601 KAR 13:070. KRS 159.051, Compliance verification for a minor.

601 KAR 13:070. KRS 159.051, Compliance Verification for a Minor.

RELATES TO: KRS 159.051, 186.440, 186.450, 186.560

STATUTORY AUTHORITY: KRS 186.400(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 186.400(1) authorizes the Transportation Cabinet to promulgate administrative regulations for the enforcement of driver licensing laws. This administrative regulation establishes the requirements of the notification to be submitted by a minor driver licensing applicant to the Circuit Court Clerk and the notification to be sent by a school superintendent to the cabinet if a minor withdraws from school or is academically deficient. This administrative regulation is necessary to enforce KRS 159.051 and 186.560(7).

Section 1. Definitions. (1) "Minor" means a person under the age of eighteen (18) years.

(2) "Participating school district" means a school district which the Department of Education has reported to the Transportation Cabinet as having an alternative education program which complies with 704 KAR 7:100.

Section 2. Minor's Application for Driving Privilege. (1) A minor residing within the boundaries of a participating school district who is applying for an original learner's permit, a transfer learner's permit, or a transfer operator's license shall submit to the circuit court clerk:

(a) Proof of graduation from high school;

(b) Proof of having received his General Equivalency Diploma;

1. Applicant's full name;

2. Social Security or driver's license number;

3. Name and address of school attended;

4. Name and address of the school district;

5. Signature and title of the school official completing the form;

6. Statement that the minor is attending and successfully participating in school as defined in KRS 159.051;

7. Embossed seal of the school district; and

8. Date of execution of the form; or

(d) A statement from his parent or guardian that the minor is being schooled at home. The statement shall contain the following:

1. Applicant's full name;

2. Social Security or driver's license number;

3. Parent or guardian’s full name, address, and signature;

4. Statement executed within the preceding sixty (60) days that the minor is successfully participating in home school as defined in KRS 159.051; and

5. Date the statement was executed.

(2) The statements required by subsection (1)(c) or (d) of this section may be submitted to the circuit court clerk on the Department of Education form entitled "Driver Licensing School Enrollment Verification or Reinstatement, KRS 159.051 (No Pass/No Drive Statute)".

Section 3. Notification of Noncompliance with KRS 159.051. (1) A participating school district superintendent shall submit a statement to the Transportation Cabinet to report that a minor is not in compliance with KRS 159.051. The statement shall contain the following information:

(a) Minor's full name;

(b) Minor's Social Security or driver's license number;

(d) Superintendent's name;

(e) Statement that the minor is not in compliance with KRS 159.051;

(f) Embossed seal of the school district; and

(g) Date of execution of the statement.

(2) This statement shall be sent to the Transportation Cabinet, Division of Driver Licensing, 501 High Street, Second Floor, State Office Building, Frankfort, Kentucky 40622.

(3) This statement may be submitted on the Department of Education form entitled "Driver Licensing Suspension Form, KRS 159.051 (No Pass/No Drive Statute)".

Section 4. Reapplication After Compliance with KRS 159.051. (1) If a minor becomes eligible to reapply for driving privilege by complying with KRS 159.051, the school district shall prepare a compliance notice containing the following information:

(a) Minor's full name;

(b) Minor's Social Security or driver's license number;

(d) Name and address of the school;

(e) Signature and title of the school district official executing the compliance notice;

(f) Statement that the minor is in compliance with KRS 159.051;

(g) Embossed seal of the school district; and

(h) Date of execution.

(2) The notice shall be sent to the Transportation Cabinet, Division of Driver Licensing, 501 High Street, Second Floor, State Office Building, Frankfort, Kentucky 40622.

(3) The minor may submit a copy of the notice to the circuit court clerk in his county of residence.

(4) The notice may be submitted on the Department of Education's form entitled "Driver Licensing School Enrollment Verification or Reinstatement, KRS 159.051 (No Pass/No Drive Statute)".

Section 5. Counties with Multiple School Districts. (1) In a county with multiple school districts, if at least one (1) is a participating school district, then each minor driver licensing applicant shall:

(a) Comply with Section 2 of this administrative regulation; or

(b) Provide to the circuit court clerk a notice that he resides in a district which does not have an approved alternative education program. The notice shall contain the following:

1. Full name of minor;

2. Social Security or driver's license number of the minor;

3. Name and address of the school district;

4. Statement that the school district is not a participating school district;

5. Name and title of school district official completing the statement;

6. Embossed seal of the school district; and

7. Date of completion of the statement.

(2) The statement referred to in subsection (1)(b) of this section may be submitted on the Department of Education form entitled "School Districts Not Participating, KRS 159.051 (No Pass/No Drive Statute)".

Section 6. Material Incorporated by Reference. (1) The following material is incorporated by reference:

(a) "Driver Licensing School Enrollment Verification or Reinstatement, KRS 159.051 (No Pass/No Drive Statute)" form, (October 1996), Department of Education;

(b) "School Districts Not Participating, KRS 159.051 (No Pass/No Drive Statute)", (March 1995), Department of Education; and

(2) This material may be inspected, copied, or obtained at the Department of Education, Student/Family Support Services, Capital Plaza Tower, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 1649; Am. 1991; eff. 12-4-90; 23 Ky.R. 2264; 3347; eff. 3-4-97.)