Kentucky Statutes 186A.115 – Inspection of motor vehicles and documents by certified inspector — Fee for certification of inspection — Reciprocity between counties — Modifications of military surplus vehicles — Administrative regulations — Excep…
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(1) (a) Except as otherwise provided in this section, the owner of every vehicle brought into this state and required to be titled in this state shall, before submitting his or her application for title to the county clerk, have the vehicle together with his or her application for title and its supporting documents inspected by a certified inspector in the county in which the application for title is to be submitted to the county clerk.
(b) An owner of a military surplus vehicle seeking title in this state shall, before submitting his or her application for title to the county clerk, have the vehicle together with his or her application for title and its supporting documents inspected by a certified inspector in the county in which the application for title is to be submitted to the county clerk.
(2) For inspections under this section:
(a) The certified inspector shall be certified through the Department of Vehicle Regulation following requirements set forth by the department by regulation and shall be designated by the county sheriff. The certified inspector will be held responsible for all certifications required pursuant to this chapter and will be liable for any and all penalties prescribed in this chapter, and shall be available during regular office hours at any and all offices and branches that issue applications for titles;
(b) There shall be a five dollar ($5) fee for this certification, payable to the sheriff’s office, upon completion of certification;
(c) There shall be an additional fee of ten dollars ($10) per trip when it becomes necessary for the certified inspector to travel to the site of the vehicle rather than bringing the vehicle to the sheriff’s inspection area; and
(d) An inspection conducted in one (1) county within the Commonwealth of Kentucky under this subsection, and the fees paid for that inspection under this subsection, shall be honored by the certified inspector, sheriff, and county clerk in all other counties within this state. A second inspection shall not be required and additional fees shall not be required.
(3) The Transportation Cabinet may require that modifications be made to a military surplus vehicle. Any modifications required by the cabinet under this section shall be made to the military surplus vehicle prior to its inspection.
(4) The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of subsections (1)(b) and (3) of this section, including but not limited to vehicle modification requirements and the creation of a separate inspection form. The Transportation Cabinet shall note that military vehicles were originally manufactured under the federally mandated requirements set forth in 49 C.F.R. § 571.7 and shall only require these vehicles to meet applicable federal motor vehicle safety standards.
(5) The following vehicles are excluded from the requirement of inspection by a
certified inspector prior to titling in this state:
(a) New motor vehicles sold by a dealer licensed in this state;
(b) Vehicles required to be registered in this state by reason of lack of a reciprocity agreement with another state and for which a nonnegotiable registration document is to be issued;
(c) Motor vehicles operated by a motor carrier under a nonnegotiable certificate or permit issued by the Department of Vehicle Regulation;
(d) Motor vehicles owned by servicemen or servicewomen who are residents of Kentucky stationed outside of Kentucky may be inspected by the post provost or similar officer of the camp, post, or station. The post provost or similar officer shall submit an affidavit stating the name of the owner, the identification or serial number, the make, body style, current license or title number, if any, and state in which currently registered or titled, if any, of the motor vehicle;
(e) Motor vehicles purchased in another state by persons who are residents of Kentucky but are temporarily residing out of state for at least thirty (30) days, but not longer than nine (9) months, may after the purchase of the vehicle be inspected by the state police, a local law enforcement agency, or the vehicle inspection program of another state. If an inspector in another state examines a vehicle under this paragraph, the purchaser may request the inspector to complete an affidavit stating the name of the owner, the vehicle identification number, the vehicle make and body style, the current state of registration, if any, and the current vehicle license or title number, if any. The Transportation Cabinet shall create an affidavit form containing at a minimum this information and shall post the form on the cabinet’s Internet Web site. A person using an inspector in another state under this paragraph shall comply with all requirements of that state’s inspection program, including payment of fees charged in that state. A person registering a motor vehicle for the first time in Kentucky under this paragraph shall transmit the application for registration, all supporting documentation, and payment for registration and usage tax to the county clerk of the county in which the person resides, and upon receipt of the appropriate documentation, the county clerk shall register the vehicle; and
(f) Motor vehicles no longer located in Kentucky but which require inspection in order to issue a corrected Kentucky title due to error in vehicle identification or serial number may be inspected by an inspector authorized to inspect vehicle identification or serial number by the laws of the state or foreign country where application for a new title has been submitted.
(6) When presented to a certified inspector for inspection or to a county clerk for processing, the owner’s application for a first certificate of registration or title in his or her name shall be accompanied by proof of insurance in compliance with KRS § 304.39-080 and one (1) of the following documents as applicable:
(a) If the vehicle is a new vehicle not previously registered in this state, the properly assigned manufacturer’s statement of origin for the vehicle for which registration or title is sought;
(b) If the vehicle was last registered in this state, and is a vehicle for which a title is not required in this state, a certificate of registration, or if the vehicle is one for which a certificate of title is required in this state, a properly assigned certificate of title;
(c) If the vehicle was last previously titled in another state, a properly assigned certificate of title;
(d) If the application refers to a vehicle previously registered in another country, the documents of that country establishing ownership of the vehicle;
(e) If the application refers to a vehicle last previously registered in another country by a person on active duty in the Armed Forces of the United States, the county clerk may accept on behalf of the Department of Vehicle Regulation evidence of ownership provided the applicant by the United States Department of Defense; and
(f) Except as provided in KRS § 186A.072(2)(c) governing custom-built motorcycles, if the application relates to a vehicle which has been specially constructed or reconstructed, that fact shall be stated in the application, and the application shall be accompanied by the documents specified by administrative regulations of the Department of Vehicle Regulation.
(7) When requested to inspect a vehicle pursuant to this section, the certified inspector shall personally and physically inspect the vehicle, when registration or title is sought in this state, on the following points:
(a) He or she shall ensure that the application is legible and properly executed to the extent required at the time of execution;
(b) He or she shall compare the vehicle identification number as appearing on both the vehicle identification number plate, and the federal safety standards label of the vehicle which is sought to be registered or titled, with the corresponding number inscribed on the application, and its supporting documentation, and ensure that the vehicle identification number appearing at each described location appears legitimate and that they are consistent with each other;
(c) He or she shall examine the primary odometer of the vehicle and legibly record the reading in the space provided in the inspection section of the application; and
(d) After exercising due diligence in inspecting the vehicle, the application, and its supporting documentation, and finding that they appear to be in order, the certified inspector shall execute the preprinted certificate of inspection according to its terms by printing in the spaces provided his or her first name, middle initial, and last name, and his or her title; the name of the county in which he serves; and the telephone number including the telephone area code of his or her agency, and sign in ink his or her signature in the space provided, and print the month, day, and year in which his or her inspection was made, certifying under penalty of forgery in the second degree the character, accuracy, and date of his or her inspection.
(8) The certified inspector shall refrain from executing the certificate of inspection if:
(a) He or she has not personally and physically inspected the vehicle in accordance with this section;
(b) He or she has reason to believe that the vehicle displays an unlawfully altered vehicle identification number;
(c) The application and any of its copies are illegible or otherwise improperly executed, or contain information reasonably believed to be inaccurate or fraudulent;
(d) The documentation required in support of any application is not present, or not consistent with the vehicle and the owner’s application or appears fraudulent; or
(e) He or she has probable cause to believe the vehicle is stolen.
(9) (a) Inspections on motor vehicles that meet the definition of a “historic vehicle” under KRS § 186.043(2) and are brought into this state shall be limited to verification of the vehicle identification number with supporting documentation for purposes of titling.
(b) Inspections on motor vehicles that meet the definition of a classic motor vehicle project as set forth in KRS § 186A.510 shall be limited to verification of the vehicle identification number with supporting documentation for purposes of issuing a classic motor vehicle project certificate of title under KRS § 186A.535(1).
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 55, sec. 2, effective June 29, 2017. — Amended 2008 Ky. Acts ch. 157, sec. 3, effective July 15, 2008. — Amended
2007 Ky. Acts ch. 135, sec. 2, effective June 26, 2007. — Amended 2003 Ky. Acts ch. 97, sec. 1, effective June 24, 2003. — Amended 2002 Ky. Acts ch. 298, sec. 3, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 35, sec. 2, effective July 15, 1996; and ch. 248, sec. 4, effective July 15, 1996. — Amended
1994 Ky. Acts ch. 504, sec. 3, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 319, sec. 1, effective July 15, 1986. — Created 1982 Ky. Acts ch. 164, sec. 20, effective July 15, 1982.
(b) An owner of a military surplus vehicle seeking title in this state shall, before submitting his or her application for title to the county clerk, have the vehicle together with his or her application for title and its supporting documents inspected by a certified inspector in the county in which the application for title is to be submitted to the county clerk.
Terms Used In Kentucky Statutes 186A.115
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 186A.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Month: means calendar month. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(2) For inspections under this section:
(a) The certified inspector shall be certified through the Department of Vehicle Regulation following requirements set forth by the department by regulation and shall be designated by the county sheriff. The certified inspector will be held responsible for all certifications required pursuant to this chapter and will be liable for any and all penalties prescribed in this chapter, and shall be available during regular office hours at any and all offices and branches that issue applications for titles;
(b) There shall be a five dollar ($5) fee for this certification, payable to the sheriff’s office, upon completion of certification;
(c) There shall be an additional fee of ten dollars ($10) per trip when it becomes necessary for the certified inspector to travel to the site of the vehicle rather than bringing the vehicle to the sheriff’s inspection area; and
(d) An inspection conducted in one (1) county within the Commonwealth of Kentucky under this subsection, and the fees paid for that inspection under this subsection, shall be honored by the certified inspector, sheriff, and county clerk in all other counties within this state. A second inspection shall not be required and additional fees shall not be required.
(3) The Transportation Cabinet may require that modifications be made to a military surplus vehicle. Any modifications required by the cabinet under this section shall be made to the military surplus vehicle prior to its inspection.
(4) The Transportation Cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of subsections (1)(b) and (3) of this section, including but not limited to vehicle modification requirements and the creation of a separate inspection form. The Transportation Cabinet shall note that military vehicles were originally manufactured under the federally mandated requirements set forth in 49 C.F.R. § 571.7 and shall only require these vehicles to meet applicable federal motor vehicle safety standards.
(5) The following vehicles are excluded from the requirement of inspection by a
certified inspector prior to titling in this state:
(a) New motor vehicles sold by a dealer licensed in this state;
(b) Vehicles required to be registered in this state by reason of lack of a reciprocity agreement with another state and for which a nonnegotiable registration document is to be issued;
(c) Motor vehicles operated by a motor carrier under a nonnegotiable certificate or permit issued by the Department of Vehicle Regulation;
(d) Motor vehicles owned by servicemen or servicewomen who are residents of Kentucky stationed outside of Kentucky may be inspected by the post provost or similar officer of the camp, post, or station. The post provost or similar officer shall submit an affidavit stating the name of the owner, the identification or serial number, the make, body style, current license or title number, if any, and state in which currently registered or titled, if any, of the motor vehicle;
(e) Motor vehicles purchased in another state by persons who are residents of Kentucky but are temporarily residing out of state for at least thirty (30) days, but not longer than nine (9) months, may after the purchase of the vehicle be inspected by the state police, a local law enforcement agency, or the vehicle inspection program of another state. If an inspector in another state examines a vehicle under this paragraph, the purchaser may request the inspector to complete an affidavit stating the name of the owner, the vehicle identification number, the vehicle make and body style, the current state of registration, if any, and the current vehicle license or title number, if any. The Transportation Cabinet shall create an affidavit form containing at a minimum this information and shall post the form on the cabinet’s Internet Web site. A person using an inspector in another state under this paragraph shall comply with all requirements of that state’s inspection program, including payment of fees charged in that state. A person registering a motor vehicle for the first time in Kentucky under this paragraph shall transmit the application for registration, all supporting documentation, and payment for registration and usage tax to the county clerk of the county in which the person resides, and upon receipt of the appropriate documentation, the county clerk shall register the vehicle; and
(f) Motor vehicles no longer located in Kentucky but which require inspection in order to issue a corrected Kentucky title due to error in vehicle identification or serial number may be inspected by an inspector authorized to inspect vehicle identification or serial number by the laws of the state or foreign country where application for a new title has been submitted.
(6) When presented to a certified inspector for inspection or to a county clerk for processing, the owner’s application for a first certificate of registration or title in his or her name shall be accompanied by proof of insurance in compliance with KRS § 304.39-080 and one (1) of the following documents as applicable:
(a) If the vehicle is a new vehicle not previously registered in this state, the properly assigned manufacturer’s statement of origin for the vehicle for which registration or title is sought;
(b) If the vehicle was last registered in this state, and is a vehicle for which a title is not required in this state, a certificate of registration, or if the vehicle is one for which a certificate of title is required in this state, a properly assigned certificate of title;
(c) If the vehicle was last previously titled in another state, a properly assigned certificate of title;
(d) If the application refers to a vehicle previously registered in another country, the documents of that country establishing ownership of the vehicle;
(e) If the application refers to a vehicle last previously registered in another country by a person on active duty in the Armed Forces of the United States, the county clerk may accept on behalf of the Department of Vehicle Regulation evidence of ownership provided the applicant by the United States Department of Defense; and
(f) Except as provided in KRS § 186A.072(2)(c) governing custom-built motorcycles, if the application relates to a vehicle which has been specially constructed or reconstructed, that fact shall be stated in the application, and the application shall be accompanied by the documents specified by administrative regulations of the Department of Vehicle Regulation.
(7) When requested to inspect a vehicle pursuant to this section, the certified inspector shall personally and physically inspect the vehicle, when registration or title is sought in this state, on the following points:
(a) He or she shall ensure that the application is legible and properly executed to the extent required at the time of execution;
(b) He or she shall compare the vehicle identification number as appearing on both the vehicle identification number plate, and the federal safety standards label of the vehicle which is sought to be registered or titled, with the corresponding number inscribed on the application, and its supporting documentation, and ensure that the vehicle identification number appearing at each described location appears legitimate and that they are consistent with each other;
(c) He or she shall examine the primary odometer of the vehicle and legibly record the reading in the space provided in the inspection section of the application; and
(d) After exercising due diligence in inspecting the vehicle, the application, and its supporting documentation, and finding that they appear to be in order, the certified inspector shall execute the preprinted certificate of inspection according to its terms by printing in the spaces provided his or her first name, middle initial, and last name, and his or her title; the name of the county in which he serves; and the telephone number including the telephone area code of his or her agency, and sign in ink his or her signature in the space provided, and print the month, day, and year in which his or her inspection was made, certifying under penalty of forgery in the second degree the character, accuracy, and date of his or her inspection.
(8) The certified inspector shall refrain from executing the certificate of inspection if:
(a) He or she has not personally and physically inspected the vehicle in accordance with this section;
(b) He or she has reason to believe that the vehicle displays an unlawfully altered vehicle identification number;
(c) The application and any of its copies are illegible or otherwise improperly executed, or contain information reasonably believed to be inaccurate or fraudulent;
(d) The documentation required in support of any application is not present, or not consistent with the vehicle and the owner’s application or appears fraudulent; or
(e) He or she has probable cause to believe the vehicle is stolen.
(9) (a) Inspections on motor vehicles that meet the definition of a “historic vehicle” under KRS § 186.043(2) and are brought into this state shall be limited to verification of the vehicle identification number with supporting documentation for purposes of titling.
(b) Inspections on motor vehicles that meet the definition of a classic motor vehicle project as set forth in KRS § 186A.510 shall be limited to verification of the vehicle identification number with supporting documentation for purposes of issuing a classic motor vehicle project certificate of title under KRS § 186A.535(1).
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 55, sec. 2, effective June 29, 2017. — Amended 2008 Ky. Acts ch. 157, sec. 3, effective July 15, 2008. — Amended
2007 Ky. Acts ch. 135, sec. 2, effective June 26, 2007. — Amended 2003 Ky. Acts ch. 97, sec. 1, effective June 24, 2003. — Amended 2002 Ky. Acts ch. 298, sec. 3, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 35, sec. 2, effective July 15, 1996; and ch. 248, sec. 4, effective July 15, 1996. — Amended
1994 Ky. Acts ch. 504, sec. 3, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 319, sec. 1, effective July 15, 1986. — Created 1982 Ky. Acts ch. 164, sec. 20, effective July 15, 1982.