Could Kentucky government agencies put official license plates on leased vehicles?

Plain-English summary

Representative Hubert Collins asked whether three older Kentucky Attorney General opinions still barred official license plates on government vehicles that the government did not own. The AG answered no in 2012. A 1996 amendment changed KRS 186.060(4) from a rule tied to vehicles “exclusively owned” by a governmental unit to one covering vehicles “leased or owned” by it. The older opinions were abrogated to the extent they relied on the former ownership language.

Currency note

This opinion was issued in 2012. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Government fleet managers

Under the amended statute the AG examined, federal, state, and local governmental units could use official plates on vehicles leased or owned by them. The opinion addressed the ownership condition in the older AG opinions; it did not discuss other registration requirements.

Legislators and local officials

The AG identified the 1996 wording change as the reason OAG 95-001, OAG 74-456, and OAG 73-6 could no longer be relied on for an exclusive-ownership rule. Its conclusion was limited to the extent those opinions used the former statutory language.

Common questions

Could a Kentucky agency use an official plate on a leased vehicle under the law discussed in 2012?

Yes. The AG said KRS 186.060(4) then used “leased or owned,” which permitted official plates on vehicles leased by governmental units.

Why had earlier AG opinions said no?

The earlier opinions relied on statutory language barring official plates when a vehicle was not “exclusively owned” by the governmental unit. The 1996 amendment replaced that language.

Were all three earlier opinions withdrawn in full?

The AG said they should no longer be relied on only insofar as they depended on the old exclusive-ownership language. The opinion did not assess their other holdings.

Background and statutory framework

KRS 186.060 governed registration and licensing of official vehicles. The request came from the House Transportation Committee's chair and named OAG 95-001, OAG 74-456, and OAG 73-6. The AG compared the old and amended wording of KRS 186.060(4) and concluded that leased vehicles came within the amended rule.

Citations and references

• KRS 186.060(4): official vehicle plate rule amended in 1996.
• OAG 95-001, OAG 74-456, and OAG 73-6: earlier opinions abrogated only to the extent they relied on exclusive ownership.

Source

• Landing page: https://kdla.access.preservica.com/uncategorized/IO_b59a99b2-df6e-4431-8c11-d996e5f8c831/
• Original PDF: https://kdla.access.preservica.com/download/file/IO_b59a99b2-df6e-4431-8c11-d996e5f8c831

Original opinion text

OAG 12-001
January 25, 2012
Subject:

Effect of 1996 amendments of KRS 186.060

Requested by:

Representative Hubert Collins
97th District

Written by:

James M. Herrick
Assistant Attorney General

Syllabus:

KRS 186.060(4), as amended in 1996, allows federal,
state, and local governmental units to use official license plates on vehicles leased or owned by them; prior opinions to the contrary are abrogated insofar as they rely on prior statutory language.

Statute construed:
OAG’s cited:

KRS 186.060

OAG 95-001, OAG 74-456, OAG 73-6

Opinion of the Attorney General
KRS 186.060 governs the registration and licensing of official vehicles by federal, state, and local governmental units. Representative Hubert Collins, as Chairman of the House Transportation Committee, has inquired as to whether certain prior Opinions of the Attorney General are still applicable after the 1996 amendments to KRS 186.060. In OAG 95-001, OAG 74-456, and OAG 73-6, it was the opinion of this office that a city, county, state agency, or other unit of government could not use an official license plate on a vehicle which was not owned by that governmental unit. This was due to specific language in KRS 186.060(4) that prohibited the use of such plates when the vehicle

OAG 12-001
Page 2

was “not exclusively owned by [the] governmental unit.” This statute
was amended in 1996 so that the term “owned” or “exclusively owned”
is now replaced by “leased or owned.” The unambiguous intent of this
amendment is to allow units of government to use official plates on vehicles leased by them, where such use was formerly prohibited. It is therefore our conclusion that OAG 95-001, 74-456, and 73-6 should no longer be relied upon insofar as they rely upon the “exclusively owned” language formerly appearing in KRS 186.060. Those opinions are abrogated, to that extent, by the 1996 amendments to the statute.

Jack Conway
Attorney General

James M. Herrick
Assistant Attorney General