reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:040 - Application for operating authority and registration of motor carriers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 281.014,
				281.610,
				281.615,
				281.618,
				281.619,
				281.620,
				281.625,
				281.632,
				281.637,
				281.650,
				281.655,
				281.660,
				281A.010(8),
				49 C.F.R. Part 367,
				49 U.S.C.
				14504a
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.600(1) authorizes the
				Transportation Cabinet to regulate motor carriers. This administrative
				regulation establishes the application procedure for intrastate operating
				authority in the Commonwealth and the registration procedure for interstate
				motor carriers operating in Kentucky pursuant to authority granted by the
				United States Department of Transportation.
Section
			 1. Kentucky Intrastate Passenger or Household Goods Authority.
(1)
(a) An
			 application for operating authority to engage in Kentucky intrastate commerce
			 relating to the transportation of persons, except for charter bus
			 transportation, or household goods shall be made on the following appropriate
			 forms:
1. Transportation Cabinet form TC
			 93-10E, Application for Operating Authority, Household Goods;
2. Transportation Cabinet form TC 93-11E,
			 Application for Operating Authority, Disabled Persons Carrier;
3. Transportation Cabinet form TC 93-12E,
			 Application for Operating Authority, Bus and Airport Shuttle;
4. Transportation Cabinet form TC 93-13E,
			 Application for Operating Authority, City Limousine and, Taxicab; or
5. Transportation Cabinet form TC 93-15E,
			 Application for Operating Authority, County Limousine and, Taxicab.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:080 - Household goods carriers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 281
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.600 requires the Transportation Cabinet
				to establish reasonable requirements with regard to continuous and adequate
				service of transportation. This administrative regulation provides for the
				rules and administrative regulations concerning household goods
				carriers.
Section 1. Determination of
			 Weights.
(1) Tare weight. The tare weight of
			 each vehicle in the transportation of household goods shall be determined by
			 having it weighed prior to the transportation of each shipment, without the
			 crew thereon, by a certified weigh master or on a certified scale; and, when so
			 weighed the fuel tank on each vehicle shall be full and the vehicle shall
			 contain all blankets, pads, chains, dollies, hand trucks, and other equipment
			 needed in the transportation of such shipment.
(2) Gross weight. After the vehicle has been
			 loaded, it shall be weighed without the crew thereon prior to delivery of the
			 shipment.
(3) Net weight. The net
			 weight shall be determined by deducting the tare weight from the gross
			 weight.
(4) Constructive weight. If
			 no adequate scale is located at origin or any point within a radius of ten (10)
			 miles thereof, a constructive weight, based upon seven (7) pounds per cubic
			 foot of properly loaded van space, may be used. Such a constructive weight may
			 also be used for a part load where the circumstances are such that its scale
			 weight could not be obtained at origin, en route, or at destination without
			 first unloading it or other part loads being carried in the same
			 vehicle.
(5) Part loads. In the
			 transportation of part loads, this rule shall apply in all respects, except
			 that the gross weight of a vehicle containing one (1) or more part loads may be
			 used as the tare weight of such vehicle as to part load subsequently loaded
			 thereon. A part load, not exceeding 10,000 pounds for any one (1) shipper, may
			 be weighed on a certified scale prior to being loaded on the vehicle. Such part
			 shall be acknowledged by a weigh ticket evidencing such weighing.
(6) Driver's weight certificate. Whenever
			 weights are required to be obtained pursuant to these rules, the carrier shall
			 cause to be executed a weight certificate for each shipment, in the form
			 specified by the cabinet, at the time the last necessary weight is obtained,
			 and the original or a copy of such certificate shall be carried in the vehicle
			 transporting the shipment and shall be displayed upon request of the party
			 paying the carrier's charges. The original or a true copy of such certificate
			 shall be maintained by the carrier as part of its record of shipment.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:113 - Transportation Network Company

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500,
				61.878(1)(c) 1.,
				61.931(6), 186.050, 189.290, 189A.010, 281.010, 281.600, 281.630, 281.6301,
				281.631, 281.640, 281.650, 281.655, 281.656, 281.990, 304.3-070,
				304.10-010-304.10-070, 304.20-020, 304.39-020(2), 304.39-040, 304.39-320,
				Chapter 365, 532.060
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.600 authorizes the Department of Vehicle
				Regulation to promulgate administrative regulations to regulate and establish
				requirements for the safe operation of motor carriers.
				KRS
				281.630 authorizes the department to
				establish requirements for a transportation network company to apply for
				authority to operate in Kentucky.
				KRS
				281.655 requires the department to establish
				standards for pre-trip acceptance policies and prearranged ride liability
				policies for transportation network companies. This administrative regulation
				establishes the standards and application requirements for a transportation
				network company to operate in Kentucky.
Section
			 1. Definitions.
(1) "Basic
			 reparation benefits" is defined by
			 KRS
			 304.39-020(2).
(2) "Certificate" is defined by
			 KRS
			 281.010(8).
(3) "Driver" is defined by
			 KRS
			 281.010(20).
(4) "Mobile application" is defined by
			 KRS
			 281.010(30).
(5) "Motor carrier" is defined by
			 KRS
			 281.010(31).
(6) "Motor carrier vehicle" is defined by
			 KRS
			 281.010(32).
(7) "Operating authority" means the authority
			 granted to operate as a TNC in the commonwealth through the application process
			 with the department.
(8)
			 "Passenger" is defined by
			 KRS
			 281.010(36).
(9) "Personal information" is defined by
			 KRS
			 61.931(6).
(10) "Prearranged ride" is defined by
			 KRS
			 281.010(40).
(11) "Pre-trip acceptance liability policy"
			 is defined by
			 KRS
			 281.010(41).
(12) "Regular seat" is defined by
			 KRS
			 281.010(45).
(13) "Street hail" is defined by
			 KRS
			 281.010(46).
(14) "Transportation network company" or
			 "TNC" is defined by
			 KRS
			 281.010(52).
(15) "Transportation network company driver"
			 or "TNC driver" is defined by
			 KRS
			 281.010(54).
(16) "Transportation network company service"
			 or "TNC service" is defined by
			 KRS
			 281.010(55).
(17) "Transportation network company vehicle"
			 or "TNC vehicle" is defined by
			 KRS
			 281.010(56).
(18) "Underinsured vehicle coverage" is
			 defined by
			 KRS
			 304.39-320(1).
(19) "Uninsured vehicle coverage" is defined
			 by
			 KRS
			 304.20-020(2).
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:140 - U-drive-it permit application procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				138.463,
				281.615,
				281.626,
				281.650,
				281.655,
				1998 Ky. Acts ch. 166
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281.600 and 1998 Ky. Acts ch. 166, sec. 5
				requires the department to promulgate administrative regulations for the
				collection of usage taxes on a loaner vehicle and application for a U-drive-it
				permit. This administrative regulation establishes the procedure and designates
				the forms for an applicant or motor vehicle dealer to apply for a U-drive-it
				permit.
Section 1.
(1) The application for a permit to engage in
			 the business of U-drive-it as defined by
			 KRS
			 281.014(4) or for the annual
			 renewal of the permit shall be made on Transportation Cabinet form TC 95-16,
			 "Application for U-drive-it".
(2) A
			 motor vehicle dealer who applies for a U-drive-it permit or annual permit
			 renewal in order to pay usage tax on a loaner motor vehicle pursuant to
			 KRS
			 138.463 shall provide the information
			 required by Section 1(2) of 1998 Ky. Acts ch. 166 on Transportation Cabinet
			 form TC 95-16-L, "Application for U-drive-it - Loaner".
(3) The application or renewal application
			 fee established by
			 KRS
			 281.620(2) made by check or
			 money order shall be made payable to "Kentucky State Treasurer."
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:146 - Fair market rental or lease value of vehicles operated pursuant to a U-drive-it permit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				138.462(2), (3),
				138.463,
				138.4631,
				281.615-281.670
NECESSITY, FUNCTION, and CONFORMITY:
				KRS
				138.463(9) requires the fair
				market rental or lease value of a motor vehicle to be based on standards
				established by an administrative regulation promulgated by the Transportation
				Cabinet. This administrative regulation establishes the standards for use in
				determining the minimum amount of usage tax to be reported and paid on a rental
				or lease vehicle.
Section 1.
			 Definitions.
(1) "Lease" is defined by
			 KRS
			 138.462(3).
(2) "Rental" is defined by
			 KRS
			 138.462(2).
(3) "Renting" or "leasing" means a U-drive-it
			 permit holder who:
(a) Rents or leases a
			 vehicle as part of an established business to a retail customer wishing to rent
			 or lease a vehicle; and
(b)
			 Maintains the records required by
			 601 KAR
			 1:147, Section 2.
(4) "Vehicle classification" means the motor
			 vehicle classification system established by the National Automobile Dealers
			 Association in its monthly NADA Official Used Car Guide.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:147 - Auditing of U-drive-it permit holders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 131.340,
				138.462,
				138.463,
				138.4631,
				186.005,
				186.281,
				281.615-281.670
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				138.463 requires the Transportation Cabinet
				to establish standards for fair market rental or lease value and assess,
				collect, and audit the monthly U-drive-it usage tax. This administrative
				regulation establishes the record-keeping requirements for a permit holder and
				the audit procedures of the Transportation Cabinet.
Section 1. Definitions.
(1) "Lease" is defined by
			 KRS
			 138.463(3).
(2) "Rental" is defined by
			 KRS
			 138.462(2).
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:201 - Recordkeeping and audit requirements of taxes imposed in KRS 138.655 through 138.7291

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				131.110,
				138.227,
				138.655-138.7291,
				186.050(4),
				186.650,
				49 C.F.R.
				390.21, 49 U.S.C. 317
NECESSITY, FUNCTION, AND CONFORMITY:
				49
				U.S.C. 31705 and
				KRS
				138.227 authorize the department to enter
				into the provisions of the International Fuel Tax Agreement (IFTA). This
				administrative regulation establishes the recordkeeping and audit requirements
				of IFTA and
				KRS
				138.655 through
				138.7291
				and provides for uniformity in the interstate and intrastate administration of
				KRS
				138.660(1) and (2) so as not
				to violate the interstate commerce clause of the United States
				Constitution.
Section 1. Definitions.
(1) "Base jurisdiction" means the member
			 jurisdiction where qualified motor vehicles are based for vehicle registration
			 purposes and:
(a) Where the operational
			 control and operational records of the fuel tax licensee's qualified motor
			 vehicles are maintained or available; and
(b) Where some travel is accrued by qualified
			 motor vehicles within the fleet.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 1 - Motor Carriers › Section 601 KAR 1:220 - Theft of motor fuel; procedures to obtain motor vehicle record

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.874(3),
				187.310,
				411.402,
				411.406,
				18
				U.S.C. 2721
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				411.406(1) requires the
				cabinet to promulgate administrative regulations to implement procedures by
				which a motor fuel retailer or association of motor fuel retailers may obtain
				the name and mailing address of a vehicle owner who has been identified as
				having committed an offense under
				KRS
				411.402. This administrative regulation
				establishes the procedures by which a motor fuel retailer or association of
				motor fuel retailers may obtain the name and mailing address of a vehicle owner
				who has been identified as having committed an offense under
				KRS
				411.402.
Section
			 1. Procedures for Obtaining Motor Vehicle Record.
(1) A motor fuel retailer or association of
			 motor fuel retailers who wish to obtain information pursuant to
			 KRS
			 411.406(1) shall submit a
			 notarized Request for Personal Information Pursuant to
			 KRS
			 411.402 and
			 411.406
			 Theft of Motor Fuel, Form TC 96-16B, to the Department of Vehicle Regulation,
			 Transportation Cabinet Building, 200 Mero Street, Frankfort, Kentucky
			 40622.
(2) Except as provided in an
			 agreement made pursuant to
			 KRS
			 411.406(1), the fee for
			 motor fuel theft information shall be three (3) dollars per report.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 2 - Administration › Section 601 KAR 2:020 - Drivers' privacy protection

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				61.874,
				61.878(5),
				186.018,
				187.310,
				411.402,
				411.406,
				15
				U.S.C. 1231-1233,
				18
				U.S.C. 2721,
				42 U.S.C.
				7401-7459,
				49
				U.S.C. 31301-31317
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				187.300(1) authorizes the
				cabinet to promulgate administrative regulations to implement KRS Chapter 187.
				KRS
				187.310(1) requires the
				cabinet to furnish, upon request, an abstract of the operating record of a
				person subject to
				KRS
				187.290 to
				187.620.
				18
				U.S.C. 2721 authorizes the information that
				shall and shall not be included in information sold or otherwise distributed
				about a motor vehicle operator or owner. This administrative regulation
				establishes the circumstances and conditions governing the distribution or sale
				of motor vehicle operator or owner personal information.
Section 1. Definition. "Personal information"
			 means information that identifies an individual including the following:
(1) Name;
(2) Address, excluding the zip
			 code;
(3) Social Security
			 number;
(4) Date of
			 birth;
(5) Driver identification
			 number;
(6) Telephone
			 number;
(7) Photograph;
			 and
(8) Medical or disability
			 information.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:012 - Personalized license plates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.174
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.174 empowers the Transportation Cabinet
				to adopt administrative regulations to establish a program for the issuance of
				a personalized license plate. This administrative regulation implement the
				provisions of
				KRS
				186.174.
Section
			 1. An application for a personalized license plate shall be
			 submitted on the form and in the manner specified in Section 11 of
			 601 KAR
			 9:130.
Section
			 2.
(1) If more than one (1)
			 application is received by the cabinet requesting the same combination of
			 letters of the alphabet or Arabic numerals, the application received first is
			 the one which the cabinet shall accept and issue a personalized license plate
			 based thereon.
(2) In order to
			 establish the time of receipt each application shall immediately be
			 time-stamped. This time-stamp shall also be used by the cabinet to determine
			 whether the application was timely received.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:015 - Registration of motor vehicle dealers and manufacturers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.070,
				190.010,
				190.040
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186.070 requires the Transportation Cabinet
				to promulgate an administrative regulation establishing the license revocation
				procedures for motor vehicle manufacturers and motor vehicle dealers. This
				administrative regulation establishes the license revocation procedures and
				establishes procedures for a county clerk to insure that a motor vehicle dealer
				or motor vehicle manufacturer is qualified and licensed as required in
				KRS
				186.070.
Section
			 1. County Clerk Procedures.
(1)
			 The county clerk, before issuing a motor vehicle dealer or motor vehicle
			 manufacturer a certificate of registration and a license plate pursuant to
			 KRS
			 186.070, shall require each applicant to
			 present a license issued by the Motor Vehicle Commission showing that he or she
			 has qualified as a motor vehicle dealer or motor vehicle manufacturer as
			 provided by
			 KRS
			 190.010.
(2) The clerk shall insert on the face of the
			 dealer registration certificate the license number issued by the Motor Vehicle
			 Commission.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:040 - Reciprocity and motor vehicle identification cards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 138, 186, 281
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapters 138, 186 and
				281 require the Transportation Cabinet to administer and enforce motor vehicle
				laws and the highway use tax laws and to regulate the transportation of persons
				and property for hire. This administrative regulation establishes the
				identifying documents required, and the fees therefor, necessary to enforce and
				administer the requirements of these laws.
Section
			 1. In General.
(1) Before a motor
			 carrier is entitled to reciprocity whereby the operation of its motor vehicles
			 engaged exclusively in interstate commerce is exempted from payment of
			 registration fees as required by
			 KRS
			 186.050, or seat taxes as required by KRS
			 186.276-186.286, there shall be a reciprocity agreement between the
			 Commonwealth of Kentucky and the state in which the motor carrier's equipment
			 should be and is properly licensed.
(2) In determining if a motor vehicle is
			 entitled to reciprocity, the law of Kentucky dealing with reciprocity,
			 administrative regulations of the cabinet, and the reciprocity agreements
			 between the states involved shall be the determining factors.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:045 - Proportional registration of rental vehicle fleets

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 186
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation sets out procedures to follow in registering rental vehicle fleets
				in the Commonwealth that qualify for proportional registration by virtue of
				engaging in interstate commerce, or in a combination of interstate and
				intrastate commerce, and operating into, through or within the
				Commonwealth.
Section 1.
(1) Proportional registration of fleets of
			 rental vehicles. An owner or operator of a fleet or fleets of vehicles which
			 are used exclusively for rental purposes for a period of less than thirty (30)
			 days, may elect to proportionally register its fleet in the Commonwealth of
			 Kentucky. The owner or operator who makes this election shall file an
			 application with the Department of Vehicle Regulation on or before sixty (60)
			 days prior to the registration period.
(2) The application shall be upon forms
			 furnished by the department except, that for good cause, the commissioner may
			 approve the use of and receive an application on a form furnished by the fleet
			 owner. The approval for the substitute form shall be secured at least thirty
			 (30) days prior to it use. Also, the request for the use of such forms shall be
			 in writing, setting forth circumstances to show why the standard forms would
			 pose a hardship.
(3) The
			 proportional registrant shall maintain complete records, which shall be subject
			 to inspection by an authorized agent of the Department of Vehicle Regulation.
			 The mileage and financial records and all other records supporting the sworn
			 application and not filed with the application, shall be maintained for a
			 period not less than three (3) years.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:080 - Assigned or replacement vehicle identification number

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186A.090
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation prescribes how to apply for a new or replacement vehicle
				identification number plate through the Department of Vehicle Regulation when
				the previous number is missing or when the vehicle or trailer has never had a
				vehicle identification number; and how a vehicle identification number plate
				shall be placed on the vehicle after approval and production by the Department
				of Vehicle Regulation as required by
				KRS
				186A.090.
Section
			 1. When applying for a new or replacement vehicle identification
			 number as permitted by
			 KRS
			 186A.090, the owner of the motor vehicle,
			 trailer or semitrailer but excluding mobile homes shall do the following:
(1) Complete, in full, the form for
			 application for motor number or vehicle identification number prescribed and
			 furnished by the Transportation Cabinet. This application must be signed and
			 notarized.
(2) Submit the completed
			 application to the county clerk or deliver in person to the Department of
			 Vehicle Regulation, Division of Motor Vehicle Licensing, Frankfort, Kentucky.
			 Attached to the completed application shall be proof of vehicle ownership, such
			 as title, registration, affidavit, or court order, a notarized statement
			 explaining why there is no serial or identification number on the vehicle and
			 the address where the vehicle may be examined.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:085 - Procedures for becoming a certified motor vehicle inspector

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186A.115, 516, 523
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.115(1)(a) requires the
				department to promulgate an administrative regulation establishing the
				certification requirements for a certified motor vehicle inspector. This
				administrative regulation establishes the requirements necessary to become a
				certified motor vehicle inspector and the process required for a motor vehicle
				inspector to be recertified.
Section 1.
			 Requirements.
(1) The sheriff of the county
			 for which the individual is to be certified shall submit the information
			 established in paragraphs (a) through (g) of this subsection to the
			 commissioner of the Department of Vehicle Regulation:
(a) Name of sheriff;
(b) Designation of sheriff or sheriff
			 elect;
(c) County in which sheriff
			 was elected;
(d) Sheriff's Social
			 Security number;
(e) Sheriff's
			 signature;
(f) Date the document
			 was executed by the sheriff; and
(g) The proposed inspector's:
1. Name;
2. Business mailing address;
3. County of residence;
4. Business and residence telephone
			 numbers;
5. Current designation as
			 certified inspector including inspector number and county, if
			 applicable;
6. Prior inspector
			 training and date, if applicable; and
7. Certification that he or she has attended
			 the training to become a certified motor vehicle inspector.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:090 - Procedures for inspecting vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186A.115, 186A.500-550, 189.010-210
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.020 authorizes the cabinet to promulgate
				administrative regulations necessary to carry out the provisions of KRS Chapter
				186A. This administrative regulation establishes an alternate procedure for
				inspecting vehicles by Kentucky certified inspectors.
Section 1. Definitions.
(1) "Roadworthiness" means "roadworthy
			 condition" as defined by
			 KRS
			 186A.510(8).
(2) "Salvage title" means the certificate of
			 title for a vehicle that is not driven on a highway.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:115 - Heavy vehicle use tax

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 186
NECESSITY, FUNCTION, AND CONFORMITY: The Code of Federal
				Regulations, CFR 41.6001-2 requires that each state must require proof of
				payment of the federal heavy vehicle use tax as a condition of issuing a
				registration for most vehicles with a declared gross weight of 55,000 pounds or
				more. This administrative regulation sets forth the procedures to be followed
				in Kentucky to comply with this federal requirement.
Section 1. Definitions. The words and phrases
			 in this section shall have the following definitions when used in this
			 administrative regulation:
(1) "Form 2290"
			 means the United States Department of the Treasury, Internal Revenue Service
			 Form 2290.
(2) "Declared gross
			 weight" means the sum of the actual unloaded weight of the vehicle fully
			 equipped for service, the actual unloaded weight of any trailer or semitrailer
			 fully equipped for service that is customarily used in combination with the
			 vehicle, and the weight of the maximum load customarily carried on the vehicle
			 and on any trailer or semitrailer used in combination with the vehicle. For the
			 purposes of the implementation of this administrative regulation only, and in
			 accord with 26 CFR 41.6001-2(6)(2)(i) of the Code of Federal Regulations, any
			 vehicle registered in the 44,001-55,000 pound bracket shall be determined to
			 have a declared gross weight of 54,999 pounds.
(3) "Receipted" means stamped or otherwise
			 acknowledged as received by the United States Department of the Treasury,
			 Internal Revenue Service.
(4)
			 "Motor vehicle" means any truck or bus that is propelled by its own motor and
			 is designed to carry a load over public highways. It does not matter whether it
			 was designed to perform functions other than carrying loads. The phrase does
			 not include vehicles not used for highway transportation, such as farm
			 tractors, road graders, bulldozers or specialized motor equipment used for
			 nontransportation functions.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:130 - Motor vehicle registration

Current through Register Vol. 51, No. 1, July 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.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:135 - Apportioned registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 131.110(1), 131.340, 186.020(1), (3), 186.040,
				186.050(13)(a), 186.051(2), 186.180, 186.240(2),  49 U.S.C. 31704
NECESSITY, FUNCTION, AND CONFORMITY:  49 U.S.C. 31704  requires
				each state to participate in the International Registration Plan. KRS 186.051(3) requires the Transportation Cabinet to promulgate an administrative
				regulation establishing a system of staggered registration time periods for
				commercial motor vehicles. KRS 186.050(13)(a) requires the Transportation
				Cabinet to promulgate an administrative regulation concerning the registration
				of commercial motor vehicles pursuant to the Articles of the International
				Registration Plan. This administrative regulation establishes the procedures
				required to register a commercial motor vehicle under the provisions of the
				International Registration Plan; clarifies if a vehicle licensed pursuant to
				KRS 186.050(13) is required to be licensed as established in other sections of
				KRS 186.050; and establishes the recordkeeping standards required for
				apportionable vehicles, auditing of the records by the Transportation Cabinet,
				and the appeal procedure if a disagreement occurs.
Section 1. Definitions.
(1) "Apportionable vehicle":
(a) Means a power conveyance that is used or
			 intended for use in two (2) or more International Registration Plan
			 Jurisdictions that is used for the transportation of persons for hire or
			 designed, used, or maintained primarily for the transportation of property and:
1. Has two (2) axles and gross vehicle weight
			 or registered gross vehicle weight in excess of 26,000 pounds (11,793.401
			 kilograms);
2. Has three (3) or
			 more axles, regardless of weight; or
3. Is used in combination for a vehicle with
			 a gross weight in which the combination exceeds 26,000 pounds (11,793.401
			 kilograms); and
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:140 - Temporary registration plates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.070,
				186A.100,
				186A.105(2),
				190.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.100(4) authorizes the
				cabinet to promulgate administrative regulations governing the application and
				use of temporary motor vehicle registration. This administrative regulation
				establishes the application procedures and uses for a temporary registration
				license plate.
Section 1. Definition.
			 "Panographic" means a surface that if scanned or xeroxed shall produce a
			 secured background word or image.
Section
			 2. Application.
(1) A
			 representative of a currently licensed motor vehicle or motorcycle dealer shall
			 apply to the county clerk for a temporary registration license plate by
			 presenting to the county clerk of residence a photo identification card and a
			 written authorization from the motor vehicle or motorcycle dealership for the
			 representative to apply for a temporary registration license plate.
(2) If the representative does not have
			 written authorization from the motor vehicle or motorcycle dealer, the county
			 clerk shall compare the representative's photo identification card to the list
			 of persons authorized by the dealer as established in
			 KRS
			 186.070(2).
(3) The county clerk shall issue from the
			 Automated Vehicle Information System a receipt that identifies the:
(a) Motor vehicle or motorcycle
			 dealer;
(b) Date of transaction;
			 and
(c) Control numbers of each
			 temporary registration license plate issued.
(4) The employee of a motor vehicle or
			 motorcycle dealer shall sign a receipt form to acknowledge receipt of the
			 temporary registration license plates.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:160 - Surrender or reactivation of vehicle title

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186A.215(3),
				186A.295
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.020 authorizes the cabinet to promulgate
				administrative regulations necessary to carry out the provisions of KRS Chapter
				186A.
				KRS
				186A.215(4) authorizes the
				cabinet to promulgate an administrative regulation establishing the procedures
				for the transferor of a motor vehicle if the transferee fails to submit the
				required documentation to the county clerk. This administrative regulation
				establishes the procedures for the transferor of a motor vehicle if the
				transferee of the motor vehicle fails to submit the documentation as required
				by
				KRS
				186A.215(3). This
				administrative regulation also establishes the procedures for a motor vehicle
				owner to reactivate a vehicle title that has been mistakenly
				surrendered.
Section 1. Transfer of
			 Vehicle Ownership.
(1) If the transferee of a
			 motor vehicle fails to submit the documents required by
			 KRS
			 186A.215(3) to a county
			 clerk's office within fifteen (15) days, the transferor of the motor vehicle
			 shall submit a signed and notarized TC Form 96-3, Affidavit of Incomplete
			 Transfer, to his or her county clerk of residence.
(2) Upon receipt of a signed and notarized TC
			 Form 96-3, Affidavit of Incomplete Transfer, a county clerk shall enter data
			 into the titling system to surrender the title and restrict a registration
			 transaction on the motor vehicle until the transfer has been
			 processed.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:200 - Registration and titling of rebuilt motor vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.115,
				186A.170(1)(b),
				186A.510-186A.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.530 requires the Transportation Cabinet
				to issue a certificate of title with a brand printed on the face of the title
				if the vehicle has been rebuilt or has a branded certificate of title from
				another jurisdiction.
				KRS
				186A.530(11) requires the
				Transportation Cabinet to promulgate administrative regulations regarding the
				administration of the title branding procedure, which requirements shall
				provide for the manner in which salvage titles and rebuilt brands on vehicles
				previously declared un-rebuildable by another state are differentiated from
				other salvage titles and rebuilt brands. This administrative regulation
				establishes the procedures for issuing the certificate of title and printing a
				brand on the face of the motor vehicle title. The administrative regulation
				also establishes the procedures for registration and titling of a rebuilt motor
				vehicle that has been assembled from parts of wrecked or salvage motor
				vehicles.
Section 1. Definition.
			 "Confidential inspection" means an inspection of a distinguishing number
			 assigned and permanently affixed to a vehicle or vehicle component, such as an
			 engine or transmission or other severable portion of a vehicle, and not readily
			 viewable by general observation.
Section
			 2. Application for a Kentucky Salvage Title.
(1) A Kentucky salvage title shall be issued
			 for a wrecked or damaged vehicle if the total estimated cost of repair exceeds
			 seventy-five (75) percent of the retail value of the vehicle.
(2) An applicant for a salvage title shall
			 submit an Application for Kentucky Certificate of Title or Registration, TC
			 Form 96-182, to the county clerk.
(3) If a vehicle with a salvage certificate
			 of title issued pursuant to
			 KRS
			 186A.520 is transferred within Kentucky or if
			 a vehicle with similar title from another jurisdiction is transferred into
			 Kentucky, the new certificate of title shall be another salvage certificate of
			 title until the owner of the motor vehicle has successfully gone through the
			 process established in Section 4 of this administrative regulation.
(4) An application for a certificate of title
			 shall be rejected by the Transportation Cabinet if there is a lien against the
			 vehicle recorded in the Automated Vehicle Information System or Kentucky
			 Automated Vehicle Information System.
(5) An application for a salvage or rebuilt
			 title shall not be processed through "speed title" as established in
			 KRS
			 186A.170(1)(b).
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:205 - Titling of all-terrain vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.020(1),
				186A.055,
				186A.070,
				186A.074,
				186A.130,
				186A.165,
				186A.170,
				186A.195,
				186A.215,
				186A.245,
				189.010
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.074(3) requires the
				cabinet to promulgate administrative regulations governing the titling
				procedures for all-terrain vehicles. This administrative regulation establishes
				the procedures necessary for an applicant to obtain a certificate of title for
				an all-terrain vehicle.
Section 1.
			 Application for Certificate of Title. The owner of an all-terrain vehicle
			 purchased after July 1, 2010 or on which a security interest is created after
			 July 1, 2010 shall apply for a certificate of title as follows:
(1) The applicant shall complete an
			 Application for Kentucky Certificate of Title or Registration, TC Form 96-182,
			 as incorporated by reference in
			 601 KAR
			 23:010.
(2) The applicant shall submit the completed
			 form with supporting documents and a fee of fifteen (15) dollars to the county
			 clerk of residence as established in
			 KRS
			 186A.130(4).
(3) Nothing in this administrative regulation
			 shall prevent the owner of an all-terrain vehicle purchased prior to July 1,
			 2010 and on which there is no security interest from applying for a certificate
			 of title as established in this section.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:210 - Continuation of title liens

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186A.185,
				186A.190,
				186A.193,
				186A.195
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				186A.010(2) requires the
				Transportation Cabinet to develop an automated motor vehicle and trailer
				registration and titling system.
				KRS
				186A.190 establishes the procedures for the
				perfection and discharge of a security interest in property that has been
				issued a Kentucky certificate of title under the cabinet's titling system. This
				administrative regulation establishes the procedure for filing a continuation
				statement to extend a security interest notation on a certificate of
				title.
Section 1. Continuation of a
			 Security Interest.
(1) A secured party shall
			 continue a security interest on a certificate of title beyond the expiration
			 date established in
			 KRS
			 186A.190 by filing a Title Lien Statement, TC
			 Form 96-187 in the office of the county clerk of the county where the original
			 lien is filed.
(2) For the purpose
			 of continuing a security interest, the Title Lien Statement, TC Form 96-187
			 shall be filed:
(a) No sooner than six (6)
			 months prior to the expiration date of the initial period established in
			 KRS
			 186A.190(1);
(b) On the expiration date; or
(c) If there is no expiration date, then on
			 the last day of the month of expiration.
(3) The Title Lien Statement shall be filed
			 no later than close of business on the date upon which the financing statement
			 lapses.
(4) The date the Title Lien
			 Statement is received in the appropriate county clerk's office shall control
			 the effectiveness of the continuation statement.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 9 - Motor Vehicle Tax › Section 601 KAR 9:220 - Motor vehicle dealer plates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 186, 190
NECESSITY, FUNCTION, AND CONFORMITY: To establish the criteria
				for the issuance and use of a motor vehicle dealer plate and to provide for the
				cancellation of a dealer plate for misuse of the plate.
Section 1. Definitions.
(1) "Bona fide salesman or employee" means as
			 defined in
			 KRS
			 186.070(1)(e).
(2) "Commission" means the Kentucky Motor
			 Vehicle Commission.
(3)
			 "Commissioner" means the Commissioner of the Department of Vehicle Regulation
			 or his designee.
(4) "Demonstration
			 trip" means a temporary use of a vehicle by a single prospective customer or
			 his employee for a reasonable evaluative purpose incidental to the sale of the
			 vehicle.
(5) "Dealer plate" means
			 any base plate or supplemental plate issued pursuant to
			 KRS
			 186.070.
(6) "Licensed motor vehicle dealer" means a
			 motor vehicle dealer as defined in
			 KRS
			 190.010 and licensed by the commission
			 pursuant to the provisions of KRS Chapter 190.
(7) "Misuse" means use of a dealer plate in a
			 manner unauthorized by
			 KRS
			 186.070 or Section 3 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:010 - Fees relating to commercial driver's licenses

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				186.531, Chapter 281A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281A.150, sets the maximum fee allowed to be
				charged for various commercial driver's licenses. It further requires the
				Transportation Cabinet to set the exact fees by administrative regulation.
				KRS
				281A.300 requires state and national criminal
				records checks of wanted or "hot file" records of any person initially applying
				for, or initially renewing, a commercial driver's license. It further allows a
				fee to be charged that is an amount not greater than the actual cost of
				processing the request and conducting the search. This administrative
				regulation establishes the fees that are to be divided between the
				Transportation Cabinet, Department of State Police and the circuit court clerk
				(through the Administrative Office of the Courts).
Section 1. Commercial Driver's License
			 Application Fee.
(1) Except as set forth in
			 subsection (2) of this section, an applicant for a commercial driver's license
			 shall pay an application fee of forty (40) dollars to the circuit court
			 clerk.
(2) An applicant for a
			 commercial driver's license who applies for a Class B or C commercial license
			 in order to only drive a school bus, church bus, mass transit bus or nonprofit
			 bus shall pay a fee of nine (9) dollars to the circuit court clerk.
Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 11 - Commercial Driver's License › Section 601 KAR 11:020 - Commercial driving history record

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				281A.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				281A.100 requires the Transportation Cabinet
				to furnish a commercial driving history record to certain persons. It further
				allows the Transportation Cabinet to charge a fee and establish what shall be
				included in the driving history record. This administrative regulation
				establishes the content of a commercial driving record, the fee for purchasing
				a record and the procedures to be followed for purchasing a record.
Section 1. Employer or Prospective Employer.
(1) In order for the Transportation Cabinet
			 to provide a copy of a ten (10) year commercial driving history record to a
			 commercial driver's employer or prospective employer, a commercial driver shall
			 sign a statement authorizing the cabinet to provide a copy of his complete ten
			 (10) year driving history record to:
(a) His
			 employer;
(b) A prospective
			 employer; or
(c) Another
			 person.