Title 502 | Chapter 010 | Regulation 070
PREVIOUS VERSION
The previous document that this document is based upon is available.
502 KAR 10:070.Training vehicle, annual inspection.
Section 1.
Driver training motor vehicles shall be presented to any authorized representative of the Kentucky State Police Driver Testing Branch at least once a year for inspection.Section 2.
All motor vehicles used to give driver training instruction shall have a current safety inspection certificate issued by the department which shall be kept in the vehicle .Section 3.
The motor vehicle shall be:(1)
In a safe operating condition, not more than ten (10) years old;(2)
Insured as required in KRS 332.204(1)(d);(3)
Registered with the department in the name of a driver training school as required by 502 KAR 10:040;(4)
Equipped with dual controls on the foot brake, and on the clutch, if any, to enable the instructor to bring the car under control in case of emergency. The driver training school may offer instruction in both manual and automatic transmission vehicles; and(5)
Equipped with seat belts that shall be used by both student and instructor;(6)
Emergency ignition-kill toggle switch on instructor's side;(7)
Equipped with outside mirror on both driver's side and instructor's side; and(8)
Owned or leased by the school.Section 4.
The full name of the driver training school shall be prominently displayed on both front and rear of such vehicle in letters at least two (2) inches high and in colors vividly contrasting with the color of the vehicle.Section 5.
(1)
The driver training school and the driver training instructor shall insure that all training vehicles are inspected annually.(2)
If any items in Section 3 are found to be missing, or insufficient, the vehicle may be determined uncertifiable, and the driver training school may be directed to:(a)
Correct any condition that renders a vehicle unsafe for operation,(b)
Have mechanical or equipment deficiencies corrected by a certified mechanic, or(c)
Obtain insurance, registration, or ownership of the vehicle in compliance with Section(3)
Any vehicle that is determined to be uncertifiable shall be reinspected and have all corrections verified by the Driver Testing Branch prior to being approved for operation by the driver training school.Section 6.
A Driver Training School Fleet Information form, KSP 118, shall be submitted to the Driver Testing Branch within ten (10) days if:(1)
A driver training vehicle is added to the fleet of a primary or branch office location;(2)
A driver training vehicle is removed from the fleet of a primary or branch office location;(3)
A primary or branch office license is renewed as required by 502 KAR 10:040.Section 7.
Incorporated by reference.(1)
"Driver Training School Fleet Information", KSP-118, 2022 edition is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Driver Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and at any KSP regional driver testing office. This material is also available on the agency website kentuckystatepolice.org under driver testing.HISTORY: (PSfty-DTS-4; 1 Ky.R. 1034; eff. 6-11-1975; Am. 12 Ky.R. 1625; eff. 5-6-1986; 48 Ky.R. 1270, 2246; eff. 8-16-2022.)
COL. PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: January 6, 2022
FILED WITH LRC: January 11, 2022 at 10:44 a.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the annual inspection of driver training vehicles used by driver training schools.
(b) The necessity of this administrative regulation:
This regulation informs driver training schools of the requirements for registration of vehicles utilized for driver training instruction.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the procedures to ensure vehicles used for driver training instruction are registered, inspected, and safe to operate by driver training schools.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation establishes the requirements for inspection and certification of vehicles used for driver training instruction and adds requirements for maintenance of registration records filed with the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds a process for finding a vehicle uncertifiable, provides for correction and reinspection of an uncertifiable vehicle, provides for updating information when a vehicle is added, removed, or transferred in a driver training school’s fleet, and adds a form.
(b) The necessity of the amendment to this administrative regulation:
The amendment addresses changes required by statutory changes.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 332.216 requires the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 332. KRS 332.202 and 332.204 require the department to establish a licensure process for driver training schools for instruction of persons in the operation of motor vehicles which are not commercial motor vehicles. The amendment addresses the inspection and safety of vehicles used for training in the schools.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment provides clarification.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of Kentucky State Police; driver training schools; driver training school instructors; driver training school facilities.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The training schools will need to comply with the training vehicle inspection requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will benefit from having training vehicles inspected for safety in the schools.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds budgeted to the department.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees will be necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation does not establish any new fees; nor does it directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Kentucky State Police; driver training schools; driver training school instructors; driver training school facilities.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
: KRS 15A.160, 332.202, 332.204, and 332.216.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The administrative regulation does not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The administrative regulation does not generate any revenue.
(c) How much will it cost to administer this program for the first year?
No additional cost is anticipated.
(d) How much will it cost to administer this program for subsequent years?
No additional cost is anticipated.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
502 KAR 10:070.Training vehicle, annual inspection.
Section 1.
Driver training motor vehicles shall be presented to any authorized representative of the Kentucky State Police Driver Testing BranchSection 2.
All motor vehicles used to give driver training instruction shall have a current safety inspection certificate issued by the department which shall be kept in the vehicleSection 3.
(1)
In a safe operating condition, not more than ten (10)(2)
Insured as required in KRS 332.204(1)(d)(3)
Registered with the department in the name of a driver training school as required by 502 KAR 10:040;(4)
Equipped with dual controls on the foot brake, and on the clutch, if any, to(5)
Equipped with seat belts that shall(6)
Emergency ignition-kill toggle switch on instructor's side;(7)
Equipped with outside mirror on both driver's side and instructor's side; and(8)
Owned or leased by the school.Section 4.
The full name of the driver training school shall be prominently displayed on both front and rear of such vehicle in letters at least two (2) inches high and in colors vividly contrasting with the color of the vehicle.Section 5.
(1)
(2)
If any items in Section 3 are found to be missing, or insufficient, the vehicle may be determined uncertifiable, and the driver training school may be directed to:(a)
Correct any condition that renders a vehicle unsafe for operation,(b)
Have mechanical or equipment deficiencies corrected by a certified mechanic, or(c)
Obtain insurance, registration, or ownership of the vehicle in compliance with Section(3)
Any vehicle that is determined to be uncertifiable shall be reinspected and have all corrections verified by the Driver Testing Branch prior to being approved for operation by the driver training school.Section 6.
A Driver Training School Fleet Information form, KSP 118, shall be submitted to the Driver Testing Branch within ten (10) days if:(1)
A driver training vehicle is added to the fleet of a primary or branch office location;(2)
A driver training vehicle is removed from the fleet of a primary or branch office location;(3)
A primary or branch office license is renewed as required by 502 KAR 10:040.Section 7.
Incorporated by reference.(1)
"Driver Training School Fleet Information", KSP-118, 2022 edition is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky State Police, Driver Testing Branch, 1250 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and at any KSP regional driver testing office. This material is also available on the agency website kentuckystatepolice.org under driver testing.HISTORY: (PSfty-DTS-4; 1 Ky.R. 1034; eff. 6-11-1975; Am. 12 Ky.R. 1625; eff. 5-6-1986; 48 Ky.R. 1270, 2246; eff. 8-16-2022.)
COL. PHILLIP J. BURNETT, JR., Commissioner
APPROVED BY AGENCY: January 6, 2022
FILED WITH LRC: January 11, 2022 at 10:44 a.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, 125 Holmes Street, Frankfort, Kentucky 40601, phone (502) 564-8207, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the annual inspection of driver training vehicles used by driver training schools.
(b) The necessity of this administrative regulation:
This regulation informs driver training schools of the requirements for registration of vehicles utilized for driver training instruction.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation establishes the procedures to ensure vehicles used for driver training instruction are registered, inspected, and safe to operate by driver training schools.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation establishes the requirements for inspection and certification of vehicles used for driver training instruction and adds requirements for maintenance of registration records filed with the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment adds a process for finding a vehicle uncertifiable, provides for correction and reinspection of an uncertifiable vehicle, provides for updating information when a vehicle is added, removed, or transferred in a driver training school’s fleet, and adds a form.
(b) The necessity of the amendment to this administrative regulation:
The amendment addresses changes required by statutory changes.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 332.216 requires the department to promulgate administrative regulations to carry out the provisions of KRS Chapter 332. KRS 332.202 and 332.204 require the department to establish a licensure process for driver training schools for instruction of persons in the operation of motor vehicles which are not commercial motor vehicles. The amendment addresses the inspection and safety of vehicles used for training in the schools.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment provides clarification.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The Department of Kentucky State Police; driver training schools; driver training school instructors; driver training school facilities.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The training schools will need to comply with the training vehicle inspection requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost is anticipated.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
They will benefit from having training vehicles inspected for safety in the schools.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No additional cost is anticipated.
(b) On a continuing basis:
No additional cost is anticipated.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Funds budgeted to the department.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees will be necessary.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation does not establish any new fees; nor does it directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Department of Kentucky State Police; driver training schools; driver training school instructors; driver training school facilities.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
: KRS 15A.160, 332.202, 332.204, and 332.216.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The administrative regulation does not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
The administrative regulation does not generate any revenue.
(c) How much will it cost to administer this program for the first year?
No additional cost is anticipated.
(d) How much will it cost to administer this program for subsequent years?
No additional cost is anticipated.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation: