Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 40 - Transportation of Solid Waste › Section 601 KAR 40:020 - Application for license to operate vehicles transporting municipal solid waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				174.450
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				174.450(9) requires that the
				Transportation Cabinet promulgate administrative regulations to establish a
				municipal solid waste transportation licensing program by August 26, 1991, and
				that on or after November 26, 1991, that each vehicle being used to transport
				municipal solid waste be identified by the licensee.
Section 1.
(1) An applicant for a license to operate
			 municipal solid waste transportation vehicles within the Commonwealth of
			 Kentucky, shall apply to the Transportation Cabinet, Department of Vehicle
			 Regulation, Division of Motor Carriers, 501 High Street, Frankfort, Kentucky
			 40622.
(2) The following
			 information shall be provided in, or with, the application:
(a) Name in which license is sought. (NOTE:
			 This name shall be identical to the motor carrier's current KYU number issued
			 by the Department of Vehicle Regulation, if applicable. See question below
			 relating to Kentucky Highway Use Tax Identification Number);
(b) Business address, including street
			 address, city, state and zip code;
(c) Telephone number;
(d) Name of a natural person who is either
			 the applicant, or an officer of the applicant, position of this person, Social
			 Security number of this person and home address of this person:
(e) Number of vehicles which the licensee
			 intends to operate;
(f) If the
			 applicant is not a resident of Kentucky and anticipates transporting municipal
			 solid waste from outside Kentucky to a municipal solid waste management
			 facility in Kentucky, a copy of the applicant's "Consent to Service" document
			 as required to be filed with the Natural Resources and Environmental Protection
			 Cabinet;
(g) The applicant's
			 highway use tax identification number, as required by
			 KRS
			 138.665. (NOTE: If the applicant does not
			 currently have a KYU number, it shall attach a statement of why its
			 transportation operations do not fall within the purview of
			 KRS
			 138.665);
(h) A statement that the applicant does now
			 have, or is in the process of obtaining, liability insurance on each vehicle in
			 the amounts currently required by Kentucky law;
(i) A statement of whether the applicant or
			 any corporate officer or principal stockholder thereof has ever been convicted
			 of a felony; and
(j) If the
			 applicant is a Kentucky corporation, a copy of the corporation's certificate of
			 good standing from the Kentucky Secretary of State or, if a foreign
			 corporation, a certificate to do business in Kentucky from the Kentucky
			 Secretary of State, shall be submitted with the application. These certificates
			 shall not be more than thirty (30) days old at the time the application is
			 submitted. However, all corporations, whether foreign or domestic, shall submit
			 a list of persons who own ten (10) percent or more of the corporation's
			 outstanding stock.
(k) If the
			 applicant is doing business under an assumed name, it shall provide proof with
			 the application that the assumed name has been registered with the appropriate
			 county clerk's office.
(l) The
			 Transportation Cabinet may require other proof of eligibility to do business in
			 Kentucky or proof of safety fitness.
(3) The official signing on behalf of the
			 applicant shall:
(a) Be sworn;
(b) State that he has the authority to
			 represent the applicant;
(c) State
			 that the information is true and correct to the best of his knowledge and
			 belief; and
(d) Have his signature
			 and oath notarized.
(4)
			 The Transportation Cabinet shall make available a form listing the information
			 required in subsections (2) and (3) of this section to any person wishing to
			 apply for a license to operate municipal solid waste transportation vehicles.
			 These forms may be obtained, inspected or copied at the Division of Motor
			 Carriers, 501 High Street, Frankfort, Kentucky 40622, or by telephoning
			 502/564-4540.