2014 Kentucky Revised Statutes CHAPTER 186A - AUTOMATED MOTOR VEHICLE REGISTRATION SYSTEM 186A.040 Motor vehicle insurance data included in system database -- Notification of cancellation, nonrenewal of policy, or absence of vehicle identification number to insured and county attorney -- Revocation of license -- Certified records to county attorney -- Information not subject to Kentucky Open Records Act.
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186A.040 Motor vehicle insurance data included in system database -Notification of cancellation, nonrenewal of policy, or absence of vehicle
identification number to insured and county attorney -- Revocation of
license -- Certified records to county attorney -- Information not subject
to Kentucky Open Records Act.
(1)
(2)
The Department of Vehicle Regulation shall provide and receive information on
the insurance status of vehicles registered in the Commonwealth of Kentucky
pursuant to KRS 304.39-087 and 304.39-085. The department shall provide
appropriate insurance information to the Commonwealth Office of Technology
for inclusion in the AVIS database to assist in identifying uninsured motor
vehicles.
(a) Upon notification to the Department of Vehicle Regulation from an
insurance company of cancellation or nonrenewal of a policy pursuant to
KRS 304.39-085, or on and after January 1, 2006, if the vehicle
identification number (VIN) of a personal motor vehicle does not appear in
the database created by KRS 304.39-087 for two (2) consecutive
reporting months, the department shall immediately make a determination
as to the notification of the insured. Notification to the insured shall state
that the insured's policy is no longer valid and that the insured shall have
thirty (30) days to show proof of insurance to the county clerk. The
department shall further inform the insured that if evidence of insurance is
not received within thirty (30) days the department shall revoke the
registration of the motor vehicle until:
1.
The person presents proof of insurance to the county clerk and pays
the reinstatement fee required by KRS 186.180;
2.
The person presents proof in the form of an affidavit stating, under
penalty of perjury as set forth in KRS 523.030, that the failure to
maintain motor vehicle insurance on the vehicle specified in the
department's notification is the result of the inoperable condition of
the motor vehicle;
3.
The person presents proof in the form of an affidavit stating, under
penalty of perjury as set forth in KRS 523.030, that the failure to
maintain motor vehicle insurance on the vehicle specified in the
department's notification is the result of the seasonal nature of the
vehicle. The affidavit shall explain that when the vehicle is out of
dormancy and when the seasonal use of the vehicle is resumed, the
proper security will be obtained; or
4.
The person presents proof in the form of an affidavit stating, under
penalty of perjury as set forth in KRS 523.030, that he or she
requires a registered motor vehicle in order to carry out his or her
employment and that the motor vehicle that he or she drives during
the course of his or her employment meets the security requirement
of Subtitle 39 of KRS Chapter 304. The person shall also declare in
the affidavit that he or she will operate a motor vehicle only in the
course of his or her employment. If a person has his or her motor
vehicle registration revoked in accordance with this subsection three
(3) times within any twelve (12) month period, the revocations shall
(b)
(c)
(d)
(3)
(a)
(b)
constitute a violation of KRS 304.39-080. The department shall
notify the county attorney to begin prosecution for violation of
subtitle 39 of KRS Chapter 304.
The Department of Vehicle Regulation shall be responsible for notification
to the appropriate county attorney that a motor vehicle is not properly
insured, if the insured does not respond to notification set out by
paragraph (a) of this subsection. The notice that the department gives to
the county attorney in accordance with paragraph (a) of this subsection
shall include a certified copy of the person's driving record which shall
include:
1.
The notice that the department received from an insurance
company that a person's motor vehicle insurance policy has been
canceled or has not been renewed; and
2.
A dated notice that the department sent to the person requiring the
person to present proof of insurance to the county clerk.
Upon notification by the department, a county attorney shall immediately
begin prosecution of the person who had his or her motor vehicle
registration revoked three (3) times within any twelve (12) month period in
accordance with paragraph (a) of this subsection.
The certified copies sent by the department described in paragraph (b) of
this subsection, shall be prima facie evidence of a violation of KRS
304.39-080.
If the insured provides proof of insurance to the clerk within the thirty (30)
day notification period, the department shall ensure action is taken to
denote a valid insurance policy is in force.
In developing the mechanism to electronically transfer information
pursuant to KRS 304.39-087, the commissioner of the Department of
Vehicle Regulation shall consult with the commissioner of the Department
of Insurance and insurers of personal motor vehicles to adopt a
standardized system of organizing, recording, and transferring the
information so as to minimize insurer administrative expenses. The
commissioner of vehicle regulation shall to the maximum extent possible
utilize nationally recognized electronic data information systems such as
those developed by the American National Standards Institute or the
American Association of Motor Vehicle Administrators.
Notwithstanding any other provision of law, information obtained by the
department pursuant to KRS 304.39-087 shall not be subject to the
Kentucky Open Records Act, KRS 61.872 to 61.884, and shall not be
disclosed, used, sold, accessed, utilized in any manner, or released by
the department to any person, corporation, or state and local agency,
except in response to a specific individual request for the information
authorized pursuant to the federal Driver's Privacy Protection Act, 18
U.S.C. secs. 2721 et seq. The department shall institute measures to
ensure that only authorized persons are permitted to access the
information for the purposes specified by this section. Persons who
knowingly release or disclose information from the database created by
KRS 304.39-087 for a purpose other than those described as authorized
by this section or to a person not entitled to receive it shall be guilty of a
Class A misdemeanor for each release or disclosure.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 238, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 85, sec. 611, effective June 20, 2005. -- Amended
2004 Ky. Acts ch. 130, sec. 2, effective July 13, 2004. -- Amended 2000 Ky.
Acts ch. 319, sec. 1, effective July 14, 2000; ch. 506, sec. 22, effective July 14,
2000; and ch. 536, sec. 22, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 442, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 341,
sec. 1, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 129, sec. 6,
effective January 1, 1985. -- Created 1982 Ky. Acts ch. 164, sec. 5, effective
July 15, 1982.
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