Monday, May 17, 2010

June 1994 Ky Supreme court decision clarified state agency having adequate KRS authority to compliance titling and registration of Kentucky motor vehicles; i.e., Divison of Vehicle Enforcment Officers...not state police.

Yet, sine June, 1994 it appears Division of Vehicle Enforcmeent Officers still are not in compliance with June 1994 Kentucky Supreme court ruling. I could be wrong but it appears so from structure of website.

Although KVE officers primarily enforce commercial vehicle laws, their sworn officers, as peace officers of the Commonwealth, have full power to issue citations and make arrests. Prior to the merger with the KSP, KVE officers would often provide speed enforcement and enforced other traffic laws, acting as a de facto highway patrol. While still maintaining full law enforcement authority, it is expected that KSP will return the agency's focus to commercial vehicle enforcement...WHERE IS JUNE 1994 KY SUPREME COURT CLARIFICATION MENTIONED KVE ONLY ONES HAVE KRS AUTHORITY TO COMPLIANCE KENTUCKIY'S MOTOR VEHICLES, WHICH INCLUDES TITLLING & REGISTRATION COMPLIANCE?

Essential to successful property tax compliance is collaboration between KVE AND Department of Revenue. CVE officers locate and identify mis-registered Kentucky vehicle owners reporting information to Department of Revenue property tax staff for verification, assessing taxable situs and value of vehicle, billing, handling bona fide appeals, billing and collecting.

Subject: Where is webpage for MOTOR VEHICLE ENFORCEMENT OFFICERS AND JUNE 1994 KY SUPREME COURT DECISION MVO ONLY ONE HAVING KRS AUTHORITY FOR MOTOR VEHICLE COMPLIANCE

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In June 1994 Kentucky Supreme court ruled the only state agency having KRS authority to compliance all motor vehicle laws in Kentucky was Division of Vehicle Enforcement Officers.

In early 2000 Fletcher administration merged Transportation Cabinet's Division of Vehicle Enforcement Officers with Justice Cabinet's State Police.

Yet, in 2010 state police webpage does not reflect 1994 Kentucky Supreme Court decions handed down almost 16 years ago. Recently, Governor Beshear made KVE a division of State Police, w/o mentioning of KVS's motor vehicle titling & registration responsibilities, as stated in June 1994 KY Supreme Court decision. This ommission should be properly advertised since motor vehicle compliance totally belongs to KVE since they have all the KRS authority. Suggest state police legal department look at this 1994 case and bring state police webpage information into compliance with current court interpretation; i.e., Division of Vehicle Enforcement Officers only state agency having authority to compliance Kentucky's motor vehicle titling and registration, drunk driving, etc.

Collaboration with Finance Cabinet's Department of Revenue is essential for MVEO to turn over names of suspected mis-registered motor vehicle owners to Revenue Department. Revenue needs evaders' Kentucky mailing address, car description, car's current mis-registered license plate number and state of registration to verify---for property tax billing purposes---motor vehicles' taxable situs to ascertain property tax jurisdiction. What follows is valuation, placing vehicle in property tax jurisdiction, billing and notification of owner for tax appeals process purposes. Bill will contain 10% or 20% penalty and interest will be calculated back 5 years before bill mailed to taxpayer.

Usage tax billing handled by usage tax section.

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This tax evasion existed in 2000 whereby Ky car owners of mis-registered, ILLEGALLY PLATED, motor vehicles operated daily on KY Highways uninhibited without consequences and continues today, May 17, 2010. Estimated amount of uncollected due-and-owing KY usage & property taxes is $250,000,000 DOLLARS!

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