Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 280.010-280.130
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
280.080 requires the Department of Highways
to make such administrative regulations for the control of toll bridges or toll
ferries, as defined in
KRS
280.010, as the department deems
necessary.
Section 1. Application for
Certificate of Convenience and Necessity.
(1)
Any bridge company or ferry company, except any which can prove to the
department that it holds a perpetual and irrevocable franchise for such
operation, who seeks to operate a toll bridge or toll ferry connected to the
state primary road system shall make application at the highway district office
of the highway district in which the toll bridge or toll ferry is located for
the certificate of convenience and necessity required by
KRS
280.020. Application forms are available in
all highway district offices and from the Transportation Cabinet, Division of
Traffic, Frankfort, Kentucky 40622.
(2) The application form must be completed in
its entirety and contain at a minimum, the information required by
KRS
280.030.
(3) Upon receipt of the application, the
department shall fix a date for hearing the application and shall immediately
notify the applicant of the date, time and location of the hearing.
(4) The applicant shall present proof as to
the applicant's general ability, experience, organization and equipment. The
applicant shall, at the hearing, submit any additional proof that the public
convenience and necessity require the applicant's toll bridge or toll ferry
operation.
(5) Department
representatives may inspect the applicant's equipment prior to the issuance of
a certificate of public convenience and necessity.
(6) The department shall issue a decision on
any application within thirty (30) days of the hearing.
(7) The applicant may appeal the decision of
the department in accordance with
KRS
280.110.
Section 2. Annual Report. On forms furnished
by the department, every toll bridge and toll ferry company which does not hold
a perpetual and irrevocable franchise shall submit an annual report of the
previous year's operation on or before March 1 of each year to the chief
district engineer of the highway district in which the toll bridge or toll
ferry is located. The company president, secretary, treasurer, superintendent
or manager shall under oath make and sign a statement on the annual report that
the information contained in the annual report is correct. The report shall
include the information required in
KRS
280.030 and also the following:
(1) The number, by class, of vehicles
accommodated during the report year and the toll schedule for each class of
vehicle;
(2) For toll ferries, a
description of the barges and power units in use during the year;
(3) The schedule of hours of service and
trips made; and
(4) Any additional
relevant information required by the department.
Section 3. Toll Rates.
(1) No change in toll rates charged may be
made by a toll bridge or toll ferry company including one which holds a
perpetual and irrevocable franchise without the approval of the
department.
(2) To request a change
in toll rates, the company must apply, in writing, to the department's chief
district engineer of the highway district in which the toll bridge or toll
ferry is located. The request shall include the reasons for the requested
change and the toll bridge or toll ferry company shall make available to the
department's chief district engineer all financial reports of the
company.
(3) The company shall give
notice to the public of the filing of the rate change request by publication of
the proposed rate schedule and information for filing a formal protest of the
proposed rate change with the department in accordance with the requirements of
KRS Chapter 424.
(4) If a formal
protest is filed within two (2) weeks of the final publication of the notice or
the department has reservations about the proposed rate increase, the
department's chief district engineer shall fix a date between thirty (30) and
forty-five (45) days of final publication of the notice for hearing the
application for a toll rate change.
(5) The department shall give notice of the
hearing by means of publication of a notice in accordance with the requirements
of KRS Chapter 424.
(6) The
department shall issue a decision on any request for a toll rate change within
thirty (30) days of the hearing or within thirty (30) days of final publication
of the notice.
(7) The company may
appeal the decision of the department in accordance with
KRS
280.110.
Section 4. Operation of a Toll Ferry or Toll
Bridge.
(1) A copy of the irrevocable
franchise or the certificate of public convenience and necessity shall be
posted on all ferry boats and in the toll booths of all bridges affected by
this administrative regulation.
(2)
A toll bridge or toll ferry company holding a certificate of public convenience
and necessity shall not operate over any bridge or stream other than those
specified in the certificate.
(3)
Hours of operation, toll rates, services to be performed, and the safety of
operation as set forth by the department in the certificate of public
convenience and necessity shall be strictly complied with by all certificate
holders. The hours of operation shall be posted on the ferry dock or apron and
at both ends of a toll bridge.
(4)
If a toll bridge or toll ferry company including one holding a perpetual and
irrevocable franchise is found, during an inspection, to be in noncompliance
with any administrative regulation, statute or order, it shall have ten (10)
days, following the inspection to correct the noncompliance. If at the end of
the ten (10) days the company is still in noncompliance the department shall
fix a hearing date on the noncompliance. The hearing date will be upon ten (10)
days written notice to the toll bridge or toll ferry company.
(5) The department's determination shall be
issued within thirty (30) days of the hearing.
Section 5. Safety Devices.
(1) Safety devices as required by
KRS
280.120 and
280.130
shall be provided and properly maintained by each toll ferry company. In
addition, the department may require any toll bridge or toll ferry company
including any holding a perpetual and irrevocable franchise to place and
maintain other traffic control devices such as, but not limited to, signs,
signals, lighting, pavement markings, and barricades that may be necessary for
the safety of the motoring public. All such devices required shall conform to
the specifications set forth in
603 KAR
5:050.
(2)
Each toll ferry company shall provide and maintain in reasonable condition the
number of life preservers or floats, fire extinguishers, axes, and yawls or
life boats as required by the U.S. Coast Guard in their regulations governing
the operation of ferries.
Section
6. The administrative regulation of the department as herein
outlined is intended to supplement the specific requirements contained in KRS
Chapter 280 and regulations of appropriate agencies of the federal government.
In all cases where the department's administrative regulations conflict with
the regulations of such agencies, or where the regulations of other governing
agencies are more stringent than those of the department, the regulations of
the other agency shall prevail.
STATUTORY AUTHORITY:
KRS
280.080
