Kentucky Statutes 281.755 – Inspection of motor vehicles
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(1) The Department of Kentucky State Police or any other peace officer designated by the department may at any time or place make an inspection of any motor vehicle operating under the provisions of this chapter. They may enter into and upon any such motor vehicle for the purpose of ascertaining whether or not any provision of this chapter or any order or rule or regulation of the department relating to such motor vehicles has been violated. Willful refusal to stop any such motor vehicle, when ordered to do so by any representative of the Department of Kentucky State Police, or to permit the representative to enter into or upon the motor vehicle for the purpose of inspection, shall be sufficient ground for the revocation or suspension of the certificate or permit of the motor carrier.
(2) In the event that a peace officer orders a commercial motor vehicle to be taken to a storage or impoundment facility as a result of a violation which requires the vehicle to be moved, the driver of the commercial motor vehicle shall be granted the ability to drive the commercial motor vehicle to the storage or impoundment facility. If the driver elects to drive to the storage or impoundment facility, a peace officer shall escort the vehicle to the facility. This subsection shall not apply if the commercial motor vehicle is required to be impounded as a result of a violation of KRS
281A.210, an out-of-service order as defined in KRS § 281A.010(26), or a serious traffic violation as defined in KRS § 281A.010(29).
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 93, sec. 2, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 75, sec. 17, effective June 25, 2009. — Amended 2007 Ky. Acts ch. 85, sec. 279, effective June 26, 2007. — Amended 2005 Ky. Acts ch. 165, sec. 12, effective June 20, 2005. — Amended 1980 Ky. Acts ch. 295, sec. 96, effective July
15, 1980. — Created 1950 Ky. Acts ch. 63, sec. 38, effective June 15, 1950.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 93, sec. 3, provides: “Section 2 of this Act (this statute) shall apply retroactively, but shall not be construed to permit the prosecution of a person whose vehicle was inspected by a peace officer who did not, prior to the effective date of this Act (July 15, 2010), have the authority to perform inspections under KRS Chapter 281.”
(2) In the event that a peace officer orders a commercial motor vehicle to be taken to a storage or impoundment facility as a result of a violation which requires the vehicle to be moved, the driver of the commercial motor vehicle shall be granted the ability to drive the commercial motor vehicle to the storage or impoundment facility. If the driver elects to drive to the storage or impoundment facility, a peace officer shall escort the vehicle to the facility. This subsection shall not apply if the commercial motor vehicle is required to be impounded as a result of a violation of KRS
Terms Used In Kentucky Statutes 281.755
- Certificate: means a certificate of compliance issued under this chapter to motor carriers. See Kentucky Statutes 281.010
- Department: means the Department of Vehicle Regulation. See Kentucky Statutes 281.010
- Driver: means the person physically operating the motor vehicle. See Kentucky Statutes 281.010
- Motor carrier: means any person in either a private or for-hire capacity who owns, controls, operates, manages, or leases, except persons leasing to authorized motor carriers, any motor vehicle for the transportation of passengers or property upon any highway, and any person who engages in the business of automobile utility trailer lessor, vehicle towing, driveaway, or U-Drive-It. See Kentucky Statutes 281.010
- Motor vehicle: means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles. See Kentucky Statutes 281.010
- Permit: means a temporary permit of compliance issued under this chapter for a specified period not to exceed ten (10) days, and for a specific vehicle, to any motor carrier, including one who is a nonresident of the Commonwealth, who operates a motor vehicle and is not entitled to an exemption from the payment of fees imposed under KRS §. See Kentucky Statutes 281.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
281A.210, an out-of-service order as defined in KRS § 281A.010(26), or a serious traffic violation as defined in KRS § 281A.010(29).
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 93, sec. 2, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 75, sec. 17, effective June 25, 2009. — Amended 2007 Ky. Acts ch. 85, sec. 279, effective June 26, 2007. — Amended 2005 Ky. Acts ch. 165, sec. 12, effective June 20, 2005. — Amended 1980 Ky. Acts ch. 295, sec. 96, effective July
15, 1980. — Created 1950 Ky. Acts ch. 63, sec. 38, effective June 15, 1950.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 93, sec. 3, provides: “Section 2 of this Act (this statute) shall apply retroactively, but shall not be construed to permit the prosecution of a person whose vehicle was inspected by a peace officer who did not, prior to the effective date of this Act (July 15, 2010), have the authority to perform inspections under KRS Chapter 281.”