186.440 Persons ineligible for operator's license -- Reinstatement fee and exemption.

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Page 1 of 2 186.440 Persons ineligible for operator's license -- Reinstatement fee and exemption. An operator's license shall not be granted to: <br>(1) Any person who is not a resident of Kentucky; <br>(2) Any person under the age of sixteen (16); <br>(3) Any person under the age of eighteen (18) who holds a valid Kentucky instruction permit issued pursuant to KRS 186.450, but who has not graduated from high <br>school or who is not enrolled and successfully participating in school or who is not <br>being schooled at home, except those persons who satisfy the District Court of <br>appropriate venue pursuant to KRS 159.051(3) that revocation of their license <br>would create an undue hardship. Persons under the age of eighteen (18) shall <br>present proof of complying with the requirements of KRS 159.051; (4) Any person whose operator's license has been suspended, during the period of suspension, subject to the limitations of KRS 186.442; (5) Any person whose operator's license has been revoked, nor to any nonresident whose privilege of exemption under KRS 186.430 has been refused or discontinued, <br>until the expiration of the period for which the license was revoked, or for which the <br>privilege was refused or discontinued; (6) Any applicant adjudged incompetent by judicial decree; <br>(7) Any person who in the opinion of the Department of Kentucky State Police, after examination, is unable to exercise reasonable and ordinary control over a motor <br>vehicle upon the highways; (8) Any person who is unable to understand highway warnings or direction signs in the English language; (9) Any person required by KRS 186.480 to take an examination who has not successfully passed the examination; (10) Any person required by KRS Chapter 187 to deposit proof of financial responsibility, who has not deposited that proof; (11) Any person who has not filed a correct and complete application attested to in the presence of a person authorized to administer oaths; (12) Any person who cannot meet the requirements set forth in KRS 186.411(1) or (3); or (13) Any person whose operator's license has been suspended or revoked under the provisions of KRS Chapter 186, 187, or 189A until the person has forwarded to the <br>cabinet a reinstatement fee of fifteen dollars (&#36;15). The fee shall be paid by certified <br>check or money order payable to the State Treasurer who shall deposit five dollars <br>(&#36;5) of the fee in a trust and agency fund to be used in defraying the costs and <br>expenses of administering a driver improvement program for problem drivers. Ten <br>dollars (&#36;10) of the fee shall be deposited by the State Treasurer in a trust and <br>agency account to the credit of the Administrative Office of the Courts and shall be <br>used to assist circuit clerks in hiring additional employees, providing salary <br>adjustments for employees, providing training for employees, and purchasing Page 2 of 2 additional equipment used in administering the issuance of driver's licenses. The <br>provisions of this subsection shall not apply to any person whose license was <br>suspended for failure to meet the conditions set out in KRS 186.411 when, within <br>one (1) year of suspension, the driving privileges of the individuals are reinstated or <br>to any student who has had his or her license revoked pursuant to KRS 159.051. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 193, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 189, sec. 2, effective June 24, 2003. -- Amended 2002 Ky. Acts <br>ch. 264, sec. 6, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 442, sec. 5, <br>effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 198, sec. 4, effective October <br>1, 1996; and ch. 341, sec. 10, effective July 15, 1996. -- Amended 1994 Ky. Acts <br>ch. 267, sec. 1, effective July 15, 1994; ch. 416, sec. 7, effective July 15, 1994; and <br>ch. 455, sec. 3, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 63, sec. 1, <br>effective July 13, 1990; and ch. 234, sec. 2, effective July 13, 1990. -- Amended <br>1986 Ky. Acts ch. 123, sec. 1, effective July 15, 1986. -- Amended 1980 Ky. Acts <br>ch. 88, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 92, sec. 8, <br>effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 306, sec. 2. -- Amended 1966 <br>Ky. Acts ch. 78, sec. 1; and ch. 255, sec. 170. -- Recodified 1942 Ky. Acts ch. 208, <br>sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739m-37. Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 267, 416, and 455. Where these Acts are not in conflict, they have been <br>codified together. Where a conflict exists, Acts ch. 416, which was last enacted by <br>the General Assembly, prevails under KRS 446.250.