Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
174.057,
174.130,
177.120,
277.060,
277.070,
277.170,
277.240,
277.300
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to
KRS
174.057, the Transportation Cabinet has
authority to regulate railroads and assume powers previously vested with the
Railroad Commission. This administrative regulation establishes reporting
requirements that will provide a means for review of railroad activity within
the Commonwealth of Kentucky.
Section
1. Definition. "Railroad" means any person or entity engaged in
the transportation of persons or property for compensation within this state by
rail except street, suburban or inter-urban railway companies.
Section 2. Annual Reports.
(1) Any railroad that passes on rail within
this Commonwealth shall file annual reports with the Office of Intermodal
Programs in the Transportation Cabinet.
(2) Annual reports shall be filed on or
before March 31 of each year.
(3)
Annual reports shall include the following information:
(a) A copy of information contained in the
annual report filed with the United States Surface Transportation Board or
other proper federal agency relative to Kentucky including:
1. Summary of road property and equipment and
improvements to leased property and equipment within the state;
2. Railway operating revenues earned within
the state;
3. Railway operating
expenses within the state;
4.
Mileage operated at close of year within the state;
5. Statistics of rail-line operations within
the state;
6. Revenue freight
carried during the year within the state; and
7. Highway-rail grade crossing within the
state; or
(b) In the
event the company is not required to file the report referenced in subsection
(3)(a) pursuant to federal law, a copy of the Kentucky form State Statistics,
incorporated by reference.
Section 3. Railroad Routes.
(1) Railroads shall file a map of all active
routes in the state on or before March 31 of each year.
(2) When a railroad in the Commonwealth of
Kentucky discontinues service on any rail located within the state, the
railroad shall send written notice of abandonment to the Office of In-termodal
Programs within forty-five (45) days of filing an application for federal
authority for abandonment.
Section
4. Accident Reports.
(1) If the
on-track equipment of a railroad is involved in an accident within this state
that results in loss of life, the owner or operator of the railroad involved
shall notify the cabinet of the accident.
(2) Initial notice shall be given on or
before the fifth day after the accident occurred and shall consist of a written
notice stating date and location of accident. The day on which the accident
occurred shall not be counted in determining the fifth day.
(3) In addition to the initial notice, the
owner or operator of the railroad shall send a copy of all accident reports
filed with the Federal Railroad Administration or other proper federal agency
pursuant to
49 US
20901, or pursuant to the Federal Railway
Safety Act to the Office of In-termodal Programs within five (5) days of filing
the records.
(4) The notices
required by this section may be filed electronically.
Section 5. Penalty.
(1) If a person or entity subject to this
administrative regulation fails to file any of the forms or notices required in
this administrative regulation, the cabinet may collect a penalty.
(a) The cabinet shall give the violator
written notice of its intent to collect a penalty which shall:
1. State the amount of the penalty;
2. Identify the specific documents which were
not filed; and
3. State that the
violator has thirty (30) days to file the documents and avoid any
penalty.
(b) The penalty
shall not exceed $500.
(c) The
penalty shall be waived if the violator complies with this administrative
regulation within thirty (30) days of the date of the notice.
(2) Filing of incomplete forms
shall be deemed a failure to file for purposes of this section. The notice and
penalty requirements set forth in subsection (1)(a) of this section shall apply
to incomplete filings.
Section
6. Incorporation by Reference.
(1) Kentucky Form State Statistics, revised
2001, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Transportation
Cabinet, Division of Multimodal Programs, State Office Building Annex, 3rd
Floor, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8
a.m. to 4:30 p.m.
28 Ky.R. 195; 636;
867; eff. 10-2-2001; Crt eff. 3-11-2019.
STATUTORY AUTHORITY:
KRS
174.057