2013 Kentucky Revised Statutes CHAPTER 186 - LICENSING OF MOTOR VEHICLES, OPERATORS, AND TRAILERS 186.059 Operation of overweight commercial vehicle -- Ineligibility for exemption -- Department hearing -- Appeal.
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186.059 Operation of overweight commercial vehicle -- Ineligibility for
exemption -- Department hearing -- Appeal.
(1)
(2)
(3)
(4)
Operation of a commercial vehicle at a gross weight in excess of the declared
gross weight at which such vehicle is registered under subsection (8), (9), or
(10) of KRS 186.050, shall make any owner or operator, otherwise entitled to a
reduced fee set out in those subsections ineligible for same for the entire
license year.
The department, upon receipt of information substantiated by affidavit, that any
owner or operator is operating a motor vehicle in excess of the gross weight at
which it is registered under subsection (8), (9), or (10) of KRS 186.050, may
issue notice to the owner or operator advising that he is ineligible for the
reduced fee or, that the privilege is revoked for the current license year. Within
thirty (30) days of the date of the issuance of the notice, any affected owner or
operator may request a hearing to be conducted in accordance with the
provisions of KRS Chapter 13B. Failure to request a hearing within thirty (30)
days of the date of the issuance of the notice shall make the ruling absolute,
and the owner or operator shall be liable for the payment of the fees applicable
under KRS 186.050(3) for the entire license year.
If a hearing is requested in accordance with the provisions of subsection (2) of
this section, the owner or operator shall not be entitled to the reduced fee
during the interim between the application for hearing and the department's
final order, unless he shall file with the department a bond in the amount of five
hundred dollars ($500) per vehicle to be applied to the payment of any taxes
which the department, as a result of the hearing, may determine are due the
Commonwealth.
The question for determination at any hearing held at the request of an owner
or operator receiving a notice from the department shall be whether or not the
owner or operator has operated a commercial vehicle in excess of the declared
gross weight at which it is registered under subsection (8), (9), or (10) or KRS
186.050. The burden of proof shall be upon the department to show such
unlawful operation. Any final order of the department shall be subject to appeal
to the Franklin Circuit Court in accordance with KRS Chapter 13B, and any
bond posted with the department shall be held pending the judgment of the
highest court to which the matter is appealed.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 69, effective July 15, 1996. -Amended 1966 Ky. Acts ch. 139, sec. 7, effective January 1, 1967. -- Created
1962 Ky. Acts ch. 96, sec. 3.
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