Kentucky Statutes 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 — Certif…
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(1) 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 KRS § 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.
(2) (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 Notification to the insured shall state that the insured’s policy is no longer valid and that the insured shall have thirty (30) days to show proof of insurance to the county clerk.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 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.
(b) 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.
(c) 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.
(d) 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.
(3) (a) 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.
(b) 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 KRS § 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.
(2) (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-
Terms Used In Kentucky Statutes 186A.040
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- 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
- Month: means calendar month. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
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 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.
(b) 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.
(c) 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.
(d) 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.
(3) (a) 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.
(b) 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 KRS § 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.