281.010 Definitions for chapter.
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/ky/chapter-281/281-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
(1)"Automobile club" means a person that, for consideration, promises to assist its
members or subscribers in matters relating to the assumption of or reimbursement
of the expense or a portion thereof for towing of a motor vehicle; emergency road
service; matters relating to the operation, use, and maintenance of a motor vehicle;
and the supplying of services which includes, augments, or is incidental to theft or
reward services, discount services, arrest bond services, lock and key services, trip
interruption services, and legal fee reimbursement services in defense of traffic-
related offenses;
(2)"Automobile utility trailer" means any trailer or semitrailer designed for use with
and towed behind a passenger motor vehicle;
(3)"Automobile utility trailer certificate" means a certificate authorizing a person to
engage in the business of automobile utility trailer lessor;
(4)"Automobile utility trailer lessor" means any person operating under an automobile
utility trailer certificate who is engaged in the business of leasing or renting
automobile utility trailers, but shall not include the agents of such persons;
(5)"Broker" means a person selected by the cabinet through a request for proposal
process to coordinate human service transportation delivery within a specific
delivery area. A broker may also provide transportation services within the specific
delivery area for which the broker is under contract with the cabinet;
(6)"Bus" means a motor vehicle operating under a bus certificate transporting
passengers for hire between points over regular routes;
(7)"Bus certificate" means a certificate granting authority for the operation of one
or more buses;
(8)"Cabinet" means the Kentucky Transportation Cabinet;
(9)"Certificate" means a certificate of compliance issued under this chapter to motor
carriers;
(10)"Charter bus" means a motor vehicle operating under a charter bus certificate
providing for-hire intrastate transportation of a group of persons who, pursuant to a
common purpose under a single contract at a fixed charge for the motor vehicle,
have acquired the exclusive use of the motor vehicle to travel together under an
itinerary either specified in advance or modified after having left the place of
origin;
(11)"Charter bus certificate" means a certificate granting authority for the operation of
one
(1)or more charter buses;
(12)"Commissioner" means the commissioner of the Department of Vehicle Regulation;
(13)"CTAC" means the Coordinated Transportation Advisory Committee created in
KRS 281.870;
(14)"Department" means the Department of Vehicle Regulation;
(15)"Delivery area" means one
(1)or more regions established by the cabinet in
administrative regulations promulgated under KRS Chapter 13A for the purpose of
providing human service transportation delivery in that region;
(16)"Disabled persons vehicle carrier" means a motor carrier for hire, transporting
passengers including the general public who require transportation in disabled
persons vehicles;
(17)"Disabled persons vehicle" means a motor vehicle operating under a disabled
persons vehicle certificate especially equipped for the transportation of passengers
with disabilities in accordance with 49 C.F.R. pt. 38, and is designed or constructed
with not more than fifteen
(15)regular seats. It shall not mean an ambulance as
defined in KRS 311A.010. It shall not mean a motor vehicle equipped with a
stretcher;
(18)"Disabled persons vehicle certificate" means a certificate granting authority for the
operation of one
(1)or more disabled persons vehicles transporting passengers for
hire;
(19)"Driveaway" means the transporting and delivering of motor vehicles, except
semitrailers and trailers, whether destined to be used in either a private or for-hire
capacity, under their own power or by means of a full mount method, saddle mount
method, the tow bar method, or any combination of them over the highways of this
state from any point of origin to any point of destination for hire. "Driveaway" does
not include the transportation of such vehicles by the full mount method on trailers
or semitrailers;
(20)"Driveaway certificate" means a certificate granting authority for the operation of
one
(1)or more motor carrier vehicles operating as a driveaway;
(21)"Driver" means the person physically operating the motor vehicle;
(22)"Flatbed/rollback service" means a form of towing service which involves moving
vehicles by loading them onto a flatbed platform;
(23)"Fully autonomous vehicle" has the same meaning as in KRS 186.760;
(24)"Highway" means all public roads, highways, streets, and ways in this state,
whether within a municipality or outside of a municipality;
(25)"Household goods" has the same meaning as in 49 C.F.R. sec. 375.103;
(26)"Household goods carrier" has the same meaning as "household goods motor
carrier" in 49 C.F.R. sec. 375.103;
(27)"Household goods certificate" means a certificate granting authority for the
operation of one
(1)or more household goods vehicles;
(28)"Human service transportation delivery" means the provision of transportation
services to any person that is an eligible recipient in one
(1)of the following state
programs:
(a)Nonemergency medical transportation under KRS Chapter 205;
(b)Mental health, intellectual disabilities, or comprehensive care under KRS
Chapter 202A, 202B, 210, or 645;
(c)Work programs for public assistance recipients under KRS Chapter 205;
(d)Adult services under KRS Chapter 205, 209, 216, or 273;
(e)Vocational rehabilitation under KRS Chapter 151B or 157; or
(f)Blind industries or rehabilitation under KRS Chapter 151B or 163;
(29)"Interstate commerce" has the same meaning as in 49 C.F.R. sec. 390.5;
(30)"Intrastate commerce" has the same meaning as in 49 C.F.R. sec. 390.5;
(31)"Limousine" means a motor vehicle operating under a limousine certificate that is
designed or constructed with not more than fifteen
(15)regular seats;
(32)"Limousine certificate" means a certificate granting authority for the operation of
one
(1)or more limousines transporting passengers for hire;
(33)"Mobile application" means an application or a computer program designed to run
on a smartphone, tablet computer, or other mobile device that is used by a TNC to
connect drivers with potential passengers;
(34)"Motor carrier" means any person in either a private or for-hire capacity who owns,
controls, operates, manages, or leases, except persons leasing to authorized motor
carriers, any motor vehicle for the transportation of passengers or property upon
any highway, and any person who engages in the business of automobile utility
trailer lessor, vehicle towing, driveaway, or U-Drive-It;
(35)"Motor carrier vehicle" means a motor vehicle, including a fully autonomous
vehicle, used by a motor carrier to transport passengers or property;
(36)"Motor carrier vehicle license" means a license issued by the department for a
motor carrier vehicle authorized to operate under a certificate;
(37)"Motor carrier license plate" means a license plate issued by the department to a
motor carrier authorized to operate under a certificate other than a household goods,
property, TNC, peer-to-peer car sharing, or U-Drive-It certificate;
(38)"Motor vehicle" means any motor-propelled vehicle used for the transportation of
passengers or property on a public highway, including any such vehicle operated as
a unit in combination with other vehicles;
(39)"Passenger" means an individual or group of people;
(40)"Peer-to-peer car sharing":
(a)Means the authorized use of a motor vehicle by an individual other than the
vehicle's owner through a peer-to-peer car sharing program; and
(b)Does not:
1. Include the operation of a U-Drive-It certificate as defined in this
section; or
2. Involve the sale or provision of rental vehicle insurance as defined in
KRS 304.9-020;
(41)"Peer-to-peer car sharing certificate" means a certificate granting the authority for
the operation of a peer-to-peer car sharing program;
(42)"Peer-to-peer car sharing company" means a person that operates a peer-to-peer car
sharing program;
(43)"Peer-to-peer car sharing program":
(a)Means a business platform that connects shared vehicle owners with shared
vehicle drivers to enable the sharing of motor vehicles for financial
consideration; and
(b)Does not include a:
1. U-Drive-It;
2. Motor vehicle renting company as defined in KRS 281.687;
3. Rental vehicle agent as defined in KRS 304.9-020; or
4. Service provider that is solely providing hardware or software as a
service to a person or entity that is not effectuating payment of financial
consideration for use of a shared vehicle;
(44)"Permit" means a temporary permit of compliance issued under this chapter for a
specified period not to exceed ten
(10)days, and for a specific vehicle, to any motor
carrier, including one who is a nonresident of the Commonwealth, who operates a
motor vehicle and is not entitled to an exemption from the payment of fees imposed
under KRS 186.050 because of the terms of a reciprocal agreement between the
Commonwealth and the state in which the vehicle is licensed;
(45)"Person" means any individual, firm, partnership, corporation, company,
association, or joint stock association, and includes any trustee, assignee, or
personal representative thereof;
(46)"Platoon" means a group of two
(2)individual commercial motor vehicles traveling
in a unified manner at electronically coordinated speeds at following distances that
are closer than would ordinarily be allowed under KRS 189.340(9)(b);
(47)"Prearranged ride" means the period of time that begins when a transportation
network company driver accepts a requested ride through a digital network or
mobile application, continues while the driver transports the rider in a personal
vehicle, and ends when the transportation network company services end;
(48)"Pre-trip acceptance liability policy" means the transportation network company
liability insurance coverage for incidents involving the driver for a period of time
when a driver is logged into a transportation network company's digital network or
mobile application but is not engaged in a prearranged ride;
(49)"Property" means general or specific commodities, including hazardous and
nonhazardous materials;
(50)"Property certificate" means a certificate granting authority for the transportation of
property, other than household goods, not exempt under KRS 281.605;
(51)"Recovery":
(a)Means a form of towing service which involves moving vehicles by the use of
a wheel-lift device, such as a lift, crane, hoist, winch, cradle, jack, automobile
ambulance, tow dolly, or any other similar device as requested by a state or
local law enforcement agency; and
(b)Includes:
1. Relocating a vehicle or cargo from a place where towing is not possible
to a place where towing is possible; and
2. The cleanup of debris or cargo, and returning an area to pre-event
condition;
(52)"Regular route" means the scheduled transportation of passengers between
designated points over designated routes under time schedules that provide a
regularity of services;
(53)"Regular seat" means a seat ordinarily and customarily used by one
(1)passenger
and, in determining such seating capacity, the manufacturer's rating may be
considered;
(54)"Shared vehicle":
(a)Means a motor vehicle that is available for car sharing through a peer-to-peer
car sharing program; and
(b)Does not include a motor vehicle leased or rented by a person operating under
a U-Drive-It certificate;
(55)"Shared vehicle driver" means an individual who has been authorized to drive the
shared vehicle by the shared vehicle owner under a car sharing program agreement;
(56)"Shared vehicle owner":
(a)Means the registered owner, or a person designated by the registered owner,
of a motor vehicle made available for sharing to shared vehicle drivers,
through a peer-to-peer car sharing program; and
(b)Does not include a:
1. Person operating a U-Drive-It certificate;
2. Motor vehicle renting company as defined in KRS 281.687; or
3. Rental vehicle agent as defined in KRS 304.9-020;
(57)"Storage facility" means any lot, facility, or other property used to store motor
vehicles that have been removed from another location by a tow truck;
(58)"Street hail" means a request for service made by a potential passenger using hand
gestures or verbal statement;
(59)"Subcontractor" means a person who has signed a contract with a broker to provide
human service transportation delivery within a specific delivery area and who meets
human service transportation delivery requirements, including proper operating
authority;
(60)"Tariff" means the listing of compensation received by a motor carrier for
household goods that includes the manner in which and the amount of fares an
authorized motor carrier may charge;
(61)"Taxicab" means a motor vehicle operating under a taxicab certificate that is
designed or constructed with not more than eight
(8)regular seats and may be
equipped with a taximeter;
(62)"Taxicab certificate" means a certificate granting authority for the operation of one
(1)or more taxicabs transporting passengers for hire;
(63)"Taximeter" means an instrument or device approved by the department that
automatically calculates and plainly indicates the charge to a passenger for hire who
is being charged on the basis of mileage;
(64)"Tow truck" means a motor vehicle equipped to provide any form of towing
service, including recovery service or flatbed/rollback service;
(65)"Tow truck operator" means an individual who operates a tow truck as an employee
or agent of a towing company;
(66)"Towing" means:
(a)Emergency towing, which is the towing of a motor vehicle, with or without
the owner's consent, because of:
1. A motor vehicle accident on a public highway;
2. An incident related to an emergency; or
3. An incident that necessitates the removal of the motor vehicle from a
location for public safety reasons;
(b)Private property towing, which is the towing of a motor vehicle, without the
owner's consent, from private property:
1. On which the motor vehicle was illegally parked; or
2. Because of an exigent circumstance necessitating its removal to another
location; and
(c)Seizure towing, which is the towing of a motor vehicle for law enforcement
purposes involving the:
1. Maintenance of the chain of custody of evidence;
2. Forfeiture of assets; or
3. Delinquency of highway fuel tax, weight distance tax, or any other taxes
and fees administered by the Transportation Cabinet;
(67)"Towing and storage certificate" means a certificate granting authority for the
operation of one
(1)or more tow trucks, storage facilities, or both;
(68)"Towing company":
(a)Means a service or business operating as a motor carrier that:
1. Tows or otherwise moves motor vehicles by means of a tow truck; or
2. Owns or operates a storage facility;
(b)Includes a tow truck operator acting on behalf of a towing company when
appropriate in the context; and
(c)Does not include an automobile club, car dealership, insurance company,
repossession company, lienholders and entities hired by lienholders for the
purpose of repossession, local government, or any other entity that contracts
with a towing company;
(69)"Transportation network company" or "TNC" means a person or entity that
connects passengers through its digital network or mobile application to its drivers
for the provision of transportation network company services;
(70)"Transportation network company certificate" or "TNC certificate" means a
certificate granting the authority for the operation of one
(1)or more transportation
network company vehicles transporting passengers for hire;
(71)"Transportation network company driver" or "TNC driver" means an individual
who operates a motor vehicle that is owned or leased by the individual, or a motor
vehicle for which the driver is an insured driver and has the permission of the
owner or lessee of the motor vehicle, and used to provide transportation network
company services;
(72)"Transportation network company service" or "TNC service" means a prearranged
passenger transportation service offered or provided through the use of a
transportation network company mobile application or digital network to connect
potential passengers with transportation network company drivers;
(73)"Transportation network company vehicle" or "TNC vehicle" means a privately
owned or leased motor vehicle, including a fully autonomous vehicle, designed or
constructed with not more than eight
(8)regular seats, operating under a
transportation network company certificate;
(74)"U-Drive-It" means any person operating under a U-Drive-It certificate who leases
or rents a motor vehicle for consideration to be used for the transportation of
persons or property, but for which no driver is furnished, and the use of which
motor vehicle is not for the transportation of persons or property for hire by the
lessee or rentee; and
(75)"U-Drive-It certificate" means a certificate granting authority for the operation of
one
(1)or more U-Drive-Its.