Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
15A.020,
281.600,
281.880,
281.883,
49
U.S.C. 521(b), 49 C.F.R. 385,
390
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
281.880(2) authorizes the
department to establish a system of penalties for safety violations. 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 administrative penalties and an appeals process for safety
violations by motor carriers in intrastate commerce.
Section 1. Definitions.
(1) "Compliance review" is defined by
49 C.F.R.
385.3.
(2) "Safety violation" means a violation of
KRS
281.880,
500 KAR
14:010, or
601 KAR
1:005 as determined by the department during a compliance
review.
(3) "Violator" means an owner or
operator of a motor carrier against whom a civil penalty is assessed for a safety
violation.
Section 2.
Penalties.
(1) For safety violations by motor
carriers in intrastate commerce, the department shall apply the system of
administrative penalties and procedures in
49
U.S.C. 521(b) and the U.S.
Department of Transportation Uniform Fine Assessment program, subject to the
provisions of this administrative regulation.
(2) A violator shall be liable to the department
for any civil penalty assessed.
(3) A
violator who does not pay the penalty or fails to arrange and abide by an acceptable
payment plan for the penalty shall not operate in intrastate commerce beginning on
the 91st day after the specified payment date.
Section 3. Appeals Process.
(1) A violator may ask for review of the assessed
penalty by the program coordinator. The request shall be:
(a) In writing; and
(b) Submitted within fifteen (15) days of
receiving the penalty to: KVE Compliance Review Program Coordinator, 125 Holmes
Street, 3rd Floor, Frankfort, Kentucky 40601.
(2) Following a review pursuant to subsection (1)
of this section, a violator may contest a penalty by requesting an administrative
hearing under KRS Chapter 13B. The request shall be:
(a) In writing; and
(b) Submitted within fifteen (15) days of the
review being finalized to: KVE Compliance Review Program Coordinator, 125 Holmes
Street, 3rd Floor, Frankfort, Kentucky 40601.
(3)
KRS 13B.010
through
13B.170
shall govern all hearings conducted under subsection (2) of this section.
(4) A violator may appeal the final order of the
commissioner in accordance with
KRS
13B.140 through
13B.160.
STATUTORY AUTHORITY:
KRS
281.600,
281.880,
281.883,
49
U.S.C. 521(b), 49 C.F.R. 385, EO
2006-805