KRS § 138.655 — KY Code / Title XI / Chapter 138 / Section 138.655
138.655 Definitions for KRS 138.660 to 138.7291 and 138.990(13) and (14)
Status: in_force

138.655 Definitions for KRS 138.660 to 138.7291 and 138.990(13) and (14).

As used in KRS 138.660 to 138.7291 and 138.990(13) and (14), unless the context

requires otherwise:

(1) "Cabinet" means the Transportation Cabinet;

(2) "Combined licensed weight" shall mean the greater of:

(a) The declared combined maximum gross weight of the vehicle and any towed

unit for registration purposes for the current registration period; or

(b) The highest actual combined gross weight of the vehicle and any towed unit

when operated on the public highways of the state during the current

registration period;

(3) "Gasoline" has the same meaning as in KRS 138.210;

(4) "Heavy equipment motor carrier" means any person who operates on the public

highways of this state as a "motor carrier" as defined in subsection (6) of this

section, except that it shall not include motor vehicles used to transport persons for

hire;

(5) "Licensee" means for purposes of KRS 138.660 to 138.7291 any person who has

been granted a license as a "motor carrier" or a "heavy equipment motor carrier," or

any motor vehicle in which a valid trip permit is carried;

(6) "Motor carrier" means every person who operates or causes to be operated on any

highway in this state, any bus engaged in hauling passengers for hire operating

under a certificate of convenience and necessity and any commercial truck or

commercial tractor-trailer combination having a total of two (2) or more axles and a

declared gross weight above twenty-six thousand (26,000) pounds. The number of

axles shall include not only those axles on the power unit but if a tractor-trailer

combination is involved, also those axles on the trailer or semitrailer:

(a) "Axle" means any two (2) or more load-carrying wheels mounted in a single

transverse vertical plane;

(b) "Trailers and semitrailers" are those as defined in KRS 186.650(1) and (2),

except that it does not include those trailers defined in KRS 186.650(3) and

(4) and those exempted from regulation under KRS 186.675. The term "motor

carrier" shall not mean or shall not include any person operating or causing to

be operated a city bus;

(c) "Commercial" refers to any activity for business purposes; and

(d) For the purposes of KRS 138.660(3) motor carriers, trailers, and semitrailers

shall not mean a farm vehicle as defined in KRS 186.050(4) or under another

jurisdiction's law as a farm vehicle;

(7) "Motor vehicle" means any vehicle, machine, or mechanical contrivance propelled

by an internal combustion engine and licensed for operation and operated upon the

public highways and any trailer or semitrailer attached to or having its front end

supported by such motor vehicle;

(8) "Person" includes every natural person, fiduciary, association, state or political

subdivision, or corporation. Whenever used in any clause describing and imposing

imprisonment the term "person" as applied to an association means and includes the

partners or members thereof, and as applied to a corporation the officers thereof;

(9) "Public highway" means every way or place generally open to the use of the public

as a matter of right for the purpose of vehicular travel notwithstanding that it may

be temporarily closed or travel thereon restricted for the purpose of construction,

maintenance, repair, or reconstruction; also including all city streets, alleys, and any

way or place on which a toll is charged for using such way or place;

(10) "Quarterly" for the purposes of KRS 138.660 to 138.7291 means a calendar quarter;

(11) "Special fuels" means and includes all combustible gases and liquids used for the

generation of power in an internal combustion engine to propel vehicles of any kind

upon the public highways, except that it does not include gasoline;

(12) "Trip permit" means a permit for the operating during a ten (10) consecutive day

period of any motor vehicle of any "heavy equipment motor carrier" not licensed

under KRS 138.665; and

(13) "Use" means the consumption of gasoline and special fuels in propelling motor

vehicles on the public highways.