601 KAR 1:070. Notice.
RELATES TO KRS Chapter 281
STATUTORY AUTHORITY: KRS 281.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600 requires the Transportation Cabinet to establish reasonable requirements with respect to continuous and adequate transportation service. This administrative regulation provides for requirements for uniform written notice by the applicants on matters before the cabinet.
Section 1. Notice by Applicant. (1) Tariff changes of common carriers of persons. No common carrier of persons shall make any change in any fare except upon thirty (30) days' notice to the cabinet. A common carrier bus operator desiring to make a general change in its fares shall give detailed notice of its proposed action to all competing and connecting carriers and shall cause an advertisement to be published in a sufficient number of newspapers of general circulation to cover the territory affected by the change sought, such advertisements to be published once a week for three (3) consecutive weeks. The advertisement shall clearly indicate the proposed change, the proposed effective date of such change and shall state that any persons desiring to protest may do so by filing a protest with the cabinet, such protest to be in accordance with the rules and administrative regulations of the cabinet. The first such required notice shall be published on or before the date of which the application is filed with the cabinet, and the second and third such required notice shall be published during the next two (2) succeeding calendar weeks. In addition, each intercity bus operator (not including suburban, city and industrial bus operators) shall post notice of a change of fares in each of its terminals and places of regular stops, which notice shall contain the same information as the newspaper advertisements. Suburban, city and industrial bus operators shall post a notice of a change in fares in each of its buses, which notice shall contain the same information as the newspaper advertisements. City bus operators shall also give notice of its proposed change to the chief executive officer of the city or cities wherein it is authorized to operate. No later than ten (10) days subsequent to the third publication of the advertisement in the newspaper or newspapers, the applicant shall file with the cabinet an affidavit in duplicate to the effect that the required notice has been given. The affidavit shall be accompanied by a copy or copies of the advertisements.
(2) Tariff changes of common carriers of property and irregular route common carriers of specific commodities.
(a) No common carrier of property or irregular route common carrier of specific commodities shall make any change in any rate or change except upon thirty (30) days' notice to the cabinet; provided, however, that the cabinet, may, for good cause shown, allow a change to be made upon less than thirty (30) days' notice. The application for permission to change rates upon less than thirty (30) days' notice shall be filed with the cabinet in accordance with the requirements of these rates and administrative regulations. All tariffs filed upon less than thirty (30) days' notice shall contain the following notation:
"Effective _______ published on ______ days' notice under authority of special permission of the Transportation Cabinet."
(b) A regular or irregular route common carrier truck operator, except an irregular route common carrier truck operator authorized to transport "household goods," desiring to make a change in its rates or charges shall, at or immediately prior to the time of the filing of the tariff or supplement thereto, notify all competing and connecting carriers of such change. In addition, similar notice shall be given to any shipper or interested party requesting same.
(c) An irregular route common carrier truck operator authorized to transport "household goods" desiring to make a change in its rates and charges shall, at or immediately prior to the time of the filing of the tariff or supplement thereto, notify all competing and connecting carriers having a situs within fifty (50) miles of his situs of such change. In addition, similar notice shall be given to any shipper or interested party requesting same, and if the change in the rates and charges involves an increase, then he shall also, and at the same time, cause a notice to be printed in a newspaper of general circulation in the area of his situs, which shall give notice of the proposed increase, the old rates, and charges, the proposed new rates and charges, and which shall state that any interested party may protest said increase by filing a protest with the Transportation Cabinet in accordance with its rules and administrative regulations.
(d) Pursuant to this requirement every regular or irregular route common carrier truck operator or its tariff publishing agent shall maintain a list of shippers and interested parties. Any shipper or interested party desiring notice of rate changes of any carrier shall request such carrier or its tariff publishing agent to place its name upon the list. Thereafter such carrier will be required to furnish such shipper or interested party notice of any change in its rates. The cabinet may at any time designate and furnish to carriers or their tariff publishing agents a list of interested parties to be furnished notice of any change in any rate or charge, and the carriers or their tariff publishing agents shall give such interested party or parties the same notice which is required to be given to other interested parties set out herein.
(3) Change in schedules.
(a) No common carrier bus operator, except a city bus operator, shall make any change in any schedule except upon fifteen (15) days' notice to the cabinet. If such 15th day occurs on Saturday, Sunday or a legal holiday, the time schedule shall be forwarded so as to reach the cabinet on the last working day prior to the 15th day in advance of the effective date. A common carrier bus operator, desiring to change any schedule shall, at the time of the filing of the schedule or supplement thereto, notify all competing and connecting carriers of such change by mailing a copy of proof of the time schedules via United States Mail to an official of said carrier at its general office of record. Competing and connecting carriers shall be determined by those listed in a scheduled publication or guide generally used in the area affected by the change or those requesting notification by letter to the carrier, with a copy to the cabinet. The carrier shall also prominently post a copy of the new schedule in each of its affected terminals and except in the case of a suburban bus operator, places of regular stop.
(b) City bus operators operating in both intrastate and interstate commerce, and city bus operators serving one (1) or more cities which have not exercised their power under KRS 281.635 to prescribe rules and administrative regulations respecting schedules of such city bus operators, shall give fifteen (15) days' notice to the cabinet and the chief executive officer of the city or cities involved and shall post notice of the proposed schedule change in each bus operating over the route or routes affected; provided, however, where the proposed schedule will not change the interval between buses in excess of five (5) minutes, such notice shall not be required. City bus operators serving one (1) or more cities and their suburban areas, but whose operation is principally confined to a city of the first class, shall not be required to give the notice otherwise required therein.
(c) The new schedule posted as required above as notice to the public shall state that any person may protest the proposed change by filing at least five (5) days prior to the effective date a protest containing the reasons therefor with the Kentucky Transportation Cabinet, Frankfort, Kentucky, with a copy to the carrier.
(d) The cabinet may, in the case of an emergency or when it is the opinion of the cabinet that the facts justify, approve a schedule change at any time.
(e) Nothing contained herein shall be construed in such manner as to make this administrative regulation inconsistent with KRS 281.610, 281.635 or KRS Chapter 424. Suburban bus operators may make temporary changes in their time schedules in accordance with KRS 281.700.
Section 2. Alternative Notice of Schedule Change. Notwithstanding the provisions of 601 KAR 1:070, and in lieu of posting the copy of the new schedule, as set out in 601 KAR 1:070, a common carrier of persons may prominently display on a bulletin board located in each of its affected terminals an announcement that certain schedule changes will become effective a certain date. Such announcement shall be at least eight by eleven (8 x 11) inches, and the lettering thereon shall be approximately three-fourths (3/4) of an inch, and easily discernible. This announcement shall clearly describe where information concerning the proposed schedule adjustments may be obtained. Such announcement shall also contain the following notation: "Any person may protest the proposed change by filing at least five (5) days prior to the effective date such protest with the Kentucky Transportation Cabinet, Frankfort, Kentucky, with a copy to the carrier. All protests must state the ground or reasons therefor." (DMT-8; 1 Ky.R. 787; eff. 5-14-75.)