601 KAR 1:045. Application for certificate filing.


      RELATES TO: KRS Chapter 281

      STATUTORY AUTHORITY: KRS 281.600, 281.650

      NECESSITY, FUNCTION, AND CONFORMITY: The statutes require the Department of Vehicle Regulation to accept applications for operating authority by motor carriers. This administrative regulation provides general provisions for the filing of applications for certificates with the Department of Vehicle Regulation.


      Section 1. (1) Renewal Applications. Each certificate or permit holder who is properly certificated and operating during a calendar year shall apply for authority renewal to the Department of Vehicle Regulation by the end of that calendar year if it intends to continue in operation during the ensuing calendar year. All renewal applications furnished by the department and shall be accompanied by the filing fee prescribed by KRS 281.650. All renewal applications and exhibits shall be typewritten or printed legibly in ink. The applicant for renewal shall provide notice that it intends to continue operation, any change in address, any change in ownership, any change in contact person, any change in telephone number or any other change pertinent to its operation as an authorized motor carrier.

      (2) No certificate or permit shall be renewed based upon an incomplete application. A certificate or permit which has been revoked shall not be renewed. If a certificate or permit has been altered or amended, it may only be renewed as altered or amended. A certificate or permit which has been suspended shall not be renewed until after the termination of the suspension period.


      Section 2. (1) Merger and reissuance of certificates. If a merger of motor carriers occurs in accordance with KRS 281.630(9), the department may upon its own motion, or at the request of a carrier, in instances where a carrier holds two (2) or more certificates, call a hearing and issue proper orders merging the several certificates into one (1) certificate, and in the same proceeding may make any modification of the wording of the certificate to eliminate unnecessary duplications, to clear up ambiguities and to show present highway numbers if they have been changed.

      (2) Applications for merger and reissuance of certificates shall be in petition form signed and sworn to by the person submitting it. The petition shall contain the information required by 601 KAR 1:040 and be accompanied by the exhibits required by 601 KAR 1:040, except that the financial statement may be omitted. The petition shall set out the present wording of all certificates involved and shall also contain the proposed wording for the reissued certificate.

      (3) Nothing herein shall be so construed as to require a hearing where a hearing, in the commissioner's judgment, is not necessary. It shall be completely within the discretion of the commissioner whether a hearing on an application for merger and reissuance is necessary, and, if so, the time and place for the hearing to be held. (DMT-4; 1 Ky.R. 785; eff. 5-14-75; Am. 16 Ky.R. 191; eff. 10-4-89; 18 Ky.R. 2697; eff. 4-3-92.)