Request By:
Mr. Harold D. Van Hoose
Sheriff, Johnson County
Paintsville, Kentucky 41240
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your letter presents questions about the inspection, for the first time in Kentucky, of out-of-state vehicles.
Question No. 1:
"Who, if anyone, other than a bonded deputy sheriff may perform inspections of out-of-state vehicles in Johnson County?"
The inspections required by KRS 186.235 generally can only be made by the sheriff or one of his lawful deputies of the county in which the vehicle is required to be registered. By "deputies" we mean persons who are filling deputy positions authorized by proper orders of the fiscal court under KRS 64.530. Prior to the 1976 amendment [Ch. 354], a city or county peace officer, in counties other than those containing a city of the first or second class, could also inspect such vehicles. But those provisions were deleted in the 1976 amendment.
Question No. 2:
"Is it legal and appropriate for the Johnson County Court Clerk to accept the $3.00 inspection fee? "
KRS 186.235(1) provides that "The applicant shall pay the inspection officer a fee of three dollars ($3.00) for making the inspection. " (Emphasis added). Thus only the inspection officer is entitled to the inspection fee. Of course the inspection fee cannot be legally paid unless an actual inspection is conducted. KRS 64.410(2)(c). A county court clerk cannot accept such fee since he [or she as the case may be] is not a legal inspection officer and cannot legally make the inspection. Ray v. Woodruff, 168 Ky. 563, 182 S.W. 662 (1916) 664.
Question No. 3:
"Are there any penalties applicable to the signing of these forms in blank with the officer thereafter not being present for an actual inspection? "
You have indicated in your letter that the clerk has a constable to sign the inspection form in blank and later, when a new license is sought, the inspection form is completed as to identity of the vehicle, however, with no actual inspection taking place. We assume, in answering your legal questions, the vehicle in question is one that must be inspected under the terms of KRS 186.235 and does not fall within any of the enumerated exceptions thereto. The answer to your question is found in KRS 64.990(7), which reads:
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"(7) Any officer who splits up and divides his services so as to make two (2) charges, when the law intends but one (1) charge or fee for the whole service, or who knowingly makes an illegal charge, or issues an illegal fee-bill, or collects or attempts to collect his fees twice for the same services, or by any indirection collects or attempts to collect more for his services than is allowed by law, shall be guilty of a high misdemeanor and fined not less than $50.00 nor more than $200 and his conviction shall be prima facie evidence of his guilt in a proceeding to remove him from office."
Thus an officer who knowingly makes an illegal charge, i.e., exacts a fee where the required services are not rendered, shall be guilty of a high misdemeanor and fined not less than $50 nor more than $200; and his [or her as the case may be] conviction shall be prima facie evidence of guilt in a proceeding to remove such officer from office.