Request By:
Mr. Al Tompkins
WBKO-TV Reporter
Box 1198
Bowling Green, Kentucky 42101
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Your question concerns the legality of bail bonding by motor clubs, such as AAA. The membership cards issued by AAA guarantee bail in case the card holder is arrested for speeding or any violation of motor vehicle law, provided he is not under the influence of liquor, drugs, or narcotics. You question such bail guarantee in the light of the recently enacted bail bond law. The membership card provides that in the event the member fails to appear in court at the time of trial, the payment of any fine or forfeiture not in excess of $200 is guaranteed. It is not an appeal bond. The authorities are authorized to accept the certificate of guarantee in lieu of cash bail.
The business of bail bondsmen has been generally prohibited by KRS 431.510. However, subsection (4) of that statute reads:
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"(4) KRS 431.510 to 431.550 shall not be construed to limit or repeal KRS 431.021 or to prevent licensed insurers providing security required by subtitle 39 of KRS chapter 304 and nonprofit associations from posting or causing to be posted by licensed insurers security or acting as surety for their insureds or members for an offense arising from the operation of a motor vehicle, provided that such posting of security or acting as surety is merely incidental to the terms and conditions of an insurance contract or a membership agreement and provided further that no separate premium or charge therefor is required from the insureds or members."
KRS 431.021 provides that a guaranteed arrest bond certificate presented by the person whose signature appears thereon shall be accepted in lieu of cash bail in an amount not to exceed two hundred dollars ($200) as a bail bond to guarantee the appearance of such person in any court in Kentucky, at the time required by such court, when he is arrested for violation of any law of this Commonwealth or traffic ordinance of any city therein relating to the operation of a motor vehicle.
It is our opinion that the guaranteed arrest bond certificate contained on your membership card of the Louisville Automobile Club is in valid compliance with the statutory law of Kentucky. KRS 431.510(4) makes it clear that the bail bond law [KRS 431.510 to 431.550] shall not be construed to limit or repeal KRS 431.021 ect. KRS 431.021(2) defines "guaranteed arrest bond certificate" as a printed card issued by an association to any of its members, which is signed by the member and contains a printed statement that such association and a surety company licensed to do business in Kentucky: (a) guarantee the appearance of the person whose signature appears on the card or certificate, and (b) will, in the event of the failure of such person to appear in court at the time set for appearance, pay any fine or forfeiture imposed upon such person in an amount not to exceed $200. The membership card you have meets that statutory definition. Also see RCr 4.18, which is almost identical with KRS 431.021.