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; and2. 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/.44 Ky.R. 1171, 1520; eff. 1-30-2018.STATUTORY AUTHORITY: KRS 186A.020, 186A.073, 186A.115(2)(b), (c)