186.412 Application of United States citizen or permanent resident for instruction
896 words·~4 min read·
/ky/186-412A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
permit or operator's license -- Information and documents required --
Applicant without fixed residence -- Photograph -- Scanning and retaining of
application information -- Temporary license or permit -- Birth certificate --
Oath.
(1)As used in this section, "applicant" means a person who:
(a)Is a citizen or permanent resident of the United States; or
(b)Meets the minimum requirements for federal recognition in Section 202 of the
REAL ID ACT of 2005, as amended, in 49 U.S.C. sec. 30301 note, and has
been admitted to the United States as a nonimmigrant pursuant to a compact
of free association between the United States and the Republic of the Marshall
Islands, the Republic of Palau, or the Federated States of Micronesia.
(2)An applicant shall apply for an instruction permit or operator's license with the
Transportation Cabinet, or through alternative technology. Except as provided in
KRS 186.417, the application form shall require the applicant's:
(a)Full legal name and signature;
(b)Date of birth;
(c)Social Security number or a letter from the Social Security Administration
declining to issue a Social Security number;
(d)Sex;
(e)Present Kentucky resident address, exclusive of a post office box address
alone;
(f)Other information necessary to permit the application of United States citizens
to also serve as an application for voter registration;
(g)A brief physical description of the applicant;
(h)Proof of the applicant's Kentucky residency, including but not limited to a
deed or property tax bill, utility agreement or utility bill, or rental housing
agreement; and
(i)Other information the cabinet may require by administrative regulation
promulgated under KRS Chapter 13A.
(a)To satisfy the requirements of subsection (2)(e) and
(h)of this section, an
applicant seeking to obtain a renewal or duplicate operator's license may use a
completed form attesting to the lack of an established and fixed nighttime
residence of regular return as established in accordance with paragraph
(b)of
this subsection. The form developed under paragraph
(b)of this subsection
shall not be used by an applicant for an initial operator's license or instruction
permit.
(b)The cabinet shall promulgate administrative regulations in accordance with
KRS Chapter 13A to develop forms and procedures whereby an applicant for
a renewal or duplicate operator's license under this section or KRS 186.4121,
or an applicant for an initial, renewal, or duplicate personal identification card
under KRS 186.4122 or 186.4123, who does not have an established and fixed
nighttime residence of regular return may use as proof of residency, a form,
attested to by a homeless shelter, health care facility, or social service agency
currently providing the applicant treatment or services, that the applicant is a
resident of Kentucky. An applicant who does not have an established and
fixed nighttime residence of regular return shall not be issued a voluntary
travel ID operator's license under this section or KRS 186.4121.
(4)In addition to the information identified in subsection
(2)of this section, a:
(a)Permanent resident shall present one
(1)of the following documents issued by
the United States Department of Homeland Security, United States Bureau of
Citizenship and Immigration Services:
1. An I-551 card with a photograph of the applicant; or
2. A form with the photograph of the applicant or a passport with a
photograph of the applicant on which the United States Department of
Homeland Security, United States Bureau of Citizenship and
Immigration Services, has stamped the following: "Processed for I-551.
Temporary evidence of lawful admission for permanent residence. Valid
until .... (Expiration Date). Employment authorized."; and
(b)Person who meets the definition in subsection (1)(b) of this section shall
present a valid, unexpired passport from his or her country of origin, along
with one
(1)of the following documents issued by the United States
Department of Homeland Security, United States Bureau of Citizenship and
Immigration Services:
1. Form I-94, Arrival/Departure Record number;
2. Form I-766, Employment Authorization Document number; or
3. Form I-797, Notice of Action receipt number.
(5)Upon application for an operator's license under this section, the cabinet shall
capture a photograph of the applicant in accordance with the requirements of KRS
186.4102(1).
(a)Except as provided in paragraph
(b)of this subsection, the cabinet shall
electronically scan the documents required for application under this section
and shall electronically retain the application, supporting documents, and the
photograph of the applicant. Upon completion of any required examinations
under KRS 186.480, the cabinet shall present the applicant with a temporary
operator's license or instruction permit, which shall be valid for thirty
days until a permanent operator's license or instruction permit is mailed to the
applicant by the Transportation Cabinet.
(b)The cabinet shall only electronically scan the birth certificate of an individual
applying for a voluntary travel ID instruction permit or operator's license. If
the applicant is not seeking such a permit or license, the cabinet shall not
electronically scan the applicant's birth certificate.
(c)An applicant for an operator's license or instruction permit shall not be
required to surrender the applicant's birth certificate for image capture, image
storage, or image transmission to any entity, including the federal
government, unless express consent is given by the applicant during the
course of obtaining a voluntary travel ID license or permit.
(7)An applicant shall swear an oath to the cabinet as to the truthfulness of the
statements contained in the form.