2015 Kentucky Revised Statutes CHAPTER 281 - MOTOR CARRIERS 281.635 Cities may authorize operation of buses -- Certificates -- City's authority over buses -- Appeal -- Concurrent power of certain local governments over certified carriers -- Exemption for human service transportation delivery vehicles.
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281.635 Cities may authorize operation of buses -- Certificates -- City's authority
over buses -- Appeal -- Concurrent power of certain local governments over
certified carriers -- 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 grant authorization for
the operation of buses over their streets and highways. Upon acquiring
authorization, the holder of the authorization shall apply to the Department of
Vehicle Regulation for a bus certificate.
(2) The governing body of any city in the Commonwealth in which city buses operate
shall have supervisory and regulatory power over such 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 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 in accordance with KRS 281.640; 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.
(3) The governing body of any city of the first class, a city with a population equal to or
greater than twenty thousand (20,000) based upon the most recent federal decennial
census, and the city's suburban area, or the corporate limits of any city and its
suburban area located in a county which contains a city of the first class, a city with
a population equal to or greater than twenty thousand (20,000) based upon the most
recent federal decennial census, or an urban-county government, in the
Commonwealth in which taxicabs, limousines, or disabled persons vehicles operate
shall have concurrent supervisory and regulatory power over those certified carriers
operating from the city, and shall have authority to enforce all ordinances or
regulations pertaining to their operation, 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 in
accordance with KRS 281.640; 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. Where any
taxicab, limousine, or disabled persons vehicle carrier is subject to the regulatory
powers of more than one (1) city and the regulations of those cities are in conflict or
impede serving the transportation needs of the Commonwealth, the department
(4)
(5)
may, upon complaint or on its own initiative, call a hearing and enter orders as are
necessary and proper, including establishing or requiring the establishment of
uniform regulations.
The governing body of any city of the first class, a city with a population equal to or
greater than twenty thousand (20,000) based upon the most recent federal decennial
census, and the city's suburban area, or the corporate limits of any city and its
suburban area located in a county which contains a city of the first class, a city with
a population equal to or greater than twenty thousand (20,000) based upon the most
recent federal decennial census, or an urban-county government, in the
Commonwealth is hereby vested with the concurrent power to prescribe the
qualifications with respect to the health, vision, sobriety, intelligence, ability, moral
character, and experience of the drivers of taxicabs, limousines, or disabled persons
vehicles operating from the city, and while operating in the city, and may issue
permits for qualified drivers. However, any taxicab, limousine, disabled persons
vehicle, or TNC vehicle driver must also possess a valid operator's license from
Kentucky or another jurisdiction.
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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 13, effective June 24, 2015. -- Amended
2014 Ky. Acts ch. 92, sec. 285, effective January 1, 2015. -- 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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