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SB 177/LM (BR 1478) - E. Harris

     AN ACT relating to motor carriers.
     Omnibus revision of the motor carrier statutes, KRS Chapter 281; repeal and reenact KRS 281.010 to consolidate various definition sections and set forth definitions for the chapter; amend KRS 281.590, regarding legislative intent, to eliminate references to competitive practices; amend KRS 281.600 to clarify references to federal laws; amend KRS 281.602 to give the Department of Vehicle Regulation the authority to file liens against motor carriers for fees administered under the chapter; amend KRS 281.605 and 281.610 to eliminate references to certificates of convenience and necessity and to hearings on certificates of convenience and necessity; amend KRS 281.6185 to clarify definitions and eliminate outdated grandfather language; amend KRS 281.626 to eliminate hearings for the issuance of U-Drive-It certificates; repeal and reenact KRS 281.630 to require motor carriers to obtain a certificate from the department prior to operation, establish that a certificate is to be granted to any applicant who conforms to the requirements of KRS Chapter 281, identify different certificates issued by the department, set forth application requirements and fees, require criminal background checks for certain officers and employees and establish disqualifying offenses, establish renewal procedures and fees, establish requirements for rate and time schedules, establish procedures for transfer of certificates, establish authority for hearing and penalties, and grant the department the authority to promulgate administrative regulations to carry out the provisions of the section; repeal and reenact KRS 281.631 to establish requirements for motor carrier vehicle licenses, establish initial application and renewal procedures and fees, allow cities to impose annual license fees not to exceed $30 per vehicle on taxicabs, limousines, and disabled persons vehicles, exempt nonresident motor carriers from fees under KRS Chapter 281 if reciprocal provisions are granted Kentucky carriers by the nonresident carrier's home state, and grant the department the authority to promulgate administrative regulations to carry out the provisions of the section; amend KRS 281.635 to eliminate finding of convenience and necessity for bus franchises, clarify references to concurrent authority of cities and the state over buses, taxicabs, limousines, disabled persons vehicles, and their drivers; amend KRS 281.640 to establish procedures for hearings involving certificate holders; amend KRS 281.655 to set insurance requirements for motor carriers at levels established under 49 C.F.R. Chapter 387; amend KRS 281.656 to clarify provisions for the suspension of a certificate upon cancellation of insurance or bond; amend KRS 281.720 to require motor carrier vehicles to display a motor carrier license plate; amend KRS 281.728 to include limousines and disabled persons vehicles among the types of certificate holders that cannot advertise for a service not authorized by its certificate; amend KRS 281.730 to clarify rules on hours of operation; amend KRS 281.990 to reduce the minimum fine for operating a motor carrier without a valid certificate or in violation of a certificate from $2,000 to $500; amend KRS 186.050 to set registration fees for motor carrier vehicles carrying up to 15 passengers at $11.50 and the fee for motor carrier vehicles carrying more than 15 passengers at $100; create a new section of KRS Chapter 189 to authorize the Transportation Cabinet to join compacts with other states regarding overdimensional permits; amend KRS 281.687, 281.735, 281.745, 281.752, 281.755, 281.760, 281.775, 281.802, 281.820, 281.830, 281.835, 281.838, 281.873, 96A.010, 96A.020, 138.446, 138.463, 186.164, 186.240, and 186.991 to conform; repeal KRS 186.052, 186.281, 186.286, 281.011, 281.012, 281.013, 281.014, 281.015, 281.604, 281.607, 281.612, 281.615, 281.618, 281.619, 281.620, 281.624, 281.625, 281.6251, 281.632, 281.633, 281.637, 281.641, 281.645, 281.650, 281.660, 281.6602, 281.670, 281.675, 281.680, 281.685, 281.690, 281.695, 281.700, 281.710, 281.780, 281.801, 281.804, 281.806, 281.850, 281.860, 281.910, 281.912, and 281.914; clarify that any existing certificate or permit in effect on the effective date of the Act shall remain valid until its expiration and that prior to expiration, the certificate holder must make initial application for a certificate under the provisions of the Act.

     Mar 4-introduced in Senate
     Mar 6-to Transportation (S)

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