(a) Inspect, calibrate, or replace devices with a newly calibrated device at each inspection as required;

(b) Retrieve data from ignition interlock device data logs for the previous period and send the information to the appropriate authority, as established in KRS 189A.350(4)(f), within seven (7) days of discovery;

(d) Inspect devices and wiring for signs of tampering, record suspected violations, and transmit violation reports pursuant to this administrative regulation; and

(e) Conform to other calibration requirements established by the device provider.

(6) If a participant fails to have the device inspected or recalibrated as required by subsection (3)(a) of this section, the ignition interlock device shall be programmed to enter into a lockout condition, at which time the vehicle shall be required to be returned to the service provider.

(7) The participant shall be responsible for costs related to a service call unless the ignition interlock device failed through no fault of the participant, in which case the device provider shall be responsible for the applicable costs.

(8) Within ninety-six (96) hours of receipt of written notice issued by the cabinet directing removal of the device, a device provider shall, pursuant to this administrative regulation, notify the participant that he or she shall return the vehicle with the installed device for removal.

(9) If an ignition interlock device is removed for any reason, components of the motor vehicle altered by the installation of the device shall be restored to pre-installed conditions.

(10) The cabinet shall:

(a) Maintain a rotating list of certified ignition interlock device providers and approved facilities available at https://drive.ky.gov/driver-licensing/Pages/Ignition-Interlock-Program.aspx#certified-ignition-interlock-providers;

(b) Maintain a Kentucky Ignition Interlock Application, TC 94-175;

(c) Make available a uniform Ignition Interlock Certificate of Installation, TC 94-194, to be printed and distributed by device providers to their approved service providers and technicians documenting successful ignition interlock device installation;

(d) Issue an ignition interlock license to participants upon receipt of a completed Ignition Interlock Certificate of Installation, TC 94-194, and in compliance with the requirements of this administrative regulation. The license shall have an in-force status and indicate that it is an ignition interlock license by displaying a restriction code for an ignition interlock device;

(e) Make available a uniform Certificate of Removal for Ignition Interlock Device, TC 94-178, to be printed and distributed by device providers to their approved service providers and technicians documenting successful ignition interlock device removal; and

(f) As established in Section 2(18)(b) of this administrative regulation, remove the restriction code on the participant's driving record following receipt and review of the Certificate of Removal for Ignition Interlock Device, TC 94-178.

Section 6. Device Provider Suspension, Revocation, Voluntary Service Provider Closure, or Financial Insolvency.

(1) The cabinet shall indefinitely suspend or revoke certification of an ignition interlock device provider or individual service provider contracted by the device provider if:

(a) A device in use by that device provider and previously certified by the cabinet is discontinued by the manufacturer or device provider;

(b) The device provider's liability insurance is terminated or cancelled;

(d) There are defects in design, materials, or workmanship causing repeated failures of a device;

(e) A device provider fails to fully correct an identified service facility deficiency within thirty (30) days after having been notified by the cabinet or its designee to do so;

(f) A service provider impedes, interrupts, disrupts, or negatively impacts an investigation or inspection conducted by the cabinet or its designee involving customer service issues, motor vehicle damage, or a complaint brought by a third party;

(g) A public safety or client confidentiality issue with an ignition interlock device provider, service facility, or technician is identified;

(h) A device provider becomes insolvent or files for bankruptcy;

(i) The device provider requests a voluntary withdrawal; or

(j) The provider fails to comply with the requirements established in the RFQ used to apply for certification.

(2)

(a) The device provider shall be given at least thirty (30) days written notice of the existence of one (1) or more of the conditions established in subsection (1) of this section by letter from the Office of Highway Safety, served by certified mail, and an opportunity to respond to the allegations or correct the deficiencies within that period.

(b) The Office of Highway Safety shall consider the device provider's response or lack of response if deciding to suspend for a period of time or completely revoke the certification of the device provider.

(c) The device provider may appeal the decision of the Office of Highway Safety. An appeal shall be made and conducted pursuant to the provisions of KRS Chapter 13B.

(3) A device provider subject to suspension or revocation shall be responsible for and bear the costs associated with:

(a) Providing notice to participants; and

(b) The removal of currently installed devices and the installation of a new device by a device provider in good standing.

(4) A device provider subject to suspension or revocation shall continue to provide services for currently installed devices for a time calculated by the cabinet and based on the remaining ignition interlock period, but no longer than ninety (90) days.

(5) A device provider subject to suspension or revocation shall continue to provide services for currently installed devices. There shall not be a new ignition interlock device installation during the period of suspension.

(6)

(a) A device provider that terminates certification or goes out of business shall comply with the requirements established in subsection (3) of this section and shall continue to provide services in accordance with this administrative regulation for currently installed devices for ninety (90) days from the date of the device provider's notification to the cabinet that the device provider will be terminating ignition interlock services.

(b) A provider who terminates certification or goes out of business shall submit plans for transferring existing participants to other device providers to ensure continuity of service.

(c) A transfer plan shall be submitted to the cabinet for review by the Office of Highway Safety within thirty (30) days of the initial notification of intent to cease operations in the Commonwealth.

(d) The device provider shall be solely responsible for notifying participants with currently installed devices serviced by the device provider, and shall be solely responsible for charges related to removal and installation of a device by a new device provider.

Section 7. Surrender of Motor Vehicle License Plates.

(1) A defendant who does not have an ignition interlock license pursuant to KRS 189A.340, a hardship license under KRS 189A.410, or an exception under KRS 189A.085 shall surrender his or her license plate or plates pursuant to KRS 189A.085.

(2) Upon receipt of a request for a vehicle registration inventory from a court, the cabinet shall:

(a) Conduct a search of the automated vehicle information system;

(b) Identify motor vehicles owned or jointly owned by the person named on the request; and

(c) Return the results of the search to the court by noon Eastern time, the next working day after the request is received, if the request is received by noon Eastern time. A request received after noon Eastern time shall be returned to the court by the close of business the second working day after the request is received.

(3) Upon receipt of a court order impounding a license plate pursuant to KRS 189A.085, the cabinet shall suspend the motor vehicle registration. The cabinet shall not suspend the registration of any motor vehicle pursuant to KRS 189A.085 unless a court order has been received.

(4) The court shall return each confiscated license plate to the cabinet. The cabinet shall bear the responsibility for reasonable postage or shipping costs for the return of confiscated license plate.

(5) After the motor vehicle license plate suspension period has expired, the county clerk shall reissue a motor vehicle license plate and registration receipt upon the request of the vehicle owner.

(a) If the registration period of the suspended license plate has not expired, the new registration shall be issued pursuant to KRS 186.180(2).

(b) If the suspended license plate has expired, the registration shall be issued as a renewal registration pursuant to KRS 186.050.

Section 8. Suspensions and Compliance Periods. As established in KRS 189A.070 and this administrative regulation, the incentive and compliance-based review periods that correspond with the license suspension period shall be established in the table in this section.

Section 9. Monitoring.

(1) The Division of Driver Licensing shall monitor the reports provided by the device provider for violations as established in KRS 189A.340(4)(b)2.b, KRS 189A.345, and in Section 4(6)(d) of this administrative regulation.

(2) Based on the date provided on the KIIP participation approval letter indicating the beginning of the compliance period, device providers shall, pursuant to Section 4(4) of this administrative regulation and KRS 189A.350(4)(f), notify the cabinet of any violations under KRS 189A.340(4)(b)2.b. within seven (7) days of discovery of the occurrence of that violation.

(3) If the Division of Driver Licensing observes a violation, the division shall note the violation on the driving record and the time credited to the compliance period shall be voided.

(4) Any appeal stemming from these determinations shall be administered pursuant to Section 10 of this administrative regulation.

(5) If an ignition interlock device provider is notified or discovers evidence or information that a participant or others have committed an offense in violation of KRS 189A.345, the ignition interlock device provider shall provide notice of the alleged violation and any corresponding information related to the alleged offense to the cabinet and law enforcement within seven (7) days of discovery of the occurrence pursuant to KRS 189A.350(4)(f). The device provider shall:

(a) Notify the cabinet of the name of the participant or other offender and the location where the alleged offense occurred;

(b) Notify law enforcement in the county where the offense is alleged to have occurred; and

(c) Provide all evidence to the law enforcement in the county where the offense is alleged to have occurred, including, for example, documents, photographs, alcohol test results, witness names, and any other information related to the alleged offense.

(6) If the cabinet discovers evidence or information that a participant or others have committed an offense in violation of KRS 189A.345, the cabinet shall:

(a) Notify law enforcement in the county where the offense is alleged to have occurred; and

(b) Provide all evidence to the law enforcement in the county where the offense is alleged to have occurred, including, for example, documents, photographs, alcohol test results, witness names, and any other information related to the alleged offense.

(7) Once the participant has complied with the Ignition Interlock Incentive Period, the device provider shall, pursuant KRS 189A.340(4)(b)2.a., issue a final report to the cabinet that verifies that the participant has satisfied the compliance requirements of the Ignition Interlock Incentive Period. Once the cabinet has made a determination regarding the final report pursuant to Section 2(18) and Section 5(10) of this administrative regulation, the cabinet shall issue a removal letter to the participant stating that the ignition interlock device may be removed.

(8) A participant shall receive day-for-day credit for days that the person held a valid ignition interlock license or while receiving alcohol or substance abuse treatment in a licensed, inpatient residential facility pursuant to KRS 189A.340(5) and 908 KAR 1:310.

(9) A participant shall not receive day-for-day credit for days that the person utilizes the employer exemption pursuant to KRS 189A.340(6).

(a) A participant seeking to utilize the employer exemption pursuant to KRS 189A.340(6) shall submit a notarized Kentucky Ignition Interlock Program Employer Work Exemption Application, TC 94-190.

(b) A participant that has applied for the employer exemption pursuant to KRS 189A.340(6) shall be granted the exemption by the cabinet if the applicant tenders a completed and notarized Kentucky Ignition Interlock Program Employer Work Exemption Application, TC 94-190, in satisfaction of KRS 189A.340(6)(a) and (b).

Section 10. Appeals. (1) An appeal of any action taken by the Transportation Cabinet pursuant to KRS 189A.340 shall be conducted pursuant to KRS 189A.370.

Section 11. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Ignition Interlock Program Application," TC 94-175, September 2020;

(b) "Breath Alcohol Ignition Interlock Physician Statement," TC 94-176, July 2020;

(d) "Kentucky Ignition Interlock Program Affordability Application," TC 94-188, September 2020;

(e) "Kentucky Ignition Interlock Program Employer Work Exemption Application," TC 94-190, September 2020;

(f) "Ignition Interlock Certificate of Installation," TC 94-194, April 2021;

(g) "Certified Ignition Interlock Providers" by the Kentucky Transportation Cabinet, Division of Driver Licensing, is available electronically at https://drive.ky.gov/driver-licensing/Pages/Ignition-Interlock-Program.aspx#certified-ignition-interlock-providers;

(h) "Conforming Products List of Calibrating Units for Breath Alcohol Testers" by the National Highway Traffic Safety Administration, revised October 22, 2012, available at http://www.transportation.gov/odapc/conforming-product-list-calibrating-units-breath-alcohol-testers; and

(i) "Model Guideline for State Ignition Interlock Programs" by the National Highway Traffic Safety Administration, revised November 2013, available at nhtsa.gov/staticfiles/nti/pdf/811859.pdf.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Highways, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. through 4:30 p.m. This material is also available at Transportation Cabinet Regional Field Offices, on the cabinet's web site at http://drive.ky.gov, and on the cabinet's Administrative Regulations Filings web site at https://transportation.ky.gov/LegalServices/Pages/Filings.aspx.

History

RELATES TO: KRS Chapter 45A, 186.010, 186.050, 186.180, 186.480, 186.531, 186.560, 186.570, 189A.005, 189A.010, 189A.040, 189A.045, 189A.070, 189A.085, 189A.090, 189A.103, 189A.105, 189A.107, 189A.200, 189A.220, 189A.240, 189A.250, 189A.340, 189A.345, 189A.350, 189A.370, 189A.380, 189A.400, 205.712, 18 U.S.C. 2721
STATUTORY AUTHORITY: KRS 189A.350
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.350 requires the Transportation Cabinet to promulgate administrative regulations to carry out provisions regarding the implementation of the Commonwealth's ignition interlock program for motor vehicle drivers who violate KRS 189A.010 or 189A.090. This administrative regulation establishes the duties and responsibilities of ignition interlock device providers wishing to enter into an agreement with the Commonwealth of Kentucky and the Transportation Cabinet for the administration and implementation of the ignition interlock device program and further establishes requirements for certifying ignition interlock devices under this program. This administrative regulation also establishes the requirements for an applicant with a violation of KRS 189A.010 or 189A.090 to obtain an ignition interlock device and license and has the potential benefit of shortening a suspension period if a participant does not have a device violation.
History: 47 Ky.R. 2499, 48 Ky.R. 429; eff. 11-30-2021.

Chapter 9 Motor Vehicle Tax

601 KAR 9:012 Personalized license plates {#sec-601-kar-9-012 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:012}

Section 1. An application for a personalized license plate shall be submitted on the form and in the manner specified in Section 11 of 601 KAR 9:130.

Section 2.

(1) If more than one (1) application is received by the cabinet requesting the same combination of letters of the alphabet or Arabic numerals, the application received first is the one which the cabinet shall accept and issue a personalized license plate based thereon.

(2) In order to establish the time of receipt each application shall immediately be time-stamped. This time-stamp shall also be used by the cabinet to determine whether the application was timely received.

Section 3. A personalized plate shall not be placed on a motor vehicle other than the one for which it was issued.

Section 4.

(1) A personalized plate shall be obtained from the county clerk of the county in which the applicant is required to register his vehicle.

(2) If an applicant moves to another county prior to the time he would be required to obtain his personalized plate:

(a) The applicant shall notify the cabinet of the new county of residence; and

(b) The cabinet shall forward his personalized plate to the clerk of his new county of residence.

(3) If an applicant moves to another county after the time he would be required to obtain his personalized plate, he shall notify the following:

(a) The cabinet;

(b) The county clerk of his new county of residence; and

(4) The county clerk of the applicant's former county of residence shall, upon notification, forward the plate to the applicant's new county of residence.

Section 5.

(1) If a personalized plate is issued through oversight or any other reason which carries letter or number combinations offensive to good taste and decency, it shall be recalled by the cabinet and a regular registration license plate issued under KRS 186.050(1) shall be obtained by the owner of the motor vehicle and placed on the vehicle.

(2) If the personalized plate is recalled, the twenty-five (25) dollar fee shall be refunded.

Section 6. If a personalized plate is not renewed before September 1 of the year preceding that in which it was to be issued, the cabinet shall not issue a plate bearing the same letter or number combinations for one (1) year and then only upon proper application.

History

RELATES TO: KRS 186.174
STATUTORY AUTHORITY: KRS 186.174
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.174 empowers the Transportation Cabinet to adopt administrative regulations to establish a program for the issuance of a personalized license plate. This administrative regulation implement the provisions of KRS 186.174.
History: 601 KAR 009:012. 3 Ky.R. 186; eff. 9-1-1976; 14 Ky.R. 250; eff. 9-10-1987; 20 Ky.R. 414; eff. 10-5-1993; eff. 2-11-2019; Crt eff. 1-9-2026.

601 KAR 9:015 Registration of motor vehicle dealers and manufacturers {#sec-601-kar-9-015 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:015}

Section 1. County Clerk Procedures.

(1) The county clerk, before issuing a motor vehicle dealer or motor vehicle manufacturer a certificate of registration and a license plate pursuant to KRS 186.070, shall require each applicant to present a license issued by the Motor Vehicle Commission showing that he or she has qualified as a motor vehicle dealer or motor vehicle manufacturer as provided by KRS 190.010.

(2) The clerk shall insert on the face of the dealer registration certificate the license number issued by the Motor Vehicle Commission.

Section 2. Licensing.

(1) A motor vehicle manufacturer or motor vehicle dealer shall file Motor Vehicle Dealer or Manufacturer's Dealer Plate Usage Authorization Register, TC Form 96-10B with the county clerk to obtain a manufacturer's or dealer's license plate.

(2)

(a) A motor vehicle manufacturer or motor vehicle dealership shall authorize an employee to drive a motor vehicle by signing a Kentucky Motor Vehicle Dealer or Manufacturer Temporary Employee Transportation Permit For Dealer Usage, TC Form 96-10A.

(b) A completed and original Kentucky Motor Vehicle Dealer or Manufacturer Temporary Employee Transportation Permit For Dealer Usage, TC Form 96-10A, signed by the designated representative of a motor vehicle dealership or motor vehicle manufacturer shall be placed in a motor vehicle being transported and shall be valid for five (5) days.

Section 3. Revocation Procedures. A motor vehicle dealer or motor vehicle manufacturer whose license has been revoked pursuant to KRS 186.070 shall follow the license revocation procedures established in KRS 190.040.

Section 4.

(1) Incorporation by Reference. The following material is incorporated by reference:

(a) "Kentucky Motor Vehicle Dealer or Manufacturer Temporary Employee Transportation Permit For Dealer Plate Usage", TC Form 96-10A, July, 2010;

(b) "Motor Vehicle Dealer or Manufacturer's Dealer Plate Usage Authorization Register", TC Form 96-10B, July, 2010.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Division of Motor Vehicle Licensing, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 186.070, 190.010, 190.040
STATUTORY AUTHORITY: KRS 174.080, 186.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.070 requires the Transportation Cabinet to promulgate an administrative regulation establishing the license revocation procedures for motor vehicle manufacturers and motor vehicle dealers. This administrative regulation establishes the license revocation procedures and establishes procedures for a county clerk to insure that a motor vehicle dealer or motor vehicle manufacturer is qualified and licensed as required in KRS 186.070.
History: RG-14-1; 1 Ky.R. 795; eff. 5-14-1975; 14 Ky.R. 252; eff. 9-10-1987; 20 Ky.R. 415; eff. 10-5-1993; 37 Ky.R. 968; eff. 11-5-2010; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

601 KAR 9:040 Reciprocity and motor vehicle identification cards {#sec-601-kar-9-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:040}

Section 1. In General.

(1) Before a motor carrier is entitled to reciprocity whereby the operation of its motor vehicles engaged exclusively in interstate commerce is exempted from payment of registration fees as required by KRS 186.050, or seat taxes as required by KRS 186.276-186.286, there shall be a reciprocity agreement between the Commonwealth of Kentucky and the state in which the motor carrier's equipment should be and is properly licensed.

(2) In determining if a motor vehicle is entitled to reciprocity, the law of Kentucky dealing with reciprocity, administrative regulations of the cabinet, and the reciprocity agreements between the states involved shall be the determining factors.

Section 2. Identification Cards for Vehicles Operating Under Reciprocity Agreements.

(1) Before any motor vehicle operated under a reciprocity agreement and operated by a motor carrier as described in KRS 138.655(5) and (7) and KRS 281.011(3), (4), and (5) shall be entitled to reciprocal privileges when operating in interstate commerce in Kentucky and entitled to use the highways of this state, the owners and operators shall apply to the Transportation Cabinet for a motor vehicle identification card.

(2) The application shall be on form TC 95-38, "Application for Kentucky Vehicle Identification Card for Year____" last revised in September, 1993. This form is hereby incorporated by reference.

(3) Except as provided in Section 9 of this administrative regulation, the application shall be accompanied by a fee of ten (10) dollars for each motor vehicle identification card applied for.

(4) This card shall be carried in the cab of the motor vehicle at all times. Failure to display this card shall constitute a violation of KRS 138.665, 281.750 or 281.752.

Section 3. Motor Vehicle Identification Cards for Vehicles Licensed in Kentucky. Before any motor vehicle registered and licensed in Kentucky and operated by a motor carrier as described in KRS 138.655(5) and (7) and 281.011(3), (4) and (5) can be operated in intrastate commerce or interstate commerce, the vehicle shall have a vehicle identification card issued by the Transportation Cabinet after application by the owner or operator on form TC 95-38.

(1) This card shall be carried in the cab of the vehicle at all times.

(2) A fee shall not be charged by the cabinet for the issuance of this card.

(3) Failure to display this card shall constitute a violation of KRS 138.665, 281.750 or 281.752.

Section 4. Information to be Set Out on the Motor Vehicle Identification Cards. Motor vehicle identification cards shall be issued annually upon payment of the prescribed fee and upon compliance with all statutory requirements and appropriate administrative regulations. The card shall contain the following:

(1) A designation of "private carrier" or "for hire carrier";

(2) The name and address of the holder;

(3) The identification of the vehicle;

(4) The vehicle combined license weight or the actual combined weight of the vehicle and any towed unit when operated on the public highways of the state during the current registration year; and

(5) The KYU license number issued to the owner or operator by the Transportation Cabinet under KRS 138.655 for the use of gasoline and special fuels on the public highways of this state.

Section 5. Temporary Identification Documents.

(1)

(a) Notwithstanding the provisions of Sections 2 and 3 of this administrative regulation, any operator of a motor vehicle qualified to operate intrastate or interstate in Kentucky and using either a leased or owned vehicle may elect to obtain a thirty (30) day emergency permit issued by the cabinet.

(b) The permits shall be issued for a fee of ten (10) dollars each.

(d) The motor carrier to whom a thirty (30) day emergency permit is issued shall be responsible for the proper use of the permit by the lessor.

(e) The motor carrier shall write in ink on each thirty (30) day emergency permit issued to it the date of execution.

(f) The thirty (30) day emergency permit shall be removed from the vehicle and destroyed at the expiration of the lease or thirty (30) days, whichever is shorter.

(g) Any vehicle operating with a thirty (30) day emergency permit which has not been dated as required herein shall be deemed to be operating without identification and the motor carrier shall be subject to the penalties provided by law.

(2)

(a) Effective February 1, 1987, notwithstanding the provisions of Sections 2 and 3 of this administrative regulation, any operator of a vehicle qualified to operate intrastate or interstate in Kentucky may elect to obtain a temporary authority permit in lieu of an annual vehicle identification card.

(b) The temporary permit shall be issued for a period not to exceed ten (10) days.

(c) Temporary permits may be issued in person, by mail or transmitted collect on delivery via designated wire or transmittal company.

(d) The fee for this permit is ten (10) dollars plus any applicable transmittal charges when transmitted collect on delivery via designated wire or transmittal company to a requested location.

(e) The permit shall contain the same information as set forth on the annual vehicle identification card.

(f) The permit shall be displayed in the cab of the vehicle while it is operating in Kentucky.

(3) For the purpose of convenience for permit applicants and of the cabinet, all permits requested by an applicant may be combined and transmitted in one (1) document.

Section 6. Itinerant Truckers. Motor vehicles used by itinerant truckers, salesmen, solicitors and peddlers to transport merchandise to be sold and disposed of in Kentucky, while upon or from a public highway or street, shall not be entitled to reciprocal privileges while in Kentucky except where contrary provisions are made by the reciprocity agreements in effect between Kentucky and the state where the vehicle is licensed.

Section 7. Violations of Kentucky Law. Any motor vehicle operating into or through Kentucky within the discretion of the cabinet, shall be denied reciprocal privileges in Kentucky in addition to the other penalties provided by the Kentucky revised statutes if the vehicle is being operated:

(1) In excess of the maximum weight or size limit allowed by the provisions of KRS 189.221 and 189.222, or in excess of the maximum weight or size limits allowed by overweight or oversize permits issued pursuant to the provisions of KRS 189.221 through 189.274;

(2) While failing to display the motor vehicle identification card to display the motor vehicle identification card required by Sections 2, 3, 4 and 5 of this administrative regulation; or

(3) In intrastate commerce without a nonreciprocal trip permit unless apportioned registered in Kentucky under the provisions of the Interstate Registration Plan.

Section 8. Nonreciprocal Trip Permits.

(1) A nonreciprocal trip permit issued in accordance to KRS 281.838 shall be obtained in advance of operations in this state.

(2) The application for the permit shall at a minimum briefly describe the vehicle and include the name of the operator.

Section 9. Proof of Fee Payment.

(1) In conjunction with payment of the fees set forth in KRS 281.752, if a for-hire motor carrier is operating in interstate or foreign commerce under a certificate or permit issued by the Interstate Commerce Commission and has been issued a registration receipt applicable to operations in Kentucky pursuant to 49 C.F.R. Part 1023, a fee shall not be required for the motor vehicle identification card required in Section 2 of this administrative regulation.

(2) In order to provide proof that Kentucky's portion of the fees collected by another jurisdiction pursuant to 49 C.F.R. Part 1023 have been paid the representative of the Interstate Commerce Commission authorized for-hire motor carrier shall certify this payment on form TC 95-38.

Section 10. Material Incorporated by Reference. The forms incorporated by reference as part of this section may be copied, viewed or obtained from the Division of Motor Carriers. The Division of Motor Carriers is on the Third Floor of the State Office Building in Frankfort, Kentucky. Its mailing address is P.O. Box 2007, Frankfort, Kentucky 40602. The telephone number is (502) 564-4540. Its business hours are 8 a.m. to 4:30 p.m. local prevailing time on all weekdays except state holidays.

History

RELATES TO: KRS Chapters 138, 186, 281
STATUTORY AUTHORITY: KRS 281.600, 281.610, 281.750, 281.752
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapters 138, 186 and 281 require the Transportation Cabinet to administer and enforce motor vehicle laws and the highway use tax laws and to regulate the transportation of persons and property for hire. This administrative regulation establishes the identifying documents required, and the fees therefor, necessary to enforce and administer the requirements of these laws.
History: DMT-24; 1 Ky.R. 796; eff. 5-14-1975; 2 Ky.R. 257; eff. 1-14-1976; 599; 3 Ky.R. 294; eff. 8-4-1976; 13 Ky.R. 746; eff. 11-11-1986; 14 Ky.R. 252; eff. 9-10-1987; 20 Ky.R. 1386; eff. 2-10-1994; Crt eff. 11-26-2019; Crt eff. 8-27-2026.

601 KAR 9:045 Proportional registration of rental vehicle fleets {#sec-601-kar-9-045 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:045}

Section 1.

(1) Proportional registration of fleets of rental vehicles. An owner or operator of a fleet or fleets of vehicles which are used exclusively for rental purposes for a period of less than thirty (30) days, may elect to proportionally register its fleet in the Commonwealth of Kentucky. The owner or operator who makes this election shall file an application with the Department of Vehicle Regulation on or before sixty (60) days prior to the registration period.

(2) The application shall be upon forms furnished by the department except, that for good cause, the commissioner may approve the use of and receive an application on a form furnished by the fleet owner. The approval for the substitute form shall be secured at least thirty (30) days prior to it use. Also, the request for the use of such forms shall be in writing, setting forth circumstances to show why the standard forms would pose a hardship.

(3) The proportional registrant shall maintain complete records, which shall be subject to inspection by an authorized agent of the Department of Vehicle Regulation. The mileage and financial records and all other records supporting the sworn application and not filed with the application, shall be maintained for a period not less than three (3) years.

Section 2. Commercial Vehicles (Trucks and Truck Tractors).

(1) The application for registration of rental trucks and truck tractors shall be supported by a listing of all units in the rental fleet. These units shall be arranged in ascending sequential order by the identifying fleet unit number and reflect the following data for each unit: year, make, manufacturer's vehicle identification number, and declared gross weight. The applicant shall compute the number of units in each weight class in the fleet that shall be registered in the Commonwealth of Kentucky by dividing the total miles traveled in Kentucky by all units in each weight class for the year ending on the preceding August 31, by the total miles traveled in all jurisdictions by the same units for the same period of time, the resulting quotient, rounded to the nearest ten-thousandths (10/1000), shall be multiplied by the total number of units in each weight class; provided, however, any fractional part shall be rounded and reported as one (1) unit. The weight classes shall be in accordance with the schedule of weight classes set forth in KRS 186.050(3).

(2) The department shall have thirty (30) days in which to examine, approve, or reject and return the application. During the period commencing March 1 and ending at midnight on April 1, the owner shall apply for registration pursuant to the provisions of KRS 186.020 for the number of units reflected on the approved application.

Section 3. Passenger Cars.

(1) The application for registration of a fleet of rental passenger cars shall show:

(a) Total number of units in the rental fleet;

(b) Total amount of revenue arising from rental transaction from the total fleet for the previous year ending August 31;

(c) Total amount of revenue arising from rental transaction in this jurisdiction for the previous year ending August 31; and

(d) The percentage of revenue arising in this jurisdiction to total revenue shall be multiplied by the number of vehicles in such fleet. The result establishes the number of units which shall be licensed in Kentucky and shall be included on the application.

(2) The department shall have thirty (30) days in which to examine, approve, or reject and return such application.

(3) During the period commencing on the first day of the owner's birth month and ending at the close of business on the last day of the owner's birth month, the owner shall apply for registration pursuant to the provisions of KRS 186.020 for the number of units reflected on the approved application. For corporations, the month of incorporation shall be considered the birth month.

Section 4. Registration of Additional Fleet Vehicles. Vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet shall be registered by applying the same percentage used in the original application for such fleet, for such registration period, the regular registration fees due with respect to such vehicles for the remainder of the registration year.

Section 5. An owner of a fleet of rental vehicles as defined in the Articles of the International Registration Plan shall be deemed to have complied with the provisions of this administrative regulation if the owner has registered the fleet of vehicles under the applicable portion of the Articles of the International Registration Plan. This compliance shall be determined and stated in writing by the commissioner of the Department of Vehicle Regulation or his designee. The designee shall be appointed in writing.

History

RELATES TO: KRS Chapter 186
STATUTORY AUTHORITY: KRS 186.020, 186.050
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation sets out procedures to follow in registering rental vehicle fleets in the Commonwealth that qualify for proportional registration by virtue of engaging in interstate commerce, or in a combination of interstate and intrastate commerce, and operating into, through or within the Commonwealth.
History: DMT-25; 1 Ky.R. 797; eff. 5-14-1975; 16 Ky.R. 1244; 1586; eff. 2-3-1990; Crt eff. 11-26-2019; Crt eff. 8-27-2026.

601 KAR 9:080 Assigned or replacement vehicle identification number {#sec-601-kar-9-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:080}

Section 1. When applying for a new or replacement vehicle identification number as permitted by KRS 186A.090, the owner of the motor vehicle, trailer or semitrailer but excluding mobile homes shall do the following:

(1) Complete, in full, the form for application for motor number or vehicle identification number prescribed and furnished by the Transportation Cabinet. This application must be signed and notarized.

(2) Submit the completed application to the county clerk or deliver in person to the Department of Vehicle Regulation, Division of Motor Vehicle Licensing, Frankfort, Kentucky. Attached to the completed application shall be proof of vehicle ownership, such as title, registration, affidavit, or court order, a notarized statement explaining why there is no serial or identification number on the vehicle and the address where the vehicle may be examined.

Section 2. The county clerk shall submit all documentation received to a certified motor vehicle inspector. The certified inspector shall examine the vehicle and assure that it is lawfully owned by the applicant. The certified inspector, after determining that the applicant is the lawful owner and completing any applicable portions of the application form, shall submit his findings and the completed application and supporting documentation to the Department of Vehicle Regulation.

Section 3. When the Department of Vehicle Regulation approves the application, a vehicle identification number shall be assigned. After the vehicle identification number is assigned, the Department of State Police Vehicle Investigation Section shall designate how and where the assigned number shall be affixed on the vehicle. The vehicle identification number plate, certified copy of the application and diagram showing the location on the vehicle where the Department of State Police require the vehicle identification number plate be affixed shall be provided the certified inspector. The certified inspector from the county where the registration and/or title is to be obtained shall inspect the vehicle and verify that the number plate is affixed to the vehicle in the location designated by the Kentucky State Police.

Section 4. The fully completed inspection form shall be forwarded to the county clerk by the certified inspector. The county clerk shall register the vehicle and then forward the application to the Department of Vehicle Regulation.

History

RELATES TO: KRS 186A.090
STATUTORY AUTHORITY: KRS 186A.090, 186.1911
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation prescribes how to apply for a new or replacement vehicle identification number plate through the Department of Vehicle Regulation when the previous number is missing or when the vehicle or trailer has never had a vehicle identification number; and how a vehicle identification number plate shall be placed on the vehicle after approval and production by the Department of Vehicle Regulation as required by KRS 186A.090.
History: 601 KAR 009:080. 10 Ky.R. 327; eff. 1-4-1984; 14 Ky.R. 261; eff. 9-10-1987; Crt eff. 2-18-2019; Crt. eff. 1-9-2026.

601 KAR 9:085 Procedures for becoming a certified motor vehicle inspector {#sec-601-kar-9-085 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:085}

Section 1. Requirements.

(1) The sheriff of the county for which the individual is to be certified shall submit the information established in paragraphs (a) through (g) of this subsection to the commissioner of the Department of Vehicle Regulation:

(a) Name of sheriff;

(b) Designation of sheriff or sheriff elect;

(d) Sheriff's Social Security number;

(e) Sheriff's signature;

(f) Date the document was executed by the sheriff; and

(g) The proposed inspector's:

Name;
Business mailing address;
County of residence;
Business and residence telephone numbers;
Current designation as certified inspector including inspector number and county, if applicable;
Prior inspector training and date, if applicable; and
Certification that he or she has attended the training to become a certified motor vehicle inspector.

(2) If a sheriff has vacated his or her office and a certified motor vehicle inspector is not available in the county, the commissioner of the Department of Vehicle Regulation shall designate a temporary certified inspector until a new sheriff takes office.

(3) An applicant for certification as a motor vehicle inspector shall:

(a) Be eighteen (18) years of age or older;

(b) Be a resident of the Commonwealth of Kentucky;

(d) Not have a misdemeanor conviction or pending charge related to KRS Chapter 516 or 523.

(4) A licensed motor vehicle dealer or an employee in his or her dealership shall not be eligible to become a certified motor vehicle inspector.

(5) An applicant shall attend a training program conducted by the Department of Vehicle Regulation in conjunction with the Kentucky State Police.

(6) An applicant who attends the training program shall receive a certificate from the commissioner of the Department of Vehicle Regulation certifying the applicant as a motor vehicle inspector.

(7) A certificate shall be valid for four (4) years.

(8) Six (6) months prior to the expiration of the four (4) year certificate, an inspector may be recertified. Recertification shall require attending a training program pursuant to subsection five (5) of this section.

Section 2. Revocation.

(1) If a notification of withdrawal of designation is received by the Department of Vehicle Regulation from the county sheriff, the commissioner shall revoke the individual's certification.

(2) A certified motor vehicle inspector whose certification has been suspended or revoked shall not be eligible to inspect a motor vehicle.

(3) The commissioner of the Department of Vehicle Regulation shall revoke or suspend the certification of a certified inspector if the inspector:

(a) Is convicted of a felony or has a pending felony charge;

(b) Is convicted of a misdemeanor or has a pending misdemeanor charge relating to perjury or forgery as established in Section 1(3) of this administrative regulation; or

Section 3. Appeal.

(1) At least thirty (30) days prior to revoking or suspending a certificate, the department shall notify the certified inspector in writing of the action the department proposes to take and the reasons.

(2) A certified inspector may appeal the action. Appeal shall be within forty-five (45) days.

(3) The notice of appeal shall be in writing to the Commissioner of Vehicle Regulation and shall state the basis for the appeal.

(4) An appeal shall be conducted in accordance with KRS Chapter 13B.

History

RELATES TO: KRS 186A.115, 516, 523
STATUTORY AUTHORITY: KRS 186A.115(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.115(1)(a) requires the department to promulgate an administrative regulation establishing the certification requirements for a certified motor vehicle inspector. This administrative regulation establishes the requirements necessary to become a certified motor vehicle inspector and the process required for a motor vehicle inspector to be recertified.
History: 601 KAR 009:085. 10 Ky.R. 327; eff. 1-4-1984; 14 Ky.R. 261; eff. 9-10-1987; 20 Ky.R. 418; 761; eff. 10-5-1993; 30 Ky.R. 1354; 2150; eff. 4-12-2004; 40 Ky.R. 1435; 2129; eff. 4-4-2014; Crt eff. 2-18-2019; Crt. eff. 1-9-2026.

601 KAR 9:090 Procedures for inspecting vehicles {#sec-601-kar-9-090 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:090}

Section 1. Definitions.

(1) "Roadworthiness" means "roadworthy condition" as defined by KRS 186A.510(8).

(2) "Salvage title" means the certificate of title for a vehicle that is not driven on a highway.

Section 2. Inspection of Vehicles Brought into Kentucky.

(1) If an owner of a vehicle brought into the state as established in KRS 186A.115 does not have the title to that vehicle available upon the vehicle's physical inspection for roadworthiness, the certified motor vehicle inspector shall be allowed to inspect the vehicle and complete the certified inspector section of the application for title.

(2) A certified inspector shall not sign or date the application for title of a vehicle brought into this state until the title for the vehicle being inspected is surrendered to the certified motor vehicle inspector for examination and verification.

(3)

(a) If the federal safety standard label on the door of the vehicle is missing or illegible, the certified motor vehicle inspector shall document this discrepancy on the application.

(b) The certified motor vehicle inspector shall certify the inspection by using the vehicle identification number plate and the corresponding number on the vehicle title document.

Section 3. Inspection of Rebuilt or Reconstructed Vehicles.

(1) A certified motor vehicle inspector shall inspect and certify a specially constructed or reconstructed vehicle if an outstanding motor vehicle title or manufacturers statement of origin document does not exist.

(2) A motor vehicle owner applying for a salvage title shall not be required to have a certified motor vehicle inspection.

Section 4. Procedures of Inspector.

(1) A certified motor vehicle inspector shall not inspect a vehicle if the inspector has an interest or ownership in the vehicle, or if the vehicle is owned by the inspector's immediate family.

(2)

(a) Before signing the certificate of inspection for a specially constructed or reconstructed vehicle, a certified motor vehicle inspector shall perform a physical inspection of the vehicle.

(b) A certified vehicle inspector shall insure that the vehicle complies with the equipment and safety requirements of KRS 189.010 through 189.210.

(c) The certified inspector shall execute a certificate of inspection if the vehicle complies with the equipment and safety requirements established by KRS 189.010 through 189.210.

History

RELATES TO: KRS 186A.115, 186A.500-550, 189.010-210
STATUTORY AUTHORITY: KRS 186A.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.020 authorizes the cabinet to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 186A. This administrative regulation establishes an alternate procedure for inspecting vehicles by Kentucky certified inspectors.
History: 10 Ky.R. 328; eff. 1-4-1984; 15 Ky.R. 540; eff. 10-4-1988; 39 Ky.R. 274; eff. 11-2-2012; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

601 KAR 9:115 Heavy vehicle use tax {#sec-601-kar-9-115 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:115}

Section 1. Definitions. The words and phrases in this section shall have the following definitions when used in this administrative regulation:

(1) "Form 2290" means the United States Department of the Treasury, Internal Revenue Service Form 2290.

(2) "Declared gross weight" means the sum of the actual unloaded weight of the vehicle fully equipped for service, the actual unloaded weight of any trailer or semitrailer fully equipped for service that is customarily used in combination with the vehicle, and the weight of the maximum load customarily carried on the vehicle and on any trailer or semitrailer used in combination with the vehicle. For the purposes of the implementation of this administrative regulation only, and in accord with 26 CFR 41.6001-2(6)(2)(i) of the Code of Federal Regulations, any vehicle registered in the 44,001-55,000 pound bracket shall be determined to have a declared gross weight of 54,999 pounds.

(3) "Receipted" means stamped or otherwise acknowledged as received by the United States Department of the Treasury, Internal Revenue Service.

(4) "Motor vehicle" means any truck or bus that is propelled by its own motor and is designed to carry a load over public highways. It does not matter whether it was designed to perform functions other than carrying loads. The phrase does not include vehicles not used for highway transportation, such as farm tractors, road graders, bulldozers or specialized motor equipment used for nontransportation functions.

Section 2. Proof of Payment Required. Proof of payment of the federal heavy vehicle use tax must be presented before any motor vehicle with a declared gross weight of vehicle and any towed unit of 55,000 pounds or more is registered in the Commonwealth of Kentucky.

Section 3. Acceptable Proofs of Payment. The applicant must present to the county clerk or Transportation Cabinet if applying for an apportioned registration under the International Registration Plan:

(1) A receipted copy of the Form 2290, Schedule 1 which includes tax assessment or suspension of tax liability for the date of application for vehicle registration; or

(2) A photocopy of the completed Form 2290 with Schedule 1 attached as the form was submitted to the Internal Revenue Service. The cancelled check or a photocopy of the front and back of the cancelled check showing payment to the Internal Revenue Service in accordance with the submitted Form 2290 must also be attached. The Form 2290 check must include tax assessment for the date of application for vehicle registration.

Section 4. Exempt Vehicles. In the following instances no proof of payment of the federal heavy vehicle use tax is required prior to registration of the motor vehicle:

(1) Application for the registration of a motor vehicle in Kentucky for the first time if the vehicle changed ownership within sixty (60) days immediately preceding the date of application. Proof of ownership change shall be limited to the original or photocopy of the bill of sale and a copy of the manufacturers statement of origin or title from a foreign jurisdiction.

(2) Application for the transfer of vehicle ownership for a vehicle with a current, valid Kentucky registration if the vehicle changed ownership within sixty (60) days immediately preceding the date of application. Proof of ownership change shall be limited to the original or photocopy of the bill of sale and the Kentucky title of the motor vehicle.

(3) Application for a change in the type of registration of a motor vehicle with a current valid registration during the same registration year providing proof of payment of the federal heavy vehicle use tax was submitted at the registration of the vehicle earlier during the registration year, i.e., the vehicle is currently registered for a declared gross weight of 55,000 pounds or greater.

Section 5. Special Conditions.

(1) A receipted copy of the Form 2290, Schedule 1 is required to be provided with the application for registration of a motor vehicle which is exempted from the payment of the federal heavy vehicle use tax on the basis of mileage.

(2) Applicants with a Form 2290 listing in excess of twenty-one (21) vehicles may register up to the number of vehicles shown on the Form 2290 without matching individual vehicle identification numbers if the vehicle owner is the same as the tax payer as shown on the Form 2290. Otherwise, the vehicle identification number on the registration application and the motor vehicle must match the vehicle identification number on the Form 2290 prior to registration of the motor vehicle.

(3) Applications received during July, August or September may be accompanied by proof of payment of the tax from the tax year ending June 30 of the same year.

Section 6. Submission of Proof. Any county clerk registering a vehicle for which proof of tax payment was presented, must attach the proof of payment to the copy of the certificate of registration submitted to the Transportation Cabinet.

History

RELATES TO: KRS Chapter 186
STATUTORY AUTHORITY: KRS 186.005
NECESSITY, FUNCTION, AND CONFORMITY: The Code of Federal Regulations, CFR 41.6001-2 requires that each state must require proof of payment of the federal heavy vehicle use tax as a condition of issuing a registration for most vehicles with a declared gross weight of 55,000 pounds or more. This administrative regulation sets forth the procedures to be followed in Kentucky to comply with this federal requirement.
History: 13 Ky.R. 1815; eff. 6-9-1987; Crt eff. 9-9-2019; Crt eff. 8-27-2026.

601 KAR 9:130 Motor vehicle registration {#sec-601-kar-9-130 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:130}

Section 1. Definitions.

(1) "Electronic signature" is defined by KRS 369.102(8) and acceptable as stated in KRS 369.107.

(2) "Resident" is defined by KRS 186.010(12).

(3) "Signature" means a person's name, a unique mark, or an inscription representing a person's name, either written by hand or in an electronic format.

Section 2.

(1) An application for Kentucky Certificate of Title and Registration Form, TC 96-182, shall be completed if a vehicle changes ownership for the first time. A copy of the vehicle owner's Kentucky driver license and bill of sale shall be attached to TC 96-182. Transfer of ownership shall be executed by owner's signature which can be in an electronic format.

(2) A Kentucky certificate of registration shall serve as the application for renewal of registration.

Section 3. Certificate of Title in Motor Vehicle. During the fifteen (15) day period established in KRS 186.020(1) and KRS 186A.070, in order to register a newly acquired motor vehicle, or for a new Kentucky resident to register his or her motor vehicle:

(1) An assigned title or bill of sale pursuant to KRS 186.020(1) shall be carried in the motor vehicle if the vehicle was last licensed in a jurisdiction other than Kentucky; or

(2) If the jurisdiction in which the motor vehicle was last licensed does not issue titles, the standard document for perfecting the sale of the motor vehicle in the licensing jurisdiction shall be carried in the vehicle.

Section 4. Residency.

(1) To establish that a vehicle owner is a resident of Kentucky and required to register the vehicle in Kentucky, the vehicle owner shall:

(a) Have a primary residence address in Kentucky;

(b) Be registered to vote in Kentucky; or

(2) A full-time college student or member of the armed forces who is temporarily maintaining a place of residence in Kentucky while attending a Kentucky college or university, or while stationed at a military facility shall not be required to register his or her vehicle in Kentucky if he or she maintains residency in the applicable home state.

(3) A Kentucky certificate of title shall not be issued to a non-Kentucky resident.

Section 5. Placement of License Plate and Renewal Decal.

(1) A license plate shall not be placed on a motor vehicle other than the vehicle for which it was issued.

(2) A renewal decal shall not be placed on a license plate except the plate for which the renewal decal was issued.

(3) A renewal decal shall only be placed on its associated license plate in the indentation provided for a decal.

Section 6. Lost or Stolen License Plates. If a license plate is lost or stolen, the individual responsible for the registration of the vehicle may secure a replacement license plate by following the provisions established in KRS 186.162(2) through (4) and in KRS 186.180(2).

Section 7. Found License Plate. A person finding a lost, unexpired registration plate shall deliver it to the Department of Vehicle Regulation, or to the office of any Kentucky county clerk.

Section 8. Renewal Decals on Special Plates.

(1) Registration for a vehicle with a special license plate issued pursuant to KRS 186.162(2) through (4) shall be renewed each year.

(2) If the special license plate deteriorates to the point that the inscriptions are not discernible, the owner may obtain a replacement plate free of charge.

Section 9. National Guard License Plates.

(1) Taxicabs, airport shuttle vehicles, and limousines, registered as established in KRS 186.050(1) shall not be issued a national guard license plate as established in KRS 186.041(1).

(2) If the applicant for a national guard license plate is a Kentucky national guard retiree, the application shall be signed by the custodian of military records, Department of Military Affairs. The custodian's signature shall certify that the applicant is a retiree of the Kentucky National Guard with at least twenty (20) years of service.

Section 10. Disabled Veterans and Disabled Persons License Plate.

(1) A license plate shall be issued to a disabled veteran as established in KRS 186.041(2) for use on a vehicle that would normally be registered as established in KRS 186.050(1) or (3)(a).

(2)

(a) A license plate shall be issued to a disabled person who meets the requirements established in KRS 186.042 and provides the proof of disability established in KRS 186.042 (3)(a)(b).

(b) A person applying for a disabled license plate shall complete an Application for Special Registration Plate for Disabled Persons, Transportation Cabinet Form 96-347.

Section 11. Armed Forces License Plate. The special armed forces license plate as established in KRS 186.041(1) shall be made available to any eligible current member of any branch of the United States military reserves. It shall also be made available to any eligible retired reservist with twenty (20) years of service.

Section 12. Military Academy Plates.

(1) An applicant for a military academy license plate shall provide proof that he or she is currently enrolled, or is a graduate of the United States Airforce Academy, Military Academy, Naval Academy, Coast Guard Academy, or Merchant Marine Academy.

(2) An applicant shall provide:

(a) A formal, original letter on academy letterhead proving current enrollment; or

(b) A copy of the graduate's diploma.

Section 13. Gold Star License Plates.

(1)

(a) A Gold Star Mother license plate shall be authorized for a mother whose son or daughter died while serving the country in the United States Armed Forces.

(b) A Gold Star Father license plate shall be authorized for a father whose son or daughter died while serving in the United States Armed Forces.

(c) A Gold Star Spouse license plate shall be authorized for the spouse of a person who died while serving the country in the United States Armed Forces.

(2) To be eligible, the mother, father, or spouse shall submit a completed Report of Casualty DD Form 1300, accessible on the National Personnel Records Center Web site at http://www.archives.gov/veterans/research/ to the Kentucky Department of Veterans Affairs.

Section 14. Application for Special License Plate.

(1) An applicant for a special license plate shall provide proof of eligibility as established in 186.162(2) through (4).

(2) Proof of eligibility shall be submitted to the county clerk in the applicable county of residence.

Section 15. An applicant for one (1) of the special license plates listed in this section shall provide the following required information:

(1) Firefighter license plate: provide written evidence of the applicant's current status as a firefighter, signed by the fire chief, mayor, or county judge executive;

(2) Purple Heart recipient license plate: provide written proof from the United States Department of Defense or the Veterans Administration that the applicant received a Purple Heart medal;

(3) Street rod license plate: provide sufficient manufacturer's information, title documents, or photographs to prove that the vehicle either was manufactured prior to 1949 or was manufactured to look like it was built prior to 1949;

(4) Fraternal Order of Police license plate: provide a copy of the applicant's current membership card from the Fraternal Order of Police. The reverse side of the membership card shall be signed by the National Secretary of the Grand Lodge, Fraternal Order of Police;

(5) Emergency Management license plate: provide written evidence of the applicant's current status as a member of either a disaster and emergency services organization or a volunteer rescue squad signed by the appropriate mayor, county judge executive, or DES coordinator; or

(6) Masonic license plate: provide a current calendar year membership card in the Masonic Orders. A member of the Eastern Star affiliation shall not be eligible for the Masonic Order license plate.

Section 16. An applicant for a special license plate issued pursuant to KRS 186.041, 186.042, 186.053, 186.172, or 186.174 shall make an individual application for the special license plate to be issued for each separate motor vehicle.

Section 17.

(1) Special License Plate Committee. The Special License Plate Committee established in the Transportation Cabinet pursuant to KRS 186.164(15)(c) shall:

(a) Review and consider the eligibility of each group or organization that applies for a special plate;

(b) Review and consider whether the proposed special plate meets required criteria; and

(c) Convene as necessary at the call of the chair in order to address issues related to the design and issuance of special license plates.

(2) The Special License Plate Committee shall be comprised of the following members:

(a) Commissioner of the Department of Vehicle Regulation or a designee, as a nonvoting member;

(b) Deputy Commissioner of the Department of Vehicle Regulation or a designee as chair;

(d) Assistant Director of the Division of Motor Vehicle Licensing or a designee;

(e) Executive Director, Office of Legal Services or a designee, as a nonvoting member;

(f) A designee selected by the Commissioner of the Department of Vehicle Regulation from within the office of the Commissioner; and

(g) Registration Branch Manager of the Division of Motor Vehicle Licensing or a designee.

(3)

(a) Three (3) of the voting members of the committee shall constitute a quorum.

(b) A simple majority of the voting members present at a meeting with a quorum shall be required to recommend approval or denial of an application for a special plate.

(4) The chairman shall designate a person to provide a summary of each meeting and present the minutes for review and approval at the next meeting of the committee that has a quorum present.

(5)

(a) Upon recommendation of the committee, the commissioner shall issue a written notice of approval or denial within thirty (30) days of the receipt of application.

(b) If the committee requires additional time in which to deliberate and make a recommendation, the thirty (30) day time period may be extended for an additional thirty (30) days, not to exceed an extended time of ninety (90) days from the date of the initial meeting. If an application is held in abeyance pursuant to Section 18(3) of this administrative regulation, the time period shall be tolled until the legislative process is complete.

(6)

(a) The committee may request an applicant to appear and make a presentation if questions arise that may include:

The mission of the applicant;
The design and logo of the special license plate; and
Qualifications of the applicant.

(b) An applicant who fails to cooperate with the informational requests made by the committee shall have his or her application dismissed by the commissioner.

(7) An aggrieved party may appeal the final decision of the commissioner pursuant to KRS 186.164(10).

Section 18. Application Process.

(1) A group or organization shall apply to the Office of the Commissioner, Department of Vehicle Regulation, Transportation Cabinet, for a special license plate pursuant to KRS 186.164.

(2)

(a) An applicant shall not submit more than one (1) application per calendar year for the consideration of the committee. An application that is denied by the committee and later modified or altered by the applicant may be resubmitted to the committee not less than twelve (12) months from the original date of denial.

(b)

An application to redesign a special license plate shall be submitted at a minimum of three (3) years from the date of issuance.
The redesign shall be approved or denied by the committee based on the criteria established in Section 17.

(3) Prior to final approval of an application, if a member of the General Assembly introduces a bill, files an amendment to a bill, or undertakes any other measure to sponsor a plate that is substantially similar to the plate for which the application is pending, the application shall be held in abeyance pending the outcome of the legislative process. If the bill or amendment becomes law, the application in abeyance shall be moot. If the legislation is withdrawn or is acted upon by the legislature, the application shall proceed with the committee from the point at which it was placed in abeyance.

(4) Each group or organization shall be limited to one (1) special plate design.

(5) The committee may consult with law enforcement relating to special license plate issues that may include design and visibility.

(6) The committee may reconsider and change the design of a previously approved special license plate upon good cause, which may include:

(a) Questions or issues involving legibility of the license plate; or

(b) The normal replating cycle during which the design of all license plates may be changed.

(7) The committee shall not consider an application that contains any trademarked or copyrighted statements or material or any statements or phrases that are commonly within the public domain, including short phrases, names, titles, or small groups of words that are considered common idioms of the English language.

Section 19.

(1) A group or organization that has its application approved, shall submit to the Cabinet before the programming and the production of the plate, a check to cover the costs. The Cabinet shall make available a generalized estimate of the costs to the group or the organization.

(2) A group or organization with an approved special license plate shall maintain a minimum number of 500 registrations annually. Two (2) consecutive years of not maintaining a 500 annual registration shall result in cancellation and discontinuation of that plate.

Section 20. Audit and Attestation Requirements.

(1)

(a) Groups or organizations that have the requisite number, of license plates purchased shall submit a Special Plate Donation Affidavit, Form 324 in accordance with KRS 186.164(13) to the Division of Motor Vehicle Licensing.

(b) Accounts shall be audited annually at the expense of the group or organization.

(2)

(a) A group or organization that receives $15,000 or less during its fiscal year shall submit Attestation form TC 96-324 attesting its compliance with KRS 186.164.

(b) The form shall be submitted to the Division of Motor Vehicle Licensing not later than ninety (90) days following the end of the group or organization's fiscal year.

(3)

(a) A group or organization that receives $15,001 to $75,000 during its fiscal year shall have an internal or external audit of its account performed.

(b) The results of that audit shall be submitted to the Division of Motor Vehicle Licensing not later than ninety (90) days following the end of the group or organization's fiscal year.

(4)

(a) A group or organization that receives $75,001 or more annually shall have an external audit performed.

(b)

Groups or organizations that are considered to be budget units in accordance with KRS 43.010(2) shall adhere to KRS 45.149, which gives the Auditor of Public Accounts the first right of refusal to perform audit work.
This audit shall be submitted to the Division of Motor Vehicle Licensing not later than ninety (90) days following the end of the group or organization's fiscal year.

Section 21. Incorporation by Reference. The following material is incorporated by reference:

(1)

(a) Form TC 96-15, "Application for Special License Plate" revised October 2016;

(b) Form TC 96-182, "Application for Kentucky Certificate of Title and Registration" revised March 2019;

(d) Form TC 96-332, "Affidavit for Special License Plate Donation" May 2014;

(e) DD Form1300, "Report of Casualty", United States Department of Defense Instruction Number 1300.18 March 2004; and

(f) Form TC 96-347, "Application for Disabled License Plate or Parking Placard" September 2018.

History

RELATES TO: KRS 43.010(2), 45.149, 186.010, 186.050, 186.053, 186.162, 186.172, 186.174, 186A.060, 186A.070, 186A.120, 369.102(8), 369.107
STATUTORY AUTHORITY: KRS 186.020, 186.041, 186.042, 186.164
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.020 requires the owner of a motor vehicle to apply for vehicle registration in accordance with administrative regulations promulgated by the Transportation Cabinet before operating the motor vehicle or permitting its operation. KRS 186.041 requires the cabinet to promulgate administrative regulations to establish the proof necessary for demonstrating current attendance, or graduation from a service academy. KRS 186.164 requires the cabinet to promulgate administrative regulations to establish rules related to the issuance of special license plates. This administrative regulation establishes the requirements for a member of a service academy to obtain a special license plate, establishes the rules and requirements for the public to obtain a special license plate for a motor vehicle or a motorcycle, and promulgates the auditing requirements and procedures related to special license plates.
History: 14 Ky.R. 1709; eff. 3-10-1988; Am. 15 Ky.R. 1501; eff. 1-27-1989; 2271; eff. 7-7-1989; 19 Ky.R. 503; eff. 10-8-1992; 36 Ky.R. 921; 1205; eff. 1-4-2010; 45 Ky.R. 237; 907; 46 Ky.R. 237; 906; 1415; eff. 9-30-2019; Crt to Am filed 8-27-2026; Am due 2-27-2028.

601 KAR 9:135 Apportioned registration {#sec-601-kar-9-135 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:135}

Section 1. Definitions.

(1) "Apportionable vehicle":

(a) Means a power conveyance that is used or intended for use in two (2) or more International Registration Plan Jurisdictions that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property and:

Has two (2) axles and gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds (11,793.401 kilograms);
Has three (3) or more axles, regardless of weight; or
Is used in combination for a vehicle with a gross weight in which the combination exceeds 26,000 pounds (11,793.401 kilograms); and

(b) Does not mean a recreational vehicle; a vehicle displaying restricted plates, or a government-owned vehicle, except a truck or truck-tractor or a power conveyance in a combination of vehicles having a gross vehicle weight of 26,000 pounds (11,793.401 kilograms) or less. The vehicle types excluded by this paragraph are usually registered pursuant to a plan at the option of the registrant.

(2) "Base jurisdiction" means the member jurisdiction selected in accordance with the International Registration Plan to which an applicant applies for apportioned registration, or the member jurisdiction that issues apportioned registration to a registrant under the plan.

(3) "Established place of business" means a physical structure located within the base jurisdiction:

(a) Owned, leased, or rented by the fleet registrant;

(b) Designated by a street number or road location;

(d) In which is located:

A person conducting the fleet registrant's business; and
The operational records of the fleet necessary for audit.

(4) "Fleet" means one (1) or more apportionable vehicles designated by a registrant for distance reporting as established in the International Registration Plan.

(5) "International Registration Plan" or "IRP" means a registration reciprocity agreement among the states of the United States and provinces of Canada providing for payment of license fees on the basis of total distance operated in all jurisdictions.

(6) "Jurisdiction" means a country, state, province, territory, possession, or federal district of a country.

(7) "Operational records" means source documents that evidence distance travelled by a fleet in a member jurisdiction such as fuel reports, trip sheets, and driver logs, including those that are generated through on-board recording devices and maintained electronically as required by the IRP Audit Assistance manual.

Section 2. Application for Apportioned Registration.

(1) The operator of an apportionable vehicle operating in more than one (1) licensing jurisdiction shall apply for apportioned registration in the jurisdictions of operation that are members of the IRP unless a trip permit has been purchased for each trip into the jurisdiction.

(2) A vehicle, or combination of power unit and trailer having a gross vehicle weight of 26,000 pounds or less and two (2) axle vehicles may be apportioned registered at the option of the registrant.

(3) If Kentucky is the base jurisdiction for an operator of an apportionable vehicle, the operator's established place of business shall apply for the apportioned registration in Kentucky.

Section 3. Apportioned Mileage Reporting and Recordkeeping.

(1)

(a) The fleet miles required to be reported on Kentucky IRP Apportioned Registration Application Schedule B, TC 95-303B shall be the fleet miles traveled from July 1 through June 30 of the year immediately preceding the registration year.

(b) If the registration year begins on a date in July, August, or September, the reporting period shall be the previous twelve (12) month period.

(d) The mileage shall be distributed by jurisdiction. Miles travelled in a jurisdiction by an apportioned power unit, whether or not a member of the International Registration Plan, and whether the vehicle is empty or loaded, shall be reported.

(e) The mileage reported for a motor vehicle power unit that was added to, or deleted from the apportioned fleet during the mileage reporting period shall be the miles generated while the motor vehicle power unit was part of the apportioned fleet.

(f) Mileage shall include:

Loaded and unloaded trips;
Intrastate and interstate trips; and
Miles operated under trip permits.

(2)

(a) An apportioned registrant shall maintain operational records for the current registration year and the three (3) registration years immediately prior to the current year.

(b) The information shall be retained in an individual vehicle mileage record.

Registrant's name and fleet number;
Beginning and ending date of trip;
Trip origin and destination;
Route of travel for trip;
Beginning and ending odometer or hubometer reading of each trip;
Total trip miles and mileage;
Mileage by jurisdiction for each trip;
Vehicle unit number and vehicle identification number; and
Driver's name or signature.

Section 4. Proof of Insurance and Certificate of Apportioned Registration.

(1) The applicant shall apply to the appropriate county clerk for a certificate of apportioned registration for each vehicle in the fleet, and a vehicle to be apportioned registered.

(2) The county clerk's fee shall be collected as established in KRS 186.040 and 186.050.

(3) A vehicle owned by a non-Kentucky registrant that is properly titled in a foreign jurisdiction and leased to a Kentucky based-motor carrier shall be registered in the name of the Kentucky based-motor carrier with copies of the foreign title, lease agreement, and the owner's commercial driver's license.

(4) The applicant shall submit proof of insurance to the county clerk with the application for the certificate of apportioned registration.

Section 5. Registration Fees.

(1)

(a) The applicant shall submit an application for apportioned registration to the Department of Vehicle Regulation.

(b) Original or renewal application shall be made by using:

Kentucky IRP Apportioned Registration Supplemental Application Schedule C, TC 95-303C; and
Kentucky IRP Apportioned Registration Application Schedule B, TC 95-303B.

(c) After the Department of Vehicle Regulation has approved an application, the department shall compute the apportioned registration fee due each jurisdiction under the International Registration Plan.

(d) The applicant shall return to the department, either in person or by mail or electronic payment, the bill and a certified check, cashier's check, personal check, business check, or money order made payable to the Kentucky State Treasurer.

(e) If the applicant is required to post a bond as established in 601 KAR 1:200, Section 6, or has had a personal or business check returned for insufficient funds to the Transportation Cabinet by the applicant's bank, the cabinet shall require the applicant to make payment by cash, certified check, money order, or cashier's check.

(2) The required tax and fee shall be accompanied by proof of payment of the federal heavy vehicle use tax.

(3)

(a) The Department of Vehicle Regulation shall issue an IRP apportioned license plate and IRP cab card to the registrant for each IRP registered vehicle.

(b) The originally issued IRP license plate shall have a decal, indicating the expiration month and year.

(c) After the yearly renewal the registrant shall be issued a new decal designating the year of expiration and a new IRP cab card.

(d) The IRP cab card shall list the jurisdictions in which the registrant has apportioned his or her registration fees.

(e) The original IRP cab card shall be carried in the cab of the vehicle continuously.

Section 6. Supplemental Applications.

(1) An applicant needing to add or delete a vehicle from a fleet shall file Kentucky IRP Apportioned Registration Supplemental Application, Schedule C, TC 95-303C with the department. This form shall be used to provide notice of a:

(a) Vehicle addition;

(b) Vehicle deletion;

(d) Gross weight increase.

(2)

(a) A vehicle deletion notice shall be accompanied by the apportioned registration plate and the IRP cab card.

(b) At the end of the registration month, a registrant may apply for a refund of the fees that apply to the unexpired months of the registration year.

(3)

(a) If a vehicle is added by a registrant at the same time another vehicle with the same weight within the fleet is deleted, the Kentucky registration tax shall be transferred from the deleted to the added vehicle.

(b) The Kentucky transfer fee of three (3) dollars shall be collected as established in KRS 186.180.

(4) If the declared gross weight of the vehicle is increased, the increased fees shall be prorated from the date the increased weight is allowed.

Section 7. Conversion to Apportioned Registration.

(1) If a vehicle is an interstate charter bus or is registered in Kentucky as a commercial or limited activity vehicle, and the registrant intends to convert to an apportioned registration, the registrant shall purchase an apportioned registration from the county clerk of residence.

(2) The current commercial vehicle, charter bus, or limited activity license plate shall be submitted to the Department of Vehicle Regulation with the application for apportioned registration.

(3)

(a) The applicant shall be given credit for the remainder of the value of current Kentucky registration.

(b) This credit shall be applied toward fees due to other IRP jurisdictions and collected by Kentucky on the apportioned registration.

(4) All fees due to other jurisdictions and a fee due to Kentucky shall be paid in accordance with Section 5 of this administrative regulation before the apportioned credentials are issued.

Section 8. Replacement of Credentials.

(1) The owner of a vehicle registered pursuant to KRS 186.050(13) may obtain a duplicate of a lost IRP cab card from the Department of Vehicle Regulation. A duplicate shall be obtained by:

(a) Filing Affidavit for Replacement or Non-exchange, TC 96-167; and

(b) Paying a fee of three (3) dollars as established in KRS 186.180.

(2) A registration plate issued pursuant to KRS 186.050(13) that is lost shall be reported as lost or stolen to the area state police post or local law enforcement agency and the Department of Vehicle Regulation.

(3)

(a) A new certificate of apportioned registration shall be issued by the department after review and acceptance of the completed forms. A new license plate reissued by the department shall bear a different number from that of the lost plate.

(b) The original copy of the surrendered certificate of apportioned registration shall be maintained by the department.

(4) The department shall cancel the registration corresponding to the number of the lost plate.

(5) A person finding a lost registration plate shall return it to the Department of Vehicle Regulation or to a county clerk.

Section 9. Apportioned Registration of Leased Vehicles.

(1) If an owner or lessor is the registrant of a vehicle, the vehicle may be registered in the name of the owner or lessor.

(a) The allocation of registration fees shall be based on the operational records of the owner or lessor; and

(b) The apportioned license plate and the IRP cab card shall be the property of the lessor.

(2) If the lessee is the registrant of a vehicle, the vehicle may be registered by the lessee in both the owner's or lessor's name and that of the lessee.

(a) The allocation of registration fees shall be based on the operational records of the lessee; and

(b) The apportioned license plate and IRP cab card shall be the property of the lessee.

Section 10. Audit of Apportioned Registrants.

(1) As required by the IRP, the cabinet's Division of Road Fund Audits shall perform an audit of fifteen (15) percent of the apportioned registrants based in Kentucky every five (5) years.

(2) An audit shall be performed in accordance with the IRP Audit Assistance manual.

(3) The Division of Road Fund Audits shall notify the apportioned registrant in writing of the date, time, and location of the audit. Thirty (30) days advance notice shall be given to the registrant.

(4) Failure of the registrant to make the records required by Section 3 of this administrative regulation available upon request shall result in:

(a) A penalty assessment as established in the IRP Audit Assistance manual; or

(b) Cancellation of apportioned registration as established in the IRP.

(5)

(a) An auditor shall conduct and document a pre-audit conference with the registrant listing:

Operation;
Audit procedures;
Records to be examined;
Sample period; and
Sampling procedures.

(b) The motor carrier and auditor shall determine at the pre-audit conference who has responsibility for final acceptance of the findings and the persons to be involved in the close-out conference.

(6) An auditor shall conduct and document a close-out conference with the registrant outlining preliminary findings that shall include:

(a) Applicable penalty and interest;

(b) Recommendations;

(d) To whom the audit report should be addressed.

(7)

(a) The Transportation Cabinet shall furnish the registrant a letter of audit findings and recap schedules.

(b) If requested, the cabinet shall supply other work papers to the registrant.

(8) If an audit indicates that additional tax is owed, the Transportation Cabinet shall issue a tax due statement.

(9) Within forty-five (45) days of the date of the tax due statement, the registrant shall:

(a) Pay the supplemental tax; or

(b) Protest in writing to the Transportation Cabinet, Division of Road Fund Audits.

Section 11. Protest or Appeal of Audit Results.

(1)

(a) A written protest may be filed by a taxpayer, or a person representing a taxpayer, and shall include a supporting statement, and documents that identify the specific adjustments requested, or the portion of the audit protested, and shall establish the reason for the protest as required by KRS 131.110(1).

(b) A protest shall be filed with the Transportation Cabinet, Division of Road Fund Audits within forty-five (45) days from the date of the tax due statement.

(2) If the supporting statements and documentation are not sufficient to change the assessment results, the taxpayer may request an information gathering, or protest conference with the Division of Road Fund Audits in writing by using regular mail, facsimile, or electronic mail.

(3) Within sixty (60) days from the date the taxpayer submits additional information, or within sixty (60) days of a protest conference, the Division of Road Fund Audits shall issue a final ruling to the taxpayer.

Section 12. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky IRP Apportioned Registration Application, Schedule B", TC Form 95-303B, August 2014;

(b) "Kentucky IRP Apportioned Registration Supplemental Application, Schedule C", TC Form 95-303C, March 2015;

(d) "International Registration Plan with Official Commentary", January 1, 2015;

(e) "Kentucky IRP Apportioned Registration Policies and Procedures Manual", February 2013; and

(f) "IRP Audit Assistance", 2015.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, as follows:

(a) For the items incorporated by reference in paragraphs (a), (b), (c), and (e) of this subsection, at the Department of Vehicle Regulation, Division of Motor Carriers, 200 Mero Street, Third Floor, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.; or

(b) For the item incorporated by reference in paragraph (d) of this subsection, at the Office of Audits, Division of Road Fund Audits, 200 Mero Street, Fourth Floor, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 131.110(1), 131.340, 186.020(1), (3), 186.040, 186.050(13)(a), 186.051(2), 186.180, 186.240(2), 49 U.S.C. 31704
STATUTORY AUTHORITY: KRS 186.050(13), 186.051(3), 49 U.S.C. 31704
NECESSITY, FUNCTION, AND CONFORMITY: 49 U.S.C. 31704 requires each state to participate in the International Registration Plan. KRS 186.051(3) requires the Transportation Cabinet to promulgate an administrative regulation establishing a system of staggered registration time periods for commercial motor vehicles. KRS 186.050(13)(a) requires the Transportation Cabinet to promulgate an administrative regulation concerning the registration of commercial motor vehicles pursuant to the Articles of the International Registration Plan. This administrative regulation establishes the procedures required to register a commercial motor vehicle under the provisions of the International Registration Plan; clarifies if a vehicle licensed pursuant to KRS 186.050(13) is required to be licensed as established in other sections of KRS 186.050; and establishes the recordkeeping standards required for apportionable vehicles, auditing of the records by the Transportation Cabinet, and the appeal procedure if a disagreement occurs.
History: 14 Ky.R. 1710; eff. 3-10-88; Am. 18 Ky.R. 2367; eff. 3-7-92; 24 Ky.R. 398; 909; eff. 11-4-97; 25 Ky.R. 425; 875; 1042; eff. 11-20-98; 30 Ky.R. 1355; 2026; 3-3-2004; 39 Ky.R. 1953; eff. 5-31-2013; 41 Ky.R. 2321; 42 Ky.R. 22; eff. 7-7-2015; Cert. eff. 6-2-2022.

601 KAR 9:140 Temporary registration plates {#sec-601-kar-9-140 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:140}

Section 1. Definition. "Panographic" means a surface that if scanned or xeroxed shall produce a secured background word or image.

Section 2. Application.

(1) A representative of a currently licensed motor vehicle or motorcycle dealer shall apply to the county clerk for a temporary registration license plate by presenting to the county clerk of residence a photo identification card and a written authorization from the motor vehicle or motorcycle dealership for the representative to apply for a temporary registration license plate.

(2) If the representative does not have written authorization from the motor vehicle or motorcycle dealer, the county clerk shall compare the representative's photo identification card to the list of persons authorized by the dealer as established in KRS 186.070(2).

(3) The county clerk shall issue from the Automated Vehicle Information System a receipt that identifies the:

(a) Motor vehicle or motorcycle dealer;

(b) Date of transaction; and

(4) The employee of a motor vehicle or motorcycle dealer shall sign a receipt form to acknowledge receipt of the temporary registration license plates.

Section 3. Number of Temporary Plates.

(1) As established in KRS 186A.100(1), a county clerk shall not issue more than one (1) sixty (60) day temporary registration license plate to a motor vehicle, motorcycle, or motor vehicle owner.

(2) A motor vehicle dealer currently licensed pursuant to KRS 186.070 or a motorcycle dealer currently licensed pursuant to KRS 190.030 shall not issue more than one (1) sixty (60) day temporary registration license plate for each sale of a vehicle.

(3) A temporary registration plate shall not be renewed.

Section 4. Log of Temporary Registration Plates Issued.

(1) A currently licensed motor vehicle dealer shall maintain a Temporary Tag Log, TC form 96-210, of information on each temporary registration plate issued as established in KRS 186A.100(2) and 186A.105(2).

(2) The Temporary Tag Log Form shall include the:

(a) Dealer's name;

(b) Dealer's telephone number;

(d) License plate number;

(e) Date of delivery of motor vehicle or motorcycle;

(f) Expiration date of temporary registration plate;

(g) Name of purchaser of motor vehicle or motorcycle; and

(h) Vehicle identification number, make, and model year.

(3) A Temporary Tag Log Form shall be made available upon request to officials of the Transportation Cabinet or law enforcement officers.

(4) The county clerk shall enter dealership applications for temporary registration license plates into the Transportation Cabinet's Automated Vehicle Information System. The application shall include the:

(a) License plate number;

(b) Person to whom the plate is issued;

(d) Expiration date of the plate; and

(e) Name of the county clerk or employee of the county clerk who issued the plate.

Section 5. Completion of the Temporary Plate.

(1) All of the blank spaces of the temporary registration plate shall be completed by the issuing agent using a dark, indelible ink.

(2)

(a) The top center portion of the temporary plate shall contain six (6) blocks to be filled in with the expiration date of the temporary plate.

(b) One (1) numeral shall be entered in each block that shall:

Occupy at least eighty (80) percent of the block; and
Be written with a wide-tipped marker over the top of a temporary license tag that has a secured panographic background.

Section 6. Incorporation by Reference.

(1) "Temporary Tag Log", TC Form 96-210, July 2010, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 186.070, 186A.100, 186A.105(2), 190.030
STATUTORY AUTHORITY: KRS 186A.100(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.100(4) authorizes the cabinet to promulgate administrative regulations governing the application and use of temporary motor vehicle registration. This administrative regulation establishes the application procedures and uses for a temporary registration license plate.
History: 15 Ky.R. 741; eff. 10-4-1988; 17 Ky.R. 1150; eff. 11-12-1990; 3613; 4116; eff. 6-2-1997; 37 Ky.R. 1354; eff. 2-4-2011; Crt eff. 9-25-2019; Crt eff. 8-27-2026.

601 KAR 9:160 Surrender or reactivation of vehicle title {#sec-601-kar-9-160 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:160}

Section 1. Transfer of Vehicle Ownership.

(1) If the transferee of a motor vehicle fails to submit the documents required by KRS 186A.215(3) to a county clerk's office within fifteen (15) days, the transferor of the motor vehicle shall submit a signed and notarized TC Form 96-3, Affidavit of Incomplete Transfer, to his or her county clerk of residence.

(2) Upon receipt of a signed and notarized TC Form 96-3, Affidavit of Incomplete Transfer, a county clerk shall enter data into the titling system to surrender the title and restrict a registration transaction on the motor vehicle until the transfer has been processed.

Section 2. Reactivation of a Surrendered Title.

(1) A vehicle owner who has mistakenly surrendered a vehicle title may apply to the county clerk for the reactivation of the title. The vehicle owner shall provide the following information to the county clerk's office:

(a) Name of the vehicle owner;

(b) Address of the vehicle owner;

(d) Reason why the title needs to be reactivated, including a statement of how the title was mistakenly surrendered.

(2) The Transportation Cabinet shall not reactivate a title surrendered pursuant to KRS 186A.295 unless the owner of record or his or her agent is the applicant for the reactivation.

Section 3. Incorporation by Reference.

(1) "Affidavit of Incomplete Transfer", TC Form 96-3, revised December 2011, is incorporated by reference.

History

RELATES TO: KRS 186A.215(3), 186A.295
STATUTORY AUTHORITY: KRS 186A.020, 186A.215(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.020 authorizes the cabinet to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 186A. KRS 186A.215(4) authorizes the cabinet to promulgate an administrative regulation establishing the procedures for the transferor of a motor vehicle if the transferee fails to submit the required documentation to the county clerk. This administrative regulation establishes the procedures for the transferor of a motor vehicle if the transferee of the motor vehicle fails to submit the documentation as required by KRS 186A.215(3). This administrative regulation also establishes the procedures for a motor vehicle owner to reactivate a vehicle title that has been mistakenly surrendered.
History: 20 Ky.R. 2930; eff. 5-23-1994; 38 Ky.R. 1388; 1567; eff. 3-14-2012; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

601 KAR 9:200 Registration and titling of rebuilt or salvage motor vehicles {#sec-601-kar-9-200 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:200}

Section 1. Definition. "Confidential inspection" means an inspection of a distinguishing number assigned and permanently affixed to a vehicle or vehicle component, such as an engine or transmission or other severable portion of a vehicle, and not readily viewable by general observation.

Section 2. Application for a Kentucky Salvage Title.

(1) A Kentucky salvage title shall be issued for a wrecked or damaged vehicle if the total estimated cost of repair exceeds seventy-five (75) percent of the retail value of the vehicle.

(2) An applicant for a salvage title shall submit an Application for Kentucky Certificate of Title or Registration, TC Form 96-182, to the county clerk.

(3) If a vehicle with a salvage certificate of title issued pursuant to KRS 186A.520 is transferred within Kentucky or if a vehicle with similar title from another jurisdiction is transferred into Kentucky, the new certificate of title shall be another salvage certificate of title until the owner of the motor vehicle has successfully gone through the process established in Section 4 of this administrative regulation.

(4) An application for a certificate of title shall be rejected by the Transportation Cabinet if there is a lien against the vehicle recorded in the Automated Vehicle Information System or Kentucky Automated Vehicle Information System.

(5) An application for a salvage or rebuilt title shall not be processed through "speed title" as established in KRS 186A.170(1)(b).

Section 3. Vehicles from Other Jurisdictions.

(1) If the owner of a motor vehicle with a title from another jurisdiction applies for a Kentucky motor vehicle title, or a title and registration, the county clerk receiving the application shall enter the following information relating to brands into the Automated Vehicle Information System or Kentucky Automated Vehicle Information System:

(a) If the brand on a foreign motor vehicle title relates to prior damage to and repair of a motor vehicle, the Kentucky title, if issued, shall bear the notation "rebuilt vehicle".

(b) If a vehicle title bears both a "rebuilt" brand and a "water damaged" brand as established in KRS 186A.530(4), the Kentucky title shall bear the notation "rebuilt vehicle water damaged".

(2) If a vehicle certificate of title bears a brand relating to the previous usage of the motor vehicle but not to damage to the motor vehicle, the Kentucky certificate of title shall not be branded.

Section 4. Application for Title of Rebuilt Motor Vehicle.

(1) An owner of a motor vehicle that has been assembled from parts of wrecked or salvaged vehicles may apply for registration and title. If the owner applies for registration and title, the motor vehicle shall comply with the equipment and safety requirements of KRS Chapter 189.

(2) An application for registration and title of a motor vehicle that has been assembled from parts of wrecked or salvaged motor vehicles shall be accompanied by:

(a) A completed Application for Kentucky Certificate of Title and Registration, TC Form 96-182;

(b) A completed Affidavit of Motor Vehicle Assembled from Wrecked or Salvaged Motor Vehicles, TC Form 96-215;

(d) An assigned certificate of title; or

(e) A notarized affidavit that explains the ownership of the vehicle including:

Length of time the vehicle was owned by the current owner, which shall be a minimum of five (5) years;
Where and from whom the vehicle was purchased;
When and where the vehicle was last registered or licensed; and
A statement that there are no liens against the vehicle;

(f) A descriptive, notarized labor statement of repairs made and parts replaced;

(g) An original receipt for each part purchased. Multiple parts may be listed on one (1) receipt. The receipt shall include:

Seller's name;
Seller's address;
Seller's telephone number;
Date of part purchase;
Price and serial number of part purchased; and

a. Vehicle identification number of vehicle from which the part was taken; or

b. A written comprehensive explanation of the reason why the part does not have a serial number;

(h) If the motor vehicle is a motorcycle, a pencil tracing or picture of the motor identification number and frame identification number of the rebuilt motorcycle and the motorcycle from which parts were obtained;

(i)

The license plate from the motor vehicle even if the plate has expired; or
A statement of why there is no longer a license plate for the rebuilt motor vehicle;

(j)

A separate federal odometer disclosure statement if unavailable on either the Application for Title or Registration or the back of the certificate of title. An Odometer Disclosure Statement, TC Form 96-5 may be used; and
A title issued pursuant to KRS 186A.530(2) bearing the notation "rebuilt vehicle".

Section 5. Insurance Companies.

(1) If an insurance company becomes the lawful owner of a stolen motor vehicle, the insurance company shall make application in the name of the company for a regular title.

(2) If the motor vehicle is subsequently recovered and damage to the motor vehicle meets the requirements of a salvage vehicle as established in KRS 186A.520, the insurance company shall make an application for a salvage certificate of title.

(3) If an insurance company has been issued a salvage certificate of title for a vehicle recovered in a theft, but the motor vehicle does not meet the requirements for a salvage vehicle established in KRS 186A.520, an insurance company may apply for a regular certificate of title.

(4) An insurance company shall apply for title by using Application for Kentucky Certificate of Title or Registration, TC Form 96-182. The application shall include:

(a) The assigned certificate of title; and

(b) Verification on the company letterhead that the motor vehicle is a theft recovery and a description of the damage to the motor vehicle.

Section 6. Additional Information.

(1) The Transportation Cabinet shall require a confidential inspection of a rebuilt motor vehicle by the Kentucky State Police if:

(a) The documentation required by Section 4 of this administrative regulation is not available; or

(b) A check of the National Crime Information Center identifies the motor vehicle as stolen and a check of the Vehicle Identification Number Analysis, "VINA," identifies the motor vehicle as having a nonconforming vehicle identification number.

(2) If the repair documentation submitted in accordance with the requirements of Section 4 of this administrative regulation is less than seventy-five (75) percent of the value of the motor vehicle, the Transportation Cabinet shall require a:

(a) Written statement from the insurance company of the damage done to the motor vehicle; or

(b) Salvage pool receipt that describes the damage to the motor vehicle.

Section 7. Mistakenly Issued Brands.

(1) If a certificate of title is branded due to an error by the county clerk or the Department of Vehicle Regulation, an application for an updated or corrected title shall be submitted to the county clerk as established in KRS 186A.180.

(2) An application for an updated or corrected certificate of title shall consist of the following documents:

(a) An Application for Kentucky Certificate of Title or Registration, TC Form 96-182;

(b) The certificate of title; and

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Kentucky Certificate of Title or Registration", TC Form 96-182, November, 2012;

(b) "Affidavit of Motor Vehicle Assembled from Wrecked or Salvaged Motor Vehicles", TC Form 96-215, May, 2013; and

History

RELATES TO: KRS 186.115, 186A.170(1)(b), 186A.510-186A.990
STATUTORY AUTHORITY: KRS 186A.530(11), 186A.550
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.530 requires the Transportation Cabinet to issue a certificate of title with a brand printed on the face of the title if the vehicle has been rebuilt or has a branded certificate of title from another jurisdiction. KRS 186A.530(11) requires the Transportation Cabinet to promulgate administrative regulations regarding the administration of the title branding procedure, which requirements shall provide for the manner in which salvage titles and rebuilt brands on vehicles previously declared unrebuildable by another state are differentiated from other salvage titles and rebuilt brands. This administrative regulation establishes the procedures for issuing the certificate of title and printing a brand on the face of the motor vehicle title. The administrative regulation also establishes the procedures for registration and titling of a rebuilt motor vehicle that has been assembled from parts of wrecked or salvage motor vehicles.
History: 601 KAR 009:200. 21 Ky.R. 2000; 2509; 2701; eff. 5-2-1995; 40 Ky.R. 130; 863; 1067; eff. 12-6-2013; eff. 2-11-2019; Crt eff. 1-9-2026.

601 KAR 9:205 Titling of all-terrain vehicles {#sec-601-kar-9-205 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:205}

Section 1. Application for Certificate of Title. The owner of an all-terrain vehicle purchased after July 1, 2010 or on which a security interest is created after July 1, 2010 shall apply for a certificate of title as follows:

(1) The applicant shall complete an Application for Kentucky Certificate of Title or Registration, TC Form 96-182, as incorporated by reference in 601 KAR 23:010.

(2) The applicant shall submit the completed form with supporting documents and a fee of fifteen (15) dollars to the county clerk of residence as established in KRS 186A.130(4).

(3) Nothing in this administrative regulation shall prevent the owner of an all-terrain vehicle purchased prior to July 1, 2010 and on which there is no security interest from applying for a certificate of title as established in this section.

Section 2. Processing Title.

(1) The county clerk of residence shall process the title application and prepare a transmittal record to be sent to the Department of Vehicle Regulation as provided in KRS 186A.165.

(2) The Department of Vehicle Regulation shall review and process the application for title and the supporting documents as established in KRS 186.020 and 186A.170.

(3) If the application is approved by the Department of Vehicle Regulation, a certificate of title shall be issued to the applicant as established in KRS 186A.170(8).

Section 3. Security Interest. A security interest in an all-terrain vehicle shall be noted on the certificate of title as required in KRS 186A.195.

Section 4. Transfer of Title. The owner of an all-terrain vehicle shall transfer vehicle ownership as established in KRS 186A.215.

Section 5. Duplicate Title. The owner of an all-terrain vehicle shall obtain a duplicate certificate of title as provided in KRS 186A.130 and 186A.245.

History

RELATES TO: KRS 186.020(1), 186A.055, 186A.070, 186A.074, 186A.130, 186A.165, 186A.170, 186A.195, 186A.215, 186A.245, 189.010
STATUTORY AUTHORITY: KRS 186A.074(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.074(3) requires the cabinet to promulgate administrative regulations governing the titling procedures for all–terrain vehicles. This administrative regulation establishes the procedures necessary for an applicant to obtain a certificate of title for an all-terrain vehicle.
History: 37 Ky.R. 1116; 1428; eff. 1-3-2011; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

601 KAR 9:210 Continuation of title liens {#sec-601-kar-9-210 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:210}

Section 1. Continuation of a Security Interest.

(1) A secured party shall continue a security interest on a certificate of title beyond the expiration date established in KRS 186A.190 by filing a Title Lien Statement, TC Form 96-187 in the office of the county clerk of the county where the original lien is filed.

(2) For the purpose of continuing a security interest, the Title Lien Statement, TC Form 96-187 shall be filed:

(a) No sooner than six (6) months prior to the expiration date of the initial period established in KRS 186A.190(1);

(b) On the expiration date; or

(3) The Title Lien Statement shall be filed no later than close of business on the date upon which the financing statement lapses.

(4) The date the Title Lien Statement is received in the appropriate county clerk's office shall control the effectiveness of the continuation statement.

Section 2. Incorporation by Reference.

(1) "Title Lien Statement" Form, TC 96-187, revised December 2010, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, Division of Motor Vehicle Licensing, Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 186A.185, 186A.190, 186A.193, 186A.195
STATUTORY AUTHORITY: KRS 186A.010(2), 186A.190
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.010(2) requires the Transportation Cabinet to develop an automated motor vehicle and trailer registration and titling system. KRS 186A.190 establishes the procedures for the perfection and discharge of a security interest in property that has been issued a Kentucky certificate of title under the cabinet's titling system. This administrative regulation establishes the procedure for filing a continuation statement to extend a security interest notation on a certificate of title.
History: 28 Ky.R. 758; 1154; 1385; eff. 12-19-2001; 37 Ky.R. 1761; 2161; eff. 4-1-2011; Crt eff. 10-8-2018; Crt eff. 4-25-2025.

601 KAR 9:220 Motor vehicle dealer plates {#sec-601-kar-9-220 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:220}

Section 1. Definitions.

(1) "Bona fide salesman or employee" is defined by KRS 186.070(1)(e).

(2) "Commission" means the Kentucky Motor Vehicle Commission.

(3) "Commissioner" means the Commissioner of the Department of Vehicle Regulation or his or her designee.

(4) "Demonstration trip" means a temporary use of a vehicle by a single prospective customer or his or her employee for a reasonable evaluative purpose incidental to the sale of the vehicle.

(5) "Dealer plate" means any base plate or supplemental plate issued pursuant to KRS 186.070.

(6) "Licensed motor vehicle dealer" is defined by KRS 190.010 and licensed by the commission pursuant to the provisions of KRS Chapter 190.

(7) "Misuse" means use of a dealer plate in a manner unauthorized by KRS 186.070 or Section 3 of this administrative regulation.

Section 2. Issuance of Dealer Plates.

(1) Effective with the issuance of dealer plates for the licensing period beginning January 1, 1996, the maximum number of dealer plates that may be issued to a licensed motor vehicle dealer who has been licensed for an uninterrupted period beginning on or prior to January 1, 1994, shall be based upon the total number of that dealer's vehicle sales for the period from July through the following June immediately preceding the date of the report of the information on vehicle sales by the dealer to the commission.

(2)

(a) For a motor vehicle dealer licensed after January 1, 1994, beginning on the first day of January following an uninterrupted eighteen (18) month licensing period from the date of the first issuance of the dealer's license by the commission, the number of dealer plates issued shall depend upon the number of that dealer's vehicle sales for the period from July through the following June preceding the date of the report of the information by the dealer to the commission.

(b) A motor vehicle dealer licensed for less than eighteen (18) uninterrupted months may apply for any number of dealer plates.

(3) The maximum number of dealer plates issued to a motor vehicle dealer shall be as follows:

(a) Ten (10) or fewer vehicle sales - one (1) dealer plate;

(b) Eleven (11) through twenty-five (25) vehicle sales - two (2) dealer plates;

(d) Fifty-one (51) through seventy-five (75) vehicle sales - four (4) dealer plates;

(e) Seventy-six (76) through 100 vehicle sales - five (5) dealer plates; and

(f) For more than 100 vehicle sales, the number of dealer plates issued shall be as requested by the dealer.

(4)

(a) Upon recommendation by the commission to the commissioner, and for good cause shown, a dealer who is restricted in the number of plates issued based upon his or her sales figures may receive an additional plate or plates.

(b) A few examples of good cause include instances such as:

Lost or stolen plates with a police report submitted to the commission;
"Pro-business" activities approval if the loss of a plate causes a burden to the dealership for test drives;
Transportation of vehicles to and from auto auctions;
Transportation of vehicles to be serviced or repaired; and
If the number of yearly vehicle sales are impacted by unforeseen circumstances like COVID-19, tornado, fire, flood, and temporary economic downturn nationally.

(5)

(a) The information on vehicle sales shall be provided by the commission to the Transportation Cabinet.

(b) The Transportation Cabinet shall cause the information to be entered into the automated vehicle information system.

Section 3. Use of Dealer Plates.

(1) Use of a motor vehicle bearing a dealer plate upon the highways by a licensed dealer or bona fide salesman of the dealer shall consist of the use of the motor vehicle upon the highways at any time with the intent of offering or advertising the vehicle for sale to the public.

(2) A bona fide employee of the dealer who is not a licensed salesman shall only operate a motor vehicle bearing a dealer plate:

(a) If testing the mechanical operation of the vehicle;

(b) If transporting vehicles to or from the dealer's place of business; or

(3) A bona fide employee of the dealer who is not a licensed salesman shall not operate the vehicle for personal purposes or in demonstration or advertising to a prospective customer.

(4) A prospective customermay operate a vehicle with a properly issued dealer plate, but shall be limited to one (1) demonstration trip.

Section 4. Cancellation of Dealer Plates Upon Misuse.

(1) A final order issued by the commission finding misuse of a dealer plate shall be forwarded to the commissioner.

(2) Upon receipt of the commission's final order, if no appeal from the commission's final order has been filed, and the time for taking an appeal has expired, or, if an appeal has been filed, after a ruling has been entered upholding the finding of the commission, the commissioner shall cause the dealer plate involved in the misuse to be canceled.

Section 5. Appeal from Final Order of Commission. The final order of the commission cancelling dealer plates may be appealed in accordance with KRS Chapter 13B.

History

RELATES TO: KRS Chapters 186, 190
STATUTORY AUTHORITY: KRS 186.070
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.070(4) authorizes the cabinet to promulgate this administrative regulation to administer KRS 186.070. This administrative regulation establishes the criteria for the issuance and use of a motor vehicle dealer plate and provides for the cancellation of a dealer plate for misuse of the plate.
History: 22 Ky.R. 824; eff. 12-7-1995; Cert eff. 2-11-2019; 521 Ky.R. 114, 662; eff. 11-8-2024.

Chapter 11 Commercial Driver's License

601 KAR 11:010 Fees relating to commercial driver's licenses {#sec-601-kar-11-010 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:010}

Section 1. Commercial Driver's License Application Fee.

(1) Except as set forth in subsection (2) of this section, an applicant for a commercial driver's license shall pay an application fee of forty (40) dollars to the circuit court clerk.

(2) An applicant for a commercial driver's license who applies for a Class B or C commercial license in order to only drive a school bus, church bus, mass transit bus or nonprofit bus shall pay a fee of nine (9) dollars to the circuit court clerk.

Section 2. Instruction Permit. An applicant for a commercial driver's license instruction permit shall pay a fee of thirty-five (35) twelve (12) dollars to the circuit court clerk. This fee shall include the fees for required vision, knowledge, and skills testing.

Section 3. Renewals. An applicant for renewal of a commercial driver's license shall pay a fee of forty-seven (47) dollars to the circuit court clerk. This fee shall include the twenty-seven (27) dollar commercial driver's license renewal fee and the twenty (20) dollar operator's license fee required by KRS 186.531 for a four (4) year license.

Section 4. Transfer from Another Jurisdiction. An applicant for a commercial driver's license who possesses a valid commercial driver's license issued by another licensing jurisdiction shall pay a fee of sixty (60) dollars to the circuit court clerk. This fee shall include the twenty (20) dollar operator's license fee required by KRS 186.531 for a four (4) year license.

Section 5. Duplicate Commercial Driver's License. An applicant for a duplicate commercial driver's license shall pay a fee of twelve (12) dollars to the circuit court clerk.

Section 6. Endorsements. an applicant for an additional commercial driver's license endorsement shall pay a fee of five (5) dollars to the circuit court clerk.

Section 7. Pursuant to KRS 281A.300, a criminal records check of wanted or "hot file" records shall be required for persons initially applying for, or initially renewing, a Kentucky commercial driver's license instruction permit or commercial operator's license. The fee for the criminal records check of wanted or "hot file" records is three (3) dollars and shall be paid to the circuit court clerk and transmitted to the Kentucky State Police.

History

RELATES TO: KRS 186.531, Chapter 281A
STATUTORY AUTHORITY: KRS 281A.150, 28A.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.150, sets the maximum fee allowed to be charged for various commercial driver's licenses. It further requires the Transportation Cabinet to set the exact fees by administrative regulation. KRS 281A.300 requires state and national criminal records checks of wanted or "hot file" records of any person initially applying for, or initially renewing, a commercial driver's license. It further allows a fee to be charged that is an amount not greater than the actual cost of processing the request and conducting the search. This administrative regulation establishes the fees that are to be divided between the Transportation Cabinet, Department of State Police and the circuit court clerk (through the Administrative Office of the Courts).
History: 601 KAR 011:010. 17 Ky.R. 2566; eff. 4-5-1991; 31 Ky.R. 1891; 32 Ky.R. 484; eff. 10-7-2005; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 11:020 Commercial driving history record {#sec-601-kar-11-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:020}

Section 1. Employer or Prospective Employer.

(1) In order for the Transportation Cabinet to provide a copy of a ten (10) year commercial driving history record to a commercial driver's employer or prospective employer, a commercial driver shall sign a statement authorizing the cabinet to provide a copy of his complete ten (10) year driving history record to:

(a) His employer;

(b) A prospective employer; or

(2) The statement shall be submitted to the cabinet prior to release of the record.

Section 2. Unauthorized Persons. A person not authorized in writing to receive a complete copy of a driver's commercial driving history record may apply for a certified abstract in accordance with KRS 187.310.

Section 3. Fee.

(1) The fee for obtaining a driving history record for a commercial driver shall be three (3) dollars.

(2) The fee shall be paid prior to the issuance of the commercial driving history record.

(3) The driving history record of a commercial driver shall be provided to a court or police agency without charge.

History

RELATES TO: KRS 281A.100
STATUTORY AUTHORITY: KRS 186.018, 281A.100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.100 requires the Transportation Cabinet to furnish a commercial driving history record to certain persons. It further allows the Transportation Cabinet to charge a fee and establish what shall be included in the driving history record. This administrative regulation establishes the content of a commercial driving record, the fee for purchasing a record and the procedures to be followed for purchasing a record.
History: 601 KAR 011:020. 17 Ky.R. 2567; eff. 4-5-1991; 23 Ky.R. 2260; 2721; eff. 1-9-1997; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 11:030 Restrictions and endorsements on commercial driver's licenses {#sec-601-kar-11-030 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:030}

Section 1. Numeric Restrictions. The numeric restrictions on the face of a commercial driver's license establish the physical restrictions required for a commercial driver. The numeric restrictions shall be as established in Table 1 of this section.

Section 2. Alpha Restrictions.

(1) The alpha restrictions on the face of a commercial driver's license and commercial driver's permit shall establish the restrictions pertaining to the type of commercial vehicle the driver shall be allowed to operate.

(2) The alpha restrictions for a commercial driver's license shall be as established in Table 2 of this subsection.

(3) The alpha restrictions for a commercial driver's permit shall be as established in Table 3 of this subsection.

Section 3. "F" Restriction. The "F" restriction shall appear on a commercial driver's license issued to an employee of a farm-related service industry pursuant to 601 KAR 11:080.

History

RELATES TO: KRS 281A.010 - 281A.320
STATUTORY AUTHORITY: KRS 281A.010, 281A.040, 281A.170
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.040 authorizes the Transportation Cabinet to promulgate administrative regulations necessary to carry out the provisions of KRS Chapter 281A. KRS 281A.170 requires the cabinet to promulgate an administrative regulation that outlines the restrictions on the operation of commercial vehicles and the associated codes that identify the restrictions. This administrative regulation establishes the restrictions required for operating a commercial vehicle and establishes the associated codes that identify the restrictions.
History: 601 KAR 11:030. 17 Ky.R. 2568; eff. 4-5-1991; 20 Ky.R. 2142; 2775; eff. 4-1-1994; 41 Ky.R. 329; eff. 10-7-2014; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 11:035 Waiver of skills test for military personnel {#sec-601-kar-11-035 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:035}

Section 1. Waiver Form.

(1) An applicant for a commercial driver's license who meets the criteria established in KRS 281A.165 may apply for a skills test exemption. If the applicant applies, the applicant shall complete a Military Certification for Skills Test Exemption, TC Form 94-167.

(2) A completed application form shall be submitted to the Transportation Cabinet, Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622.

Section 2. Notification.

(1) Within thirty (30) days of submission to the cabinet, an applicant shall be notified by mail of the approval or disapproval.

(2) An applicant shall take the notification of an approved application form to the circuit clerk's office for his or her county of residence.

Section 3. Incorporation by Reference.

(1) "Military Certification for Skills Test Exemption", TC Form 94-167, August 2011, is incorporated by reference.

History

RELATES TO: KRS 281A, 49 C.F.R. 383
STATUTORY AUTHORITY: KRS 281A.165
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281A.165 requires the Transportation Cabinet to promulgate an administrative regulation to establish an application form for military personnel applying for a commercial driver's license and requesting the waiver of a skills test. This administrative regulation establishes an application form and the procedures for submitting the form to the cabinet.
History: 601 KAR 011:035. 38 Ky.R. 171; 593; eff. 10-4-2011; Crt eff. 10-8-2018; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 11:040 Medical waivers for intrastate operators of commercial motor vehicles {#sec-601-kar-11-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:040}

Section 1. Application for Intrastate Medical Waiver.

(1) A commercial driver may apply to the Transportation Cabinet for a medical waiver if he:

(a) Operates exclusively in intrastate commerce; and

(b) Has failed to meet the physical requirements of 49 C.F.R. 391, Subpart E, which govern 601 KAR 1:005.

(2) The application for medical waiver shall be on Kentucky Transportation Cabinet form TC 94-38, "Request for Medical Waiver" effective December 1996.

(3)

(a) A copy of the completed medical examination form required by 49 C.F.R. 391.43 and 601 KAR 1:005 shall be attached to the application for medical waiver.

(b) The medical examination form shall have been completed by a health care professional as adopted in 601 KAR 1:005, Section 7.

(c) The medical examination form shall indicate the reason the applicant failed to meet the requirements of 49 C.F.R. 391 Subpart E.

(4)

(a) Except as provided in paragraph (b) of this subsection, a copy of the applicable supplemental medical report form shall be completed by a licensed doctor of medicine or osteopathy.

(b) The "Vision Conditions" form shall be completed by a licensed doctor of optometry or ophthalmology. The licensed doctor of medicine or osteopathy shall determine which of the following supplemental medical report forms are applicable to the medical waiver applicant:

"Cardiovascular";
"Neurological";
"Musculoskeletal";
"Metabolic";
"Alcohol or Drug Dependence"; and
"Mental and Emotional Conditions".

(5) The application for medical waiver, medical examination form and supplemental medical report form shall be submitted to the Transportation Cabinet, Division of Driver Licensing, State Office Building, Frankfort, Kentucky 40622.

Section 2.

(1) The Division of Driver Licensing shall base its decision on granting the requested medical waiver on the information obtained from the following:

(a) Driving history record of the applicant;

(b) Original medical examination form; and

(d) A skills test if suggested by the Medical Review Board, the applicant if his medical problem is exoskeletal or visual, or the provisions of this administrative regulation; and

(e) Any other information supplied to the Division of Driver Licensing about the driving ability of the applicant by the Medical Review Board, a physician, police officer or acquaintance.

(2) The following medical guidelines shall be considered by the Division of Driver Licensing in evaluating the information related to the commercial driver:

(a) Paraplegics or quadriplegics. If the applicant has a loss or impairment of foot, leg, arm, hand or fingers, he shall not be issued a medical waiver unless he passes a skills test administered by the Kentucky State Police in the commercial vehicle adapted for his specific disability.

(b) Vision. To be considered for a medical waiver, the commercial driver shall:

Have a distance visual acuity of 20/60 (Snellen) or better with corrective lenses in one (1) or both eyes;
Have horizontal visual fields which are not narrowed to less than 110 degrees of total visual field;
Readily distinguish which light of traffic signals and devices showing standard red, green and amber is illuminated;
Not wear bioptic lenses; and
Not have uncorrectable double vision.

(d) Epilepsy or other condition likely to cause loss of consciousness. A commercial driver with epilepsy or other condition which may cause loss of consciousness shall:

Have been seizure free for one (1) year prior to requesting the waiver;
Not have experienced loss of consciousness, blackout, fainting or disorientation in the year immediately prior to requesting the waiver; and
Be reliable in taking his prescribed medication to be considered for a medical waiver as proven by the blood content levels of his medication.

(e) Cardiovascular.

In the year immediately preceding a waiver request, a commercial driver shall not have experienced:

a. A fainting or blackout spell;

b. Uncontrollable attacks of choking, suffocation, or shortness of breath; or

c. Uncontrollable instances of syncope or vertigo.

A commercial driver shall not have heart disease symptoms while:

a. Operating a motor vehicle; or

b. Sitting at rest.

A commercial driver shall not have:

a. Difficulty in breathing;

b. Painful breathing; or

c. An aortic or ventricular aneurysm.

A commercial driver's:

a. Blood pressure shall not be irregular; or

b. Diastolic blood pressure shall not consistently be above 110 millimeters of mercury.

(f) Diabetes. A commercial driver shall not have:

An uncontrolled condition of diabetes; or
In the year immediately preceding a waiver request, had an instance of diabetes shock or coma.

(g) Alcohol or drugs. A commercial driver shall have been free of addiction to or abuse of alcohol or other drugs for at least one (1) year.

(h) Emotional or mental. A commercial driver shall:

Not exhibit homicidal, suicidal, or destructive behavior;
In the year immediately preceding a waiver request, not have experienced bouts of:

a. Extreme anxiety;

b. Depression;

c. Paranoia;

d. Confusion;

e. Delusions; or

f. Hallucinations.

Not, in the three (3) years immediately preceding a waiver request, have been hospitalized for a mental or emotional condition.

Section 3.

(1) If a commercial driver is granted a medical waiver, he shall submit to medical reexaminations required by the Division of Driver Licensing.

(2) After a reexamination, a waiver shall remain in effect if the physician performing the reexamination certifies that:

(a) The condition for which a waiver was issued has not worsened; and

(b) An additional nonqualifying condition has not manifested.

(3)

(a) The driving history record of a commercial driver approved for a medical waiver may be evaluated by the Division of Driver Licensing at any time.

(b) If a review of the person's driving history record, submitted medical information, or related items would cause the person to ordinarily be referred to the Medical Review Board under the provisions of 601 KAR 13:090, the waiver or waiver request shall be referred to the Medical Review Board for evaluation.

(4)

(a) After completion of a test of the commercial driver's driving skills requested by the Division of Driver Licensing, the Kentucky State Police shall submit to the Division of Driver Licensing:

The test results; and
Recommendations for waiver refusal or restrictions on a medical waiver.

(b) If a medical waiver with restrictions is issued, the restriction shall be noted on the commercial driver's motor vehicle operator's license or commercial driver's license.

(5) If an intrastate medical waiver is issued to a commercial driver, he shall notify the Division of Driver Licensing immediately of any change in or worsening of his physical or mental condition.

(6) If an intrastate medical waiver is issued to a commercial driver with a progressive disease, the Division of Driver Licensing may require the commercial driver to submit to a periodic skills test with the Kentucky State Police.

(7) If an intrastate medical waiver is issued to a person with a pacemaker, he shall submit an annual report on the functioning of the device to the Division of Driver Licensing.

(8) A medical waiver shall be cancelled if a commercial driver fails to within forty-five (45) days:

(a) Submit to a periodic report requested by the Division of Driver Licensing; or

(b) Report for a skills test.

(9) The employer of a commercial driver who has obtained a medical waiver shall notify the Division of Driver Licensing of a change in the commercial driver's:

(a) Physical or mental condition; or

(b) Employment or employment conditions.

Section 4.

(1) If a commercial driver is denied a medical waiver by the Division of Driver Licensing, he may request reconsideration from the Commissioner of the Department of Vehicle Regulation. In considering the request for reconsideration, the Commissioner of the Department of Vehicle Regulation shall request from the Medical Review Board established in accordance with 601 KAR 13:090 a review of the case and recommendation on the request for reconsideration.

(2) The request for reconsideration shall be filed with the Commissioner of the Department of Vehicle Regulation in writing within thirty (30) days of the decision of the Division of Driver Licensing.

(3) A member of the Medical Review Board with specific qualifications in the medical area relating to the request for reconsideration shall review the request when requested by the commissioner.

(4) The commissioner's review shall be based on the information provided to the Division of Driver Licensing, the recommendation of the Medical Review Board and any additional information requested by the commissioner.

(5) The Commissioner of the Department of Vehicle Regulation shall provide a copy of his findings to the:

(a) Commercial driver; and

(b) Division of Driver Licensing.

(6) A commercial driver aggrieved by the findings of the Commissioner of the Department of Vehicle Regulation may file an appeal with the Secretary of the Transportation Cabinet in accordance with the provisions of KRS Chapter 13B.

Section 5. Medical Review Board. Any applicant denied a medical waiver under the provisions of this administrative regulation shall be referred to the Medical Review Board under the provisions of 601 KAR 13:090.

Section 6. Waiver Cancellation. If at any time after the issuance of a medical waiver, the Division of Driver Licensing cancels the waiver pursuant to the provisions of this administrative regulation, the driver's commercial driver's license shall also be cancelled.

Section 7. Material Incorporated by Reference.

(1) The following Transportation Cabinet forms are incorporated by reference as a part of this administrative regulation:

(a) TC 94-38, "Request for Medical Waiver" effective December 1996;

(b) TC 94-38A "MEDICAL REPORT FORM - Vision" effective October 1996;

(d) TC 94-38C "MEDICAL REPORT FORM - Neurological" effective April 1996;

(e) TC 94-38D "MEDICAL REPORT FORM - Cardiovascular" effective March 1994;

(f) TC 94-38E "MEDICAL REPORT FORM - Musculoskeletal" effective March 1994;

(g) TC 94-38F "MEDICAL REPORT FORM - Alcohol or Drug Dependence" effective February 1991; and

(h) TC 94-38G "MEDICAL REPORT FORM - Mental and Emotional Conditions" effective March 1994.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Division of Driver Licensing, Second Floor, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. It is also available from the Driver Licensing Office of any Circuit Court Clerk.

History

RELATES TO: KRS 281.600, Chapter 281A, 49 C.F.R. 383, 391
STATUTORY AUTHORITY: KRS 281.600, 281A.040, 49 C.F.R. 383 Subpart E, 391 Subpart E
NECESSITY, FUNCTION, AND CONFORMITY: The federal requirements for the issuance of a commercial driver's license to a driver operating in interstate commerce include a certification that the driver meets the qualification requirements contained in 49 C.F.R. 391. The Federal Highway Administration does not require a person who operates entirely in intrastate commerce to be subject to 49 C.F.R. 391. He is subject however, to Kentucky driver qualification requirements. In 601 KAR 1:005 the Transportation Cabinet adopted the majority of the driver qualification requirements of 49 C.F.R. Part 391 on both an interstate and intrastate commerce basis. However, medical waivers in addition to those allowed in 49 C.F.R. 391.49 are allowed by the Federal Highway Administration for drivers operating exclusively in intrastate commerce. This administrative regulation sets forth the procedure and standards for obtaining an intrastate medical waiver.
History: 17 Ky.R. 2570; eff. 4-5-1991; 18 Ky.R. 3228; 19 Ky.R. 45; eff. 7-4-1992; 1460; 1749; eff. 1-21-1993; 20 Ky.R. 145; eff. 9-3-1993; 24 Ky.R. 1387; 1702; eff. 2-19-1998; 30 Ky.R. 1833; eff. 3-3-2004; Crt eff. 11-26-2019; Crt eff. 8-27-2026.

601 KAR 11:050 Adoption of 49 CFR Part 383 {#sec-601-kar-11-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:050}

Section 1. Notification of Convictions for Driver Violations. 49 CFR 383.31, effective July 21, 1988 shall govern a commercial driver's notice of conviction to the Kentucky Transportation Cabinet and his employer.

Section 2. Disqualification.

(1) 49 CFR Part 383.51(b)(3)(v) effective October 4, 1988 shall govern second convictions of any of the offenses listed in KRS 281A.190(1).

(2) The disqualification period shall be for ten (10) years.

(3) Prior to being eligible to have his driving privilege restored after serving the ten (10) year disqualification the person shall submit proof to the Transportation Cabinet's Division of Driver Licensing of having attended and successfully completed an alcohol or substance abuse treatment program which was approved by the Cabinet for Human Resources.

Section 3. Requirements for Issuance of License. An applicant for a commercial driver's license shall meet the requirements of 49 CFR 383.71 effective July 21, 1988. An applicant who operates exclusively in intrastate commerce shall meet all of the same requirements as an applicant operating in interstate commerce except that the exemptions to 49 CFR Part 391 provided to intrastate drivers in 601 KAR 1:005 shall be applicable for commercial drivers also.

Section 4. Required Knowledge and Skills. The knowledge and skills test administered by the Kentucky State Police in accordance with KRS 281A.160 shall meet the standards set forth in 49 CFR 383 Subpart G effective July 21, 1988.

History

RELATES TO: KRS Chapter 281A, 49 CFR Part 383
STATUTORY AUTHORITY: KRS 281A.010, 281A.040, 281A.130, 281A.140, 281A.160, 281A.270, 49 CFR Part 383
NECESSITY, FUNCTION, AND CONFORMITY: At many places in KRS Chapter 281, 49 CFR Part 383 is referred to as adopted by the Transportation Cabinet. However, many of the provisions of 49 CFR Part 383 are spelled out in KRS Chapter 281A. To avoid any possibility of conflict, the Transportation Cabinet in this administrative regulation is specifically setting forth those sections of 49 CFR Part 383 which in addition to KRS Chapter 281A, shall govern commercial driver's licenses in Kentucky.
History: 601 KAR 011:050. 17 Ky.R. 2573; eff. 4-5-1991; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

Section 1. Definitions. "Farm-related service industry" means a custom harvester, a farm retail outlet or supplier, an agrichemical business or a livestock feeder.

Section 2. Eligibility Requirements.

(1) A commercial driver employed by a farm-related service industry may apply for a farm-related service industry limited commercial driver's license.

(2) To be eligible for the limited farm-related service industry commercial driver's license, the applicant shall:

(a) Possess a valid Kentucky motor vehicle operator's license issued pursuant to KRS Chapter 186;

(b) Have been a Kentucky licensed motor vehicle operator for at least one (1) year;

(d) Have a current medical certificate as provided by 601 KAR 1:005;

(e) Pass the vision test for commercial drivers administered by the Kentucky State Police;

(f) Not have had his driving privilege suspended, canceled, revoked or otherwise withdrawn for any reason during the preceding two (2) years;

(g) Not have had during the preceding two (2) years a conviction in any type of motor vehicle of any of the following:

Driving under the influence of alcohol or other substance which may impair one's driving ability;
Leaving the scene of an accident;
Committing any felony involving a motor vehicle;
Speeding fifteen (15) miles per hour or more above the speed limit;
Reckless driving;
Improper or erratic lane changes;
Following too closely; or
Accident-related traffic law violation;

(h) Not have had an at-fault accident within the immediately preceding two (2) years; and

(i) Not be the holder of any type commercial driver's license.

(3) In place of the medical certificate and vision test, the applicant may have been issued a medical waiver pursuant to 601 KAR 11:040.

(4) The applicant shall not be required to submit to the knowledge or skills test required of other CDL applicants.

Section 3. Application for the Limited CDL.

(1) Application for the limited farm-related service industry commercial driver's license shall be made on form TC 94-17, "Farm-Related Services Restricted CDL Application", as effective January, 1994. This form is incorporated by reference as a part of this administrative regulation.

(2) The completed application shall be submitted to the driver license issuing office of the jurisdictional circuit court clerk.

(3) The holder of a valid operator's license who has less than six (6) months until his scheduled renewal of his operator's license may apply for an early renewal of his operator's license at the same time he applies for a limited farm-related services commercial driver's license.

(4) The form TC 94-17 incorporated by reference in subsection (1) of this section may be viewed, copied or obtained from the Division of Driver Licensing, Second Floor, State Office Building, Frankfort, Kentucky 40622 or the driver license issuing office of any circuit court clerk. The telephone number of the Division of Driver Licensing is (502) 564-6800. Its hours of business are 8 a.m. to 4:30 p.m. eastern time on weekdays.

Section 4. Validity of the Limited CDL.

(1) A qualified applicant may apply for any one (1) of the following limited farm-related service industry commercial driver's licenses:

(a) One (1) valid for sixty (60) days;

(b) One (1) valid for 120 days; or

(2) A person shall not possess a limited farm-related service industry commercial driver's license for more than 180 days in any twelve (12) month period.

(3) If the limited farm-related service industry commercial driver's privilege to operate any motor vehicle expires, is cancelled, or is withdrawn for any reason, his limited commercial driving privilege shall be terminated at the same time.

(4) A limited farm-related commercial driver who has at least sixty (60) additional days' time of eligibility in the twelve (12) month period may apply to the driver licensing issuance office of the circuit clerk for an extension of his limited farm-related service industry commercial driving privilege. Prior to issuing the extension to his limited commercial driving privilege, his driving history record shall be examined for eligibility with the requirements of Section 2 of this administrative regulation.

(5) A limited farm-related service industry commercial driver's license shall not be valid for the operation of a class "A" vehicle as defined in KRS 281A.170.

(6) A limited farm-related service industry commercial driver's license shall only be valid within 150 highway miles of the employing farm-related service industry.

(7) A limited farm-related service industry commercial driver's license shall not be valid for those commercial drivers transporting hazardous materials as defined in 601 KAR 1:025 except the following:

(a) 1000 gallons or less of diesel fuel; or

(b) Anhydrous ammonia or other types of liquid fertilizer transported in a vehicle or implement of husbandry with a total capacity of 3000 gallons or less;

(8) A limited farm-related service industry commercial driver's license shall only be valid if accompanied by a valid operator's license displaying the following:

(a) An "F" restriction; and

(b) Either a "B" or "C" class commercial driver's license.

Section 5. Fees.

(1) Each year at the initial application pursuant to Section 4(1) of this administrative regulation, the applicant for a limited farm-related service industries commercial driver's license shall pay a ten (10) dollar fee to the circuit court clerk for the issuance of the photo farm services CDL which shall be accompanied by the operator's license.

(2) The applicant for a duplicate or extension to the farm services commercial driver's license during a twelve (12) month period in which he has already paid the fee specified in subsection (1) of this section shall pay a fee of three (3) dollars to the circuit court clerk for the issuance of a new limited farm-related service industries commercial driver's photo license which shall be attached to the motor vehicle operator's license.

History

RELATES TO: KRS 186.531, Chapter 281A, 49 C.F.R. Part 383
STATUTORY AUTHORITY: KRS 186.400, 281A.040, 281A.150, 281A.0901, 49 C.F.R. Part 383
NECESSITY, FUNCTION, AND CONFORMITY: The Federal Highway Administration on April 17, 1992 published in the "Federal Register" a notice that it was allowing limited waivers from some of the provisions of 49 CFR Part 383 relating to the commercial driver's license (CDL) for certain employees of custom harvesters, farm retail outlets and suppliers, agrichemical businesses and livestock feeders. Each state is allowed to waive, at its option, these employees from the commercial driver's license knowledge and skills testing requirements and issue these employees limited CDL's for a seasonal period. The Transportation Cabinet has made a commitment to the motor carrier industry to be no more stringent than required by FHWA in the implementation in Kentucky of the commercial driver's license program. Since FHWA has determined that the granting of this limited authority waiver would not be contrary to the public interest and would not diminish the safe operation of commercial motor vehicles, the Kentucky Transportation Cabinet, through this administrative regulation, adopts this waiver program.
History: 601 KAR 011:080. 20 Ky.R. 2931; eff. 6-23-1994; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

Chapter 12 Driver's License

601 KAR 12:020 Expired, transferred, or suspended driver's license; retesting requirements {#sec-601-kar-12-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:020}

Section 1.

(1) Any person whose driving privilege has been expired for a period in excess of one (1) year shall be required to comply with KRS 186.480(1) as a part of the process for applying for restoration of his driving privilege.

(2) A person whose Kentucky driver's license has been expired for a period of one (1) year shall make application for renewal pursuant to KRS 186.412.

Section 2. Testing pursuant to KRS 186.480 may be waived for the following Kentucky driver's license applicants:

(1) A Kentucky resident with a valid driver's license issued by another licensing jurisdiction; and

(2) A person whose Kentucky driving privilege has been withdrawn, suspended, or revoked for a period of one (1) year or less.

Section 3. A person whose driving privilege has been withdrawn, denied, suspended, cancelled, or revoked in any state or licensing jurisdiction shall not be issued a Kentucky driver's license until proof of clearance or termination of the driving privilege withdrawal from the state or licensing jurisdiction withdrawing the driving privilege has been submitted to the Transportation Cabinet.

Section 4. This administrative regulation shall not validate:

(1) A driver's license which has expired; or

(2) Driving privilege which has been withdrawn, denied, suspended, canceled, or revoked.

History

RELATES TO: KRS 186.401, 186.412, 186.440(8), 186.480
STATUTORY AUTHORITY: KRS 186.400(1)
NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation requires a driver whose Kentucky driver's license has been expired or whose driving privilege has been withdrawn for a period in excess of one (1) year to demonstrate pursuant to KRS 186.480 that he is able to safely operate a motor vehicle. It establishes that the testing provisions of KRS 186.480 may be waived for a Kentucky resident who holds a valid driver's license issued by another jurisdiction and who is applying to transfer his driver's license to Kentucky. It further requires proof that a driving privilege withdrawal period has ended prior to licensing.
History: 601 KAR 012:020. PSfty-DL-1; 1 Ky.R. 1038; eff. 6-11-1975; 14 Ky.R. 485; eff. 10-2-1987; 23 Ky.R. 2855; eff. 3-4-1997; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 12:050 Driver licensing fee schedule; and licensees under age twenty-one (21) {#sec-601-kar-12-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:050}

Section 1. Definitions.

(1) "Driver's license" as used in KRS 186.531 for the purposes of this administrative regulation shall mean any operator's, motorcycle, moped, chauffeur's or combination operator's-motorcycle license issued by a circuit court clerk which entitles the possessor to operate a motor vehicle or moped on the public highways of Kentucky.

(2) "Add-on" shall mean the expansion of a driving privilege to include the operation of another type of motor vehicle.

(3) "Under twenty-one (21)" license shall mean a driver's license as defined in subsection (1) of this section or nondriver identification card issued to an individual who is under the age of twenty-one (21). An "under twenty-one (21)" license or nondriver identification card shall be specially designated by color coding and by the use of the phrase "under twenty-one (21)."

Section 2. Any applicant requesting a duplicate, add-on, or other replacement license who holds a valid driver's license as defined herein, or a nondriver identification card issued prior to July 15, 1986 shall retain the original license or identification card expiration date. Any applicant requesting an original or renewal driver's license prior to his 21st birthday shall be issued a license to expire on his 21st birthday.

Section 3. Under Twenty-one (21) Applicants. The fee schedule for an applicant under the age of twenty-one (21) to obtain a driver's license or license renewal is outlined in Appendix A. Such original license or renewal expires on the licensee's 21st birthday. Pursuant to statute, the licensee has thirty (30) days after the expiration of the license in which to renew.

Section 4. Add-on Applicants. The fee schedule for an applicant who has either an operator's or motorcycle license and who is applying for a combination license is outlined in Appendix B.

Section 5. Duplicate License Applicants. The fee schedule for an applicant whose valid license has been lost or destroyed and who is applying for a duplicate and an add-on license is outlined in Appendix C. The fee for a duplicate license without an add-on or a duplicate nondriver identification card is the two (2) dollar fee set forth in KRS 186.531.

Section 6. Duplicate, Add-on, or Other Replacement License or Nondriver Identification Card. An applicant under the age of twenty-one (21), who is applying for a duplicate, an add-on or any other type of replacement or modified license, or is applying for a duplicate nondriver identification card, shall be issued an "under twenty-one (21)" license as specified in KRS 186.412. The license or nondriver identification card expiration date shall be the same as on the original license as provided by Section 2 of this administrative regulation. If the licensee or nondriver identification card holder reaches his 21st birthday prior to the expiration of that license or identification card, on or after his 21st birthday he may request a replacement license which does not have the "under twenty-one (21)" code from the circuit court clerk in his county of residence.

History

RELATES TO: KRS 186.400-186.640, 281.726
STATUTORY AUTHORITY: KRS 186.400
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.531 requires that the license issued to a driver under the age of twenty-one (21) have an "under twenty-one (21)" designation and that the fee be prorated. This administrative regulation sets forth the license fee schedule for such licenses. This administrative regulation also includes the fee schedule for the issuance of any other license for a driver over the age of twenty-one (21) or nondriver identification card which license or identification card is valid for less than four (4) years. Administrative regulation includes the fee schedule for the issuance of any other license or nondriver identification card which is valid for less than four (4) years.
History: 601 KAR 012:050. 13 Ky.R. 455; eff. 9-4-1986; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 12:060 Hardship driver's license {#sec-601-kar-12-060 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:060}

Section 1. Issuance of Hardship Driver's License.

(1) A person who has been given a court order authorizing the issuance of a hardship driver's license shall apply for the license at the driver licensing issuance office of the circuit court clerk in his or her county of residence.

(2) The license shall be a photo license clearly designated "hardship" on the front of the license.

(3) A person arrested for an alcohol or substance offense shall not be issued a hardship driver's license sooner than the expiration of the minimum license suspension period imposed by the court as established in KRS 189A.010(6), 189A.070, 189A.107, or 189A.410.

(4)

(a) A hardship order may be issued immediately after a license suspension for failure to pay restitution as established in KRS 532.356.

(b) The hardship license shall be valid for one (1) year and may be renewed yearly from the date of issuance until restitution is completed.

(5) If the court requires an ignition interlock device as a condition of the hardship license, 601 KAR 2:030 shall be applicable.

Section 2. Submission of Withdrawal Notice.

(1) If applying for the issuance of the hardship driver's license, the applicant shall present:

(a) The court order granting hardship driving privilege;

(b) Except as established in subsection (2) of this section, the driving privilege withdrawal notice from the Transportation Cabinet, Division of Driver Licensing; and

(2) If the applicant does not have the withdrawal notice from the Transportation Cabinet, Division of Driver Licensing, the circuit court clerk shall contact the Division of Driver Licensing to determine the date of expiration of the hardship driver's license.

Section 3. Eligibility.

(1) A person whose Kentucky operator's license has been suspended or revoked as a result of the current charge of driving while under the influence of alcohol or other impairing substances or a person required to make restitution after a conviction of KRS 434.650-670, 434.690, 506.120, 514.030-060, 514.070-090, 514.110, or 514.120 may be issued a hardship driver's license.

(2) If the applicant for a hardship driver's license is a new Kentucky resident whose driving privilege has been withdrawn in another jurisdiction, he or she shall not be eligible for a hardship driver's license until the jurisdiction imposing the driving privilege withdrawal provides a statement that the person is eligible to have his or her driving privilege restored.

Section 4. Hardship Driver's License Fee.

(1)

(a) The applicant for a hardship driver's license shall pay a five (5) dollar fee pursuant to KRS 189A.450 to the circuit court clerk for his photo hardship driver's license.

(b) The circuit court clerk shall forward the fee to the Transportation Cabinet in accordance with KRS 186.490.

(2)

(a) A renewed hardship license shall be available at a cost of five (5) dollars per year for a driver who has not completed restitution as required in KRS 532.356.

(b) A driver whose driving privilege has been suspended for five (5) years or more because he or she has failed to make restitution shall not be required to start over as a new driver.

Section 5. Hardship Driver's License Attachments. The circuit court clerk shall:

(1)

(a) Attach the yellow copy of the court order to the hardship driver's photo license before it is given to the applicant; and

(b) The hardship driver's license shall not be considered complete or official unless the copy of the court order is attached;

(2) Attach a copy of the court order requiring interlock device installation, if applicable; and

(3) Note on the court order form that additional instructions are attached if the orders, instructions, or restrictions of the court are so extensive that they cannot be written in full. The additional instructions shall be certified or attested and attached to the hardship driver's license in addition to the yellow copy of the court order form in order for the license to be considered complete or official.

Section 6. Replacement Hardship Driver's License. If a valid hardship driver's license is lost or destroyed, the licensee may apply for a replacement photo license by presenting another copy of the court order and a five (5) dollar fee to the circuit court clerk in the county of residence.

Section 7. Cancellation of Hardship Driver's License.

(1) The court withdrawing the licensee's driving privilege has exclusive jurisdiction over the issuance of a hardship driver's license.

(2) If the person is convicted of an additional offense that would cause the withdrawal of his or her driving privilege, or reported by a court to have not satisfied an outstanding citation that would cause the withdrawal of the licensee's driving privilege, the Transportation Cabinet shall cancel the hardship driver's license and notify the licensee.

Section 8. Decal Requirements.

(1) The decal required by KRS 189A.430 shall be placed in the lower corner of the rear window on the driver's side in a motor vehicle that has a rear window.

(2) If the motor vehicle does not have a rear window, the decal shall be placed so that it is plainly visible from the rear of the motor vehicle.

History

RELATES TO: KRS 189A.010, 189A.070, 189A.107, 189A.400-189A.460, 434.650-670, 434.690, 506.120, 514.030-060, 514.070-090, 514.110, 514.120
STATUTORY AUTHORITY: KRS 189A.400-189A.460, 532.356
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.400 through 189A.460 authorizes the issuance of a hardship driver's license to a person whose driving privilege has been withdrawn for a conviction of KRS 189A.010. KRS 532.356 authorizes the issuance of a hardship driver's license to a person whose driving privilege has been withdrawn until restitution is paid due to a conviction under the following statutes: KRS 434.650-670, 434.690, 506.120, 514.030-060, 514.070-090, 514.110, and 514.120. The court withdrawing the person's driving privilege has exclusive jurisdiction to decide whether the person shall be issued a hardship driver's license, and the hardship driver's license shall be issued by the Transportation Cabinet. The circuit court clerks, acting on behalf of the Kentucky Transportation Cabinet, shall issue the hardship driver's license. KRS 189A.460 requires the Transportation Cabinet to promulgate administrative regulations relating to the implementation of the hardship driver's license provisions of KRS Chapter 189A. This administrative regulation sets forth procedures to be followed in applying to the circuit court clerk for a hardship driver's license and for the circuit clerk to issue the license. It further sets forth the fee for the hardship driver's license, provides for cancellation of a hardship driver's license, and allows for a replacement or a renewed hardship driver's license to be issued.
History: 601 KAR 012:060. 18 Ky.R. 567; 1007; eff. 10-1-1991; 27 Ky.R. 2576; 3085; eff. 5-14-2001; 36 Ky.R. 1116; 2325; eff. 7-2-2010; Crt eff. 10-8-2018; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 12:070 Driving privilege withdrawal for child support nonpayment {#sec-601-kar-12-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:070}

Section 1. Hearing Procedure. In accordance with KRS 186.570(3) the Transportation Cabinet designates the Human Resources Cabinet as the appropriate agency to hold the administrative hearing on child support nonpayment and the associated withdrawal of driving privilege.

Section 2. In order to have driving privilege restored which has been withdrawn pursuant to KRS 186.570(2) the following events shall have occurred:

(1) The Cabinet for Human Resources shall have submitted written authorization to the Transportation Cabinet for the restoration of driving privilege; and

(2) The person shall have complied with the reinstatement procedure set forth in KRS Chapter 186.

History

RELATES TO: KRS 186.570
STATUTORY AUTHORITY: KRS 186.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.570(2) requires the Transportation Cabinet to deny a license to or suspend the license of an operator of a motor vehicle upon receiving written notification from the Cabinet for Human Resources that the person has a child support arrearage which equals or exceeds the cumulative amount which would be owed after one (1) year on nonpayment. Pursuant to KRS 186.570(3), the Transportation Cabinet is required to offer an opportunity for an administrative hearing prior to withdrawing driving privilege. The Human Resources Cabinet offers an administrative hearing on child support arrearage pursuant to 904 KAR 2:410. Further, the appeal procedure set forth in Section 4 of 904 KAR 2:400 meets the requirements of KRS 186.570(3). Therefore, rather than require a person to go through two (2) administrative hearings covering exactly the same information, the hearing held by the Human Resources Cabinet pursuant to 904 KAR 2:410 is designated by this administrative regulation to also be the hearing required pursuant to KRS 186.570(3). Further, the administrative regulation sets forth the events which must have occurred prior to the restoration of driving privilege which was withdrawn pursuant to KRS 186.570(2).
History: 601 KAR 012:070. 22 Ky.R. 444; eff. 10-3-1995; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 12:080 Drivers license or personal ID renewal or replacement for persons without an established and fixed nighttime residence {#sec-601-kar-12-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:080}

Section 1. Definitions.

(1) "Homeless individual" means a person at least eighteen (18) years of age who lacks a fixed, regular, and nighttime residence.

(2) "Homeless youth" is defined by 42 U.S.C. § 11434a(2) and KRS 186.4122.

Section 2. Procedures for Renewing an Operator's License, Duplicate Operator's License, or Personal Identification Card.

(1)

(a) Until August 1, 2024, all applicants who meet the definition of homeless individual shall complete form TC94-199, 09/2023 edition, to renew an operator's license, receive a duplicate operator's license, or to receive an initial, renewal, or duplicate personal identification card. This form shall not be used for issuance of an initial operator's license.

(b) Beginning August 1, 2024, all applicants who meet the definition of homeless individual shall complete form TC94-199, 08/2024 edition, to renew and operator's license, receive a duplicate operator's license, or to receive an initial, renewal, or duplicate personal identification card. This form shall not be used for issuance of an initial operator's license.

(2) All applicants who meet the definition of homeless youth and who are between the ages of sixteen (16) and seventeen (17) years old but younger than eighteen (18) years of age, shall complete form TC94-198 to receive a personal identification card.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "TC94-198", October 2023;

(b) "TC94-199", September 2023; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Driver Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material is also available on Transportation Cabinet's Web site at https://transportation.ky.gov/Organizational-Resources/Pages/Forms-Library-(TC-94).aspx.

History

RELATES TO: KRS 186.412, 186.4122, 186.531, 42 U.S.C. 11434a(2)
STATUTORY AUTHORITY: KRS 186.412, 186.4122, 186.531
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.412 establishes procedures to allow applicants seeking to renew or obtain a duplicate operator's license when the applicant does not have an established and fixed nighttime residence. KRS 186.4122 establishes procedures for an applicant seeking an initial, renewal, or duplicate personal identification card when the applicant does not have an established and fixed nighttime residence. KRS 186.412 requires the Transportation Cabinet to promulgate administrative regulations establishing forms relating to both personal driver's licenses and personal identification cards.
History: 50 Ky.R. 1628; 2053; 51 Ky.R. 42; eff. 6-4-2024.

601 KAR 12:120 Visual acuity and visual field testing for initial application or renewal of instruction permit, initial application or renewal of operator's license, or reinstatement {#sec-601-kar-12-120 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:120}

Section 1. Definitions.

(1) "Corrective lens" means an ophthalmic lens, whether an eyeglass, contact lens, or single lens system, that corrects the refraction error or other optically correctable deficiency of the eye.

(2) "Credentialed medical specialist" means an osteopath, physician, or advanced practice registered nurse who is credentialed by the cabinet to perform vision testing under this administrative regulation.

(3) "Field of vision" means the entire horizontal and vertical planes a person has for each eye without shifting the gaze.

(4) "Licensing action" means any action by the Transportation Cabinet involving the denial, cancellation, restriction, or issuance of a motor vehicle operator's license pursuant to KRS Chapter 186.

(5) "Medical Review Board" means the Medical Review Board established pursuant to KRS 186.444 and 186.570(1)(c).

(6) "Vision specialist" means a person licensed to practice optometry as established in KRS Chapter 320 or its out-of-state equivalent, or an ophthalmologist who is a medical or osteopathic physician specializing in eye and vision care and licensed pursuant to KRS Chapter 311 or its out-of-state equivalent.

(7) "Vision testing" means the:

(a) Initial vision screening for visual acuity and visual field conducted by the Kentucky State Police, a credentialed medical specialist, or a vision specialist to test persons applying for an initial operator's license or an initial instruction permit, or the vision screening conducted by the Division of Driver Licensing, a credentialed medical specialist, or a vision specialist to test persons applying for a renewal operator's license, a renewal instruction permit, or reinstatement; and

(b) Further examination vision testing for visual acuity and visual field conducted by a vision specialist after a failed initial vision screening.

(8) "Visual field" is defined by KRS 186.576(13).

(9) "Visual field standards" means the driver's horizontal field of vision is at least thirty (30) degrees to both the left and the right without interruption and their vertical field of vision is at least twenty-five (25) degrees above and below fixation without interruption.

Section 2. Procedures for Testing Applicants for Initial or Renewal Instruction Permit, Initial or Renewal License, or Reinstatement.

(1) The following persons shall submit to a test of visual acuity and visual field at the time of application or renewal:

(a) All persons applying for an initial or renewal operator's license;

(b) All persons applying for an initial or renewal instruction permit; and

(2) Vision testing under this section shall be administered to any person:

(a) Applying for an initial operator's license, an initial instruction permit, or reinstatement of a license when vision shall be tested as required in KRS 186.480:

Prior to the time of application under subsection (5) of this section; or
By Kentucky State Police at the time of application;

(b) Applying for operator's license renewal or instruction permit renewal:

Prior to the time of application under subsection (5) of this section; or
By the Transportation Cabinet at the time of application; or Identified in Kentucky administrative regulations promulgated by the

(3) Visual acuity and visual field.

(a) Persons whose visual acuity is 20/40 or better in one (1) eye 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.

(b) Persons whose visual acuity is 20/40 or better in one (1) eye 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.

(c) Persons with a horizontal visual field in the person's better eye of at least thirty (30) degrees to the left and right side of fixation without interruption and a vertical visual field in the person's better eye of at least twenty-five (25) degrees above and below fixation without interruption shall be eligible to test for an instruction permit or operator's license or shall be eligible for an instruction permit or operator's license renewal or reinstatement.

(d) If a person fails to meet a 20/40 visual acuity standard or the visual field standard established by this administrative regulation in an initial screening by the Kentucky State Police, the Division of Driver Licensing, or a credentialed medical specialist, the person shall be referred to a vision specialist for further examination. If a vision specialist performs the initial screening and the person does not meet the visual standards, the vision specialist may conduct any further examination necessary to complete the Driver Vision Testing Certification, TC 94-202.

(e) Any further examination visual field test conducted by a vision specialist after a failed initial vision screening under this administrative regulation shall test the entire field of vision for interruption.

(4) A person referred to a vision specialist under subsection (3)(d) of this section whose visual acuity is 20/60 or better in one (1) eye and who meets or exceeds the visual field standard established by this administrative regulation, shall be eligible to test for an instruction permit or operator's license or shall be eligible for operator's license renewal or reinstatement. If corrective lenses were prescribed by a vision specialist, the person's driving privileges shall be restricted to mandate the use of the corrective lenses.

(5) Vision tests administered under subsection (2)(a) of this section shall be deemed to meet the testing provisions established in subsection (3) or (4) of this section, if the person submits a Driver Vision Testing Certification, TC 94-202, and the form has been completed by:

(a) A vision specialist; or

(b) An osteopath, physician, or advanced practice registered nurse who is credentialed by the department to perform vision testing pursuant to KRS 186.577 and this administrative regulation.

(6) All driver vision testing forms completed under subsection (5) of this section shall:

(a) Attest that the applicant meets or exceeds the visual acuity standard and visual field standard established by KRS 186.577 and the department in this administrative regulation;

(b) Only be valid if the vision specialist or the credentialed osteopath, credentialed physician, or credentialed advanced practice registered nurse signed and completed the Driver Vision Testing Certification, TC 94-202, vision testing form less than twelve (12) months prior to the date of application or renewal;

(d) 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.

(7) 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 KRS 186.577 and this administrative regulation.

(8) Any person renewing an operator's license under KRS 186.416 shall be exempt from the vision testing requirements outlined in this administrative regulation.

(9) Persons who meet the requirements of KRS 186.578 and are issued operator's licenses under KRS 186.579 shall:

(a) Have their driving privileges restricted to the use of a bioptic telescopic device; and

(b) Be otherwise exempt from this section.

(10) Pursuant to KRS 186.480, the provisions of KRS 186.577 and of this administrative regulation shall not apply to an applicant who:

(a) 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;

(b) At the time of application for a motorcycle instruction permit or motorcycle operator's license, presents evidence of successful completion of an approved rider training course under KRS 176.5062; or

(c) 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.

(11) A credentialed medical specialist or a vision specialist shall complete the Driver Vision Testing Certification, TC 94-202, after any examination requested pursuant to KRS 186.577 and this administrative regulation and shall submit a copy of the certification of any examination failures to the Division of Driver Licensing. Unless the Division of Driver Licensing or the Kentucky State Police is conducting the initial screening at the time of application, the Kentucky State Police or the department shall require a person to submit a completed original copy of Driver Vision Testing Certification, TC 94-202, for that person to be eligible for an initial operator's license, an initial instruction permit, license renewal, permit renewal, or reinstatement.

(12) After any examination requested pursuant to KRS 186.577 and this administrative regulation, the examining vision specialist or credentialed medical specialist shall complete and report the findings of an examination on the Driver Vision Testing Certification, TC 94-202, and shall submit it directly to the department if the person's visual acuity or visual field do not meet the standards in this administrative regulation

(13) If the department learns that a person applying for an initial or renewal instruction permit, initial or renewal license, or reinstatement, could have a medical condition that might affect safe driving, the department may, pursuant to 601 KAR 13:090, 13:100, and this administrative regulation, require the person to provide the Medical Review Board with information about the person's medical condition and may thereafter take an appropriate licensing action.

Section 3. Appeal of a Denial of Initial Instruction Permit, Operator's License, Renewal, or Reinstatement for Vision Standards.

(1) After any further examination by a vision specialist requested pursuant to KRS 186.577 and this administrative regulation, an applicant who is deemed ineligible for an initial instruction permit, operator's license, renewal, or reinstatement because their visual acuity or visual field do not meet the applicable standards may appeal their denial to the Division of Driver Licensing, Medical Review Board.

(2) An appeal shall be made by submitting a copy of the Driver Vision Testing Certification, TC 94-202, certified by a vision specialist to the Medical Review Board within twenty (20) days of the date the further examination was completed.

Section 4. Credentialing of a Medical Specialist.

(1) A licensed osteopath, physician, or advanced practice registered nurse shall become credentialed by the Department of Vehicle Regulation before they may perform the initial vision testing required under KRS 186.577 and this administrative regulation. To become credentialed, the medical professional shall submit to the department a completed Medical Specialist Credentialing Certification, TC 94-203.

(2) The applicant medical specialist shall thereafter receive an approved copy of the Medical Specialist Credentialing Certification, TC 94-203, from the Division of Driver Licensing credentialing them to perform the initial vision screening required under KRS 186.577 and this administrative regulation prior to completing any driver vision examination, and prior to completing a Driver Vision Testing Certification, TC 94-202.

(3) The credentialed medical professional shall include their Medical Specialist Credential certification number on any completed Driver Vision Testing Certification, TC 94-202.

Section 5. Incorporated by Reference.

(1) The following material is incorporated by reference:

(a) "TC 94-202, Driver Vision Testing Certification," December 2024.

(b) "TC 94-203, Medical Specialist Credentialing Certification," December 2024.

(3) This material is also available on the Transportation Cabinet's website at https://transportation.ky.gov/Organizational-Resources/Pages/Forms-Library-(TC-94).aspx.

History

RELATES TO: KRS 186.412, 186.4121, 186.415, 186.416, 186.417, 186.419, 186.435, 186.442, 186.450, 186.480, 186.578, 186.579, 186.580, 186.635, Chapter 311, 320
STATUTORY AUTHORITY: KRS 186.4101, 186.444, 186.570, 186.577
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.577 requires the Kentucky State Police to submit persons applying for an initial operator's license or an initial instruction permit to submit to a test of visual acuity and visual field at the time of application. KRS 186.577 also requires the Kentucky Transportation Cabinet, Department of Vehicle Regulation, Division of Driver Licensing, to submit persons applying for a renewal operator's license, a renewal instruction permit, or reinstatement to a test of visual acuity and visual field at the time of application. KRS 186.577 also requires that persons whose visual acuity is 20/60 or better in one (1) eye and who meet or exceed the visual field standard established by this administrative regulation with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses. KRS 186.577 also requires the Transportation Cabinet to promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of the section, including 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 the section.
History: 601 KAR 012:120. 51 Ky.R. 1343, 1850; eff. 6-3-2025.

Chapter 13 Driver Improvement

601 KAR 13:025 Point system {#sec-601-kar-13-025 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:025}

Section 1. Definitions.

(1) "Conviction" means an adjudication of guilt, forfeiture of bail, a plea of guilty, a plea of nolo contendere, an Alford plea, or the payment of a fine or court cost, with or without a court appearance.

(2) "Probation" means a pending driving privilege suspension period that is held in abeyance.

(3) "Suspension" means a temporary denial, interruption, withdrawal, or revocation of a driver's license.

Section 2. Application of Penalty Points.

(1) A schedule of penalty points shall be applied to determine if a person is a habitually reckless or negligent driver as referenced in KRS 186.570(1)(d).

(2) Penalty points shall be assessed or a driving privilege suspended for conviction of a motor vehicle law of any state for which penalty points are assigned pursuant to Section 4 of this administrative regulation, except a speeding violation in another state shall not be assessed penalty points.

Section 3. Serious Violations.

(1) Conviction for one (1) of the serious violations, referenced in paragraphs (a) through (c) of this subsection, of the motor vehicle laws may, in accordance with Sections 7 or 9 of this administrative regulation, cause suspension or probation of the driving privilege for the period of time indicated:

(a) Racing - ninety (90) days;

(b) Speeding twenty-six (26) MPH or more over limit - ninety (90) days; or

(2) A person convicted of a violation referenced in subsection (1) of this section shall appear for an informal hearing at the time and place established pursuant to Section 9 of this administrative regulation.

Section 4. Penalty Points. Conviction for one (1) of the moving traffic offenses, referenced in subsections (1) through (24) of this section, except for a speeding violation in another state, shall be cause for assessment of the penalty points indicated:

(1) Speeding fifteen (15) MPH or less over the limit - three (3) penalty points, except as established in KRS 186.572;

(2) Speeding sixteen (16) MPH or more, but less than twenty-six (26) MPH, over the limit - six (6) penalty points;

(3) Failure to stop for church or school bus, as established in KRS 189.990(5) - six (6) penalty points;

(4) Improper passing - five (5) penalty points;

(5) Reckless driving - four (4) penalty points;

(6) Driving on the wrong side of road - four (4) penalty points;

(7) Following too closely - four (4) penalty points;

(8) Failure to yield to an emergency vehicle - four (4) penalty points;

(9) Changing drivers in a moving vehicle - four (4) penalty points;

(10) Vehicle not under control - four (4) penalty points;

(11) Failure to stop violation (electric signal, railroad crossing, stop sign) - three (3) penalty points;

(12) Failure to yield - three (3) penalty points;

(13) Driving the wrong way on one-way street - three (3) penalty points;

(14) Driving too fast for conditions - three (3) penalty points;

(15) Driving too slow for conditions - three (3) penalty points;

(16) Improper start - three (3) penalty points;

(17) Improper driving - three (3) penalty points;

(18) Careless driving - three (3) penalty points;

(19) Failure to yield left lane - three (3) penalty points;

(20) Improper lane usage - three (3) penalty points;

(21) Failure to illuminate headlights - three (3) penalty points;

(22) Failure to dim headlights - three (3) penalty points;

(23) Texting while driving - three (3) penalty points; or

(24) A combination of two (2) or more violations of motor vehicle laws in one (1) occurrence - six (6) penalty points.

Section 5. Warning Letter.

(1)

(a) If a person of eighteen (18) years of age or older accumulates six (6) or more penalty points within a two (2) year period, the Transportation Cabinet shall send a letter to the address shown on the driving history record advising the person of the number of penalty points on his or her driving history record.

(b) The letter shall inform the person of the penalties that may be imposed if he or she accumulates twelve (12) or more penalty points within two (2) years.

(2)

(a) If a person under the age of eighteen (18) years accumulates four (4) or more penalty points within a two (2) year period, the Transportation Cabinet shall send a letter to the address shown on the driving history record advising of the number of penalty points on his or her driving history record.

(b) The letter shall inform the person of the penalties that may be imposed if seven (7) or more penalty points are accumulated prior to his or her 18th birthday.

Section 6. Suspension.

(1) The cabinet may, in accordance with Sections 7 or 9 of this administrative regulation, suspend or probate the driving privilege of a person:

(a) Eighteen (18) years of age or older who accumulates twelve (12) or more penalty points within a period of two (2) years; or

(b) Under the age of eighteen (18) years who accumulates seven (7) or more penalty points within a period of two (2) years.

(2) The cabinet may, in accordance with Section 9 of this administrative regulation, suspend the driving privilege of a person for a period of:

(a) No less than ninety (90) days but no more than six (6) months for the first accumulation;

(b) One (1) year for the second accumulation; and

(3) If the cabinet suspends the driving privilege of a person during the period that a prior suspension is in effect, the subsequent suspension period shall run consecutive to the prior.

Section 7. Probation.

(1) If a person possesses a valid operator license or intermediate license not suspended in any state or jurisdiction and appears at an informal hearing at the time and place established pursuant to KRS 186.570 and Section 9 of this administrative regulation, a driver improvement hearing officer may place the driver as referenced in paragraphs (a) through (c) of this subsection on probation in lieu of suspension if the person is:

(a) Of eighteen (18) years of age or older who accumulates twelve (12) penalty points or more within a period of two (2) years;

(b) Under the age of eighteen (18) years who accumulates seven (7) or more points; or

(2) The probation period used in lieu of suspension shall be double the length of the applicable suspension period.

(3) A person on probation shall have his or her driving privilege suspended, pursuant to Section 6 of this administrative regulation if he or she:

(a) Receives an additional conviction of a motor vehicle law; or

(b) Fails to enroll and successfully complete the driver improvement clinic.

(4) A person placed on probation shall not be eligible again for probation prior to a two (2) year period from the expiration of the probationary period.

(5)

(a) The cabinet may, in accordance with Section 9 of this administrative regulation, waive the remainder of a driving privilege suspension if the suspended person becomes eligible for probation.

(b) If waived, the driver shall be placed on probation for double the amount of time remaining on the suspension period.

Section 8. Conviction Report.

(1) The cabinet shall not consider a conviction report used to impose a driving privilege suspension or probation for the imposition of an unrelated suspension or probation.

(2) The cabinet may consider a conviction report used to impose a driving privilege suspension or probation to show that the person's driving privilege has previously been suspended.

Section 9. Informal Hearing.

(1)

(a) Pursuant to KRS 186.570(4), an informal hearing shall be available to a person who received notice of the cabinet's intent to suspend his or her driving privilege.

(b) Pursuant to KRS 186.570(1) through (4), a person convicted of a violation referenced in Sections 3 or 6(1) of this administrative regulation shall appear for an informal hearing at the time and place designated by the cabinet.

(2) To be eligible for probation, the person shall appear for the informal hearing at the time and place designated by the cabinet.

(3) The informal hearing shall be conducted by a driver improvement hearing officer who is an appointed representative of the Transportation Cabinet.

(4) The testimony given at the informal hearing shall be recorded and retained by the cabinet for a period of at least sixty (60) days after the deadline for requesting an administrative hearing.

(5)

(a) The driver improvement hearing officer shall determine if the cabinet may suspend a person's driving privilege based on the:

Evidence presented;
Testimony; and
Driving history record.

(b) If the driver improvement hearing officer determines that the cabinet may suspend the person's driving privilege, he shall order a:

License suspension; or
Probationary period.

(6) If probation is granted, the terms shall be carefully explained to the person. The person shall indicate an understanding and acceptance of the terms by signing a Probation Request, TC Form 94-51.

(7) If probation is not granted, the driver improvement hearing officer shall prepare the order suspending the person's driving privilege at the close of the informal hearing. The effective date of the suspension shall be included in the order.

Section 10. Formal Administrative Hearing.

(1) Within twenty (20) days, a party aggrieved by the order in an informal hearing may in writing request a formal administrative hearing.

(2) A request for an administrative hearing shall state the reason or reasons the aggrieved party believes the cabinet's action was erroneous.

(3) A request for an administrative hearing shall be submitted to the Transportation Cabinet Building, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622.

Section 11. Incorporation by Reference.

(1) "Probation Request", TC form 94-15, July 2013, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Division of Driver Licensing, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS Chapter 13B, 177.300, 177.330, 186.450(4), (5), (6), 186.480, 186.570, 186.572, 186.620(1), 189.224, 189.285, 189.300, 189.340, 189.350, 189.380, 189.390, 189.420, 189.440, 189.470, 189.990(5)
STATUTORY AUTHORITY: KRS 186.400(1), 186.570(1)(d), 189.292, 189.294
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations for the enforcement of motor vehicle laws and driver licensing. KRS 189.292 and 189.294 authorize the cabinet to promulgate administrative regulations related to the use of a personal communication device while operating a moving motor vehicle. KRS 186.570(1)(d) authorizes the cabinet to deny or suspend an operator's license if a person is a habitually reckless or negligent driver or has committed a serious violation of the motor vehicle laws. This administrative regulation establishes an equitable driver license point system for a driver who violates a traffic law. This administrative regulation also establishes those offenses for which a license shall be suspended rather than points accumulated.
History: 601 KAR 013:025. 16 Ky.R. 2807; eff. 8-9-1990; 23 Ky.R. 2261; 2982; eff. 2-10-1997; 40 Ky.R. 436; 804; eff. 11-1-2013; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 13:031 Approved alcohol or substance abuse education or treatment program {#sec-601-kar-13-031 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:031}

Section 1. For the purpose of KRS 186.560(5) the Transportation Cabinet approves all education and treatment programs licensed by the Human Resources Cabinet pursuant to KRS 189A.040.

History

RELATES TO: KRS 186.560, 186A.040
STATUTORY AUTHORITY: KRS 186.400, 186.560(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.560(5) allows a person convicted the first time of driving a vehicle which is not a motor vehicle under the influence or any substance which may impair driving ability or fraudulently using a drivers license for identification to have his driving privilege revocation period eliminated by successfully completing a Transportation Cabinet approved alcohol or substance education or treatment program. This administrative regulation identifies the approved programs.
History: 601 KAR 013:031. 20 Ky.R. 885; eff. 11-16-1993; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 13:040 Motor vehicle accident prevention course {#sec-601-kar-13-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:040}

Section 1. Definition. "Course" or "motor vehicle accident prevention course" means a course, approved by the Transportation Cabinet pursuant to KRS 304.13-063, that shall be open to any licensed driver of this state who is fifty-five (55) years of age or older for the purpose of qualifying for an insurance premium reduction.

Section 2. No person shall offer, conduct or engage in the business of offering or conducting a motor vehicle accident prevention course pursuant to KRS 304.13-063 without obtaining the prior approval of the Transportation Cabinet pursuant to the provisions of this administrative regulation. A person shall file an application for approval of a course with the Transportation Cabinet; and the application shall be on the form furnished by the Transportation Cabinet and shall contain the information required by the Transportation Cabinet. Said application forms can be obtained from the Transportation Cabinet, Division of Driver Licensing, State Office Building, 2nd Floor, Frankfort, Kentucky 40622.

Section 3. The completed application shall be accompanied by the following:

(1) A copy of the proposed motor vehicle prevention course materials, curriculum, and promotional documents;

(2) The name, address, and Social Security number of each instructor who shall conduct the course; and

(3) A copy of the manual and course materials for the instructor's preparation course.

Section 4. In the event the course application is approved, the course approval shall be valid for not more than a two (2) year period. Any person who has obtained approval for a course shall comply with the following requirements:

(1) Apply to the Transportation Cabinet for approval if there are any proposed additions or deletions to a previously approved course or its curriculum;

(2) Perform all necessary administrative functions in connection with the course;

(3) Obtain approval from the Transportation Cabinet of the form of the certificate which shall be issued upon course completion as specified in subsection (4) of this section;

(4) Provide each participant satisfactorily completing the course with an approved certificate of course completion;

(5) Maintain records which indicate the name, address, Social Security number and date of course of those individuals who have completed the course within the previous three (3) years;

(6) Provide and train instructors to conduct courses;

(7) Conduct the course in accordance with the description and curriculum approved by the Transportation Cabinet;

(8) Provide the Transportation Cabinet with a schedule of class dates, times, and locations; and

(9) Authorize and permit the Transportation Cabinet to audit the records of the approved course and to monitor and evaluate any and all portions of the course including but not limited to the classroom facility, field driving, the use of the instructional materials, the qualifications of instructors and the actual presentation of the course.

Section 5. No course shall be approved unless the course shall have a minimum of four (4) hours of classroom or field driving instruction; and the curriculum of the course shall at least include but shall not be limited to the following subject matters:

(1) Concept of accident preventability including a discussion of the magnitude of traffic accident problems;

(2) Techniques for defensive driving and handling critical situations, including but not limited to:

(a) Interpreting events that require evasive action;

(b) Determining the appropriate response to situations caused by mechanical failure of the motor vehicle;

(c) Determining risk factors created by a variety of psychological, social, and physical factors that can facilitate or inhibit the functions required in driving, including but not limited to:

The effects and compensatory measures concerning the relationships between alcohol, drugs, or medication and driving performances;
The negative stresses and compensatory measures associated with physical, mental, and social conditions as they relate to driver performances; and
The age-related physical changes of drivers fifty-five (55) years of age and older.

(3) Kentucky traffic laws and regulations, vehicle dynamics, capabilities, limitations, and highway environmental factors including but not limited to:

(a) Traffic laws and regulations, such as signs, signals, markings, right-of-way requirements, and speed;

(b) Vehicle capabilities, such as stopping distances and passing abilities; and

(c) Highway settings, operating environments and adverse conditions, including but not limited to conditions affected by illumination, obstructions, or the weather, such as snow, ice, or rain.

Section 6. The certified agency may charge a reasonable fee for the course. The Transportation Cabinet may require an audit by an independent firm of the fees collected and expenditure of those fees.

Section 7. Upon written notice the Transportation Cabinet may rescind and cancel the certification of approval of any agency conducting the course prior to the two (2) year time period established by Section 4 of this administrative regulation for good cause, including but not limited to any of the following reasons:

(1) Deletions or additions have been made to the curriculum which have not been specifically approved by the Transportation Cabinet;

(2) The person or any instructor has failed to comply with any of the provisions of this regulation.

History

RELATES TO: KRS 304.13-063
STATUTORY AUTHORITY: KRS 304.13-063(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 304.13-063(1) requires that standards for a "motor vehicle accident prevention course" be set by the Transportation Cabinet, and furthermore, requires that such course include a minimum number of hours of either classroom and/or field driving instruction. This administrative regulation is necessary to set standards for the motor vehicle accident prevention course.
History: 601 KAR 013:040. 11 Ky.R. 335; eff. 9-11-1984; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 13:070 Requirements for minor driver licensing applicant and compliance with KRS 159.051 {#sec-601-kar-13-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:070}

Section 1. Definitions. "Minor" means a person under the age of eighteen (18) years.

Section 2. Minor's Application for Driving Privilege. A minor who is applying for a Kentucky original learner's permit or a transfer operator's license shall submit to the circuit court clerk:

(1) A "Driver License-ID Card Application Form TC 94-30";

(2) One (1) of the following:

(a) Proof of graduation from high school;

(b) Proof of having received a General Equivalency Diploma; or

(c) A completed "School Compliance Verification: KRS 159.051" obtained from the student's school district of residence and executed within the preceding sixty (60) days; and

(3) All other information required by KRS 186.412 to obtain a driver's license.

Section 3. Notification of Noncompliance with KRS 159.051.

(1)

(a) In accordance with the requirements of KRS 159.051(2), a participating school shall submit a notification in electronic form to the Transportation Cabinet through the No Pass No Drive electronic system to report that a minor is not in compliance with KRS 159.051.

(b) Registration information for the No Pass No Drive electronic system may be obtained from:

The Transportation Cabinet, Division of Driver Licensing, 200 Mero Street, Frankfort, Kentucky 40622; or
The Department of Education, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40622.

(2)

(a) If electronic form is unavailable, the notification may be submitted in written form to the Transportation Cabinet, Division of Driver Licensing, 200 Mero Street, Second Floor, Frankfort, Kentucky 40622.

(b) The notification shall contain the following information:

Minor's full name;
Last four (4) digits of minor's Social Security number or driver's license number;
Name and address of the school;
Designated school representative's superintendent's name and title;
Statement that the minor is not in compliance with KRS 159.051; and
Date of execution notification may be sent.

Section 4. Application After Compliance with KRS 159.051.

(1)

(a) In accordance with the requirements of KRS 159.051(4), if a minor becomes eligible to reapply for driving privilege after one (1) full semester of compliance with KRS 159.051, the school shall submit a compliance notice in electronic form to the Transportation Cabinet through the No Pass No Drive electronic system.

(b) Registration information for the No Pass No Drive electronic system may be obtained from:

The Transportation Cabinet, Division of Driver Licensing, 200 Mero Street, Frankfort, Kentucky 40622; or
The Department of Education, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40622.

(2)

(a) If electronic form in unavailable, the compliance notification may be submitted in written form to the Transportation Cabinet, Division of Driver Licensing, 200 Mero Street, Second Floor, Frankfort, Kentucky 40622.

(b) The compliance notice shall contain the following information:

Minor's full name;
Last four (4) digits of minor's Social Security number or driver's license number;
Name and address of the school;
Designated school representative's name and title;
Statement that the minor is in compliance with KRS 159.051;
Date of execution.

Section 5. Incorporation by Reference.

(1) "Driver License-ID Card Application Form TC 94-30", September 2008, Kentucky Transportation Cabinet, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, or obtained at the Transportation Cabinet, Division of Driver Licensing, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 159.030,159.040, 159.051, 159.160, 186.412, 186.440, 186.450, 186.470, 186.560
STATUTORY AUTHORITY: KRS 186.400(1), 186.412, 186.440(3), 185.560(7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations for the enforcement of KRS 186.400 to 186.640. KRS 186.560(7) requires the cabinet to revoke the license of any operator of a motor vehicle upon receiving notification that the operator is under age eighteen (18) and has dropped out of school or is academically deficient, as defined by KRS 159.051. KRS 186.440(3) requires persons under the age of eighteen (18) to present proof of complying with the requirements for obtaining a driver's license and authorizes the cabinet to require any other information by administrative regulation. This administrative regulation establishes requirements for a minor driver licensing applicant and compliance with KRS 159.051.
History: 601 KAR 013:070. 17 Ky.R. 1649; 1991; eff. 12-4-1990; 23 Ky.R. 2264; 3347; eff. 3-4-1997; 34 Ky.R. 860; 1758; 35 Ky.R. 818; eff. 11-7-2008; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

601 KAR 13:090 Medical Review Board; basis for examination, evaluation, tests {#sec-601-kar-13-090 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:090}

Section 1. Medical Review Board Generally.

(1) The Medical Review Board shall be chaired by the Commissioner of the Department of Vehicle Regulation of the Transportation Cabinet or the commissioner's designee.

(2) The Medical Review Board shall be comprised of any number of physicians licensed to practice medicine in the Commonwealth of Kentucky, as established in KRS 186.444(2), and any number of licensed medical specialists and rehabilitation specialists, as established in KRS 186.570(1)(c) and 601 KAR 13:100.

(3) A quorum of the Medical Review Board shall be at least three (3) physicians licensed to practice medicine in the Commonwealth of Kentucky.

(4) Appointees to the Medical Review Board who are not physicians licensed pursuant to KRS Chapter 311 shall not count towards the quorum and may have their appointment restricted based on their specified area of expertise.

(5) The Commissioner of the Department of Vehicle Regulation or the commissioner's designee shall prescribe the time and place for the board to meet.

(6) The non-state government members of the board who participate in a meeting shall be paid $200 each day or part of a day and reimbursed for necessary expenses incurred in attending the meeting.

Section 2. Initiation of a Medical Review Board Case and Agency Actions in Response to Medical Conditions.

(1)

(a) A Medical Review Board case that requires investigation into a person's medical condition before the commissioner takes licensing action shall be initiated when the commissioner receives notice that one (1) or more of the following conditions exists in a person and the commissioner or the commissioner's designee determines that the person's physical or mental condition could render it unsafe for the person to operate a motor vehicle upon the public highways:

Driver has been named in a notarized Medical Review Affidavit Form TC 94-182 by at least two (2) citizens as being incapable of properly operating a motor vehicle due to physical or mental condition;
Driver has been reported by a physician, licensed medical specialist as defined in 601 KAR 13:100, or rehabilitation specialist as being incapable of driving safely due to physical or mental condition or due to medication prescribed for an extended time;
Driver has been reported by a law enforcement officer or a Kentucky State Police license examiner who has reason to believe or who has observed an individual driving or behaving in an erratic or dangerous manner that indicates a possibility of a physical or mental condition that could impair driving ability;
Applicant for a motor vehicle operator's license or for license renewal indicates on the application form that the applicant has a physical or mental condition that could impair driving ability;
Driver's official record kept by the Department of Vehicle Regulation indicates a possibility of physical or mental condition that could impair driving ability;
Driver has been reported by a commonwealth attorney, county attorney, county clerk, circuit clerk, sheriff, or judge as being incapable of driving due to a physical or mental condition;
Driver has reported to the Transportation Cabinet or Medical Review Board that he or she has a mental or physical condition that could impair driving ability; or
Driver has been reported by a government agency as being incapable of driving safely due to a physical or mental condition.

(b) A Medical Review Board case that requires investigation into a person's medical condition and shall result in the automatic suspension of a person's driving privileges shall be initiated when the commissioner receives notice that one (1) or more of the following conditions exists in a person:

Driver has indicated that he or she "blacked out," lost consciousness, or suffered a seizure prior to a reportable motor vehicle accident as established in KRS 186.411; or
Driver has, by judicial decree, been adjudged incompetent as established in KRS 186.440(6).

(2)

(a) If the commissioner or the commissioner's designee decides pursuant to this administrative regulation and 601 KAR 13:100 to take action regarding a person's driver license, the commissioner shall provide written notice to the person of the decision to take licensing action.

(b) Notice to the person of the commissioner's decision to take licensing action shall also inform the person that the licensing action shall take place unless the person submits to and completes an examination in satisfaction of the medical standards established in 601 KAR 13:100, Sections 4 through 11, by a physician licensed to practice medicine pursuant to KRS Chapter 311 or, if a vision examination is requested, a "vision specialist" as defined by 601 KAR 13:100 within thirty (30) days of the date of the notice. The required medical examinations and diagnostic testing shall be conducted at the person's own expense by a physician licensed to practice medicine pursuant to KRS Chapter 311 or, if a vision examination is requested, a "vision specialist" as defined by 601 KAR 13:100 of the person's choice.

(c) If the commissioner needs more information regarding a person's medical condition be- fore making a decision about licensing actions, the commissioner shall require that a person submit to and complete one (1) or more additional examinations by a qualified physician. The required medical examinations shall be conducted at the person's own expense by a licensed physician of the person's choice.

(3)

(a) Within thirty (30) days of the date that the commissioner provided written notice to the person pursuant to subsection (2)(b) of this section, the examining physician shall report and submit the results of the person's required medical examination directly to the Division of Driver Licensing on a form provided by the Department of Vehicle Regulation.

(b) The commissioner may, pursuant to this administrative regulation, authorize the suspension of the person's driving privilege if the examining physician fails to submit the completed results of the required medical examination on the required form to the Medical Review Office within thirty (30) days of the date of the commissioner's notice.

(c) The Medical Review Affidavit Form TC 94-182, the Medical Review Examination Form TC 94-183, the Medical Review Vision Examination Form TC 94-185, and the Medical Review Psychiatric Examination Form TC 94-184 shall be used by examining physicians to submit the results of the required medical examination or examinations.

(4)

(a) As soon as practicable after receipt of the completed form, the Department of Vehicle Regulation with the advice and instruction of the Medical Review Board shall evaluate the completed form according to the medical standards established in 601 KAR 13:100.

(b) The Department of Vehicle Regulation shall submit a case in which medical or rehabilitation expertise is needed to evaluate the driving ability of a person to the Medical Review Board.

(c) The Medical Review Board may make recommendations to the Department of Vehicle Regulation for further medical examination, testing, or restriction of the person's driving privilege, or denial of driving privilege.

(d) Based on this administrative regulation and 601 KAR 13:100, if the Medical Review Board recommends further examination or investigative testing or if the Department of Vehicle Regulation determines it to be necessary, the Commissioner of the Department of Vehicle Regulation or the commissioner's designee shall notify the person of the date by which the person shall comply.

Section 3. Notice and Hearing.

(1) If the Medical Review Board or Department of Vehicle Regulation, pursuant to this administrative regulation and 601 KAR 13:100, recommends total suspension of a person's driving privilege or any limitations thereon, the Commissioner of the Department of Vehicle Regulation or the commissioner's designee shall notify the petitioner at the last known address of the petitioner that this action shall be taken unless a written request for an informal hearing before the board is received from the petitioner within twenty (20) days following the first class mailing of the notice. The petitioner shall also be informed of his or her right to:

(a) An informal hearing before the board; and

(b) If necessary, an appeal to the board for a formal administrative hearing pursuant to KRS Chapter 13B.

(2) An informal hearing shall be scheduled as early as practicable at a time and place designated by the commissioner or the commissioner's designee. Notice of the time and place of the in- formal hearing shall be mailed to the petitioner no later than ten (10) days prior to the hearing date.

(3)

(a) If the petitioner fails to appear at the informal hearing, the driving privilege of that petitioner shall be automatically suspended.

(b) The petitioner may request one (1) rescheduling of the informal hearing and the request shall be submitted to the Medical Review Office in writing no later than five (5) days prior to the hearing date.

The commissioner, following the recommendation of the Medical Review Office, shall grant or deny the request to reschedule or suspend the driving privilege of the petitioner.
The Medical Review Office shall notify the petitioner of the decision.

(4) The commissioner or the commissioner's designee shall preside at the hearing before the Medical Review Board, and at least three (3) physician members shall be present.

(5) The presiding officer shall be appointed by the commissioner and may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant records.

(6) The scope of the hearing shall be limited to the presentation of the evidence upon which the Medical Review Board shall make a recommendation to the commissioner and any medical evidence the petitioner wishes to present in explanation of this evidence.

(7) Evidence may be presented at the hearing in the form of depositions.

(8) All testimony at the hearing shall be recorded, and the complete record shall be comprised of any exhibits introduced at the informal hearing, any depositions, and other documents placed in the petitioner's medical review chart by the Medical Review Office.

(9) Within ten (10) working days after the hearing, the commissioner shall issue a decision that shall be forwarded to the petitioner along with the notice required pursuant to subsection (10) of this section.

(10) The petitioner shall be informed of his or her right to a formal administrative hearing pursuant to the provisions of KRS Chapter 13B.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Medical Review Affidavit Form TC 94-182", revised March 2019;

(b) "Medical Review Examination Form TC 94-183," revised March 2019;

(d) "Medical Review Vision Examination Form TC 94-185," revised March 2019.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, Medical Review Office, 200 Mero Street, Second Floor, Frankfort, Kentucky 40622 between 8:00 a.m. and 4:30 p.m. Monday through Friday.

History

RELATES TO: KRS 186.411, 186.440(6), 186.444, 186.570, Chapter 311
STATUTORY AUTHORITY: KRS 186.400, 186.444, 186.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.444 and 186.570 require the Transportation Cabinet to promulgate administrative regulations establishing the Medical Review Board. This administrative regulation establishes the board, the procedures used by the board and the department in a medical review case, the process for informal hearings and appeals to formal administrative hearings, and the forms incorporated by the department.
History: 23 Ky.R. 219; Am. 1593; eff. 10-1-1996; 46 Ky.R. 241, 1260, 1418; eff. 1-3-2020.

601 KAR 13:100 Medical standards for operators of motor vehicles {#sec-601-kar-13-100 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:100}

Section 1. Definitions.

(1) "Altered consciousness" means a state of awareness characterized by loss or distortion of the impressions made by the senses or the inability to respond to the impressions made by the senses.

(2) "Assessment" means an evaluation of a person's substance abuse performed by a certified chemical dependency counselor, a certified driving under the influence (DUI) assessor, or other mental health professional in a licensed treatment facility.

(3) "Best corrected" means the corrected distance visual acuity of an individual through the use of traditional prescription lenses or contacts.

(4) "Chemical" means alcohol, drug, or controlled substance as established in KRS Chapter 218A.

(5) "Cognition" means the ability to think, perceive, and remember.

(6) "Comorbid" means that more than one (1) condition is present at the same time.

(7) "Corrective lens" means an ophthalmic lens, whether an eyeglass, contact lens, or single lens system, that corrects the refraction error or other optically correctable deficiency of the eye.

(8) "Driving evaluation" means a test conducted to determine if a person adequately compensates for a medical, mental, or physical condition or functional impairment.

(9) "Episode" means any incident or segment of time involving "altered consciousness" or "loss of bodily control."

(10) "Field of vision" means the entire horizontal and vertical planes a person has for each eye without shifting the gaze.

(11) "Functional ability" means the degree of cognitive, mental or emotional, sensorimotor, and sensory capability in performing activities of daily living, including safely per forming the tasks of driving.

(12) "Licensed medical specialist" means anyone who is licensed in the Commonwealth of Kentucky to make a medical report, make medical recommendations, or identify risk factors or other conditions within the specialist's scope of medical practice regarding an individual's physical or mental condition.

(13) "Licensing action" means any action by the Transportation Cabinet involving the denial, cancellation, restriction, or issuance of a motor vehicle operator's license pursuant to KRS Chapter 186.

(14) "Loss of bodily control" means involuntary movements of the body characterized by muscle spasms or muscle rigidity, or loss of muscle tone or muscle movement.

(15) "Loss of muscle tone" means the loss of nerve impulses in muscle as distinguished from poor conditioning.

(16) "Medical condition" means any physical, mental, or emotional condition that affects a person's health for which a person is receiving medical or substance abuse treatment, or for which medical or substance abuse treatment is usually prescribed.

(17) "Mental or emotional function" means interaction and communication skills, adaptive behavior or coping capacity, and orientation.

(18) "Overall condition" means the presence or absence of comorbid conditions or disorders affecting a person's health and information considered by the Medical Review Board or department pursuant to Section 3 of this administrative regulation.

(19) "Review board" means the Medical Review Board established pursuant to KRS 186.444 and 186.570(1)(c).

(20) "Sensory function" means vision, hearing, touch, smell, or vibration sense.

(21) "Vision specialist" means a person licensed to practice optometry as established in KRS Chapter 320, or a physician licensed pursuant to KRS Chapter 311.

Section 2. General Requirements.

(1) If the Department of Vehicle Regulation learns that a person applying for, renewing, or holding a motor vehicle operator's license could have a medical condition that might affect safe driving, the department may, pursuant to 601 KAR 13:090 and this administrative regulation, require the person to provide the department with medical information about the person's medical condition. The department shall review the medical information as established in this administrative regulation.

(2) A person holding a Kentucky operator's license or instruction permit shall report to the department medical conditions that adversely affect his or her driving skills.

Section 3. Information to be Considered in Licensing Actions. A person shall be ineligible to apply for, renew, or hold a motor vehicle operator's license if that person does not comply with the standards established in Sections 4 through 11 of this administrative regulation. Pursuant to 601 KAR 13:090, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider:

(1) Any medical condition affecting the person, including:

(a) History of illness;

(b) Severity of symptoms and prognosis;

(d) Treatment and medications, including effects and side effects, and the person's knowledge and use of medications;

(e) Results of medical tests and reports of laboratory findings;

(f) Medical reports of licensed physicians and licensed medical specialists and rehabilitation specialists;

(g) Recommendations of licensed physicians and licensed medical specialists and rehabilitation specialists with regard to functional impairment;

(h) Identification of risk factors as identified by licensed physicians and licensed medical specialists and rehabilitation specialists; and

(i) "Overall condition" as defined by Section 1.

(2) Reports of driver condition or behavior;

(3) The results of any driving evaluation of the person;

(4) Substance abuse assessment reports from a licensed treatment facility, certified chemical dependency counselor, or certified driving under the influence (DUI) assessor;

(5) Traffic accidents with a police report or citation that could have been caused in whole or in part by a medical condition;

(6) A person's failure to provide requested information to the department; or

(7) A report from a licensed physician, including vision specialists, or other licensed medical specialists and rehabilitation specialists, including rehabilitation specialists, advanced practice registered nurses, physician assistants, psychologists, physical therapists, occupational therapists, chiropractors, or social workers.

Section 4. Conditions Affecting Cardiovascular Function.

(1) With respect to conditions affecting cardiovascular function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Cardiac dysfunction;

(b) Arrhythmias; and

(2) The department or the Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require a person to provide information on the person's cardiovascular functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cardiovascular function of this subsection, and a person who applies for, renews, or holds a motor vehicle operator's license shall meet all of the cardiovascular function criteria established in paragraphs (a) through (g) of this subsection.

(a) There shall not be current symptoms of coronary artery disease, such as unstable angina, dyspnea, or pain at rest, which interfere with safe driving.

(b) There shall not be a cause of cardiac syncope present, including ventricular tachycardia or fibrillation, which is not successfully controlled.

(d) There shall not be cardiac rhythm disturbances if not successfully controlled.

(e) There shall not be an automatic implantable cardioverter defibrillator, unless the device is assessed by an electrophysiologist as not interfering with safe driving.

(f) There shall not be medications interfering with safe driving.

(g) There shall not be valvular heart disease or malfunction of prosthetic valves that interferes with safe driving.

Section 5. Conditions Affecting Cerebrovascular Function.

(1) With respect to conditions affecting cerebrovascular function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Cerebrovascular accident; and

(b) Other cerebrovascular disorder or dysfunction.

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on a person's central nervous system functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting cerebrovascular functions of this subsection, and a person who applies for, renews, or holds a motor vehicle operator's license shall meet all of the cerebrovascular function criteria established in paragraphs (a) through (c) of this subsection,

(a) There shall not be a sensori-motor deficit preventing safe driving.

(b) There shall not be impairment of reasoning or judgment preventing safe operation of a vehicle.

Section 6. Conditions Affecting Endocrine Function.

(1) With respect to conditions affecting endocrine function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Diabetes mellitus; and

(b) Other endocrine disorder or dysfunction.

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on a person's endocrine functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting endocrine functions of this subsection, and a person who applies for, renews, or holds a motor vehicle operator's license shall meet all of the endocrine function criteria established in paragraphs (a) through (c) of this subsection.

(a) There shall not be diabetic neuropathy, retinopathy, or other complication that interferes with safe driving.

(b) There shall not be frequent and functionally impaired hypoglycemic reactions.

(c) There shall not be evidence of use of alcohol or other drugs to an extent that interfere with the person's prescribed treatment program for the condition.

Section 7. Conditions Affecting Musculoskeletal Function.

(1) With respect to conditions affecting musculoskeletal function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Rheumatoid arthritis;

(b) Paralysis; and

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on a person's musculoskeletal functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the applicable medical review standards for conditions affecting musculoskeletal function of this subsection, and a person who applies for, renews, or holds a motor vehicle operator's license shall meet of the musculoskeletal function criteria established in paragraphs (a) through (c) of this subsection.

(a) Pain shall not interfere with the person's ability to safely operate a motor vehicle.

(b) The person's operation of a vehicle in a driving evaluation demonstrates adequate compensation for any weakness or limitations in range of motion or mobility.

Section 8. Conditions Affecting Neurological or Neuromuscular Function.

(1) With respect to conditions affecting neurological or neuromuscular function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Central nervous system diseases or disorders;

(b) Demyelinating diseases;

(d) Seizure disorders.

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on neurological or neuromuscular functional abilities, instances of altered consciousness or loss of bodily control, or disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting neurological or neuromuscular function of this subsection, and a person who applies for, renews, or holds for motor vehicle operator's license shall meet all of the neurological and neuromuscular function criteria established in paragraphs (a) through (e) of this subsection.

(a) There shall not have been a seizure episode as established in KRS 186.411.

(b) The person adequately compensates for any paralysis or sensory deficit while operating a vehicle.

(d) There shall not be effects of or side effects of medication that interferes with safe driving.

(e) There shall not be a decline in cognition to an extent that interferes with safe driving.

(f) The person shall satisfy the vision and sensory function standards established in Section 11 of this administrative regulation.

Section 9. Conditions Affecting Psychosocial, Mental, or Emotional Function.

(1) With respect to conditions affecting psychosocial, mental, or emotional function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Substance and alcohol abuse; and

(b) Other mental or emotional disorder or dysfunction.

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on mental or emotional functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting mental and emotional function of this subsection, and a person who applies for, renews, or holds any classification of operator's license shall meet all of the psychosocial, mental, and emotional function criteria established in paragraphs (a) through (g) of this subsection.

(a) There shall not be dementia that is unresponsive to treatment or that interferes with safe driving.

(b) There shall not be a behavior disorder with threatening or assaultive behavior that interferes with safe driving.

(d) There shall not be a suicidal tendency.

(e) There shall not be an impairment of judgment that interferes with safe driving.

(f) There shall not be an active psychosis that interferes with safe driving.

(g) There shall not be effects or side effects of medication that interferes with safe driving.

Section 10. Conditions Affecting Respiratory Function.

(1) With respect to conditions affecting respiratory function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider disorders, including:

(a) Chronic obstructive pulmonary diseases; and

(b) Any other respiratory disorder or dysfunction.

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on respiratory functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting respiratory function of the subsection, and a person who applied for, renews, or holds a motor vehicle operator's license shall meet all of the respiratory function criteria established in paragraphs (a) and (b) of this subsection.

(a) The person does not require medication that interferes with safe driving.

(b) There shall not be dyspnea that interferes with safe driving.

Section 11. Conditions Affecting Vision and Sensory Function.

(1) With respect to conditions affecting vision and sensory function, the Medical Review Board, if making recommendations, and the department, if taking licensing action, may consider conditions, including:

(a) Vision loss; and

(b) Any other ocular or sensory disorder or dysfunction.

(2) The department or Medical Review Board may, pursuant to this administrative regulation and 601 KAR 13:090, require information on ocular and sensory functional abilities and disorders.

(3) A motor vehicle operator's license shall not be issued to, renewed by, or held by a person who does not meet the medical review standards for conditions affecting vision and sensory functions of this subsection, and a person who applies for, renews, or holds any classification of operator's license shall meet all of the criteria established in paragraphs (a) and (b) of this subsection for visual acuity and visual fields.

(a) Visual Acuity. Persons with visual acuity of 20/60, best corrected, or better and visual fields in compliance with subparagraph (b) of this subsection shall be eligible for an operator's license.

Persons with visual acuity 20/40 or better without corrective lenses shall not have a restriction mandating the use of corrective lenses added to that person's driving privilege.
Persons with visual acuity of 20/40 or better with corrective lenses shall have a restriction mandating the use of corrective lenses added to that person's driving privilege.
Persons with visual acuity of 20/41, best corrected, in at least one (1) eye with a single lens system, but no worse than 20/60, best corrected, in at least one (1) eye with a single lens system, shall have a restriction pursuant to Section 12 of this administrative regulation added to that person's driving privilege.
Persons with visual acuity of 20/61 or worse, best corrected, in at least one (1) eye with a single lens system shall not be eligible to test for an operator's license pursuant to KRS 186.577 and a motor vehicle operator's license shall not be issued to, renewed by, or held by a person with visual acuity of 20/61 or worse, best corrected.

(b) Visual Fields. Persons with a horizontal field of vision in the person's better eye of at least thirty-five (35) degrees to the left and right side of fixation and a vertical field of vision in the person's better eye of at least twenty-five (25) degrees above and below fixation shall be eligible for an operator's license.

Visual fields tests required by the department shall be administered by way of a 120-point screening test on an automatic visual fields device.
Visual fields test results with over one-third of false positive, false negative, or fixation losses shall be considered unreliable and non-responsive to the department's visual fields test requirement.

(4) A person who does not meet both the visual acuity and the visual fields requirements established in subsection (3) of this section shall not be eligible for a motor vehicle operator's license.

Section 12. License Restrictions.

(1) The department may restrict a person's operating privilege based on:

(a) A recommendation of a licensed physician or vision specialist;

(b) The results of a driving examination or evaluation performed by the Kentucky State Police or a rehabilitation specialist or facility; or

(2) License restrictions may require a person to:

(a) Wear corrective lenses;

(b) Use special equipment or specially equipped vehicles;

(d) Not operate a vehicle in inclement weather causing decreased visibility;

(e) Restrict the driving area;

(f) Restrict the maximum speed limit; or

(g) Restrict the motor vehicle operating privilege in any other manner which the department deems necessary for safety purposes.

History

RELATES TO: KRS 186.411, 186.440, 186.444, 186.570, 186.577, Chapter 218A, Chapter 311, Chapter 320
STATUTORY AUTHORITY: KRS 186.444, 186.570
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.570 requires the Transportation Cabinet to withhold driving privileges from an individual who has a mental or physical condition that makes it unsafe to drive upon the highways. KRS 186.411 requires that a person with a seizure condition be seizure-free for ninety (90) days prior to licensing. This administrative regulation establishes the standards to be used by the Transportation Cabinet and Medical Review Board in determining who is unsafe to operate a motor vehicle because of a mental or physical condition.
History: 23 Ky.R. 221; Am. 1399; 1594; eff. 10-1-1996; 46 Ky.R. 244, 1263, 1420; eff. 1-3-2020.

601 KAR 13:110 Driver education programs {#sec-601-kar-13-110 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:110}

Section 1. State Traffic School.

(1) The Transportation Cabinet shall establish a separate curriculum and class for the new driver state traffic school, or graduated driver licensing education, and the traffic offender state traffic school.

(2) The Transportation Cabinet shall select instructors and secure classroom locations for the state traffic schools established in KRS 186.574(1).

(3) The Transportation Cabinet shall conduct at least two (2) new driver state traffic schools in each Kentucky county during each calendar year.

(4) A person eligible for new driver state traffic school may:

(a) Attend class in a classroom setting free of charge as established in KRS 186.410(4)(c); or

(b) Attend class by accessing a cabinet-approved traffic school Web site.

(5) The traffic school Web site shall be offered by a vendor selected by the cabinet pursuant to the competitive bidding process established in KRS 45A.365.

(6) A vendor shall charge a convenience fee for the use of the vendor's on-line driver education course.

Section 2. High School Driver Education Course. If a high school in Kentucky offers a driver education course for credit to its students, the school shall notify the Transportation Cabinet of a student who receives credit for successfully completing the course. The notice shall contain the following information:

(1) Student's name;

(2) Student's Social Security or operator's license number;

(3) School district;

(4) Name of high school;

(5) Copy of the certification of course completion and credit given;

(6) Date of course completion; and

(7) Name and telephone number of person at school to contact.

Section 3. Licensed Driver Training Schools.

(1) A driver training school licensed pursuant to KRS 332.204 shall apply to the Transportation Cabinet for approval to conduct a driver training program if the driver training school:

(a) Has been licensed for the prior two (2) calendar years;

(b) Is operated by a person with a driver education teaching certification from the Kentucky Department of Education who has taught driver education pursuant to that endorsement for a minimum of two (2) years;

(c) Is operated by a person who has taught driver education at a school approved as established in KRS 332.204 for a minimum of five (5) years;

(d) Has at least twenty (20) office hours each week routinely staffed by a person familiar with the school's curriculum and requirements; or

(e) Uses a curriculum that meets the requirements of Section 4(6) of this administrative regulation.

(2) The applicant shall submit the following to the Transportation Cabinet, Division of Driver Licensing:

(a) A detailed copy of the curriculum used, including a copy of handouts and audio or video material;

(b) The resume of each instructor proposed to teach the course;

(d) A copy of the certificate issued pursuant to KRS 332.206; and

(e) A fee of $300 as established in KRS 332.204(2) to pay for the initial evaluation of the application.

Section 4. Class Requirements.

(1) A class offered pursuant to KRS 186.410(4)(b) or (c) in a classroom setting shall be limited to a maximum of fifty (50) students.

(2) A class shall contain a minimum of four (4) hours of highway safety training that shall include an administrative activity related to the class.

(3)

(a) A Transportation Cabinet approved preclass and postclass test shall be administered to students and the results tabulated for each class taught.

(b) The results and the attendance roster shall be submitted to the Transportation Cabinet, Division of Driver Licensing.

(4) The school shall notify the Transportation Cabinet of a student who successfully completes the course. The notice shall contain the following information:

(a) Student's name;

(b) Student's Social Security or operator's license number;

(d) Date of course completion;

(e) Course instructor; and

(f) The name and telephone number of a person at school to contact.

(5) The curriculum taught to each class shall consist of the following:

(a) A section on the dangers of alcohol and drugs that shall last for a minimum of forty-five (45) minutes and include:

Information about Kentucky's "Under 21" license and implied consent law;
Types of substances that impair driving ability;
Blood alcohol content and the presumptive levels established in KRS 189A.010(2);
Legal, monetary, and social sanctions or penalties for the conviction of a violation of KRS 189A.010(1);
Restricted criteria for obtaining a hardship license as established in KRS 189A.410;
Psychological and physiological effects of alcohol consumption;
The penalties in foreign countries for operating a motor vehicle under the influence of alcohol; and
National and state statistics related to alcohol or drug use while operating a motor vehicle;

(b) A section on defensive and perceptive driving that shall last for a minimum of forty-five (45) minutes and include:

Traits of safe drivers;
Mental skills needed for safe driving;
The "Scan Identify Predict Decide Execute" (SIPDE) approach to perceptive driving;
Driving emergencies including:

a. Brake or tire failure;

b. Skidding;

c. Stuck accelerator; and

d. Running off the roadway;

Information on crash-producing locations or situations; and
Information on seatbelt usage that shall last a minimum of thirty (30) minutes and include:

a. Kentucky's seatbelt law;

b. Kentucky's child restraint law;

c. Information on vehicle airbags; and

d. The number of fatalities and injuries in crashes from not wearing seatbelts;

Information on the physical, social, and mental skills required by driving;
Personality changes that occur while driving;
How driving behaviors and reaction are related to attitude;
Need for and importance of self-control while driving; and
National, state, and local statistics on vehicle crashes; and

(d) A presentation for a minimum of thirty (30) minutes on the rules of the road that shall include:

The purpose and significance of the Graduated Driver Licensing Program;
The role of the Division of Driver Licensing in maintaining driving records;
The content of driving records available to insurance companies;
Recognition of the need for and purpose of traffic laws;
The most commonly violated traffic laws;
Speeding as a major contributing factor in vehicle crashes; and
Sanctions or penalties assessed for violating traffic laws.

Section 5. Instructor Requirements.

(1) An instructor employed to teach the driver education class shall:

(a) Be at least twenty-one (21) years of age;

(b) Have a four (4) year college degree. Experience as a professional driver education instructor may substitute year for year for the college education;

(d) Not have been convicted of a violation of KRS 189A.010 or its equivalent from another jurisdiction;

(e) Not have been convicted or administratively found guilty of refusing to submit to a test to determine blood alcohol content or drugs in system;

(f) Have fewer than six (6) penalty points as established in 601 KAR 13:025 on his or her driving history record;

(g) Not have had his or her driving privilege withdrawn in the past five (5) years; and

(h) Have good communication skills as demonstrated during an interview.

(2) The approved school shall review the driving history record of an instructor annually.

Section 6. Evaluations.

(1) The Transportation Cabinet shall perform a random or routine performance audit of an approved school or its instructor.

(2) A school shall be notified in writing of a deficiency discovered in an audit. The deficiency shall be corrected prior to its next scheduled class or the school's approval shall be withdrawn by the Transportation Cabinet.

(3) The license of a driver training school or instructor shall be suspended or revoked as established in KRS 332.210.

(4) A representative from the Transportation Cabinet may monitor, without cost, a class taught by the driver training school.

History

RELATES TO: KRS 45A.365, 186.018, 186.410, 186.535, 186.574, 189A.010(2), 189A.410, 332.204, 332.206, 332.210
STATUTORY AUTHORITY: KRS 186.400(1), 186.574(3)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations regarding the licensing of a motor vehicle operator. KRS 186.574 requires the Transportation Cabinet to promulgate administrative regulations regarding the supervision and operation of state traffic schools for new drivers and traffic offenders. This administrative regulation establishes the minimum standards for a new driver state traffic school. This administrative regulation also designates those persons eligible for a new driver education program, establishes the application and approval procedures to teach the program for private driving schools, and establishes the method of notification to the cabinet of completion of the program.
History: 601 KAR 013:110. 23 Ky.R. 2639; 3032; 3349; 3567; eff. 3-4-1997; 39 Ky.R. 1055; 1398; eff. 2-1-2013; Crt eff. 2-25-2019; Crt. eff. 1-9-2026.

Chapter 14 Motorcycle and Bicycle Safety

601 KAR 14:010 Headgear and eye-protective devices {#sec-601-kar-14-010 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:010}

Section 1. Protective Headgear. When a person is required to wear protective headgear pursuant to KRS 189.285(3) or 189.515(4), the protective headgear worn shall meet the standards set forth in Section 2 of this administrative regulation.

Section 2. Protective Headgear Standards. A protective headgear shall:

(1) Meet the requirements of 49 CFR 571.218; and

(2) Have a permanent and legible label that:

(a) Bears the letters DOT that are one (1) cm in height;

(b) Appears on the outer surface of the helmet;

(d) Is placed a minimum of two and nine-tenths (2.9) centimeters and a maximum of three and five-tenths (3.5) centimeters from the bottom edge of the posterior of the helmet.

Section 3. Eye Protective Devices. A person shall not operate a motorcycle on a highway as defined in KRS 189.010(3) unless he wears an eye-protective device which meets the standards set forth in Section 4 of this administrative regulation.

Section 4. Eye Protection Devices. An eye protection device shall:

(1) Meet the Vehicle Equipment Safety Commission's Minimum Requirements for Motorcyclists Eye Protection, edition July 1980; and

(2) Be permanently and legibly marked on each lens, in a manner that does not interfere with the vision of the wearer, with:

(a) "VESC-8"; or

(b) If space is limited, "V-8".

Section 5. Adoption Without Change. 49 CFR 571.218 (October 1, 2000) is adopted without change. The material may be inspected, copied or obtained, subject to applicable copyright law, from the Transportation Cabinet, Office of General Counsel and Legislative Affairs, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. through 4:30 p.m.

Section 6. Incorporated by Reference.

(1) "Minimum Requirements for Motorcyclists' Eye Protection" July 1980 edition, published by the Vehicle Equipment Safety Commission.

(2) This material may be inspected, copied or obtained, subject to applicable copyright law, from the Transportation Cabinet, Office of General Counsel and Legislative Affairs, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. through 4:30 p.m.

History

RELATES TO: KRS 189.285, 49 C.F.R. Part 571.218
STATUTORY AUTHORITY: KRS 174.080(1), 189.285(5), 189.515(4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.285(5) requires the secretary to promulgate administrative regulations establishing minimum standards for protective headgear and eye-protective devices to be used by motorcycle operators. KRS 189.515(4) requires the secretary to promulgate administrative regulations establishing approved protective headgear for all-terrain vehicle operators. This administrative regulation establishes the minimum standards and approved headgear and eye-protective devices.
History: 2 Ky.R. 312; eff. 3-10-1976; 15 Ky.R. 543; eff. 10-4-1988; 17 Ky.R. 108; eff. 9-4-1990; 25 Ky.R. 2952; 26 Ky.R. 607; eff. 9-7-1999; 28 Ky.R. 690; eff. 11-12-2001; Crt eff. 11-12-2019; Crt eff. 8-27-2026.

601 KAR 14:020 Bicycle safety standards {#sec-601-kar-14-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:020}

Section 1. Definitions.

(1) "Bicycle":

(a) Means a device with an attached seat propelled primarily by human power upon which a person rides astride or upon, regardless of the number and size of the wheels in contact with the ground; and

(b) Does not mean a wheelchair designed for a person with a disability.

(2) "Hazard" means a condition present on the roadway that constitutes a danger to a bicycle rider such as:

(a) A fixed or moving object;

(b) A parked or moving vehicle;

(d) A surface irregularity; or

(e) An animal.

(3) "Shared lane" means a single lane of traffic less than fourteen (14) feet in width not including the gutter pan.

Section 2. Lights and Reflectors.

(1) A bicycle operated on a highway during the hours or atmospheric conditions described in KRS 189.030(1) shall display at least one (1) front light on either the bicycle or the bicyclist that is visible for 500 feet and capable of revealing substantial objects at least fifty (50) feet in front of the bicycle.

(2) A bicycle if operated on a highway or highway shoulder shall display on either the bicycle or the bicyclist:

(a) One (1) red reflector or red light visible for at least 100 feet from the rear of the bicycle; and

(b) One (1) red light or a flashing red light visible from the rear of the bicycle for at least 500 feet during the hours or atmospheric conditions described in KRS 189.030(1).

Section 3. Horn or Bell.

(1) A bicycle may be equipped with a bell, horn, or other device capable of making an abrupt sound, but shall not be equipped with a siren or whistle.

(2) A person operating a bicycle shall shout or sound the bell, horn, or other sound device as necessary to warn pedestrians or other bicycles of the approach of the bicycle.

Section 4. Brakes. A bicycle shall not be operated on a highway or highway shoulder without a brake or brakes adequate to control the movement of, or to stop, the bicycle within fifteen (15) feet at a speed of ten (10) miles per hour on a dry, level, clean pavement.

Section 5. Seat.

(1)

(a) A bicyclist if operating on a highway or highway shoulder shall ride upon a seat attached to the bicycle.

(b) A bicyclist operating on a highway or highway shoulder may transport a person or persons upon a seat or carrying device attached to the bicycle in a manner in which the seat or device is manufactured and designed to be used.

(2) A bicycle operated on a highway or highway shoulder shall not carry more than the number of persons for which the bicycle is designed or safely equipped.

Section 6. Transporting a Package and Attaching to a Motor Vehicle.

(1) A bicyclist operating on a highway or highway shoulder shall not carry a package, bundle, or article that prevents the operator from keeping one (1) hand on the handle bars.

(2) A bicyclist operating on a highway or highway shoulder shall not attach either the bicycle or himself or herself to a motor vehicle.

Section 7. Operation of Bicycles.

(1) A bicycle shall be operated in the same manner as a motor vehicle, except that the traffic conditions established in paragraphs (a) and (b) of this subsection shall apply.

(a) A bicycle may be operated on the shoulder of a highway unless prohibited by law or ordinance.

(b) If a highway lane is marked for the exclusive use of bicycles, the operator of a bicycle shall use the lane unless:

Travelling at the legal speed;
Preparing for or executing a left turn;
Passing a slower moving vehicle;
Avoiding a hazard;
Avoiding the door zone of a parked vehicle; or
Approaching a driveway or intersection where vehicles are permitted to turn right from a lane to the left of the bicycle lane.

(2) Not more than two (2) bicycles shall be operated abreast in a single highway lane unless part of the roadway is exclusively for bicycle use. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic.

(3) A bicycle operated in a highway lane with other vehicle types shall keep to the right unless:

(a) Preparing for and executing a left turn;

(b) Passing a slower moving vehicle;

(c) The lane is too narrow to be considered a shared lane. A bicycle may be ridden far enough to the left to prevent overtaking vehicles from attempting to pass in the same lane;

(d) Approaching an intersection or driveway where right-turn movements are permitted. A bicycle may be ridden far enough to the left to avoid potential conflicts with right turning vehicles;

(e) It is necessary to avoid a hazard. A bicycle may be ridden far enough to the left to provide a reasonable safety space to the right;

(f) The bicycle is operating on a one (1) way street with two (2) or more marked traffic lanes. A bicyclist may keep to the left side of the roadway subject to the conditions in paragraphs (b) through (e) of this subsection;

(g) It is necessary for a cyclist to use a lane other than the right lane to continue his or her route;

(h) Preparing for and executing a left turn; or

(i) The bicycle is operating at or near a speed consistent with the prevailing flow of traffic.

(4)

(a) A bicycle may be operated on a sidewalk or a crosswalk unless prohibited by law or ordinance.

(b) A bicyclist operating on a sidewalk or crosswalk shall have the rights and duties of a pedestrian in the same circumstances.

Slow to the speed of an ordinary walk where pedestrians are present or reasonably expected to be present or if approaching a crosswalk, driveway, or other crossing where a motor vehicle is expected
Not suddenly leave the sidewalk or crosswalk and move into the path of another vehicle that is close enough to constitute an immediate hazard; and
Yield to pedestrians using the sidewalk or crosswalk.

(d) A bicyclist operating on a crosswalk or sidewalk shall obey an official traffic control device applicable to a pedestrian unless otherwise directed by a police officer or other officially designated person.

(e) A bicyclist operating on a crosswalk or sidewalk shall yield the right of way to a vehicle if crossing the road at a point other than within a marked crosswalk or within an unmarked crosswalk at an intersection.

(5) A bicyclist operating on a highway or highway shoulder may proceed after stopping and if safe against a red light if a traffic signal fails to detect the bicycle.

Section 8. Bicycle Parking.

(1) Unless prohibited, a bicycle may be parked on a sidewalk if it does not impede the movement of pedestrians or traffic.

(2) A bicycle may be parked in the roadway at an angle to the curb or edge of the roadway at a location where bicycle parking is allowed.

(3) A bicycle shall not be parked or stopped as established for a vehicle in KRS 189.450(5)(b) through (j).

(4) A bicycle may be parked on the roadway abreast of another bicycle or bicycles near the side of a roadway where parking of vehicles is allowed.

History

RELATES TO: KRS 189.010, 189.030(1), 189.450
STATUTORY AUTHORITY: KRS 189.287
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189.287 requires the cabinet to promulgate administrative regulations to establish standards for bicycle safety and equipment. This administrative regulation establishes the equipment and safety requirements required in the operation of a bicycle.
History: 20 Ky.R. 1508; 2037; eff. 2-10-1994; 42 Ky.R. 25; eff. 7-7-2015; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

601 KAR 14:030 Bicycle and bikeway program {#sec-601-kar-14-030 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:030}

Section 1. Quarterly Meetings.

(1) KBBC shall conduct at least four (4) quarterly meetings each year at a time and place agreed upon by the chairman and the commission members. Meetings shall be conducted as established in KRS 61.820 and 61.826.

(2) The secretary shall call at least one (1) yearly meeting with KBBC in order to review issues related to the bikeway program.

(3) A schedule of the quarterly meetings including the time and place of meetings for the coming year shall be set by the commission pursuant to paragraph (a) of this subsection at its last meeting of the calendar year and forwarded to the secretary of the Transportation Cabinet.

(4)

(a) The schedule for meetings shall be altered upon motion approval by a quorum of the commission.

(b) The altered meeting schedule shall be forwarded to the secretary.

(5)

(a) Notice of regular quarterly meetings of the commission shall be given to each member of the commission and the secretary of the Transportation Cabinet in writing by either regular or electronic mail not less than seven (7) days prior to the meeting.

(b) The notice shall contain a date, time, place, and agenda for the meeting.

(6) Minutes of all meetings shall be kept by the commission, and a copy of the minutes shall be forwarded to the secretary within ten (10) days of the meeting.

Section 2. Special Meetings. A special meeting may be called as designated by the commission or the secretary and shall require three (3) days notice to all parties.

Section 3. Grant Applications.

(1) A completed grant application for the Paula Nye Memorial Educational Grant for funds received from sales of the "Share the Road" license plate shall be reviewed by the commission.

(2) A copy of the selected grant applications and a memorandum supporting the commission's decision in selecting the applications shall be sent to the secretary within thirty (30) days of the closing date of receipt for all applications.

(3) The secretary shall approve or deny the commission's decision within thirty (30) days of his or her receipt of the applications and the memorandum.

(4) The secretary's failure to approve or deny the commission's decision within thirty (30) days of receipt of the applications and memorandum shall be deemed the same as approval.

Section 4. Audit of Funds.

(1) Funds obtained by the commission through monetary donations for purchase of the "Share the Road" license plate shall be subject to an audit as established in KRS 186.164 and 601 KAR 9:130.

(2) A copy of the findings of the audit shall be forwarded to the Secretary of Transportation.

(3) The audit shall be reviewed and approved or denied by the Office of Audits within the Transportation Cabinet.

History

RELATES TO: KRS 61.820, 61.826, 174.120, 174.125
STATUTORY AUTHORITY: KRS 174.120, 174.125
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.120 requires the Transportation Cabinet to develop and coordinate a bikeway program in assistance and cooperation with local governments and other agencies. KRS 174.125 establishes the Kentucky Bicycle and Bikeway Commission (KBBC) within the Transportation Cabinet to serve as an advisor to the secretary in matters related to the interests of the bikeway program and the bicycling public. This administrative regulation implements the procedures related to KRS 174.120 and 174.125.
History: 37 Ky.R. 968; 11-5-2010; Crt eff. 10-8-2018; Crt eff. 3-11-2019; Crt eff. 2-23-2026.

601 KAR 14:050 Motorcycle Safety Education Program {#sec-601-kar-14-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:050}

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 174.012.

(2) "Commission" means the Motorcycle Safety Education Commission established pursuant to KRS 176.5067.

(3) "Instructor" means a person recognized by the cabinet who conducts motorcycle rider training and may also be known as a rider coach.

(4) "Instructor training course" means a process recognized by the cabinet that prepares an individual to teach a motorcycle rider training course.

(5) "Instructor training course provider" means a person or entity recognized by the cabinet to conduct an instructor training course.

(6) "Instructor trainer" means a person approved by the cabinet to train instructors.

(7) "Program administrator" means the person designated or appointed by the secretary of the cabinet to administer the Motorcycle Safety Education Program.

(8) "Range" means a paved area approved for practicing motorcycle riding skills during a training course.

(9) "Training provider" means a person or entity approved by the cabinet to conduct a rider training course.

Section 2. Training, Approval, and Reporting Requirements of Instructors.

(1) To request approval to be an instructor, an individual shall:

(a) Meet the requirements of KRS 176.5063;

(b) Have a current motorcycle endorsement on the individual's driver's license;

(c) Provide a certified copy of the applicant's driving record for the previous five (5) years in Kentucky or other states in which the applicant has held a driver's license;

(d) Not have been convicted of a felony sex offense in KRS Chapter 510;

(e) Be able to lift the motorcycle required to be used in the training of students;

(f) Be able to perform the motorcycle maneuvers required in the training to be provided;

(g) Complete the Instructor Application in full;

(h) Participate in at least one (1) full novice class as a coach assistant;

(i) Obtain a recommendation for approval from a current training provider;

(j) Successfully complete a recognized instructor training course listed on the Motorcycle Safety Education Commission Web site at www.ride.ky.gov;

(k) Provide a diploma, certificate of completion, or other similar documentation from the instructor training course to verify completion of one (1) of the recognized training courses;

(l) Have ridden a motorcycle for at least 1,000 miles within the previous twelve (12) months; and

(m) Submit the application with all other required documents to the program administrator by electronic mail to program administrator inbox, available at www.ride.ky.gov, or mailing to Motorcycle Safety Education Commission, Program Administrator, Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622.

(2) If an instructor is currently approved and requests to be requalified as an instructor for another biennium, the instructor shall:

(a) Not have had his driver's license suspended or revoked at any time during the preceding two (2) years or at any time within the preceding five (5) years for any alcohol or drug related offense; and

(b) Provide proof of teaching a minimum of two (2) motorcycle safety courses in the previous year; or

(d) Successfully complete in the previous year an approved instructor training course listed on the Motorcycle Safety Education Commission Web site; or

(e) Successfully complete in the previous year a teaching skills course provided by the cabinet or its designee.

(3) Instructor application review and processing.

(a) After review of the application:

If the application is missing information, the program administrator shall return the application to the applicant with a request for the missing information; or
If the application is missing required documentation, the program administrator shall send a request for the missing documentation to the applicant.

(b) Instructor Application Approval or Denial

If the application is complete, within thirty (30) days, the program administrator shall notify the applicant of:

a. Approval as an instructor if all the requirements in this administrative regulation have been met in the application and the required documentation received; or

b. Denial of approval as an instructor if all the requirements have not been met in the application.

Approval for an instructor shall be valid for one (1) year from the date of the approval notice.

(4) Instructor Required Notices. The instructor shall provide written notice with specific details concerning the matter to the program administrator:

(a) If the instructor's driver's license is suspended or revoked;

(b) If the instructor is convicted of a felony sex offense in KRS Chapter 510; or

Section 3. Instructor Training Course Provider Responsibilities.

(1) An instructor training course provider shall:

(a) Provide training facilities and equipment required by the approved curriculum;

(b) Provide all course materials including handouts, books, and other items required by the approved curriculum to each participant;

(c) Obtain and maintain all certifications required to teach and certify new instructors within the curriculum being taught;

(d) Coordinate with new and existing training course providers to deliver training sessions in a specific region based on need and available instructors or candidates;

(e) Report the following participant and course data to the program administrator:

Completion status of participants;
Contact information of participants; and
Instructor certification numbers, if available;

(f) Allow quality assurance inspections of its training courses at the request of the program administrator;

(g) Conduct quality assurance visits at the request of the program administrator; and

(h) Coordinate with the program administrator to provide continuing education programs for existing instructors.

(2) Instructor Training Course Provider Required Notices. The instructor training course provider shall notify the program administrator:

(a) If the instructor training course provider or its instructor trainer has lost certification from the appropriate curriculum governing body;

(b) If the instructor training course provider or its instructor trainer has lost his or her driver's license due to suspension or revocation;

(c) If the instructor training course provider or its instructor trainer is convicted of a felony sex offense in KRS Chapter 510; or

(d) Of any change in contact information.

Section 4. Training Provider Responsibilities.

(1) A training provider shall:

(a) Follow a curriculum in compliance with the Model National Administrative Standards for State Motorcycle Rider Training Programs published by the National Highway Traffic Safety Administration and recognized by the commission as described in Section 9(4) and 17(1)(b) of this administrative regulation;

(b) Ensure a sufficient number of courses and instructors are available to meet demand in the local geographic area;

(d) Upon request provide a schedule of classes to the program administrator and any schedule updates throughout the training season;

(e) Not use participant data, such as contact information, for any purpose outside of the provision of the rider education course;

(f) Keep all participant information confidential and not share with any third parties without prior approval from the cabinet;

(g) Obtain and maintain a training range, motorcycles, safety equipment, classroom, and other course equipment according to Sections 6 through 8 of this administrative regulation;

(h) Provide classroom materials such as books, handouts, videos, and other items as needed for completion of the course;

(i) Have access to a computer or other appropriate device with internet capability and printer for student and course management;

(j) Supervise and monitor adherence of instructors to course curriculum and course delivery;

(k) Solicit student feedback and distribute course evaluations as prescribed by the cabinet;

(l) Forward student feedback to the cabinet upon request;

(m) Maintain the following insurance:

General liability insurance in an amount not less than $1,000,000 underwritten by an insurance carrier licensed and approved by the Kentucky Department of Insurance, which shall include personal injury insurance for students and instructors;
Any insurance, including workers compensation and unemployment insurance, required by federal, state, or local law.

(n) Submit student information as required by contract for the purpose of reimbursement of services;

(o) Issue a course completion certificate as described in Section 9(5) of this administrative regulation to a student who has successfully completed the course; and

(p) Establish and implement policies and procedures for delivery of instruction and maintenance of site location and equipment. The training provider shall submit its policies and procedures regarding maintenance of site locations and equipment for written approval or denial to the program administrator before it or any part of it becomes effective and enforceable.

(2) Training Provider Required Notices. The training provider shall notify the program administrator:

(a) If the training provider's range is no longer available or has lost certification from the appropriate curriculum governing body;

(b) Of loss or change in required insurance;

(d) Of any accidents involving bodily injury that occur during course instruction;

(e) Of proposed changes to policy and procedures regarding maintenance of equipment or delivery of instruction prior to implementation;

(f) Of any breach involving student data within seven (7) days of discovery of the breach; or

(g) Of any change in contact information.

Section 5. Student-Instructor Ratio. The instructor to student ratio shall not exceed the following:

(1) An instructor shall not teach more than thirty-six (36) students during classroom instruction;

(2) An instructor shall not teach more than eight (8) students during range instruction if teaching alone; and

(3) Two instructors shall not teach more than twelve (12) students during range instruction.

Section 6. Training Course Range Requirements.

(1) A range shall include fifty-six (56) linear feet per student at the perimeter dimension and a minimum of twenty (20) feet paved run-off area on each side.

(2) A range shall be approved by the governing body of the recognized curriculum prior to use.

(3) Student range capacity shall be the total linear feet of the perimeter divided by fifty-six (56) and rounded down.

(4) A standard range shall be 120 feet by 220 feet with a minimum paved run-off area of twenty (20) feet on each side.

(5) A modified range may be used if it meets the requirements in subsections (1) through (3) of this section.

Section 7. Training Motorcycles.

(1) A training motorcycle shall be a 500cc motorcycle or smaller, three (3) wheel motorcycles shall be exempt from this requirement.

(2) One (1) motorcycle shall be available for each student participating in the range session, three-wheel motorcycles may be shared in accordance with the curriculum's governing body guidelines.

(3) A motorcycle shall be intended by the manufacturer for street use, but may have:

(a) The headlight disabled for use on the range; or

(b) A speed or RPM limiting device installed.

(4) A motorcycle used in the training course shall be maintained in safe operating condition according to the manufacturer's specifications.

Section 8. Training Course Range Equipment.

(1) Protective Equipment. A rider shall wear the following protective equipment during range instruction:

(a) A full face or three-quarter helmet certified by its manufacturer to meet US DOT Federal Motor Vehicle Safety Standard No. 218 in good condition;

(b) A face shield, goggles, or glasses;

(d) A weather appropriate, long-sleeved shirt or jacket that fully covers the arms;

(e) Long pants that fully cover the legs; and

(f) Boots or other sturdy, over-the-ankle footwear.

(2) Safety equipment. A range shall have and maintain the following equipment in close proximity to the riding area during range instruction:

(a) Class A fire extinguisher;

(b) First aid kit; and

Section 9. Rider Training Courses for Novice Riders.

(1) A rider training course for novice riders shall:

(a) Meet the requirements of KRS 176.5062;

(b) Meet or exceed the Model National Standards for Entry-Level Motorcycle Rider Training published by the National Highway Traffic Safety Administration as incorporated by reference in Section 17(1)(a) of this administrative regulation;

(d) Not be less than eight (8) hours of hands-on instruction for a novice course;

(e) Be provided by instructors approved by the cabinet; and

(f) Meet the training course requirements in this administrative regulation.

(2) Course materials shall include the Kentucky Motorcycle Manual maintained by the Kentucky State Police http://kentuckystatepolice.org/driver-testing/ and a diagram of the motorcycle with basic parts for driving identified. Materials may also include those specific to the curriculum being taught and required by the governing body of the curriculum.

(3) Novice course student evaluation shall include:

(a) A written exam that addresses:

Current traffic laws with a focus on motorcycles; and
Best practices of motorcycle operation; and

(b) A skills test that demonstrates safe operation of the motorcycle in numerous situations.

(4) Training courses for novice riders recognized by the cabinet shall be listed on the Motorcycle Safety Education Commission Web site at www.ride.ky.gov.

(5) Certificate of Completion.

(a) Upon successful completion of a course that meets the requirements in this section and is included on the list of training courses for novice riders recognized by the cabinet, the student shall be issued a certificate of completion in physical or electronic format that shall include:

Date of course completion;
Provider of course taken;
Curriculum used in course;
Certificate number; and
Designation if completing a three (3) wheel course.

(b) The student shall present this certificate to the Kentucky Transportation Cabinet Driver Licensing Regional Office to be used for an exemption of the skills portion of the motorcycle endorsement testing.

Section 10. Students.

(1) Enrollment and Registration Requirements. A student shall:

(a) Have a valid Kentucky driver's license or Kentucky motor vehicle instructional permit;

(b) Complete and sign a liability waiver form. A student under the age of eighteen (18) shall have a liability waiver from his or her parent or legal guardian, signed on-site or notarized, authorizing the student to take the course;

(d) Pay any required fee.

(2) Course Completion. A student shall:

(a) Attend, participate in, and complete all required training sessions;

(b) Achieve passing scores on required tests; and

(c) Upon successful completion of the program, receive a course completion certificate as prescribed in Section 9(5) of this administration regulation.

Section 11. Approval of Courses for Exemption from the Licensing Skill Test.

(1) For a course to be approved for exemption from the licensing skill test pursuant to KRS 176.5062(5), a course shall:

(a) Meet the curriculum standards of and receive any approvals required by the Motorcycle Safety Foundation for motorcycle rider education or instructor training, but shall not include an online course without hands on training on a motorcycle;

(b) Meet the curriculum standards of and receive any approvals required by Total Control Training, Inc. for motorcycle rider education, but shall not include an online course without hands on training on a motorcycle;

(c) Be a rider education training course administered by an approved training provider in another state which is recognized for exemption from the motorcycle licensing skill test in that state; or

(d) Be submitted to and approved by the commission for inclusion on the list based on consideration of the following:

Compliance with National Highway Traffic Administration (NHTSA) standards;
Reasonableness of enrollment fee for participants;
Availability of trainers;
Effectiveness data; and
Other similar criteria that are relevant to determining the course's safety and effectiveness.

(2) The courses approved for exemption by the commission shall be published on the commission's Web site at www.ride.ky.gov.

Section 12. Data and Reporting.

(1) All reports shall be submitted electronically to the Cabinet or by mailing to Motorcycle Safety Education Program, Program Administrator, Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622.

(2) A training provider shall report to the program administrator:

(a) Course schedules and updates;

(b) Student attendance;

(d) Student driver's or permit license information;

(e) Course completion date;

(f) Whether student passed or failed course;

(g) Skills waiver card number if issued;

(h) Student feedback evaluations; and

(i) Evaluations of instructors and the instructor training course provider.

(3) An instructor training course provider shall report to the program administrator:

(a) Student attendance;

(b) Results and recommendations for instructor candidates upon completion of training; and

Section 13. Quality Assurance.

(1) An instructor shall:

(a) Maintain all appropriate certifications required by the governing body of the recognized curriculum; and

(b) Participate in all required professional development activities as prescribed by the governing body of the recognized curriculum or cabinet.

(2) Instructor training course providers shall:

(a) Conduct periodic audits and provide feedback to instructors for the purpose of professional development at the request of the program administrator; and

(b) Maintain all appropriate certifications required by the governing body of the recognized curriculum.

(3) Portions of student evaluation form results may be made available for professional development to the following:

(a) Instructors;

(b) Instructor training course providers; and

(4) The cabinet program administrator or designee may conduct audits as needed to review quality of instruction, range condition, equipment condition, and compliance with financial and other reporting requirements.

Section 14. Fees.

(1) A fee shall not be required for an individual who is less than eighteen (18) years of age.;

(2) A fee not to exceed $200 may be required for an individual who is:

(a) At least eighteen (18) years of age; and

(b) Has a valid motor vehicle instructional permit or driver's license.

(3) Any fee shall be paid upon registration and shall not be refundable.

Section 15. Training Provider Selection Criteria.

(1) To request to be a training provider, the applicant shall:

(a) Complete the Training Provider Application in full;

(b) Submit evidence showing the person or entity has the ability to meet the required responsibilities as prescribed in this administrative regulation. This shall include:

Description of expertise in offering this or a similar type of program;
Range approval certification or application for certification;
Schedule of range availability or proposed course schedule;
List of training motorcycles including VIN or plan to acquire them;
Maintenance records of owned motorcycles, if available;
Copies of policies or quotes to obtain required insurance;
Business plan showing anticipated costs and revenues to determine viability; and
Policy and procedures manual for course delivery, site, and equipment maintenance.

(c) Submit the application with all other required documents to the program administrator by electronic mail or by mailing to Motorcycle Safety Education Program, Program Administrator, Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622.

(2) Application review and processing.

(a) After review of the application:

If the application is missing information, the program administrator shall return the application to the applicant with a request for the missing information; or
If the application is missing required documentation, the program administrator shall send a request for the missing documentation to the applicant.

(b) Application approval or denial.

If the application is complete, within thirty (30) days, the program administrator shall notify the applicant of:

a. Approval as a training provider if all the requirements have been met in the application and send a certificate of approval. A contract between the cabinet and training provider shall also be sent for the training provider to sign and return to the cabinet within thirty (30) days of receipt; or

b. Denial of approval as a training provider if all the requirements have not been met in the application.

Approval for a training provider shall be valid for two (2) years from the date of the approval notice.

Section 16. Instructor Training Course Provider Selection Criteria.

(1) To request to be an instructor training course provider, the person or entity shall:

(a) Complete the instructor training course provider application in full;

(b) Provide a diploma, certificate of completion, or other similar documentation from the instructor training course to verify completion of one (1) of the approved training courses for each instructor trainer;

(c) Submit evidence showing the person or entity has the ability to meet the required responsibilities and course requirements in this administrative regulation. This shall include:

Description of expertise in offering this or a similar type of program;
Copies of policies or quotes to obtain all required insurance;
Business plan showing anticipated costs and revenues to determine viability;
Policy and procedure manual or plan for new instructor training, quality assurance, and existing instructor professional development; and
Cost schedule for each type of class including number of participants, if applicable, and quality assurance visits.

(d) Submit the application with all other required documents to the program administrator by electronic mail or by mailing to Motorcycle Safety Education Program, Program Administrator, Transportation Cabinet, 200 Mero Street, Frankfort, Kentucky 40622.

(2) Application review and processing. After review of the application:

(a) If the application is missing information, the program administrator shall return the application to the applicant with a request for the missing information; or

(b) If the application is missing required documentation, the program administrator shall send a request for the missing documentation to the applicant.

(3) If the application is complete, within thirty (30) days, the program administrator shall notify the applicant of:

(a) Approval as an instructor training course provider if all the requirements have been met in the application and send a certificate of approval. A contract between the cabinet and instructor training course provider shall also be sent for the instructor training course provider to sign and return to the cabinet within thirty (30) days of receipt; or

(b) Denial of approval as a trainer if all the requirements have not been met in the application.

(4) Approval for instructor training course provider shall be valid for two (2) years from the date of the approval notice.

Section 17. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Model National Standards for Entry-Level Motorcycle Rider Training", NHTSA, DOT HS 811 503, August 2011;

(b) "Model National Administrative Standards for State Motorcycle Rider Training Programs" NHTSA, November 2014, Report No. DOT HS 812 071;

(d) "Instructor Training Course Provider Application", Motorcycle Safety Education Program, 2022; and

(e) "Training Provider Application", viewed at https://ride.ky.gov/Pages/Providers.aspx.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet, Motorcycle Safety Education Program, Office of the Secretary, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-1568, Monday through Friday, 8 a.m. to 4:30 p.m. The standards may also be obtained from the Motorcycle Safety Education Commission Web site at www.ride.ky.gov. The standards may also be obtained from the U.S. Department of Transportation, National Highway Traffic Safety Administration Web site in the Motorcycle Safety area at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/811503.pdf and https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/812071-modelnatladminmotorcycle.pdf.

History

RELATES TO: KRS 176.5061-176.5069, 186.401, 186.450, 186.531, 186.535
STATUTORY AUTHORITY: KRS 176.5061, 176.5062, 176.5063, 176.5064, 176.5068
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.5063 and 176.5064 authorizes the Secretary of the Transportation Cabinet to promulgate administrative regulations that are reasonable and necessary to carry out the provisions of 176.5061-176.5069. This administrative regulation establishes the criteria and procedures required for approval of instructors for motorcycle safety education training, instructor training course provider requirements and selection criteria, training course requirements, fees for enrollment in a motorcycle rider training course, and training provider requirements and selection criteria.
History: 46 Ky.R. 3355; eff. 6-5-2020; Recodified from 500 KAR 15:010, 3-2-2022; 49 Ky.R. 1826; eff. 7-18-2023.

Chapter 23 Certification of Title

601 KAR 23:010 Classic motor vehicle project {#sec-601-kar-23-010 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:010}

Section 1. Application for Certificate of Title of a Classic Motor Vehicle Project.

(1)

(a) "Salvage", "junk vehicle", and "rebuilt vehicle" as defined by KRS 186A.510 shall be considered permanent brands.

(b) The term "classic motor vehicle project" shall be considered a temporary brand in the process of obtaining title.

(2) The owner of a motor vehicle that meets the definition of "classic motor vehicle project" as defined by KRS 186A.510(2) shall apply for a certificate of title as follows:

(a) The applicant shall complete an Application for Kentucky Certificate of Title or Registration, Form TC 96-182.

(b) A certified inspector who meets the requirements of 601 KAR 9:085 shall verify the Vehicle Identification Number VIN of the motor vehicle, and complete the appropriate section of the Application for Kentucky Certificate of Title or Registration, Form TC 96-182.

(c) The applicant shall submit the completed form to the county clerk of residence accompanied by the supporting documents as required in KRS 186.020.

(d) A classic motor vehicle project shall not be processed through "speed title" as established in KRS 186A.170(1)(b).

Section 2. Application for Certificate of Title of a Restored Classic Motor Vehicle Project. The owner of a classic motor vehicle project restored to roadworthy condition shall apply for a certificate of title as follows:

(1) The applicant shall submit a notarized Kentucky Certificate of Title or Registration, Form TC 96-182.

(2) A certified inspector who meets the requirements of 601 KAR 9:085 shall physically inspect the classic motor vehicle project and certify that it is roadworthy pursuant to KRS 186A.510(8).

(3) The applicant shall submit the completed form and supporting documents to the county clerk of residence.

(4) The clerk shall issue an original certificate of title without a special brand.

(5) A restored, roadworthy classic motor vehicle project may be processed through "speed title".

Section 3. Incorporation by Reference.

(1) Form TC 96-182, "Application for Kentucky Certificate of Title or Registration", December 2009, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Vehicle Regulations, Division of Motor Vehicle Licensing, Second Floor, Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 186.020, 186A.115, 186A.120, 186A.170(1)(b), 186A.510, 186A.535, 190.300, 190.990(5), 49 U.S.C. 32705
STATUTORY AUTHORITY: KRS 186A.535
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.535 authorizes the cabinet to promulgate administrative regulations governing the application process and titling of classic motor vehicle projects and restored classic motor vehicle projects. This administrative regulation establishes the procedures necessary to obtain a certificate of title for a classic motor vehicle project as defined by KRS 186A.510(2) and for a classic motor vehicle project that has been restored to roadworthy condition.
History: 36 Ky.R. 1144; 1487; eff. 2-5-2010; Crt eff. 10-8-2018; Crt eff.4-25-2025.

601 KAR 23:020 Military surplus vehicle {#sec-601-kar-23-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:020}

Section 1. Definitions.

(1) "Military surplus vehicle" is defined by KRS 186.010(20).

(2) "Motor vehicle" is defined by KRS 186.010(4).

Section 2. Application for Title.

(1) The owner of a military surplus vehicle shall apply for a certificate of title as established in paragraphs (a) through (c) of this subsection.

(a) The military surplus vehicle shall be inspected by a certified motor vehicle inspector who meets the requirements of 601 KAR 9:085 and 601 KAR 9:090.

(b) The certified motor vehicle inspector shall complete a Military Surplus Vehicle Inspection form, TC 96-344, certifying that the vehicle is roadworthy.

The completed Military Surplus Inspection form, TC 96-344, and supporting documents that establish the sale or transfer of the vehicle from the military or the military's designated agent to the applicant; and
Proof that the military surplus vehicle was originally manufactured in accordance with mandated requirements established in 49 C.F.R. Section 571.7. A military surplus vehicle built prior to 1968 and prior to the requirements of 49 C.F.R. Section 571.7 shall be exempt from inspection.

(2) If the previous owner is a person or entity other than the military or the military's designated agent, the applicant shall submit a completed Application for Kentucky Certificate of Title or Registration, TC 96-182, and the supporting documents as required by KRS 186.020 and 186A.070(1).

(3) A military surplus vehicle shall remain designated as a military surplus vehicle after transfer of ownership or sale.

(4) A military surplus vehicle inspected pursuant to subsection (1)(a) of this section shall not be inspected again as an out-of-state vehicle as required by KRS 186A.115.

(5) The county clerk of residence shall issue an original certificate of title without a special brand unless the vehicle was originally branded in another state.

Section 3. Certification.

(1) A military surplus vehicle that has been certified as roadworthy pursuant to the vehicle inspection in Section 2(1)(a) of this administrative regulation shall be considered a motor vehicle and shall not require a re-inspection.

(2) A roadworthy military surplus vehicle may be processed through speed title pursuant to KRS 186A.170(1)(b).

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Kentucky Certificate of Title or Registration", TC 96-182, October,2015; and

(b) "Military Surplus Vehicle Inspection", TC 96-344, May, 2017.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material may also be obtained by accessing the department's Web site at http://Drive.ky.gov/

History

RELATES TO: KRS 186.010, 186.020, 186A.070(1), 186A.073, 186A.115, 186A.170, 49 C.F.R. Section 571.7
STATUTORY AUTHORITY: KRS 186A.020, 186A.073, 186A.115(2)(b), (c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.073(4) and (5) requires the Kentucky Transportation Cabinet to promulgate administrative regulations establishing the procedures necessary to apply for, and obtain title for a military surplus vehicle. This administrative regulation establishes the requirements for an applicant to obtain a certificate of title and registration for a military surplus vehicle.
History: 44 Ky.R. 1171, 1520; eff. 1-30-2018; Cert eff. 12-12-2024.

601 KAR 23:030 Motor vehicle speed title process exceptions {#sec-601-kar-23-030 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:030}

Section 1. Definitions.

(1) "Kentucky Certificate of Title" is defined by 103 KAR 44:120.

(2) "Rebuilt title" means a certificate of title issued pursuant to 601 KAR 9:200 for a specific motor vehicle that had been damaged and subsequently restored to an operable condition by replacing two (2) or more major component parts.

(3) "Resident" is defined by KRS 186.010(12).

(4) "Salvage title" is defined by KRS 186A.520(1).

(5) "Speed title" or "Speed certificate of title" means an expedited issuance of a certificate of title by the Transportation Cabinet as established in KRS 186A.170.

Section 2. Application for Kentucky Certificate of Title and Registration, TC 96-182.

(1) A completed Application for Kentucky Certificate of Title and Registration shall be submitted to the Division of Motor Licensing if a vehicle changes ownership or if the owner is a new Kentucky resident.

(2) A copy of the vehicle owner's Kentucky driver's license and ownership document or documents shall be attached to the Application for Kentucky Certificate of Title and Registration.

Section 3. Forty-eight (48) Hour Exceptions. An Application for Kentucky Certificate of Title and Registration for a speed certificate of title shall, pursuant to this administrative regulation and KRS 186A.170(1)(b), be exempt from the forty-eight (48) hour requirement established in KRS 186A.170(1) if the Application for Kentucky Certificate of Title and Registration:

(1) Is electronically received by the cabinet from the county clerk on a Friday or Saturday;

(2) Does not include all of the required supporting materials as established in KRS 186.020;

(3) Includes one (1) or more supporting documents that is fraudulent, incomplete, or incorrect;

(4) Is for a classic motor vehicle project as established in 601 KAR 23:010; or

(5) Is not timely delivered to the cabinet due to delays from the postal delivery services.

Section 4. Motor Vehicles Ineligible for a Speed Title. The following motor vehicles shall not be eligible for a speed title. A motor vehicle:

(1) Assembled from parts of junked, un-rebuildable, or other similar classification that disqualifies the vehicle from being titled for highway use pursuant to KRS 186.115;

(2) Subject to the classic motor vehicle project as established in 601 KAR 23:010;

(3) In a condition that requires the owner to obtain a rebuilt title as established in 601 KAR 9:200; or

(4) In a condition that requires the owner to obtain a salvage title as established in KRS 186A.520.

Section 5. Incorporation by Reference.

(1) "Application for Kentucky Certificate of Title and Registration," TC 96-182, May 2020 is incorporated by reference.

(2)

(a) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Building, Department of Vehicle Regulation, Division of Motor Licensing, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. through 4:30 p.m.

(b) This material is also available on the cabinet's Web site at http://drive.ky.gov.

History

RELATES TO: KRS 186.115, 186.200, 186A.070, 186A.120, 186A.130, 186A.165, 186A.170, 186A.520
STATUTORY AUTHORITY: KRS 186A.170(1)(b)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.170(1)(b) authorizes the Transportation Cabinet, Department of Vehicle Regulation, to promulgate administrative regulations providing exceptions to the speed title procedure. This administrative regulation establishes the procedures necessary to apply to obtain a certificate of title by means of an accelerated process and establishes the process for the cabinet to issue a motor vehicle certificate of title within forty-eight (48) hours of receipt of electronic speed title application from a county clerk.
History: 47 Ky.R. 1324, 1957; eff. 7-6-2021.

601 KAR 23:040 Application form to become Kentucky electronic license title entity; and application form for electronic motor vehicle title application submission {#sec-601-kar-23-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:040}

Section 1. Definitions.

(1) "Applicant" means any Kentucky automobile dealer or lienholder making application to become an approved entity.

(2) "Application" means form TC 96-361 available electronically to establish qualifications to be an approved entity.

(3) "Approved entity" is defined by KRS 186A.005(1).

(4) "Cabinet" means the Transportation Cabinet.

(5) "Electronic Title Application Review Committee" or "committee" means the committee responsible for approving or rejecting properly submitted applications.

Section 2. Electronic Title Application Review Committee.

(1) The committee shall consist of:

(a) The Director of the Division of Motor Vehicle Licensing, or a proxy;

(b) Assistant Director, Division of Motor Vehicle Licensing, or a proxy;

(d) Investigator Supervisor of the Division of Motor Vehicle Licensing, or a proxy; and

(e) Assistant Director, Dealer Commission, Department of Vehicle Regulation, or a proxy.

(2) For the committee to conduct business, there shall be a quorum present. A simple majority of the members present at a meeting shall be required to recommend approval or denial of an application.

(3) If there is a tie vote, the tie-breaking vote shall be made by the Commissioner of the Department of Vehicle Regulation.

Section 3. Applicant Qualification Standards.

(1) Applicants that are dealerships shall be a legal entity authorized to conduct business in the Commonwealth of Kentucky, with proper documentation with the Commonwealth of Kentucky Secretary of State's office for all purposes including service of process and principal place of business address. A dealer approved entity shall submit electronically its title and registration applications to the county clerk's office of the county in which it is doing business or the county where the buyer has their primary residence. While scanning documents electronically, all applicants, dealerships, or lienholders shall use a color scanner capable of scanning double-sided with a minimum resolution of 300 dpi.

(2) Applicants, dealerships, or lienholders shall be up to date on all annual reports or other required business filings and the entity in question shall be in good business standing.

(3) Applicant dealerships shall be in good standing with the Motor Vehicle Commission.

(4) Applicant dealerships shall not have any open investigative cases with the Division of Motor Vehicle Licensing or the Motor Vehicle Commission.

(5) Applicant dealerships, lienholders, and any other user using this system consents to the requirements of KRS 186A.017 and other applicable laws.

(6) Applicant, dealership, or lienholder addresses shall be accurate and up to date with official street addresses. Post-office box addresses shall not be used. If the official street addresses change, notice of the address change shall be made as soon as possible to the county clerk of the county where the business is located.

(7) An applicant shall return the completed form, TC 96-361, to the Transportation Cabinet address listed on the application form. Pursuant to KRS 186A.017(4), the application fee of $150 shall be submitted with the application.

(8) Grounds for denial of a new application shall include:

(a) An incomplete application;

(b) An application containing false or misleading information;

(c) Prior criminal history involving fraud, perjury, or history of trafficking in stolen vehicles covered under this administrative regulation;

(d) Any history of theft or other crime relating to an intentional or negligent concealment of title source;

(e) Evidence of past involvement in theft of vehicles or vehicle parts;

(f) Falsification or tampering with existing odometer readings; or

(g) Failure to maintain a proper street address, or failure to provide update of new address change.

(9) If an application becomes approved and later it is found by the committee that any of the possible grounds of denial in subsection (8) of this section were concealed, or developed at a later date, the committee shall immediately notify the applicant by letter that its approved status shall be revoked.

(10) If an application has been denied or revoked for any cause, the cabinet shall notify the applicant at its most recent known address by letter. The letter shall provide a brief explanation for the denial.

Section 4. Appeal of Denials or Revocations of Prior Approval.

(1) Within thirty (30) days of the date of the denial or revocation letter, an applicant may appeal the decision in writing stating that it is an appeal of the denial or revocation in question with a copy of the denial or revocation letter attached.

(2) Appeals shall be addressed to the Commissioner of the Department of Vehicle Regulation, 200 Mero Street, Frankfort, Kentucky 40622.

(3) Appeals shall be governed by KRS Chapter 13B.

Section 5. Incorporation by Reference.

(1) Form TC 96-361, "Application to Become a KYELT Approved Entity", October 2023, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Vehicle Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material is also available on Transportation Cabinet's Web site at drive.ky.gov.

History

RELATES TO: KRS 186A.005, 186A.017
STATUTORY AUTHORITY: KRS 186A.017
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.017 establishes the requirements and procedures to become an approved entity pursuant to KRS 186A.005(1). KRS 186A.017(7) requires the Transportation Cabinet to promulgate administrative regulations to establish an electronic title application and registration system by which title applications, salvage title applications, title lien statements, other supporting documents, signatures, and fees can be transmitted through the title application process in an electronic format.
History: 50 Ky.R. 1988; 51 Ky.R. 42, 663; eff. 9-17-2024.

601 KAR 23:050 Examination of Certificate of Title Applications by the Department of Vehicle Regulation utilizing available technologies or human persons to implement the directives set forth in KRS 186A.060 and 186A.170(4) {#sec-601-kar-23-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:050}

Section 1. Definitions.

(1) "Cabinet" means the Kentucky Transportation Cabinet.

(2) "Department" means the Department of Vehicle Regulation, Division of Motor Vehicle Licensing.

(3) "Examination" means a review or audit of a completed title application with its supporting documents received from an applicant through a county clerk.

(4) "KAVIS" means Kentucky Automated Vehicle Information System, also known as the Kentucky Motor Vehicle Title and Registration System.

(5) "Supporting documents" means acceptable documents that support ownership to a vehicle, including court documents, power of attorney, towing and storage, and the documents listed in KRS 186.020(1) and 186A.060.

(6) "Title Application" means Transportation Cabinet's Form TC 96-182, an application for a Kentucky Certificate of Title and Registration.

Section 2. Documents or Items to be examined by the department, either by a human person or by an available technology to detect fraudulent documents, may include:

(1) Applicant's unique personal identifiable number;

(2) Branded Certificate of Titles;

(3) Court documents and power of attorney;

(4) Law Information Network Kentucky (LINK) verified;

(5) Mechanic liens and towing and storage;

(6) Mileage verification;

(7) National Crime Information Center (NCIC) verified;

(8) Signatures and notarizations;

(9) Vehicle chain of ownership; and

(10) Vehicle identification number, make, model, and year.

Section 3. Incorporation by Reference.

(1) Form TC 96-182, "Application for Kentucky Certificate of Title or Registration", January 2024, is incorporated by reference.

(2) A complete application for a certificate of title with its supporting documents may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Motor Vehicle Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) This material is also available on Transportation Cabinet's Web site at drive.ky.gov.

History

RELATES TO: KRS 186A.072(2)(a), 186A.120, 186A.125, 186A.170
STATUTORY AUTHORITY: KRS 186A.020, 186A.170
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.170(4) establishes the requirements and procedures to examine title applications received from the Kentucky County Clerks. KRS 186A.020 authorizes the Transportation Cabinet to promulgate administrative regulations and institute programs as are reasonably necessary to carry out the provisions of KRS Chapter 186A.
History: 51 Ky.R. 1047; eff. 2-18-2025.

601 KAR 23:070 Street-legal special purpose vehicles {#sec-601-kar-23-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:070}

Section 1. Definitions.

(1) "Cabinet" means the Transportation Cabinet.

(2) "Kentucky certified inspector" means an inspector certified by the Department of Vehicle Regulation.

(3) "Local government" is defined by KRS 186.077.

(4) "Low-speed vehicle" is defined by KRS 186.010 (16).

(5) "Proof of ownership" means that the owner has provided either a current title to the vehicle, MCO, manufacturer's certificate of origin, bill of sale, or affidavit of ownership.

(6) "Special purpose vehicle (SPV)" is defined by KRS 186.077.

(7) "Street-legal special purpose vehicle (SLSPV)" is defined by KRS 186.077.

Section 2. Registration Requirements.

(1) SLSPVs shall be registered with the Department of Vehicle Regulation.

(2) SLSPVs shall be registered with the county clerk in the county where the owner resides or if not owned by a local resident, the county clerk in the county where the street-legal SPV is principally operated.

(3) The registration fee shall be ten (10) dollars per year pursuant to KRS 186.050.

(4) SLSPVs shall be plated with a motorcycle registration plate.

(5) Proof of insurance, as required under KRS 304.39-110, shall be submitted at the time of registration and shall be insured as a motorcycle.

(6) Registration applications shall include:

(a) Vehicle Identification Number (VIN);

(b) Make, model, and year of the SLSPV;

(d) Proof of vehicle safety compliance with proof of inspection, pursuant to 601 KAR 9:090, by a Kentucky certified inspector with detailed checklist verifying the SLSPV meets the safety equipment requirements of Section 4 of this administrative regulation.

Section 3. Operating Restrictions.

(1) SLSPVs may operate on public highways, subject to the following conditions:

(a) Operation is prohibited on highways located within the jurisdictional boundaries of a local government where operation of SLSPVs is not allowed by local ordinance.

(b) Operation is prohibited on controlled-access systems, including interstates or parkways.

(d) SLSPVs are prohibited from traveling a distance greater than twenty (20) miles on a highway displaying centerline pavement markings.

(2) Operators shall obey all traffic laws and carry proof of registration and insurance.

Section 4. Vehicle Safety Requirements.

(1) A SLSPV shall be equipped with:

(a) One (1) or more headlamps;

(b) One (1) or more tail lamps;

(d) A trail lamp or other lamp constructed and placed to illuminate the registration plate with a white light;

(e) One (1) or more red reflectors on the rear of the vehicle;

(f) An amber electronic turn system, one (1) on each side of the front of the vehicle;

(g) An amber or red electric turn signals on the rear of the vehicle;

(h) A braking system, other than a parking brake;

(i) A horn or other warning device;

(j) A working muffler;

(k) Rearview mirrors on the right and left side of the driver;

(l) A windshield, unless the operator of the vehicle wears eye protection while operating the vehicle;

(m) A speedometer, illuminated for nighttime operation;

(n) A roll bar or roll cage;

(o) For multi-passenger vehicles, a seatbelt assembly that conforms to the federal motor vehicle safety standard provided in 49 C.F.R. sec. 571.209 for each designated seating position; and

(p) Tires that have at least two thirty-seconds (2/32) of an inch or greater tire tread.

(2) The vehicle shall pass a safety inspection conducted by a Kentucky certified inspector.

Section 5. Compliance and Enforcement.

(1) Law enforcement officers shall verify the compliance of SLSPVs pursuant to this administrative regulation.

(2) The license plate shall be the same size as the Kentucky motorcycle license plate.

(3) A SLSPV may be equipped with a motorcycle temporary tag.

(4) Failure to comply with the registration, operation, and equipment requirements shall result in a citation and potential fines as established in KRS Chapter 186.

(5) Repeat offenders may face suspension or revocation of SLSPV registration.

Section 6. Appeals and Hearings.

(1) An owner cited for non-compliance may request a hearing within thirty (30) days of the citation issuance.

(2) The hearing shall be conducted in accordance with KRS Chapter 13B.

Section 7. Severability. If any provision of this administrative regulation is found invalid, the remaining sections shall remain in effect.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Application for Kentucky Certificate of Title or Registration", TC 96-182, (01/2024 Edition); and

(b) "Street-Legal Special Purpose Vehicle Inspection", TC 96-365, (06/2025 Edition).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Transportation Cabinet Office Building, Department of Vehicle Regulation, 2nd Floor, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m.

(3) This material is also available on Transportation Cabinet's website at drive.ky.gov.

History

RELATES TO: KRS 186.010,186.020,186.050, 186A.115
STATUTORY AUTHORITY: KRS 186.010, 186.020,186.050, 186A.115
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.077 requires the Transportation Cabinet to establish procedures for inspection, registration, operation, and compliance of street-legal special purpose vehicles (SLSPVs) on designated public roadways in Kentucky.
History: 601 KAR 023:070. 52 Ky.R. 331, 742; eff. 2-3-2026.) COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

Chapter 35 Coal Transportation

601 KAR 35:020 Transportation plans {#sec-601-kar-35-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 35:020}

Section 1. Application for Transportation Plan. Every person subject to KRS 351.175, 350.060, 42.455 and 177.977 shall apply to the Department of Highways for a certified transportation plan for each route whereby the applicant proposes to transport materials. Applications may be obtained from any highway district office.

Section 2. Form of Application. The application form prescribed and furnished by the Department of Highways shall require such information as is necessary to identify the origin of highway transportation and the roads, streets, and bridges requested by the applicant, and to adequately identify the applicant. The application must be accompanied by a map designating the desired route. Copies of maps may be obtained from the Department of Highways, Division of Planning, 419 Ann Street, Frankfort, Kentucky, or from the district highway office of the district in which the roads, streets and bridges are located. The specified form is available from any district highway office.

Section 3. Filing of the Application. The original and two (2) copies of the application for a certified transportation plan shall be submitted to the Department of Highways district office for the county in which the haul route originates. A separate application must be filed for each origin and destination between which materials are to be transported.

Section 4. Reporting Requirements. Any person issued a transportation plan for coal must file quarterly reports with the Department of Highways pursuant to 603 KAR 5:115.

Section 5. Certification of Transportation Plans. The Chief District Engineer for the Department of Highways district in which the haul route originates shall certify the transportation plan on behalf of the Department of Vehicle Regulation and the Transportation Cabinet.

Section 6. The effective date of this administrative regulation is April 1, 1987.

History

RELATES TO: KRS 42.455(8), 177.977, 350.060(11), 351.175(6)
STATUTORY AUTHORITY: KRS 42.455(8), 174.080, 177.9771, 177.977, 177.979
NECESSITY, FUNCTION, AND CONFORMITY: KRS 351.175(6) requires that mine operators submit with their application for mining licenses a transportation plan certified by the Department of Vehicle Regulation. Further, KRS 350.060(11) requires that mine operators submit with their application for mining licenses a transportation plan certified by the Transportation Cabinet. In conjunction with one another KRS 42.455(8) and 177.977 designate the Transportation Cabinet as the agency responsible for the identification of public highways, roads, streets, and bridges that comprise the official coal haul highway system. This administrative regulation is adopted to provide for and regulate the gathering of pertinent information from all coal shippers or owners regarding the movement of coal, and to specify the procedures to be used to obtain a certified transportation plan.
History: 11 Ky.R. 339; 585; eff. 10-9-1984; 13 Ky.R. 1252; eff. 2-10-1987; Crt eff. 5-22-2019; Crt eff. 3-20-2026.

601 KAR 35:060 Extended weight coal haul decals {#sec-601-kar-35-060 omnilex-key=us-ky-regs-official--title-601--601 KAR 35:060}

Section 1. The issuing agency for the decal authorized by KRS 177.9771 shall be the Department of Vehicle Regulation, Division of Motor Vehicle Licensing. Application shall be made on forms prescribed and furnished by the department. This application shall contain at least the following information:

(1) The name and address of the vehicle owner;

(2) Name of registrant if other than the owner (applies to International Registration Plan registrants only);

(3) Vehicle identification number of the vehicle;

(4) Axle arrangement of the vehicle;

(5) Signature of the applicant; and

(6) Current registration license plate number of the vehicle, current registration receipt or other proof of current registration.

Section 2. The department shall not issue a decal for use on a vehicle which does not have a current registration for 80,000 pounds. An out-of-state applicant for a decal for a vehicle which has been registered under the International Registration Plan shall provide the department with proof that the vehicle for which the decal is being purchased has a current registration with a declared gross weight of at least 80,000 pounds.

Section 3. A decal shall not be issued for use on any vehicle which is not registered in Kentucky or which has not been registered through another jurisdiction under the International Registration Plan.

Section 4. Applications may be submitted by mail or in person but payment shall be received by the department prior to the issuance of the decal. Payment shall be made by certified check, cashiers check, or money order if applying by mail. Checks shall be made payable to the Kentucky State Treasurer. Cash will be accepted for the payment if the applicant appears in person.

Section 5. A decal shall be valid from the date of purchase until April 30 of the year for which the decal is issued. The decals which are effective until March 31, 1990 shall be valid through April 30, 1990. The department shall not charge a fee for this one (1) month extension.

Section 6. Proration of the decal fee shall be according to the following schedule:

Section 7. The decal shall be placed on the door of the driver's side of the vehicle. The decal shall be permanently affixed on the left side of the door immediately below the window glass using the decal adhesive.

Section 8. A decal issued for a particular axle configuration shall be placed only on a vehicle having that axle configuration.

Section 9. If the motor vehicle for which a decal has been issued by the Department of Vehicle Regulation becomes destroyed, stolen, or disabled within thirty (30) days subsequent to the application for the decal, the unused decal may be returned to the department and the application therefore withdrawn.

Section 10. The decal shall remain with the vehicle, even upon transfer of ownership of the vehicle.

History

RELATES TO: KRS 177.9771
STATUTORY AUTHORITY: KRS 177.9771
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.9771 permits a decal to be purchased for a coal truck to allow the vehicle to operate in excess of the legal maximum weight limit on roads and road segments designated as part of the extended weight coal haul road system. This administrative regulation sets forth the procedures to be followed in applying for and placement of this decal.
History: 13 Ky.R. 1684; eff. 4-14-1987; 16 Ky.R. 1246; eff. 2-3-1990; Crt eff. 3-18-2019; Crt eff. 11-26-2019; Crt eff. 8-27-2026.

601 KAR 35:070 License plates for trucks operated under cooperative agreements {#sec-601-kar-35-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 35:070}

Section 1. The owner of a vehicle which is listed in a cooperative agreement entered into pursuant to KRS 177.979 and 603 KAR 5:220 which will be operated exclusively over the roads listed in the cooperative agreement, may elect to have an identifying license plate issued for said vehicle. If so, he shall apply to the office of the appropriate county clerk for a certificate of registration. There is no state registration fee for the issuance of this registration, but other fees and taxes are applicable. Before issuing the certificate of registration, the county clerk will insure that the applicant has complied with the following:

(1) Applicable usage taxes and ad valorem taxes have been paid;

(2) The federal heavy vehicle highway use tax requirements have been met; and

(3) The vehicle is insured, if required.

Section 2. The owner of such a vehicle shall then make application to the Department of Vehicle Regulation, Division of Motor Vehicle Licensing for an identifying license plate. The application shall be made on forms prescribed and furnished by the department. This application form shall contain at least the following information:

(1) Owner's name and address;

(2) The number of vehicles to be issued identifying plates; and

(3) The vehicle identification number of each vehicle.

Section 3. This application shall be submitted to the Department of Vehicle Regulation, Division of Motor Vehicle Licensing, State Office Building, Frankfort, Kentucky 40622, together with a copy of the cooperative agreement and a copy of the certificate of registration issued by the county clerk. Applications may be submitted in person or by mail.

Section 4. Registration of each vehicle which is issued the identifying license plate by the Department of Vehicle Regulation will expire on March 31 of the year for which it is issued.

Section 5. An identifying license plate may only be placed on the vehicle for which it was issued.

Section 6. Vehicles bearing these identifying license plates may be operated on roads not covered by the cooperative agreement only if empty and subject to the legal maximum weight limit of the roads.

Section 7. Upon termination, expiration or cancellation of the cooperative agreement, any identifying license plate issued pursuant to the terminated cooperative agreement and this administrative regulation must be surrendered to the Division of Motor Vehicle Licensing. If the ownership of a vehicle so registered and licensed is transferred, the identifying license plate must be surrendered to the Division of Motor Vehicle Licensing.

History

RELATES TO: KRS 177.9771
STATUTORY AUTHORITY: KRS 177.9771
NECESSITY, FUNCTION, AND CONFORMITY: KRS 177.9771 requires the Transportation Cabinet to issue identifying license plates for motor vehicles used to transport coal and operated exclusively under a cooperative agreement entered into pursuant to KRS 177.979 and 603 KAR 5:220. This administrative regulation sets forth the procedures to be followed in applying for such an identifying license plate.
History: 13 Ky.R. 1686; eff. 4-14-1987; Crt eff. 5-22-2019; Crt eff. 3-20-2026.

Chapter 40 Transportation of Solid Waste

601 KAR 40:020 Application for license to operate vehicles transporting municipal solid waste {#sec-601-kar-40-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 40:020}

Section 1.

(1) An applicant for a license to operate municipal solid waste transportation vehicles within the Commonwealth of Kentucky, shall apply to the Transportation Cabinet, Department of Vehicle Regulation, Division of Motor Carriers, 501 High Street, Frankfort, Kentucky 40622.

(2) The following information shall be provided in, or with, the application:

(a) Name in which license is sought. (NOTE: This name shall be identical to the motor carrier's current KYU number issued by the Department of Vehicle Regulation, if applicable. See question below relating to Kentucky Highway Use Tax Identification Number);

(b) Business address, including street address, city, state and zip code;

(d) Name of a natural person who is either the applicant, or an officer of the applicant, position of this person, Social Security number of this person and home address of this person:

(e) Number of vehicles which the licensee intends to operate;

(f) If the applicant is not a resident of Kentucky and anticipates transporting municipal solid waste from outside Kentucky to a municipal solid waste management facility in Kentucky, a copy of the applicant's "Consent to Service" document as required to be filed with the Natural Resources and Environmental Protection Cabinet;

(g) The applicant's highway use tax identification number, as required by KRS 138.665. (NOTE: If the applicant does not currently have a KYU number, it shall attach a statement of why its transportation operations do not fall within the purview of KRS 138.665);

(h) A statement that the applicant does now have, or is in the process of obtaining, liability insurance on each vehicle in the amounts currently required by Kentucky law;

(i) A statement of whether the applicant or any corporate officer or principal stockholder thereof has ever been convicted of a felony; and

(j) If the applicant is a Kentucky corporation, a copy of the corporation's certificate of good standing from the Kentucky Secretary of State or, if a foreign corporation, a certificate to do business in Kentucky from the Kentucky Secretary of State, shall be submitted with the application. These certificates shall not be more than thirty (30) days old at the time the application is submitted. However, all corporations, whether foreign or domestic, shall submit a list of persons who own ten (10) percent or more of the corporation's outstanding stock.

(k) If the applicant is doing business under an assumed name, it shall provide proof with the application that the assumed name has been registered with the appropriate county clerk's office.

(l) The Transportation Cabinet may require other proof of eligibility to do business in Kentucky or proof of safety fitness.

(3) The official signing on behalf of the applicant shall:

(a) Be sworn;

(b) State that he has the authority to represent the applicant;

(d) Have his signature and oath notarized.

(4) The Transportation Cabinet shall make available a form listing the information required in subsections (2) and (3) of this section to any person wishing to apply for a license to operate municipal solid waste transportation vehicles. These forms may be obtained, inspected or copied at the Division of Motor Carriers, 501 High Street, Frankfort, Kentucky 40622, or by telephoning 502/564-4540.

Section 2.

(1) The Transportation Cabinet shall within thirty (30) days of receipt of an application:

(a) Approve the application to operate municipal solid waste transportation vehicles;

(b) Disapprove the application; or

(2) However, the Transportation Cabinet shall not issue a license to anyone who has not filed a fully completed application form.

Section 3. As soon as the applicant has been licensed to operate municipal solid waste transportation vehicles, the Transportation Cabinet shall provide a form to the licensee so that the individual municipal solid waste transportation vehicles used by that licensee can be identified. This form shall contain space for the licensee to submit the following information:

(1) The municipal solid waste transporter license number and name of the municipal solid waste transporter;

(2) KYU number (if applicable) of the licensee;

(3) Telephone number of the licensee;

(4) Address of the licensee;

(5) Licensee's contact person;

(6) A sworn and notarized statement made by an official of the licensee certifying that the named licensee has, and shall maintain, liability insurance on each vehicle operated under this license;

(7) An official of the licensee shall state that the applicant has access to, and is familiar with, all applicable regulations of the United States Department of Transportation relating to the safe operation of commercial vehicles and the safe transportation of hazardous materials, and that the applicant shall comply with these administrative regulations;

(8) Identification of each vehicle to be used to transport municipal solid waste which shall include the following:

(a) The vehicle's company unit number;

(b) The complete vehicle identification number (serial number);

(d) The year of manufacture of the vehicle;

(e) The declared gross weight of the vehicle;

(f) The type of truck;

(g) The number of axles on the vehicle;

(h) The state of license of the vehicle;

(i) The license plate number if the vehicle is Kentucky registered and licensed;

(j) The name of the lessor if the vehicle is leased;

(k) The amount of the fee paid; and

(l) Whether it is a first or renewal registration of that individual vehicle.

(m) To identify the type of truck and number of axles, the licensee shall, for a straight truck, code the letters "ST", followed by the total number of axles. For a tractor-trailer, the licensee shall code the letters "TR", followed by the total number of axles.

Section 4. Municipal solid waste transporter vehicle identification cards shall expire at midnight of December 31 of each year.

Section 5. The fee for a municipal solid waste transporter vehicle identification card which shall become effective January 1, or a renewal of an identification card, shall be ten (10) dollars. If the newly-issued card becomes effective in a month other than January, the cost of the identification card shall be prorated by using the following schedule:

(1) February - $9.17;

(2) March - $8.34;

(3) April - $7.50;

(4) May - $6.67;

(5) June - $5.84;

(6) July - $5.00;

(7) August - $4.17;

(8) September - $3.34;

(9) October - $2.50;

(10) November - $1.67;

(11) December - $0.84.

Section 6. The original vehicle identification card shall be carried in the power unit of the vehicle for which it was issued. Photocopies, reproductions or facsimiles shall not be allowed.

Section 7. Even though the Transportation Cabinet does not have the authority to issue temporary identification cards for municipal solid waste transportation vehicles, the cabinet shall promptly issue identification cards to a licensee who has properly applied for the identification cards.

Section 8. The Transportation Cabinet shall notify the Natural Resources and Environmental Protection Cabinet of all persons found to be transporting municipal solid waste either:

(1) Without a license to do so; or

(2) Without a vehicle identification card for the transportation of municipal solid waste.

Section 9.

(1) A license to operate municipal solid waste vehicles shall not be transferred.

(a) If a licensee's assets are sold or transferred to an entity who is not a current licensee, the new owner shall submit a new application pursuant to Section 1 of this administrative regulation. Prior to beginning operation as a transporter of municipal solid waste, the entity shall be licensed by the Transportation Cabinet pursuant to this administrative regulation.

(b) If the new owner holds a current license to operate as a transporter of municipal solid waste, it may operate the newly acquired motor vehicles under the provisions of its existing license as soon as a vehicle identification card is obtained in the name of the new owner.

(c) A licensee who discontinues operation as a transporter of municipal solid waste in Kentucky shall surrender his license to the Transportation Cabinet.

(2) The new owner of a municipal solid waste transportation vehicle may apply to the Transportation Cabinet for transfer of the vehicle identification card on the motor vehicle if:

(a) The motor vehicle has a current municipal solid waste transportation identification card;

(b) There is at least one (1) month before the identification card will expire;

(d) The new owner provides to the Transportation Cabinet a sworn statement that the licensee has and shall maintain liability insurance on the newly acquired motor vehicles; and

(e) The new owner shall state that it has access to and is familiar with all applicable regulations of the United States Department of Transportation relating to the safe operation of commercial vehicles and the safe transportation of hazardous materials and that the new owner shall comply with these administrative regulations.

(3) There shall not be a cost to the licensee for the transfer of the identification card as described in subsection (2) of this section. The new owner of the municipal solid waste transportation vehicle shall be responsible for the identification card fee beginning on January 1 of the following year.

History

RELATES TO: KRS 174.450
STATUTORY AUTHORITY: KRS 174.450
NECESSITY, FUNCTION, AND CONFORMITY: KRS 174.450(9) requires that the Transportation Cabinet promulgate administrative regulations to establish a municipal solid waste transportation licensing program by August 26, 1991, and that on or after November 26, 1991, that each vehicle being used to transport municipal solid waste be identified by the licensee.
History: 18 Ky.R. 956; eff. 11-8-1991; 2702; eff. 4-3-1992; 19 Ky.R. 506; 942; eff. 11-4-1992; 1882; eff. 4-6-1993; Crt eff. 3-18-2019; Crt eff. 11-26-2019; Crt eff. 8-27-2026.

Title 601 KAR — Transportation Cabinet - Department of Vehicle Regulation

Chapter 1 Motor Carriers

601 KAR 1:005 Safety administrative regulation {#sec-601-kar-1-005 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:005}

601 KAR 1:018 Special overweight or overdimensional motor vehicle load permits {#sec-601-kar-1-018 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:018}

601 KAR 1:019 Overweight or overdimensional farm equipment {#sec-601-kar-1-019 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:019}

601 KAR 1:020 Permit for hauling industrial materials; fee; bond {#sec-601-kar-1-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:020}

601 KAR 1:040 Application for operating authority and registration of motor carriers {#sec-601-kar-1-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:040}

601 KAR 1:080 Household goods carriers {#sec-601-kar-1-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:080}

601 KAR 1:113 Transportation network company {#sec-601-kar-1-113 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:113}

601 KAR 1:114 Peer-to-peer services {#sec-601-kar-1-114 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:114}

601 KAR 1:140 U-drive-it permit application procedures {#sec-601-kar-1-140 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:140}

601 KAR 1:146 Fair market rental or lease value of vehicles operated pursuant to a U-drive-it permit {#sec-601-kar-1-146 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:146}

601 KAR 1:147 Auditing of U-drive-it permit holders {#sec-601-kar-1-147 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:147}

601 KAR 1:200 Administration of taxes imposed in KRS 138.655 through 138.7291 {#sec-601-kar-1-200 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:200}

601 KAR 1:201 Recordkeeping and audit requirements of taxes imposed in KRS 138.655 through 138.7291 {#sec-601-kar-1-201 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:201}

601 KAR 1:220 Theft of motor fuel; procedures to obtain motor vehicle record {#sec-601-kar-1-220 omnilex-key=us-ky-regs-official--title-601--601 KAR 1:220}

Chapter 2 Administration

601 KAR 2:020 Drivers' privacy protection {#sec-601-kar-2-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 2:020}

601 KAR 2:233 Kentucky Ignition Interlock Program; participants and device providers {#sec-601-kar-2-233 omnilex-key=us-ky-regs-official--title-601--601 KAR 2:233}

Chapter 9 Motor Vehicle Tax

601 KAR 9:012 Personalized license plates {#sec-601-kar-9-012 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:012}

601 KAR 9:015 Registration of motor vehicle dealers and manufacturers {#sec-601-kar-9-015 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:015}

601 KAR 9:040 Reciprocity and motor vehicle identification cards {#sec-601-kar-9-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:040}

601 KAR 9:045 Proportional registration of rental vehicle fleets {#sec-601-kar-9-045 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:045}

601 KAR 9:080 Assigned or replacement vehicle identification number {#sec-601-kar-9-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:080}

601 KAR 9:085 Procedures for becoming a certified motor vehicle inspector {#sec-601-kar-9-085 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:085}

601 KAR 9:090 Procedures for inspecting vehicles {#sec-601-kar-9-090 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:090}

601 KAR 9:115 Heavy vehicle use tax {#sec-601-kar-9-115 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:115}

601 KAR 9:130 Motor vehicle registration {#sec-601-kar-9-130 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:130}

601 KAR 9:135 Apportioned registration {#sec-601-kar-9-135 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:135}

601 KAR 9:140 Temporary registration plates {#sec-601-kar-9-140 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:140}

601 KAR 9:160 Surrender or reactivation of vehicle title {#sec-601-kar-9-160 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:160}

601 KAR 9:200 Registration and titling of rebuilt or salvage motor vehicles {#sec-601-kar-9-200 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:200}

601 KAR 9:205 Titling of all-terrain vehicles {#sec-601-kar-9-205 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:205}

601 KAR 9:210 Continuation of title liens {#sec-601-kar-9-210 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:210}

601 KAR 9:220 Motor vehicle dealer plates {#sec-601-kar-9-220 omnilex-key=us-ky-regs-official--title-601--601 KAR 9:220}

Chapter 11 Commercial Driver's License

601 KAR 11:010 Fees relating to commercial driver's licenses {#sec-601-kar-11-010 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:010}

601 KAR 11:020 Commercial driving history record {#sec-601-kar-11-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:020}

601 KAR 11:030 Restrictions and endorsements on commercial driver's licenses {#sec-601-kar-11-030 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:030}

601 KAR 11:035 Waiver of skills test for military personnel {#sec-601-kar-11-035 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:035}

601 KAR 11:040 Medical waivers for intrastate operators of commercial motor vehicles {#sec-601-kar-11-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:040}

601 KAR 11:050 Adoption of 49 CFR Part 383 {#sec-601-kar-11-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:050}

601 KAR 11:080 Limited commercial driver's license for farm-related service industries {#sec-601-kar-11-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 11:080}

Chapter 12 Driver's License

601 KAR 12:020 Expired, transferred, or suspended driver's license; retesting requirements {#sec-601-kar-12-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:020}

601 KAR 12:050 Driver licensing fee schedule; and licensees under age twenty-one (21) {#sec-601-kar-12-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:050}

601 KAR 12:060 Hardship driver's license {#sec-601-kar-12-060 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:060}

601 KAR 12:070 Driving privilege withdrawal for child support nonpayment {#sec-601-kar-12-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:070}

601 KAR 12:080 Drivers license or personal ID renewal or replacement for persons without an established and fixed nighttime residence {#sec-601-kar-12-080 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:080}

601 KAR 12:120 Visual acuity and visual field testing for initial application or renewal of instruction permit, initial application or renewal of operator's license, or reinstatement {#sec-601-kar-12-120 omnilex-key=us-ky-regs-official--title-601--601 KAR 12:120}

Chapter 13 Driver Improvement

601 KAR 13:025 Point system {#sec-601-kar-13-025 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:025}

601 KAR 13:031 Approved alcohol or substance abuse education or treatment program {#sec-601-kar-13-031 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:031}

601 KAR 13:040 Motor vehicle accident prevention course {#sec-601-kar-13-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:040}

601 KAR 13:070 Requirements for minor driver licensing applicant and compliance with KRS 159.051 {#sec-601-kar-13-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:070}

601 KAR 13:090 Medical Review Board; basis for examination, evaluation, tests {#sec-601-kar-13-090 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:090}

601 KAR 13:100 Medical standards for operators of motor vehicles {#sec-601-kar-13-100 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:100}

601 KAR 13:110 Driver education programs {#sec-601-kar-13-110 omnilex-key=us-ky-regs-official--title-601--601 KAR 13:110}

Chapter 14 Motorcycle and Bicycle Safety

601 KAR 14:010 Headgear and eye-protective devices {#sec-601-kar-14-010 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:010}

601 KAR 14:020 Bicycle safety standards {#sec-601-kar-14-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:020}

601 KAR 14:030 Bicycle and bikeway program {#sec-601-kar-14-030 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:030}

601 KAR 14:050 Motorcycle Safety Education Program {#sec-601-kar-14-050 omnilex-key=us-ky-regs-official--title-601--601 KAR 14:050}

Chapter 23 Certification of Title

601 KAR 23:010 Classic motor vehicle project {#sec-601-kar-23-010 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:010}

601 KAR 23:020 Military surplus vehicle {#sec-601-kar-23-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:020}

601 KAR 23:030 Motor vehicle speed title process exceptions {#sec-601-kar-23-030 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:030}

601 KAR 23:040 Application form to become Kentucky electronic license title entity; and application form for electronic motor vehicle title application submission {#sec-601-kar-23-040 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:040}

601 KAR 23:070 Street-legal special purpose vehicles {#sec-601-kar-23-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 23:070}

Chapter 35 Coal Transportation

601 KAR 35:020 Transportation plans {#sec-601-kar-35-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 35:020}

601 KAR 35:060 Extended weight coal haul decals {#sec-601-kar-35-060 omnilex-key=us-ky-regs-official--title-601--601 KAR 35:060}

601 KAR 35:070 License plates for trucks operated under cooperative agreements {#sec-601-kar-35-070 omnilex-key=us-ky-regs-official--title-601--601 KAR 35:070}

Chapter 40 Transportation of Solid Waste

601 KAR 40:020 Application for license to operate vehicles transporting municipal solid waste {#sec-601-kar-40-020 omnilex-key=us-ky-regs-official--title-601--601 KAR 40:020}

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