UNOFFICIAL COPY 23 RS BR 436
Page 1 of 57
XXXX 2/16/2023 9:15 AM Jacketed
AN ACT relating to the regulation of motor vehicles. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 186A.040 is amended to read as follows: 3
(1) The Department of Vehicle Regulation shall: 4
(a) Provide and receive information on the insurance status of vehicles registered 5
in the Commonwealth of Kentucky pursuant to KRS 304.39-087 and 304.39-6
085; and[. The department shall ] 7
(b) Provide appropriate insurance information to the Commonwealth Office of 8
Technology for inclusion in[ the] AVIS[ database] to assist in identifying 9
uninsured motor vehicles. 10
(2) (a) The Department of Vehicle Regulation shall, upon notification[ to the 11
Department of Vehicle Regulation] from an insurance company of 12
cancellation or nonrenewal of a person's policy pursuant to KRS 304.39-13
085[,] or [on and after January 1, 2006, ]if the vehicle identification number 14
(VIN) of a person's personal motor vehicle does not appear in the database 15
created by KRS 304.39-087 for two (2) consecutive reporting months,[ the 16
department shall] immediately make a[ determination as to the] notification 17
to[of] the [insured]person in accordance with paragraph (b) of this 18
subsection, unless an affidavit under subsection (3) of this section is in 19
force for the person at the time notification is received by the department. 20
(b) The notification to the person shall: 21
1. Be in writing; 22
2. Specify the motor vehicle to which the notification pertains; and[to the 23
insured shall ] 24
3. State that: 25
a. The person's[insured's] policy is no longer valid;[ and that ] 26
b. The person[insured] shall have thirty (30) days to: 27 UNOFFICIAL COPY 23 RS BR 436
Page 2 of 57
XXXX 2/16/2023 9:15 AM Jacketed
i. Show proof of insurance in compliance with Section 20 of 1
this Act to the county clerk; 2
ii. Present an affidavit under subsection (3) of this section to 3
the county clerk; or[. The department shall further inform 4
the insured that ] 5
iii. Surrender the motor vehicle's license plate to the county 6
clerk; 7
c. If proof[evidence] of insurance in compliance with Section 20 of 8
this Act, an affidavit under subsection (3) of this section, or the 9
motor vehicle's license plate is not received by the county clerk 10
within thirty (30) days of the date listed on the notification, the 11
department shall revoke the registration of the motor vehicle; and[ 12
until: 13
1. The person presents proof of insurance to the county clerk and pays the 14
reinstatement fee required by KRS 186.180;] 15
d. If the person's motor vehicle registration is revoked under 16
subdivision c. of this subparagraph, the person shall, within 17
thirty (30) days of the date of revocation, either: 18
i. Reinstate the registration under subsection (4) of Section 19
10 of this Act; or 20
ii. Surrender the motor vehicle's license plate to the county 21
clerk. 22
(3)[2.] (a) As authorized in this section or other applicable law, a[the] person 23
may present[presents proof in the form of] an affidavit, on the form 24
promulgated by the cabinet under subsection (5)(a) of this section, stating[,] 25
under penalty of perjury as set forth in KRS 523.030[,] that: 26
1. [The failure to maintain motor vehicle insurance on the vehicle specified 27 UNOFFICIAL COPY 23 RS BR 436
Page 3 of 57
XXXX 2/16/2023 9:15 AM Jacketed
in the department's notification is the result of the inoperable condition 1
of ]The motor vehicle is inoperable; 2
2. [3. The person presents proof in the form of an affidavit stating, under 3
penalty of perjury as set forth in KRS 523.030, that the failure to 4
maintain motor vehicle insurance on the vehicle specified in the 5
department's notification is the result of ]The motor vehicle is operated 6
seasonally, and[seasonal nature of the vehicle. The affidavit shall 7
explain] that when the vehicle is out of dormancy and[ when] the 8
seasonal use of the vehicle is resumed, the proper security will be 9
obtained;[ or] 10
3. [4. The person presents proof in the form of an affidavit stating, under 11
penalty of perjury as set forth in KRS 523.030, that ]He or she requires a 12
registered motor vehicle in order to carry out his or her employment,[ 13
and that] the motor vehicle that he or she drives during the course of his 14
or her employment meets the security requirement of Subtitle 39 of KRS 15
Chapter 304, and[. The person shall also declare in the affidavit] that he 16
or she will operate a motor vehicle only in the course of his or her 17
employment;[. If a person has his or her motor vehicle registration 18
revoked in accordance with this subsection three (3) times within any 19
twelve (12) month period, the revocations shall constitute a violation of 20
KRS 304.39-080. The department shall notify the county attorney to 21
begin prosecution for violation of subtitle 39 of KRS Chapter 304.] 22
4. The motor vehicle is operated exclusively on farms and is only on the 23
highway while being towed or hauled; 24
5. The motor vehicle is used for his or her employment, is operated 25
exclusively off-road, and is transported to and from job sites by means 26
other than being operated on the highway; 27 UNOFFICIAL COPY 23 RS BR 436
Page 4 of 57
XXXX 2/16/2023 9:15 AM Jacketed
6. The motor vehicle is operated exclusively off-road on the person's 1
property; 2
7. The motor vehicle is not being used due to any reasonable emergency, 3
including but not limited to the person being unemployed due to injury 4
or being laid off; or 5
8. The motor vehicle is not being operated on the highway, but the 6
owner's property does not have off-street parking and is located in a 7
jurisdiction with a local ordinance prohibiting the parking of 8
inoperable vehicles on city or local roads. 9
(b) An affidavit referenced in paragraph (a) of this subsection and presented in 10
accordance with this section shall expire twelve (12) months after the date 11
of presentation[The Department of Vehicle Regulation shall be responsible 12
for notification to the appropriate county attorney that a motor vehicle is not 13
properly insured, if the insured does not respond to notification set out by 14
paragraph (a) of this subsection. The notice that the department gives to the 15
county attorney in accordance with paragraph (a) of this subsection shall 16
include a certified copy of the person's driving record which shall include: 17
1. The notice that the department received from an insurance company that a 18
person's motor vehicle insurance policy has been canceled or has not been 19
renewed; and 20
2. A dated notice that the department sent to the person requiring the person to 21
present proof of insurance to the county clerk. 22
Upon notification by the department, a county attorney shall immediately 23
begin prosecution of the person who had his or her motor vehicle registration 24
revoked three (3) times within any twelve (12) month period in accordance 25
with paragraph (a) of this subsection]. 26
(c) For any affidavit referenced in paragraph (a) of this subsection, an affiant 27 UNOFFICIAL COPY 23 RS BR 436
Page 5 of 57
XXXX 2/16/2023 9:15 AM Jacketed
may: 1
1. Amend, replace, or revoke the affidavit prior to expiration; or 2
2. Present a new affidavit after expiration[The certified copies sent by the 3
department described in paragraph (b) of this subsection, shall be prima 4
facie evidence of a violation of KRS 304.39-080]. 5
[(d) If the insured provides proof of insurance to the clerk within the thirty (30) 6
day notification period, the department shall ensure action is taken to denote a 7
valid insurance policy is in force.] 8
(4)[(3)] (a) In developing the mechanism to electronically transfer information 9
pursuant to KRS 304.39-087, the commissioner of the Department of Vehicle 10
Regulation shall: 11
1. Consult with the commissioner of the Department of Insurance and 12
insurers of personal motor vehicles to adopt a standardized system of 13
organizing, recording, and transferring the information so as to 14
minimize insurer administrative expenses; and[. The commissioner of 15
vehicle regulation shall ] 16
2. To the maximum extent possible, utilize nationally recognized 17
electronic data information systems such as those developed by the 18
American National Standards Institute or the American Association of 19
Motor Vehicle Administrators. 20
(b) Notwithstanding any other provision of law, information obtained by the 21
department pursuant to KRS 304.39-087 shall not be: 22
1. Subject to the Kentucky Open Records Act, KRS 61.870[61.872] to 23
61.884; or[, and shall not be ] 24
2. Disclosed, used, sold, accessed, or utilized in any manner, or released by 25
the department to any person, corporation, or state and local agency, 26
except: 27 UNOFFICIAL COPY 23 RS BR 436
Page 6 of 57
XXXX 2/16/2023 9:15 AM Jacketed
a. In accordance with this section; or 1
b. In response to a specific individual request for the information 2
authorized pursuant to the[ federal] Driver's Privacy Protection 3
Act, 18 U.S.C. secs. 2721 et seq. 4
(c) The department shall institute measures to ensure that only authorized persons 5
are permitted to access the information for the purposes specified by this 6
section. 7
(d) Persons who knowingly release or disclose information from the database 8
created by KRS 304.39-087 for a purpose other than those[ described as] 9
authorized by this section or to a person not entitled to receive it shall be 10
guilty of a Class A misdemeanor for each release or disclosure. 11
(5) The cabinet shall: 12
(a) Create, through administrative regulations promulgated pursuant to KRS 13
Chapter 13A: 14
1. Forms for the affidavits presented under subsection (3) of this section; 15
and 16
2. A notice to applicants seeking a renewal of their motor vehicle 17
registration that: 18
a. Lists and explains the exceptions to maintaining continuous 19
motor vehicle insurance under Section 20 of this Act; and 20
b. Informs the applicant that forms for completing an affidavit 21
under subsection (3) of this section are available: 22
i. In the county clerk's office; and 23
ii. At a website address listed in the notice; and 24
(b) Make the forms described in paragraph (a) of this subsection available to 25
the public in each county clerk's office and on the cabinet's website. 26
(6) (a) The Department of Vehicle Regulation shall: 27 UNOFFICIAL COPY 23 RS BR 436
Page 7 of 57
XXXX 2/16/2023 9:15 AM Jacketed
1. Design a sticker for use on vehicles described in subsection (3)(a)8. of 1
this section; and 2
2. Make the sticker described in subparagraph 1. of this paragraph 3
available for distribution by each county clerk and the department to 4
persons presenting an affidavit described in subsection (3)(a)8. of this 5
section. 6
(b) City, county, or local governments shall be prohibited from towing a vehicle 7
or citing a vehicle owner for violation of any local ordinance prohibiting the 8
parking of an inoperable vehicle on a city or local road when the sticker 9
referenced in paragraph (a) of this subsection is affixed to the vehicle. 10
(7) (a) The owner of a motor vehicle for which the registration has been revoked 11
under this section shall be subject to a reinstatement fee of twenty dollars 12
($20). 13
(b) The reinstatement fee shall be equally divided between the county clerk and 14
the cabinet. 15
SECTION 2. A NEW SECTION OF KRS CHAPTER 186A IS CREATED TO 16
READ AS FOLLOWS: 17
(1) Notwithstanding any other law, a person may present to a county clerk or the 18
Department of Vehicle Regulation, at any time: 19
(a) Proof of insurance on a motor vehicle in compliance with Section 20 of this 20
Act in paper or electronic format; 21
(b) An affidavit under subsection (3) of Section 1 of this Act for a motor vehicle 22
in paper or electronic format; or 23
(c) A motor vehicle license plate for surrender. 24
(2) When proof of insurance, an affidavit under subsection (3) of Section 1 of this 25
Act, or a motor vehicle license plate is provided to a county clerk or the 26
Department of Vehicle Regulation in accordance with this section, the clerk or 27 UNOFFICIAL COPY 23 RS BR 436
Page 8 of 57
XXXX 2/16/2023 9:15 AM Jacketed
the department, as applicable, shall note in AVIS with respect to each motor 1
vehicle, as applicable, that: 2
(a) Proof of insurance has been provided and the expiration date of the 3
insurance policy or coverage; 4
(b) An affidavit under subsection (3) of Section 1 of this Act has been provided 5
and the expiration date of the affidavit; or 6
(c) A motor vehicle license plate has been surrendered and the date the license 7
plate was surrendered. 8
(3) A county clerk shall return any license plate received by the clerk to the cabinet. 9
(4) For purposes of this section: 10
(a) Proof of insurance or an affidavit in an electronic format means the display 11
of an image on any electronic device, including a cellular phone or any 12
other type of portable electronic device, depicting a current valid 13
representation of the proof of insurance or affidavit; and 14
(b) The county clerk or the Department of Vehicle Regulation may require the 15
person to e-mail the electronic proof of insurance or affidavit to the clerk or 16
department, and the clerk or department may print a copy of the proof of 17
insurance or affidavit for the clerk's or department's records. 18
Section 3. KRS 186A.042 is amended to read as follows: 19
(1) (a) Except as otherwise provided in this section[On and after January 1, 2006], a 20
county clerk shall not process an application for, nor issue, the following for 21
any personal motor vehicle as defined in KRS 304.39-087 unless one (1) of 22
the circumstances in paragraph (b) of this subsection is satisfied[a]: 23
1.[(a)] A Kentucky title and registration or renewal of registration; 24
2.[(b)] A replacement plate, decal, or registration certificate; 25
3.[(c)] A duplicate registration; 26
4.[(d)] A transfer of registration; or 27 UNOFFICIAL COPY 23 RS BR 436
Page 9 of 57
XXXX 2/16/2023 9:15 AM Jacketed
5.[(e)] A temporary tag.[;] 1
(b) At the time of the application: 2
1. AVIS: 3
a. Lists[ for any personal motor vehicle as defined in KRS 4
304.39-087(1) if AVIS does not list] the vehicle identification 5
number of the personal motor vehicle as an insured vehicle; or 6
b. Indicates that an affidavit under subsection (3) of Section 1 of 7
this Act is in force for the personal motor vehicle; or 8
2. The applicant presents an affidavit under subsection (3) of Section 1 9
of this Act, in paper or electronic format, for the personal motor 10
vehicle[, except as provided in subsection (2) of this section]. 11
(2) If none of the circumstances in subsection (1)(b) of this section are 12
satisfied[AVIS does not list the vehicle identification number of the personal motor 13
vehicle as an insured vehicle], the county clerk may process the application if: 14
(a) The applicant has an insurance card in paper or electronic format that 15
indicates the required security is currently in full force on the personal motor 16
vehicle if the paper or electronic[ proof of] insurance card was effective no 17
more than forty-five (45) days before the application is submitted to the 18
county clerk; or 19
(b) The owner of the motor vehicle: 20
1. Is serving in the Armed Forces outside of Kentucky;[,] and[ the owner ] 21
2. Provides an affidavit by the provost marshal of the base where the 22
owner is stationed stating that the motor vehicle is covered by security 23
as required by Subtitle 39 of KRS Chapter 304. 24
(3) When processing an application for renewal of a motor vehicle registration, a 25
county clerk shall provide the applicant with a copy of the notice promulgated 26
under subsection (5)(a)2. of Section 1 of this Act. 27 UNOFFICIAL COPY 23 RS BR 436
Page 10 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(4) This section shall not apply to any transactions involving Kentucky motor vehicle 1
dealers who are licensed as required by KRS 190.030. 2
(5)[(4)] For purposes of this section: 3
(a) An insurance card or affidavit in an electronic format means the display of an 4
image[ subject to immediate download or transmission from the applicant's 5
insurer or agent to the applicant] on any[ portable] electronic device, 6
including a cellular phone or any other type of portable electronic device, 7
depicting a current valid representation of the card or affidavit[but shall not 8
include a photographic copy of a paper insurance card on a portable electronic 9
device]; and 10
(b) The county clerk may require the applicant to e-mail the electronic insurance 11
card or affidavit to the clerk, and the clerk may print a copy of the card or 12
affidavit for the clerk's records. 13
Section 4. KRS 186A.100 is amended to read as follows: 14
(1) (a) A motor vehicle dealer licensed under KRS 186.070 who sells a vehicle for 15
use upon the highways of this state shall equip the vehicle with a temporary 16
tag executed in the manner prescribed below, which shall be valid for sixty 17
(60) days from the date the vehicle is delivered to the purchaser. 18
(b) The cost of the tag shall be two dollars ($2), of which the county clerk shall 19
retain one dollar ($1). 20
(c) A motor vehicle dealer licensed under KRS 186.070 shall apply to the county 21
clerk of the county in which the dealer maintains his or her principal place of 22
business for issuance of temporary tags. Application shall be made for such 23
tags on forms supplied to the county clerk by the Transportation Cabinet. 24
(2) The county clerk of any county who receives a proper application for issuance of 25
temporary tags shall record the number of each tag issued upon the application of 26
the dealer for such tags, or if a group of consecutively numbered temporary tags are 27 UNOFFICIAL COPY 23 RS BR 436
Page 11 of 57
XXXX 2/16/2023 9:15 AM Jacketed
issued to a dealer in connection with a single application, record the beginning and 1
ending numbers of the group on the application. 2
(3) The clerk shall retain, for a period of two (2) years, one (1) copy of the dealer's 3
temporary tag application, and ensure that it reflects the numbers appearing on the 4
tags issued with respect to such application. 5
(4) (a) If the owner of a motor vehicle submits to the county clerk a properly 6
completed application for Kentucky certificate of title and registration 7
pursuant to KRS 186A.120, any motor vehicle required to be registered and 8
titled in Kentucky, that is not currently registered and titled in Kentucky, may 9
be equipped with a temporary tag, which shall be valid for sixty (60) days 10
from the date of issuance, issued by the county clerk for the purpose of 11
operating the vehicle in Kentucky while assembling the necessary documents 12
in order to title and register the vehicle in Kentucky. 13
(b) The Transportation Cabinet may promulgate[establish] administrative 14
regulations in accordance with KRS Chapter 13A governing this 15
subsection[section]. 16
(5) (a) The county clerk may issue a temporary tag to the owner of a motor vehicle 17
that is currently registered and titled in Kentucky. 18
(b) A temporary tag authorized by this subsection shall be used for emergency or 19
unusual purposes as determined by the county clerk for the purpose of 20
maintaining the owner's current registration. 21
(c) A temporary tag authorized by this subsection may only be issued by the 22
county clerk and shall be valid for a period of between twenty-four (24) hours 23
and seven (7) days, as determined is necessary by the clerk. 24
(d) A county clerk shall not issue a temporary tag authorized by this subsection 25
unless the owner of the motor vehicle applying for the tag presents proof of[ 26
motor vehicle] insurance in compliance with[pursuant to] KRS 304.39-080 or 27 UNOFFICIAL COPY 23 RS BR 436
Page 12 of 57
XXXX 2/16/2023 9:15 AM Jacketed
an affidavit under subsection (3) of Section 1 of this Act. 1
(e) [On and after January 1, 2006, ]If the motor vehicle is a personal motor 2
vehicle as defined in KRS 304.39-087, proof of insurance, if required, shall 3
be determined by the county clerk as provided in KRS 186A.042. 4
(f) A temporary tag issued pursuant to this subsection shall not be reissued by the 5
county clerk for the same owner and same motor vehicle within one (1) year 6
of issuance of a temporary tag. 7
Section 5. KRS 186A.115 is amended to read as follows: 8
(1) (a) Except as otherwise provided in this section, the owner of every vehicle 9
brought into this state and required to be titled in this state shall, before 10
submitting his or her application for title to the county clerk, have the vehicle 11
together with his or her application for title and its supporting documents 12
inspected by a certified inspector in the county in which the application for 13
title is to be submitted to the county clerk. 14
(b) An owner of a military surplus vehicle seeking title in this state shall, before 15
submitting his or her application for title to the county clerk, have the vehicle 16
together with his or her application for title and its supporting documents 17
inspected by a certified inspector in the county in which the application for 18
title is to be submitted to the county clerk. 19
(2) For inspections under this section: 20
(a) The certified inspector shall be certified through the Department of Vehicle 21
Regulation following requirements set forth by the department by regulation 22
and shall be designated by the county sheriff. The certified inspector will be 23
held responsible for all certifications required pursuant to this chapter and will 24
be liable for any and all penalties prescribed in this chapter, and shall be 25
available during regular office hours at any and all offices and branches that 26
issue applications for titles; 27 UNOFFICIAL COPY 23 RS BR 436
Page 13 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(b) There shall be a five dollar ($5) fee for this certification, payable to the 1
sheriff's office, upon completion of certification; 2
(c) There shall be an additional fee of ten dollars ($10) per trip when it becomes 3
necessary for the certified inspector to travel to the site of the vehicle rather 4
than bringing the vehicle to the sheriff's inspection area; and 5
(d) An inspection conducted in one (1) county within the Commonwealth of 6
Kentucky under this subsection, and the fees paid for that inspection under 7
this subsection, shall be honored by the certified inspector, sheriff, and county 8
clerk in all other counties within this state. A second inspection shall not be 9
required and additional fees shall not be required. 10
(3) (a) The Transportation Cabinet may require that modifications be made to a 11
military surplus vehicle. 12
(b) Any modifications required by the cabinet under this subsection[section] shall 13
be made to the military surplus vehicle prior to its inspection. 14
(4) (a) The Transportation Cabinet shall promulgate administrative regulations 15
pursuant to KRS Chapter 13A to implement the provisions of subsections 16
(1)(b) and (3) of this section, including but not limited to vehicle modification 17
requirements and the creation of a separate inspection form. 18
(b) The Transportation Cabinet shall note that military vehicles were originally 19
manufactured under the federally mandated requirements set forth in 49 20
C.F.R. sec. 571.7 and shall only require these vehicles to meet applicable 21
federal motor vehicle safety standards. 22
(5) The following vehicles are excluded from the requirement of inspection by a 23
certified inspector prior to titling in this state: 24
(a) New motor vehicles sold by a dealer licensed in this state; 25
(b) Vehicles required to be registered in this state by reason of lack of a 26
reciprocity agreement with another state and for which a nonnegotiable 27 UNOFFICIAL COPY 23 RS BR 436
Page 14 of 57
XXXX 2/16/2023 9:15 AM Jacketed
registration document is to be issued; 1
(c) Motor vehicles operated by a motor carrier under a nonnegotiable certificate 2
or permit issued by the Department of Vehicle Regulation; 3
(d) Motor vehicles owned by servicemen or servicewomen who are residents of 4
Kentucky stationed outside of Kentucky may be inspected by the post provost 5
or similar officer of the camp, post, or station. The post provost or similar 6
officer shall submit an affidavit stating the name of the owner, the 7
identification or serial number, the make, body style, current license or title 8
number, if any, and state in which currently registered or titled, if any, of the 9
motor vehicle; 10
(e) Motor vehicles purchased in another state by persons who are residents of 11
Kentucky but are temporarily residing out of state for at least thirty (30) days, 12
but not longer than nine (9) months, may after the purchase of the vehicle be 13
inspected by the state police, a local law enforcement agency, or the vehicle 14
inspection program of another state. If an inspector in another state examines 15
a vehicle under this paragraph, the purchaser may request the inspector to 16
complete an affidavit stating the name of the owner, the vehicle identification 17
number, the vehicle make and body style, the current state of registration, if 18
any, and the current vehicle license or title number, if any. The Transportation 19
Cabinet shall create an affidavit form containing at a minimum this 20
information and shall post the form on the cabinet's website[ Internet Web 21
site]. A person using an inspector in another state under this paragraph shall 22
comply with all requirements of that state's inspection program, including 23
payment of fees charged in that state. A person registering a motor vehicle for 24
the first time in Kentucky under this paragraph shall transmit the application 25
for registration, all supporting documentation, and payment for registration 26
and usage tax to the county clerk of the county in which the person resides, 27 UNOFFICIAL COPY 23 RS BR 436
Page 15 of 57
XXXX 2/16/2023 9:15 AM Jacketed
and upon receipt of the appropriate documentation, the county clerk shall 1
register the vehicle; and 2
(f) Motor vehicles no longer located in Kentucky but which require inspection in 3
order to issue a corrected Kentucky title due to error in vehicle identification 4
or serial number may be inspected by an inspector authorized to inspect 5
vehicle identification or serial number by the laws of the state or foreign 6
country where application for a new title has been submitted. 7
(6) When presented to a certified inspector for inspection or to a county clerk for 8
processing, the owner's application for a first certificate of registration or title in his 9
or her name shall be accompanied by proof of insurance in compliance with KRS 10
304.39-080 or an affidavit under subsection (3) of Section 1 of this Act and one 11
(1) of the following documents as applicable: 12
(a) If the vehicle is a new vehicle not previously registered in this state, the 13
properly assigned manufacturer's statement of origin for the vehicle for which 14
registration or title is sought; 15
(b) If the vehicle was last registered in this state, and is a vehicle for which a title 16
is not required in this state, a certificate of registration, or if the vehicle is one 17
for which a certificate of title is required in this state, a properly assigned 18
certificate of title; 19
(c) If the vehicle was last previously titled in another state, a properly assigned 20
certificate of title; 21
(d) If the application refers to a vehicle previously registered in another country, 22
the documents of that country establishing ownership of the vehicle; 23
(e) If the application refers to a vehicle last previously registered in another 24
country by a person on active duty in the Armed Forces of the United States, 25
the county clerk may accept on behalf of the Department of Vehicle 26
Regulation evidence of ownership provided the applicant by the United States 27 UNOFFICIAL COPY 23 RS BR 436
Page 16 of 57
XXXX 2/16/2023 9:15 AM Jacketed
Department of Defense; and 1
(f) Except as provided in KRS 186A.072(2)(c) governing custom-built 2
motorcycles, if the application relates to a vehicle which has been specially 3
constructed or reconstructed, that fact shall be stated in the application, and 4
the application shall be accompanied by the documents specified by 5
administrative regulations of the Department of Vehicle Regulation. 6
(7) When requested to inspect a vehicle pursuant to this section, the certified inspector 7
shall personally and physically inspect the vehicle, when registration or title is 8
sought in this state, and shall[on the following points]: 9
(a) [He or she shall ]Ensure that the application is legible and properly executed 10
to the extent required at the time of execution; 11
(b) [He or she shall ]Compare the vehicle identification number as appearing on 12
both the vehicle identification number plate, and the federal safety standards 13
label of the vehicle which is sought to be registered or titled, with the 14
corresponding number inscribed on the application, and its supporting 15
documentation, and ensure that the vehicle identification number appearing at 16
each described location appears legitimate and that they are consistent with 17
each other; 18
(c) [He or she shall ]Examine the primary odometer of the vehicle and legibly 19
record the reading in the space provided in the inspection section of the 20
application; and 21
(d) After exercising due diligence in inspecting the vehicle, the application, and 22
its supporting documentation, and finding that they appear to be in order, [the 23
certified inspector shall ]execute the preprinted certificate of inspection 24
according to its terms by printing in the spaces provided his or her first name, 25
middle initial, and last name, and his or her title; the name of the county in 26
which he or she serves; and the telephone number including the telephone 27 UNOFFICIAL COPY 23 RS BR 436
Page 17 of 57
XXXX 2/16/2023 9:15 AM Jacketed
area code of his or her agency, and sign in ink his or her signature in the space 1
provided, and print the month, day, and year in which his or her inspection 2
was made, certifying under penalty of forgery in the second degree the 3
character, accuracy, and date of his or her inspection. 4
(8) The certified inspector shall refrain from executing the certificate of inspection if: 5
(a) He or she has not personally and physically inspected the vehicle in 6
accordance with this section; 7
(b) He or she has reason to believe that the vehicle displays an unlawfully altered 8
vehicle identification number; 9
(c) The application and any of its copies are illegible or otherwise improperly 10
executed, or contain information reasonably believed to be inaccurate or 11
fraudulent; 12
(d) The documentation required in support of any application is not present, or 13
not consistent with the vehicle and the owner's application or appears 14
fraudulent; or 15
(e) He or she has probable cause to believe the vehicle is stolen. 16
(9) (a) Inspections on motor vehicles that meet the definition of a "historic vehicle" 17
under KRS 186.043(2) and are brought into this state shall be limited to 18
verification of the vehicle identification number with supporting 19
documentation for purposes of titling. 20
(b) Inspections on motor vehicles that meet the definition of a classic motor 21
vehicle project as set forth in KRS 186A.510 shall be limited to verification of 22
the vehicle identification number with supporting documentation for purposes 23
of issuing a classic motor vehicle project certificate of title under KRS 24
186A.535(1). 25
Section 6. KRS 186A.220 is amended to read as follows: 26
(1) Except as otherwise provided in this chapter, when any motor vehicle dealer 27 UNOFFICIAL COPY 23 RS BR 436
Page 18 of 57
XXXX 2/16/2023 9:15 AM Jacketed
licensed in this state buys or accepts[ such] a motor vehicle in trade, which has been 1
previously registered or titled for use in this or another state, and which the 2
dealer[he] holds for resale, the dealer[he] shall not be required to obtain a 3
certificate of title for it, but shall, within fifteen (15) days after acquiring the[such] 4
vehicle, notify the county clerk of the assignment of the motor vehicle to the[his] 5
dealership and pay the required transferor fee. 6
(2) Upon purchasing[ such] a motor vehicle or accepting it in trade, the dealer shall 7
obtain from the[his] transferor, properly executed, all documents required by KRS 8
186A.215, to include the odometer disclosure statement thereon, together with a 9
properly assigned certificate of title. 10
(3) The dealer shall execute his or her application for assignment upon documents 11
designated by the Department of Vehicle Regulation[,] to the county clerk of the 12
county in which the dealer[he] maintains his or her principal place of business. 13
The[Such] clerk shall enter the assignment upon the automated system. 14
(4) (a) The dealer shall retain the properly assigned certificate of title received from 15
the[his] transferor[,] and may make any reassignments thereon until the forms 16
for dealer assignment on the certificate of title are exhausted. 17
(b) The Department of Vehicle Regulation may, if it deems it warranted, provide 18
a special document to allow for additional dealer assignments without 19
requiring system generated documents. 20
(5) (a) When a dealer assigns the vehicle to a purchaser for use, the dealer[he] shall 21
deliver the properly assigned certificate of title, and other documents if 22
appropriate, to the[such] purchaser, who shall make application for 23
registration and a certificate of title thereon. 24
(b) The dealer may, with the consent of the purchaser, deliver the assigned 25
certificate of title, and other appropriate documents of a new or used vehicle, 26
directly to the county clerk, and on behalf of the purchaser, make application 27 UNOFFICIAL COPY 23 RS BR 436
Page 19 of 57
XXXX 2/16/2023 9:15 AM Jacketed
for registration and a certificate of title. In so doing, the dealer shall require 1
from the purchaser proof of insurance in compliance with[as mandated by] 2
KRS 304.39-080 or an affidavit under subsection (3) of Section 1 of this Act 3
before delivering possession of the vehicle. 4
(c) Notwithstanding the provisions of KRS 186.020, 186A.065, 186A.095, 5
186A.215, and 186A.300, if a dealer elects to deliver the title documents to 6
the county clerk and has not received a clear certificate of title from a prior 7
owner, the dealer shall retain the documents in his or her possession until the 8
certificate of title is obtained. 9
(d) When a dealer assigns a vehicle to a purchaser for use under paragraph 10
(a) of this subsection, the transfer and delivery of the vehicle is effective 11
immediately upon the delivery of all necessary legal documents, or copies 12
thereof, including proof of insurance in compliance with[as mandated by] 13
KRS 304.39-080 or an affidavit under subsection (3) of Section 1 of this 14
Act. 15
(6) The department may make available, upon proper application from a licensed motor 16
vehicle dealer, electronic means by which the dealer can interface directly with 17
AVIS and the department. If the department grants this access, all fees currently 18
required for the issuance of a certificate of title shall continue to be charged and 19
remitted to the appropriate parties as provided by statute. 20
(7) The Department of Vehicle Regulation shall assure that the automated system is 21
capable of accepting instructions from the county clerk that a certificate of title 22
shall not be produced under a dealer registration situation. 23
Section 7. KRS 186A.990 is amended to read as follows: 24
(1) Any person who knowingly gives false, fraudulent, or erroneous information in 25
connection with an application for the registration, and when required, titling of a 26
vehicle, or any application for assignment of a vehicle identification number, or 27 UNOFFICIAL COPY 23 RS BR 436
Page 20 of 57
XXXX 2/16/2023 9:15 AM Jacketed
replacement documents, or gives information in connection with his or her review 1
of applications, or falsely certifies the truthfulness and accuracy of information 2
supplied in connection with the registration and when required, titling of a vehicle, 3
shall be guilty of forgery in the second degree. 4
(2) Any person who violates KRS 186A.260 or KRS 186A.275 to 186A.285 shall be 5
guilty of a Class D felony. 6
(3) Any person who violates KRS 186A.300 to 186A.315 shall be guilty of a Class D 7
felony. 8
(4) Any person who operates a motor vehicle or trailer upon the highways of this state 9
without a temporary tag when one is required, or with one that is expired, 10
improperly executed, or displayed on a vehicle other than the one[ (1)] to which it 11
was legitimately and lawfully issued, shall be guilty of a Class B misdemeanor. 12
(5) Any person who violates the disclosure provisions of KRS 186A.530(8) shall be 13
guilty of a Class A misdemeanor. 14
(6) (a) The Department of Vehicle Regulation shall make a notification in AVIS of 15
a violation of subsection (2)(b)3.d. of Section 1 of this Act relating to a 16
motor vehicle, unless at the time of entry, AVIS indicates that: 17
1. Proof of insurance in compliance with Section 20 of this Act or an 18
affidavit under subsection (3) of Section 1 of this Act has been 19
provided on the motor vehicle; or 20
2. The motor vehicle license plate has been surrendered. 21
(b) Members of the Department of Kentucky State Police and local police 22
agencies may seize a motor vehicle license plate if, at the time of seizure: 23
1. AVIS indicates a violation of subsection (2)(b)3.d. of Section 1 of this 24
Act relating to the motor vehicle; and 25
2. The motor vehicle's registration has not been reinstated under 26
subsection (4) of Section 10 of this Act. 27 UNOFFICIAL COPY 23 RS BR 436
Page 21 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(7) Any person who violates any provisions of this chapter, or regulations promulgated 1
pursuant thereto, and for which a specific penalty is not prescribed by statute, shall 2
be guilty of a Class A misdemeanor. 3
(8)[(7)] Criminal remedies or sanctions provided in this chapter are in addition to, and 4
not exclusive of, any other criminal remedies or sanctions provided elsewhere in the 5
statutes. 6
Section 8. KRS 186.021 is amended to read as follows: 7
(1) Except as provided in subsection (2) of this section, a county clerk shall not issue a 8
replacement plate, decal, or registration certificate as provided in KRS 186.180[,] or 9
a registration for renewal to any person who on January 1 of any year owned a 10
motor vehicle on which state, county, city, urban-county government, school, or 11
special taxing district ad valorem taxes are delinquent. 12
(2) (a) Pursuant to KRS 134.810(4), the owner, as defined in KRS 186.010(7)(a) and 13
(c), on January 1 of any year shall be liable for taxes due on a motor vehicle. 14
(b) A person other than the owner of record who applies to a county clerk to 15
transfer the registration of a motor vehicle may pay any delinquent ad valorem 16
taxes due on the motor vehicle to facilitate the county clerk's transferring 17
registration of the motor vehicle. 18
(c) The person applying shall not, as a condition of registration, be required to 19
pay delinquent ad valorem taxes due on any other motor vehicle owned by the 20
owner of record from which the applicant[he] is purchasing the[his] motor 21
vehicle[ as a condition of registration]. 22
(3) (a) A county clerk shall not issue a replacement plate, decal, or registration 23
certificate as provided in KRS 186.180[,] or a registration renewal for any 24
motor vehicle that is not[ insured] in compliance with KRS 304.39-080. 25
(b) Each applicant for registration renewal shall present proof of compliance with 26
Section 20 of this Act to the county clerk in a manner prescribed in 27 UNOFFICIAL COPY 23 RS BR 436
Page 22 of 57
XXXX 2/16/2023 9:15 AM Jacketed
administrative regulations issued by the Department of Insurance. 1
(c) [On and after January 1, 2006, ]If the motor vehicle is a personal motor 2
vehicle as defined in KRS 304.39-087, proof of insurance, if required, shall 3
be determined by the county clerk as provided in KRS 186A.042. 4
Section 9. KRS 186.068 is amended to read as follows: 5
(1) (a) Individual sellers or owners of motor vehicles that would ordinarily be 6
registered under KRS 186.050(3) may obtain a transit tag from the 7
Transportation Cabinet in order to transport the motor vehicle out of state. 8
(b) The fee for each transit tag issued shall be five dollars ($5). 9
(2) A transit tag issued under this section shall be issued only for a motor vehicle which 10
is ineligible for: 11
(a) Registration under KRS 186.050; or 12
(b) Temporary registration under KRS 186A.100. 13
(3) (a) The Transportation Cabinet shall promulgate administrative regulations 14
pursuant to KRS Chapter 13A to establish application forms and procedures 15
for the issuance of transit tags. 16
(b) The application for a transit tag under this section shall be accompanied by 17
proof of vehicle ownership and: 18
1. Proof of insurance coverage in compliance with KRS 304.39-080; or 19
2. An affidavit under subsection (3) of Section 1 of this Act. 20
(4) A transit tag issued under this section shall be placed on a motor vehicle in the same 21
manner as a regular license plate. 22
(5) Transit tags issued under this section shall: 23
(a) Expire fifteen (15) days from the date of issuance;[,] and[ shall ] 24
(b) Be designed in a manner that clearly identifies the expiration date on the face 25
of the tag in a tamper-resistant manner. 26
(6) This section shall not apply to motor vehicle dealers or distributors licensed under 27 UNOFFICIAL COPY 23 RS BR 436
Page 23 of 57
XXXX 2/16/2023 9:15 AM Jacketed
KRS Chapter 190. 1
Section 10. KRS 186.180 is amended to read as follows: 2
(1) (a) If an[the] owner loses his or her copy of a registration or transfer receipt, the 3
owner[he or she] may obtain a duplicate from the county clerk who issued the 4
present owner's copy of the receipt by: 5
1. Presenting the clerk proof of insurance[ on the motor vehicle] in 6
compliance with KRS 304.39-080 or an affidavit under subsection (3) 7
of Section 1 of this Act on the motor vehicle, except that proof of 8
insurance or an affidavit under subsection (3) of Section 1 of this Act 9
shall not be required for duplicates applied for by motor vehicle 10
dealers as defined in KRS 190.010;[, and by ] 11
2. Filing an affidavit, upon a form furnished by the cabinet; and 12
3. Paying[. The owner shall pay to] the clerk a fee of three dollars ($3)[, 13
except proof of insurance shall not be required for duplicates applied for 14
by motor vehicle dealers as defined in KRS 190.010]. 15
(b) When an[the] owner's copy of any registration or transfer receipt shows that 16
the spaces provided thereon for noting and discharging security interests have 17
been exhausted, the owner may obtain a duplicate from[apply to] the county 18
clerk who issued the receipt by:[in order to obtain a duplicate thereof.] 19
1. Surrendering[The owner shall surrender] his or her copy of the current 20
receipt to the clerk;[ and provide ] 21
2. Presenting proof of insurance[ on the motor vehicle] in compliance with 22
KRS 304.39-080 or an affidavit under subsection (3) of Section 1 of 23
this Act on the motor vehicle, except that proof of insurance or an 24
affidavit under subsection (3) of Section 1 of this Act shall not be 25
required for duplicates applied for by motor vehicle dealers as defined 26
in KRS 190.010; and[, before a duplicate may be issued.] 27 UNOFFICIAL COPY 23 RS BR 436
Page 24 of 57
XXXX 2/16/2023 9:15 AM Jacketed
3. Paying[The owner shall pay] the clerk a fee of three dollars ($3)[, 1
except proof of insurance shall not be required for duplicates applied for 2
by motor vehicle dealers as defined in KRS 190.010]. 3
(c) Any security interest which has been discharged as shown by the records of 4
the clerk or upon the owner's copy of the current receipt shall be omitted from 5
the duplicate receipt to be issued by the clerk. 6
(2) (a) If an[the] owner loses a registration plate, the owner[he or she] shall: 7
1. Surrender his or her registration receipt to the county clerk from whom 8
it was obtained; and 9
2. File a written statement as to the loss of the plate. 10
(b) Upon presenting the clerk proof of insurance[ on the motor vehicle] in 11
compliance with KRS 304.39-080 or an affidavit under subsection (3) of 12
Section 1 of this Act on the motor vehicle, and upon the payment of the sum 13
of three dollars ($3) for each plate and a fee of three dollars ($3) to the clerk 14
for his or her services, the owner shall be issued another registration receipt 15
and a plate or plates which shall bear a different number from that of the lost 16
plate. 17
(c) The clerk shall: 18
1. Retain the owner's statement;[ and ] 19
2. Retain, as applicable, a copy of the owner's proof of insurance or 20
affidavit under subsection (3) of Section 1 of this Act;[, and shall ] 21
3. Make a notation on the triplicate copy of the surrendered registration 22
receipt stating the number of the registration receipt replacing it; and[. ] 23
4. Forward the original copy of the surrendered receipt[ shall be 24
forwarded] to the cabinet. 25
(d) The cabinet shall: 26
1. Immediately[forthwith] cancel the registration corresponding to the 27 UNOFFICIAL COPY 23 RS BR 436
Page 25 of 57
XXXX 2/16/2023 9:15 AM Jacketed
number of the lost plate; and 1
2. Report[.] the cancellation[ shall be reported by the cabinet] to the 2
commissioner of the Department of Kentucky State Police. 3
(e) Any person finding a lost registration plate shall deliver it to the 4
Transportation Cabinet or to any county clerk for forwarding it to the cabinet. 5
(3) (a) If an[the] owner moves from one (1) county into another county of the 6
Commonwealth, the owner[he or she] may obtain from the county clerk of 7
his or her county of residence a new registration receipt and registration 8
plate bearing the name of the county of residence by:[. In order to obtain a 9
new registration plate, the owner shall surrender ] 10
1. Surrendering his or her current registration receipt and current 11
registration plate to the county clerk;[. Upon being provided with ] 12
2. Presenting proof of insurance[ on the motor vehicle] in compliance with 13
KRS 304.39-080 or an affidavit under subsection (3) of Section 1 of 14
this Act on the motor vehicle, to the county clerk; and[ shall provide 15
the owner with a new registration receipt and plate bearing the county 16
name] 17
3. Paying a fee of five dollars ($5) to the county clerk, of which the clerk 18
shall be entitled to three dollars ($3) and the cabinet shall be entitled 19
to two dollars ($2). 20
(b) The surrendered receipt and plate shall be forwarded by the county clerk to 21
the[ Transportation] cabinet.[ The fee for this registration shall be five dollars 22
($5) of which the clerk shall be entitled to three dollars ($3) and the cabinet 23
shall be entitled to two dollars ($2).] 24
(4) If an[the] owner's registration is revoked as a result of the provisions set forth in 25
KRS 186A.040(2), the owner may have his or her registration reinstated by the 26
county clerk who issued the present owner's copy of the receipt by[ presenting the 27 UNOFFICIAL COPY 23 RS BR 436
Page 26 of 57
XXXX 2/16/2023 9:15 AM Jacketed
clerk proof of]: 1
(a) Paying the reinstatement fee required under Section 1 of this Act; and 2
(b) Presenting to the county clerk: 3
1. Proof of insurance[ on the motor vehicle] in compliance with KRS 4
304.39-080 or an affidavit under subsection (3) of Section 1 of this Act 5
on the motor vehicle; and[ by filing ] 6
2. An affidavit upon a form furnished by the cabinet[; or 7
(b) A valid compliance or exemption certificate in compliance with KRS 8
224.20-720 or issued under the authority of an air pollution control 9
district under KRS 224.20-760]. 10
(5) [The owner of a motor vehicle that has the vehicle's registration revoked under KRS 11
186.290 shall pay to the clerk a fee of twenty dollars ($20), which shall be equally 12
divided between the county clerk and the cabinet. 13
(6) On and after January 1, 2006, ]If the motor vehicle is a personal motor vehicle as 14
defined in KRS 304.39-087, the proof of insurance required under this section shall 15
be determined by the county clerk as provided in KRS 186A.042. 16
Section 11. KRS 186.232 is amended to read as follows: 17
(1) The county clerk shall not transfer the registration on any motor vehicle or trailer 18
against which a tax lien has been filed until the taxes have been paid and the lien 19
has been released. 20
(2) The county clerk shall not transfer the registration of any motor vehicle unless the 21
transferee presents proof of insurance in compliance with KRS 304.39-080 and 22
KRS 186.190 or an affidavit under subsection (3) of Section 1 of this Act on the 23
motor vehicle. 24
(3) (a) If a notarized affidavit is required and available under KRS 138.450, the 25
county clerk shall not transfer the registration of a motor vehicle unless the 26
notarized affidavit attesting to the total and actual consideration paid or to be 27 UNOFFICIAL COPY 23 RS BR 436
Page 27 of 57
XXXX 2/16/2023 9:15 AM Jacketed
paid for the motor vehicle is presented to the clerk at the time of the transfer. 1
(b) If a notarized affidavit is required but is not available, the county clerk shall 2
contact the Department of Revenue to determine the "retail price" of the 3
vehicle and any taxes due prior to transferring the vehicle. 4
(4) The county clerk shall not transfer title on a motor vehicle if there are delinquent ad 5
valorem taxes on the motor vehicle. 6
Section 12. KRS 186.190 is amended to read as follows: 7
(1) (a) Except as provided for in paragraph (e) of this subsection, when a motor 8
vehicle that has been previously registered changes ownership, the registration 9
plate shall not remain upon the motor vehicle, but shall be retained by the 10
seller and may be transferred to another vehicle owned or leased by the seller 11
in accordance with paragraph (b) or (c) of this subsection. 12
(b) An individual who sells a motor vehicle which has a valid registration plate 13
may transfer that plate to another vehicle of the same classification at the time 14
the individual transfers the vehicle. If the individual does not have a vehicle to 15
transfer the plate to at the time the individual sells a vehicle, the individual 16
may hold the registration plate for the period of registration. At any time 17
during the period of registration, the individual shall notify the county clerk 18
and transfer the plate to a vehicle of the same classification that he or she has 19
obtained prior to operating that vehicle on a public highway. If the plate 20
transfer occurs in the final month in which the existing registration is still 21
valid, the individual shall be required to renew the registration on the newly 22
acquired vehicle. 23
(c) An individual who trades in a motor vehicle with a valid registration plate 24
during the purchase of a motor vehicle from a licensed motor vehicle dealer 25
shall remove the plate from the vehicle offered in trade. A photocopy of the 26
valid certificate of registration shall be included with the application for title 27 UNOFFICIAL COPY 23 RS BR 436
Page 28 of 57
XXXX 2/16/2023 9:15 AM Jacketed
and registration for the purchased vehicle, and the plate shall be retained by 1
the purchaser. The dealer shall equip the purchased vehicle with a temporary 2
tag in accordance with KRS 186A.100 before the buyer may operate it on the 3
highway. When the buyer receives a valid certificate of registration from the 4
county clerk, the buyer shall remove the temporary tag and affix the 5
registration plate to the vehicle. 6
(d) All vehicle transfers and registration plate transfers shall be initiated within 7
the fifteen (15) day period established under KRS 186.020 and 186A.070. 8
(e) This subsection shall not apply to transfers between motor vehicle dealers 9
licensed under KRS Chapter 190. A secured party who repossesses a vehicle 10
shall comply with KRS 186.045(6). 11
(2) (a) A person shall not purchase, sell, or trade any motor vehicle without 12
delivering to the county clerk of the county in which the sale or trade is made: 13
1. The title;[,] and 14
2. A notarized affidavit, if required and available under KRS 138.450, 15
attesting to the total and actual consideration paid or to be paid for the 16
motor vehicle. 17
(b) Except for transactions handled by a motor vehicle dealer licensed pursuant to 18
KRS Chapter 190, the person who is purchasing the vehicle shall present 19
proof of insurance in compliance with KRS 304.39-080 or an affidavit under 20
subsection (3) of Section 1 of this Act on the motor vehicle to the county 21
clerk before the clerk transfers the registration on the vehicle. 22
(c) Proof of compliance with Section 20 of this Act[insurance] shall be in the 23
manner prescribed in administrative regulations promulgated by the 24
Department of Insurance pursuant to KRS Chapter 13A. 25
(d) [On and after January 1, 2006, ]If the motor vehicle is a personal motor 26
vehicle as defined in KRS 304.39-087, proof of insurance, if required, shall 27 UNOFFICIAL COPY 23 RS BR 436
Page 29 of 57
XXXX 2/16/2023 9:15 AM Jacketed
be determined by the county clerk as provided in KRS 186A.042. 1
(3) (a) Upon delivery of the title[,] and a notarized affidavit, if required and available 2
under KRS 138.450, attesting to the total and actual consideration paid or to 3
be paid for the motor vehicle to the county clerk of the county in which the 4
sale or trade was made, the seller shall pay to the county clerk a transfer fee of 5
two dollars ($2), which shall be remitted to the Transportation Cabinet. 6
(b) If an affidavit is required, and available, the signatures on the affidavit shall 7
be individually notarized before the county clerk shall issue to the purchaser a 8
transfer of registration bearing the same data and information as contained on 9
the original registration receipt, except the change in name and address. 10
(c) The seller shall pay to the county clerk a fee of six dollars ($6) for the 11
clerk's[his] services. 12
(4) (a) If the owner junks or otherwise renders a motor vehicle unfit for future use, 13
the owner[he] shall deliver the registration plate and registration receipt to the 14
county clerk of the county in which the motor vehicle is junked. 15
(b) The county clerk shall return the plate and motor vehicle registration receipt 16
to the Transportation Cabinet. 17
(c) The owner shall pay to the county clerk one dollar ($1) for the clerk's[his] 18
services. 19
(5) A licensed motor vehicle dealer shall not be required to pay the transfer fee 20
provided by this section, but shall be required to pay the county clerk's fee provided 21
by this section. 22
(6) The motor vehicle registration receipt issued by the clerk under this section shall 23
contain information required by the Department of Vehicle Regulation. 24
Section 13. KRS 189.281 is amended to read as follows: 25
After June 29, 2021, and until July 1, 2024: 26
(1) As used in this section: 27 UNOFFICIAL COPY 23 RS BR 436
Page 30 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(a) "Local government" means a city, county, charter county government, urban-1
county government, consolidated local government, or unified local 2
government that is located within the boundaries of a regional authority, or 3
the Kentucky Mountain Regional Recreation Authority established under 4
KRS 148.0222, acting on behalf of a local government that is part of the 5
authority; 6
(b) "Off-highway vehicle" or "OHV" means a motorized vehicle that: 7
1. Is designed to be primarily used for recreational purposes; 8
2. Has a maximum speed that is greater than thirty-five (35) miles per 9
hour; 10
3. Is equipped with the following: 11
a. Four (4) to six (6) highway or nonhighway tires; 12
b. A steering wheel or steering mechanism; 13
c. Brakes; 14
d. Headlamps; 15
e. Tail lamps; 16
f. Brake lights; 17
g. One (1) red reflex reflector on each side as far to the rear as 18
practicable and one (1) red reflex reflector on the rear; 19
h. A working muffler; 20
i. A parking brake; 21
j. A spark arrestor; and 22
k. For multi-passenger vehicles, an exterior mirror mounted on the 23
driver's side of the vehicle, either an interior mirror or an exterior 24
mirror mounted on the passenger's side of the vehicle, and for each 25
designated seating position, a seatbelt assembly that conforms to 26
the federal motor vehicle safety standard provided in 49 C.F.R. 27 UNOFFICIAL COPY 23 RS BR 436
Page 31 of 57
XXXX 2/16/2023 9:15 AM Jacketed
sec. 571.209; and 1
(c) "Regional authority" means: 2
1. The Kentucky Mountain Regional Recreation Authority established in 3
KRS 148.0222; and 4
2. Any other authority established in Kentucky Revised Statutes, prior to 5
June 29, 2021, that oversees lands in two (2) or more contiguous 6
counties, on which there is a system of recreational trails, including 7
streams, rivers, and other waterways, and appurtenant facilities, 8
including trailhead centers, parking areas, camping facilities, picnic 9
areas, recreational areas, historic or cultural interpretive sites, and other 10
facilities in Kentucky and designated by the regional authority. 11
(2) (a) The legislative body of a local government that is currently or formerly 12
located within the boundaries of a regional authority, or which currently 13
operates a public OHV trail system, may establish a pilot program, by 14
ordinance, to authorize and regulate the operation of an OHV on any public 15
roadway or any section of city or county roadway for which it bears 16
responsibility. 17
(b) Prior to enacting an OHV ordinance under paragraph (a) of this subsection, 18
the legislative body of a local government shall notify the public of its plans 19
to allow OHV use on roadways under its jurisdiction. Public notice under this 20
paragraph shall: 21
1. Notify the public of the time, subject, and location of the public meeting 22
and shall be posted in both a local newspaper, if any, and a newspaper of 23
general circulation in the county; 24
2. Include a list and map of all roadways and connecting trails that the 25
local government intends to designate for OHV use; and 26
3. Be placed on the website[Web site] of the local government. 27 UNOFFICIAL COPY 23 RS BR 436
Page 32 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(c) A local government may petition the Transportation Cabinet to include, in an 1
OHV ordinance adopted under paragraph (a) of this subsection, state-2
maintained roadways or sections of state-maintained roadways located within 3
the local government's jurisdictional boundaries. The local government shall 4
submit the following to the Transportation Cabinet for approval: 5
1. The minutes from the public meeting or meetings held prior to adoption 6
of an OHV ordinance under this subsection; 7
2. A list and map of all roadways and connecting trails that the local 8
government intends to designate for OHV use; 9
3. An enforcement plan to ensure that all OHVs operating on roadways 10
under this section meet all of the requirements established under this 11
section, including verification of required insurance coverage; 12
4. A plan to notify the public and OHV users of the operation of OHVs on 13
state and local roadways within the boundaries of the local government; 14
5. A safety plan for OHV roadway use; and 15
6. Any other requirements established by the Transportation Cabinet under 16
subsection (16) of this section. 17
(d) The Transportation Cabinet shall, within ninety (90) days of receipt of a 18
petition and all information required in paragraph (c) of this subsection, 19
respond to the local government with approval or denial of the request 20
submitted. 21
(e) Any OHV ordinance adopted under this section shall be adopted at a public 22
meeting. 23
(3) A fully controlled access highway shall not be designated for OHV use under this 24
section. 25
(4) A local government that has enacted an OHV ordinance under this section shall 26
notify the Transportation Cabinet of any collision involving an OHV that occurred 27 UNOFFICIAL COPY 23 RS BR 436
Page 33 of 57
XXXX 2/16/2023 9:15 AM Jacketed
on any roadway approved for OHV use under this section. 1
(5) A person may operate an OHV on a public roadway pursuant to subsection (2) of 2
this section if the: 3
(a) Operator is eighteen (18) years of age or older; 4
(b) Operator has a valid operator's license in his or her possession; 5
(c) OHV is in compliance with Section 20 of this Act[insured by the owner or 6
operator,] for the payment of tort liabilities in the same form and amounts as 7
set forth in KRS 304.39-110 for motorcycles; 8
(d) Proof of compliance with Section 20 of this Act[insurance] is inside the OHV 9
at all times of operation on a public roadway; and 10
(e) OHV is equipped with all safety equipment required under this section. 11
(6) Any person operating an OHV on a public roadway under this section shall be 12
subject to the same traffic regulations of this chapter as a motor vehicle, including 13
KRS 189.520 prohibiting the operation of a vehicle that is not a motor vehicle, 14
while under the influence of intoxicants or substances which may impair driving. 15
(7) A person shall not operate an OHV under this section on any public roadway: 16
(a) Between one (1) hour after sunset and one (1) hour before sunrise, unless the 17
person can demonstrate cause for driving, including but not limited to 18
emergencies; or 19
(b) While carrying passengers on a trailer or any other towed unit. 20
(8) Any passenger of an OHV that is under the age of sixteen (16) shall be required to 21
wear a helmet that meets the national standards prescribed by the United States 22
Department of Transportation. 23
(9) An operator and any passengers shall wear eye protection when operating or riding 24
an OHV that is not equipped with a windshield. 25
(10) (a) The Transportation Cabinet shall be responsible for the cost, placement, and 26
maintenance of signage denoting state highways that have been authorized for 27 UNOFFICIAL COPY 23 RS BR 436
Page 34 of 57
XXXX 2/16/2023 9:15 AM Jacketed
OHV use under this section. 1
(b) The local government shall be responsible for the cost, placement, and 2
maintenance of signage denoting local roadways that have been designated for 3
OHV use under this section. 4
(c) The local government shall be responsible for monthly inspection of state and 5
local OHV signage. 6
(11) An OHV operating on a public roadway designated by a local government under 7
subsection (2) of this section is not considered to be a motor vehicle and shall be 8
exempt from: 9
(a) Vehicle registration requirements of KRS 186.050; and 10
(b) Emissions compliance certificates pursuant to KRS 224.20-720. 11
(12) A local government may adopt more stringent local ordinances governing OHV 12
safety equipment and operation than specified in this section. 13
(13) If deemed in the interest of public safety, the Transportation Cabinet may: 14
(a) Prohibit the operation of an OHV on any public roadway designated under 15
subsection (2) of this section that crosses a state-maintained roadway; or 16
(b) Rescind approval given under subsection (2)(d) of this section. 17
(14) This section shall not apply to: 18
(a) An OHV operated on any private or public recreational trail or area; 19
(b) An OHV operating under the exemptions for highway use under KRS 20
189.515; or 21
(c) A publicly owned and operated OHV used for wildlife management, law 22
enforcement, emergency services, or other governmental purposes. 23
(15) Nothing in this section shall be interpreted or construed to require an insurance 24
company to provide OHV insurance coverage. 25
(16) The Transportation Cabinet shall promulgate administrative regulations pursuant to 26
KRS Chapter 13A to implement this section, including but not limited to: 27 UNOFFICIAL COPY 23 RS BR 436
Page 35 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(a) Prescribing of any forms or applications needed; 1
(b) Establishing criteria for OHV ordinances; 2
(c) Establishing OHV enforcement requirements; 3
(d) Establishing criteria for rescinding approval pursuant to subsection (13) of 4
this section; 5
(e) Establishing OHV safety requirements; 6
(f) Establishing OHV safety equipment verification protocol; and 7
(g) Establishing OHV safety plan requirements. 8
Section 14. KRS 189.282 is amended to read as follows: 9
(1) As used in this section, "low-speed vehicle" shall have the same meaning as in KRS 10
186.010. 11
(2) A person may operate a low-speed vehicle on a highway if: 12
(a) The vehicle meets the federal motor vehicle safety standards for low-speed 13
vehicles set forth in 49 C.F.R. sec. 571.500; 14
(b) The vehicle displays a seventeen (17) character vehicle identification number 15
that meets the requirements set forth in 49 C.F.R. 565; 16
(c) The posted speed limit of the highway is thirty-five (35) miles per hour or 17
less; 18
(d) The operator of the low-speed vehicle does not cross a roadway at an at-grade 19
intersection where the roadway being crossed has a posted speed limit of more 20
than thirty-five (35) miles per hour unless the intersection is equipped with an 21
electronic traffic signal; 22
(e) The operator has a valid operator's license in his or her possession; and 23
(f) The low-speed vehicle has not been modified to increase its speed above its 24
original standard manufactured limit. 25
(3) A low-speed vehicle operating on a highway shall be[ insured] in compliance with 26
KRS 304.39-080[ by the owner or operator], and[ the] proof of 27 UNOFFICIAL COPY 23 RS BR 436
Page 36 of 57
XXXX 2/16/2023 9:15 AM Jacketed
compliance[insurance] shall be inside the vehicle at all times of operation on a 1
highway. 2
(4) A low-speed vehicle operating on a highway is considered to be a motor vehicle as 3
defined in KRS 186.010 and shall be: 4
(a) Titled in accordance with KRS Chapter 186A; and 5
(b) Registered as a motor vehicle in accordance with KRS 186.050(3)(a). 6
(5) An operator of a low-speed vehicle operating on a highway shall: 7
(a) Comply with the traffic regulations of KRS Chapter 189; and[ shall ] 8
(b) Be subject to the provisions of KRS Chapter 189A. 9
Section 15. KRS 189.284 is amended to read as follows: 10
(1) As used in this section, "alternative-speed motorcycle" shall have the same meaning 11
as in KRS 186.010. 12
(2) A person may operate an alternative-speed motorcycle on a highway if: 13
(a) The motorcycle bears a sticker, affixed by the manufacturer or dealer, on the 14
left side of the rear window that indicates the vehicle's maximum speed 15
rating; 16
(b) The motorcycle is equipped with: 17
1. Headlights, front and rear turn signal lights, taillights, and brake lights; 18
2. Three (3) red reflectors, two (2) of which must be placed on each side as 19
far to the rear of the vehicle as practicable, and one (1) of which must be 20
placed on the rear of the vehicle; 21
3. An exterior mirror mounted on the driver's side of the vehicle and either 22
an exterior mirror mounted on the passenger's side of the vehicle or an 23
interior mirror; 24
4. A parking brake; 25
5. A windshield that conforms to the federal motor vehicle safety standard 26
provided in 49 C.F.R. 571.205; 27 UNOFFICIAL COPY 23 RS BR 436
Page 37 of 57
XXXX 2/16/2023 9:15 AM Jacketed
6. A seatbelt assembly that conforms to the federal motor vehicle safety 1
standard provided in 49 C.F.R. 571.209; and 2
7. A roll bar, roll cage, or crushproof body design; 3
(c) The posted speed limit of the highway is thirty-five (35) miles per hour or 4
less; 5
(d) The operator of the alternative-speed vehicle does not cross a roadway at an 6
at-grade intersection where the roadway being crossed has a posted speed 7
limit of more than thirty-five (35) miles per hour unless the intersection is 8
equipped with an electronic traffic signal; 9
(e) The operator has a valid motorcycle operator's license in his or her 10
possession; and 11
(f) The alternative-speed motorcycle has not been modified to increase its speed 12
above its original standard manufactured limit. 13
(3) An alternative-speed motorcycle operating on a highway shall be[ insured] in 14
compliance with KRS 304.39-080[ by the owner or operator], and[ the] proof of 15
compliance[insurance] shall be inside the vehicle at all times of operation on a 16
highway. 17
(4) An alternative-speed motorcycle operating on a highway is considered to be a 18
motorcycle as defined in KRS 186.010 and shall be: 19
(a) Titled in accordance with KRS Chapter 186A; and 20
(b) Registered as a motorcycle in accordance with KRS 186.050(2). 21
(5) An operator of an alternative-speed motorcycle shall be exempt from the protective 22
headgear requirements of KRS 189.285. 23
(6) Except as provided in this section, an operator of an alternative-speed motorcycle 24
operating on a highway shall comply with the traffic regulations of KRS Chapter 25
189 and shall be subject to the provisions of KRS Chapter 189A. 26
Section 16. KRS 189.2851 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS BR 436
Page 38 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(1) As used in this section, "motor scooter" has the same meaning as in KRS 186.010. 1
(2) A person may operate a motor scooter on a highway if the operator has a valid 2
motorcycle operator's license or motorcycle instructional permit in his or her 3
possession. 4
(3) A motor scooter operating on a highway is considered to be a motorcycle as defined 5
in KRS 186.010 and shall be: 6
(a) Titled in accordance with KRS Chapter 186A; and 7
(b) Registered as a motorcycle in accordance with KRS 186.050(2). 8
(4) A motor scooter operating on a highway shall be[ insured] in compliance with 9
Section 20 of this Act[KRS 304.39-110 by the owner or operator], and[ the] proof 10
of compliance[insurance] shall be in possession of the operator at all times of 11
operation on a highway. 12
(5) A person operating a motor scooter on a highway shall: 13
(a) Comply with the traffic regulations of this chapter;[,] 14
(b) Meet the same equipment standards as those for motorcycles in this 15
chapter;[,] and[ shall ] 16
(c) Be subject to the provisions of KRS Chapter 189A. 17
(6) A person operating a motor scooter shall be subject to the protective headgear 18
requirements of KRS 189.285. 19
Section 17. KRS 189.286 is amended to read as follows: 20
(1) As used in this section: 21
(a) "Golf cart" means any self-propelled vehicle that: 22
1. Is designed for the transportation of players or maintaining equipment 23
on a golf course, while engaged in the playing of golf, supervising the 24
play of golf, or maintaining the condition of the grounds on a golf 25
course; 26
2. Has a minimum of four (4) wheels; 27 UNOFFICIAL COPY 23 RS BR 436
Page 39 of 57
XXXX 2/16/2023 9:15 AM Jacketed
3. Is designed to operate at a speed of not more than thirty-five (35) miles 1
per hour; 2
4. Is designed to carry not more than six (6) persons, including the driver; 3
5. Has a maximum gross vehicle weight of two thousand five hundred 4
(2,500) pounds; 5
6. Has a maximum rated payload capacity of one thousand two hundred 6
(1,200) pounds; and 7
7. Is equipped with the following: 8
a. Headlamps; 9
b. Tail lamps; 10
c. Stop lamps; 11
d. Front and rear turn signals; 12
e. One (1) red reflex reflector on each side as far to the rear as 13
practicable, and one (1) red reflex reflector on the rear; 14
f. An exterior mirror mounted on the driver's side of the vehicle and 15
either an exterior mirror mounted on the passenger's side of the 16
vehicle or an interior mirror; 17
g. A parking brake; 18
h. For each designated seating position, a seatbelt assembly that 19
conforms to the federal motor vehicle safety standard provided in 20
49 C.F.R. sec. 571.209; and 21
i. A horn that meets the requirements of KRS 189.080; and 22
(b) "Local government" means a city, county, charter county government, urban-23
county government, consolidated local government, unified local government, 24
or special district. 25
(2) The governing body of a local government may authorize and regulate the operation 26
of a golf cart on any public roadway under its jurisdiction if the local government 27 UNOFFICIAL COPY 23 RS BR 436
Page 40 of 57
XXXX 2/16/2023 9:15 AM Jacketed
adopts an ordinance specifying each roadway that is open for golf cart use. 1
(3) An ordinance created under subsection (2) of this section shall require that a golf 2
cart operated on a designated public roadway: 3
(a) Be issued a permit for the golf cart by the local government; 4
(b) Display a sticker or permit that identifies that the golf cart is allowed to be 5
operated on specific roadways within the local government; and 6
(c) Be inspected by a certified inspector designated by the county sheriff and 7
certified through the Department of Vehicle Regulation to ensure that the golf 8
cart complies with the requirements of this section. The inspection fee under 9
this paragraph shall not exceed five dollars ($5) with an additional fee not to 10
exceed ten dollars ($10) per trip charged if it becomes necessary for the 11
certified inspector to travel to the site of the golf cart rather than having the 12
golf cart brought to the sheriff's inspection area. 13
(4) A person may operate a golf cart on a public roadway pursuant to subsection (2) of 14
this section if: 15
(a) The posted speed limit of the designated public roadway is thirty-five (35) 16
miles per hour or less; 17
(b) The operator of the golf cart does not cross a roadway at an intersection where 18
the roadway being crossed has a posted speed limit of more than thirty-five 19
(35) miles per hour; 20
(c) The operator has a valid operator's license in his or her possession; and 21
(d) The golf cart displays a slow-moving vehicle emblem in compliance with 22
KRS 189.820. 23
(5) A golf cart operating on a public roadway under subsection (2) of this section shall 24
be[ insured] in compliance with KRS 304.39-080[ by the owner or operator], and[ 25
the] proof of compliance[insurance] shall be inside the golf cart at all times of 26
operation on a public roadway. 27 UNOFFICIAL COPY 23 RS BR 436
Page 41 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(6) Any person operating a golf cart on a public roadway under the provisions of this 1
section shall be subject to the traffic regulations of KRS Chapter 189. 2
(7) A golf cart operating on a public roadway designated by a local government under 3
subsection (2) of this section is not considered to be motor a vehicle and is exempt 4
from: 5
(a) Title requirements of KRS 186.020; 6
(b) Vehicle registration requirements of KRS 186.050; and 7
(c) Emissions compliance certificates pursuant to KRS 224.20-720. 8
(8) A local government may adopt more stringent local ordinances governing golf cart 9
safety equipment and operation than specified in this section. 10
(9) The Transportation Cabinet may prohibit the operation of a golf cart on a public 11
roadway designated under subsection (2) of this section that crosses a state-12
maintained highway under its jurisdiction if it determines that such prohibition is 13
necessary in the interest of public safety. 14
(10) The provisions of this section shall not apply to a golf cart that is not used on a 15
public roadway except to cross a roadway while following a golf cart path on a golf 16
course. 17
Section 18. KRS 189.288 is amended to read as follows: 18
(1) As used in this section, "autocycle" has the same meaning as in KRS 186.010. 19
(2) (a) A person may operate an autocycle on a highway if the operator has a valid 20
operator's license in his or her possession. 21
(b) An operator of an autocycle shall not be required to obtain a motorcycle 22
license or endorsement. 23
(3) An autocycle operating on a highway shall be[ insured] in compliance with Section 24
20 of this Act[KRS 304.39-110 by the owner or operator], and[ the] proof of 25
compliance[insurance] shall be inside the vehicle at all times of operation on a 26
highway. 27 UNOFFICIAL COPY 23 RS BR 436
Page 42 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(4) An autocycle operating on a highway is considered to be a motorcycle as defined in 1
KRS 186.010 and shall be: 2
(a) Titled in accordance with KRS Chapter 186A; and 3
(b) Registered as a motorcycle in accordance with KRS 186.050(2). 4
(5) A person operating an autocycle on a highway shall: 5
(a) Comply with the traffic regulations of KRS Chapter 189; and[ shall ] 6
(b) Be subject to the provisions of KRS Chapter 189A. 7
(6) An operator of an autocycle shall be exempt from the protective headgear 8
requirements of KRS 189.285. 9
Section 19. KRS 189.636 is amended to read as follows: 10
If, in the investigation of any motor vehicle accident or traffic violation it appears that 11
any vehicle involved therein is not in compliance with Section 20 of this Act[uninsured], 12
the law enforcement officer making the investigation shall issue a citation to the owner of 13
the vehicle requiring that[such] owner to appear in a court of proper jurisdiction for 14
violation of Section 20 of this Act[KRS 304.39-110]. 15
Section 20. KRS 304.39-080 is amended to read as follows: 16
(1) (a) "Security covering the vehicle" is the insurance or other security so provided. 17
(b) The vehicle for which the security is so provided is the "secured vehicle." 18
(2) "Basic reparation insurance" includes a contract, self-insurance, or other legal 19
means under which the obligation to pay basic reparation benefits arises. 20
(3) This Commonwealth, its political subdivisions, municipal corporations, and public 21
agencies may continuously provide, pursuant to subsection (6) of this section, 22
security for the payment of basic reparation benefits in accordance with this subtitle 23
for injury arising from maintenance or use of motor vehicles owned by those 24
entities and operated with their permission. 25
(4) The United States and its public agencies and any other state, its political 26
subdivisions, municipal corporation, and public agencies may provide, pursuant to 27 UNOFFICIAL COPY 23 RS BR 436
Page 43 of 57
XXXX 2/16/2023 9:15 AM Jacketed
subsection (6) of this section, security for the payment of basic reparation benefits 1
in accordance with this subtitle for injury arising from maintenance or use of motor 2
vehicles owned by those entities and operated with their permission. 3
(5) (a) Except for entities described in subsections (3) and (4) of this section and 4
except as provided in paragraph (b) of this subsection, every owner or 5
operator of a motor vehicle registered in this Commonwealth or operated in 6
this Commonwealth with an owner's permission shall continuously provide 7
with respect to the motor vehicle while it is either present or registered in this 8
Commonwealth, and any other person may provide with respect to any motor 9
vehicle, by a contract of insurance or by qualifying as a self-insurer, security 10
for the payment of basic reparation benefits in accordance with this subtitle 11
and security for payment of tort liabilities, arising from maintenance or use of 12
the motor vehicle. 13
(b) The security described in paragraph (a) of this subsection shall not be 14
required during any period that an affidavit presented under subsection (3) 15
of Section 1 of this Act is in effect. 16
(c) The owner of a motor vehicle who fails to maintain security on a motor 17
vehicle in accordance with this subsection shall have his or her motor vehicle 18
registration revoked in accordance with KRS 186A.040 and shall be subject to 19
the penalties in KRS 304.99-060. 20
(d) An owner who permits another person to operate a motor vehicle without 21
security on the motor vehicle as required by this subtitle shall be subject to the 22
penalties in KRS 304.99-060. 23
(6) Security may be provided by a contract of insurance or by qualifying as a self-24
insurer or obligated government in compliance with this subtitle. 25
(7) Self-insurance, subject to approval of the commissioner[ of insurance], is effected 26
by filing with the commissioner in satisfactory form: 27 UNOFFICIAL COPY 23 RS BR 436
Page 44 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(a) A continuing undertaking by the owner or other appropriate person to pay tort 1
liabilities or basic reparation benefits, or both, and to perform all other 2
obligations imposed by this subtitle; 3
(b) Evidence that appropriate provision exists for prompt and efficient 4
administration of all claims, benefits, and obligations provided by this 5
subtitle; and 6
(c) Evidence that reliable financial arrangements, deposits, or commitments exist 7
providing assurance, substantially equivalent to that afforded by a policy of 8
insurance, complying with this subtitle, for payment of tort liabilities, basic 9
reparation benefits, and all other obligations imposed by this subtitle. 10
(8) An entity described in subsection (3) or (4) of this section may provide security by 11
lawfully obligating itself to pay basic reparation benefits in accordance with this 12
subtitle. 13
(9) (a) A person providing security pursuant to subsection (7) of this section is a 14
"self-insurer." 15
(b) An entity described in subsection (3) or (4) of this section that has provided 16
security pursuant to subsection (6) of this section is an "obligated 17
government." 18
Section 21. KRS 304.39-110 is amended to read as follows: 19
(1) Except as provided in this section, the requirement of security for payment of basic 20
reparation benefits and tort liabilities under Section 20 of this Act is fulfilled by 21
providing: 22
(a) Either: 23
1. Split limits liability coverage of not less than twenty-five thousand 24
dollars ($25,000) for all damages arising out of bodily injury sustained 25
by any one (1) person, and not less than fifty thousand dollars ($50,000) 26
for all damages arising out of bodily injury sustained by all persons 27 UNOFFICIAL COPY 23 RS BR 436
Page 45 of 57
XXXX 2/16/2023 9:15 AM Jacketed
injured as a result of any one (1) accident, plus liability coverage of not 1
less than twenty-five thousand dollars ($25,000) for all damages arising 2
out of damage to or destruction of property, including the loss of use 3
thereof, as a result of any one (1) accident arising out of ownership, 4
maintenance, use, loading, or unloading, of the secured vehicle; or 5
2. Single limits liability coverage of not less than sixty thousand dollars 6
($60,000) for all damages whether arising out of bodily injury or 7
damage to property as a result of any one (1) accident arising out of 8
ownership, maintenance, use, loading, or unloading, of the secured 9
vehicle; 10
(b) That the liability coverages apply to accidents during the contract period in a 11
territorial area not less than the United States of America, its territories and 12
possessions, and Canada; and 13
(c) Basic reparation benefits, as defined in KRS 304.39-020(2), in accordance 14
with this subtitle. 15
(2) (a) Subject to the provisions on approval of terms and forms, the requirement of 16
security for payment of tort liabilities may be met by a contract the coverage 17
of which is secondary or excess to other applicable valid and collectible 18
liability insurance. 19
(b) To the extent[ the] secondary or excess coverage applies to liability within the 20
minimum security required by this subtitle, the coverage[ it] must be subject 21
to conditions consistent with the system of required liability insurance 22
established by this subtitle. 23
(3) Security for a motorcycle is fulfilled by providing only the coverages set forth in 24
subsections (1)(a) and (b) of this section. 25
(4) Each insurer that offers an insurance contract that provides security covering a 26
motor vehicle shall offer, upon request, a policy period of twelve (12) months. 27 UNOFFICIAL COPY 23 RS BR 436
Page 46 of 57
XXXX 2/16/2023 9:15 AM Jacketed
Section 22. KRS 304.39-117 is amended to read as follows: 1
(1) (a) Each insurer issuing an insurance contract that[which] provides security 2
covering a motor vehicle shall provide to the insured, in compliance with 3
administrative regulations promulgated by the commissioner[department], 4
written proof in the form of an insurance card that the insured has in effect an 5
insurance contract providing security in conformity with this subtitle. 6
(b) An insurer may provide an insurance card in either a paper or an electronic 7
format. 8
(2) If an owner enters into an insurance contract on a newly acquired motor vehicle, or 9
changes insurance carriers on an existing motor vehicle, the owner shall: 10
(a) Keep the[ paper] insurance card for the motor vehicle in either a paper or an 11
electronic format[or a portable electronic device to download the insurance 12
card] in the[his or her] motor vehicle;[ for forty-five (45) days from the date 13
the coverage took effect as prima facie evidence that the required security is 14
currently in full force and effect,] and[ shall ] 15
(b) Show the insurance card for the motor vehicle in either a paper or an 16
electronic format to a peace officer upon request. 17
(3) A[As to personal motor vehicles as defined in KRS 304.39-087, the paper or 18
electronic insurance card or the database created by KRS 304.39-087 shall be 19
evidence to a peace officer who requests the card if the peace officer has access to 20
the database through AVIS. If AVIS does not list the vehicle identification number 21
of the personal motor vehicle as an insured vehicle, the] peace officer shall[may] 22
accept the following[a paper or electronic insurance card] as prima facie evidence 23
that the[ required] security required under this subtitle is currently in full force and 24
effect on a[the personal] motor vehicle: 25
(a) An insurance card in either a paper or electronic format for the motor 26
vehicle, if: 27 UNOFFICIAL COPY 23 RS BR 436
Page 47 of 57
XXXX 2/16/2023 9:15 AM Jacketed
1. The card was effective no more than forty-five (45) days before the date 1
on which the peace officer requests the card; or 2
2. The peace officer does not have access to information about the motor 3
vehicle's compliance with Section 20 of this Act in AVIS; 4
(b) An affidavit under subsection (3) of Section 1 of this Act in either a paper or 5
electronic format for the motor vehicle if the peace officer does not have 6
access to information about the motor vehicle's compliance with Section 20 7
of this Act in AVIS; or 8
(c) If the peace officer has access to information about the motor vehicle's 9
compliance with Section 20 of this Act in AVIS: 10
1. For personal motor vehicles as defined in KRS 304.39-087, AVIS lists 11
the vehicle identification number of the personal motor vehicle as an 12
insured vehicle; 13
2. For motor vehicles that are not personal motor vehicles as defined in 14
KRS 304.39-087, there is not an indication in AVIS that the 15
Department of Vehicle Regulation has received a notification for the 16
motor vehicle under subsection (2)(a) of Section 1 of this Act; or 17
3. AVIS indicates that an affidavit under subsection (3) of Section 1 of 18
this Act is in force for the motor vehicle. 19
(4) For purposes of this section: 20
(a) An insurance card or affidavit in an electronic format means the display of an 21
image on any[ portable] electronic device, including a cellular phone or any 22
other type of portable electronic device, depicting a current valid 23
representation of the card or affidavit; 24
(b) Whenever a person presents an[a mobile] electronic device pursuant to this 25
section, that person assumes all liability for any damage to the[ mobile] 26
electronic device; and 27 UNOFFICIAL COPY 23 RS BR 436
Page 48 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(c) When a person provides evidence of financial responsibility using an[a 1
mobile] electronic device to a peace officer, the peace officer shall only view 2
the electronic image of the insurance card or affidavit and is prohibited from 3
viewing any other content on the[ mobile] electronic device. 4
Section 23. KRS 304.99-060 is amended to read as follows: 5
(1) (a) The owner of any vehicle who fails to have in full force and effect the security 6
required by Subtitle 39 of this chapter shall: 7
1. a. For the first offense within any three (3) year period, produce 8
proof of security and a receipt showing that a premium for a 9
minimum policy period of six (6) months has been paid. 10
b. If the owner fails to produce the proof of security required under 11
this subparagraph, the court may fine the owner not more[be 12
fined not less] than five hundred dollars ($500)[ nor more than one 13
thousand dollars ($1,000), or sentenced to not more than ninety 14
(90) days in jail, or both]; or 15
2. a. [Have the registration of the motor vehicle revoked and the license 16
plates of the vehicle suspended for a period of one (1) year or until 17
such time as proof, in a form satisfactory to the commissioner, is 18
furnished that the security is then and will remain in effect; and 19
3. ]For the second and each subsequent offense within any three 20
(3)[five (5)] year period, produce proof of security and a receipt 21
showing that a premium for a minimum policy period of twelve 22
(12) months has been paid. 23
b. If the owner fails to produce the proof of security required under 24
this subparagraph, the court may fine the owner not more[have 25
his or her operator's license revoked in accordance with KRS 26
186.560, and may be sentenced to one hundred and eighty (180) 27 UNOFFICIAL COPY 23 RS BR 436
Page 49 of 57
XXXX 2/16/2023 9:15 AM Jacketed
days in jail, or fined not less] than one thousand dollars ($1,000)[ 1
nor more than two thousand five hundred dollars ($2,500), or 2
both]. 3
(b) [Penalties under paragraph (a) of this subsection for the first offense are 4
subject to conditional discharge, suspension, or other forms of reduction of 5
penalty by judicial discretion upon production of proof of security. 6
(c) For the second and each subsequent offense, minimum fines, suspensions, and 7
penalties under paragraph (a) of this subsection are subject to conditional 8
discharge, suspension, or other forms of reduction of penalty, by judicial 9
discretion only upon production of proof of security and a receipt showing 10
that a premium for a minimum policy period of six (6) months has been paid. 11
(d) Upon expiration of the minimum six (6) month policy period, the court shall 12
order the vehicle owner to appear before it to verify renewal of the security 13
required by Subtitle 39 of this chapter by production of proof of security and a 14
receipt showing that a premium for a minimum six (6) month policy period 15
has been paid. 16
(e) ]Except as provided in subsection (6) of this section, failure to appear shall 17
result in the suspension of the vehicle owner's operator's license pursuant to 18
KRS 186.570. 19
[(f) Unless uninterrupted coverage is maintained, cancellation or expiration of the 20
procured security before the end of the minimum six (6) month policy period 21
shall be a Class B misdemeanor. 22
(g) Unless the requirement of paragraph (d) of this subsection is satisfied, the 23
court shall revoke any conditional discharge, suspension, or other form of 24
reduction of penalty granted under paragraph (c) of this subsection.] 25
(2) (a) A person who operates a motor vehicle without security on the motor vehicle 26
as required by Subtitle 39 of this chapter shall be subject to the same 27 UNOFFICIAL COPY 23 RS BR 436
Page 50 of 57
XXXX 2/16/2023 9:15 AM Jacketed
penalties as owners under subsection (1) of this section.[: 1
(a) Be fined not less than five hundred dollars ($500) nor more than one thousand 2
dollars ($1,000) or sentenced to not more than ninety (90) days in jail, or both; 3
and] 4
(b) For purposes of this subsection, "without security on the motor vehicle" 5
means without security provided under an insurance contract or self-6
insurance maintained by either the owner or the operator of the motor 7
vehicle[For the second and each subsequent offense within any five (5) year 8
period, have his or her operator's license revoked in accordance with KRS 9
186.560, and may be sentenced to not more than one hundred eighty (180) 10
days in jail or fined not less than one thousand dollars ($1,000) nor more than 11
two thousand five hundred dollars ($2,500), or both]. 12
(3) If the person who operates a motor vehicle without security on the motor vehicle as 13
required by Subtitle 39 of this chapter is also the owner of the motor vehicle, the 14
person shall be subject to penalties under both subsection (1) and subsection (2) of 15
this section. 16
(4) The following shall be subject to a civil penalty of not less than one thousand 17
dollars ($1,000) nor more than five thousand dollars ($5,000) for each violation: 18
(a) Any person or entity that presents, causes to be presented, or collects payment 19
on a bill or claim for health care services that the person or entity knows or 20
should know were referred in violation of KRS 304.39-215; and 21
(b) Any person or entity that knowingly fails to make a timely refund required by 22
KRS 304.39-215. 23
(5) A health care provider or other person or entity that enters into an arrangement or 24
scheme that the provider, person, or entity knows or should know has a principal 25
purpose of assuring referrals by the provider that, if made directly by the provider, 26
would be in violation of KRS 304.39-215 shall be subject to a civil penalty of not 27 UNOFFICIAL COPY 23 RS BR 436
Page 51 of 57
XXXX 2/16/2023 9:15 AM Jacketed
less than five thousand dollars ($5,000) nor more than twenty-five thousand dollars 1
($25,000) per arrangement or scheme. 2
(6) (a) Any person who can show proof of insurance on a motor vehicle in 3
compliance with Section 20 of this Act, or that an affidavit under subsection 4
(3) of Section 1 of this Act was in effect for a motor vehicle, at the time that 5
a citation or other charge was issued against the person for violation of 6
subsection (1), (2), or (3) of this section with respect to the motor vehicle 7
may present, in person or by paper or electronic mail, the proof of 8
insurance or affidavit to the circuit clerk of the county where the citation or 9
charge was issued. 10
(b) Upon receipt of the proof of insurance or affidavit under paragraph (a) of 11
this subsection, the charge or charges against the person shall be dismissed 12
and no fees or costs shall be imposed. 13
(c) A person presenting proof of insurance or an affidavit under paragraph (a) 14
of this subsection: 15
1. May present the proof of insurance or affidavit in paper or electronic 16
format; and 17
2. Shall not be required to appear in court to present the proof of 18
insurance or affidavit. 19
(d) For purposes of this section: 20
1. Proof of insurance or an affidavit in an electronic format means the 21
display of an image on any electronic device, including a cellular 22
phone or any other type of portable electronic device, depicting a 23
current valid representation of the proof of insurance or affidavit; and 24
2. The circuit clerk may require the person to e-mail the electronic proof 25
of insurance or affidavit to the clerk, and the clerk may print a copy of 26
the proof of insurance or affidavit for the clerk's records. 27 UNOFFICIAL COPY 23 RS BR 436
Page 52 of 57
XXXX 2/16/2023 9:15 AM Jacketed
Section 24. KRS 431.078 is amended to read as follows: 1
(1) Any person who has been convicted of: 2
(a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a 3
misdemeanor or violation, or a series of misdemeanors, violations, or traffic 4
infractions arising from a single incident; or 5
(b) A series of misdemeanors, violations, or traffic infractions not arising from a 6
single incident; 7
may petition the court in which he or she was convicted for expungement of the 8
person's[his] misdemeanor or violation record within that judicial district, including 9
a record of any charges for misdemeanors, violations, or traffic infractions that were 10
dismissed or amended in the criminal action. The person shall be informed of the 11
right at the time of adjudication. 12
(2) (a) Except as provided in KRS 218A.275(8),[ and] 218A.276(8), and paragraph 13
(b) of this subsection, the petition shall be filed no sooner than five (5) years 14
after the completion of the person's sentence or five (5) years after the 15
successful completion of the person's probation, whichever occurs later. 16
(b) A petition seeking expungement of any conviction referenced in subsection 17
(6) of this section shall be filed no sooner than two (2) years after the date 18
of the conviction. 19
(3) Upon the filing of a petition, the court shall set a date for a hearing, no sooner than 20
thirty (30) days after the filing of the petition, and shall notify the county attorney; 21
the victim of the crime, if there was an identified victim; and any other person 22
whom the person filing the petition has reason to believe may have relevant 23
information related to the expungement of the record. Inability to locate the victim 24
shall not delay the proceedings in the case or preclude the holding of a hearing or 25
the issuance of an order of expungement. 26
(4) Except as provided in subsection (6) of this section, for a petition brought under 27 UNOFFICIAL COPY 23 RS BR 436
Page 53 of 57
XXXX 2/16/2023 9:15 AM Jacketed
subsection (1)(a) of this section, the court shall order expunged all records in the 1
custody of the court and any records in the custody of any other agency or official, 2
including law enforcement records, if at the hearing the court finds that: 3
(a) The offense was not a sex offense or an offense committed against a child; 4
(b) The person had not in the five (5) years prior to the filing of the petition for 5
expungement been convicted of a felony or a misdemeanor; 6
(c) No proceeding concerning a felony or misdemeanor is pending or being 7
instituted against the person; and 8
(d) The offense is not one subject to enhancement for a second or subsequent 9
offense or the time for such an enhancement has expired. 10
(5) Except as provided in subsection (6) of this section, for a petition brought under 11
subsection (1)(b) of this section, the court may order expunged all records in the 12
custody of the court and any records in the custody of any other agency or official, 13
including law enforcement records, if at the hearing the court finds that: 14
(a) The offense was not a sex offense or an offense committed against a child; 15
(b) The person had not in the five (5) years prior to the filing of the petition for 16
expungement been convicted of a felony or a misdemeanor; 17
(c) No proceeding concerning a felony or misdemeanor is pending or being 18
instituted against the person; and 19
(d) The offense is not one subject to enhancement for a second or subsequent 20
offense or the time for such an enhancement has expired. 21
(6) (a) If a petition brought under subsection (1)(a) or (b) of this section includes 22
one (1) or more convictions under subsection (1), (2), or (3) of Section 23 of 23
this Act, the court shall order expunged all records in the custody of the 24
court and any records in the custody of any other agency or official, 25
including law enforcement records, of the conviction or convictions if, at 26
the hearing, the court finds that the person has not, in the two (2) years 27 UNOFFICIAL COPY 23 RS BR 436
Page 54 of 57
XXXX 2/16/2023 9:15 AM Jacketed
prior to the filing of the petition, been convicted under subsection (1), (2), or 1
(3) of Section 23 of this Act. 2
(b) This subsection shall be retroactively and prospectively applied to 3
convictions occurring prior to and after the effective date of this Act. 4
(7) Upon the entry of an order to expunge the records, the proceedings in the case shall 5
be deemed never to have occurred; the court and other agencies shall cause records 6
to be deleted or removed from their computer systems so that the matter shall not 7
appear on official state-performed background checks; the persons and the court 8
may properly reply that no record exists with respect to the persons upon any 9
inquiry in the matter; and the person whose record is expunged shall not have to 10
disclose the fact of the record or any matter relating thereto on an application for 11
employment, credit, or other type of application. 12
(8)[(7)] The filing fee for a petition under this section shall be one hundred dollars 13
($100). The first fifty dollars ($50) of each fee collected pursuant to this subsection 14
shall be deposited into a trust and agency account for deputy clerks and shall not be 15
refundable. 16
(9)[(8)] Copies of the order shall be sent to each agency or official named therein. 17
(10)[(9)] Inspection of the records included in the order may thereafter be permitted by 18
the court only upon petition by the person who is the subject of the records and only 19
to those persons named in the petition. 20
(11)[(10)] This section shall be deemed to be retroactive, and any person who has been 21
convicted of a misdemeanor prior to July 14, 1992, may petition the court in which 22
he or she was convicted, or if he was convicted prior to the inception of the District 23
Court to the District Court in the county where he now resides, for expungement of 24
the record of one (1) misdemeanor offense or violation or a series of misdemeanor 25
offenses or violations arising from a single incident, provided that the offense was 26
not one specified in subsection (4) and that the offense was not the precursor 27 UNOFFICIAL COPY 23 RS BR 436
Page 55 of 57
XXXX 2/16/2023 9:15 AM Jacketed
offense of a felony offense for which he was subsequently convicted. This section 1
shall apply only to offenses against the Commonwealth of Kentucky. 2
(12)[(11)] As used in this section, "violation" has the same meaning as in KRS 500.080. 3
(13)[(12)] Any person denied an expungement prior to June 25, 2013, due to the 4
presence of a traffic infraction on his or her record may file a new petition for 5
expungement of the previously petitioned offenses, which the court shall hear and 6
decide under the terms of this section. No court costs or other fees, from the court 7
or any other agency, shall be required of a person filing a new petition under this 8
subsection. 9
Section 25. KRS 186.990 is amended to read as follows: 10
(1) Any person who violates any of the provisions of KRS 186.020, 186.030, 186.040, 11
186.045(4), 186.050, 186.056, 186.060, 186.073, 186.110, 186.130, 186.140, 12
186.160, 186.170, 186.180(1) to (4)[(a)], 186.210(1), 186.230, or KRS 186.655 to 13
186.680 shall be guilty of a violation. 14
(2) Any person who violates any of the provisions of KRS 138.465, 186.072, 186.190, 15
186.200, or 186.210(2) shall be guilty of a Class A misdemeanor. 16
(3) A person who violates the provisions of KRS 186.450(4), (5), or (6) or 186.452(3), 17
(4), or (5) shall be guilty of a violation. A person who violates any of the other 18
provisions of KRS 186.400 to 186.640 shall be guilty of a Class B misdemeanor. 19
(4) Any clerk or judge failing to comply with KRS 186.550(1) shall be guilty of a 20
violation. 21
(5) If it appears to the satisfaction of the trial court that any offender under KRS 22
186.400 to 186.640 has a driver's license but in good faith failed to have it on his or 23
her person or misplaced or lost it, the court may, in its discretion, dismiss the 24
charges against the defendant without fine, imprisonment, or cost. 25
(6) Any person who steals a motor vehicle registration plate or renewal decal shall be 26
guilty of a Class D felony. Displaying a canceled registration plate on a motor 27 UNOFFICIAL COPY 23 RS BR 436
Page 56 of 57
XXXX 2/16/2023 9:15 AM Jacketed
vehicle shall be prima facie evidence of guilt under this section. 1
(7) Any person who violates the provisions of KRS 186.1911 shall be guilty of a Class 2
A misdemeanor. 3
(8) Any person who makes a false affidavit to secure a license plate under KRS 4
186.172 shall be guilty of a Class A misdemeanor. 5
(9) Any person who violates any provision of KRS 186.070 or 186.150 shall be guilty 6
of a Class A misdemeanor. 7
(10) Any person who operates a vehicle bearing a dealer's plate upon the highways of 8
this Commonwealth with intent to evade the motor vehicle usage tax or registration 9
fee shall be guilty of a Class A misdemeanor for the first offense and a Class D 10
felony for each subsequent offense. 11
(11) Any person, other than a licensed dealer or manufacturer, who procures a dealer's 12
plate with intent to evade the motor vehicle usage tax or registration fee shall be 13
guilty of a Class D felony. 14
(12) Any resident who unlawfully registers, titles, or licenses a motor vehicle in any 15
state other than Kentucky with intent to evade the motor vehicle usage tax or the 16
registration fee shall be guilty of a Class A misdemeanor if the amount of tax due is 17
less than one hundred dollars ($100), or of a Class D felony if the amount of tax due 18
is more than one hundred dollars ($100), and in addition shall be liable for all taxes 19
so evaded with applicable interest and penalties. 20
Section 26. (1) The Transportation Cabinet shall, within 30 days of the 21
effective date of this Act: 22
(a) Promulgate emergency administrative regulations in accordance with KRS 23
Chapter 13A to implement the requirements of Section 1 of this Act; and 24
(b) Provide and make available all forms required under subsection (5) of Section 25
1 of this Act and the sticker required under subsection (6) of Section 1 of this Act. 26
(2) Notwithstanding any provision of this Act to the contrary: 27 UNOFFICIAL COPY 23 RS BR 436
Page 57 of 57
XXXX 2/16/2023 9:15 AM Jacketed
(a) A person may submit an affidavit under subsection (3) of Section 1 of this Act 1
without using a form required by the Transportation Cabinet during any period prior to 2
the availability of the applicable form to the public; and 3
(b) A person shall not be required to affix the sticker required under subsection 4
(6) of Section 1 of this Act during any period prior to the availability of the sticker to 5
each county clerk's office and the Department of Vehicle Regulation. 6