There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 281 MOTOR CARRIERS
281.635 City bus franchises -- Department certification -- Supervisory and regulatory powers of cities -- Powers of cities as to taxicabs -- Rate regulations -- Exemption for human service transportation delivery vehicles.
Download pdf-- Exemption for human service transportation delivery vehicles. Notwithstanding anything contained in this chapter:
(1) All cities of the Commonwealth are vested with the power to sell franchises or, where no franchise is sold, grant authorizations for the operation of city buses over
their streets and highways; provided, however, no person shall apply for or obtain
any such franchise or authorization from any city without a prior finding by the
Department of Vehicle Regulation, after a hearing, conducted pursuant to KRS
281.625, that there is a demand and necessity for the service sought to be rendered,
which finding shall be valid and effective for a period of one (1) year from and after
the date thereof, exclusive of any delay due to the order of any court. Upon
certification by the department to a city that there is a demand and necessity for the
service sought to be rendered, any city may award any duly qualified person a
franchise or authorization covering the proposed operation. Upon acquiring a
franchise or authorization, the holder thereof shall apply to the Department of
Vehicle Regulation for a city bus certificate which shall be issued to the holder of
the franchise or authorization without a hearing. The governing body of any city of
the first five (5) classes which does not have a city bus service may determine that
there is a demand and necessity for a city bus service, and may thereafter apply to
the Department of Vehicle Regulation for a city bus certificate to be operated by the
city which may be issued without a hearing, if the department determines that it will
be in the public interest. Unless a certificate is exercised within one (1) year from
the grant thereof, exclusive of any delay due to the order of any court, the authority
conferred by the issuance of the certificate of convenience and necessity shall be
void. (2) The applicant for a certificate or renewal of a certificate to operate a city bus shall at the time of application file with the department a map or maps showing the route or
routes and territory proposed to be served, together with a time schedule, and shall
thereafter, during the license year, file only those additional maps or time schedules
that the commissioner may require. (3) The governing body of any city of the first four (4) classes in the Commonwealth in which city buses operate shall have supervisory and regulatory power over city
buses, while operating in the city, and shall have authority to enforce all ordinances
or regulations pertaining to routes, services, time schedules, and operation of the
city buses and the drivers thereof, but any interested party may appeal to the
department from any action, finding, or order of any city within thirty (30) days
after the entry of the action, finding, or order, and a hearing shall be held before the
department in the same manner as other hearings are held as provided for in this
chapter; however, any action, finding, or order of any city shall be sustained if there
is substantial evidence or reason to support it; otherwise the department shall make
the orders as it deems necessary and proper. However, where a carrier's entire
operation is confined to intracity transportation within the corporate limits of a
single city, there shall be no appeal to the department from the actions, findings, or orders of the city. Provided further, that where any city bus is subject to the
regulatory powers of more than one (1) city and the regulations are in conflict or
such as to impede the transportation facilities serving the cities, or the carrier is
failing to furnish safe, adequate and convenient service to the public, the department
may, upon complaint or on its own initiative, call a hearing and enter orders as are
necessary and proper. (4) The governing body of any city of the first five (5) classes in the Commonwealth in which taxicabs operate shall have supervisory and regulatory power over taxicabs
certificated to operate in the city, and while operating in the city, and shall have
authority to enforce all ordinances or regulations pertaining to the number and
operation of taxicabs, but any interested party may appeal to the department from
any action, finding, or order of any city within thirty (30) days after the entry of the
action, finding, or order, and a hearing shall be held before the department in the
same manner as other hearings are held as provided for in this chapter; however,
any action, finding, or order of any city shall be sustained if there is substantial
evidence or reason to support it; otherwise, the department shall make any orders
that it deems necessary and proper. However, where a carrier's entire operation is
confined to intracity transportation within the corporate limits of a single city, there
shall be no appeal to the department from the actions, findings, or orders of the city. (5) The governing body of any city of the first five (5) classes in the Commonwealth is hereby vested with the exclusive power to prescribe the qualifications with respect
to the health, vision, sobriety, intelligence, ability, moral character, and experience
of the drivers of taxicabs certificated to operate in the city, and while operating in
the city, and may issue permits for qualified drivers. However, any taxicab driver
must also possess a Kentucky operator's license. (6) Until any city of the Commonwealth enacts ordinances or prescribes rules and regulations as may be reasonably necessary to exercise the prior powers delegated in
this section to the cities respecting the supervision and regulation of city buses,
taxicabs, and taxicab drivers, the department shall possess the powers and may
promulgate administrative regulations reasonably necessary to supervise and control
city buses, taxicabs, and taxicab drivers, having regard for the public safety and the
public need for service. (7) If any city fails to exercise any of the authority granted it in this section, the authority shall be vested in the department. (8) The department may, under the provisions of this chapter, originate, establish, change, promulgate, and enforce any rate that has or may be fixed by any contract,
franchise, or agreement between the holder of any city bus certificate and any city,
and all rights and obligations arising out of any contract regulating any rate shall be
subject to the jurisdiction and supervision of the department, but no rate shall be
changed nor any contract, franchise, or agreement affecting it be abrogated or
changed until a hearing has been conducted. (9) The governing body of a city shall not have authority over a motor vehicle that is being operated as a human service transportation delivery vehicle under a contract
with the Transportation Cabinet in accordance with KRS 96A.095(4). Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 607, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 197, effective July 15, 1996. -- Amended 1978 Ky. Acts
ch. 232, sec. 11, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV,
sec. 20(2); and ch. 307, sec. 1. -- Created 1950 Ky. Acts ch. 63, sec. 14, effective
June 15, 1950.
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