KRS § 281.630 — KY Code / Title XXIV / Chapter 281 / Section 281.630
281.630 Certificates issued by department -- Applications -- Fees -- Renewal -- Information to be filed -- Agents of utility trailer lessor -- Prohibition against employing services of unauthorized motor carrier -- Powers of department relating to rates, services, and facilities -- Hearings -- Administrative regulations
Status: in_force

281.630 Certificates issued by department -- Applications -- Fees -- Renewal --

Information to be filed -- Agents of utility trailer lessor -- Prohibition against

employing services of unauthorized motor carrier -- Powers of department

relating to rates, services, and facilities -- Hearings -- Administrative

regulations.

(1) A person shall not act as a motor carrier without first obtaining a certificate from

the department.

(2) A certificate for the intrastate transportation of passengers or property, including

household goods, shall be issued to any qualified applicant authorizing operation

covered by the application, if it is found that the applicant conforms to the

provisions of this chapter and the requirements of the administrative regulations

promulgated in accordance with this section.

(3) (a) The department shall issue the following certificates:

1. Taxicab certificate;

2. Limousine certificate;

3. Disabled persons vehicle certificate;

4. Transportation network company certificate;

5. Household goods certificate;

6. Charter bus certificate;

7. Bus certificate;

8. U-Drive-It certificate;

9. Property certificate;

10. Driveaway certificate;

11. Peer-to-peer car sharing certificate;

12. Automobile utility trailer certificate; and

13. Towing and storage certificate.

(b) Application for a certificate shall be made in such form as the department may

require. The department shall receive an application fee of two hundred fifty

dollars ($250) for all applications, except that the department shall receive an

application fee of twenty-five dollars ($25) for a property certificate.

(c) Before the department may issue a certificate, an applicant shall:

1. Pay the application fee established under paragraph (b) of this

subsection;

2. For entities other than TNCs and peer-to-peer car sharing companies,

file a motor carrier vehicle license application for each motor carrier

vehicle as required by KRS 281.631. The applicant shall file at least one

(1) motor carrier vehicle license application before being eligible for a

certificate;

3. For TNCs, file a TNC authority application with the department

pursuant to administrative regulations promulgated by the department;

4. For peer-to-peer car sharing companies, file a peer-to-peer car sharing

certificate application with the department pursuant to administrative

regulations promulgated by the department;

5. File with the department one (1) or more approved indemnifying bonds

or insurance policies as required by KRS 281.655;

6. For taxicab, limousine, disabled persons vehicle, TNC, household

goods, charter bus, and bus certificates, obtain and retain for a period of

at least three (3) years, a nationwide criminal background check, in

compliance with KRS 281.6301, of each owner, official, employee,

independent contractor, or agent operating a passenger vehicle or

household goods vehicle or entering a private residence or storage

facility for the purpose of providing or facilitating the transportation of

household goods;

7. For household goods certificates, file with the department a current

tariff;

8. For a bus certificate, file with the department authorization from a city

as required by KRS 281.635; and

9. For towing and storage certificates, the applicant shall have a rate sheet

on file with the department. All rates included shall be reasonable and

customary to Kentucky.

(4) (a) Every certificate shall be renewed annually. Application for renewal shall be

in such form as the department may require.

(b) A certificate not renewed within one (1) calendar year after the date for its

renewal shall become null and void.

(c) The department shall not renew any certificate if it has been revoked or, if

suspended, during the period of any suspension. A certificate shall not be

considered revoked or suspended when an appeal of the revocation or

suspension is pending in a court of competent jurisdiction.

(d) For the renewal of an intrastate certificate, the department shall receive a fee

of two hundred fifty dollars ($250), except for an application for renewal of a

property certificate, for which the department shall receive a fee of twenty-

five dollars ($25).

(e) Before the department may renew a certificate, the certificate holder shall:

1. Pay the renewal fee established under paragraph (d) of this subsection;

2. For the entities other than TNCs and peer-to-peer car sharing

companies, file a motor carrier vehicle license application or renewal for

each motor carrier vehicle as required by KRS 281.631. The certificate

holder shall file at least one (1) motor carrier vehicle license application

or renewal before being eligible for renewal;

3. For TNCs, file a TNC authority application with the department

pursuant to administrative regulations promulgated by the department;

4. For peer-to-peer car sharing companies, file a peer-to-peer car sharing

certificate application with the department pursuant to administrative

regulations promulgated by the department;

5. File with the department one (1) or more approved indemnifying bonds

or insurance policies as required by KRS 281.655;

6. Every three (3) years, for taxicab, limousine, disabled persons vehicle,

TNC, household goods, charter bus, and bus certificates, obtain and

retain for a period of at least three (3) years, a nationwide criminal

background check in compliance with KRS 281.6301, of each owner,

official, employee, independent contractor, or agent operating a

passenger vehicle or entering a private residence or storage facility for

the purpose of providing or facilitating the transportation of household

goods. However, within the three (3) year period:

a. If a new owner, official, employee, independent contractor, or

agent joins the certificate holder and performs the aforementioned

duties; or

b. If the certificate holder has knowledge that a current owner,

official, employee, independent contractor, or agent who performs

the aforementioned duties has been convicted of or pled guilty to

any of the offenses listed in KRS 281.6301(2);

then the certificate holder shall obtain and retain for a period of at least

three (3) years, a nationwide criminal background check for that owner,

official, employee, independent contractor, or agent;

7. For household goods certificates, have on file with the department a

current tariff; and

8. For towing and storage certificates, have on file with the department a

current rate sheet.

(5) (a) A motor carrier operating under a household goods certificate shall, at all

times the certificate is in effect, maintain on file with the department a current

tariff.

(b) Except for a household goods certificate holder that has had only an out-of-

state address on file with the department prior to January 1, 2015, all

certificate holders shall maintain on file with the department an address within

the Commonwealth. The certificate holder shall keep open for public

inspection at that address such information as the department may require.

(c) The certificate holder shall not charge, demand, collect, or receive a greater,

less, or different compensation for the transportation of household goods or

for any service in connection therewith, than the tariff filed with the

department and in effect at the time would require. A certificate holder shall

not make or give any unreasonable preference or advantage to any person, or

subject any person to any unreasonable discrimination.

(6) A certificate shall not be transferred unless the transfer involves either the change

of the legal name of the existing certificate holder or the incorporation of a sole

proprietor certificate holder.

(7) A certificate authorizing a person to act as an automobile utility trailer lessor shall

also authorize the agents of the person to act on his or her behalf during the period

of their agency.

(8) A motor carrier vehicle shall not be operated after the expiration of the certificate

under which it is operated.

(9) A person shall not knowingly employ the services of a motor carrier not authorized

to perform such services.

(10) If the department, after a hearing held upon its own motion or upon complaint, finds

any existing rate unjustly discriminatory, or finds the services rendered or facilities

employed by any motor carrier to be unsafe, inadequate, inconvenient, or in

violation of law or of the administrative regulations of the department, it may by

final order do any or all of the following:

(a) Require the certificate holder to follow any rate or time schedule in effect at

the time of service;

(b) Require the certificate holder to issue a refund to the complainant;

(c) Require the certificate holder to pay the fine set out in KRS 281.990 to the

department; and

(d) Determine the reasonable, safe, adequate, and convenient service to be

thereafter furnished.

(11) Hearings conducted under authority of this section shall be conducted in the same

manner as provided in KRS 281.640.

(12) (a) Subject to the limitation of paragraph (b) of this subsection, the department

shall have the power to promulgate administrative regulations as it may deem

necessary to carry out the provisions of this section.

(b) Any administrative regulation that reasonably applies only to a human driver

shall not apply to the operation of a fully autonomous vehicle licensed under

this section.