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281.632 Temporary authority for service -- Renewal of temporary authority
period.
(1)
(2)
To enable the provision of service for which there is an immediate and urgent
need to or from a point or points or within a territory having no carrier service
capable of meeting such need, the department may, in its discretion and
without hearings or other proceedings, grant temporary authority for such
service by a common carrier or contract carrier by motor vehicle or by an
applicant for a nonprofit bus certificate, as the case may be. Such temporary
authority, unless suspended or revoked for good cause, shall be valid for such
time as the department shall specify but for not more than an aggregate of one
hundred eighty (180) days, and shall create no presumption that corresponding
permanent authority will be granted thereafter. For good cause shown, the
temporary authority period may be extended for one (1) additional one hundred
eighty (180) day period.
Pending the determination of an application filed with the department for
approval of a consolidation or merger of the properties of two (2) or more motor
carriers, or of a purchase, lease, or contract to operate the properties of one (1)
or more motor carriers, the department may, in its discretion, and without
hearings or other proceedings, grant temporary approval, for a period not
exceeding one hundred eighty (180) days, of the operation of the motor carrier
properties sought to be acquired by the persons proposing in such pending
application to acquire such properties, if it shall appear that failure to grant
such temporary approval may result in destruction of or injury to such motor
carrier properties sought to be acquired, or to interfere substantially with their
future usefulness in the performance of adequate and continuous service to the
public. For good cause shown, the temporary authority period may be
extended for one (1) additional one hundred eighty (180) day period.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 329, sec. 1, effective July 15, 1998. -Amended 1978 Ky. Acts ch. 232, sec. 9, effective June 17, 1978. -- Amended
1974 Ky. Acts ch. 74, Art. IV, sec. 20(2). -- Created 1956 (2nd Extra. Sess.) Ky.
Acts ch. 7, sec. 10.
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