Kentucky Revised Statutes, Chapter 188 — Service of Process on Nonresident Motorists

Title XVI — Motor Vehicles

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-08-31.

Title XVI Motor Vehicles

Chapter 188 Service of Process on Nonresident Motorists

188.010 Definitions.

As used in this chapter, unless the context requires otherwise:

(1) "Motor vehicles" means all motor propelled vehicles, except electric and steam railways.

(2) "Public highway" means every street, road or highway in this state.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 12-6.

188.020 Nonresident owner or operator of motor vehicle makes Secretary of State process agent.

Any nonresident operator or owner of any motor vehicle who accepts the privilege extended by the laws of this state to nonresidents to operate motor vehicles or have them operated within state shall, by such acceptance and by the operation of such motor vehicle within this state, make the Secretary of State the agent of himself or his personal representative for the service of process in any civil action instituted in the courts of this state against the operator or owner, or the personal representative of the operator or owner, arising out of or by reason of any accident or collision or damage occurring within this state in which the motor vehicle is involved.

History: Amended 1960 Ky. Acts ch. 119, sec. 1. -- Amended 1954 Ky. Acts ch. 22, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 12-1.

188.030 Service of summons and complaint in action against nonresident motorist.

The clerk of the court in which the action is brought shall issue a summons against the defendant named in the complaint and direct it to the sheriff of Franklin County. The sheriff shall execute the summons by delivering two (2) true copies to the Secretary of State and shall also deliver with each summons an attested copy of plaintiff's complaint. The Secretary of State shall immediately mail a copy of the summons and complaint to the defendant at the address given in the complaint. The letter shall be posted by prepaid certified mail, return receipt requested, and shall bear the return address of the Secretary of State. The sheriff shall make the usual return to the court, and in addition the Secretary of State shall make a return to the court showing that the acts contemplated by this statute have been performed, and shall attach to his return the registry receipt, if any. Summons shall be deemed to be served on the return of the Secretary of State and the action shall proceed as provided in the Rules of Civil Procedure.

Effective: July 15, 1988

History: Amended 1988 Ky. Acts ch. 185, sec. 1, effective July 15, 1988. -- Amended 1980 Ky. Acts ch. 114, sec. 34, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 25. -- Amended 1972 Ky. Acts ch. 307, sec. 1. -- Amended 1952 Ky. Acts ch. 84, sec. 64, effective July 1, 1953. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 12-2.

188.040 Fee of Secretary of State -- Records.

The sheriff serving the summons upon the Secretary of State shall pay to him, at the time of service, a fee of ten dollars ($10), which shall be taxed as costs in the action. The Secretary shall keep a record of each summons, including the day and hour of service upon him.

Effective: July 15, 1986

History: Amended 1986 Ky. Acts ch. 204, sec. 1, effective July 15, 1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 12-3.

188.050 Continuances.

The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to appear and defend the action.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 12-4.

188.060 Other methods of serving process not affected.

This chapter extends the right of service of process upon nonresidents, and does not limit any other provisions for the service of process.

Effective: October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 12-5.

188.070 Application of process provisions to resident becoming nonresident.

The provisions of KRS 188.010 to 188.060 shall apply to any operator or owner of any motor vehicle who is a resident of this state at the time any accident or collision or damage occurs and who thereafter becomes a nonresident.

Effective: June 16, 1960

History: Amended 1960 Ky. Acts ch. 119, sec. 2, effective June 16, 1960. -- Created 1954 Ky. Acts ch. 22, sec. 2.