Kentucky Statutes 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 depar…
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(1) A person shall not act as a motor carrier without first obtaining a certificate from the department.
(2) 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.
(3) (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. 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.
(4) (a) Every certificate shall be renewed annually. Application for renewal shall be in such form as the department may require.
(b) A certificate not renewed within one (1) calendar year after the date for its renewal shall become null and void.
(c) 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.
(d) 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).
(e) 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.
(2) 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.
Terms Used In Kentucky Statutes 281.630
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Automobile utility trailer: means any trailer or semitrailer designed for use with and towed behind a passenger motor vehicle. See Kentucky Statutes 281.010
- Automobile utility trailer lessor: means any person operating under an automobile utility trailer certificate who is engaged in the business of leasing or renting automobile utility trailers, but shall not include the agents of such persons. See Kentucky Statutes 281.010
- 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
- City: includes town. See Kentucky Statutes 446.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Vehicle Regulation. See Kentucky Statutes 281.010
- Disabled persons vehicle certificate: means a certificate granting authority for the operation of one (1) or more disabled persons vehicles transporting passengers for hire. See Kentucky Statutes 281.010
- Driveaway: means the transporting and delivering of motor vehicles, except semitrailers and trailers, whether destined to be used in either a private or for-hire capacity, under their own power or by means of a full mount method, saddle mount method, the tow bar method, or any combination of them over the highways of this state from any point of origin to any point of destination for hire. See Kentucky Statutes 281.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 carrier vehicle: means a motor vehicle used by a motor carrier to transport passengers or property. See Kentucky Statutes 281.010
- Motor carrier vehicle license: means a license issued by the department for a motor carrier vehicle authorized to operate under a certificate. 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
- Peer-to-peer car sharing certificate: means a certificate granting the authority for the operation of a peer-to-peer car sharing program. See Kentucky Statutes 281.010
- Property: means general or specific commodities, including hazardous and nonhazardous materials. See Kentucky Statutes 281.010
- Property certificate: means a certificate granting authority for the transportation of property, other than household goods, not exempt under KRS §. See Kentucky Statutes 281.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- 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
- Taxicab certificate: means a certificate granting authority for the operation of one
(1) or more taxicabs transporting passengers for hire. See Kentucky Statutes 281.010 - U-Drive-It: means any person operating under a U-Drive-It certificate who leases or rents a motor vehicle for consideration to be used for the transportation of persons or property, but for which no driver is furnished, and the use of which motor vehicle is not for the transportation of persons or property for hire by the lessee or rentee. See Kentucky Statutes 281.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) (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. 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.
(4) (a) Every certificate shall be renewed annually. Application for renewal shall be in such form as the department may require.
(b) A certificate not renewed within one (1) calendar year after the date for its renewal shall become null and void.
(c) 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.
(d) 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).
(e) 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.