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281.755 Inspection of motor vehicles.
(1)
(2)
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.
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."
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