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UNOFFICIAL COPY 26 RS BR 1433
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AN ACT relating to motor carrier safety regulation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 281.600 is amended to read as follows: 3
(1) The Department of Vehicle Regulation shall: 4
(a) Exercise all administrative functions of the state in relation to motor carrier 5
transportation as defined in this chapter;[, and shall ] 6
(b) Apply, as far as practicable, the federal regulations and administrative and 7
judicial interpretations of acts administered by the Federal Motor Carrier 8
Safety Administration and other federal agencies under the United States 9
Department of Transportation;[. It shall ] 10
(c) Have the right to regulate motor carriers as provided in this chapter and [, to 11
that end, may] establish reasonable requirements with respect to continuous 12
and adequate service of transportation, systems of accounts, records and 13
reports, preservation of records, and safety of operation and equipment; 14
(d) Conduct administrative hearings in accordanc e with KRS Chapter 13B; 15
and[. It may issue subpoenas, subpoenas duces tecum and orders of personal 16
attendance of witnesses, and production of pertinent records for any 17
proceeding before it, and permit the taking of depositions, all in accord with 18
the Rules of Civil Procedure, and it shall have the power to ] 19
(e) Promulgate administrative regulations in accordance with KRS Chapter 20
13A[as it may deem necessary] to carry out the provisions of this chapter , 21
including: 22
1. [. The department shall have the authori ty to promulgate ] Regulations 23
regarding safety requirements for motor vehicles and the method of 24
operation; and[, including ] 25
2. The adoption of [any of the ] federal motor carrier safety regulations [ 26
and ]. 27
UNOFFICIAL COPY 26 RS BR 1433
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(2) Any motor vehicle operating contrary to safe ty regulations promulgated by the 1
department shall be in violation of this section. 2
(3)[(2)] Notwithstanding any other provision of law to the contrary, the provisions 3
of Title 49 of the United States Code adopted pursuant to subsection (1) of this 4
section, and not otherwise excepted by subsection (4) of this section, shall apply to 5
any driver, vehicle, or motor carrier subject to its jurisdiction within the 6
Commonwealth. Any provision of law that conflicts or is contrary to, or which 7
establishes a differen t compliance standard than Title 49 of the United States 8
Code adopted pursuant to subsection (1) of this section, and not otherwise 9
excepted by subsection (4) of this section, shall not apply to any driver, vehicle, or 10
motor carrier within the Commonwealth . This subsection shall not be construed 11
to negate any provision of law where Title 49 of the United States Code adopted 12
pursuant to subsection (1) of this section does not apply or where there is no 13
regulatory incompatibility [The provisions established by the Federal Highway 14
Administration in Title 49, Part 393 of the United States Code of Federal 15
Regulations shall not apply to: 16
(a) A motor vehicle or its towed unit having a fertilizer spreader attachment 17
permanently mounted thereon, having a gross weight not to exceed thirty -six 18
thousand (36,000) pounds, and used only for the transportation of bulk 19
fertilizer; or 20
(b) A farm-wagon-type tank trailer of not more than two thousand (2,000) gallon 21
capacity used during liquid fertilizer season as a field storage tank supplying 22
fertilizer to a field applicator, and moved on a public highway for the purpose 23
of bringing fertilizer from a local source of supply to a farm or field, or from 24
one (1) farm or field to another, provided that the vehicle is being operated 25
solely in intrastate transportation. 26
(3) The provisions established by the Federal Highway Administration in 49 C.F.R. 27
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sec. 390.21 and 49 C.F.R. pts. 391, 393, 395, and 396 shall not apply to a motor 1
vehicle registered under KRS 186.050(4)(a)1., or its towed unit, if: 2
(a) The vehicle is not engaged in interstate commerce; 3
(b) The vehicle is engaged in farming or agricultural related activities; and 4
(c) The gross vehicle weight, gross vehicle weight rating, gross vehicle 5
combination weight, or gross vehicle combination weight rating of the vehicle 6
and its towed unit is twenty-six thousand (26,000) pounds or less]. 7
(4) The provisions established by the Federal Highway Administration in 49 C.F.R. 8
secs. 391.41 to 391.49 and 49 C.F.R. pt. 395 shall not apply to a m otor vehicle 9
registered under KRS 186.050(3)(b) or (4), or its towed unit, if: 10
(a) The vehicle is not engaged in interstate commerce; 11
(b) The vehicle is not transporting hazardous materials required to be placarded in 12
accordance with 49 C.F.R. pt. 172; 13
(c) The vehicle is not designed or used to transport sixteen (16) or more 14
passengers, including the driver; and 15
(d) The gross vehicle weight, gross vehicle weight rating, gross vehicle 16
combination weight, or gross vehicle combination weight rating of the vehi cle 17
and its towed unit is twenty-six thousand (26,000) pounds or less. 18
(5) The Department of Kentucky State Police shall exercise all administrative functions 19
of the state pertaining to the motor carrier safety management audit program. This 20
program shall be administered according to the provisions of the Federal Motor 21
Carriers Safety Act and the federal regulations promulgated under that Act. 22