2022 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 304.39085, 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Notification to the insured shall state that the insured's policy is no longer
valid and that the insured shall have thirty (30) days to show proof of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)
(b)
(c)
(d)
(3)
(a)
(b)
month period, the revocations shall 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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