Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
186.010,
186.020,
186A.070(1),
186A.073,
186A.115,
186A.170,
49
C.F.R. Section 571.7
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
186A.073(4) and (5) requires
the Kentucky Transportation Cabinet to promulgate administrative regulations
establishing the procedures necessary to apply for, and obtain title for a
military surplus vehicle. This administrative regulation establishes the
requirements for an applicant to obtain a certificate of title and registration
for a military surplus vehicle.
Section
1. Definitions.
(1) "Military
surplus vehicle" is defined by
KRS
186.010(20).
(2) "Motor vehicle" is defined by
KRS
186.010(4).
Section 2. Application for Title.
(1) The owner of a military surplus vehicle
shall apply for a certificate of title as established in paragraphs (a) through
(c) of this subsection.
(a) The military
surplus vehicle shall be inspected by a certified motor vehicle inspector who
meets the requirements of
601
KAR 9:085 and
601 KAR
9:090.
(b)
The certified motor vehicle inspector shall complete a Military Surplus Vehicle
Inspection form, TC 96-344, certifying that the vehicle is
roadworthy.
(c) The applicant for
title shall submit to the county clerk of residence:
1. The completed Military Surplus Inspection
form, TC 96-344, and supporting documents that establish the sale or transfer
of the vehicle from the military or the military's designated agent to the
applicant; and
2. Proof that the
military surplus vehicle was originally manufactured in accordance with
mandated requirements established in
49
C.F.R. Section 571.7. A military surplus
vehicle built prior to 1968 and prior to the requirements of
49
C.F.R. Section 571.7 shall be exempt from
inspection.
(2) If the previous owner is a person or
entity other than the military or the military's designated agent, the
applicant shall submit a completed Application for Kentucky Certificate of
Title or Registration, TC 96-182, and the supporting documents as required by
KRS
186.020 and
186A.070(1).
(3) A military surplus vehicle shall remain
designated as a military surplus vehicle after transfer of ownership or
sale.
(4) A military surplus
vehicle inspected pursuant to subsection (1)(a) of this section shall not be
inspected again as an out-of-state vehicle as required by
KRS
186A.115.
(5) The county clerk of residence shall issue
an original certificate of title without a special brand unless the vehicle was
originally branded in another state.
Section 3. Certification.
(1) A military surplus vehicle that has been
certified as roadworthy pursuant to the vehicle inspection in Section 2(1)(a)
of this administrative regulation shall be considered a motor vehicle and shall
not require a re-inspection.
(2) A
roadworthy military surplus vehicle may be processed through speed title
pursuant to
KRS
186A.170(1)(b).
Section 4. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "Application
for Kentucky Certificate of Title or Registration", TC 96-182, October,2015;
and
(b) "Military Surplus Vehicle
Inspection", TC 96-344, May, 2017.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Vehicle
Regulation, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday,
8:00 a.m. to 4:30 p.m. This material may also be obtained by accessing the
department's Web site at
http://Drive.ky.gov/.
STATUTORY AUTHORITY:
KRS
186A.020,
186A.073,
186A.115(2)(b),
(c)