Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
281.600,
281.880,
281.883,
49 C.F.R. 385, 390
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
281.880(2) authorizes the
department to issue motor carrier safety ratings to any private or for hire motor
carrier that is based in Kentucky. EO 2006-805 transferred the authority to
administer motor carrier safety laws and administrative regulations to the
Department of Kentucky Vehicle Enforcement. This administrative regulation
establishes safety requirements for motor carriers in intrastate commerce.
Section 1. Intrastate Safety Rating System.
(1) The department may issue a safety rating to a
motor carrier subject to the provisions of this administrative regulation if all of
the commercial motor vehicles operated by the motor carrier are operated exclusively
in Kentucky.
(2) The department shall
use the safety standards and rating criteria in 49 C.F.R. 385 in issuing a safety
rating.
(3)
(a) A motor carrier may request the department to
conduct an administrative review if it believes the department has committed an
error in assigning its proposed or final safety rating.
(b) The request and administrative review shall
comply with the procedures in
49 C.F.R. 385.15
except that the request shall be submitted to: KVE Compliance Review Program
Coordinator, 125 Holmes Street, 3rd Floor, Frankfort, Kentucky 40601.
(4)
(a) A motor carrier that has taken action to
correct deficiencies may request the department to change its proposed or final
safety rating at any time.
(b) The
request and determination shall comply with the procedures in
49 C.F.R.
385.17 except that the request shall be submitted
to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd Floor,
Frankfort, Kentucky 40601.
(5) Safety Fitness Information.
(a) Final ratings shall be made available to other
state and federal agencies in writing, telephonically, or by remote computer
access.
(b) The final safety rating
assigned to a motor carrier shall be made available to the public pursuant to the
procedures in KRS Chapter 61. Any person requesting the rating shall provide the
department with the motor carrier's name, principal office address, and if known,
the Kentucky DOT number.
(c) Requests
shall be addressed to: KVE Compliance Review Program Coordinator, 125 Holmes Street,
3rd Floor, Frankfort, Kentucky 40601.
Section 2. New Entrant Safety Assurance Program.
(1) A motor carrier operating in intrastate
commerce shall be subject to the department's New Entrant Safety Assurance Program
as set forth in 49 C.F.R. 385.301-337.
(2) A new entrant who receives a revocation notice
of its operating authority resulting from the safety audit may request the
department to conduct an administrative review if the entrant believes the
revocation determination was in error.
(3) The request and administrative review shall
comply with the procedures in
49
C.F.R. 385.327 except that the request shall be
submitted to: KVE Compliance Review Program Coordinator, 125 Holmes Street, 3rd
Floor, Frankfort, Kentucky 40601.
STATUTORY AUTHORITY:
KRS
15A.020,
281.600,
281.880,
49 C.F.R. 385, EO 2006-805