189A.085 Surrender and impoundment of motor vehicle license plates --

492 words·~2 min read·/ky/189a-085

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Hardship exception for affected individuals other than offender.

(1)Unless a person has been issued an ignition interlock license under KRS

189A.340 or a hardship license under KRS 189A.410, a person who has been

convicted of an offense under KRS 189A.010 may have the license plate or

plates on all of the motor vehicles or motorcycles owned by him or her, either

solely or jointly, impounded by the court of competent jurisdiction in

accordance with the following procedures:

(a)Following a court order of impoundment of a license plate or plates, the

person shall physically surrender any and all license plate or plates

currently in force on any motor vehicle or motorcycle owned either

individually or jointly by him or her to the court at the final sentencing

hearing, or within forty-five

(45)days after the hearing. If the person fails

to surrender his or her license plate or plates at the final sentencing

hearing or within forty-five

(45)days thereafter, the court may issue an

order directing the sheriff or any other peace officer to seize the license

plate or plates and to deliver any seized license plate or plates to the

court. The order of the court suspending the license plate or plates shall

not exceed the time for the suspension of the operator's license as

specified in KRS 189A.070; and

(b)The clerk of the court shall retain any surrendered plate or plates and

then transmit all surrendered plate or plates to the Transportation Cabinet

in the manner set forth by the Transportation Cabinet in administrative

regulations promulgated by the Transportation Cabinet.

(2)Upon application, the court may grant hardship exceptions to family members

or other individuals affected by the surrender of any license plate or plates of

any motor vehicle or motorcycle owned by the offender. Hardship exceptions

may be granted by the court to the offender's family members or other affected

individuals only if the family members or other affected individuals prove to the

court's satisfaction that their inability to utilize the surrendered motor vehicles

or motorcycles would pose an undue hardship upon the family members or

other affected individuals. Upon the court's granting of hardship exceptions, the

clerk or the Transportation Cabinet as appropriate, shall return to the family

members or other affected individuals the license plate or plates of the motor

vehicles or motorcycles of the offender for their utilization. The offender shall

not be permitted to operate a motor vehicle or motorcycle for which the license

plate has been suspended or for which a hardship exception has been granted,

unless the offender has been issued an ignition interlock license under KRS

189A.340 or a hardship license under KRS 189A.410.

(3)If the license plate of a jointly owned vehicle is impounded, this vehicle may be

transferred to a joint owner of the vehicle who was not the violator.

(4)If the license plate of a motor vehicle is impounded, the vehicle may be

transferred.