Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS Chapters 138, 186, 281
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapters 138, 186 and
281 require the Transportation Cabinet to administer and enforce motor vehicle
laws and the highway use tax laws and to regulate the transportation of persons
and property for hire. This administrative regulation establishes the
identifying documents required, and the fees therefor, necessary to enforce and
administer the requirements of these laws.
Section
1. In General.
(1) Before a motor
carrier is entitled to reciprocity whereby the operation of its motor vehicles
engaged exclusively in interstate commerce is exempted from payment of
registration fees as required by
KRS
186.050, or seat taxes as required by KRS
186.276-186.286, there shall be a reciprocity agreement between the
Commonwealth of Kentucky and the state in which the motor carrier's equipment
should be and is properly licensed.
(2) In determining if a motor vehicle is
entitled to reciprocity, the law of Kentucky dealing with reciprocity,
administrative regulations of the cabinet, and the reciprocity agreements
between the states involved shall be the determining factors.
Section 2. Identification Cards
for Vehicles Operating Under Reciprocity Agreements.
(1) Before any motor vehicle operated under a
reciprocity agreement and operated by a motor carrier as described in
KRS
138.655(5) and (7) and
KRS 281.011(3), (4), and
(5) shall be entitled to reciprocal
privileges when operating in interstate commerce in Kentucky and entitled to
use the highways of this state, the owners and operators shall apply to the
Transportation Cabinet for a motor vehicle identification card.
(2) The application shall be on form TC
95-38, "Application for Kentucky Vehicle Identification Card for Year____" last
revised in September, 1993. This form is hereby incorporated by
reference.
(3) Except as provided
in Section 9 of this administrative regulation, the application shall be
accompanied by a fee of ten (10) dollars for each motor vehicle identification
card applied for.
(4) This card
shall be carried in the cab of the motor vehicle at all times. Failure to
display this card shall constitute a violation of
KRS
138.665,
281.750
or
281.752.
Section 3. Motor Vehicle
Identification Cards for Vehicles Licensed in Kentucky. Before any motor
vehicle registered and licensed in Kentucky and operated by a motor carrier as
described in
KRS
138.655(5) and (7) and
281.011(3), (4) and
(5) can be operated in intrastate commerce or
interstate commerce, the vehicle shall have a vehicle identification card
issued by the Transportation Cabinet after application by the owner or operator
on form TC 95-38.
(1) This card shall be
carried in the cab of the vehicle at all times.
(2) A fee shall not be charged by the cabinet
for the issuance of this card.
(3)
Failure to display this card shall constitute a violation of
KRS
138.665,
281.750
or
281.752.
Section 4. Information to be Set
Out on the Motor Vehicle Identification Cards. Motor vehicle identification
cards shall be issued annually upon payment of the prescribed fee and upon
compliance with all statutory requirements and appropriate administrative
regulations. The card shall contain the following:
(1) A designation of "private carrier" or
"for hire carrier";
(2) The name
and address of the holder;
(3) The
identification of the vehicle;
(4)
The vehicle combined license weight or the actual combined weight of the
vehicle and any towed unit when operated on the public highways of the state
during the current registration year; and
(5) The KYU license number issued to the
owner or operator by the Transportation Cabinet under
KRS
138.655 for the use of gasoline and special
fuels on the public highways of this state.
Section 5. Temporary Identification
Documents.
(1)
(a) Notwithstanding the provisions of
Sections 2 and 3 of this administrative regulation, any operator of a motor
vehicle qualified to operate intra-state or interstate in Kentucky and using
either a leased or owned vehicle may elect to obtain a thirty (30) day
emergency permit issued by the cabinet.
(b) The permits shall be issued for a fee of
ten (10) dollars each.
(c) The
permit shall be displayed in the cab of the vehicle, as identification for the
vehicle.
(d) The motor carrier to
whom a thirty (30) day emergency permit is issued shall be responsible for the
proper use of the permit by the lessor.
(e) The motor carrier shall write in ink on
each thirty (30) day emergency permit issued to it the date of
execution.
(f) The thirty (30) day
emergency permit shall be removed from the vehicle and destroyed at the
expiration of the lease or thirty (30) days, whichever is shorter.
(g) Any vehicle operating with a thirty (30)
day emergency permit which has not been dated as required herein shall be
deemed to be operating without identification and the motor carrier shall be
subject to the penalties provided by law.
(2)
(a)
Effective February 1, 1987, notwithstanding the provisions of Sections 2 and 3
of this administrative regulation, any operator of a vehicle qualified to
operate intrastate or interstate in Kentucky may elect to obtain a temporary
authority permit in lieu of an annual vehicle identification card.
(b) The temporary permit shall be issued for
a period not to exceed ten (10) days.
(c) Temporary permits may be issued in
person, by mail or transmitted collect on delivery via designated wire or
transmittal company.
(d) The fee
for this permit is ten (10) dollars plus any applicable transmittal charges
when transmitted collect on delivery via designated wire or transmittal company
to a requested location.
(e) The
permit shall contain the same information as set forth on the annual vehicle
identification card.
(f) The permit
shall be displayed in the cab of the vehicle while it is operating in
Kentucky.
(3) For the
purpose of convenience for permit applicants and of the cabinet, all permits
requested by an applicant may be combined and transmitted in one (1)
document.
Section 6.
Itinerant Truckers. Motor vehicles used by itinerant truckers, salesmen,
solicitors and peddlers to transport merchandise to be sold and disposed of in
Kentucky, while upon or from a public highway or street, shall not be entitled
to reciprocal privileges while in Kentucky except where contrary provisions are
made by the reciprocity agreements in effect between Kentucky and the state
where the vehicle is licensed.
Section
7. Violations of Kentucky Law. Any motor vehicle operating into or
through Kentucky within the discretion of the cabinet, shall be denied
reciprocal privileges in Kentucky in addition to the other penalties provided
by the Kentucky revised statutes if the vehicle is being operated:
(1) In excess of the maximum weight or size
limit allowed by the provisions of
KRS
189.221 and
189.222,
or in excess of the maximum weight or size limits allowed by overweight or
oversize permits issued pursuant to the provisions of
KRS
189.221 through
189.274;
(2) While failing to display the motor
vehicle identification card to display the motor vehicle identification card
required by Sections 2, 3, 4 and 5 of this administrative regulation;
or
(3) In intrastate commerce
without a nonreciprocal trip permit unless apportioned registered in Kentucky
under the provisions of the Interstate Registration Plan.
Section 8. Nonreciprocal Trip Permits.
(1) A nonreciprocal trip permit issued in
accordance to
KRS
281.838 shall be obtained in advance of
operations in this state.
(2) The
application for the permit shall at a minimum briefly describe the vehicle and
include the name of the operator.
Section 9. Proof of Fee Payment.
(1) In conjunction with payment of the fees
set forth in
KRS
281.752, if a for-hire motor carrier is
operating in interstate or foreign commerce under a certificate or permit
issued by the Interstate Commerce Commission and has been issued a registration
receipt applicable to operations in Kentucky pursuant to 49 C.F.R. Part 1023 ,
a fee shall not be required for the motor vehicle identification card required
in Section 2 of this administrative regulation.
(2) In order to provide proof that Kentucky's
portion of the fees collected by another jurisdiction pursuant to 49 C.F.R.
Part 1023 have been paid the representative of the Interstate Commerce
Commission authorized for-hire motor carrier shall certify this payment on form
TC 95-38.
Section 10.
Material Incorporated by Reference. The forms incorporated by reference as part
of this section may be copied, viewed or obtained from the Division of Motor
Carriers. The Division of Motor Carriers is on the Third Floor of the State
Office Building in Frankfort, Kentucky. Its mailing address is P.O. Box 2007,
Frankfort, Kentucky 40602. The telephone number is (502) 564-4540. Its business
hours are 8 a.m. to 4:30 p.m. local prevailing time on all weekdays except
state holidays.
STATUTORY AUTHORITY:
KRS
281.600,
281.610,
281.750,
281.752
