601 KAR 1:040. Application for operating authority and registration of motor carriers.

601 KAR 1:040. Application for operating authority and registration of motor carriers.

RELATES TO: KRS Chapter 281, 281.014, 281.615, 281.618, 281.619, 281.620, 281.625, 281.637, 281.650, 281.660, 281A.010(8), 49 C.F.R. Part 367

STATUTORY AUTHORITY: KRS 281.600, 281.620, 281.752, 49 C.F.R. Part 367, 49 U.S.C. 14501

NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation describes the application procedure for intrastate operating authority in the Commonwealth and the registration procedure for interstate motor carriers operating in Kentucky pursuant to authority granted by the United States Department of Transportation.

Section 1. Kentucky Intrastate Passenger or Household Goods Authority. (1)(a) An application for operating authority to engage in Kentucky intrastate commerce relating to the transportation of persons except for charter bus transportation or household goods shall be made on the following appropriate forms:

1. Transportation Cabinet form TC 93-10, Application for Operating Authority, Household Goods, revised April 1999;

2. Transportation Cabinet form TC 93-11, Application for Operating Authority, Disabled Persons Carrier, revised April 1999;

3. Transportation Cabinet form TC 93-12, Application for Operating Authority, Bus and Airport Shuttle, revised April 1999;

4. Transportation Cabinet form TC 93-13, Application for Operating Authority, City Limousine and Taxi, revised April 1999; or

5. Transportation Cabinet form TC 93-15, Application for Operating Authority, County Limousine and Taxi, revised April 1999.

(b) The application shall be accompanied by a filing fee of twenty-five (25) dollars.

(c) All applications and exhibits shall be filed with answers typewritten or printed legibly in ink. Each question shall be fully answered and all instructions with the application shall be read and fully complied with.

(2)(a) If the applicant is a corporation, a copy of the corporation's certificate of good standing from the Secretary of State in the jurisdiction in which it was incorporated shall be submitted with the application.

(b) This certification shall not be more than thirty (30) days old at the time the application is submitted to the Transportation Cabinet.

(3) The application shall be accompanied by the applicant's financial statement prepared in accordance with 601 KAR 2:010.

(4)(a) An application shall be sworn to by the applicant or a responsible official acting for the applicant.

(b) A hearing shall not be called or authority issued upon an incomplete application.

Section 2. Temporary Authority Applications. (1)(a) An application for temporary authority shall be made to the Transportation Cabinet by petition.

(b) The petition shall set forth the facts relied on by the applicant as showing an immediate and urgent need for the authority sought.

(c) All existing carriers having authority to perform the proposed service between any of the points sought in the petition shall be fully identified and the authority of each as affected by the application shall be stated.

(d)1. The applicant shall have the burden of proof in showing that any existing carriers with authority are not capable of meeting the need for service.

2. In lieu of meeting this burden, the applicant may file a waiver from each carrier authorized to serve the area sought or any part thereof in the form of a letter from each carrier waiving any objection to the temporary grant of authority.

(2) There shall also be filed with the petition a verified statement. The supporting statement shall contain at least the following information:

(a) Name and address of the motor carrier who has filed the application for temporary authority;

(b) Statement of character and reputation of the applicant and a brief history of the applicant's work history, including any experience in providing transportation services;

(d) A statement of how the transportation service, if any, is now obtained and how it was obtained in the past;

(e) A statement of when the transportation service is needed and the reasons why the need is immediate and urgent;

(f) An estimate of how long the need for the transportation service will continue and a statement that the person making the supporting statement would support a permanent service application;

(g) A statement of the consequences if this transportation service is not made available; and

(h) A statement of incidents where efforts have been made to obtain the service from existing motor carriers and the dates and results of these efforts; name and address of all existing carriers who have either failed or refused to provide the service; and the reasons given for the failure or refusal.

(3) The department may issue temporary authority without following any of the requirements listed above if one (1) of the following conditions exists:

(a) There are no existing carriers with authority within the scope and area of the application;

(b) All existing carriers with authority within the scope and area of the application issue waivers for the issuance of temporary authority;

(d) The application is for temporary approval under KRS 281.632(2).

(4) If no application for corresponding permanent authority is made, an application for temporary authority shall be accompanied by a filing fee of twenty-five (25) dollars and the financial statement of the applicant prepared in accordance with 601 KAR 2:010.

Section 3. Application for Approval of Transfer of Certificate or Permit. (1)(a) An application for approval to transfer a certificate or permit issued by the Transportation Cabinet authorizing Kentucky intrastate commerce shall be accompanied by a filing fee of twenty-five (25) dollars.

(b) The application shall be made on "Application for Approval of Transfer of Certificate of Permit" form TC 93-17, effective April 1997.

(2)(a) When the applicant is a corporation, a copy of the corporation's certificate of good standing from the Secretary of State in the jurisdiction in which it was incorporated shall be submitted with the application. This certification shall not be more than thirty (30) days old at the time the application is submitted to the department.

(b) If the applicant is a foreign corporation, a Kentucky process agent shall be listed.

(3)(a) The application shall be accompanied by the transferee's financial statement prepared in accordance with 601 KAR 2:010.

(b) An application shall be sworn to by the applicant or a responsible official acting for the applicant.

(4) A copy of the executed transfer agreement and a copy of the certificate or permit sought to be transferred shall accompany the application.

(5) If the application is for the transfer of contract carrier authority, a copy of the contract to be transferred and a duly executed assignment by the original shipper shall be attached to the application.

Section 4. Interstate Operating Authority - For-hire Motor Carriers. (1) 49 CFR Part 367 revised October 1, 2001, shall govern the registration of the for-hire motor carriers which meet the following criteria:

(a) Those whose principal place of business is Kentucky; and

(b) Those which are operating in interstate commerce.

(2) The "Procedure Manual for the Single State Registration System" prepared by the National Conference of State Transportation Specialists and effective July 12, 1993 shall govern the procedures of the Department of Vehicle Regulation in the registration of for-hire motor carriers operating in interstate commerce.

(3) A motor carrier which maintains its principal place of business in Kentucky shall apply to the Department of Vehicle Regulation for registration pursuant to 49 CFR Part 367.

(4) The Kentucky fee for the issuance of the registration receipt required by the "Procedure Manual for the Single State Registration System" shall be ten (10) dollars per motor vehicle.

Section 5. Contract Bus Carrier Permit; Intrastate. (1) Each application for authority as an intrastate contract bus carrier shall include two (2) copies of the contract under which the applicant desires to operate.

(2) The contracts shall be executed by the applicant/buyer and seller or applicant and passenger, and shall set out:

(a) The rates applicable;

(b) The extent and scope of the activity covered by the contract; and

(3) Reference to a published common carrier tariff shall not be acceptable in defining rates or compensation.

(4) At least one (1) of the contract copies shall have original signatures.

(5) The extent of the authority of the contract carrier permit shall be:

(a) Limited to the scope of the contract on file with the department; and

(b) Made a part of the permit.

(6)(a) If the motor carrier has complied with the provisions of this administrative regulation, the Department of Vehicle Regulation shall issue the carrier an insurance receipt.

(b) The motor carrier shall keep a copy of the insurance receipt in each vehicle operating pursuant to this authority.

Section 6. Charter Bus Applications. (1) An application for operating authority as a charter bus operator pursuant to KRS 281.637 shall be made on form TC 93-20 "Application for Charter Bus Operating Authority".

(2) In accordance with KRS 281A.010(8)(d), a charter bus shall be considered to be a commercial motor vehicle as defined by KRS 281A.010(8) except that it shall be designed to transport seventeen (17) or more persons, including the driver.

(3) Each application shall include a filing fee of twenty-five (25) dollars.

(4) The applicant shall certify knowledge of and compliance with 601 KAR 1:005, Sections 2, 3(b) and 4 and with the provisions of KRS Chapter 281A relating to commercial drivers licenses.

(5) The applicant shall be required to file evidence of insurance as required in KRS 281.655(4).

(6)(a) If an applicant for a charter bus certificate has complied with the provisions of this administrative regulation, the Department of Vehicle Regulation shall issue the carrier a registration receipt authorizing charter bus operations between all points and places in Kentucky.

(b) The carrier shall keep a copy of this receipt in each vehicle operating pursuant to this authority.

Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) Transportation Cabinet form TC 93-10, Application for Operating Authority, Household Goods, revised April 1999;

(b) Transportation Cabinet form TC 93-11, Application for Operating Authority, Disabled Persons Carrier, revised April 1999;

(c) Transportation Cabinet form TC 93-12, Application for Operating Authority, Bus and Airport Shuttle, revised April 1999;

(d) Transportation Cabinet form TC 93-13, Application for Operating Authority, City Limousine and Taxi, revised April 1999;

(e) Transportation Cabinet form TC 93-15, Application for Operating Authority, County Limousine and Taxi, revised April 1999;

(f) "Application for Charter Bus Operating Authority", form TC 93-20, revised December 2001;

(g) "Procedure Manual for Single State Registration System", July 12, 1993 edition; and

(h) 49 CFR Part 367 revised October 1, 2001, prescribes standards for registration with states.

(2) The material in subsection (1)(a) through (e) and (h) of this section may be inspected, copied or obtained, subject to applicable copyright law, at the Office of General Counsel, Hearings Section, State Office Building, 501 High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.

(3) The material incorporated in subsection (1)(f) and (g) of this section may be inspected, copied or obtained, subject to applicable copyright law, at the Division of Motor Carriers, Third Floor of the State Office Building, 501 East High Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m. (DMT-3; 1 Ky.R. 784; eff. 5-14-75; 18 Ky.R. 2359; 2695; 2961; 3195; eff. 5-1-92; 20 Ky.R. 1381; eff. 2-10-94; 22 Ky.R. 1725; 2299; eff. 6-6-96; 26 Ky.R. 201; eff. 9-7-99; 28 Ky.R. 1688; 2572; eff. 6-14-2002.)