Kentucky Statutes 281.6301 – Criminal background checks — Prohibition against engaging, permitting, or employing persons convicted of certain offenses — Administrative regulations
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(1) A person granted a taxicab, limousine, disabled persons vehicle, transportation network company, household goods, charter bus, or bus certificate shall obtain and retain for a period of at least three (3) years a nationwide criminal background check of each certificate holder, owner, official, employee, independent contractor, or agent operating a passenger or household goods vehicle, or whose duties may require in person contact with the public or entry into a private residence or storage facility for the purpose of providing or facilitating the transportation of household goods.
(2) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to perform any of the duties outlined in subsection (1) of this section if that person has been convicted of any of the following offenses:
For details, see § 532.060
(a) A Class A felony;
(b) A Class B felony; or
(c) A sex crime as defined in KRS § 17.500.
(3) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to operate a motor carrier vehicle if that person has been convicted of any of the following offenses:
(a) Leaving the scene of a traffic accident;
(b) Causing a fatality or fatalities through negligent operation of a vehicle; or
(c) Using a vehicle in the commission of a felony involving the manufacture or distribution of a controlled substance.
(4) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to operate a motor carrier vehicle if that person has been convicted of any of the following offenses in the past three (3) years:
(a) Operating a motor vehicle on a suspended license in violation of KRS
186.620(2);
(b) Operating a motor vehicle twenty-six (26) miles per hour or more in excess of the speed limit in violation of KRS § 189.390; or
(c) Racing.
(5) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to operate a motor carrier vehicle if that person has four (4) convictions in the past three (3) years for operating a motor vehicle in excess of the speed limit in violation of KRS § 189.390 or for any offense which requires the assessment of penalty points by the department.
(6) Criminal background checks under this section shall be: (a) Performed at the expense of the certificate holder;
(b) Completed prior to the employment of or contracting with an applicant; and
(c) Completed using an entity from an approved list issued by the department.
(7) The department shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 11, effective June 24, 2015. — Created
2014 Ky. Acts ch. 21, sec. 6, effective July 15, 2014.
(2) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to perform any of the duties outlined in subsection (1) of this section if that person has been convicted of any of the following offenses:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 281.6301
- Bus certificate: means a certificate granting authority for the operation of one (1)
or more buses. See Kentucky Statutes 281.010 - Certificate: means a certificate of compliance issued under this chapter to motor carriers. See Kentucky Statutes 281.010
- Charter bus: means a motor vehicle operating under a charter bus certificate providing for-hire intrastate transportation of a group of persons who, pursuant to a common purpose under a single contract at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. See Kentucky Statutes 281.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Department: means the Department of Vehicle Regulation. See Kentucky Statutes 281.010
- Limousine: means a motor vehicle operating under a limousine certificate that is designed or constructed with not more than fifteen (15) regular seats. See Kentucky Statutes 281.010
- Motor carrier: means any person in either a private or for-hire capacity who owns, controls, operates, manages, or leases, except persons leasing to authorized motor carriers, any motor vehicle for the transportation of passengers or property upon any highway, and any person who engages in the business of automobile utility trailer lessor, vehicle towing, driveaway, or U-Drive-It. See Kentucky Statutes 281.010
- Motor vehicle: means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles. See Kentucky Statutes 281.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Passenger: means an individual or group of people. See Kentucky Statutes 281.010
- Permit: means a temporary permit of compliance issued under this chapter for a specified period not to exceed ten (10) days, and for a specific vehicle, to any motor carrier, including one who is a nonresident of the Commonwealth, who operates a motor vehicle and is not entitled to an exemption from the payment of fees imposed under KRS §. See Kentucky Statutes 281.010
- Storage facility: means any lot, facility, or other property used to store motor vehicles that have been removed from another location by a tow truck. See Kentucky Statutes 281.010
(a) A Class A felony;
(b) A Class B felony; or
(c) A sex crime as defined in KRS § 17.500.
(3) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to operate a motor carrier vehicle if that person has been convicted of any of the following offenses:
(a) Leaving the scene of a traffic accident;
(b) Causing a fatality or fatalities through negligent operation of a vehicle; or
(c) Using a vehicle in the commission of a felony involving the manufacture or distribution of a controlled substance.
(4) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to operate a motor carrier vehicle if that person has been convicted of any of the following offenses in the past three (3) years:
(a) Operating a motor vehicle on a suspended license in violation of KRS
186.620(2);
(b) Operating a motor vehicle twenty-six (26) miles per hour or more in excess of the speed limit in violation of KRS § 189.390; or
(c) Racing.
(5) A certificate holder shall not engage, permit, or employ any person, including the certificate holder, to operate a motor carrier vehicle if that person has four (4) convictions in the past three (3) years for operating a motor vehicle in excess of the speed limit in violation of KRS § 189.390 or for any offense which requires the assessment of penalty points by the department.
(6) Criminal background checks under this section shall be: (a) Performed at the expense of the certificate holder;
(b) Completed prior to the employment of or contracting with an applicant; and
(c) Completed using an entity from an approved list issued by the department.
(7) The department shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement the provisions of this section.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 19, sec. 11, effective June 24, 2015. — Created
2014 Ky. Acts ch. 21, sec. 6, effective July 15, 2014.