RELATES TO: KRS 186.010, 186.020, 186A.070(1), 186A.073,
186A.115, 186A.170, 49 C.F.R. Section 571.7
NECESSITY, FUNCTION, AND CONFORMITY: KRS 186A.073(4) and (5)
requires the Kentucky Transportation Cabinet to promulgate administrative
regulations establishing the procedures necessary to apply for, and obtain
title for a military surplus vehicle. This administrative regulation
establishes the requirements for an applicant to obtain a certificate of title
and registration for a military surplus vehicle.
Section 1. Definitions.
(1) "Military surplus vehicle" is defined by
KRS 186.010(20).
(2) "Motor
vehicle" is defined by KRS 186.010(4).
Section 2. Application for Title.
(1) The owner of a military surplus vehicle
shall apply for a certificate of title as established in paragraphs (a) through
(c) of this subsection.
(a) The military
surplus vehicle shall be inspected by a certified motor vehicle inspector who
meets the requirements of
601 KAR 9:085 and
601 KAR 9:090.
(b) The certified motor vehicle inspector
shall complete a Military Surplus Vehicle Inspection form, TC 96-344,
certifying that the vehicle is roadworthy.
(c) The applicant for title shall submit to
the county clerk of residence:
1. The
completed Military Surplus Inspection form, TC 96-344, and supporting documents
that establish the sale or transfer of the vehicle from the military or the
military's designated agent to the applicant; and
2. Proof that the military surplus vehicle
was originally manufactured in accordance with mandated requirements
established in 49 C.F.R. Section
571.7. A military surplus vehicle built prior
to 1968 and prior to the requirements of 49 C.F.R. Section
571.7 shall be
exempt from inspection.
(2) If the previous owner is a person or
entity other than the military or the military's designated agent, the
applicant shall submit a completed Application for Kentucky Certificate of
Title or Registration, TC 96-182, and the supporting documents as required by
KRS 186.020 and 186A.070(1).
(3) A
military surplus vehicle shall remain designated as a military surplus vehicle
after transfer of ownership or sale.
(4) A military surplus vehicle inspected
pursuant to subsection (1)(a) of this section shall not be inspected again as
an out-of-state vehicle as required by KRS 186A.115.
(5) The county clerk of residence shall issue
an original certificate of title without a special brand unless the vehicle was
originally branded in another state.
Section 3. Certification.
(1) A military surplus vehicle that has been
certified as roadworthy pursuant to the vehicle inspection in Section 2(1)(a)
of this administrative regulation shall be considered a motor vehicle and shall
not require a re-inspection.
(2) A
roadworthy military surplus vehicle may be processed through speed title
pursuant to KRS 186A.170(1)(b).
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Kentucky
Certificate of Title or Registration", TC 96-182, October,2015; and
(b) "Military Surplus Vehicle Inspection", TC
96-344, May, 2017.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Department of Vehicle Regulation, 200 Mero Street,
Frankfort, Kentucky 40622, Monday through Friday, 8:00 a.m. to 4:30 p.m. This
material may also be obtained by accessing the department's Web site at
http://Drive.ky.gov/
