Kentucky Administrative Regulations
Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION
Chapter 1 - Motor Carriers
Section 601 KAR 1:040 - Application for operating authority and registration of motor carriers
Universal Citation: 601 KY Admin Regs Service 1:040
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 281.014, 281.610, 281.615, 281.618, 281.619, 281.620, 281.625, 281.632, 281.637, 281.650, 281.655, 281.660, 281A.010(8), 49 C.F.R. Part 367, 49 U.S.C. 14504a
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600(1) authorizes the Transportation Cabinet to regulate motor carriers. This administrative regulation establishes the application procedure for intrastate operating authority in the Commonwealth and the registration procedure for interstate motor carriers operating in Kentucky pursuant to authority granted by the United States Department of Transportation.
Section 1. Kentucky Intrastate Passenger or Household Goods Authority.
(1)
(a) An
application for operating authority to engage in Kentucky intrastate commerce
relating to the transportation of persons, except for charter bus
transportation, or household goods shall be made on the following appropriate
forms:
1. Transportation Cabinet form TC
93-10E, Application for Operating Authority, Household Goods;
2. Transportation Cabinet form TC 93-11E,
Application for Operating Authority, Disabled Persons Carrier;
3. Transportation Cabinet form TC 93-12E,
Application for Operating Authority, Bus and Airport Shuttle;
4. Transportation Cabinet form TC 93-13E,
Application for Operating Authority, City Limousine and, Taxicab; or
5. Transportation Cabinet form TC 93-15E,
Application for Operating Authority, County Limousine and, Taxicab.
(b) The application shall be
accompanied by a filing fee of twenty-five (25) dollars.
(c) All applications and exhibits shall be
filed with answers typewritten or printed legibly in ink. Each question shall
be fully answered and all instructions with the application shall be read and
fully complied with.
(2)
(a) If the applicant is a corporation, a copy
of the corporation's certificate of good standing from the Secretary of State
in the jurisdiction in which it was incorporated shall be submitted with the
application.
(b) This certification
shall not be more than thirty (30) days old when the application is submitted
to the Transportation Cabinet.
(c)
If the applicant is a foreign corporation, a Kentucky process agent shall be
listed.
(3) The
application shall be accompanied by the applicant's financial statement
prepared in accordance with
601 KAR
2:010.
(4)
(a) An application shall be sworn to by the
applicant or a responsible official acting for the applicant.
(b) A hearing shall not be called or
authority issued upon an incomplete application.
Section 2. Temporary Authority Applications.
(1)
(a) An application for temporary authority
shall be made to the Transportation Cabinet by petition.
(b) The petition shall set forth the facts
relied on by the applicant as showing an immediate and urgent need for the
authority sought.
(c) All existing
carriers having authority to perform the proposed service between any of the
points sought in the petition shall be fully identified and the authority of
each as affected by the application shall be stated.
(d)
1. The
applicant shall have the burden of proof in showing that any existing carriers
with authority are not capable of meeting the need for service.
2. In lieu of meeting this burden, the
applicant may file a waiver from each carrier authorized to serve the area
sought or any part thereof in the form of a letter from each carrier waiving
any objection to the temporary grant of authority.
(2) There shall also be filed with
the petition a verified statement. The supporting statement shall contain at
least the following information:
(a) Name and
address of the motor carrier who has filed the application for temporary
authority;
(b) Statement of
character and reputation of the applicant and a brief history of the
applicant's work history, including any experience in providing transportation
services;
(c) Name, address and
interest of each person filing a supporting affidavit;
(d) A statement of how the transportation
service, if any, is now obtained and how it was obtained in the past;
(e) A statement of when the transportation
service is needed and the reasons why the need is immediate and
urgent;
(f) An estimate of how long
the need for the transportation service will continue and a statement that the
person making the supporting statement would support a permanent service
application;
(g) A statement of the
consequences if this transportation service is not made available; and
(h) A statement of incidents where
efforts have been made to obtain the service from existing motor carriers and
the:
1. Dates and results of these
efforts;
2. Name and address of all
existing carriers who have either failed or refused to provide the service;
and
3. Reasons given for the
failure or refusal.
(3) The department may issue temporary
authority without following any of the requirements listed in subsection (2) of
this section if one (1) of the following conditions exists:
(a) There are no existing carriers with
authority within the scope and area of the application;
(b) All existing carriers with authority
within the scope and area of the application issue waivers for the issuance of
temporary authority;
(c) There are
unusual and emergency conditions; or
(d) The application is for temporary approval
under
KRS
281.632(2).
(4) If no application for
corresponding permanent authority is made, an application for temporary
authority shall be accompanied by a filing fee of twenty-five (25) dollars and
the financial statement of the applicant prepared in accordance with
601 KAR
2:010.
Section 3. Application for Approval of Transfer of Certificate or Permit.
(1)
(a) An application for approval to transfer a
certificate or permit issued by the Transportation Cabinet authorizing Kentucky
intrastate commerce shall be accompanied by a filing fee of twenty-five (25)
dollars.
(b) The application shall
be made on "Application for Approval of Transfer of Certificate or Permit",
form TC 93-17E.
(c) All
applications and exhibits shall be filed with answers typewritten or printed
legibly in ink. Each question shall be fully answered and all instructions with
the application shall be read and fully complied with.
(2)
(a) If
the applicant is a corporation, a copy of the corporation's certificate of good
standing from the Secretary of State in the jurisdiction in which it was
incorporated shall be submitted with the application. This certification shall
not be more than thirty (30) days old when the application is submitted to the
department.
(b) If the applicant is
a foreign corporation, a Kentucky process agent shall be listed.
(3)
(a) The application shall be accompanied by
the transferee's financial statement prepared in accordance with
601 KAR
2:010.
(b)
An application shall be sworn to by the applicant or a responsible official
acting for the applicant.
(c) A
hearing shall not be called or authority issued upon an incomplete
application.
(4) A copy
of the executed transfer agreement and a copy of the certificate or permit
sought to be transferred shall accompany the application.
(5) If the application is for the transfer of
contract carrier authority, a copy of the contract to be transferred and a duly
executed assignment by the original shipper shall be attached to the
application.
Section 4. Interstate Operating Authority - Motor Carriers.
(1)
49 U.S.C.
14504a, the Unified Carrier Registration Act
of 2005, shall govern the registration of motor carriers which meet the
following criteria:
(a)
1. Those whose principal place of business is
Kentucky; or
2. Those who selected
Kentucky as their base state pursuant to the United Carrier Registration Act of
2005, 49 U.S.C.
14504(a)(2); and
(b) Those which are operating in
interstate commerce.
(2)
The Unified Carrier Registration Agreement shall govern the procedures of the
Department of Vehicle Regulation in the registration of motor carriers
operating in interstate commerce.
(3) A motor carrier which maintains its
principal place of business in Kentucky shall apply to the Department of
Vehicle Regulation for registration pursuant to 49 C.F.R. Part 367 .
(4) The fee for the issuance of the
registration required under the Unified Carrier Registration Agreement shall be
the fee established in
49
C.F.R. 367.20.
Section 5. Charter Bus Applications.
(1) An application for operating authority as
a charter bus operator pursuant to
KRS 281.637 shall be
made on form TC 95-308E, "Application for Charter Bus Operating
Authority".
(2) In accordance with
KRS
281A.010(8)(d), a charter
bus shall be considered to be a commercial motor vehicle as defined by
KRS
281A.010(8) except that it
shall be designed to transport seventeen (17) or more persons, including the
driver.
(3) Each application shall
include a filing fee of twenty-five (25) dollars.
(4) The applicant shall certify knowledge of
and compliance with
601 KAR
1:005, Sections 2, 3(1)(b) and 4 and with the
provisions of KRS Chapter 281A relating to commercial drivers
licenses.
(5) The applicant shall
be required to file evidence of insurance as required by
KRS
281.655(4).
(6)
(a) If
an applicant for a charter bus certificate has complied with the provisions of
this administrative regulation, the Department of Vehicle Regulation shall
issue the carrier a registration receipt authorizing charter bus operations
between all points and places in Kentucky.
(b) The carrier shall keep a copy of this
receipt in each vehicle operating pursuant to this authority.
Section 6. Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
Form TC 93-10E, "Application for Operating Authority, Household Goods", July
2006;
(b) Form TC 93-11E,
"Application for Operating Authority, Disabled Persons Carrier", July
2006;
(c) Form TC 93-12E,
"Application for Operating Authority, Bus and Airport Shuttle", July
2006;
(d) Form TC 93-13E,
"Application for Operating Authority, City Limousine and Taxi", July 2006,
revised April 1999;
(e) Form TC
93-15E, "Application for Operating Authority, County Limousine and Taxi", July
2006;
(f) Form TC 93-17E,
"Application for Approval of Transfer or Lease of Certificate or Permit", July
2006;
(g) Form TC 95-308E,
"Application for Charter Bus Operating Authority", September 2002;
and
(h) "Unified Carrier
Registration Agreement", approved by the Unified Carrier Registration Board,
June 11, 2007.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Transportation Cabinet, 200 Mero Street Frankfort, Kentucky 40622,
Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 281.600(1), 281.620(1), 281.752, 49 U.S.C. 14501
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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