KRS § 186.412 — KY Code / Title XVI / Chapter 186 / Section 186.412
186.412 Application of United States citizen or permanent resident for instruction permit or operator's license -- Information and documents required -- Applicant without fixed residence -- Photograph -- Scanning and retaining of application information -- Temporary license or permit -- Birth certificate -- Oath
Status: in_force

186.412 Application of United States citizen or permanent resident for instruction

permit or operator's license -- Information and documents required --

Applicant without fixed residence -- Photograph -- Scanning and retaining of

application information -- Temporary license or permit -- Birth certificate --

Oath.

(1) As used in this section, "applicant" means a person who:

(a) Is a citizen or permanent resident of the United States; or

(b) Meets the minimum requirements for federal recognition in Section 202 of the

REAL ID ACT of 2005, as amended, in 49 U.S.C. sec. 30301 note, and has

been admitted to the United States as a nonimmigrant pursuant to a compact

of free association between the United States and the Republic of the Marshall

Islands, the Republic of Palau, or the Federated States of Micronesia.

(2) An applicant shall apply for an instruction permit or operator's license with the

Transportation Cabinet, or through alternative technology. Except as provided in

KRS 186.417, the application form shall require the applicant's:

(a) Full legal name and signature;

(b) Date of birth;

(c) Social Security number or a letter from the Social Security Administration

declining to issue a Social Security number;

(d) Sex;

(e) Present Kentucky resident address, exclusive of a post office box address

alone;

(f) Other information necessary to permit the application of United States citizens

to also serve as an application for voter registration;

(g) A brief physical description of the applicant;

(h) Proof of the applicant's Kentucky residency, including but not limited to a

deed or property tax bill, utility agreement or utility bill, or rental housing

agreement; and

(i) Other information the cabinet may require by administrative regulation

promulgated under KRS Chapter 13A.

(3) (a) To satisfy the requirements of subsection (2)(e) and (h) of this section, an

applicant seeking to obtain a renewal or duplicate operator's license may use a

completed form attesting to the lack of an established and fixed nighttime

residence of regular return as established in accordance with paragraph (b) of

this subsection. The form developed under paragraph (b) of this subsection

shall not be used by an applicant for an initial operator's license or instruction

permit.

(b) The cabinet shall promulgate administrative regulations in accordance with

KRS Chapter 13A to develop forms and procedures whereby an applicant for

a renewal or duplicate operator's license under this section or KRS 186.4121,

or an applicant for an initial, renewal, or duplicate personal identification card

under KRS 186.4122 or 186.4123, who does not have an established and fixed

nighttime residence of regular return may use as proof of residency, a form,

attested to by a homeless shelter, health care facility, or social service agency

currently providing the applicant treatment or services, that the applicant is a

resident of Kentucky. An applicant who does not have an established and

fixed nighttime residence of regular return shall not be issued a voluntary

travel ID operator's license under this section or KRS 186.4121.

(4) In addition to the information identified in subsection (2) of this section, a:

(a) Permanent resident shall present one (1) of the following documents issued by

the United States Department of Homeland Security, United States Bureau of

Citizenship and Immigration Services:

1. An I-551 card with a photograph of the applicant; or

2. A form with the photograph of the applicant or a passport with a

photograph of the applicant on which the United States Department of

Homeland Security, United States Bureau of Citizenship and

Immigration Services, has stamped the following: "Processed for I-551.

Temporary evidence of lawful admission for permanent residence. Valid

until .... (Expiration Date). Employment authorized."; and

(b) Person who meets the definition in subsection (1)(b) of this section shall

present a valid, unexpired passport from his or her country of origin, along

with one (1) of the following documents issued by the United States

Department of Homeland Security, United States Bureau of Citizenship and

Immigration Services:

1. Form I-94, Arrival/Departure Record number;

2. Form I-766, Employment Authorization Document number; or

3. Form I-797, Notice of Action receipt number.

(5) Upon application for an operator's license under this section, the cabinet shall

capture a photograph of the applicant in accordance with the requirements of KRS

186.4102(1).

(6) (a) Except as provided in paragraph (b) of this subsection, the cabinet shall

electronically scan the documents required for application under this section

and shall electronically retain the application, supporting documents, and the

photograph of the applicant. Upon completion of any required examinations

under KRS 186.480, the cabinet shall present the applicant with a temporary

operator's license or instruction permit, which shall be valid for thirty (30)

days until a permanent operator's license or instruction permit is mailed to the

applicant by the Transportation Cabinet.

(b) The cabinet shall only electronically scan the birth certificate of an individual

applying for a voluntary travel ID instruction permit or operator's license. If

the applicant is not seeking such a permit or license, the cabinet shall not

electronically scan the applicant's birth certificate.

(c) An applicant for an operator's license or instruction permit shall not be

required to surrender the applicant's birth certificate for image capture, image

storage, or image transmission to any entity, including the federal

government, unless express consent is given by the applicant during the

course of obtaining a voluntary travel ID license or permit.

(7) An applicant shall swear an oath to the cabinet as to the truthfulness of the

statements contained in the form.