Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
43.010(2),
45.149,
186.010,
186.050,
186.053,
186.162,
186.172,
186.174,
186A.060,
186A.070,
186A.120,
369.102(8),
369.107
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
186.020 requires the owner of a motor vehicle
to apply for vehicle registration in accordance with administrative regulations
promulgated by the Transportation Cabinet before operating the motor vehicle or
permitting its operation.
KRS
186.041 requires the cabinet to promulgate
administrative regulations to establish the proof necessary for demonstrating
current attendance, or graduation from a service academy.
KRS
186.164 requires the cabinet to promulgate
administrative regulations to establish rules related to the issuance of
special license plates. This administrative regulation establishes the
requirements for a member of a service academy to obtain a special license
plate, establishes the rules and requirements for the public to obtain a
special license plate for a motor vehicle or a motorcycle, and promulgates the
auditing requirements and procedures related to special license plates.
Section 1. Definitions.
(1) "Electronic signature" is defined by
KRS
369.102(8) and acceptable as
stated in
KRS
369.107.
(2) "Resident" is defined by
KRS
186.010(12).
(3) "Signature" means a person's name, a
unique mark, or an inscription representing a person's name, either written by
hand or in an electronic format.
Section 2.
(1) An application for Kentucky Certificate
of Title and Registration Form, TC 96-182, shall be completed if a vehicle
changes ownership for the first time. A copy of the vehicle owner's Kentucky
driver license and bill of sale shall be attached to TC 96-182. Transfer of
ownership shall be executed by owner's signature which can be in an electronic
format.
(2) A Kentucky certificate
of registration shall serve as the application for renewal of
registration.
Section 3.
Certificate of Title in Motor Vehicle. During the fifteen (15) day period
established in
KRS
186.020(1) and
KRS
186A.070, in order to register a newly
acquired motor vehicle, or for a new Kentucky resident to register his or her
motor vehicle:
(1) An assigned title or bill
of sale pursuant to
KRS
186.020(1) shall be carried
in the motor vehicle if the vehicle was last licensed in a jurisdiction other
than Kentucky; or
(2) If the
jurisdiction in which the motor vehicle was last licensed does not issue
titles, the standard document for perfecting the sale of the motor vehicle in
the licensing jurisdiction shall be carried in the vehicle.
Section 4. Residency.
(1) To establish that a vehicle owner is a
resident of Kentucky and required to register the vehicle in Kentucky, the
vehicle owner shall:
(a) Have a primary
residence address in Kentucky;
(b)
Be registered to vote in Kentucky; or
(c) Possess a valid Kentucky motor vehicle
operator's license.
(2)
A full-time college student or member of the armed forces who is temporarily
maintaining a place of residence in Kentucky while attending a Kentucky college
or university, or while stationed at a military facility shall not be required
to register his or her vehicle in Kentucky if he or she maintains residency in
the applicable home state.
(3) A
Kentucky certificate of title shall not be issued to a non-Kentucky
resident.
Section 5.
Placement of License Plate and Renewal Decal.
(1) A license plate shall not be placed on a
motor vehicle other than the vehicle for which it was issued.
(2) A renewal decal shall not be placed on a
license plate except the plate for which the renewal decal was
issued.
(3) A renewal decal shall
only be placed on its associated license plate in the indentation provided for
a decal.
Section 6. Lost
or Stolen License Plates. If a license plate is lost or stolen, the individual
responsible for the registration of the vehicle may secure a replacement
license plate by following the provisions established in
KRS
186.162(2) through (4) and
in
KRS
186.180(2).
Section 7. Found License Plate. A person
finding a lost, unexpired registration plate shall deliver it to the Department
of Vehicle Regulation, or to the office of any Kentucky county clerk.
Section 8. Renewal Decals on Special Plates.
(1) Registration for a vehicle with a special
license plate issued pursuant to
KRS
186.162(2) through (4) shall
be renewed each year.
(2) If the
special license plate deteriorates to the point that the inscriptions are not
discernible, the owner may obtain a replacement plate free of charge.
Section 9. National Guard License
Plates.
(1) Taxicabs, airport shuttle
vehicles, and limousines, registered as established in
KRS
186.050(1) shall not be
issued a national guard license plate as established in
KRS
186.041(1).
(2) If the applicant for a national guard
license plate is a Kentucky national guard retiree, the application shall be
signed by the custodian of military records, Department of Military Affairs.
The custodian's signature shall certify that the applicant is a retiree of the
Kentucky National Guard with at least twenty (20) years of service.
Section 10. Disabled Veterans and
Disabled Persons License Plate.
(1) A license
plate shall be issued to a disabled veteran as established in
KRS
186.041(2) for use on a
vehicle that would normally be registered as established in
KRS
186.050(1) or
(3)(a).
(2)
(a) A
license plate shall be issued to a disabled person who meets the requirements
established in
KRS
186.042 and provides the proof of disability
established in
KRS
186.042(3)(a)(b).
(b) A person applying for a disabled license
plate shall complete an Application for Special Registration Plate for Disabled
Persons, Transportation Cabinet Form 96-347.
Section 11. Armed Forces License Plate. The
special armed forces license plate as established in
KRS
186.041(1) shall be made
available to any eligible current member of any branch of the United States
military reserves. It shall also be made available to any eligible retired
reservist with twenty (20) years of service.
Section 12. Military Academy Plates.
(1) An applicant for a military academy
license plate shall provide proof that he or she is currently enrolled, or is a
graduate of the United States Airforce Academy, Military Academy, Naval
Academy, Coast Guard Academy, or Merchant Marine Academy.
(2) An applicant shall provide:
(a) A formal, original letter on academy
letterhead proving current enrollment; or
(b) A copy of the graduate's
diploma.
Section
13. Gold Star License Plates.
(1)
(a) A Gold Star Mother license plate shall be
authorized for a mother whose son or daughter died while serving the country in
the United States Armed Forces.
(b)
A Gold Star Father license plate shall be authorized for a father whose son or
daughter died while serving in the United States Armed Forces.
(c) A Gold Star Spouse license plate shall be
authorized for the spouse of a person who died while serving the country in the
United States Armed Forces.
(2) To be eligible, the mother, father, or
spouse shall submit a completed Report of Casualty DD Form 1300, accessible on
the National Personnel Records Center Web site at
http://www.archives.gov/veterans/research/
to the Kentucky Department of Veterans Affairs.
Section 14. Application for Special License
Plate.
(1) An applicant for a special license
plate shall provide proof of eligibility as established in 186.162(2) through
(4).
(2) Proof of eligibility shall
be submitted to the county clerk in the applicable county of
residence.
Section 15.
An applicant for one (1) of the special license plates listed in this section
shall provide the following required information:
(1) Firefighter license plate: provide
written evidence of the applicant's current status as a firefighter, signed by
the fire chief, mayor, or county judge executive;
(2) Purple Heart recipient license plate:
provide written proof from the United States Department of Defense or the
Veterans Administration that the applicant received a Purple Heart
medal;
(3) Street rod license
plate: provide sufficient manufacturer's information, title documents, or
photographs to prove that the vehicle either was manufactured prior to 1949 or
was manufactured to look like it was built prior to 1949;
(4) Fraternal Order of Police license plate:
provide a copy of the applicant's current membership card from the Fraternal
Order of Police. The reverse side of the membership card shall be signed by the
National Secretary of the Grand Lodge, Fraternal Order of Police;
(5) Emergency Management license plate:
provide written evidence of the applicant's current status as a member of
either a disaster and emergency services organization or a volunteer rescue
squad signed by the appropriate mayor, county judge executive, or DES
coordinator; or
(6) Masonic license
plate: provide a current calendar year membership card in the Masonic Orders. A
member of the Eastern Star affiliation shall not be eligible for the Masonic
Order license plate.
Section
16. An applicant for a special license plate issued pursuant to
KRS
186.041,
186.042,
186.053,
186.172,
or
186.174
shall make an individual application for the special license plate to be issued
for each separate motor vehicle.
Section
17.
(1) Special License Plate
Committee. The Special License Plate Committee established in the
Transportation Cabinet pursuant to
KRS
186.164(15)(c) shall:
(a) Review and consider the eligibility of
each group or organization that applies for a special plate;
(b) Review and consider whether the proposed
special plate meets required criteria; and
(c) Convene as necessary at the call of the
chair in order to address issues related to the design and issuance of special
license plates.
(2) The
Special License Plate Committee shall be comprised of the following members:
(a) Commissioner of the Department of Vehicle
Regulation or a designee, as a nonvoting member;
(b) Deputy Commissioner of the Department of
Vehicle Regulation or a designee as chair;
(c) Director of the Division of Motor Vehicle
Licensing or a designee;
(d)
Assistant Director of the Division of Motor Vehicle Licensing or a
designee;
(e) Executive Director,
Office of Legal Services or a designee, as a nonvoting member;
(f) A designee selected by the Commissioner
of the Department of Vehicle Regulation from within the office of the
Commissioner; and
(g) Registration
Branch Manager of the Division of Motor Vehicle Licensing or a
designee.
(3)
(a) Three (3) of the voting members of the
committee shall constitute a quorum.
(b) A simple majority of the voting members
present at a meeting with a quorum shall be required to recommend approval or
denial of an application for a special plate.
(4) The chairman shall designate a person to
provide a summary of each meeting and present the minutes for review and
approval at the next meeting of the committee that has a quorum
present.
(5)
(a) Upon recommendation of the committee, the
commissioner shall issue a written notice of approval or denial within thirty
(30) days of the receipt of application.
(b) If the committee requires additional time
in which to deliberate and make a recommendation, the thirty (30) day time
period may be extended for an additional thirty (30) days, not to exceed an
extended time of ninety (90) days from the date of the initial meeting. If an
application is held in abeyance pursuant to Section 18(3) of this
administrative regulation, the time period shall be tolled until the
legislative process is complete.
(6)
(a) The
committee may request an applicant to appear and make a presentation if
questions arise that may include:
1. The
mission of the applicant;
2. The
design and logo of the special license plate; and
3. Qualifications of the applicant.
(b) An applicant who fails to
cooperate with the informational requests made by the committee shall have his
or her application dismissed by the commissioner.
(7) An aggrieved party may appeal the final
decision of the commissioner pursuant to
KRS
186.164(10).
Section 18. Application Process.
(1) A group or organization shall apply to
the Office of the Commissioner, Department of Vehicle Regulation,
Transportation Cabinet, for a special license plate pursuant to
KRS
186.164.
(2)
(a) An
applicant shall not submit more than one (1) application per calendar year for
the consideration of the committee. An application that is denied by the
committee and later modified or altered by the applicant may be resubmitted to
the committee not less than twelve (12) months from the original date of
denial.
(b)
1. An application to redesign a special
license plate shall be submitted at a minimum of three (3) years from the date
of issuance.
2. The redesign shall
be approved or denied by the committee based on the criteria established in
Section 17.
(3) Prior to final approval of an
application, if a member of the General Assembly introduces a bill, files an
amendment to a bill, or undertakes any other measure to sponsor a plate that is
substantially similar to the plate for which the application is pending, the
application shall be held in abeyance pending the outcome of the legislative
process. If the bill or amendment becomes law, the application in abeyance
shall be moot. If the legislation is withdrawn or is acted upon by the
legislature, the application shall proceed with the committee from the point at
which it was placed in abeyance.
(4) Each group or organization shall be
limited to one (1) special plate design.
(5) The committee may consult with law
enforcement relating to special license plate issues that may include design
and visibility.
(6) The committee
may reconsider and change the design of a previously approved special license
plate upon good cause, which may include:
(a)
Questions or issues involving legibility of the license plate; or
(b) The normal replating cycle during which
the design of all license plates may be changed.
(7) The committee shall not consider an
application that contains any trademarked or copyrighted statements or material
or any statements or phrases that are commonly within the public domain,
including short phrases, names, titles, or small groups of words that are
considered common idioms of the English language.
Section 19.
(1) A group or organization that has its
application approved, shall submit to the Cabinet before the programming and
the production of the plate, a check to cover the costs. The Cabinet shall make
available a generalized estimate of the costs to the group or the
organization.
(2) A group or
organization with an approved special license plate shall maintain a minimum
number of 500 registrations annually. Two (2) consecutive years of not
maintaining a 500 annual registration shall result in cancellation and
discontinuation of that plate.
Section
20. Audit and Attestation Requirements.
(1)
(a)
Groups or organizations that have the requisite number, of license plates
purchased shall submit a Special Plate Donation Affidavit, Form 324 in
accordance with
KRS
186.164(13) to the Division
of Motor Vehicle Licensing.
(b)
Accounts shall be audited annually at the expense of the group or
organization.
(2)
(a) A group or organization that receives
$15,000 or less during its fiscal year shall submit Attestation form TC 96-324
attesting its compliance with
KRS
186.164.
(b) The form shall be submitted to the
Division of Motor Vehicle Licensing not later than ninety (90) days following
the end of the group or organization's fiscal year.
(3)
(a) A
group or organization that receives $15,001 to $75,000 during its fiscal year
shall have an internal or external audit of its account performed.
(b) The results of that audit shall be
submitted to the Division of Motor Vehicle Licensing not later than ninety (90)
days following the end of the group or organization's fiscal year.
(4)
(a) A group or organization that receives
$75,001 or more annually shall have an external audit performed.
(b)
1.
Groups or organizations that are considered to be budget units in accordance
with
KRS
43.010(2) shall adhere to
KRS
45.149, which gives the Auditor of Public
Accounts the first right of refusal to perform audit work.
2. This audit shall be submitted to the
Division of Motor Vehicle Licensing not later than ninety (90) days following
the end of the group or organization's fiscal year.
Section 21.
Incorporation by Reference. The following material is incorporated by
reference:
(1)
(a) Form TC 96-15, "Application for Special
License Plate" revised October 2016;
(b) Form TC 96-182, "Application for Kentucky
Certificate of Title and Registration" revised March 2019;
(c) Form TC 96-324, "Attestation" revised
July 2017;
(d) Form TC 96-332,
"Affidavit for Special License Plate Donation" May 2014;
(e) DD Form1300, "Report of Casualty", United
States Department of Defense Instruction Number 1300.18 March 2004;
and
(f) Form TC 96-347,
"Application for Disabled License Plate or Parking Placard" September
2018.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Transportation Cabinet Building, Department of Vehicle Regulation, Division
of Motor Vehicle Licensing, Second Floor, Mero Street, Frankfort, Kentucky
40622, Monday through Friday, 8a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
186.020,
186.041,
186.042,
186.164