2013 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.412 License application -- Temporary license -- Personal identification card -- Child identification program -- Renewal of license by mail by citizens in military serving out-of-state -- Limited exemption for citizens with expired licenses who are returning from military -- Medical insignia -- Anatomical gift -- Limitation on number of licenses -- Married woman's name -- Witnesses for anatomical gifts -- "Veteran" designation.
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186.412 License application -- Temporary license -- Personal identification
card -- Child identification program -- Renewal of license by mail by
citizens in military serving out-of-state -- Limited exemption for citizens
with expired licenses who are returning from military -- Medical insignia -Anatomical gift -- Limitation on number of licenses -- Married woman's
name -- Witnesses for anatomical gifts -- "Veteran" designation.
(1)
(2)
(a)
A person who was under the age of eighteen (18) years at the time of
application for an instruction permit and is eighteen (18) years of age or
older may apply for an operator's license to operate a motor vehicle,
motorcycle, or moped if the person has possessed the valid instruction
permit for at least one hundred eighty (180) days and has completed a
driver training program under KRS 186.410(4).
(b) A person who has attained the age of eighteen (18) years and is under
the age of twenty-one (21) at the time of application for an instruction
permit may apply for an operator's license to operate a motor vehicle,
motorcycle, or moped if the person has possessed the valid instruction
permit for at least one hundred eighty (180) days.
(c) A person who is at least twenty-one (21) years of age at the time of
application for an instruction permit may apply for an operator's license to
operate a motor vehicle, motorcycle, or moped if the person has
possessed the valid instruction permit for at least thirty (30) days.
Except as provided in subsection (4) of this section, a person shall apply for an
operator's license in the office of the circuit clerk of the county where the
person lives. Except as provided in subsection (8)(b) and (c) of this section, the
application form shall require the person's:
(a) Full legal name and signature;
(b) Date of birth;
(c) Social Security number, federal tax identification number, a letter from the
Social Security Administration declining to issue a Social Security
number, or a notarized affidavit from the applicant to the Transportation
Cabinet swearing that the person either does not have a Social Security
number, or refuses to divulge his or her Social Security number, based
upon religious convictions;
(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) A statement if the person has previously been licensed as an operator in
another state;
(i) Proof of the person's Kentucky residency, including but not limited to a
deed or property tax bill, utility agreement or utility bill, or rental housing
agreement; and
(j) Other information the cabinet may require by administrative regulation
(3)
(4)
promulgated under KRS Chapter 13A.
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:
(a) An I-551 card with a photograph of the applicant; or
(b) 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 -----.
Employment authorized."
If the person is not a United States citizen and has not been granted status as
a permanent resident of the United States, the person's application for an
original operator's license shall be submitted to either the Transportation
Cabinet in Frankfort or a Transportation Cabinet field office.
(a) The application form shall be accompanied by the person's
documentation issued by the United States Department of Homeland
Security, United States Bureau of Citizenship and Immigration Services,
authorizing the person to be in the United States and, if applicable, the
person's international driving permit. The application form of a special
status individual with a K-1 status shall be accompanied by an original or
certified copy of the person's completed marriage license signed by the
official who presided over the marriage ceremony and two (2) witnesses.
The application form of a special status individual with a K-1 status shall
also include the person's petition to enter the United States for the
purpose of marriage that contains the name of the prospective spouse. If
the name of the prospective spouse on the petition does not match the
name of the spouse on the marriage license, the Transportation Cabinet
shall not be required to issue an operator's license.
(b) The Transportation Cabinet shall, within fifteen (15) days of receipt of the
application, review the person's documentation and determine if the
person will be issued a Kentucky operator's license. If the review of an
application will take longer than fifteen (15) days, the cabinet shall
continue the review, but the cabinet shall be required to make a
determination in all cases within thirty (30) days of receipt of the
application.
(c) If the cabinet determines the person may be issued an operator's license,
the cabinet shall issue the person an official form that the person shall
take to the office of the circuit clerk of the county where the person
resides. The circuit clerk shall review the person's documentation and the
official form issued by the Transportation Cabinet. If the documentation is
verified as accurate, and if the person successfully completes the
examinations required under KRS 186.480, the circuit clerk shall issue the
person a Kentucky operator's license.
(d) Except as provided in paragraphs (e) and (f) of this subsection, a person
who is not a United States citizen and who has not been granted status
as a permanent resident of the United States shall apply to renew an
(5)
(6)
(7)
operator's license, or obtain a duplicate operator's license, in the office of
the circuit clerk in the county in which the person resides.
(e) If a person is renewing an operator's license or is applying for a duplicate
license after July 15, 2002, and the person's documentation issued by the
United States Department of Homeland Security, United States Bureau of
Citizenship and Immigration Services, has not been reviewed by the
either the Transportation Cabinet in Frankfort or a Transportation Cabinet
field office under the provisions of this subsection, the person shall be
required to apply for the renewal or duplicate with either the
Transportation Cabinet in Frankfort or a Transportation Cabinet field
office.
(f) If a person has any type of change in the person's immigration status, the
person shall apply to renew an operator's license with either the
Transportation Cabinet in Frankfort or a Transportation Cabinet field
office.
The circuit clerk shall issue an operator's license bearing a color photograph of
the applicant and other information the cabinet may deem appropriate. The
photograph shall be taken by the circuit clerk so that one (1) exposure will
photograph the applicant and the application simultaneously. When taking the
photograph, the applicant shall be prohibited from wearing sunglasses or any
other attire that obscures any features of the applicant's face as determined by
the clerk. The clerk shall require an applicant to remove sunglasses or other
obscuring attire before taking the photograph required by this subsection. Any
person who refuses to remove sunglasses or other attire prohibited by this
section as directed by the clerk shall be prohibited from receiving an operator's
license. The operator's license issued by the cabinet shall not contain the
applicant's Social Security number. The cabinet shall promulgate administrative
regulations pursuant to KRS Chapter 13A that develop a numbering system
that uses an identification system other than Social Security numbers. If an
applicant does not have a Social Security number, or the applicant has
submitted a notarized affidavit refusing to divulge his or her Social Security
number based upon religious convictions, the Transportation Cabinet shall
assign the applicant a unique identifying number. The license shall also
designate by color coding and use the phrase "under 21" if the licensee is
under the age of twenty-one (21); "CDL" if the license is issued pursuant to
KRS Chapter 281A; or "under 21 CDL" if the licensee holds a commercial
driver's license issued pursuant to KRS Chapter 281A and is under the age of
twenty-one (21).
Every applicant shall make oath to the circuit clerk as to the truthfulness of the
statements contained in the form.
(a) Except as provided in subsection (8) of this section, the circuit clerk shall
issue a color photo personal identification card to any person who is a
Kentucky resident and who resides in the county who complies with the
provisions of this section and who applies in person in the office of the
circuit clerk. An application for a personal identification card shall be
accompanied by the same information as is required for an operator's
license under subsection (2) of this section, except if a person does not
(b)
(c)
(d)
(e)
(8)
(a)
(b)
have a fixed, permanent address, the person may use as proof of
residency a signed letter from a homeless shelter, health care facility, or
social service agency currently providing the person treatment or services
and attesting that the person is a resident of Kentucky.
It shall be permissible for the application form for a personal identification
card to include as a person's most current resident address a mailing
address, post office box, or an address provided on a voter registration
card.
Every applicant for a personal identification card shall make an oath to
the circuit clerk as to the truthfulness of the statements contained on the
application form. If the applicant is not the legal owner or possessor of the
address provided on the application form, the applicant shall swear that
he or she has permission from the legal owner, authorized agent for the
legal owner or possessor to use the address for purposes of obtaining the
personal identification card. The personal identification card shall
designate by color coding and by use of the phrase "under 21" if the
applicant is under the age of twenty-one (21).
A personal identification card shall be valid for a period of four (4) years
from the date of issuance, except that if the personal identification card is
issued to a person who does not have a fixed, permanent address, then
the personal identification card shall be valid for one (1) year from the
date of issuance. Except as provided in this subsection, an initial or
renewal personal identification card issued to a person who is not a
United States citizen and who has not been granted status as a
permanent resident of the United States and who is not a special status
individual, but who is a Kentucky resident, shall be valid for a period equal
to the length of time the person's documentation from the United States
Department of Homeland Security, United States Bureau of Citizenship
and Immigration Services is issued, or four (4) years, whichever time
period is shorter. An initial or renewal personal identification card shall be
valid for a period of two (2) years if the person is not a special status
individual and the person's documentation issued by the United States
Department of Justice, Immigration and Naturalization Service, is issued
for an indefinite period of time and does not have an expiration date. The
fee shall be the same as for a regular personal identification card.
A personal identification card may be suspended or revoked if the person
who was issued the card presents false or misleading information to the
cabinet when applying for the card.
A person may be issued a personal identification card if the person
currently holds a valid Kentucky instruction permit or operator's license. If
a person's instruction permit or operator's license has been suspended or
revoked, the person may be issued a temporary personal identification
card. A temporary personal identification shall be renewed annually and
may be surrendered when the person applies to have his or her
instruction permit or operator's license reinstated.
Upon receipt of proper documentation provided by the Department of
Corrections, the circuit clerk of the county in which a released felony
(c)
offender resides shall issue to any felony offender, if the felony offender is
eligible, released from the Department of Corrections on home
incarceration, parole, completed service of sentence, shock probation, or
pardon, a personal identification card or, if the felony offender is eligible,
an operator's license. Proper documentation under this paragraph shall
consist of:
1.
The offender's certificate of birth;
2.
A copy of the offender's resident record card and parole certificate
or notice of discharge;
3.
A photograph of the offender, printed on plastic card or paper; and
4.
A release letter that shall contain the offender's:
a.
Full legal name, subject to the information available to the
Department of Corrections;
b.
Discharge/release date;
c.
Signature;
d.
Social Security number;
e.
Date of birth;
f.
Present Kentucky address where he or she resides; and
g.
Physical description.
The offender shall present this documentation to the circuit clerk within
thirty (30) calendar days from the date of the release letter and shall be
responsible for paying the fee for the personal identification card or
operator's license pursuant to KRS 186.531. The provisions of this
paragraph shall apply only to persons released on or after July 15, 2010.
Upon receipt of proper documentation provided by the Department of
Corrections, the circuit clerk of the county in which a felony offender
resides shall issue to any felony offender, if the felony offender is eligible,
probated or conditionally discharged by the court and under the
supervision of the Division of Probation and Parole, a personal
identification card or, if the felony offender is eligible, an operator's
license. Proper documentation under this paragraph shall consist of:
1.
The offender's certificate of birth;
2.
The offender's sentencing order;
3.
A photograph of the offender, printed on plastic card or paper; and
4.
A notarized release letter, signed by the supervising officer verifying
the offender's status on supervision, that shall contain the offender's:
a.
Full legal name, subject to the information available to the
Division of Probation and Parole;
b.
Signature;
c.
Social Security number;
d.
Date of birth;
e.
Present Kentucky address where he or she resides; and
f.
Physical description.
The offender shall present this documentation to the circuit clerk within
thirty (30) calendar days from the date of the notarized release letter. The
offender shall be responsible for paying the fee for the personal
identification card or operator's license pursuant to KRS 186.531. The
provisions of this paragraph shall apply only to persons released on or
after July 15, 2010.
(9) The Transportation Cabinet shall implement a voluntary statewide child
identification program. The program shall issue a color photo personal
identification card to a child two (2) to fifteen (15) years of age. Application for a
child identification card shall be accompanied by a Social Security card and a
birth certificate for the child or other proof of the child's date of birth as provided
under subsection (2) of this section. The card shall contain the child's name
and the toll-free number of the Kentucky Missing Persons Clearinghouse,
Department of Kentucky State Police. The card shall not contain the child's
Social Security number. The cabinet shall set a four dollar ($4) fee for the child
identification card. Two dollars ($2) of the fee shall be used to cover the
cabinet's cost for equipment and supplies. Two dollars ($2) of the fee shall be
an administrative fee of the circuit clerk for issuing the card which shall be
deposited by the Administrative Office of the Courts into a trust and agency
account for the circuit clerks and used for the purposes of hiring additional
deputy clerks and providing salary adjustments to deputy clerks. The card shall
expire every four (4) years on the child's birthday. Within the time period that
the child identification card is valid, the card may be updated with a new
photograph and information. The fee for an updated card shall be four dollars
($4), with two dollars ($2) of the fee going to the cabinet and two dollars ($2)
going to the Administrative Office of the Courts in the same manner as the fee
for an initial card as described in this subsection. The descriptive data and a
photo image of the child shall be stored in the Kentucky Driver's License
Information System and may be retrieved and used by public agencies subject
to the provisions of the Driver Privacy Protection Act, 18 U.S.C. sec. 2721, and
may also be used by the Kentucky Missing Persons Clearinghouse.
(10) If a citizen of the Commonwealth currently serving in the United States military
is stationed or assigned to a base or other location outside the boundaries of
the Commonwealth, the citizen may renew a Class D operator's license issued
under this section by mail. If the citizen was issued an "under 21" operator's
license, upon the date of his or her twenty-first birthday, the "under 21"
operator's license may be renewed for an operator's license that no longer
contains the outdated reference to being "under 21."
(11) A citizen of the Commonwealth renewing an operator's license by mail under
subsection (10) of this section may have a personal designee apply to the
circuit clerk on behalf of the citizen to renew the citizen's operator's license. An
operator's license being renewed by mail under subsection (10) of this section
shall be issued a license without a photograph. The license shall show in the
space provided for the photograph the legend "valid without photo and
signature."
(12) (a) If a citizen of the Commonwealth has been serving in the United States
military stationed or assigned to a base or other location outside the
boundaries of the Commonwealth and has allowed his or her operator's
(13)
(14)
(15)
(16)
(17)
license to expire, he or she shall, within ninety (90) days of returning to
the Commonwealth, be permitted to renew his or her license without
having to take a written test or road test.
(b) A citizen who meets the criteria in paragraph (a) of this subsection shall
not be convicted or cited for driving on an expired license prior to license
renewal during the ninety (90) days after the person's return to the
Commonwealth if the person can provide proof of his or her out-of-state
service and dates of assignment.
(c) A citizen who meets the criteria in paragraph (a) of this subsection and
who does not renew his or her license within ninety (90) days of returning
to the Commonwealth shall be required to comply with the provisions of
this chapter governing renewal of a license that has expired.
(d) If a citizen of the Commonwealth has been issued an "under 21" or
"under 21 CDL" operator's license and the person is unable to renew the
license on the date of his twenty-first birthday, the "under 21" or "under 21
CDL" operator's license shall be valid for ninety (90) days beyond the
date of the person's twenty-first birthday.
The cabinet shall provide on each license to operate motor vehicles,
motorcycles, and mopeds a space for the licensed driver's:
(a) Blood type;
(b) Medical insignia if the person provides evidence that a medical
identification bracelet noting specific physical ailments or a drug allergy is
being worn or other proof as may be required by the cabinet; and
(c) A statement whereby the owner of the license may certify in the presence
of two (2) witnesses his willingness to make an anatomical gift under KRS
311.1917.
If the motor vehicle operator denotes a physical ailment or drug allergy on the
operator's license, he may apply for and shall receive, for a fee of two dollars
($2) paid to the circuit clerk, two (2) medical insignia decals that may be affixed
to the driver's side of the front windshield of a motor vehicle and to the driver's
side of the rear window of a motor vehicle.
An operator's license pursuant to this section shall be designated a Class D
license.
A person shall not have more than one (1) license.
Upon marriage, a woman applying for an operator's license or a color photo
personal identification card shall provide the circuit clerk with her marriage
license and complete an affidavit form provided by the circuit court clerk. She
shall have the following choices in regard to her full legal name as required in
subsections (2) and (7) of this section:
(a) Use her husband's last name;
(b) Retain her maiden name;
(c) Use her maiden name hyphenated with her husband's last name;
(d) Use her maiden name as a middle name and her husband's last name as
her last name; or
(e) In the case of a previous marriage, retain that husband's last name.
(18) Upon issuing an operator's license or personal identification card, the clerk
shall draw the recipient's attention to the location on the license relating to
anatomical gifts under subsection (13)(c) of this section and offer to allow
personnel in the clerk's office to serve as the witnesses to the recipient's
certification of willingness to make an anatomical gift if the recipient is the
person to whom the license is issued.
(19) Any person who served in the active Armed Forces of the United States,
including the Coast Guard of the United States, and was released, separated,
discharged, or retired therefrom under conditions other than dishonorable,
may, at the time of initial application or application for renewal or duplicate,
request that an operator's license or a personal identification card issued under
this section bear the word "veteran" on the face or the back of the license or
personal identification card. The designation shall be in a style and format
considered appropriate by the Transportation Cabinet. Prior to obtaining a
designation requested under this subsection, the applicant shall present the
circuit clerk with an original or copy of his or her DD-214 or DD-2 form as proof
of veteran status. The circuit clerk shall not be liable for fraudulent or misread
DD-214 or DD-2 forms presented.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 110, sec. 1, effective June 25, 2013. -Amended 2012 Ky. Acts ch. 11, sec. 1, effective July 12, 2012. -- Amended
2011 Ky. Acts ch. 59, sec. 5, effective June 8, 2011; and ch. 79, sec. 2, effective
June 8, 2011. -- Amended 2010 Ky. Acts ch. 98, sec. 1, effective July 15, 2010;
and ch. 161, sec. 32, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 46,
sec. 2, effective June 25, 2009. -- Amended 2008 Ky. Acts ch. 2, sec. 1,
effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 192, effective
June 26, 2007. -- Amended 2006 Ky. Acts ch. 65, sec. 4, effective July 12, 2006.
-- Amended 2005 Ky. Acts ch. 55, sec. 1, effective June 20, 2005. -- Amended
2002 Ky. Acts ch. 96, sec. 1, effective July 15, 2002; ch. 261, sec. 1, effective
January 1, 2003; and ch. 264, sec. 4, effective July 15, 2002. -- Amended 2000
Ky. Acts ch. 535, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 52, sec. 1, effective March 16, 1998; and ch. 192, sec. 1, effective July 15,
1998. -- Amended 1996 Ky. Acts ch. 185, sec. 1, effective July 15, 1996; and
ch. 198, sec. 5, effective October 1, 1996. -- Amended 1994 Ky. Acts ch. 86,
sec. 1, effective July 15, 1994; ch. 393, sec. 9, effective January 1, 1995; and
ch. 481, sec. 1, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 455,
sec. 29, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 165, sec. 1,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 142, sec. 1, effective July
15, 1986. -- Amended 1984 Ky. Acts ch. 402, sec. 2, effective July 13, 1984. -Amended 1982 Ky. Acts ch. 236, sec. 1, effective July 15, 1982; ch. 243, sec. 1,
effective July 15, 1982; and ch. 389, sec. 2, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 349, sec. 4, effective June 17, 1978; and ch. 434, sec. 2,
effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 15, sec. 1, effective
January 1, 1975; and ch. 124, sec. 1. -- Amended 1970 Ky. Acts ch. 22, sec. 1;
and ch. 103, sec. 1. -- Amended 1968 Ky. Acts ch. 63, sec. 3, effective June 13,
1968. -- Created 1958 Ky. Acts ch. 60, sec. 2.
Legislative Research Commission Note (7/15/94). This section was amended by
1994 Ky. Acts chs. 86, 393, and 481. Where these Acts are not in conflict, they
have been codified together. Where Acts chs. 86 and 481 are in conflict, Acts
ch. 481, which was the last enacted by the General Assembly, prevails under
KRS 446.250. 1994 Ky. Acts ch. 393 amending this section is effective January
1, 1995, according to OAG 94-42.
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