Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 186
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation sets out procedures to follow in registering rental vehicle fleets
in the Commonwealth that qualify for proportional registration by virtue of
engaging in interstate commerce, or in a combination of interstate and
intrastate commerce, and operating into, through or within the
Commonwealth.
Section 1.
(1) Proportional registration of fleets of
rental vehicles. An owner or operator of a fleet or fleets of vehicles which
are used exclusively for rental purposes for a period of less than thirty (30)
days, may elect to proportionally register its fleet in the Commonwealth of
Kentucky. The owner or operator who makes this election shall file an
application with the Department of Vehicle Regulation on or before sixty (60)
days prior to the registration period.
(2) The application shall be upon forms
furnished by the department except, that for good cause, the commissioner may
approve the use of and receive an application on a form furnished by the fleet
owner. The approval for the substitute form shall be secured at least thirty
(30) days prior to it use. Also, the request for the use of such forms shall be
in writing, setting forth circumstances to show why the standard forms would
pose a hardship.
(3) The
proportional registrant shall maintain complete records, which shall be subject
to inspection by an authorized agent of the Department of Vehicle Regulation.
The mileage and financial records and all other records supporting the sworn
application and not filed with the application, shall be maintained for a
period not less than three (3) years.
Section 2. Commercial Vehicles (Trucks and
Truck Tractors).
(1) The application for
registration of rental trucks and truck tractors shall be supported by a
listing of all units in the rental fleet. These units shall be arranged in
ascending sequential order by the identifying fleet unit number and reflect the
following data for each unit: year, make, manufacturer's vehicle identification
number, and declared gross weight. The applicant shall compute the number of
units in each weight class in the fleet that shall be registered in the
Commonwealth of Kentucky by dividing the total miles traveled in Kentucky by
all units in each weight class for the year ending on the preceding August 31,
by the total miles traveled in all jurisdictions by the same units for the same
period of time, the resulting quotient, rounded to the nearest ten-thousandths
(10/1000), shall be multiplied by the total number of units in each weight
class; provided, however, any fractional part shall be rounded and reported as
one (1) unit. The weight classes shall be in accordance with the schedule of
weight classes set forth in
KRS
186.050(3).
(2) The department shall have thirty (30)
days in which to examine, approve, or reject and return the application. During
the period commencing March 1 and ending at midnight on April 1, the owner
shall apply for registration pursuant to the provisions of
KRS
186.020 for the number of units reflected on
the approved application.
Section
3. Passenger Cars.
(1) The
application for registration of a fleet of rental passenger cars shall show:
(a) Total number of units in the rental
fleet;
(b) Total amount of revenue
arising from rental transaction from the total fleet for the previous year
ending August 31;
(c) Total amount
of revenue arising from rental transaction in this jurisdiction for the
previous year ending August 31; and
(d) The percentage of revenue arising in this
jurisdiction to total revenue shall be multiplied by the number of vehicles in
such fleet. The result establishes the number of units which shall be licensed
in Kentucky and shall be included on the application.
(2) The department shall have thirty (30)
days in which to examine, approve, or reject and return such
application.
(3) During the period
commencing on the first day of the owner's birth month and ending at the close
of business on the last day of the owner's birth month, the owner shall apply
for registration pursuant to the provisions of
KRS
186.020 for the number of units reflected on
the approved application. For corporations, the month of incorporation shall be
considered the birth month.
Section
4. Registration of Additional Fleet Vehicles. Vehicles acquired by
the registrant after the commencement of the registration year and added to the
proportionally registered fleet shall be registered by applying the same
percentage used in the original application for such fleet, for such
registration period, the regular registration fees due with respect to such
vehicles for the remainder of the registration year.
Section 5. An owner of a fleet of rental
vehicles as defined in the Articles of the International Registration Plan
shall be deemed to have complied with the provisions of this administrative
regulation if the owner has registered the fleet of vehicles under the
applicable portion of the Articles of the International Registration Plan. This
compliance shall be determined and stated in writing by the commissioner of the
Department of Vehicle Regulation or his designee. The designee shall be
appointed in writing.
STATUTORY AUTHORITY:
KRS
186.020,
186.050