138.665 License for use of public highways -- Exemption.
416 words·~2 min read·
/ky/chapter-138/138-665A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in paragraph
(b)of this subsection, a license shall be
required of each motor carrier or heavy equipment motor carrier subject to the
provisions of KRS 138.660 before he or she uses or continues to use the
public highways of this state.
(b)If the vehicle is subject to those taxes in KRS 138.660(1) to (3), the cabinet
may issue a trip permit for each motor vehicle for a fee of forty dollars ($40)
for each permit.
(2)Application for a license or trip permit shall be made to the cabinet by using the
motor carrier portal.
(a)Except as provided for in paragraph
(b)of this subsection, if an application in
proper form has been accepted for filing and approved, and the other
conditions and requirements of this section have been complied with, the
cabinet shall issue a license.
(b)The cabinet may refuse to issue a license:
1. To any person whose license has, at any time previously, been revoked
for cause by the cabinet; or
2. If the cabinet is of the opinion that:
a. The person who made the application did so as a subterfuge for the
real party in interest whose license, prior to the time of filing the
application, has been revoked for cause; or
b. The application is not for any other reason filed in good faith or is
not sufficient cause.
(c)Any person who has been denied a license by the cabinet under paragraph
of this subsection may appeal that decision by requesting an administrative
hearing, which shall be conducted in accordance with KRS Chapter 13B.
(4)All licenses shall be valid and remain in full force and effect until suspended or
revoked for cause or otherwise canceled.
(5)A license shall not be assignable or transferable and shall be valid only for the
person in whose name it is issued.
(6)The cabinet may require the license number or other identifier to be displayed so
that it can be readily recorded either manually or electronically by cabinet
representatives. In addition, the cabinet may require each individual unit in the
license holder's fleet of vehicles subject to these taxes to be uniquely identified.
(7)The provisions of this section shall not apply to a nonresident motor carrier engaged
in transporting passengers for hire in irregular route interstate charter or special
operations, provided reciprocal privileges are granted to similar nonresident carriers
by the laws and regulations of his or her state.