KRS § 281.635 — KY Code / Title XXIV / Chapter 281 / Section 281.635
281.635 Cities may authorize operation of buses -- Certificates -- City's authority over buses -- Appeal -- Concurrent power of certain local governments over certified carriers -- Exemption for human service transportation delivery vehicles
Status: in_force

281.635 Cities may authorize operation of buses -- Certificates -- City's authority

over buses -- Appeal -- Concurrent power of certain local governments over

certified carriers -- Exemption for human service transportation delivery

vehicles.

Notwithstanding anything contained in this chapter:

(1) All cities of the Commonwealth are vested with the power to grant authorization for

the operation of buses over their streets and highways. Upon acquiring

authorization, the holder of the authorization shall apply to the Department of

Vehicle Regulation for a bus certificate.

(2) The governing body of any city in the Commonwealth in which city buses operate

shall have supervisory and regulatory power over such buses, while operating in the

city, and shall have authority to enforce all ordinances or regulations pertaining to

routes, services, time schedules, and operation of the buses and the drivers thereof,

but any interested party may appeal to the department from any action, finding, or

order of any city within thirty (30) days after the entry of the action, finding, or

order, and a hearing shall be held in accordance with KRS 281.640; however, any

action, finding, or order of any city shall be sustained if there is substantial evidence

or reason to support it; otherwise the department shall make the orders as it deems

necessary and proper. However, where a carrier's entire operation is confined to

intracity transportation within the corporate limits of a single city, there shall be no

appeal to the department from the actions, findings, or orders of the city. Provided

further, that where any city bus is subject to the regulatory powers of more than one

(1) city and the regulations are in conflict or such as to impede the transportation

facilities serving the cities, or the carrier is failing to furnish safe, adequate and

convenient service to the public, the department may, upon complaint or on its own

initiative, call a hearing and enter orders as are necessary and proper.

(3) The governing body of any city of the first class, a city with a population equal to or

greater than twenty thousand (20,000) based upon the most recent federal decennial

census, and the city's suburban area, or the corporate limits of any city and its

suburban area located in a county which contains a city of the first class, a city with

a population equal to or greater than twenty thousand (20,000) based upon the most

recent federal decennial census, or an urban-county government, in the

Commonwealth in which taxicabs, limousines, or disabled persons vehicles operate

shall have concurrent supervisory and regulatory power over those certified carriers

operating from the city, and shall have authority to enforce all ordinances or

regulations pertaining to their operation, but any interested party may appeal to the

department from any action, finding, or order of any city within thirty (30) days

after the entry of the action, finding, or order, and a hearing shall be held in

accordance with KRS 281.640; however, any action, finding, or order of any city

shall be sustained if there is substantial evidence or reason to support it; otherwise,

the department shall make any orders that it deems necessary and proper. Where any

taxicab, limousine, or disabled persons vehicle carrier is subject to the regulatory

powers of more than one (1) city and the regulations of those cities are in conflict or

impede serving the transportation needs of the Commonwealth, the department

may, upon complaint or on its own initiative, call a hearing and enter orders as are

necessary and proper, including establishing or requiring the establishment of

uniform regulations.

(4) The governing body of any city of the first class, a city with a population equal to or

greater than twenty thousand (20,000) based upon the most recent federal decennial

census, and the city's suburban area, or the corporate limits of any city and its

suburban area located in a county which contains a city of the first class, a city with

a population equal to or greater than twenty thousand (20,000) based upon the most

recent federal decennial census, or an urban-county government, in the

Commonwealth is hereby vested with the concurrent power to prescribe the

qualifications with respect to the health, vision, sobriety, intelligence, ability, moral

character, and experience of the drivers of taxicabs, limousines, or disabled persons

vehicles operating from the city, and while operating in the city, and may issue

permits for qualified drivers. However, any taxicab, limousine, disabled persons

vehicle, or TNC vehicle driver must also possess a valid operator's license from

Kentucky or another jurisdiction.

(5) The governing body of a city shall not have authority over a motor vehicle that is

being operated as a human service transportation delivery vehicle under a contract

with the Transportation Cabinet in accordance with KRS 96A.095(4).