601 KAR 1:065. Time schedules.

 

      RELATES TO: KRS Chapter 281

      STATUTORY AUTHORITY: KRS 281.600, 281.610

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.695 authorizes the Transportation Cabinet to regulate operating schedules of common carriers of persons so as to insure adequate and convenient transportation services. This administrative regulation is to assure uniformity for filing and maintaining adequate time schedules of all intrastate common carriers of persons.

 

      Section 1. Filing. Every common carrier of persons authorized to operate in intrastate commerce in Kentucky shall publish and keep on file in duplicate with the cabinet at all times, time schedules prepared in accordance with 601 KAR 1:065. Such time schedules may be typewritten, printers' proofs, an approved system time schedule, or legibly printed in ink on paper of good quality, or may consist of clippings from printed time tables posted and mounted securely on bond paper. If an operation is divided into divisions, a schedule shall be prepared for each division. At least one (1) copy of all time schedules for all carriers, except city and suburban bus operators, shall be easily accessible for public inspection in each station or place of regular stop. Each city and suburban bus operator shall maintain at least one (1) copy of all time schedules at the terminal or principal place of business, such copy to be easily accessible for public inspection.

 

      Section 2. Change in Schedules. All changes in any schedule shall be shown by the filing of a new schedule or supplement thereto in accordance with the requirements herein, and shall be accompanied by an affidavit to the effect that the notice required by 601 KAR 1:070 has been met. If no protest filed pursuant to 601 KAR 1:030 is received, and the cabinet is of the opinion that the proposed time schedule is reasonable, it shall become effective without a hearing on the proposed effective date. If a protest is filed and the cabinet deems if necessary, the proposed schedule shall be permitted to become effective, or the cabinet may, on its own motion, suspend the proposed schedule and call a hearing to determine the reasonableness of same.

 

      Section 3. Notice of Receipt. A duplicate of the time schedule or a letter of transmittal shall be stamped: "Received, Kentucky Transportation Cabinet, date and time," and returned immediately to the carrier as his authorization to effect time schedule changes if the cabinet does not, three (3) days prior to the effective date, elect to suspend a portion or portions of the changes.

 

      Section 4. Form and Contents. (1) Each schedule shall be numbered in the upper right or left hand corner preceded by the letters "KYTD Schedule." The numbers shall run consecutively beginning with the next consecutive numbers in the existing series, or if no schedule has been previously filed, beginning with number 1;

      (2) When schedules are issued cancelling previously issued schedules, the KYTD Schedule number or numbers being cancelled shall also be shown;

      (3) Name of carrier (if carrier is not a corporation, and a trade name is used, the name of the individual or partnership must precede the trade name);

      (4) The termini and points between which the schedule applies, briefly stated;

      (5) Date issued and date effective;

      (6) Name, title and address of the official issuing the schedule;

      (7) Time of arrival at and departure from all termini and intermediate points; and

      (8) The distance between the point of origin and all points shown in the schedule.

      (9) A sample time schedule is filed herein by reference, and may be obtained from the Department of Vehicle Regulation, State Office Building, Frankfort, Kentucky 40622 (DMT-7; 1 Ky.R. 787; eff. 5-14-75.)