2022 Kentucky Revised Statutes Chapter 281 - Motor carriers 281.630 Certificates issued by department -- Applications -- Fees -- Renewal -- Information to be filed -- Agents of utility trailer lessor -- Prohibition against employing services of unauthorized motor carrier -- Powers of department relating to rates, services, and facilities -- Hearings -- Administrative regulations. (Effective January 1, 2023).
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281.630 Certificates issued by department -- Applications -- Fees -- Renewal -Information to be filed -- Agents of utility trailer lessor -- Prohibition
against employing services of unauthorized motor carrier -- Powers of
department relating to rates, services, and facilities -- Hearings -Administrative regulations. (Effective January 1, 2023)
(1)
(2)
(3)
A person shall not act as a motor carrier without first obtaining a certificate
from the department.
A certificate for the intrastate transportation of passengers or property,
including household goods, shall be issued to any qualified applicant
authorizing operation covered by the application, if it is found that the applicant
conforms to the provisions of this chapter and the requirements of the
administrative regulations promulgated in accordance with this section.
(a) The department shall issue the following certificates:
1.
Taxicab certificate;
2.
Limousine certificate;
3.
Disabled persons vehicle certificate;
4.
Transportation network company certificate;
5.
Household goods certificate;
6.
Charter bus certificate;
7.
Bus certificate;
8.
U-Drive-It certificate;
9.
Property certificate;
10. Driveaway certificate;
11. Peer-to-peer car sharing certificate; and
12. Automobile utility trailer certificate.
(b) Application for a certificate shall be made in such form as the department
may require. The department shall receive an application fee of two
hundred fifty dollars ($250) for all applications, except that the department
shall receive an application fee of twenty-five dollars ($25) for a property
certificate.
(c) Before the department may issue a certificate, an applicant shall:
1.
Pay the application fee established under paragraph (b) of this
subsection;
2.
For entities other than TNCs and peer-to-peer car sharing
companies, file a motor carrier vehicle license application for each
motor carrier vehicle as required by KRS 281.631. The applicant
shall file at least one (1) motor carrier vehicle license application
before being eligible for a certificate;
3.
For TNCs, file a TNC authority application with the department
pursuant to administrative regulations promulgated by the
department;
4.
For peer-to-peer car sharing companies, file a peer-to-peer car
sharing certificate application with the department pursuant to
administrative regulations promulgated by the department;
5.
(4)
(a)
(b)
(c)
(d)
(e)
File with the department one (1) or more approved indemnifying
bonds or insurance policies as required by KRS 281.655;
6.
For taxicab, limousine, disabled persons vehicle, TNC, household
goods, charter bus, and bus certificates, obtain and retain for a
period of at least three (3) years, a nationwide criminal background
check, in compliance with KRS 281.6301, of each owner, official,
employee, independent contractor, or agent operating a passenger
vehicle or household goods vehicle or entering a private residence
or storage facility for the purpose of providing or facilitating the
transportation of household goods;
7.
For household goods certificates, file with the department a current
tariff; and
8.
For a bus certificate, file with the department authorization from a
city as required by KRS 281.635.
Every certificate shall be renewed annually. Application for renewal shall
be in such form as the department may require.
A certificate not renewed within one (1) calendar year after the date for its
renewal shall become null and void.
The department shall not renew any certificate if it has been revoked or, if
suspended, during the period of any suspension. A certificate shall not be
considered revoked or suspended when an appeal of the revocation or
suspension is pending in a court of competent jurisdiction.
For the renewal of an intrastate certificate, the department shall receive a
fee of two hundred fifty dollars ($250), except for an application for
renewal of a property certificate, for which the department shall receive a
fee of twenty-five dollars ($25).
Before the department may renew a certificate, the certificate holder
shall:
1.
Pay the renewal fee established under paragraph (d) of this
subsection;
2.
For the entities other than TNCs and peer-to-peer car sharing
companies, file a motor carrier vehicle license application or renewal
for each motor carrier vehicle as required by KRS 281.631. The
certificate holder shall file at least one (1) motor carrier vehicle
license application or renewal before being eligible for renewal;
3.
For TNCs, file a TNC authority application with the department
pursuant to administrative regulations promulgated by the
department;
4.
For peer-to-peer car sharing companies, file a peer-to-peer car
sharing certificate application with the department pursuant to
administrative regulations promulgated by the department;
5.
File with the department one (1) or more approved indemnifying
bonds or insurance policies as required by KRS 281.655;
6.
Every three (3) years, for taxicab, limousine, disabled persons
vehicle, TNC, household goods, charter bus, and bus certificates,
obtain and retain for a period of at least three (3) years, a nationwide
criminal background check in compliance with KRS 281.6301, of
each owner, official, employee, independent contractor, or agent
operating a passenger vehicle or entering a private residence or
storage facility for the purpose of providing or facilitating the
transportation of household goods. However, within the three (3)
year period:
a.
If a new owner, official, employee, independent contractor, or
agent joins the certificate holder and performs the
aforementioned duties; or
b.
If the certificate holder has knowledge that a current owner,
official, employee, independent contractor, or agent who
performs the aforementioned duties has been convicted of or
pled guilty to any of the offenses listed in KRS 281.6301(2);
then the certificate holder shall obtain and retain for a period of at
least three (3) years, a nationwide criminal background check for
that owner, official, employee, independent contractor, or agent; and
7.
For household goods certificates, have on file with the department a
current tariff.
(5) (a) A motor carrier operating under a household goods certificate shall, at all
times the certificate is in effect, maintain on file with the department a
current tariff.
(b) Except for a household goods certificate holder that has had only an
out-of-state address on file with the department prior to January 1, 2015,
all certificate holders shall maintain on file with the department an address
within the Commonwealth. The certificate holder shall keep open for
public inspection at that address such information as the department may
require.
(c) The certificate holder shall not charge, demand, collect, or receive a
greater, less, or different compensation for the transportation of
household goods or for any service in connection therewith, than the tariff
filed with the department and in effect at the time would require. A
certificate holder shall not make or give any unreasonable preference or
advantage to any person, or subject any person to any unreasonable
discrimination.
(6) A certificate shall not be transferred unless the transfer involves either the
change of the legal name of the existing certificate holder or the incorporation
of a sole proprietor certificate holder.
(7) A certificate authorizing a person to act as an automobile utility trailer lessor
shall also authorize the agents of the person to act on his or her behalf during
the period of their agency.
(8) A motor carrier vehicle shall not be operated after the expiration of the
certificate under which it is operated.
(9) A person shall not knowingly employ the services of a motor carrier not
authorized to perform such services.
(10) If the department, after a hearing held upon its own motion or upon complaint,
finds any existing rate unjustly discriminatory, or finds the services rendered or
facilities employed by any motor carrier to be unsafe, inadequate, inconvenient,
or in violation of law or of the administrative regulations of the department, it
may by final order do any or all of the following:
(a) Require the certificate holder to follow any rate or time schedule in effect
at the time of service;
(b) Require the certificate holder to issue a refund to the complainant;
(c) Require the certificate holder to pay the fine set out in KRS 281.990 to
the department; and
(d) Determine the reasonable, safe, adequate, and convenient service to be
thereafter furnished.
(11) Hearings conducted under authority of this section shall be conducted in the
same manner as provided in KRS 281.640.
(12) The department shall have the power to promulgate administrative regulations
as it may deem necessary to carry out the provisions of this section.
Effective:January 1, 2023
History: Amended 2022 Ky. Acts ch. 212, sec. 10, effective January 1, 2023. -Repealed and reenacted 2015 Ky. Acts ch. 19, sec. 10, effective June 24, 2015.
-- Amended 2014 Ky. Acts ch. 21, sec. 3, effective July 15, 2014. -- Amended
1996 Ky. Acts ch. 174, sec. 7, effective July 15, 1996; and ch. 318, sec. 196,
effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 232, sec. 8, effective
June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(2). -Amended 1972 Ky. Acts ch. 274, sec. 157. -- Amended 1960 Ky. Acts ch. 139,
sec. 6. -- Amended 1958 Ky. Acts ch. 130, sec. 11. -- Amended 1956 (2nd
Extra. Sess.) Ky. Acts ch. 7, sec. 1. -- Amended 1952 Ky. Acts ch. 21, sec. 1. -Created 1950 Ky. Acts ch. 63, sec. 13, effective June 15, 1950.
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