601 KAR 2:010. General procedures.

 

      RELATES TO: KRS Chapters 186, 281, 49 C.F.R. Part 1023

      STATUTORY AUTHORITY: KRS 186.050, 281.600, 365.015, 40 C.F.R. Part 1023

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation sets forth general procedures of the Department of Vehicle Regulation that are not specifically covered by topics in other administrative regulations. This administrative regulation is to provide for a more orderly operation of the department.

 

      Section 1. No Sale or Transfer until Operation Begins. An application for sale, lease or transfer of a certificate shall not be considered by the department unless the holder of the certificate has actually started operation under the certificate except that the commissioner may consider an application if, in his opinion, it would be to the best interest of the traveling or shipping public.

 

      Section 2. Method of Payment; Exception. (1) Except as set forth in subsection (2) of this section, the department shall accept personal checks, corporate checks, certified checks, cashier's checks, money orders or cash for payment of fees and taxes owed to the Commonwealth that are the responsibility of the department to collect.

      (2) The payment of apportioned registration licensing fees, fees collected pursuant to 49 CFR part 1023, and payment to replace a check for which there was insufficient funds shall be made only by certified checks, cashier's checks, money orders, cash, or other guaranteed funds.

 

      Section 3. Citations. All citations issued by the Department of Vehicle Regulation shall be governed by 601 KAR 1:095 pertaining to the procedure on complaints, except that the citation shall constitute the thirty (30) day notice required in 601 KAR 1:030 to be given by the department.

 

      Section 4. Trade Name. Where any person operating a motor carrier is the sole owner of the business and is doing business under a trade name, a declaration of assumed name shall be filed with the county clerk of the county in which the main office of the business is located, and a copy of the declaration of assumed name shall be also filed with the department.

 

      Section 5. Declaration of Partnership. Where two (2) or more persons are operating a motor carrier as a partnership, a declaration of partnership shall be filed with the county clerk of the county in which the main office of the business is located, and a copy of the declaration of partnership shall also be filed with the department.

 

      Section 6. Custodian of Records. The Commissioner of the Department of Vehicle Regulation is the custodian of the records of the department. However, the commissioner may designate the deputy commissioner, appropriate division director or other qualified and legally appropriate person to certify as to the authenticity of a particular record or to act on behalf of the commissioner in any other matter pertaining to records maintained by the department. Any person who desires to obtain a copy of any record of the cabinet shall make a request therefor to the proper custodian, and a fee of ten (10) cents per page shall be charged for each copy furnished unless a fee for the record has been established by another administrative regulation.

 

      Section 7. Financial Statements. (1) Financial statements required to be filed with applications shall be completed on the form TC 93-24, Financial Statement of Applicant or Transferee, revised November 1991. This form is hereby incorporated by reference as a part of this administrative regulation. It shall be prepared so as to reflect the financial condition as of the end of the last calendar quarter preceding the date of the filing of the application. The financial statement shall make no provision for, nor assign any value to, certificates or permits whether interstate, or intrastate held by the applicant.

      (2) All financial statements filed with the applications shall be notarized or attested by the applicant, or, if the applicant is a corporation, a responsible official of same.

      (3) Financial statements filed with applications for the sale, transfer or assignment of the controlling stock of a corporation or such a portion of the stock of a corporation as will vest the controlling stock of the corporation in another shall be the financial statements of the corporation the stock of which is being transferred.

      (4) If the applicant has an independent financial statement, it may record on form TC 93-24 that the financial statement is attached. However, the applicant official shall swear on the form that the information is correct. Without this affidavit the financial statement shall be deemed incomplete.

      (5) The form TC 93-24 may be obtained free of charge, viewed or copied from the Transportation Cabinet's Office of General Counsel, State Office Building, 501 High Street, Frankfort, Kentucky 40622. Their hours of operation are 8 a.m. until 4:30 p.m., local prevailing time on days state government is working. The telephone number is (502) 564-2548.

 

      Section 8. Change of Name. Any authorized carrier may effect a change in the trade, assumed or corporate name under which it conducts its business by making written application therefor to the department and by furnishing evidence to the department of compliance with the applicable Kentucky laws regarding the use of trade or assumed names. The twenty-five (25) dollars application fee shall also be submitted.

 

      Section 9. Papers to be Carried on Common Carrier Vehicles and Available for Inspection. (1) Every vehicle being operated as a common carrier of property in intrastate or interstate commerce shall carry in the possession of the driver thereof, a manifest, bills of lading, freight bills, or other similar papers, covering the intrastate or interstate freight carried by that vehicle. The manifest, bills of lading, freight bills, or other shipping documents may be of any form within the carrier's discretion, but shall clearly show the following:

      (a) The name of the carrier;

      (b) The name of the shipper;

      (c) The name of the consignee; and

      (d) The address of each.

      (2) The manifest, bills of lading, freight bills or other such shipping documents shall be made available for inspection to any authorized officer upon demand.

 

      Section 10. Prohibited Operations. It shall be illegal for any carrier to transport either persons or property, for hire, to or from a location in Kentucky which is:

      (1) Known to the carrier or its employees engaged in the pick up or delivery as a place where unlawful gambling or other illegal activity is conducted; or

      (2) Notoriously known as a place where unlawful gambling or other illegal activity is conducted or carried on.

 

      Section 11. Penalties. Violation of this administrative regulation by a motor carrier or its employees shall be grounds for denial of reciprocal privileges, revocation of authority or denial of an application for renewal of operating authority. (DMT-33; 1 Ky.R. 794; eff. 5-14-75; Am. 7 Ky.R. 243; eff. 10-1-80; 14 Ky.R. 248; eff. 9-10-87; 18 Ky.R. 2700; 2919; eff. 4-3-92; 20 Ky.R. 1384; eff. 2-10-94.)