| Last Action | signed by Governor (Acts, ch. 019) |
|---|---|
| Title | AN ACT relating to motor carriers. |
| Bill Documents |
Bill
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| Impact Statements | Local Mandate |
| Bill Request Number | 1424 |
| Sponsor | E. Harris |
| Summary of Original Version | Omnibus revision of the motor carrier statutes, KRS Chapter 281; repeal and reenact KRS 281.010 to consolidate various definition sections and set forth definitions for the chapter; amend KRS 281.590, regarding legislative intent, to eliminate references to competitive practices; amend KRS 281.600 to clarify references to federal laws; amend KRS 281.602 to give the Department of Vehicle Regulation the authority to file liens against motor carriers for fees administered under the chapter; amend KRS 281.605 and 281.610 to eliminate references to certificates of convenience and necessity and to hearings on certificates of convenience and necessity; amend KRS 281.6185 to clarify provisions and eliminate outdated grandfather language; repeal and reenact KRS 281.624 to enumerate the regulatory powers of the cabinet in relation to household goods carriers; amend KRS 281.626 to eliminate hearings for the issuance of U-Drive-It certificates; repeal and reenact KRS 281.630 to require motor carriers to obtain a certificate from the department prior to operation; establish that a certificate is to be granted to any applicant who conforms to the requirements of KRS Chapter 281; identify different certificates issued by the department; set forth application requirements and fees; require criminal background checks for certain officers and employees and establish disqualifying offenses; establish renewal procedures and fees; establish requirements for rate and time schedules; establish procedures for transfer of certificates; establish authority for hearing and penalties; grant the department the authority to promulgate administrative regulations to carry out the section; amend KRS 281.6301 to establish criminal background check requirements for passenger vehicle and household goods certificate holders; repeal and reenact KRS 281.631 to establish requirements for motor carrier vehicle licenses; establish initial application and renewal procedures and fees; allow cities and counties to impose annual license fees not to exceed $30 per vehicle on taxicabs, limousines, transportation network company vehicles, and disabled persons vehicles; exempt nonresident motor carriers from fees under KRS Chapter 281 if reciprocal provisions are granted Kentucky carriers by the nonresident carrier's home state; grant the department the authority to promulgate administrative regulations to carry out the section; amend KRS 281.635 to eliminate finding of convenience and necessity for bus franchises; clarify references to concurrent authority of cities and the state over buses, taxicabs, limousines, disabled persons vehicles, and their drivers; amend KRS 281.640 to establish procedures for hearings involving certificate holders; amend KRS 281.655 to increase insurance requirements for motor carriers; amend KRS 281.656 to clarify provisions for the suspension of a certificate upon cancellation of insurance or bond; amend KRS 281.720 to require motor carrier vehicles to display a motor carrier license plate; amend KRS 281.728 to include limousines and disabled persons vehicles among the types of certificate holders that cannot advertise for a service not authorized by its certificate; amend KRS 281.730 to clarify rules on hours of operation; amend KRS 281.830 to prohibit local governments from imposing taxes or fees on commercial motor vehicle on property carrier operating under interstate commerce or under the United Carrier Registration System; amend 281.883 to require the cabinet to establish by regulation procedures for the administrative citation, assessment and appeal of penalties under KRS 281.990; amend KRS 281.990 to reduce the minimum fine for operating a motor carrier without a valid certificate or in violation of a certificate from $2,000 to $500; amend KRS 186.050 to set registration fees for motor carrier vehicles carrying up to 15 passengers at $11.50 and the fee for motor carrier vehicles carrying more than 15 passengers at $100; create a new section of KRS Chapter 189 to authorize the Transportation Cabinet to join compacts with other states regarding overdimensional permits; amend KRS 281.687, 281.735, 281.745, 281.752, 281.760, 281.775, 281.802, 281.820, 281.835, 281.838, 281.873, 96A.010, 96A.020, 138.446, 138.463, 186.164, 186.240, 186.991, and 381.770 to conform; repeal KRS 186.052, 186.281, 186.286, 281.011, 281.012, 281.013, 281.014, 281.015, 281.604, 281.607, 281.612, 281.615, 281.618, 281.619, 281.620, 281.625, 281.6251, 281.632, 281.633, 281.637, 281.641, 281.645, 281.650, 281.660, 281.6602, 281.670, 281.675, 281.680, 281.685, 281.690, 281.695, 281.700, 281.710, 281.780, 281.801, 281.804, 281.806, 281.850, 281.860, 281.910, 281.912, and 281.914; clarify that any existing certificate or permit in effect on the effective date of the Act shall remain valid until its expiration and that prior to expiration, the certificate holder must make initial application for a certificate under the provisions of the Act. |
| Index Headings of Original Version |
Federal Laws and Regulations - Motor carriers, clarification of authority Fees - Motor carrier certificates, application and renewal Fees - Taxicabs, limousines, and disabled persons vehicles, license fees Liens - Department of Vehicle Regulation, authority to issues liens for unpaid motor carrier fees Motor Carriers - Certificate of convenience and necessity, elimination Motor Carriers - Motor carrier certificates, omnibus revisions State Agencies - Department of Vehicle Regulation, omnibus motor carrier revisions Transportation - Motor carrier certificates, omnibus revisions Administrative Regulations and Proceedings - Motor carriers, administrative hearing procedures Cities - Taxicabs, limousines, and disabled persons vehicles and drivers, concurrent regulatory authority Cities - Taxicabs, limousines, and disabled persons vehicles, license fees Consumer Affairs - Motor carriers, elimination of certificate of convenience and necessity Local Mandate - Motor carrier certificates, omnibus revisions |
| Proposed Amendments | Senate Committee Substitute 1 |
| Votes | Vote History |
| 02/11/15 |
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|---|---|
| 02/13/15 |
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| 02/20/15 |
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| 02/26/15 |
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| 03/02/15 |
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| 03/03/15 |
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| 03/09/15 |
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| 03/10/15 |
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| 03/11/15 |
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| 03/19/15 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Impact Statements | Local Mandate |
| Summary | Retain original provisions with the following exceptions: amend definition of “mobile application” as it refers to TNCs to remove references to “or other items to be transported”; add TNC vehicles to the list of vehicles exempted from having a motor carrier license plate; amend definition of a "TNC Driver" to include drivers of motor vehicles which are not owned or leased by the driver, but for which the driver is an insured driver and has the permission of the owner or lessee to use the vehicle for TNC purposes; clarify procedures for application and renewal of TNC certificates; include “independent contractor” among the entities who must have background checks; allow the KYTC to promulgate administrative regulations to provide for bulk licenses fees for certificate holders who employ or contract with more than 50 vehicles; remove ability of cities to charge an annual license fee on TNC vehicles; remove concurrent city authority over TNC vehicles and drivers; allow a taxi, limo, DPV or TNC driver to possess a valid license from another state; allow KYTC to require immediate surrender of certificates if the certificate holder’s bond or insurance policy is canceled; require the KYTC to promulgate regulations to set standards for pre-trip acceptance liability policies and prearranged ride liability insurance policies for TNC vehicles; set minimum amount of insurance for pre-trip policies at $50,000 for single death or injury, $100,000 multiple death or injury from one incident, and $25,000 for property damage; set minimum amount of insurance for prearranged ride policies shall be the same as for motor vehicles for the transportation of persons; allow pre-trip and prearranged ride insurance policies to be issued by an eligible surplus lines insurer; clarify that vehicles operated under a TNC, household goods, property, or U-drive-it certificate are exempted from having a motor carrier license plate; clarify that motor carrier records inspected by the department shall not be kept or retained by the department; add explicit language to prohibit cities or counties from imposing fees or taxes on any private or for-hire commercial motor vehicle for the loading or unloading of property, including household goods; amend KRS 281.905, regarding duties of the Motor Carrier Advisory Commission, to eliminate references to motor carrier safety training programs; repeal KRS 281.907. |
| Index Headings |
Federal Laws and Regulations - Motor carriers, clarification of authority Fees - Motor carrier certificates, application and renewal Fees - Taxicabs, limousines, and disabled persons vehicles, license fees Liens - Department of Vehicle Regulation, authority to issues liens for unpaid motor carrier fees Motor Carriers - Certificate of convenience and necessity, elimination Motor Carriers - Motor carrier certificates, omnibus revisions State Agencies - Department of Vehicle Regulation, omnibus motor carrier revisions Transportation - Motor carrier certificates, omnibus revisions Administrative Regulations and Proceedings - Motor carriers, administrative hearing procedures Cities - Taxicabs, limousines, and disabled persons vehicles and drivers, concurrent regulatory authority Cities - Taxicabs, limousines, and disabled persons vehicles, license fees Consumer Affairs - Motor carriers, elimination of certificate of convenience and necessity Local Mandate - Motor carrier certificates, omnibus revisions |
Last updated: 1/16/2019 3:10 PM (EST)